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Aldermen rezone 1014–1018 S. Third St. to C-2 after compliance questions about recent roof work

3717383 · April 29, 2025
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Summary

Ozark City aldermen approved a rezoning that moves a 6.7-acre property on South Third Street from C-4 to C-2 to resolve code compliance issues related to recent exterior work; a nearby resident raised stormwater concerns and the property owner said he will reinstall guttering.

Ozark City aldermen approved Zoning Amendment 25-00003 to rezone property at 1014–1018 South Third Street from C-4 (Central Business District) to C-2 (General Commercial District), a change staff said will resolve recent nonconforming exterior work and allow the owner to complete permitted repairs.

Planning staff told the board the property, about 6.7 acres on the east side of Third Street and currently occupied by small businesses including a chiropractor and a tattoo parlor, is actively used for retail and office functions that would continue under the proposed C-2 zoning. The staff presentation noted the property had been modified without matching C-4 material standards and that rezoning to C-2 would bring the building into compliance with the city code so the owner could complete permitted work.

A resident who lives directly behind the property, Brad Nichols, said runoff to his backyard has increased in the past year and asked whether the amendment would trigger a stormwater review. Planning staff replied that the zoning amendment alone does not trigger a new stormwater analysis or detention requirements; such studies would be required only if redevelopment or changes to impervious cover occurred. Owner Charlie Gentile said guttering was temporarily removed during repairs and that new gutters would be reinstalled. “I didn’t really get a permit, but I didn’t know that I couldn’t put a metal roof on,” Gentile said, describing how the current situation arose; staff explained the metal roof material is not allowed in C-4 but would be permitted in C-2.

Staff explained other practical differences between the districts: the C-2 district requires parking calculations for new or redeveloped floor area while C-4 does not, and redevelopment would trigger buffer yards, stormwater controls and updated design standards. Staff said the property will remain nonconforming under some provisions until redevelopment occurs, but rezoning will allow the owner to obtain the building permit needed to finish exterior work.

During public comment and questioning aldermen asked about permits and the timing of the changes. Planning staff said the owner later obtained the necessary permit to finish work after being notified of noncompliance; staff also noted that sign and roofing materials were among the compliance issues the rezoning resolves. Aldermen voted in favor by roll call; those recorded voting aye included Kylie Goldberg, Trevor Branch, Adam Brown, Pete Renfro, Suzanne Daniel, Kayla Berger, Chad Zickefoose and Jeff Garrison.

The board’s approval resolves a code compliance pathway for the property owner but does not waive requirements for stormwater, parking or design standards if the site is redeveloped. Staff said the city will require those evaluations at the appropriate permit or redevelopment stage.