P&Z Public Meeting Packet

TA N EY M m T aney C ounty P lanning C om m ission
^ F counT y
P. O. Box 383 a Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: wrvw.taneycounty.orfl

AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, SEPTEMBER 11, 2017 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Establishment o f Quorum
Explanation o f M eeting Procedures
Presentation o f Exhibits

Public Hearing:
Amendments to Appendix E, Special Use section o f the Taney County Guidance Code

Review and Action
Approve Amendments to send to the County Commission fo r approval and adoption

Old and New Business:

Adjournm ent

Copies of this notice may be obtained by contacting the Planning Office at the above address and phone number.

Posted: 09/06/2017 By: MP Time: 10:00 am
Posted At: 132 David St. entrance to the Taney County Courthouse bulletin board, outside the County Commission meeting
room at the Taney County Courthouse and the office of Planning and Zoning.
 Special-Use Draft Amendments to the Taney County
Development Guidance Code
September 11, 2017

APPENDIX E
Special-Use Permits
1. GENERAL PROVISIONS
Special-Use permits are a subset of the Division III permit process. The Planning Commission is
authorized to decide whether Special-Use permits shall be granted subject to the general and specific
standards contained in these regulations; to grant Special-Use permits with such conditions or restrictions
as appropriate to protect the public interest and to secure compliance with these regulations, and to deny
requests which fail to satisfy the standards and requirements contained herein and which are not in
harmony with the purposes and interest of these regulations and the health, safety, and welfare of the
community. In no event shall a Special-Use permit be granted where the proposed use is not authorized
by the terms of these regulations or where the standards of this section are not found to exist.
Prior to the granting of any Special-Use permit, the Planning Commission may stipulate such conditions
and restrictions upon the establishment, location, construction, maintenance and operation of the permit
as is deemed. In all cases in which a Special-Use permit is granted, the Planning Commission may
require such evidence and guarantees as may be deemed necessary to ensure full compliance with
stated conditions. In the case of a Special-Use permit that involves completion of work based on a
Technical Plan (i.e., Land Disturbance, Re-vegetation, Stormwater, Sediment and Erosion Control), the
guarantee of completion can be in the form of a Performance Guarantee.
2. PROCEDURES
The process of application and hearing for a Special-Use permit shall be the same process as used for
any other Division III permit and if granted, it shall result in the issuance of a Division III permit.
2.1. Applicants for a Special-Use permit shall submit, at a minimum, the following:
(a) application form - properly completed and signed by the property owner
(b) proof of property ownership
(c) sketch plan
(d) full legal description of the boundaries of the proposed development or request
(e) description of the requested project in the applicant's words
(f) all other information submittals as required by the Planning Commission or Planning & Zoning
(g) paid Taney County property tax receipt
Administrator
2.2. Once the Special-Use permit is issued, as a Division III permit (Appendix D), all land disturbance and
construction, as applicable, must be permitted separately (as Division I and/or II permits) prior to any work
taking place. Land Disturbance permits shall be required for any land grading operations that exceed one
(1) acre in area and shall meet all standards specified in Appendix F. Construction of buildings or
structures shall be permitted by either a Division I (Appendix B) or Division II (Appendix C) permit as the
situation dictates.
2.3. Prior to any Special-Use permit being granted, the Planning Commission shall consider that
adequate provisions have been made for the following:
(a) the location and size of the proposed use in relation to the site and to adjacent sites and uses of
property, and the nature and degree of the proposed operation
(b) accessibility of the property to police, fire, refuse collection, and other public services; adequacy of
ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking
and loading areas
(c) utilities and services, including water, sewer, drainage, gas, and electricity, with particular reference to
location, availability, capacity and compatibility

Special-Use Amendments - Draft to the Taney County Development Guidance Code - September 11, 2017 Page
(d) the location, nature, and height of structures, walls, fences, and other improvements; their relation to
adjacent property and uses; and the need for buffering or screening
(e) the adequacy of required yard and open space requirements and sign provisions
(f) the general compatibility with adjacent properties, other properties in the district, and the genera!
safety, health, comfort and general welfare of the community; and with the standards for development in
these regulations
3. GENERAL CONDITIONS FOR SPECIAL-USE PERMITS
The Planning Commission can, at their discretion and with any degree of stipulations (as noted above),
grant a Special-Use permit for most any application that does not meet the requirements for a Division I,
II, or III permit. The following stipulations shall apply to all Special-Use permits:
3.1. The permit is specific to the applicant to whom the permit is issued and, as applicable, is specific to
an approved development plan and cannot be transferred without Planning Commission approval.
3.2. The permit does not constitute a land-use change and is not, therefore, tied to the property; th a t is, it
does not transfer as part of property sale or ownership change.
3.3. The property where a Special-Use permit is granted shall not be used to establish commercial
compatibility for or with any future land-use change applications (Division III).
3.4. If the conditions and restrictions of a Special-Use permit are not complied with, the permit can be
revoked by administrative decision. If the permit has been revoked, it can be re-instated only by the
Planning Commission through the Division III process.
3.5. If the Special-Use permit is not executed within a one-year period from the date of the approval or is
discontinued for a period of one year or greater, it shall be considered abandoned and no longer
executable.
4. SPECIFIC CONDITIONS FOR PARTICULAR SPECIAL-USES
The following are pre-determined applications where a Special-Use permit is required. However, this list
shall not be considered all-inclusive.

Definition V
Nightly Rental
A residential building, structure or part thereof that may be rented for any period of time less than thirty
(30) calendar days, counting portions of days as full days. The term - Nightly Rental shall not include
hotel, motel or bed and breakfast establishments.

4.7. Nightly Rental

A residential building, structure or part thereof that may be rented for any period of time less than
thirty (30) calendar days, counting portions of days as full days. The term —Nightly rental shall
not include hotel, motel, or bed and breakfast establishments. Nightly Rentals in a residential
area have the potential to be incompatible with the surrounding residential uses. Therefore,
special regulation of Nightly Rentals is necessary to ensure that their use will be compatible with
surrounding residential uses and will not materially alter the neighborhoods in which they are
located.

4.7.1. Occupancy
The maximum occupancy for a Nightly Rental shall be two (2) persons per dwelling unit,
plus two (2) persons per bedroom (e.g., a two (2) bedroom dwelling unit is permitted a
maximum occupancy of six (6) persons). The maximum occupancy may be further
limited based upon the capacity of the wastewater treatment system serving the Nightly
Rental, off-street parking requirements and local fire district occupancy limits. Please
note that the term person for the purpose of establishing occupancy is defined as an
individual at least four (4) years of age. Please note that the term bedroom as used in
reference to nightly rental is defined as a room utilized primarily for sleeping that shall
have a floor area of not less than 70 square feet, shall not be less than 7 feet in any
horizontal direction and shall contain at a minimum a door, a window and a closet.

Special-Use Amendments - Draft to the Taney County Development Guidance Code - September 11, 2017 Page:
 4.7.2. Parking
One (1) off-street parking space shall be provided for each two (2) persons of occupancy
in a Nightly Rental. Nightly rental occupant vehicles are to be parked on the residence
property or in an overflow parking area, if available, and not on a roadway. Inability to
provide the required off-street parking will reduce the permitted occupancy. A site plan
shall be submitted with an application fora Nightly Rental Special-Use Permit which
identifies the location of the required off-street parking.

4.7.3. Solid Waste Disposal
The management company or a waste collection provider shall provide weekly solid
waste collection during all months that the Nightly Rental is available for rent.

4.7.4. Lighting
Outdoor lighting shall be downward lit, subdued and have minimal off-site impacts to
adjoining properties.

4.7.5. Safety
All Nightly Rentals shall contain a minimum of one operable fire extinguisher, operable
smoke alarms and operable carbon monoxide alarms in compliance with the local fire
district regulations, where applicable.

4.7.6. Certificate of Compliance
A Certificate of Compliance (C of C) must be issued for each Nightly Rental Special-Use
permit certifying that the structure or use is in compliance with all applicable Taney
County Development Guidance Code provisions, including but not limited to compliance
with the local Taney County Fire District and all other Planning Commission requirements
of the recorded Decision of Record.
Before issuing a (C of C) for each Nightly Rental Special-tJse permit all requirements in
the Decision of Record must be completed. If the permit is required due to a Notice of
Violation of no Special-Use permit in place or to bring a current Nightly Rental into
compliance voluntarily, the applicant has 120 days from the date of the approval to have
the C of C in place or the continued nightly rental shall cease until the C of C is issued. If
the Speciai-Use permit is for a new nightly rental the C of C must be issued before any
nightly rental can begin.

4.7.7. Missouri Department of Revenue Compliance
A valid Missouri Department of Revenue Sales Tax License or sales tax id number shall
be provided to the Planning Department prior to the issuance of a Certificate of
Compliance.

4.7.8. Permit Posting
The Nightly Rental Special-Use Permit shall be posted within five (5) feet of the main
entrance of each dwelling unit, both on the inside and on the outside of the dwelling unit,
and contain the following information:
(a) The name and telephone number of the Local Representative.
(b) The name and address of the Owner.
(c) The contact information for the Planning Department and Sheriff’s Department office
in Taney County.
(d) The maximum occupancy permitted.
(e) The name and telephone number of all local emergency personnel (police, fire and
medical personnel).
(f) The number of off-street parking spaces provided on the property, and the maximum
number of nightly rental occupants vehicles allowed to be parked on the property.

Special-Use Amendments - Draft to the Taney County Development Guidance Code - September 11, 2017 Page
 (g) The solid waste disposal collection day if provided by a solid waste company.

4.7.9. Ownership
A Nightly Rental Special-Use Permit is issued to a specific “Owner” of a property. I f the
property changes ownership then the Special-Use Permit shall immediately expire.

4.7.10. Local 24-Hour Representative
The Owner of the property shall designate a “Local Representative”. The Local
Representative shall be available on a twenty-four (24) hour basis, seven days per -week.
The Local Representative may be the owner, a property management company
representative, agent, designee or other person employed, authorize or engaged b y the
owner to manage, rent or supervise the Nightly Rental. The Local Representative shall
maintain a residence or permanent place of business within either Taney County o r the
Counties adjoining Taney County and shall be available on a twenty-four (24) hour basis,
seven (7) days per week.

(a) Change Local Representative
The Local Representative may be changed by the Owner from time to time
throughout the term of the permit, by the Owner filing a revised permit application that
includes the name, address and telephone number of the new Local Representative.
Failure to notify the County of a change in the Local Representative constitutes a
Violation pursuant to Section 3.10 and may also lead to the revocation of the Special-
Use Permit.

(b) Complaints
The Local Representative must be authorized by the Owner to respond to questions
or concerns from the occupants or neighbors. The Local Representative shall serve
as the initial contact person if there are questions or complaints regarding the
operation of the property as a Nightly Rental. The Local Representative must
respond to those complaints in a timely manner to ensure that the use of the property
complies with the standards for Nightly Rental occupancy, as well as other pertinent
County code requirements pertaining to noise, disturbances, or nuisances, as well as
State law pertaining to the consumption of alcohol, or the use of illegal drugs.

(c) Availability
If the Taney County Sheriffs Department is not able to contact the Local
Representative in a timely manner twice during a twelve month period, this shall be
considered a Violation pursuant to Section 3.10 and may also lead to revocation of
the Special-Use Permit.

4.7.11. Required Buffering
A buffer may be required between any structure utilized for nightly rental and any existing
residential land use, meeting the requirements of Appendix H, Section 6 (Technical
Plans).

4.7.12. Additional Conditions
The Taney County Planning Commission may, at their discretion, impose additional
conditions or stipulations that it deems necessary.

4.7.13. Compliance
Compliance with the terms and conditions set forth herein shall be the non-delegable
responsibility of the owner of the Nightly Rental; and each owner of a Nightly Rental shall
be strictly liable for complying with the conditions set forth in this Section or imposed by
Taney County. The Owner shall comply with all applicable County, State and Federal
Regulations.

Special-Use Amendments - Draft to the Taney County Development Guidance Code - September 11, 2017 Page -
 4.7.14. Nightly Rentals To Obtain a Special-Use Permit
The nightly rental of all residential structures, not approved for nightly rental with a
Division III major development permit, shall require the issuance of a Special-Use Permit.

4.7.15. Revocation
The Planning Department is hereby authorized to revoke any Nightly Rental Special-Use
Permit issued under the terms of this Section, if, after due investigation, it determines that
the holder thereof has repeatedly violated any provisions ofthis Section or that any facility
is being maintained in an unsanitary or unsafe manner, or is a nuisance.

4.7.16. Limitation of Liability
Taney County assumes no responsibility for the operation of the site and Owner
covenants and agrees to hold Taney County harmless for any injury or damage which
may occur, of whatever type or nature, as the result of the operation of the Nightly Rental.
Owner shall maintain appropriate liability insurance for the Nightly Rental. Owner fu rther
warrants and agrees to compensate Taney County for any expense incurred in the
defense of any lawsuit or other type of action which may be brought against said County
as a result of said Owner’s operation of this use.

Special-Use Amendments - Draft to the Taney County Development Guidance Code - September 11, 2017 Page!