Lake Ozark City Zoning Code
ARTICLE XI
View Preservation
Section 405.815 Applicability.
[R.O. 1994 § 405.815; Ord. No. 94-8 Art. 11 § 1, 5-10-1994]
The provisions of this regulation shall apply to all projects within property "Area 3" located in any lakefront indicated as a "mixed use development" district on the future land use plan map of the Comprehensive Plan; and for any project on a lot with the "Area 2" U.S. Business 54 Highway corridor of the future land use plan map which has a "viewing area" that includes direct sight lines to the Lake of the Ozarks for which an application for a structural development permit has not been filed and accepted as complete as of the date of adoption of these regulations.
Section 405.820 Purpose And Intent.
[R.O. 1994 § 405.820; Ord. No. 94-8 Art. 11 § 2, 5-10-1994]
A.
The hillsides, view of the lake and natural geographic features of the City of Lake Ozark constitute a limited natural resource in their scenic value to all City residents and visitors. These unique features provide potential vista points and view lots. It is therefore the purpose and intent of these regulations:
1.
To establish regulations to preserve the existing scale and character of established neighborhoods and commercial development and to protect public and private views, aesthetics and other property values in a manner which is compatible with reasonable development of property.
2.
To enable the City of Lake Ozark to implement, without prejudice to such efforts, those sections of the Comprehensive Land Use Plan which call for the adoption of ordinances to encourage the preservation of private views, where feasible.
3.
To promote the health, safety and general welfare of the public by preventing the needless destruction and impairment of these limited, unique and irreplaceable views for this and future generations.
4.
To protect, enhance and perpetuate views available to property owners and visitors by establishing procedures and requirements for the protection of private views from unreasonable impairment by new construction.
5.
To provide a public notification process to encourage the resolution of view impairment issues by those property owners directly affected without further involvement of the City.
Section 405.822 Definitions.
[R.O. 1994 § 405.822; Ord. No. 94-8 Art. 11 § 3, 5-10-1994]
For purposes of this Article, the following words, phrases and terms shall have the following meanings:
That portion of a lot or building site which is occupied by any building or structure.
The existing characteristics of a neighborhood in terms of the following:
The person who has submitted an application for a structural development permit.
Reasonable protection from intrusive visual observation and/or noise.
The total square footage and lot coverage of a residence and accessory structures.
Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is located on or on top of the ground and exceeding seven (7) feet in height.
Design elements which consist of the following:
A View Assessment Committee shall be appointed by the City Board to consider applications for view arbitration. The terms and qualifications for service on the Committee shall be established by the Board of Aldermen. The Committee shall consist of seven (7) resident members who are also property owners within the City of Lake Ozark. The Zoning Administrator or the Zoning Administrator's designee shall be an ex officio member of the Committee. The regulations and policies drafted by the Citizens' Zoning Committee and previously adopted by the Board of Aldermen shall be applied to assist in the implementation of this Article and shall be binding on the View Assessment Committee.
That area of the structure or lot (excluding the building setback areas) where the View Assessment Committee, or the Board of Aldermen on appeal, determines the best and most important view exists of the Lake of the Ozarks. The finished floor elevation of any viewing area must be at or above existing grade adjacent to the exterior wall of the part of the building nearest to that viewing area. The determination shall be made balancing the nature of the view to be protected and the importance of the area of the structure or lot from where the view is taken. Once finally determined for a particular application, the viewing area may not be changed for a subsequent application. A property owner may reserve his or her right to dispute the decision on the viewing area for a subsequent application without disputing the decision on a pending application by filing a statement to that effect indicating the viewing area the property owner believes to be more appropriate. The statement shall be filed with the City prior to consideration of the pending application by the City.
Section 405.825 Regulations.
[R.O. 1994 § 405.825; Ord. No. 94-8 Art. 11 § 4, 5-10-1994]
Building height, building coverage and building setback regulations for all zones shall be as set forth in City of Lake Ozark land use plan subject to specific design modifications as determined necessary by the View Assessment Committee or the Board of Aldermen on appeal to achieve the purpose and intent of this Article.
Section 405.830 Procedures And Requirements - Preservation Of Views Involving Structures.
[R.O. 1994 § 405.830; Ord. No. 94-8 Art. 11 § 5, 5-10-1994]
A.
Application For Structure Development Permit. Any person proposing to construct a new structure or an addition to an existing structure, exceeding a height of seven (7) feet above existing grade, shall be required to submit an application for a structure development permit to the City. The application shall be in a form established by the Zoning Administrator and shall contain sufficient information and plans to permit review pursuant to this Article, including a complete set of preliminary plans, including a site plan and all exterior elevations. The applicant (also sometimes called "owner" in this Article) shall also submit a current property owner list, postage and one (1) set of mailing labels for all property owners and occupants within three hundred (300) feet of the subject property or for the nearest twenty (20) properties, whichever is greater. An application processing fee in an amount established by Board of Aldermen resolution shall be paid at the time of submission of the application. In the case of very minor additions to existing structures, the Zoning Administrator has the authority to determine whether or not a structure development permit is required. The Zoning Administrator also has the authority to waive the requirement established by Subsection (B) of this Section to erect story poles as a part of the application for a structure development permit for projects where there is no likelihood of a view impairment; provided, however, that if an application for review of the project is filed, the View Assessment Committee may require that story poles be erected. When a project requires both a site development permit and a structure development permit under this Article, the applications shall be consolidated and the matter heard by the City Board. No application for view assessment under Subsection (E) of this Section is required for a hearing on a consolidated application, however, any person who wishes to address the matter of view impact shall file a statement of "viewing area" with the Board of Aldermen at or before the hearing on the consolidated application. The Board of Aldermen shall decide the consolidated application based on the standards of both the land use plan and this Article. The Board of Aldermen may refer the consolidated application to the View Assessment Committee for a report, such report shall be filed within thirty (30) days.
B.
Roof Line "Story" Poles. Unless waived by the Zoning Administrator pursuant to Subsection (A) of this Section, as a part of the application for a structure development permit, including permits consolidated with a site development permit, the applicant shall erect or cause to be erected temporary poles connected with string marked with colored pennants sufficient to show the height and general outline of the proposed structure. If the Zoning Administrator has waived the requirement for story poles, the View Assessment Committee may require the poles upon a determination by the Committee that the poles will aid in making the required determinations under this . The accuracy of the structural outline established by the story poles shall be verified by a signed statement of a licensed surveyor on a story pole plot plan for new structures on a lot or by a licensed surveyor, architect, civil engineer or building designer for additions to existing structures. Conformance of the structure as approved or conditionally approved to the structural outline established by the story poles or by the conditionally approved structure development permit, if different, shall be verified before final inspection of the framing by a licensed surveyor, architect, civil engineer or building contractor.
C.
Mediation. At the time that an application for a structure development permit is filed, the applicant may make an offer in writing to submit the matters of any view impairment to mediation by a private independent mediator. When a person accepts an owner's offer to submit a matter to mediation or when the owner accepts an offer to mediate made by a person whose view may be impaired, either party to the mediation shall notify the Zoning Administrator that the matter will be submitted to mediation and all time periods for action by the Zoning Administrator or the View Assessment Review Committee shall be stayed until the owner notifies the Zoning Administrator in writing that mediation has been concluded. If the matter of view impairment is successfully mediated, the owner shall submit revised plans showing any revisions agreed to during the mediation process along with a written statement of the mediator that the matter has been successfully mediated. If the matter is successfully mediated, the Zoning Administrator shall refund the application fee paid by the owner, unless the proposed project also requires a site development permit in which case the portion of the fee which is attributable to the view review process shall be refunded. If more than one (1) person from more than one (1) property have accepted an owner's offer to mediate or have voluntarily offered to submit the matter of a view impairment to mediation, the amount of the owner's application fee refunded for a successful mediation shall be proportional to the number of successfully resolved disputes. Further, if the matter is successfully mediated, the Zoning Administrator shall refund to any person who has filed a request for view assessment and with whom the owner has successfully mediated, the fee for filing the application for view assessment. If the matter is not successfully mediated, the conclusions of the mediator shall not be submitted to or considered by the View Assessment Committee. It is the intention of the Board of Aldermen that mediation be used to resolve view impairment issues whenever feasible. To that end the Zoning Administrator is authorized to keep a list of private mediators for reference. Any person who is qualified to act as a professional mediator and requests to be included on the list of mediators shall be included on the list. The cost of mediation shall be born by the parties according to the usual practices of the mediator. The City Board further finds that the refund of application fees to the person who successfully mediates disputes through private mediation serves the public interest by encouraging mediation and by reducing the staff time necessary to review and process applications.
D.
Notice. Except where the Zoning Administrator determines a project to be exempt from the permit requirement, the City shall mail written notice to all property owners and occupants within a three-hundred-foot radius of the subject site or the nearest twenty (20) property owners, whichever is greater, of the pending application notice and shall not be given until roof line "story" poles have been erected. Only one (1) notice (addressed to the homeowners' association) shall be required for all properties within a condominium subdivision. Notice shall be deemed given on the date of personal service of the notice or five (5) days from the date of mailing of the notice. The notice shall include all of the following:
1.
A brief description of the structure;
2.
A statement that the application and plans for the structure are available for public review in the Planning Department office;
3.
A statement that residents who believe that their views may be impaired by the structure are encouraged to contact the subject property owner directly to work out a mutually acceptable solution;
4.
A statement informing all property owners of their right to file an application for view assessment within thirty (30) days of the date of the notice; and
5.
If the owner has made an offer to submit the matter to mediation, the fact of that offer.
E.
Application For View Assessment. Any person who owns or has lawful possession of a structure from which a view may be impaired by the proposed structure, or the Zoning Administrator in the case of an impact to a public view, may, within thirty (30) days of the date of notice, file an application for view assessment. The application shall include a description of the "viewing area" as defined in this Article and the extent of impairment. An application processing fee in an amount established by Board of Aldermen resolution shall be paid at the time of submission of the application. If an application for view assessment is filed, all issues in dispute, including, if necessary, the determination of a viewing area, shall be resolved by the View Assessment Committee.
1.
The View Assessment Committee shall hold a public meeting not more than thirty (30) days after the last date for filing an application for view assessment. All applications for view assessment with respect to a proposed project shall be heard at the same hearing. Unless the applicant for the permit consents to a longer time period, the View Assessment Committee shall render its decision within thirty (30) days following the first meeting on the application. The decision of the View Assessment Committee shall be incorporated as a condition of the structure development permit and any other discretionary permits required for the proposed structure. Written notice of the View Assessment Committee's decision shall be sent to all parries who responded to the original notice.
2.
If no application for view assessment is filed within thirty (30) days of the original date of notice, all rights to review are waived and the Zoning Administrator shall grant the structure development permit unless a site development permit is required or the application does not comply with other applicable zoning or building laws.
F.
Findings. In making a decision on a matter for which view assessment has been requested, the View Assessment Committee shall be required to make the following findings:
1.
The person or persons requesting view assessment made a reasonable attempt to resolve the view impairment issues with the owner of the property on which the structure is proposed. Written evidence of a good faith voluntary offer or of a good faith voluntary acceptance of the owner's offer to submit the matter to mediation is hereby deemed to be a reasonable attempt to resolve the view impairment issues with the owner.
2.
The proposed structure does not significantly impair a view from public property (parks, major thoroughfares, walkways) which has been identified in the City's Comprehensive Plan or City-designated viewing areas.
3.
The structure is designed and situated in such a manner as to minimize impairment of views.
4.
There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by:
5.
The proposed structure is compatible with the immediate neighborhood character.
G.
Appeals. The decision of the View Assessment Committee may be appealed to the Board of Aldermen by the applicant or the persons who requested the arbitration according to the following provisions:
1.
A notice of appeal must be filed in writing with the Zoning Administrator within ten (10) days of the date of notice of the decision of the View Assessment Committee. The notice of appeal shall contain a statement of the grounds for the appeal. The Zoning Administrator shall mail the notice of appeal to all persons who submitted oral or written testimony to the View Assessment Committee at the hearing on the project. The appellant shall pay the cost of the mailing.
2.
At the time of filing a notice of appeal, an appeal fee to cover the cost of the appeal in an amount established by City Board resolution shall be paid to the extent that payment is required be the Board of Aldermen resolution establishing the fee.
3.
Within ten (10) days following the filing of a notice of appeal, the appellant shall file with the Zoning Administrator a statement on appeal which includes:
4.
Review By Board At Subsequent Meeting.
a.
At the next regularly scheduled Board of Aldermen meeting which is more than ten (10) days after the filing of the appellant's statement on appeal, the Board of Aldermen shall review the statement on appeal, the resolution adopted by the View Assessment Committee for the project and any report submitted by the Community Development Department concerning the appeal and determine if the appeal presents a substantial issue of potential error which requires Board of Aldermen review. A substantial issue of potential error may be found if, based on the statement on appeal and the other documents listed in this Section, that either:
b.
At the meeting at which the issue of whether a substantial issue of potential error is to be determined, only the appellant shall be allowed to make a presentation. If the Board of Aldermen determines that a substantial issue of potential error has not been shown, it shall by motion confirm the determination of the View Assessment Committee. If the Board of Aldermen determines that a substantial issue of potential error has been shown, the Board of Aldermen shall by motion order the setting of a public hearing on the appeal. The Zoning Administrator shall notify the appellant in writing of the Board of Aldermen's decision by mailed notice sent within five (5) days of the date of the decision. A decision that a substantial issue of potential error has not been shown is final.
5.
Public Hearing.
a.
If the Board of Aldermen makes a determination that the appeal presents a substantial issue of potential error, a public hearing on the appeal shall be held at the next regularly scheduled Board of Aldermen meeting which is more than twenty (20) days from the date of the determination. Notice of the hearing on appeal shall be mailed ten (10) days prior to the hearing to the appellant, to the owner, to all persons who requested view preservation review, and to all persons who appeared at the View Assessment Committee meeting or submitted comments for consideration by the View Assessment Committee. The determination of the Board of Aldermen on appeal shall be limited to a consideration of the following matters:
(1)
The issues submitted to the View Assessment Committee and identified in the notice of appeal;
(2)
The evidence presented to the Committee at the hearing on the matter and any additional evidence which the Board of Aldermen finds could not reasonably have been submitted to the View Assessment Committee;
(3)
The resolution of the View Assessment Committee;
(4)
A transcript of the hearing before the Committee if one (1) has been prepared by the appellant or other person and presented to the Board of Aldermen for its consideration;
(5)
Written statements by persons authorized to appear at the public hearing;
(6)
Oral presentations by persons appearing at the public hearing.
b.
The Board of Aldermen shall permit any person who appeared at the committee hearing or who submitted written comments to the Committee to be heard at the hearing on appeal and may permit any other person to be heard. The Board of Aldermen may exercise its independent judgment as to the matter but shall not overturn the decision of the Committee except on the affirmative vote of three (3) members of the Board of Aldermen. The decision of the Board of Aldermen is final.
Section 405.832 Exemptions.
Section 405.835 Use Of Story Poles.
[R.O. 1994 § 405.835; Ord. No. 94-8 Art. 11 § 7, 5-10-1994]
A.
Background. Story poles are used to show the elevations and silhouette of a proposed building or an addition to an existing building. Story poles are intended to aid neighbors, staff personnel and members of decision-making bodies in their evaluation of a proposed project.
B.
Use Of Story Poles. The City of Lake Ozark requires applicants to erect story poles upon submittal of an application. The accuracy of the structural outline established by the story poles shall be verified by a signed statement of a licensed surveyor on a story pole plot plan for new structures on a lot or by a licensed surveyor, architect, civil engineer or building designer for additions to existing structures. The applicant may request that the story pole requirement be waived if he/she feels there is no potential for view blockage. A site plan must be submitted to staff which indicates the following:
1.
A site plan showing the dimensioned location of the story poles in relation to lot lines and the proposed development, as well as the height of each pole.
2.
A signed statement by a licensed surveyor or a registered civil engineer stating that the location and height of the poles is true and accurate.
C.
Installation. Staff recommends that two-foot-by-four-foot lumber be utilized, in combination with wire or line, to show roof lines. The sketch (see Appendix B of this Chapter[1]) illustrates a typical story pole installation. Wooden posts are shown erected at all corners of the proposed addition and, at roof ridges, provide bracing as required. Wire or line is then strung between these posts to indicate locations and heights. Small pieces of brightly colored cloth are tied around the wire or line to facilitate accurate viewing of the proposed structure.
[1]
Editor's Note: Appendix B is included as an attachment to this Chapter.
Section 405.837 Required Plan Submittal Information.
[R.O. 1994 § 405.837; Ord. No. 94-8 Art. 11 § 8, 5-10-1994]
A.
Site plan (including the following information):
1.
Building footprint.
2.
Setbacks of existing and new structures as compared to legal required setbacks affecting building placement (e.g., front yard, rear yard, side yards, bluff, easements).
3.
Key indicating existing and proposed building walls.
4.
Existing and proposed building square footage by floor.
5.
North arrow.
6.
Scale (on all plans).
7.
Project address and assessor's parcel number.
8.
Lot size in acres or square feet.
9.
Name and telephone number of applicant and representative.
B.
Rough floor plans with new or remodeled areas clearly delineated.
C.
Elevations of all sides of structure with maximum heights delineated.
D.
Story pole location plan.
E.
A letter certifying story pole accuracy by a licensed surveyor.
Note: If an application for view assessment is filed, staff may request additional information. This information may include: cross sections, roof plans, grading plans, etc. |