[Ord. No. 1250 §1(501), 10-15-2002]
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.
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.
13.
Public utility water reservoirs, water standpipes, and elevated and
ground level storage tanks.
14.
Family day care homes.
15.
Medical Marijuana Cultivation Facility, which cultivates Medical
Marijuana outside, inside a completely enclosed facility, greenhouses
or combination of these.
[Ord. No. 4-2019, 8-13-2019]
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.
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.
[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.
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.
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.
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.
[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.
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.
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.
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.
[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.
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.
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.
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.
[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.
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]
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.
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.
14.
Single-family dwellings existing at the time the district is mapped.
B.
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.
[Ord. No. 1250 §1(507), 10-15-2002]
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, Medical Marijuana Dispensary Facilities, dental laboratories,
and similar medical service facilities.
[Ord. No. 4-2019, 8-13-2019]
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.
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.
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.
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]
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:
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.
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.
25.
Water reservoirs, water standpipes, and elevated and ground level
water storage tanks.
26.
Television and radio studios with transmitting facilities.
27.
Medical Marijuana Dispensary Facilities, Medical Marijuana Cultivation
Facilities and Medical Marijuana-Infused Products Manufacturing Facilities.
[Ord. No. 4-2019, 8-13-2019]
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.
[Ord. No. 1250 §1(509), 10-15-2002]
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.
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.
Medical Marijuana Dispensary Facilities, Medical Marijuana Cultivation
Facilities and Medical Marijuana-Infused Products Manufacturing Facilities.
[Ord. No. 4-2019, 8-13-2019]
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.
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:
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:
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:
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:
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:
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.
