I must say that I am late to the planning and zoning fight here in Camden County.  I am trying to learn though, and for those of you interested in understanding what is going on I will keep you posted on my findings as I do my own research into an understanding as to why so many people I have such a deep regard for are up at arms over what is happening in our own backyards. 

 

I know that many lake front owners who are not voters will be interested in the happenings of the lake as it pertains to them.  Agree or disagree with my deductions, everyone NEEDS to know what is going on here at our beautiful Lake of the Ozarks.

 After countless hours of reading, and attending several meetings I am starting to understand EXACTLY why our neighbors and friends are so upset.  I am ashamed that I did not get involved sooner in trying to educate myself.  So, if you would like to learn as I learn…then, read on.  We shall be alarmed together at my findings. 

 

AND PLEASE REMEMBER:  Take my word for NOTHING!  Use my research to conduct your own.  Find truth for yourself, never take anything at face value any more.  And, when you hear claims from officials that there is lots of “misinformation” spreading, then sound all warning bells.  That is a dead giveaway that you are on the right track.  Knowledge is power.  An informed electorate is powerful.  Choose to know truth.

 My words are in red below.

 History:  Planning and Zoning was voted into existence in 1997 in Camden County.  The margin of victory was very small.  Somewhere around 40 votes decided this ballot initiative in our county as I understand it.  Many say that the vote was not legal because multitudes of people voted on this issue who were not “qualified” to vote since they would not fall within the Planning and Zoning district, and therefore would not be subject to the regulations that would later be set forth. 

 None-the-less, albeit the validity still in question, P & Z was voted in favor of, and a few years later a “Unified Land Use Code” was adopted.  THIS PARTICULAR PLAN WAS NOT APPROVED BY THE VOTERS!  This plan was plucked from Franklin County, Missouri and overlaid here.  Needless to say it has not been the popular choice for many since we are such a diverse and unique area.  Many believe that we need a code that addresses our very diversity and is custom fit for us.  That is not what the Unified Land Use Code currently in place does.  I will illustrate the concerns as I research this fully.

 Taken from this site:

http://www.camdenmo.org/planning_zoning/ulc/Articles%20100-1400/Article%20100.pdf

 (camdenmo.org is Camden County's official website)

CAMDEN COUNTY UNIFIED LAND-USE CODE

ARTICLE 100: GENERAL PROVISIONS

SECTION 102 - PURPOSE AND NECESSITY :

The purpose of this Code is to promote and protect public health, safety, morals, and/or general welfare, through the regulation of the use of land and the location, use, size, height, and shape of buildings and structures erected thereon, having due regard to:

Many thought Planning and Zoning was established to keep developers to a higher standard and quality of construction.  That is a misconception.  According to our Land Use Code, the “PURPOSE AND NECESSITY for the code is for the local government to decide for you  how to promote “morals”….really?  Who decides what my morals should look like?  The county.  MORALS?  Through regulation and penalty of the use of my land someone gets to decide what my morals should be?  That is exactly what it says.  And to “promote the public health, safety, MORALS, and general welfare through regulation of the use of land….I did NOT make this up.  This is not “misinformation”.  This is exactly what the code reads. And if you think safety can be an ambiguous term, it is.  And what EXACTLY does “general welfare” imply?   

**Encouraging the most appropriate use of land. According to whom?  Who gets to decide what the “most appropriate use of your land is?  NOT YOU.  That is for sure.

**Preventing the overcrowding of land. What and who constitutes “overcrowding”? Are two human beings too much on 25 acres if there is an over abundance of wildlife there?  Well, you and I may not think so, but we don't think like the enviornomental types who forget that this land is our habitat also.  Somehow that always conveniently is forgotten.  Humans should always be part of the consideration, but largely we are the last component considered in the equation.  I would agree that when it comes to the density of condos on the lake front, there is a concern there.   But, to me, this leaves the door WIDE open for someone to interpret what “overcrowding” means for us in this rural setting. Concerning because this is very ambiguous.

**Conserving the value of land and structures.  So, through regulation of your land someone else (the county) will “conserve the value of land and structures” for you.  Apparently through regulation  the county can decide how to “conserve" the value of your land.  That does not sound like the free market to me.  They will protect your value so you don’t have to since you may not be capable. Through the regulations in the code the P and Z will make sure to protect you from yourself.

  **Lessening the congestion of traffic on the roads.  Lessening the congestion of traffic on the roads sounds great at face value.  I hate traffic, thus the reason I choose to live here.  However, this great intention could become dangerous if done through the regulation of YOUR land to the point of your great displeasure at some point in the future.  So, if you have a piece of land that you have held for investment for some time that you have always planned to sell or develop as part of your retirement; and the county decides that your development may cause too much traffic while their goal is to lessen traffic on the roads, you may be out of luck.   I bet the business owners on old highway 54 (what is now Osage Beach Parkway) wish for a little "congestion" on the roads.  Too many businesses to count have closed their doors due to the lack of  "congestion of traffic" there.  Not saying that our P and Z, or our Master Plan had anything to do with this problem.  However, sometimes a little "congestion of traffic" can provide great benefits to businesses who depend on that exposure to help support our local tax base, and their survival.  It should concern us all that unnamed and faceless entities that have not been elected to protect and serve you are  regulating land use in order to promote the morals and welfare of all.  You ask, but whose morals and whose welfare?  GREAT QUESTION. 

**Avoiding the congestion of population. WHAT?  Congestion of the population?  At the Lake of the Ozarks?  In the middle of Missouri?  What constitutes congestion?  GREAT QUESTION.  Does "congestion" here look the same as "congestion" in St. Louis?  GREAT QUESTION.

**Providing for adequate light and air.  SERIOUSLY?  Are you dying to know what that means?  If we were in New York City, then this might make more sense, but what in the world could this possibly mean to us here?  Provide for adequate light and air?  Does not God do that?  Is there a plan to herd us all into wooden boxes for the better part of the day?  And it has to be mandated in order to promote the safety and welfare of the population for them to provide adequate light and air.  I know…sounds like sci-fi stuff to me, too.  But when you read something so ridiculous in our land use code, your mind runs wild.  But, what does it mean to us?  GREAT QUESTION.  It means that we may have adopted a Unified Land Use Code for our area that was meant for a more urban setting that does not fit us.  That is the best explanation to me.  But that is just me.

**Securing safety from fire, flood, and other dangers.  Thank you very much.  Who does not want to keep their family safe from all of these things.  I know I sure do.  But when the flip side to protecting me from these things and “other dangers” mean infringing upon my personal freedom and my private property by regulating me into oblivion, then this quickly becomes a VERY BAD IDEA.  Is the county trying to protect me from myself?  Am I or you that “other danger”.  Once again, too ambiguous for my liking.

**Facilitating adequate provision of infrastructure and public facilities.  Adequate provision…..who decides?  What does that look like to us in a more rural area? GREAT QUESTION.

**Giving reasonable consideration to the existing character and peculiar suitability for certain uses in particular districts.  Give “REASONABLE CONSIDERATION”….by whose standards?  Who decides what is reasonable?  GREAT QUESTION.

**Giving effect to the policies and proposals of the Master Plan as approved by the Planning Commission.

You may have gotten “truth” from the county in some ways, but just know there is MUCH more to the story.  The whole truth looks a lot different than a half truth.  Understand that the ambiguity of the “CODE” is very unsettling.  The enforcement of not following the code is jail time for up to a year, and $500 per day.  AND every day your offense is not resolved, each new day constitutes a new offense.  Therefore, it appears you could be incarcerated for much more than a year.   As well, you can have your property liened for not following the ambiguous codes, and at the end of the year if you cannot pay your mounting fines the county can auction your house on the court house steps. 

An unelected P and Z board, and an unelected P and Z administrator have the authority through the code to come after you at their discretion, based on how they interpret the very ambiguous code.  Right now the fight and the awaited vote is as to how much weight they will grant the enforcement arm of the code.  Below is how the administrator of the P and Z, Don Hathaway, feels about his ability to “guarantee collection of fines”.  If he has his way, it will cost you your property if the fines become too steep to pay.  If you cannot pay the fines, you will lose your property on the court house steps according to Mr. Hathaway.

http://lakeexpo.com/news/lake_news/article_e5393840-49bd-11e2-9040-001a4bcf887a.html

“Hathaway, who drafted the proposed changes after reviewing existing statutes, court cases, information provided by attorneys and codes adopted by other cities and counties, said the commission will also be considering additional steps to guarantee collection of those fines.


“The Planning Commission will be looking at adding a provision that would allow the county to assess costs to the tax bill, the same way we handle storm water management,” he said. “That means the fees would have to be paid at the end of the year or the business would be in default. What happens when people default on their taxes? Their properties can be sold on the courthouse steps.”

Where is the due process guaranteed to us by our Constitution?  Do not sit idle and allow for this to happen in our county. Show up and say NO WAY. Make your voices heard.  Do not allow our county become like Washington DC, where unelected entities like the EPA and FERC govern our lives.  Do not allow for that to happen at the county level.  DEMAND DUE PROCESS OF THE LAW. 

“Man is not free unless government is limited.” -- Ronald Reagan

“The most terrifying words in the English language are: I'm from the government and I'm here to help.” -- Ronald Reagan

This applies to us. 

BE HEARD.  Be educated.  Know the truth. 

 

Show up to the next Planning and Zoning meeting on January 16th at 5:30 pm.  Camden County Courthouse.

 

Stay tuned.  I will continue to read and pass on information on this site as to why the residents of Camden County need to REALLY understand the implications of the Unified Land Use Code.