[Ord. No. 1250 §1(101), 10-15-2002]
This Chapter shall be known and may be cited as the City of Branson West Zoning Regulations.
[Ord. No. 1250 §1(102), 10-15-2002]
This Chapter is adopted pursuant to the authority contained in Sections 89.010 to 89.480, RSMo.
The regulations contained in this Chapter are adopted for the following purposes:
To protect and provide for the public health, safety, and general welfare of the City of Branson West.
To provide for adequate light, air, open spaces, and to protect from flooding and other dangers.
To provide for adequate transportation and circulation throughout the City of Branson West and to ensure the provision of adequate public infrastructure and improvements to serve the population.
To prevent the pollution of water resources and to ensure the adequacy of drainage facilities.
To encourage the orderly and beneficial development of the City of Branson West and to promote good planning and land development practice.
To preserve and protect the value of land and buildings and to promote the efficient expenditure of public financial resources.
[Ord. No. 1250 §1(103), 10-15-2002; Ord. No. 75-2009 §1(103), 7-14-2009]
This Chapter shall apply to all land, buildings, structures, and uses within the corporate boundaries of the City of Branson West, Missouri.
The preceding Subsection (A) shall not apply to the land, buildings and structures owned by the City of Branson West that is encompassed by the Airport Layout Plan for the Branson West Municipal Airport, as approved and from time to time amended by the City of Branson West and the Federal Aviation Administration. The Board of Aldermen retains the right to determine by resolution on a case-by-case basis which buildings or other structures on City property must comply with the City's building codes.
[Ord. No. 1250 §1(104), 10-15-2002]
This Chapter shall be in full force and effect from and after passage, October 15, 2002.
[Ord. No. 1250 §1(105), 10-15-2002]
The provisions of this Chapter shall be considered to be the minimum requirements for the protection of the public health, safety, morals and general welfare. Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than conditions imposed by any other provision of this Chapter or other applicable law, ordinance, rule or regulation, the regulations which are more restrictive and which impose a higher standard shall govern.
The provisions of this Chapter are separable. If any Section, sentence, clause or phrase of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property or structure, such judgment shall not affect the application of said provision to any other property or structure.
[Ord. No. 1250 §1(106), 10-15-2002]
Application To Existing Buildings, Structures And Uses. Any building, structure or use that does not conform to the regulations and restrictions of this Chapter, but which was lawful and conforming when established or constructed, may be continued subject to the limitations of Article VII, Non-Conforming Lots, Buildings and Uses.
New Structures. All structures built hereafter shall conform with all applicable regulations herein. Any structure moved from one site to another site shall be considered to be a structure built hereafter.
New Uses Of Old Structures. If a use of any structure is hereafter changed to another use, then the new use must be in conformance with the use regulations of the zoning district in which the structure is located, unless otherwise exempted by other provisions of this Chapter.
Application To Open/Undeveloped Land. If any use of open land is established or if any use of open land is changed to another use after the effective date of this Chapter, October 15, 2002, then the new use shall comply with all the regulations of this Chapter.
Conditional Uses. No use of a building, structure or land designated as a conditional use shall be established after the effective date of this Chapter, October 15, 2002, unless a conditional use permit has been granted in accordance with the provisions of Article III, Administration and Review.
Off-Street Parking And Loading. No building shall be erected, converted, enlarged, structurally altered or moved, except in conformity with the off-street parking and loading regulations of the district in which such building is located.
Number Of Structures On Lots. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot except as specifically provided hereinafter.
Setbacks. Not withstanding any other provision of this Chapter:
No structure, structural element, balcony, porch, or roof shall encroach upon or overhang any required yard setback on any lot. No existing structure, balcony, porch or other structural element shall be expanded or enlarged so as to conflict or further conflict with the lot setback requirements of the district in which it is located.
In no event shall a structure be erected closer to the edge of a street right-of-way than as follows:
|Street Classification||Required Setback From Edge of Right-of-Way|
|Highway and arterial||40 feet|
|Local residential||25 feet|
Temporary Structures And Uses. Temporary structures and uses are permitted in accordance with use regulations of the zoning district in which the use is located, and in conformity with the requirements of Article VI, Supplemental Use Regulations.
Signs. No sign shall be erected, expanded or remodeled except in conformance with the provisions of Article X, Signs.
Newly Annexed Territory.
Zoning classification. Any territory which may be annexed to the City of Branson West after the effective date of this Chapter shall maintain the zoning classification of Stone County until the Board of Aldermen has the opportunity to classify the territory in accordance with the provisions of this Chapter after its annexation.
Permits. The owner, lessee, or any other person, firm or corporation owning, controlling, constructing, or directing the construction of any building, structure or improvement which is incomplete at the time the land upon which it is situated is annexed to the City of Branson West may proceed with the construction, alteration or completion thereof without obtaining a building permit from the City of Branson West provided that all permits required from Stone County were legally obtained and all requirements of the permits have been met. If construction has not commenced prior to annexation, all permits required by the City of Branson West must be obtained prior to commencement of construction.
[Ord. No. 1250 §1(107), 10-15-2002]
Fees to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for zoning amendments, permits, appeals and variances. A list of all established fees related to the requirements of this Chapter is available at the Branson West City Hall.
Unless otherwise specified in subsequent Sections of this Chapter, fees established in accordance with Subsection (A) of this Section shall be paid upon submission of a signed application by the applicant, by the petitioner, or by the party submitting a notice of appeal.