[Ord. No. 1250 §1(501), 10-15-2002; Ord. No. 4-2019, 8-13-2019; Ord. No. 01-2023, 2-14-2023]
A. 
Permitted Uses. The Agricultural District is intended to provide for the operation of agricultural and related uses in areas where residential and other non-farm development is not imminent. The following uses are permitted in the "A-1" District:
1. 
Agricultural uses as defined in Section 400.090, provided that any building or enclosure in which farm animals or fowl are kept shall be a distance not less than two hundred (200) feet from any dwelling other than a farm dwelling, and from any lot in any residential district.
2. 
Single-family detached dwelling on a lot with an area of at least three (3) acres.
3. 
Single-family detached modular dwelling on a lot with an area of at least three (3) acres.
4. 
Single-family dwellings existing at the time the district is mapped.
5. 
Truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale sale is conducted on the premises.
6. 
Kennels, stables and dairies, provided that any building or enclosure in which animals are kept shall be a distance of not less than two hundred (200) feet from any residential district.
7. 
Home occupations as permitted pursuant to Article VI, Supplemental Use Regulations.
8. 
Public utilities and buildings, transportation, pipeline, and utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
9. 
Accessory uses customary to and incidental to permitted agricultural uses, and including roadside stands offering for sale only agricultural products produced on the premises.
10. 
Accessory uses customary to and incidental to permitted non-agricultural uses in accordance with the provisions of Article VI, Supplemental Use Regulations.
11. 
Temporary uses in accordance with Article VI, Supplemental Use Regulations.
12. 
Type I and II wireless facilities in accordance with the provisions of Article VI, Section 400.490.
13. 
Public utility water reservoirs, water standpipes, and elevated and ground level storage tanks.
14. 
Family day care homes.
15. 
Marijuana cultivation facility, which cultivates marijuana outside, inside a completely enclosed facility, greenhouses or combination of these.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Other towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI, Section 400.490.
2. 
Cemeteries, adjacent to or in extension of existing cemeteries, provided that any new cemetery shall be located on a tract of not less than ten (10) acres.
3. 
Group day care homes.
C. 
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
Agricultural uses
20 acres
All other uses
3 acres
Minimum Lot Width
150 feet
Maximum Structure Height
Primary structure
45 feet
Accessory structure
25 feet
Minimum Yard Requirements
Front yard setback
25 feet
Rear yard setback
25 feet
Side yard setback
20 feet
Maximum building coverage
(including accessory structures)
40 percent
D. 
Land Subdivision. Divisions of land in the "A-1" Agricultural District may be made only under the minor subdivision provisions of the Branson West Subdivision Regulations.
E. 
Parking Requirements. Off-street parking and vehicular use areas for non-agricultural uses shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
[Ord. No. 1250 §1(502), 10-15-2002]
A. 
Permitted Uses. The "R-1" Single-Family Residence District is intended primarily for single-family detached dwellings at maximum densities of five (5) dwelling units per acre. Other uses necessary to meet educational, governmental, religious, recreation and other neighborhood needs are permitted or allowed as conditional uses subject to restrictions intended to preserve the residential character of the district. The following uses are permitted in the "R-1" District:
1. 
Single-family detached dwellings, one (1) dwelling per lot.
2. 
Single-family detached modular dwellings, one (1) dwelling per lot.
3. 
Residential group homes.
4. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with developmental disabilities or handicaps, on a minimum of five (5) acres of land.
5. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding temporary revivals, rescue missions and overnight shelters, that meet the following requirements:
a. 
Frontage on and primary access to an arterial or higher classification street;
b. 
Located on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
6. 
Publicly owned or operated parks, playgrounds, recreation facilities, golf courses, and community buildings, all of a non-commercial nature.
7. 
Home occupations as permitted pursuant to Article VI, Supplemental Use Regulations.
8. 
Family day care homes.
9. 
Government buildings of a cultural, service or administrative type, not including repair garages or yards, storage yards or warehouses, provided that any such building shall be located not less than twenty-five (25) feet from any other lot in any residential district.
10. 
Public utilities and buildings, transportation, pipeline, and utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
11. 
Accessory uses in accordance with Article VI, Supplemental Use Regulations.
12. 
Temporary uses as permitted in Article VI, Supplemental Use Regulations.
13. 
Type I and II wireless facilities in accordance with the provisions of Article VI, Section 400.490.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Museums, public art galleries and libraries on a minimum two (2) acres of land.
2. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions, without frontage on a highway or arterial street. Such uses shall be located on a minimum of two (2) acres of land to provide sufficient area for off-street parking, bufferyards and proper site design to lessen impact on adjacent residential areas. Churches and other places of worship on less than two (2) acres of land at the time of adoption of this Chapter shall be considered conforming uses.
3. 
Non-commercial, not-for-profit neighborhood facilities, including indoor and outdoor recreation facilities, operated by a neighborhood or community organization or a property owners association.
4. 
Cemeteries on a minimum of ten (10) acres of land.
5. 
Country clubs, golf courses, and other private non-commercial recreation areas and facilities, but excluding miniature golf courses or driving ranges. Any principal building or accessory use shall be located not less than one hundred (100) feet from any other lot in any residential district.
6. 
Type III, IV, and V wireless telecommunication towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI, Section 400.490.
C. 
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
9,500 square feet
Minimum Lot Width
80 feet
Minimum Lot Depth
100 feet
Maximum Structure Height
Principal structure
35 feet
Accessory structure
16 fee
Minimum Yard Requirements
Front yard
25 feet
Rear yard
15 feet
Side yard
15 feet, except that on corner lots, side yard setback shall be 20 feet on the side next to a street
Maximum Building Coverage
(including accessory structures)
40 percent
Minimum Open Space
Not less than 30% of total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
D. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses except single-family detached dwellings.
2. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article VIII, Landscaping, Screening and Buffering Requirements, shall be submitted and approved for all non-residential uses.
3. 
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to any non-residential use shall be screened from public view.
5. 
Off-street parking and vehicular use areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
[Ord. No. 1250 §1(503), 10-15-2002]
A. 
Permitted Uses. The "R-2" Two-Family Residence District is intended to accommodate a variety of single-family and two-family housing types at moderate densities of up to approximately six (6) dwelling units per acre. The district is also intended to serve as a transition between the less intense "R-1" Single-Family District and the "R-3" Multi-Family Residence District. The following uses are permitted in the "R-2" District:
1. 
Single-family detached dwellings, one (1) dwelling per lot.
2. 
Single-family semi-detached dwellings, such as patio homes, one (1) dwelling per lot.
3. 
Single-family detached modular dwellings, one (1) dwelling per lot.
4. 
Two-family dwellings.
5. 
Family day care homes.
6. 
Residential group homes.
7. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with developmental disabilities or handicaps, on a minimum of five (5) acres of land.
8. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions and overnight shelters, that meet the following requirements: frontage on and primary access to an arterial or higher classification street, and on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
9. 
Publicly owned or operated parks, playgrounds and community buildings.
10. 
Home occupations in accordance with Article VI, Supplemental Use Regulations.
11. 
Police and fire stations.
12. 
Public utilities and pipelines, utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
13. 
Public water reservoirs, water standpipes, and elevated and ground level water storage tanks.
14. 
Accessory uses in accordance with Article VI, Supplemental Use Regulations.
15. 
Temporary uses in accordance with Article VI, Supplemental Use Regulations.
16. 
Type I and II wireless telecommunications facilities in accordance with the provisions of Article VI, Section 400.490.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Public museums, art galleries and libraries on a minimum two (2) acres of land.
2. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions, without frontage on a highway or arterial. Such uses shall be located on a minimum of two (2) acres of land to provide sufficient area for off-street parking, bufferyards and proper site design to lessen impact on adjacent residential areas. Churches and other places of worship on less than two (2) acres of land at the time of adoption of this Chapter shall be considered conforming uses.
3. 
Non-commercial, not-for-profit neighborhood facilities, including indoor and outdoor recreation facilities, community centers, clubhouses, offices of a property owners association operated by a neighborhood or community organization or a property owners association.
4. 
Group day care homes.
5. 
Cemeteries on a minimum of ten (10) acres of land.
6. 
Type III, IV, and V wireless telecommunication towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI, Section 400.490.
C. 
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
Single-family dwellings
9,500 square feet
Two-family dwellings
6,000 square feet per dwelling unit
All other permitted uses
9,500 square feet
Minimum Lot Width
Single-family dwellings
80 feet
All other permitted uses
80 feet
Maximum Lot Depth
100 feet
Maximum Structure Height
Principal structure
35 feet
Accessory structure
16 feet
Minimum Yard Requirements
Front yard
25 feet
Rear yard
15 feet
Side yard
15 feet
On corner lots, side yard setback shall be 20 feet on the side next to a street
Maximum Building Coverage
(including accessory structures)
40 percent
D. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses except for single-family dwellings.
2. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article VIII, Landscaping, Screening and Buffering Requirements, shall be submitted and approved for all uses, except for single-family dwellings.
3. 
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to any non-residential use shall be screened from view.
5. 
Off-street parking and vehicular use areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
[Ord. No. 1250 §1(504), 10-15-2002]
A. 
Permitted Uses. The "R-3" Multi-Family Residence District is designed for multi-family residential developments at up to nine (9) dwelling units per acre. The following uses are permitted in the "R-3" District:
1. 
Single-family dwellings existing at the time the district is mapped.
2. 
Two-family dwellings.
3. 
Multi-family dwellings.
4. 
Town houses.
5. 
Family day care and group day care homes.
6. 
Custodial group homes and residential group homes.
7. 
Boarding, rooming and lodging houses.
8. 
Residential, intermediate and skilled nursing care facilities.
9. 
Bed and breakfasts.
10. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions and overnight shelters.
11. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
12. 
Public and private parks, playgrounds, community buildings and golf courses, excluding miniature golf courses and driving ranges.
13. 
Accessory uses in accordance with Article VI, Supplemental Use Regulations.
14. 
Temporary uses in accordance with Article VI, Supplemental Use Regulations.
15. 
Home occupations in accordance with Article VI, Supplemental Use Regulations.
16. 
Public utilities and governmental buildings, including transformer stations, pumping stations, lift stations, water reservoirs, standpipes, elevated and ground level water storage tanks, but excluding office buildings, garages and shops, loading yards and warehouses.
17. 
Type I and II wireless facilities in accordance with Article VI, Section 400.490.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Museums, libraries and art galleries.
2. 
Cemeteries on a minimum of ten (10) acres of land.
3. 
Day care centers.
4. 
Fire stations and Police stations.
5. 
Type III wireless facilities in accordance with Article VI, Section 400.490, provided wireless towers sixty (60) feet or greater in height allow collocation of at least one (1) additional provider's facilities.
6. 
Other towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI, Section 400.490.
C. 
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
Two-family dwellings
6,000 square feet per dwelling unit
Multi-family dwellings
4,500 square feet per dwelling unit
All other permitted uses
9,500 square feet
Minimum Lot Width
60 feet
Minimum Lot Depth
100 feet
Maximum Structure Height
Principal structure
45 feet
Accessory structure
16 feet
Minimum Yard Requirements
Front yard
25 feet
Rear yard
15 feet
Side yard
12 feet for two-family dwellings, 15 feet for other uses.
Other corner lots, side yard setback shall be 20 feet on the side next to a street.
Maximum Building Coverage
(including accessory structures)
40 percent
D. 
Minimum Open Space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses.
2. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article VIII, Landscaping, Screening and Buffering Requirements, shall be submitted and approved for all uses.
3. 
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to uses except for two-family dwellings shall be screened from view.
5. 
Off-street parking and vehicular use areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
[Ord. No. 1250 §1(505), 10-15-2002]
A. 
Permitted Uses. The "R-MP" Manufactured Home Residence District is established for manufactured home parks and manufactured home subdivisions with densities of up to five (5) dwelling units per acre. The following uses are permitted in the "R-MP" District:
1. 
Single manufactured homes on individual lots.
2. 
Manufactured home parks.
3. 
Manufactured home subdivisions.
4. 
Residential group homes.
5. 
Family day care homes and group day care homes.
6. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
7. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions and overnight shelters, that meet the following requirements: frontage on and primary access to an arterial or higher classification street, and on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
8. 
Public utilities and governmental buildings, including transformer stations, pumping stations, lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
9. 
Clubhouses associated with any permitted residential use, subject to the requirement that such clubhouses shall be for the use of the residents of the associated residential development and their guests, and shall not be open for general public use.
10. 
Home occupations in accordance with Article VI, Supplemental Use Regulations.
11. 
Accessory uses in accordance with Article VI, Supplemental Use Regulations.
12. 
Temporary uses in accordance with Article VI, Supplemental Use Regulations.
13. 
Type I and II wireless facilities in accordance with Article VI, Section 400.490.
B. 
Conditional Uses. Any conditional use that may be allowed in the "R-1" Single-Family Residence District may be allowed in the "R-MP" Residence District subject to the provisions of this Chapter and approval by the Board of Aldermen.
C. 
Use Limitations. In manufactured home districts, recreational vehicles shall not be occupied as dwellings and manufactured home sales lots shall not be permitted.
D. 
Minimum Area Requirements. Where the district is established, the minimum area shall be ten (10) acres. The tract shall comprise a single parcel, except where the site is divided by a public street or where the total property includes separate parcels for maintenance and storage facilities and the like. All parcels involved shall be of sufficient size and dimensions to allow for efficient design and management.
E. 
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
Manufactured home park or manufactured home subdivision tract area
10 acres
Manufactured home in manufactured home parks
9,500 square feet per dwelling unit
Manufactured home in a manufactured home subdivision
9,500 square feet per lot for a manufactured home subdivision
All other permitted and conditional uses
9,500 square feet
Minimum Lot Width
Manufactured home park or subdivision tract
200 feet
Manufactured home in manufactured home park or subdivision
80 feet
All other permitted and conditional uses
100 feet
Minimum Lot Depth
Manufactured home park or subdivision tract
200 feet
Manufactured home in manufactured home park or subdivision
100 feet
All other permitted and conditional uses
100 feet
Maximum Structure Height
Principal structure
35 feet
Accessory structure
16 feet
Minimum Yard Requirements
Front yard
25 feet
Rear yard
15 feet
Side yard
40 feet for manufactured home park tract
15 feet for all other uses
Maximum Building Coverage
(including accessory structures)
40 percent
F. 
Minimum Open Space. For individual lots in manufactured home subdivisions, not less than thirty percent (30%) of the total lot area shall be devoted to open space including required yards and bufferyards. For manufactured home park developments, not less than twenty percent (20%) of the total area of the development shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
G. 
Design Requirements For Manufactured Home Subdivisions.
1. 
A site plan meeting the provisions of Article III, Administration and Review, shall be submitted and approved for all uses except single-family manufactured homes on individual lots.
2. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article VIII, Landscaping, Screening and Buffering Requirements, shall be submitted and approved for all uses, except single-family manufactured homes on individual lots.
3. 
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to uses, except for single-family manufactured homes on individual lots, shall be screened from view.
5. 
Off-street parking and vehicular use areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
6. 
Manufactured homes sited on an individual lot in a manufactured home subdivision shall be anchored on a permanent foundation. Siding on manufactured homes shall have a similar appearance to site built homes in nearby residential areas and shall have a pitched roof with composition shingles.
H. 
Design Requirements For Manufactured Home Parks.
1. 
A site plan meeting the provisions of Article III, Administration and Review, shall be submitted and approved.
2. 
A landscaping plan meeting the requirements of Article VIII, Landscaping, Screening and Buffering Requirements, shall be submitted and approved. The development shall also provide for bufferyard requirements in accordance with the provisions of Article VIII, Landscaping, Screening and Buffering Requirements.
3. 
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article IX, Parking and Loading Area Requirements.
4. 
Refuse storage areas, storage for maintenance, and mechanical, electrical or other equipment incidental to any permitted non-residential use shall be screened from view.
5. 
Off-street parking and vehicular use areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements. In addition, each manufactured home park shall provide a parking lot for storage of boats, recreational vehicles and trucks that do not exceed one (1) ton capacity.
6. 
There shall be at least fifteen (15) feet between manufactured homes or any other buildings located in a manufactured housing park.
7. 
Manufactured homes shall be anchored to a foundation that is similar in appearance to the materials used for permanent foundations. Siding shall be similar in appearance to site built homes in nearby neighborhoods and the manufactured home shall have a pitched composition roof.
8. 
Every manufactured home shall have direct access to a hard-surfaced driveway or interior street. Interior streets shall be constructed in conformance with the requirements of the City of Branson West Design Standards for Public Improvements.
[Ord. No. 1250 §1(506), 10-15-2002; Ord. No. 4-2019, 8-13-2019; Ord. No. 01-2023, 2-14-2023; Ord. No. 15-2025, 8-12-2025]
A. 
Permitted Uses. The "C-1" Neighborhood Commercial District is designed to permit small areas of convenience shopping facilities in and near residential neighborhoods. The following uses are permitted in the "C-1" District:
1. 
Bakeries, delicatessens, and meat markets with on-premise sales.
2. 
Convenience store, which shall include gasoline sales, but shall not permit repair facilities for motor vehicles.
3. 
Day care center.
4. 
Governmental buildings and uses.
5. 
Laundry and dry cleaning self-service.
6. 
Residential, intermediate or skilled nursing care facilities.
7. 
Personal services such as barber or beauty shop, dressmaking, tailoring, shoe repair, household appliance repair, and other similar uses.
8. 
Police and fire stations.
9. 
Public or private parks, playgrounds and golf courses, excluding miniature golf and driving ranges.
10. 
Type I and II wireless telecommunications facilities in accordance with Article VI, Section 400.490.
11. 
Public utilities and governmental buildings, including transformer stations, pumping stations, lift stations, public water reservoirs, standpipes, and elevated and ground-level water storage tanks, but excluding office buildings, garages and shops, loading yards and warehouses.
12. 
Accessory uses in accordance with Article VI, Supplemental Use Regulations.
13. 
Temporary uses in accordance with Article VI, Supplemental Use Regulations.
14. 
Single-family dwellings existing at the time the district is mapped.
15. 
Residential dwelling units on the second floor and any floors above in buildings within the "C-1" (Neighborhood Commercial) Zoning District when in compliance with the following:
a. 
Residential dwelling units on the ground floor or below are prohibited.
b. 
Building Code. Residential dwelling units must comply with applicable provisions of Chapter 500, Building Codes and Building Regulations, including but not limited to the International Building Code (IBC), International Residential Code (IRC), and applicable fire/life safety requirements for mixed-use occupancy.
c. 
Access. Access to residential units may be provided through a shared or separate entrance from the commercial use, provided adequate egress and safety standards are met.
d. 
Parking Requirements. Off-street parking for residential units shall be provided in accordance with existing residential and mixed-use standards outlined in Article IX, Parking and Loading Area Requirements. See Section 400.670 (Joint Use of Parking Facilities) for shared parking provisions.
e. 
Number Of Units. There shall be at least four thousand five hundred (4,500) square feet of lot area per unit for the first two (2) residential dwelling units and at least one thousand eight hundred (1,800) square feet of lot area per each dwelling unit thereafter. By way of example, a mixed-use building with four (4) accessory dwelling units shall have at least twelve thousand six hundred (12,600) square feet of lot area.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Type V wireless telecommunications facilities in accordance with Article VI, Section 400.490.
2. 
Other towers, exceeding one hundred (100) feet in height, and related facilities, provided the maximum height does not exceed two hundred (200) feet; only one (1) tower is permitted on a lot, and all other provisions of Article VI, Section 400.490 are met.
3. 
Marijuana dispensary facilities.
C. 
Use Limitations.
1. 
No new residential structures shall be constructed in the "C-1" Neighborhood Commercial District. Existing residential structures may be altered, remodeled or improved subject to the restrictions and regulations applicable to residences in the "R-3" Multi-Family Residence District.
2. 
All business, servicing, storage and display of materials and goods, except for off-street parking and loading, shall be conducted within completely enclosed structures.
3. 
No manufacturing, processing or treating of products other than that which is clearly incidental and essential to retail business shall be conducted and all such products shall be sold at retail on the premises.
4. 
No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.
5. 
No business establishment shall offer goods or services to customers waiting in parked motor vehicles (drive-through).
D. 
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
None
Minimum Lot Width
None
Minimum Lot Depth
None
Maximum Structure Height
Principal structure
35 feet
Accessory structure
16 feet
Maximum Floor Area Ratio
0.40
Minimum Yard Requirements
Front yard
40 feet
Rear yard
Twenty percent of the lot depth or 10 feet, whichever is greater, provided that no more than 25 feet shall be required.
Side yard
None, except where a commercial use adjoins a residential use, the setback shall be 15 feet
Maximum Building Coverage
(including accessory structures)
40 percent
E. 
Open Space Requirements. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas, and internal streets. Open space shall contain living ground cover.
F. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses.
2. 
All development shall meet the bufferyard and landscaping requirements in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
3. 
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to uses shall be screened from view.
5. 
Lighting shall be designed so as to reflect away from adjacent residential districts and shall be in conformance with the requirements of Section 400.460.
6. 
Off-street parking, vehicular use areas and loading areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
[Ord. No. 1250 §1(507), 10-15-2002; Ord. No. 4-2019, 8-13-2019; Ord. No. 01-2023, 2-14-2023; Ord. No. 12-2025, 8-12-2025; Ord. No. 15-2025, 8-12-2025]
A. 
Permitted Uses. The "C-2" District is designed for those business and commercial uses that draw their customers from motorists on the highway, or for whom location on a highway or arterial street is necessary. The district also provides for the location of commercial activities that involve outdoor storage of materials and goods. The following uses are permitted in the "C-2" General Commercial District:
1. 
All uses permitted in the "C-1" Neighborhood Commercial District.
2. 
Agricultural implement sales and service.
3. 
Arcades and game rooms, bowling alleys, theaters, skating rinks and other such similar places of commercial entertainment.
4. 
Banks and financial institutions, including automatic teller machines and drive-through facilities.
5. 
Boat sales and rental.
6. 
Car wash.
7. 
Clinics, marijuana dispensary facilities, dental laboratories, and similar medical service facilities.
8. 
Funeral home.
9. 
Greenhouse, nursery, or garden stores, on-premises sales permitted.
10. 
Health and fitness centers, including dance studios.
11. 
Hardware, home improvement, and builder supply stores.
12. 
Heating, air-conditioning and plumbing stores.
13. 
Library, museum, art gallery and similar uses.
14. 
Liquor store and tavern.
15. 
Manufactured home sales and rental, but not including the use of a manufactured home as a residence.
16. 
Monument sales, outside storage permitted.
17. 
Motels and hotels, when located on a State or Federal highway. See Section 400.496, On-Site Residency For Hotel And Motel Site Managers, for provisions related to this use.
18. 
New or used automobile, recreational vehicle or motorcycle sales and service facilities, outside storage permitted, but excluding the wrecking of motor vehicles.
19. 
Offices, clerical, research and services not related to goods and merchandise, such as offices of attorneys, physicians, engineers, accountants, insurance agents, stockbrokers, travel agents, telecommunications and Internet services, and government.
20. 
Off-street parking facilities.
21. 
Pest control services.
22. 
Public and private parks, playgrounds and golf courses, including miniature golf courses and driving ranges.
23. 
Restaurants, including drive-in facilities.
24. 
General retail sales and rental of goods, merchandise and equipment.
25. 
Personal self-service storage facilities, provided that there shall be no outdoor storage.
26. 
Single-family dwellings existing at the time the district was mapped.
27. 
Service stations or gas stations, including repair shops.
28. 
Schools, professional, business and trade.
29. 
Veterinarian, animal hospital or kennel, provided that no such building, kennel or exercise runway is closer than three hundred (300) feet to the boundary of any residence district.
30. 
Towers other than wireless facilities, less than one hundred (100) feet in height, and related facilities provided telecommunication towers comply with Article VI, Section 400.490.
31. 
Type I wireless facilities in accordance with Article VI, Section 400.490.
32. 
Type III wireless facilities in accordance with Article VI, Section 400.490, provided wireless towers sixty (60) feet or greater in height allow collocation of at least one (1) additional provider's facilities.
33. 
Type IV wireless facilities in accordance with Article VI, Section 400.490, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow collocation of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
34. 
Water reservoirs, water standpipes, and elevated and ground level water storage tanks.
35. 
Auction sales, flea markets and swap meets.
36. 
Residential dwelling units on the second floor and any floors above in buildings within the "C-2" (General Commercial) Zoning District when in compliance with the following:
a. 
Residential dwelling units on the ground floor or below are prohibited.
b. 
Building Code. All residential dwelling units must comply with applicable provisions of Chapter 500, Building Codes and Building Regulations, including but not limited to the International Building Code (IBC), International Residential Code (IRC), and applicable fire/life safety requirements for mixed-use occupancy.
c. 
Access. Access to residential units may be provided through a shared or separate entrance from the commercial use, provided adequate egress and safety standards are met.
d. 
Parking Requirements. Off-street parking for residential units shall be provided in accordance with existing residential and mixed-use standards outlined in Article IX, Parking and Loading Area Requirements. See Section 400.670 (Joint Use of Parking Facilities) for shared parking provisions.
e. 
Number Of Units. There shall be at least four thousand five hundred (4,500) square feet of lot area per unit for the first two (2) residential dwelling units and at least one thousand eight hundred (1,800) square feet of lot area per each dwelling unit thereafter. By way of example, a mixed-use building with four (4) accessory dwelling units shall have at least twelve thousand six hundred (12,600) square feet of lot area.
B. 
Conditional Uses. The following uses are permitted as conditional uses, subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Substance abuse treatment facilities.
2. 
Rescue missions, overnight shelters, halfway houses.
3. 
Recreational vehicle parks.
4. 
Zoo, private.
C. 
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
None
Minimum Lot Width
None
Minimum Lot Depth
None
Maximum Structure Height
45 feet
Maximum Floor Area Ratio
1.0
Minimum Yard Requirements
Front yard
40 feet
Rear yard
None
Side yard
None, except where a commercial use adjoins a residential use, the setback shall be 15 feet
Maximum Building Coverage
(including accessory structures)
50 percent
D. 
Open Space Requirements. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas, and internal streets. Open space shall contain living ground cover.
E. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses.
2. 
All development shall meet the bufferyard and landscaping requirements in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
3. 
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to uses shall be screened from view.
5. 
Lighting shall be designed so as to reflect away from adjacent residential districts and shall be in conformance with the requirements of Section 400.460.
6. 
All parking and loading areas shall be provided in accordance with the requirements set forth in Article IX, Parking and Loading Area Requirements.
7. 
All outdoor storage, except the storage of motor vehicles in operating condition, shall be enclosed by screening. Off-street parking and loading spaces and the storage of motor vehicles in operating condition shall be enclosed when such use abuts a residence district or is separated from a residence district by only an alley.
[Ord. No. 1250 §1(508), 10-15-2002; Ord. No. 4-2019, 8-13-2019; Ord. No. 01-2023, 2-14-2023]
A. 
Purpose. The "I-1" Light Industrial District is intended to allow for industrial operations and related activities that do not create nuisances and hazards. Industrial operations and activities are permitted provided they are conducted inside a building, although outdoor storage is permitted subject to limitations. The following uses are permitted in the "I-1" District:
1. 
Accessory uses in accordance with Article VI, Supplemental Use Regulations.
2. 
Ambulance service offices or garages.
3. 
Any storage, manufacturing, processing, assembly, packaging, servicing, testing or repair of goods and materials, and business and sales offices accessory thereto.
4. 
Any establishment which provides supplies and/or services primarily to commercial and industrial customers, such as sign shops, janitorial services, packaging or shipping services, printing, publishing, blueprinting, and similar uses.
5. 
Bakeries.
6. 
Funeral homes, mortuaries and crematoriums.
7. 
Governmental buildings and uses.
8. 
Heating, air-conditioning, and plumbing sales and service.
9. 
Hardware, home improvement and building supply stores.
10. 
Heavy machinery and equipment sales, rental and service.
11. 
Laundry, dry cleaning and carpet cleaning services.
12. 
Manufactured home sales and rental, but not including the use of a manufactured home as a residence.
13. 
Pest control services.
14. 
Police and fire stations.
15. 
Recording studios.
16. 
Schools, business, industrial and trade.
17. 
Retail sales of products produced by the principal use provided that the gross amount of floor area devoted to sales and display does not exceed twenty-five percent (25%) of the gross floor area of the structure.
18. 
Self-storage facilities.
19. 
Veterinary clinics, animal hospitals and kennels.
20. 
Warehousing, storage and distribution centers.
21. 
Type I wireless facilities in accordance with Article VI, Section 400.490.
22. 
Type III wireless facilities in accordance with Article, VI Section 400.490, provided wireless towers sixty (60) feet or greater in height allow collocation of at least one (1) additional provider's facilities.
23. 
Type IV wireless facilities in accordance with Article VI, Section 400.490, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow collocation of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
24. 
Towers other than wireless facilities, less than one hundred (100) feet in height, and related facilities in accordance with Article VI, Section 400.490.
25. 
Water reservoirs, water standpipes, and elevated and ground level water storage tanks.
26. 
Television and radio studios with transmitting facilities.
27. 
Marijuana dispensary facilities, marijuana cultivation facilities and marijuana-infused products manufacturing facilities.
B. 
Conditional Uses. The following uses may be permitted as conditional uses, subject to the provisions of this Chapter and approval by the Board of Aldermen:
1. 
Motor freight terminals.
2. 
Lumber production yards.
C. 
Use Limitations.
1. 
There shall be no offensive noise, dust, smoke, odors, heat or glare noticeable at or beyond the property line.
2. 
All operations and activities, except off-street parking, loading and storage, shall be conducted wholly inside a building or buildings.
3. 
Storage may be maintained outside a building in side yards or rear yards if such storage area is screened from public streets and from other property, except property located in an "I-2" District. All outdoor storage shall be at least one hundred (100) feet from any residence district.
4. 
No building shall be used for residential purposes, except that a guard or caretaker employed on the premises, and his/her family, may reside on the premises.
D. 
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
None
Minimum Lot Width
None
Minimum Lot Depth
None
Maximum Structure Height
50 feet
Maximum Floor Area Ratio
0.50
Minimum Yard Requirements
Front yard
25 feet
Rear yard
30 feet
Side yard
20 feet
Maximum Building Coverage
(including accessory structures)
50 percent
E. 
Open Space Requirements. Not less than fifteen percent (15%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas, and internal streets. Open space shall contain living ground cover.
F. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses.
2. 
All development shall meet the bufferyard and landscaping requirements in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
3. 
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
4. 
Refuse storage areas and mechanical and electrical equipment shall be screened from view.
5. 
Lighting shall be designed so as to reflect away from adjacent residential districts and shall be in conformance with the requirements of Section 400.460.
6. 
All parking and loading areas shall be provided in accordance with the requirements set forth in Article IX, Parking and Loading Area Requirements.
[Ord. No. 1250 §1(509), 10-15-2002; Ord. No. 4-2019, 8-13-2019; Ord. No. 01-2023, 2-14-2023]
A. 
Purpose. The "I-2" Heavy Industrial District is the basic manufacturing district for the City of Branson West. This district is intended to accommodate those heavy industries which cannot entirely eliminate objectionable features and impacts, but which, with reasonable care, will be able to comply with the standards of this district.
B. 
Permitted Uses. The following uses shall be permitted in the "I-2" Heavy Industrial District:
1. 
Any use permitted in the "I-1" Light Industrial District.
2. 
Any storage, manufacturing, processing, assembly, packaging, servicing, testing or repair of goods and materials, and business and sales offices accessory thereto, which conforms to the performance standards established in Subsection (D).
3. 
Battery recycling and reprocessing.
4. 
Feed stores.
5. 
Manufacturing and production of paving, roofing and other construction materials using asphaltic and petroleum based coatings and preserving materials.
6. 
Manufactured and modular home manufacturing.
7. 
Motor freight terminals.
8. 
Quarries and central mixing plants for concrete, asphalt and paving materials.
9. 
Recycling centers.
10. 
Lumber production yards.
11. 
Type I wireless facilities in accordance with Article VI, Section 400.490.
12. 
Type III wireless facilities in accordance with Article VI, Section 400.490, provided wireless towers sixty (60) feet or greater in height allow collocation of at least one (1) additional provider's facilities.
13. 
Type IV wireless facilities in accordance with Article VI, Section 400.490, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow collocation of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
14. 
Towers other than wireless facilities, less than one hundred (100) feet in height, and related facilities.
15. 
Water reservoirs, water standpipes, and elevated and ground level water storage tanks.
16. 
Television and radio studios with transmitting facilities.
17. 
Marijuana dispensary facilities, marijuana cultivation facilities and marijuana-infused products manufacturing facilities.
C. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and the approval of the Board of Aldermen.
1. 
Accessory residential structure for a resident watchman and/or caretakers employed on the premises.
2. 
Explosives manufacture or storage. All explosives manufacture or storage shall be subject to the minimum requirements and regulations of the Bureau of Alcohol, Tobacco and Firearms Publication ATFP 5400.7 (6/1990) or any subsequent amendments.
3. 
Scrap and salvage yards, automobile wrecking yards, provided that no such use shall be located within five hundred (500) feet of any residence district.
4. 
Refining of petroleum or its product.
5. 
Acid manufacture, provided that no such facility shall be located within five hundred (500) feet of any residence district.
6. 
Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and non-ferrous metals.
7. 
Type V wireless facilities in accordance with Article VI, Section 400.490.
8. 
Towers other than wireless facilities, exceeding one hundred (100) feet height, and related facilities in accordance with Article VI, Section 400.490.
D. 
Use Limitations.
1. 
No use or operation shall disseminate dust, smoke, fumes, gas, vibration, noxious odors, or glare at or beyond the property line.
2. 
No use or operation shall produce noise exceeding in intensity at the boundary of the property the average intensity of noise of street traffic at that point.
3. 
No use or operation shall create fire hazards on surrounding property.
4. 
All operations and activities, except off-street parking, loading and storage, shall be conducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any other district, except for the "I-1" District.
5. 
Storage may be maintained outside a building in side yards or rear yards if such storage area is screened from public streets and other property, except property located in an "I-1" District.
6. 
All outdoor storage shall be at least two hundred (200) feet from any residence district.
7. 
All salvage and scrap yards and automobile wrecking yards shall be enclosed by a solid board fence or wall not less than ten (10) feet high of new material and well-maintained.
E. 
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
None
Minimum Lot Width
None
Minimum Lot Depth
None
Maximum Structure Height
50 feet
Maximum Floor Area Ratio
1.5
Minimum Yard Requirements
Front yard
25 feet
Rear yard
25 feet
Side yard
20 feet, except where abutting a residence district, then 50 feet
Maximum Building Coverage
None
F. 
Open Space Requirements. Not less than fifteen percent (15%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas, and internal streets. Open space shall contain living ground cover.
G. 
Design Requirements.
1. 
A site plan meeting the requirements of Article III, Administration and Review, shall be submitted and approved for all uses.
2. 
All development shall meet the bufferyard and landscaping requirements in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
3. 
All off-street parking, vehicular use and loading areas shall be provided in accordance with Article IX, Parking and Loading Area Requirements.
4. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment, or other equipment incidental to uses shall be screened from view.
5. 
Lighting shall be designed so as to reflect away from adjacent residential districts and shall be in conformance with the requirements of Section 400.460.
6. 
All outdoor storage, except the storage of motor vehicles in operating condition, shall be enclosed by screening. Off-street parking and loading spaces, and the storage of motor vehicles in operating condition, shall be enclosed when such use abuts a residence district or is separated from a residence district by only an alley.
[Ord. No. 1250 §1(510), 10-15-2002]
A. 
Purpose. The purpose of Planned Development Districts is to enable greater flexibility, creativity, and innovation in land development and design than is normally possible under traditional zoning regulations. Planned Development Districts must meet specific criteria to ensure the protection of health, safety, and welfare, and be in accordance with the intent and purposes of the Branson West Comprehensive Plan.
Specifically, it is the purpose of Planned Development Districts to achieve one (1) or more of the following goals:
1. 
Careful, creative design that is architecturally harmonious and maintains a positive visual impact on the community and that creates a sense of place.
2. 
More efficient use of land, public services and infrastructure.
3. 
Preservation and protection of significant natural features such as streams, trees, topographic features, and significant cultural features.
B. 
Authority. The Board of Aldermen is authorized to establish Planned Development Districts which may differ from the provisions of the other zoning districts of this Chapter, but are congruent with the spirit and intent of this Chapter and the Branson West Comprehensive Plan.
C. 
Planned Development Districts — General Provisions.
1. 
Planned Development Districts shall be established on a parcel of sufficient size to be planned and developed. Mixed-Use Planned Development Districts shall be established on a minimum of five (5) acres, and Residential Planned Development Districts shall be established on a minimum of ten (10) acres. The entire tract or parcel of land for the Planned Development District must be held in single ownership, or the application for the Planned Development District must be filed jointly by multiple owners.
2. 
All Planned Development Districts shall comply with the following guidelines:
a. 
The Planned Development District should not have an adverse impact on the property value of adjacent land, nor should it hinder the implementation of the Branson West Comprehensive Plan.
b. 
Planned Development Districts must provide for adequate traffic circulation within the development, and must provide adequate connectivity with all modes of the City-wide transportation network.
c. 
No Planned Development District should impose an undue burden on public services, facilities and infrastructure.
d. 
The location of structures, parking areas, walks, lighting, and streets shall be compatible with surrounding land uses; landscaping should be used were there are no structures, parking and loading areas, or accessways.
e. 
A Planned Development District may be developed in phases, provided that no phase or unit of development shall be constructed without proportional development of common open space (if any is to be provided). All public improvements directly related to each phase must be completed at the time the phase is developed and all public improvements serving the entire planned development must be completed in a sequencing that assures full utilization of the planned development and all areas within the development.
f. 
The Commission may modify the period of time for completing the entire development and commencement date for each phase of the planned development if the applicant can show good cause for doing so, provided that in no case shall any extension exceed twelve (12) months.
g. 
The applicant shall provide and record easements and covenants and furnish other guarantees deemed necessary by the Board of Aldermen to assure performance in accordance with the final development plan and to protect the public interest in the event of abandonment before the development's completion.
h. 
Planned Development Districts shall comply with the off-street parking and loading area requirements of Article IX, Parking and Loading Area Requirements of this Chapter.
i. 
Specifications for the design of streets, public utilities, curbs, sidewalks, street lights, public playgrounds and parks, storm water drainage, water supply and distribution, and sanitary sewers and collection shall comply with the City of Branson West Design Standards for Public Improvements.
j. 
The Commission may waive or modify such requirements if the Commission finds that the specifications will not harm the health, safety, and welfare of the residents of Branson West, and that amended specifications would conform to the Branson West Comprehensive Plan and the intent of this Chapter. However, no modification shall:
(1) 
Allow the use of other than public sewers and public water supply.
(2) 
Permit private or gated streets in a Planned Development District.
3. 
The total number of dwelling units in a Planned Development District shall not exceed the maximum number of units allowed in the development's underlying zoning district or districts. The density of dwelling units in a Planned Development District shall also conform with the lot and bulk regulations of this Chapter unless the Commission approves a development plan that includes design and infrastructure elements to accommodate greater densities in localized areas of the development using these guidelines:
a. 
Any reduction in minimum lot size shall be compensated by equivalent common open space in the balance of the development.
b. 
The Commission shall, in its determination, also consider that the physical characteristics of the site may make increased densities appropriate in a particular location.
c. 
The total ground area occupied by buildings and structures shall not exceed thirty-five percent (35%) of the total ground area of the planned development. If previous development in the neighborhood exceeds coverage of thirty-five percent (35%), the coverage area of the Planned Development District may be increased to correspond with that of the neighborhood as a whole.
d. 
Unless a modification to lot and bulk requirements are approved by the Commission, all residential lots in a Planned Development District shall meet the following minimum requirements:
(1) 
Minimum twenty-five (25) foot front yard setback.
(2) 
Minimum fifteen (15) foot rear yard setback.
(3) 
Minimum fifteen (15) foot side yard setbacks.
(4) 
A minimum lot width of eighty (80) feet.
4. 
Common open space.
a. 
The amount and location of common open space in a Planned Development District shall be consistent with its declared function in the application.
b. 
The development plan shall include provisions for the ownership and maintenance of common open space as is necessary to ensure its continued care and conservation. The development plan shall also provide for remedial measures that will be available to the City of Branson West should the common open space deteriorate or not be maintained in a manner consistent with the interests of the residents of the Planned Development District or the residents of Branson West.
c. 
Adequate safeguards such as recorded covenants shall be provided in the Planned Development District to ensure that no structure is ever constructed in the common open space and to prevent use of the common open space which is inconsistent with the intent of the development plan.
(1) 
The development plan shall specify and identify all facilities and structures to be included in common open space.
(2) 
Any change in the number or type of facilities and structures located in common open space shall constitute a significant change in the planned development plan and shall require public hearing before the Commission, in accordance with the provisions of Article III, Administration and Review, and approval by the Board of Aldermen.
D. 
Residential Planned Development Districts.
1. 
Residential Planned Development Districts include dwelling units in detached, semi-detached, and attached dwelling units, and cultural or recreational uses intended to serve residents of the neighborhood. The purpose of a Residential Planned Development District is to allow for creativity in residential design, allow for a mixture of residential density within the same development, and encourage the conservation of significant natural or cultural features.
2. 
Residential planned developments may be located in the "R-2" and "R-3" Residence Districts and may include any of the permitted and conditional uses allowed in the districts, contingent on the design, intensity, and context of surrounding land uses.
3. 
The highest intensity of residential use in a Residential Planned Development District shall not exceed the highest intensity use allowed in the parcel's underlying zoning district. The Board of Aldermen may, however, allow a higher intensity use than would normally be allowed in the underlying zoning district if the applicant can show that the design of the development will minimize the impact of the greater intensity, and that the greater intensity will not jeopardize the health, safety and welfare of Branson West residents or the provision of public services.
E. 
Mixed-Use Planned Development Districts.
1. 
The purpose of a Mixed-Use Planned Development District is to promote greater convenience and innovative use of land within the same planned development. Mixed-Use Planned Development Districts may include a combination of residential, office, commercial, and light industrial uses. A mixed-use planned development must include a commercial or light industrial use; any development including only residential uses must be developed as a Residential Planned Development District. A Mixed-Use Planned Development District must be located in a "R-2", "R-3", "C-2", or "I-1" zoning district.
2. 
Mixed-Use Planned Development Districts are also subject to the following provisions:
a. 
Screening and buffering in accordance with the provisions of Article VIII, Landscaping Screening and Buffering Requirements may be required between commercial, industrial, and/or residential uses within a Planned Development District or adjacent to the Planned Development District.
b. 
The Board of Aldermen may restrict or require restrictive covenants prohibiting certain uses normally permitted in any of the above districts and their hours of operation if those uses will have an adverse impact on other properties located in or adjacent to the planned development. Considerations for the limitations of such uses include:
(1) 
The impact of dust, chemicals, noise, and other pollutants on surrounding properties.
(2) 
The impact of the hours of operation of a use and the enjoyment of surrounding property.
(3) 
The impact of traffic, freight pickup or deliveries, and lighting on surrounding uses.
(4) 
Outdoor storage and the storage or manufacturing of hazardous materials.
c. 
Residential uses may share the same multi-story structure with a commercial use, provided that residential dwelling units are limited to the secondary floors of the structure, and that the Board of Aldermen determines that any such an arrangement will not adversely affect the health, safety, and welfare of the residents of any such units.
F. 
Preliminary Development Plan — All Planned Development Districts.
The applicant shall prepare a preliminary development plan for a Planned Development District and submit it to the City Clerk. The applicant shall also submit a preliminary plat concurrent with the preliminary development plan. The application for the preliminary development plan must include the following:
1. 
Survey of the tract that is to be developed, showing streets, alleys, easements, utility lines, and topographic and physical features.
2. 
A site plan showing the location and arrangement of existing and proposed structures, proposed traffic circulation within the development, parking and loading areas, ingress and egress points, proposed and existing land uses, zoning districts, proposed lots and blocks, public and common open spaces, parks, playgrounds, school sites, and recreational facilities.
3. 
A statement that includes the anticipated residential density (when applicable), proposed total gross floor area, and the percentage of the development to be occupied by structures.
4. 
Preliminary landscaping/bufferyard plan.
5. 
If the planned development is proposed to be constructed in phases, a proposed and tentative schedule for the development of each phase, indicating the proportion of total public and private open space and the proportion of each type of proposed land use to be constructed during each phase; and the chronology of development to be followed from phase to phase.
6. 
Evidence that the applicant has sufficient control over the tract of land to effectuate the plan, including a statement of all ownership and beneficial interests in the parcel.
7. 
A traffic impact analysis of the Planned Development District on traffic circulation and number of trips in the vicinity of the proposed development.
8. 
A statement showing the relationship of the Planned Development District to the Branson West Comprehensive Plan.
9. 
In Mixed-Use Planned Development Districts, a statement indicating the types of business and/or industries to be included in the development.
10. 
If common open space, common recreational facilities, or common public facilities are part of the proposed development, a statement describing the provisions for maintaining common facilities. If a non-governmental authority will be responsible for common areas, copies of that entity's proposed articles of incorporation or bylaws must be included.
11. 
Statement of proposed restrictive covenants that are to be recorded with respect to property included in the Planned Development District. The proposed restrictive covenants shall include, at a minimum, the following provisions:
a. 
The developer shall remain responsible for all common areas until at least sixty percent (60%) of all lots are sold.
b. 
The developer may transfer interest in and to the common areas of the planned development after at least sixty percent (60%) of the lots are sold, but said developer shall remain responsible for the common areas until all lots in the development are sold, should the homeowner's association fail to do so.
c. 
There shall be established a homeowner's association, which shall be responsible for the common areas of the planned development.
d. 
The homeowner's association shall establish a Board of Directors and the Board of Directors shall have responsibility of collecting the assessment and maintaining the common areas.
e. 
Responsibility for the planned development's common areas shall include maintenance, repairs, regular mowing, cleanup, and any other action necessary to maintain and keep in proper condition all common areas in the development.
f. 
The homeowner's association shall be required to establish an annual assessment for each lot, which assessment shall be a lien on each lot owner's property, and which accumulatively shall be in sufficient amounts to pay for the costs of all maintenance of the common areas.
g. 
The City shall have the right, but not the duty, to enforce maintenance of the common areas.
h. 
Any proposed dissolution of the homeowner's association shall be subject to the approval of the City and shall include a proposal for continued maintenance of the common areas.
G. 
Actions Of The Planning Commission.
1. 
The Commission shall hold a public hearing on the preliminary development plan in accordance with the provisions of Article III, Administration and Review, within sixty (60) days after the preliminary development plan application has been filed with the City Clerk.
2. 
The Commission shall determine its findings regarding the compliance of the preliminary development plan with the standards in Subsection (C) and Subsection (D), and transmit those findings to the Board of Aldermen and the applicant within thirty (30) days of the public hearing on the preliminary development plan.
3. 
The Commission shall also submit its recommendations regarding approval, disapproval, approval with amendments, conditions, or restrictions of the preliminary development plan to the Board of Aldermen at the same time that it submits its findings concerning compliance with Subsection (C) and Subsection (D) of this Section.
H. 
Actions Of The Board Of Aldermen.
1. 
The Board of Aldermen shall approve, approve with modifications or alterations, or disapprove the preliminary development plan within thirty (30) days after it received the findings and recommendations of the Commission concerning the preliminary development plan.
2. 
If the preliminary development plan is disapproved, the City shall provide the applicant with a written statement of the reasons for disapproval of the plan.
3. 
The Board of Aldermen may alter the preliminary development plan, and impose such restrictions and conditions on the planned development as it may deem necessary to ensure that the development will be in harmony with the general purpose and intent of this Chapter and with the Branson West Comprehensive Plan.
4. 
When the Board of Aldermen alters the preliminary development plan, or imposes any restrictions or conditions on such plan, the applicant shall have fifteen (15) days within which to file an acceptance of such alteration, restriction or condition with the City.
5. 
When an acceptance is required by this Section, no ordinance approving a preliminary development plan and establishing a planned development district shall be adopted until such acceptance has been filed with the City.
I. 
Approval Of Planned Development District.
1. 
A Planned Development District shall be considered an amendment to the zoning regulations. Any ordinance approving the planned development shall specify the zoning regulations and restrictions that will apply to the Planned Development District pursuant to the preliminary development plan, and shall set such boundaries on a map that is incorporated and published as a part of such ordinance, with the designation "RPD" for Residential Planned Development Districts and "MPD" for Mixed-Use Planned Development Districts.
2. 
Any such ordinance shall also specify the conditions and restrictions that have been imposed by the Board of Aldermen on the planned development, and the extent to which the otherwise applicable district regulations have been varied or modified. When the ordinance designates divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Commission to modify the schedule of development to the extent set out in Subsection (C)(2).
3. 
The City Clerk shall transmit a copy of the ordinance approving and adopting the Planned Development District to the applicant. The Planned Development District will also be noted on the Official Zoning Map maintained at Branson West City Hall.
4. 
Preliminary approval of a development plan shall not qualify as a final plat of the planned development for recording.
5. 
A preliminary development plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the City without the consent of the applicant. However, such a plan may be modified if the applicant fails to meet time schedules for filing a final development plan, fails to proceed with development in accordance with the plans as approved, or fails to comply with any condition of this Section or any approval granted pursuant to it in any other manner.
6. 
If no time is specified in the ordinance approving the preliminary development plan, then an application for approval of a final development plan, or of each of its phases, shall be filed within one (1) year.
7. 
The preliminary development plan may be revoked if the applicant, after the approval of the preliminary development plan but before the approval of the final development plan:
a. 
Chooses to abandon the development plan and provide written notification to the Commission of such action.
b. 
Fails to file an application(s) for approval of a final plan within the required time period
8. 
Any portion or total of the planned development not given final approval shall be subject to all provisions of the zoning regulations as amended and any other ordinance as amended that was applicable prior to the approval of the preliminary plan. The Board of Aldermen shall adopt an ordinance repealing the Planned Development District for that portion not given final approval and re-establishing the zoning and other ordinances applicable to the land immediately prior to the Planned Development District. Any such revocation shall be noted on the Official Zoning Map.
J. 
Final Development Plan — All Planned Development Districts.
1. 
An application for the approval of a final development plan must be filed for all the land in the planned development or one (1) of its phases. Such application shall be filed by the applicant with the City Clerk and shall be in substantial compliance with the preliminary development plan as approved. The final development plan application shall be filed at least fifteen (15) working days prior to the Commission meeting at which the development plan will be considered. The applicant shall not submit a final development plan for approval until the preliminary plat for the development, if applicable, has been approved by the Board of Aldermen. The applicant shall also submit a final plat, if applicable, in conformance with the requirements of the Branson West Subdivision Regulations, concurrent with the final development plan. Substantial compliance of the final development plan with the preliminary development plan shall mean that the final plan does not:
a. 
Vary the proposed gross residential density or intensity of use by more than five percent (5%).
b. 
Increase the floor area of non-residential uses by more than five percent (5%).
c. 
Increase the total ground area covered by buildings more than five percent (5%).
d. 
Involve a reduction of the area set aside for common open space.
2. 
The application for approval of a final development plan shall include:
a. 
A site plan in conformance with the requirements of Article III, Administration and Review.
b. 
Preliminary building plans, including floor plans and exterior elevations.
c. 
Landscaping and bufferyard plans in accordance with Article VIII, Landscaping, Screening and Buffering Requirements.
d. 
Copies of any easements and restrictive covenants.
e. 
Proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any common open space or facilities.
f. 
Evidence that no lots, parcels or tracts, or dwelling units in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such planned development.
3. 
The applicant may elect to apply for the final approval of a portion or unit of a phased development, provided that the applicant is in accordance with the schedule approved in the preliminary plan and the time limits in the ordinance adopting the preliminary development plan.
4. 
The Commission shall recommend approval of the final development plan within thirty (30) working days of the Commission meeting at which the final development plan is considered, if the following conditions are met:
a. 
The final development plan is in substantial compliance with the preliminary development plan.
b. 
The application for final development plan approval has been submitted with all required components to the Commission.
5. 
In the interest of the public's safety, health and welfare, the Commission may recommend denial of a final development plan that has variations from the preliminary plan but still is in substantial compliance with the preliminary plan.
a. 
The Commission shall notify the applicant in writing of its decision to recommend denial of a final development plan within ten (10) working days of the date of decision. The notice to the applicant shall indicate the reasons for disapproval or why the final development plan is not in substantial compliance with the preliminary development plan.
b. 
The applicant shall have sixty (60) days from the date of the Commissions decision to reapply for approval of the final development plan with a revised version that is in substantial compliance with the preliminary development plan or to request that a public hearing be held before the Commission on the final development plan. Notification of public hearing on a final development plan shall be made in accordance with the provisions of Article III, Administration and Review, for public hearing notifications on rezoning applications.
c. 
If the applicant fails to file within the sixty (60) day period, it will be presumed that the applicant has refused to accept the requirements set forth by the Commission as a condition of approval of the final development plan.
6. 
The Commission shall transmit its findings and recommendations regarding approval, disapproval, or approval with amendments, conditions or restrictions of the final development plan to the Board of Aldermen within thirty (30) days of its final decision.
7. 
The Board of Aldermen shall approve, approve with modifications, or disapprove the final development plan. A final development plan, or any unit thereof, that has been approved by the Board of Aldermen shall be so certified by the City Clerk and shall be recorded in the Stone County Registry. No final development plan shall be recorded nor shall any lot be sold or transferred until all public improvements have been installed in accordance with the final development plan and final plat, if applicable.
8. 
Pending the completion of the planned development within a reasonable time, any approved final development plan, as approved, shall be immune to modification except with the consent of the applicant.
9. 
If a final development plan or one (1) of its phases is approved, and the applicant abandons part or all of the development plan and notifies the City in writing; or fails to complete the planned development or one (1) of its phases within a reasonable period of time after final approval has been granted, then no further development shall take place on the property until that property has been reclassified by enactment of a rezoning amendment as prescribed in Article III, Administration and Review.
K. 
Amendments To Planned Development District. A Planned Development District ordinance or an approved preliminary or final development plan may be amended by the Board of Aldermen, but only after a public hearing on the amendment has been held before the Commission and the Commission has transmitted its finding of fact and recommendations to the Board of Aldermen. The public hearing before the Commission shall be held in accordance with the provisions of Article III, Administration and Review.