[R.O. 1994 § 405.100; Ord. No.
94-8 Art. 4 § 1, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2003-18 § 1, 5-13-2003; Ord. No. 2011-10, 5-24-2011; Ord. No. 2013-35, 11-26-2013]
A. Intent. The intent of this district is to provide for low-density
residential development including those uses which are compatible
with residential neighborhoods. In the "R-1" Single-Family Dwelling
— Low-Density District, no building or premises shall be used
and none shall be hereafter erected or altered unless otherwise provided
in this Chapter, and all buildings erected or altered shall conform
to the following use, area and height regulations.
B. Permitted Uses.
2.
Group homes as defined in Article
II. Group homes shall be situated so that the property on which the group home is located is no closer than five hundred (500) feet from any other property on which a group home is located. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.
3.
Parks and playgrounds accessory to residential subdivisions.
5.
Signs as permitted by the current sign regulations.
6.
Home occupations as defined by Article
II of these regulations and permitted by Section
405.360.
7. Residential vacation rental.
[Ord. No. 2022-50, 1-10-2023]
C. Prohibited Uses. Mobile homes and any hotels, motels, and lodging
establishments not meeting the definition of a residential vacation
rental are prohibited in "R-1" Single-Family Dwelling Districts.
[Ord. No. 2022-50, 1-10-2023]
D. Special Uses. Golf courses, agricultural uses, schools, churches,
and similar uses shall require the issuance of a permit by the Planning
and Zoning Commission.
[Ord. No. 2017-39, 11-28-2017]
E. Architectural Design Standards. All dwellings must comply with the
following exterior architectural standards:
1.
The dwelling must have minimum dimensions of twenty-two (22)
feet in width and forty (40) feet in length.
2.
The dwelling must have a roof pitch of no less than four (4)
inches of vertical rise to each twelve (12) inches of horizontal run.
3.
The dwelling must have a roof overhang and/or eave projection
width of no less than twelve (12) inches exclusive of any guttering.
4.
The dwelling must be placed on a continuous and complete frost-protected
perimeter foundation of masonry, concrete, or comparable material
of the same appearance.
5.
The exterior wall covering shall be wood or masonry finish,
or its appearance, and/or vertically or horizontally grooved siding
or lap siding, or its appearance.
6.
The use of flat or corrugated sheet metal for the exterior walls
or roof covering is prohibited. This provision shall not include standing
seam or similar modern roofing materials.
7.
Stairs, porches, entrance platforms, ramps and other means of
entrance and exit to and from the dwelling must be installed or constructed
in accordance with the standards set by the adopted Building Code
and attached firmly to the primary structure and anchored securely
to the ground in accordance with such code.
8.
Appeals of determinations made by the Planning and Zoning Commission
concerning architectural design standards shall be reviewed by the
Board of Adjustment.
F. Public Services. All principal structures built hereafter within
the "R-1" District shall be served by and connected to public electric,
sewer and water systems, if such facilities can feasibly be connected
as determined by the City Engineer.
G. Height Regulations. Maximum structure height: thirty-five (35) feet.
H. Area Regulations (except as modified by the provisions of Article
V):
1.
Minimum Lot Area. Every single-family dwelling or residence
established shall provide a minimum lot area of nine thousand (9,000)
square feet.
2.
Minimum Lot Dimensions. The minimum width of a lot shall be
seventy-two (72) feet. The maximum depth shall not exceed three (3)
times the width of the lot.
3.
Yard Regulations.
a.
Front yard: twenty (20) feet.
b.
Side yard: ten percent (10%) of the lot width, except that such
side yard need not be more than fifteen (15) feet.
c.
Rear yard: minimum thirty (30) feet.
4.
Floor Area. Every dwelling hereafter erected, constructed, reconstructed,
or altered in District "R-1" shall have an area, excluding basements,
open and screened porches and garages, of not less than one thousand
one hundred (1,100) square feet of floor area.
I. Existing Lots.
1.
A residential structure may be erected on any lot located in
a subdivision which has been zoned "R-1" and a preliminary plat approved
by the Board of Aldermen at the effective date of these zoning regulations,
notwithstanding the limitations imposed by other provisions of these
regulations. For lots of record, such lot must be in separate ownership
and not of continuous frontage with other lots in the same ownership.
2.
For this provision only, the minimum lot area may be reduced
up to fifty percent (50%).
3.
For this provision only, the minimum width of a lot may be reduced
up to twenty-five percent (25%).
4.
For this provision only, the depth of the lot may be reduced
up to twenty-five percent (25%).
5.
All front, rear and side yard requirements shall be met unless
varied by the Board of Adjustment.
6.
All other requirements of these regulations shall be met.
7.
If two (2) or more lots or a combination of lots and portions
of lots with continuous frontage in single ownership are lots of record
at the effective date of the adoption of these regulations and if
all or part of the lots with no dwellings do not meet the requirements
established in the district for lot area and width, the lands involved
shall be considered to be a lot of record. No portion of the parcel
shall be used or sold in a manner which diminishes compliance with
the lot width and area requirements in these regulations.
[R.O. 1994 § 405.110; Ord. No.
94-8 Art. 4 § 2, 5-10-1994; Ord. No. 98-3 § 1, 2-10-1998; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2008-18, 5-27-2008; Ord. No. 2011-10, 5-24-2011]
A. Intent. The intent of this district is to provide a mechanism for
the use of platted lots on or before June 25, 2002, that because of
their size, their use is restricted.
B. Permitted Uses. Any lot applying for a special use permit classifying it as "R-1A" shall in all manners and respects comply with the requirements of "R-1" zoning in accordance with Section
405.100 of this Article, with the size of the lot being the only special condition.
C. Special Uses. Any lot platted on or before June 25, 2002, and zoned
"R-1" at the time of application may apply to the Planning and Zoning
Commission for a special use permit exempting its development from
the "R-1" use limitations and classifying it as "R-1A" and subjecting
it to the following guidelines.
D. Height Regulations. The maximum height of any structure constructed
on any lot applying for a special use permit classifying it as "R-1A"
shall not exceed thirty-five (35) feet.
E. Area Regulations. Except as modified by the provisions of Article
V, any lot applying for a special use permit classifying it as "R-1A" shall have a:
1.
Minimum lot area: four thousand (4,000) square feet.
2.
Minimum lot width: fifty (50) feet.
3.
Yard Regulations. Any lot applying for a special use permit
classifying it as "R-1A" shall have minimum setbacks as follows:
a.
Front yard: fifteen (15) feet.
b.
Side yard: ten percent (10%) of the lot width.
c.
Rear yard: ten (10) feet.
4.
Floor Area. The square footage of floor area of any structure
constructed on any lot applying for a special use permit classifying
it as "R-1A" shall be no less than eight hundred sixty-five (865)
square feet of habitable floor area.
[R.O. 1994 § 405.120; Ord. No.
94-8 Art. 4 § 3, 5-10-1994; Ord. No. 2001-10 § 1, 7-10-2001; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2011-10, 5-24-2011; Ord. No. 2013-35, 11-26-2013]
A. Intent. The "R-2" Two-Family Dwelling District is to provide for medium-density residential development between the "R-1" Single-Family and the "R-3" Multi-Family Districts. In the "R-2" Two-Family Dwelling District no building or premises shall be used and none shall be hereafter erected or altered unless otherwise provided in this Chapter, and all buildings erected or altered shall conform to the following use, area and height regulations, including the provisions of Section
405.100(E).
B. Permitted Uses.
3.
Parks and playgrounds accessory to "R-2" residential subdivisions.
4.
Signs as permitted by the current sign regulations.
6.
Home occupations as defined by Article
II of these regulations and permitted by Section
405.360.
7. Residential vacation rental.
[Ord. No. 2022-50, 1-10-2023]
C. Prohibited Uses. Mobile homes and any hotels, motels, and lodging
establishments not meeting the definition of a residential vacation
rental are prohibited in the "R-2" Two-Family Dwelling Districts.
[Ord. No. 2022-50, 1-10-2023]
D. Special Uses. Golf courses, agricultural uses, schools, churches,
and similar uses shall require the issuance of a permit by the Planning
and Zoning Commission.
[Ord. No. 2017-39, 11-28-2017]
E. Height Regulations. Maximum structure height: thirty-five (35) feet.
F. Area Regulations. (Except as modified by the provisions of Article
V):
1.
Minimum Lot Dimensions, Single-Family Dwelling. A lot on which
there is erected a single-family dwelling shall contain an area of
not less than six thousand five hundred (6,500) square feet. No lot
shall be less than sixty (60) feet in width; corner lots shall be
not less than seventy-five (75) feet in width.
2.
Minimum Lot Dimensions, Two-Family Dwelling. A lot on which
there is erected a two-family dwelling shall contain an area of not
less than three thousand five hundred (3,500) square feet per family.
No lot shall be less than sixty-five (65) feet in width; corner lots
shall be not less than eighty (80) feet in width.
3.
Yard Regulations.
a.
Front yard: twenty (20) feet.
b.
Side yard: ten (10) feet.
c.
Rear yard: twenty (20) feet.
4.
Minimum floor area: eight hundred sixty-five (865) square feet
of habitable floor area per family.
5.
Minimum Acreage Required For Rezoning. Applicants requesting
to rezone property to an "R-2" Two-Family Residential Zoning District
must have a minimum of five (5) acres or a number of lots that when
combined are equal to a minimum of five (5) acres in size.
G. Parking And Loading Regulations. Each dwelling unit shall comply with the off-street parking and loading regulations contained in Article
VI.
[R.O. 1994 § 405.130; Ord. No.
94-8 Art. 4 § 4, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2011-10, 5-24-2011]
A. Intent. The "R-3" Multi-Family Dwelling District is intended for the purpose of allowing high residential density land use with the commingling of compatible single-family and two-family dwellings, apartments, home occupations, community facilities and certain uses, yet retain the basic residential quality. In the "R-3" Multiple-Family Dwelling District no building or premises shall be used and none shall be hereafter erected or altered unless otherwise provided in this Chapter, and all buildings erected or altered shall conform to the following use, area and height regulations, including the provisions of Section
405.100(E).
B. Permitted Uses.
1.
Any use permitted in the "R-2" Two-Family Dwelling District.
2.
Boarding houses and lodging houses.
4.
Multiple-family dwellings.
5.
Accessory structures incidental and accessory to the above uses,
located on the same lot, and not involving a commercial business.
6.
Parks and playgrounds accessory to single-family, two-family,
multiple-family residential subdivisions.
7.
Home occupations as defined by Article
II of these regulations and permitted by Section
405.360.
8. Mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
C. Special Uses. Golf courses, agricultural uses, schools, churches,
modular or manufactured housing, tiny home cluster developments, and
similar uses shall require the issuance of a permit by the Planning
and Zoning Commission.
[Ord. No. 2017-39, 11-28-2017; Ord. No. 2020-30, 9-22-2020]
D. Height Regulations. Maximum structure height: One hundred twenty-six (126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section
405.130(C), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe, on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
E. Area Regulations (except as modified by the provisions of Article
V). All dwellings hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:
1.
Single-Family. A lot on which there is erected a single-family
dwelling shall contain an area of not less than six thousand five
hundred (6,500) square feet. No lot shall be less than sixty (60)
feet in width; corner lots shall be not less than seventy-five (75)
feet in width.
2.
Two-Family. A lot on which there is erected a two-family dwelling
shall contain an area of not less than three thousand five hundred
(3,500) square feet per family. No lot shall be less than sixty-five
(65) feet in width; corner lots shall be not less than eighty (80)
feet in width.
3.
Multiple-Family. A lot on which there is erected a multi-family
dwelling shall contain an area of not less than seven thousand five
hundred (7,500) square feet or two thousand five hundred (2,500) square
feet per family, whichever area is the larger, except that this regulation
shall not apply to dormitories or rooming and lodging houses where
no cooking is done in individual rooms or apartments. The Board of
Adjustment may increase the intensity of use for multi-family dwellings
by one (1) residential unit, if all of the following conditions can
be met:
a.
There is sufficient land area on the site to meet all other
requirements, including parking and setbacks;
b.
The additional unit permits a more economical design (e.g.,
an eight-plex rather than a seven-plex); and
c.
The variance may be used to achieve an even number of units
only.
4.
Lot Of Record. Where a single lot of record, as defined in Section
405.040, "Definitions," of these regulations, has less area than herein required and was recorded prior to the effective date of this regulation, that lot may be used only for single-family dwelling purposes.
5.
Lot Coverage. Multi-family uses shall not cover more than forty
percent (40%) of the lot area.
6.
Yard Regulations.
a.
Front yard: twenty (20) feet.
b.
Side yard: ten (10) feet.
c.
Rear yard: There shall be a rear yard for structures in this
district which shall have a depth of not less than twenty (20) feet
or twenty percent (20%) of the depth of the lot, whichever is smaller.
7.
Minimum Floor Area. Same as "R-2" except that for multi-family
residential units, there shall be five hundred seventy-five (575)
square feet of private, habitable floor area per family, provided
there are common activity areas, such as laundry areas, and eight
hundred sixty-five (865) square feet per family provided there are
no common activity areas.
F. Parking And Loading Regulations. Each dwelling unit shall comply with the off-street parking and loading regulations contained in Article
VI.
G. Not withstanding any other provisions of this Section
405.130 relating to a "R-3" District, or Section
405.210, relating to
a "PUD" District, or Section
405.180 relating to an "LMU-1" District, tiny home cluster developments may be approved by the Planning and Zoning Commission by special use permit provided the following minimum conditions are met:
[Ord. No. 2020-30, 9-22-2020]
1. All tiny homes must be connected to all available public utilities.
2. All cluster developments must comply with the lot setbacks. All tiny
homes shall maintain a minimum separation of ten (10) feet from other
tiny homes within the development. Flexible setbacks are permitted
from lot boundaries to enable functional site design, at the review
of the Planning and Zoning Commission.
3. The cluster development must be retained under common ownership,
including all tiny houses and common open spaces.
4. Each residential structure within a development should include at
least two (2) parking spaces, with no on-street parking in the development.
5. Structural requirements:
a. Minimum square footage shall not account for the required cooking
facilities, toilet facility areas, or lofts, which are required in
addition to the minimum clear floor area of one hundred twenty (120)
square feet for a single occupant and two hundred twenty (220) square
feet for two (2) occupants and three hundred twenty (320) square feet
for three (3) occupants. The maximum number of occupants shall not
exceed three (3).
b. Other habitable rooms must have not less than seventy (70) square
feet of floor area (except for kitchens).
c. Habitable rooms must not be less than seven (7) feet in any horizontal
dimension.
d. Ceiling heights must be a minimum seven (7) feet in habitable spaces,
hallways, bathrooms, and toilet rooms.
e. Ceiling height effect on floor area: Portions of a sloped ceiling
measuring less than five (5) feet or a furred ceiling measuring less
than seven (7) feet from the finished floor; floor areas below these
ceilings shall not be permitted to contribute to the minimum required
habitable area for that room.
f. Tiny houses shall be provided with a kitchen sink, cooking appliances
and refrigeration facilities each providing the minimum clear working
space of thirty (30) inches in front.
6. Units shall meet the means of egress requirements of IRC R311.1 and
the Emergency Escape and Rescue opening provisions of IR310.1.1: Minimum
opening area, height, width, and operational constraints.
7. Stairways shall not be less than thirty-six (36) inches wide, have
a maximum eight-inch riser and nine-inch tread. Ladders/ship ladders
are not approved.
[R.O. 1994 § 405.140; Ord. No.
94-8 Art. 4 § 5, 5-10-1994; Ord. No. 2011-10, 5-24-2011]
A. Intent. It is the intent of this district to provide medium density
manufactured home park development which is compatible with the character
of the surrounding neighborhood in which it is located. Manufactured
home parks are considered as a residential use and should be located
in areas where services and amenities are available such as those
found in conventional residential areas.
B. Permitted Uses.
1.
Single-family manufactured and mobile homes.
a.
No mobile home unit in excess of four (4) years of age (as identified
by title of such unit) shall be allowed to be placed in this district.
b.
No additions will be permitted to be attached to existing mobile
home units, classified as such by Section 700.111, RSMo.; except that
unattached permanent roofs constructed in compliance with the City
of Lake Ozark Municipal Codes shall be allowed, as shall unattached
decks and porches.
2.
Public recreation areas and facilities.
3.
Parks and playgrounds accessory to manufactured home parks.
4.
Accessory buildings typically found with the above permitted
uses.
5.
Signs as permitted by the current sign regulations.
C. Special Uses.
1.
Schools, public or private.
3.
Public utility facilities, excluding repair, storage and business
facilities.
D. Prohibited Uses. Unless a use is specifically listed elsewhere in
this Section, such use shall be considered prohibited in any manufactured
home community. The following uses are expressly prohibited in any
manufactured home community:
1.
Nightly or weekly rentals of any nature.
3.
Any use considered commercial in nature.
E. Intensity Of Use Regulations.
1.
Minimum park area: three (3) acres.
2.
Minimum park width: two hundred twenty-five (225) feet.
F. Height Regulations. Maximum structure height: twenty (20) feet.
G. Yard Regulations. Except as modified by the provisions of Article
V, minimum yard depths for each manufactured home space shall be as follows:
1.
Front yard: ten (10) feet.
2.
Side yard: ten (10) feet.
3.
Rear yard: fifteen (15) feet.
H. Use Limitations. Each manufactured home park shall be designed in
accordance with all City Codes and to the following minimum design
standards.
I. Minimum Design Standards.
1.
The park shall be located on a well-drained site, properly graded
to insure rapid drainage and freedom from stagnant pools of water.
2.
Manufactured home parks hereafter approved shall have a maximum
density of eight (8) manufactured homes per gross acre and a minimum
area of five thousand (5,000) square feet shall be provided for each
manufactured home space.
3.
Each manufactured home space shall be at least fifty (50) feet
wide and be clearly defined.
4.
All manufactured homes and additions thereto shall be so located
to maintain a clearance of not less than twenty (20) feet from another
manufactured home or twenty-five (25) feet from any permanent structure
within the park.
5.
All manufactured home spaces shall front upon a private roadway
of not less than twenty-five (25) feet in width, including curbs on
each side; provided, however, that no on-street parking is permitted.
If parallel parking is permitted on one (1) side of the street, the
width shall be increased to thirty (30) feet and if parallel parking
is permitted on both sides of the street, the width shall be increased
to thirty-six (36) feet. All roadways shall have unobstructed access
to a public street.
6.
All roadways and sidewalks within the manufactured home park
shall be of all-weather surfacing and shall be adequately lighted
at night.
7.
A community structure may be provided which may include recreation
facilities, laundry facilities and other similar uses.
8.
The perimeter of all manufactured homes shall be fully skirted.
9.
A storm shelter shall be required, big enough to accommodate
all of the residents, based on no fewer than three (3) persons per
manufactured home space.
10.
Sidewalks shall be required on one (1) side of all streets.
11.
Landscaping shall be shown on the development plan.
12.
All roadways shall meet the design standards as adopted by the
City for private streets in manufactured home parks.
13.
A structure permit for the park shall be obtained before moving
a manufactured home into an "M-P" district.
J. Water Supply.
1.
Water shall be supplied to the park by a public water system.
2.
The size, location and installation of water lines shall be
in accordance with the requirements of the Building Codes of the City.
3.
Individual water service connections shall be provided at each
manufactured home space.
K. Sewage Disposal. Individual sewer connections shall be provided for
each manufactured home space and shall be installed in accordance
with the Building Codes of the City. A public sewer system shall be
used.
L. Tie-Downs And Ground Anchors. All manufactured homes shall be secured
to the ground by tie-downs and ground anchors in accordance with the
Manufactured Home and Recreational Vehicle Code.
M. Electrical. Each manufactured home space shall be provided with an
individual electrical service supply which shall be installed in accordance
with the Electric Code of the City and requirements of the electric
supplier.
N. Gas. Natural gas or propane hookups, when provided, shall be installed
in accordance with the Building Codes of the City and the regulations
of the gas supplier.
O. Refuse And Garbage Handling. Storage, collection and disposal of
refuse in a park shall be in accordance with City Code.
P. Blocking. All manufactured homes shall be blocked at a maximum of
ten-foot centers around the perimeter of each manufactured home in
accordance with the Manufactured Home and Recreational Vehicle Code
and in accordance with the manufacturer's guidelines.
Q. Pad Requirements. Shall be a flexible surface with a minimum of five-inch
thick gravel, stone or compacted surface, treated to discourage plant
growth, constructed to discharge water and edged to prohibit fraying
or spreading of surfacing materials; or shall be of a hard surface
of a minimum of two (2) eighteen-inch wide concrete ribbons or slabs
capable of carrying the weight and of sufficient length to support
all blocking points of the manufactured home.
R. Application Requirements.
1.
An applicant for "M-P" Manufactured Home Park District shall
prepare or cause to be prepared a preliminary manufactured home park
plan drawn to a scale of not less than one (1) inch equals one hundred
(100) feet, and twenty (20) copies of said plan shall be submitted
to the Planning and Zoning Commission for its review and recommendations.
Said plan shall be designed in accordance with the minimum design
standards herein and shall have contours shown at two-foot intervals.
2.
Upon approval of the preliminary manufactured home park plan
by the Planning and Zoning Commission, the applicant shall prepare
and submit a final plan which shall incorporate any changes or alterations
requested. The final plan and the Planning and Zoning Commission recommendation
shall be forwarded to the Governing Body for their review and final
action.
3.
Any substantial deviation from the approved plan, as determined
by the Zoning Administrator, shall constitute a violation of these
regulations. Changes in plans shall be resubmitted for reconsideration
and approval by the Planning and Zoning Commission and Governing Body
prior to the occupancy of the manufactured home park.
4.
Construction of an approved manufactured home park shall begin
only after the use permit has been granted by the Governing Body.
[R.O. 1994 § 405.160; Ord. No.
94-8 Art. 4 § 7, 5-10-1994; Ord. No. 2007-02, 3-13-2007; Ord. No. 2011-10, 5-24-2011]
A. Intent. The intent of this district is to provide a zone which will
accommodate the broad range of retail shopping activities and office
uses that are normally found in the core area of a City and where
development is allowed up to the property lot line.
B. Permitted Uses.
4.
Bank and financial institution.
6.
Clothing and shoe stores.
9.
Furniture and decor stores.
10.
General merchandise, department and variety store.
16.
Photographic and portrait studios.
17.
Professional and general offices except medical services, clinics,
and laboratories.
18.
Radio and television studios.
19.
Restaurants and drinking places.
20.
Theatres; motion picture, theatrical, musical.
21.
Tour operators, except air tours.
23.
Multiple-family dwellings in conjunction with commercial retail
space**.
24.
Other retail, professional, and entertainment establishments
deemed by the Planning and Zoning Commission to be in character with
the zoning district. The character of such uses shall be held so as
to provide for the needs, goods, convenience, shopping, and limited
professional and personal services of the people of Lake Ozark and
its vicinity.
C. Multiple-family dwelling units shall generally be permitted in the "C-1" Zoning District, provided that such dwelling units comply with all other requirements of the City's Code for multifamily dwelling units, including, but not limited to, those contained in Section
405.130 and the Building and Fire Codes of the City.
However, any multiple-family dwelling units that are built within one hundred fifty (150) feet of the Bagnell Dam Boulevard right-of-way shall only be permitted in the "C-1" Zoning District on the second or higher floor of a building two (2) stories or more above street grade. The street level floor shall be a permitted commercial use only. Commercial and residential mixed-use buildings shall provide off-street parking for each residential unit in accordance with the off-street parking and loading regulations contained in Article
VI of these regulations and shall comply with the adopted Building and Fire Codes of the City.
[Ord. No. 2020-25, 8-25-2020]
D. Special Uses.
1.
Accessory structures used for commercial purposes and incidental
to permitted uses.
3.
Amusement parlor, amusement park or theme park.
4.
Commercial amusement and recreation.
5.
Marinas and boat sales in conjunction with marinas.
9.
Recycling collection and sorting, except processing.
E. Prohibited Uses. The principal intention of the "C-1" District is
to provide such convenience and service without serious harm or interference
to nearby "R" Residential Districts. Any retail activity, commercial
recreation or amusement, and limited personal or professional service
would be normally permitted except:
1.
Adult entertainment, novelties, or books.
2.
Animal hospital or clinic.
3.
Auto salvage and wrecking.
4.
Building materials and garden supplies.
5.
Construction equipment rental and leasing.
6.
Manufacturing, warehousing, and storage.
8.
Medical marijuana facilities (all inclusive).
[Ord. No. 2019-15, 6-25-2019]
9.
Mobile or manufactured home sales or dealers.
11.
Vehicle repair or services.
13.
All establishments not mentioned as "Special Uses Permitted."
F. Height Regulations. Maximum structure height: One hundred twenty-six ( 126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section
405.160(D), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe , on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
G. Area Regulations (except as modified by the provisions of Article
V):
1.
Lot Area.
a.
Minimum lot area: ten thousand (10,000) square feet.
2.
Yard Regulations.
a.
Minimum front yard: none.
c.
Minimum rear yard: twenty (20) feet when adjacent to a residential
district; otherwise none.
3.
Building Area.
a.
Commercial Buildings. In no case shall the minimum square footage
of each building be less than seven hundred fifty (750) square feet
of building space.
b.
Residential Units. For multi-family residential units, there
shall be five hundred seventy-five (575) square feet of private, habitable
floor area per family, provided there are common activity areas, such
as laundry areas, and eight hundred sixty-five (865) square feet per
family provided there are no common activity areas.
H. Use Limitations.
1.
No outdoor storage, except the display of merchandise for sale
to the public on private property, shall be permitted. Any merchandise
stored outside which is determined by the Zoning Administrator as
material which is not for sale to the public shall be screened or
enclosed to the extent that it cannot be seen from off the property.
2.
Exterior lighting fixtures shall be shaded so that no direct
light is cast upon any residential property and so that no glare is
visible to any traffic on any public street.
3.
All parking and entrances shall be paved with concrete or asphalt.
I. Parking And Loading Regulations. Each residential unit or use shall comply with Subsection
(C) above and each commercial use shall comply with Section
405.390 of Article
VI, Off-Street Parking and Loading.
J. Site Plan Review. Development in the "C-1" District shall be subject
to site plan review requirements and procedures.
[R.O. 1994 § 405.170; Ord. No.
94-8 Art. 4 § 8, 5-10-1994; Ord. No. 2002-01 § 1, 1-22-2002; Ord. No. 2003-01 § 1, 1-28-2003; Ord. No. 2007-02, 3-13-2007; Ord. No. 2011-10, 5-24-2011]
A. Intent. The intent of this district is to provide a zone for those
commercial uses which are intensive in nature and which require large
lots and direct access to major streets.
B. Permitted Uses.
1.
Any use permitted in a "C-1" District.
2.
Any use permitted in an "R-3" District, dwellings must comply with Section
405.100(E).
3.
Automobile, trucks, and recreational vehicle sales and services.
4.
Business services, except construction equipment rental and
leasing.
8.
Gasoline service stations, including minor vehicle repair.
11.
Laundry and dry cleaners.
12.
Lumberyard, building materials, and garden supply stores.
14.
Medical marijuana dispensary, provided that no medical marijuana
dispensary facility shall be permitted within two hundred (200) feet,
measured from property line to property line, of any religious institution,
elementary or secondary school, or child daycare facility.
[Ord. No. 2019-15, 6-25-2019]
15.
Medical services, clinics, and laboratories.
16. Mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
18.
Pet shop, animal hospital or clinic.
21.
Schools, public or private.
24.
Tour operators, including air tours.
25.
Transportation, except airports.
26.
Winery.
[Ord. No. 2020-42, 12-8-2020]
27.
Other retail, professional, entertainment, and business services
or establishments deemed by the Planning and Zoning Commission to
be in character with the zoning district. The character of such uses
shall be held so as to provide for the needs, goods, convenience,
shopping, and professional, business, and personal services of the
people of Lake Ozark and its vicinity.
C. Special Uses.
1.
Accessory structures used for commercial purposes.
2.
Amusement parlor, amusement park or theme park.
3.
Auto body repair and paint shops, paint booths.
4.
Commercial amusement and recreation.
5.
Industrial winery.
[Ord. No. 2020-42, 12-8-2020]
6.
Medical marijuana cultivation facility, medical marijuana-infused
products manufacturing facility and medical marijuana testing facility,
subject to the following:
[Ord. No. 2019-15, 6-25-2019]
a. Properties proposed to contain above-referenced facilities allowed
by special use permit must be within the previously established zone,
and meet the following additional requirements:
(1)
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child daycare facility.
(2)
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "C-1" that contain a previously
established residential use.
(3)
Comply with parking requirements as provided for in Section
405.420(A)(2)(i) of the Code of the City of Lake Ozark.
8.
Recycling collection and sorting, except processing.
9.
Residential or outpatient facilities for the treatment of alcohol
or drug abuse.
10.
Vehicle mechanical repair shops and garages.
11.
Wholesale; storage and sales office operation.
D. Prohibited Uses.
1.
Adult entertainment, novelties, books.
2.
Auto salvage and wrecking.
3.
Manufacturing, fabrication, assembly, packaging, or warehousing.
4.
Mobile or manufactured home sales or dealers.
5.
Quarry or mining operations.
E. Height Regulations. Maximum structure height: One hundred twenty-six (126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section
405.170(C), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe, on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
F. Area Regulations (except as modified by the provisions of Article
V).
1.
Lot Area.
a.
Minimum lot area: ten thousand (10,000) square feet.
b.
Minimum lot width: sixty (60) feet.
c.
The minimum lot area for structures erected or altered for residential
dwelling purposes shall be the same as those in the "R-3" Multiple-Family
District.
2.
Yard Regulations. Except as modified by the provisions of Article
V, minimum yard depths shall be as follows:
a.
The minimum yard areas for structures erected or structurally
altered for commercial uses shall be:
(1) Front yard: ten (10) feet. If the front yard area
is to be utilized for parking, the front yard setback shall be forty-five
(45) feet.
(2) Side yard: five (5) feet; ten (10) feet if abutting
a residential district.
(3) Rear yard: twenty (20) feet.
b.
The minimum yard area for structures erected or structurally
altered for residential dwelling purposes shall be the same as those
in the "R-3" Multiple-Family District.
3.
Building Area.
a.
The minimum square footage of a building erected for commercial
use shall be seven hundred fifty (750) square feet.
b.
The minimum square footage of a building erected or altered
for residential dwelling purposes shall be the same as those in the
"R-3" Multiple-Family District.
G. Use Limitations.
1.
No outdoor storage, except the display of merchandise for sale
to the public on private property, shall be permitted. Any merchandise
stored outside which is determined by the Zoning Administrator as
material which is not for sale to the public shall be screened or
enclosed to the extent that it cannot be seen from off the property.
2.
Exterior lighting fixtures shall be shaded so that no direct
light is cast upon any residential property and so that no glare is
visible to any traffic on any public street.
3.
All parking and entrances shall be paved with concrete or asphalt.
H. Parking And Loading Regulations. Each residential or commercial use shall comply with the off-street parking and loading regulations contained in Article
VI.
I. Site Plan Review. Development in the "C-2" District shall be subject
to site plan review requirements and procedures.
[R.O. 1994 § 405.180; Ord. No.
2011-10, 5-24-2011]
A. Intent. The intent of this district is to provide a broad range of
lakefront commercial and residential land uses.
B. Permitted Uses. Any use permitted in an "R-3" Multiple-Family Dwelling
District, hotels and motels, marine-related commercial operations,
mobile food vending, lakefront eating and drinking places and similar
water-related uses are permitted.
[Ord. No. 2021-31, 7-27-2021]
D. Special Uses. Other uses not mentioned as "Permitted Uses" that are
deemed compatible by the Planning and Zoning Commission shall be allowed
by issue of a permit from the Planning and Zoning Commission.
E. Prohibited Uses. All uses not mentioned as "Permitted Uses" or "Special
Uses."
F. Height Regulations. Maximum structure height: One hundred twenty-six (126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section
405.180(C), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe, on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
G. Area Regulations. Except as modified by the provisions of Article
V.
1.
Lot Area.
a.
Single-Family, Two-Family, Multiple-Family Residential. The
minimum lot area for structures erected or altered for residential
dwelling purposes shall be the same as those in the "R-3" Multiple-Family
Dwelling District.
b.
Commercial.
(1) Minimum lot area: six thousand (6,000) square feet.
(2) Minimum lot width: sixty (60) feet.
2.
Lot Of Record. Where a single lot of record, as defined in Section
405.040, Definitions, of these regulations, has less area than herein required and was recorded prior to the effective date of this regulation, that lot may be used only for single-family dwelling purposes.
3.
Lot Coverage. Multi-family uses shall not cover more than forty
percent (40%) of the lot area.
4.
Yard Requirements.
a.
Residential — Single-Family, Two-Family And Multi-Family.
(1) Front yard: twenty (20) feet.
(2) Side yard: ten (10) feet.
(3) Rear yard: twenty (20) feet.
b.
Commercial.
(1) Front yard: twenty-five (25) feet.
(2) Side yard: ten (10) feet.
(3) Rear yard: twenty-five (25) feet.
5.
Minimum Floor Area.
a.
Single-Family And Two-Family Residential. Minimum floor area:
minimum of eight hundred sixty-five (865) square feet of habitable
floor area per family.
b.
Multi-Family Residential. Minimum floor area: For multi-family
residential units, there shall be five hundred seventy-five (575)
square feet of private habitable floor area per family provided there
are common activity areas such as laundry areas and eight hundred
sixty-five (865) square feet per family provided there are no common
activity areas.
c.
Commercial. Minimum floor area: For commercial uses there shall
be a minimum of seven hundred fifty (750) square feet of building
space.
H. Parking And Loading Regulations. Each residential or commercial use shall comply with the off-street parking and loading regulations contained in Article
VI.
I. Use Limitations.
1.
Commercial.
a.
No outdoor storage except the display of merchandise for sale
to the public on private property shall be permitted. Any merchandise
stored outside which is determined by the Zoning Administrator as
material which is not for sale to the public shall be screened or
enclosed to the extent that it cannot be seen from off the property.
b.
Exterior lighting fixtures shall be shaded so that no direct
light is cast upon any residential property and so that no glare is
visible to any traffic on any public street.
c.
All parking and entrances shall be paved with concrete or asphalt.
J. Site Plan Review. Multi-family residential development and commercial
development shall be subject to site plan review requirements and
procedures.
[R.O. 1994 § 405.190; Ord. No.
2007-01, 3-13-2007; Ord. No. 2011-10, 5-24-2011]
A. Intent And Purpose Of District. The "CR-3" Mixed Commercial-Residential
District is intended for the purpose of allowing high density commercial
and multi-family residential use within the same building or complex
adjacent to either "C-2" commercial zoning, or "R-3" residential zoning,
and to preserve and to provide transitional values and regulations
between the two.
B. Permitted Uses. Limited commercial and multi-family residential uses
are permitted as deemed compatible by the Planning and Zoning Commission.
1.
Multiple-family dwellings.
2.
Banks and financial institutions.
4.
Book and stationery stores.
10.
Furniture and home furnishings stores.
12.
Medical services and clinics.
15.
Physical fitness facilities.
16.
Professional and general offices.
17.
Restaurants and drinking places.
18.
Retail apparel and accessory stores.
C. Special Uses. Other uses not mentioned as "permitted uses" that are
deemed compatible by the Planning and Zoning Commission shall be allowed
by issue of a permit from the Planning and Zoning Commission.
D. Prohibited Uses. All uses not mentioned as "permitted uses" or "special
uses."
E. Height Regulations. Maximum structure height (figured from the average
street elevation adjacent and in front of said structure or complex)
shall be one hundred (100) feet. Provided;
1.
There is sufficient land area on the site to meet all other
requirements, including parking and setbacks;
2.
And that the terms and conditions of this Section do not conflict
with the City's view preservation ordinance.
F. Area Regulations.
1.
Lot Area.
a.
Minimum lot size shall not be less than the greater of ten thousand
(10,000) square feet or fifteen hundred (1,500) square feet per family
dwelling unit and one thousand (1,000) square feet per commercial
unit.
2.
Yard Regulations.
a.
Front yard: twenty (20) feet.
b.
Side yard: thirty (30) feet.
c.
Rear Yard. There shall be a rear yard for structures in this
district which shall have a depth of not less than twenty (20) feet
or twenty percent (20%) of the depth of the lot, whichever is smaller.
3.
Building Area.
a.
Residential Units. For multi-family residential units, there
shall be five hundred seventy-five (575) square feet of private, habitable
floor area per family, provided there are common activity areas, such
as laundry areas, and eight hundred sixty-five (865) square feet per
family provided there are no common activity areas.
G. Loading And Unloading Regulations. See the Article on parking and
loading regulations.
H. Parking Regulations. The parking requirements for this district shall
be as follows: two (2) parking spaces for each residential dwelling
unit, plus one (1) additional parking space for each one hundred (100)
square feet of commercial space if such commercial space is either
an eating or drinking business; and/or one (1) additional space for
each two hundred (200) square feet for commercial professional services
businesses; and/or one (1) additional space for each three hundred
(300) square feet of commercial space if such business space is non-specified
commercial.
I. Sign Regulations. See Article on sign regulations.
J. Use Limitations.
1.
Development in the "CR-3" District shall be subject to site
plan review requirements and procedures.
2.
Development shall include at least one (1) floor of commercial
space, or minimum twenty-five percent (25%) commercial space, and
shall not exceed seventy-five percent (75%) residential space. The
development may be more than one (1) floor of commercial space, not
to exceed fifty percent (50%) of total area of the structure or complex.
The street level floor shall be required to be a permitted commercial
use.
3.
The side setbacks area adjacent to the structure or complex
shall be subject to the following restrictions:
a.
Beginning thirty (30) feet in front of the structure(s) on both
sides of the building (as it faces the street) and extending thirty
(30) feet beyond the building shall be paved and restricted as a fire
lane.
b.
No other structures, other than water, sewer or other underground
utilities, may be placed within this restricted area.
c.
At least one (1) entrance thirty (30) feet wide shall be required,
with sufficient radius required to allow the entrance of fire vehicles
with elevated stream capacities to access for fire protection.
d.
If the complex or structure has more than one (1) entrance such that access is allowed to three (3) sides of the building for fire suppression, without the thirty-foot setback restriction, Subsection
(E)(2) and Subsection
(J)(3)(a) requirements may be fully or partially waived by the Planning and Zoning Commission and such side setbacks may be reduced to ten (10) feet.
4.
Exterior lighting fixtures shall be shaded so that no direct
light is cast upon residential property, and such that no visible
glare affects any traffic on an adjacent public street.
5.
No outdoor storage shall be allowed.
6.
A traffic study by a competent traffic engineer may be required
for approval.
7.
All parking and entrances shall be paved with concrete or asphalt.
[R.O. 1994 § 405.200; Ord. No.
94-8 Art. 4 § 11, 5-10-1994; Ord. No. 2011-10, 5-24-2011]
A. Intent. The intent of the district is to permit industrial uses that
are not obnoxious due to appearance, noise, emissions or odor, that
do not require intensive land coverage and that can be compatibly
developed with adjacent districts through site plan review.
B. Permitted Uses.
1.
Any use or special use permitted in a "C-2" District, except
residential uses.
5.
Fabrication, assembly, or packaging.
6. Mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
7.
Mobile or manufactured home sales or dealers.
9.
Warehousing, trucking, and storage.
11.
Similar uses deemed by the Planning and Zoning Commission to
be compatible and in character with other uses in the district.
C. Special Uses.
1.
Adult entertainment, novelties, books.
2.
Auto salvage and wrecking.
3.
Industrial winery.
[Ord. No. 2020-42, 12-8-2020]
4.
Light manufacturing, chemicals.
5.
Medical marijuana cultivation facility, medical marijuana-infused
products manufacturing facility and medical marijuana testing facility,
subject to the following:
[Ord. No. 2019-15, 6-25-2019]
a. Properties proposed to contain above-referenced facilities allowed
by special use permit must be within the previously established zone,
and meet the following additional requirements:
(1)
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child daycare facility.
(2)
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "C-1" that contain a previously
established residential use.
(3)
Comply with parking requirements as provided for in Section
405.420(A)(2)(i) of the Code of the City of Lake Ozark.
6.
Quarry or mining operations.
D. Height Regulations. Maximum structure height: seventy-five (75) feet.
E. Area Regulations.
1.
Lot Area.
a.
Minimum Lot Area. Subject to site plan review.
b.
Minimum Lot Width. Subject to site plan review.
2.
Yard Regulations. Except as modified by the provisions of Article
VI, minimum yard depths shall be as follows:
a.
Front yard: thirty-five (35) feet.
b.
Side yard: the total of side yards shall be not less than ten
(10) feet, except that no side yard shall be less than ten (10) feet
and no less than twenty (20) feet when abutting a street or residential
district.
c.
Rear yard: thirty (30) feet.
F. Use Limitations.
1.
All storage of materials, products or equipment, except those
related to or used for agricultural research, testing and/or analysis
purposes, shall be within a fully enclosed building or in an open
yard so screened that the materials stored are not clearly visible
within one thousand (1,000) feet of the property line.
2.
A solid or semi-solid fence or wall at least six (6) feet, but
not more than eight (8) feet, high and having a density of not less
than seventy percent (70%) per square foot shall be provided adjacent
to an adjoining residential district unless the adjacent residential
district and the industrial district are separated by a street right-of-way.
Said fence or wall shall be maintained in good condition by the owner
or owners of the property in the "M-1" District.
3.
No structure shall be used for residential purposes except that
a watchman may reside on the premises.
4.
Facilities Used For Agricultural Research, Testing And/Or Analysis.
In agriculture-related research facilities, the following use limitations
shall apply:
a.
Operations required to be conducted outside a fully enclosed
building shall be conducted in controlled outdoor areas.
b.
A private street network shall be allowed where comprehensive
control of a large industrial site is required for safety or security
reasons and where no unsecured access to the site is afforded the
public.
c.
Private roadways for certain agricultural-related research and
development activities may be improved with an all-weather surface
other than asphalt or concrete such as gravel or stone. They shall
be designed to permit surface drainage without erosion of adjacent
land and shall be provided with dust control.
G. Site Plan Review. Development in the "M-1" District shall be subject
to site plan review requirements and procedures.
[R.O. 1994 § 405.210; Ord. No.
2011-10, 5-24-2011]
A. Purpose. The Planned Unit Development ("PUD") provides for project
variety and diversity in any future land use category through the
process established in this Section. Special consideration will be
given to development applications which do not abut existing residential
neighborhoods. Development flexibility is provided in exchange for
ongoing community benefits that achieve the following purposes:
1.
To encourage a mix of different land uses which result in:
a.
Commercial, office, recreational and educational facilities
conveniently located to residential uses;
b.
Economic benefits to the public due to efficient use of land
and of public and private services;
c.
Lessen the burden of traffic on streets, roads and highways;
d.
Commercial, institutional and employment based land uses, accessible
to residential land uses by multiple modes of transportation, including
walking, biking, transit or automobiles; or
e.
Increased public open spaces in higher density residential and
mixed-use settings.
2.
To encourage innovations in residential, commercial, recreational
and industrial development and redevelopment which:
a.
Results in better management of or reduction in the environmental
impacts of development on the surrounding community; or
b.
Relates the type, design and layout of residential, commercial,
recreational and industrial development to the particular site, thereby
encouraging preservation of important natural and environmental characteristics
of the site.
3.
To allow flexibility in the application of the zoning requirements
regarding bulk, setbacks, lot sizes and open space due to unique physical
conditions of a particular site while ensuring that such flexibility
will not be used in a manner that distorts the objectives of these
regulations.
B. Open Space And Screening. If by majority vote of the Planning and
Zoning Commission, and subsequently a majority vote of the Board of
Aldermen, or separately by a majority vote of the Board of Aldermen,
it is their decision that open space and setbacks requirements are
not sufficiently met by the uniqueness of the plan and the total plan
provisions to common space, integrity between uses and provisions
for amenities, then the following provisions may be required:
1.
Open Space. A residential planned unit development shall be
required to reserve not less than twenty percent (20%) of the total
planned land area for usable open space.
2.
Screening. In cases where businesses or industrial uses abut
a residential district or residences in a "PUD," screening shall be
provided adjacent to said district or residences.
C. Traffic Study. The City may also require a traffic study by a competent
traffic engineer and subsequent fees for such service by the applicant.
Such service, where required, would include the estimated cost for
such service to be deposited in advance of consideration and subsequent
final approval of the plan.
D. Damage Deposit. The City may also require a damage deposit for repairs,
should the City deem that construction activity is apt to cause street
or other infrastructure damage during construction. Either an insurance
bond or deposit, for the estimated exposure, shall be acceptable,
should the City require such.
E. Landscaping. As greenery and natural viewscape is a valuable consideration
and preservation of community values, low maintenance landscaping
and such type scapes will undergo a critical review and may not be
approved as part of a "PUD" plan.
F. Fees. The fee for any "PUD" application shall be an amount as set forth in Section
405.920 of this Chapter.
G. Minimum District Size. A site proposed for a planned unit development
shall contain a contiguous area of ten (10) acres or more. Property
is contiguous if all parts are under unified control and abut or are
separated only by a road, easement or right-of-way.
H. District Additions. Additions to existing planned unit developments
shall have no minimum size provided that:
1.
The addition is contiguous with the original planned unit development;
2.
The addition can be fully integrated in function, operation
and aesthetics into the original planned unit development; and
3.
The addition is subject to all approval standards of the original
planned unit development.
I. Shoreline Preservation. In addition to minimum standards for district
size, there shall also be a minimum setback requirement of one hundred
(100) feet from the six-hundred-sixty-foot contour level for permanent
building for those applications abutting the Lake of the Ozarks. The
setback area may be used for such purposes as non-roofed common areas,
such as pools and green space. Irrigation facilities or roofed, open
condolas may be considered contingent on size approval by the Board.
The setback area shall also include and be required to maintain a
minimum ten (10) four-inch-to-six-inch trees or five (5) old growth
trees, ten (10) inches or larger, per ten thousand (10,000) square
feet of the setback area, or ratio thereof, scattered and random throughout
the area, to enhance and preserve the shoreline view.
J. Signs. All on-premises and off-premises advertising signs shall comply with the sign regulations contained in Article
VII.
K. Permitted Uses. Any use specifically authorized in a zoning district
may become part of a planned unit development, provided the Board
of Aldermen finds the use compatible with the existing and planned
uses in the development and on adjacent properties.
L. Special Uses. All uses allowed by special use permit may become part
of a planned unit development, provided that all of the procedures
and requirements for that special use are met, which shall include:
1.
Such special use shall be by written permit that shall contain
the terms, times and conditions approved in such permit; and
2.
That such permit shall not be allowed except and until after
a public hearing for such purposes; and
3.
Such public hearing may be held in conjunction with the original
application for the "PUD" if the special uses are clearly and specifically
set forth in writing at the time of application.
M. Adoption And Modification Of Authorized Uses. The Board of Aldermen,
at the time of adoption of an ordinance establishing a "PUD," shall
list the uses that are authorized by right and by special use permit.
All authorized uses shall be subject to applicable permit and approval
processes established in these regulations. Modification of the authorized
use lists for any "PUD" shall be processed pursuant to a rezoning
application.
N. Development Standards. Planned unit developments shall comply with
the standards for the zoning district most closely associated with
each proposed use, except where the City finds that public or private
amenities provided by the proposed development exceed those that would
be achieved through development that strictly complies with the minimum
standards of the zoning districts. It is anticipated that uniform
design standards shall be adopted for the entire "PUD" District as
the Planning and Zoning Commission may require. It may also be required
by the Planning and Zoning Commission that a blight study compatible
with TIF regulations for blight studies be performed for the intended
development before approval.
O. Modification Of Standards.
1.
Mixed-Use "PUD." A mixed-use "PUD" shall include at least two
(2) land uses which are not allowed together in any single zoning
district, and each use must account for at least twenty-five percent
(25%) of the land area. The remaining fifty percent (50%) of the land
area may be used for any use approved through the plan. Any mixed-use
"PUD" may modify the zoning district standards as follows:
a.
Residential Density And Non-Residential Intensity. Residential
density and non-residential floor area ratios may, in the discretion
of the Planning and Zoning Commission and Board of Aldermen, be increased
by up to ten percent (10%) of the regular district standards if the
"PUD" contains:
(1) A mix of housing types, including single-family,
two-family and multi-family integrated throughout the "PUD";
(2) Uses, designed within convenient walking distance
of the majority of residences, that commonly and customarily support
the residential neighborhoods such as a neighborhood grocery store,
a neighborhood hardware store, personal, services, recreational facilities
and public institutions;
(3) Increased open space and parks, accessible throughout
the "PUD" for active or passive recreation;
(4) Transportation amenities, including walking trails,
bicycle trails or lanes, and transit facilities;
(5) A street layout that provides multiple connections
and access points for all of the various uses and provides multiple
route options between the various uses;
(6) Architectural standards that assure the compatibility
of the different types of residential uses and of the residential
and non-residential uses; or
(7) Any other provisions in excess of the minimum standards
that the Planning and Zoning Commission and Board of Aldermen determine
necessary to add to the public benefit and offset the increase in
density;
(8) Hotel and convention facilities.
b.
Dimensional Standards. Dimensional standards such as setbacks,
building height, lot area may be modified if the applicant can demonstrate
that:
(1) Buildings can be designed safely and compatibly
with lesser setbacks;
(2) Modification of the dimensional standards is offset
by readily accessible public, private or common open space; and
(3) All buildings are provided with adequate emergency
access for fire protection, emergency medical technicians or other
public safety concern.
c.
Parking and landscape requirements are subject to the applicable
City of Lake Ozark municipal codes.
d.
The adopted building code of the City of Lake Ozark shall not
be varied or modified in any manner by the adoption of a "PUD." Any
modification of the building code shall be by the procedures set forth
in that code.
2.
Single-Use "PUD." A "PUD" which contains only uses which could be authorized in a single zoning district or any plan not meeting the requirements of a mixed-use "PUD" in Subsection
(O)(1) above may modify the zoning district standards subject to the following:
a.
The modification will only be allowed for:
(1) Innovations in site development which result in
less or better management of the environmental impacts of development
on the surrounding community, or which allow preservation of important
natural and environmental characteristics of the site by incorporating
them into the site design; or
(2) To allow flexibility in the application of the
zoning requirements due to unique physical conditions of a particular
site, while ensuring that such flexibility will not be used in a manner
that distorts the objectives of these regulations.
b.
Dimensional Standards. Dimensional standards such as setbacks,
building height, lot area may be modified if the applicant can demonstrate
that:
(1) Buildings can be designed safely and compatibly
with lesser setbacks;
(2) Modification of the dimensional standards is offset
by readily accessible public, private or common open space;
(3) All buildings are provided with adequate emergency
access for fire protection, emergency management technicians or other
public safety concern; and
(4) The purpose of Subsection
(O)(2)(a) above could only be achieved by the modification of the standards.
c.
Residential Density And Non-Residential Intensity. Residential
density and floor area ratios for non-residential uses shall not be
modified for single-use "PUD."
d.
Parking and landscape requirements are subject to the provisions
of applicable City codes, respectively.
e.
The adopted building code of the City of Lake Ozark shall not
be varied or modified in any manner by the adoption of a "PUD." Any
modification of the building code shall be by the procedures set forth
in that code.
P. Approved Plan. No use of the parcel, nor construction, modification
or alteration of any use or structure within a "PUD" shall be permitted
unless such construction or use complies with the terms and conditions
of the approved plan. Each subsequent owner and/or entity created
by the development, such as a property owners' association or an architectural
review committee, shall comply with the terms and conditions of the
approved plan. A seller of a property that is zoned "PUD" or which
is in the process of receiving such approval shall notify the buyer
of the terms and conditions of "PUD" approval. The City bears no liability
for misrepresentation of terms and conditions of an existing approval.
The developer shall set forth the conditions of approval within covenants
that shall be recorded with the final approved map and plan.
Q. Surrounding Land Use. The "PUD" shall be designed and arranged so that all uses on the perimeter of the "PUD" are compatible with surrounding land uses, such that the "PUD" may be integrated into the existing surrounding land uses rather than separated with buffers. See Subsection
(B)(2).
R. Application, Procedures, And Review Criteria. A planned unit development
shall be reviewed according to the following procedures and criteria:
1.
Sketch Plan And Rezoning Application. Applicants for a planned
unit development shall submit a rezoning request pursuant to the procedures
established in City of Lake Ozark municipal codes. In addition to
the requirements, an application for a planned unit development shall
include a sketch plan, including the following:
a.
All information required by the City subdivision regulations
for preliminary subdivision approval;
b.
All the various existing and proposed land uses, depicting their
relationship to each other and to surrounding uses;
c.
All information required for a site plan for any non-single-family
uses;
d.
A list of all proposed uses and all proposed conditional uses;
e.
The approximate number of acres in each proposed use category;
f.
The density being requested for each type of residential use
proposed;
g.
The intensity (floor area ratio) for each non-residential use
proposed;
h.
The legal description for the entire area of the plan;
i.
If the project will be phased, a phasing plan establishing what
order the plan will be built, demonstrating how each individual phase
meets the requirements of this Section and specifying how all streets
and utilities will be constructed in conjunction with the proposed
phases;
j.
Names and addresses of property owners within one hundred eighty-five
(185) feet of all boundaries of the property;
k.
A written narrative report for the plan explaining how the elements
of the plan function together, justifying all modifications of zoning
district standards according to these regulations and establishing
the proposed architectural character of dwellings, structures or uses
on each portion of the property;
l.
A preliminary plan submitted in accordance with the City's sign
regulations concerning "PUDs" as they relate to applicable sign districts.
2.
Application Process. The rezoning application and sketch plan
for the planned unit development shall be processed according to the
procedures established for a rezoning request.
3.
Review Criteria. In addition to the review criteria established
for a rezoning request, the Planning and Zoning Commission and City
Board shall consider the following additional criteria when reviewing
a planned unit development:
a.
The "PUD" is consistent with the purposes and standards established
in this Article;
b.
No land use in the "PUD," and no modification requested as part
of a "PUD," is detrimental to any surrounding land use or any proposed
land use within the plan area;
c.
Any request for modification of the zoning district standards
meets the requirements of this Article and results in ongoing community
benefits beyond what would be required in any single zoning district;
d.
The extent that the proposed mixture of uses is at a ratio of
residential to non-residential use which allow the uses to mutually
support each other;
e.
The purpose, location and amount of common open space in the
planned unit development relative to the proposed density and type
of residential development and the reliability of proposals for maintenance
and conservation of common open space;
f.
The physical design of the plan and the extent that adequate
provision for public facilities, services and traffic control; and
g.
In the case of a multi-phased plan, the sufficiency of the terms
and conditions intended to protect the interests of the public, residents
and owners of the planned unit development and the integrity of the
plan.
4.
Approved Action. If the Board of Aldermen approves an application,
it shall adopt an ordinance establishing the rezoning and specifying
that development of the property is subject to the terms of an approved
final plan. No permit shall be issued concerning the subject property
until the ordinance becomes effective and a final plan has been adopted.
5.
Duration Of Approval. Sketch plan approval shall be valid for
one (1) year unless otherwise established at the time of approval.
One (1) extension of time for a maximum of one (1) year may be granted
by the Board of Aldermen.
6.
Revocation Of Approval. Sketch plan approval shall be revoked
automatically at the time of expiration through no action by the City.
Subsequent to sketch plan approval revocation, the City may initiate
a rezoning action to rezone the property to an appropriate classification.
7.
Final Plan.
a.
Application. A final plan shall be adopted prior to expiration
of a sketch plan an prior to any construction or permits being issued
for the planned unit development. A final plan shall include:
(1) All information required by the City Subdivision
Regulations for final subdivision approval;
(2) All information in the proposed sketch plan;
(3) Final plans for all road grading, surfacing, signing
and lighting and curbs and gutters;
(4) Final location of all sidewalks, pedestrian, walks,
trails and associated structures;
(5) A final engineering plan for all sanitary sewers,
water lines, fire hydrants and drainage structures and improvements;
(6) Location and design of all open space improvements,
facilities and landscaping;
(7) Final location and size of all structures and parking
areas;
(8) Building elevations for all commercial and multi-family
residential structures; and
(9) A final written narrative of the plan establishing
all architectural controls, covenants and restrictions on the future
use of land within the plan. If a homeowners' association or similar
organization is proposed by the applicant for the purposes of maintaining
and administering the development's lands, streets and/or facilities,
the applicant shall provide restrictive covenants. These documents
shall be recorded at or prior to the recording of the final map.
(10) A final sign plan in accordance with the City's
Sign Regulations concerning "PUDs" as they relate to applicable sign
districts.
b.
Submission And Determination Of Complete Application.
(1) Final, plans shall be submitted to the Zoning Administrator
for a determination of completeness. The Zoning Administrator shall
make this determination within ten (10) business days of submission.
(2) Applications will be considered complete when all
items required for submissions by these regulations and the appropriate
fee have been submitted to the Zoning Administrator.
(3) Incomplete applications shall be returned to the
applicant with a written explanation of deficiencies. The City shall
take no further action on incomplete applications.
(4) Complete applications shall be processed in accordance
with this Section. The Zoning Administrator shall notify the applicant
that the application was determined to be complete.
(5) If the Zoning Administrator fails to act within
ten (10) business days, the application shall be deemed complete and
the applicant shall request the Zoning Administrator to issue a notice
of completeness.
(6) Modification of the application by the applicant
without specific instruction to do so from the Zoning Administrator,
the Planning and Zoning Commission or Board of Aldermen following
a determination of completeness shall void the determination and trigger
a new ten-day review period.
(7) A determination of completeness shall not constitute
a determination of compliance with the substantive requirements of
these regulations.
c.
Processing Of Application And Scheduled Review. Following the
determination that a final plan is complete or is deemed complete,
the Zoning Administrator shall prepare a report and forward the plan
for review to the Planning and Zoning Commission. Upon receipt of
the application and report, the Planning and Zoning Commission shall
schedule review of the plan at its next regular meeting or at such
other time as the applicant and Zoning Administration agree.
d.
Plan Commission Review And Criteria. The Planning Commission
shall review the final plan at a public meeting and consider whether
the final plan is in substantial compliance with the sketch plan based
on the following criteria:
(1) The final plan does not vary the proposed gross residential density by more than five percent (5%) and in no case may it be increased more than the maximum modification allowed by Subsection
(O)(1) and
(2);
(2) The final plan does not increase the floor area or intensity proposed for non- residential use by more than five percent (5%) and in no case may it be increased more than the maximum modification allowed by Subsection
(O)(1) and
(2);
(3) The final plan does not vary the proposed ratio
of residential to non-residential use or the ratio of any different
types of residential uses by more than five percent (5%).
(4) The final plan does not involve a reduction of
the area set aside for common open space or the substantial relocation
of such area;
(5) The final plan does not substantially increase
the total ground areas covered by buildings or involve a substantial
change in the height of buildings;
(6) Any staff recommendations.
e.
Planning and Zoning Commission Decision. The Planning and Zoning
Commission may approve, deny or conditionally approve the application
or take such other action as it deems appropriate.
f.
Approved Action. If the Planning and Zoning Commission approves
an application, it shall adopt a resolution reflecting such action
as its recommendation to the Board of Aldermen.
g.
Duration Of Approval. Final plan approval shall be valid for
two (2) years, unless otherwise established at the time of approval.
One (1) extension of time for a maximum of two (2) years may be granted
by the Planning and Zoning Commission.
h.
Revocation. If no action has been taken in furtherance of development,
the final plan approval shall be revoked automatically at the time
of expiration through no action by the City. Subsequent to sketch
plan approval revocation, the City may initiate a rezoning action
to rezone the property to an appropriate classification.
i.
Amendments And Revisions.
(1) The Zoning Administrator may approve minor revisions
to a final plan approved as part of a "PUB." Minor revisions must
be authorized in writing by the Zoning Administrator and limited to
those that are necessary in light of technical considerations, due
to natural features on the property discovered by the applicant or
Zoning Administrator after the decision on the final plan. Minor revisions
may include those that:
(a) Will not have the effect of changing the non-residential
floor area ratio or residential density from that of the approved
final plan;
(b) Will not result in any parking area, vehicle circulation,
and pedestrian connections being moved significantly in any direction;
(c) Will not have the effect of changing any dimensional
standard such as setbacks, building height, and lot area by more than
five percent (5%) from that of the approved final;
(d) Will not result in any change in uses or change
in the percent of land area used for any particular use;
(e) Will not increase or create any new adverse impacts
or undesirable affects on the surrounding neighborhood or any property
within the plan.
(2) Planning and Zoning Commission Revisions. If a
revision exceeds requirements of a minor revision, but would still
comply with the requirements specified in the ordinance authorizing
the "PUD," the Planning and Zoning Commission may approve an amendment
to the final plan in the same manner as the original authorization
and by resolution.
(3) If the applicant requests a revision that the Zoning
Administrator determines is neither a minor revision nor a Planning
and Zoning Commission revision, approval of the revision is required
in accordance with the procedures established for the original approval
and shall be considered an amendment to the ordinance approving the
rezoning and resolution approving the final plan.
S. Floor Area Ratio. Floor area ratio is the calculation regulating
density that compares the square footage area of a parcel (its length
times its width) against its actual living or business utilization
space regardless of floor level or elevation, such that mechanical
spaces, stair landing, patios, outside decks, and non-living or non-commercial
(in that application) spaces are not counted against its floor area
ratio. The floor area of the building shall be the gross horizontal
areas of the several floors, excluding basements, cellars, areas within
the building which are used for parking and covered swimming pools
or recreational areas, measured from the exterior faces of the exterior
walls of the building.
T. The maximum floor area ratio (FAR) for residential areas of "PUD"
zoned areas shall be as follows as they most closely approximate the
following zoning:
1.
"R-1" shall be maximum six-tenths (0.6) FAR.
2.
"R-1A" shall be maximum seven-tenths (0.7) FAR.
3.
"R-2" shall be maximum of seven-tenths (0.7) FAR.
4.
"R-3" shall be maximum of two (2.0) FAR.
5.
"R-4" (if adopted) or high density residential, if no separate
distinction is made from "R-3" medium residential, shall be a maximum
three (3.0) FAR.
6.
Non-residential (hotel/convention center application) shall
be a maximum three (3.0) FAR.
U. Parking space requirements shall be the same for the zoned use such
that the floor area ratio of commercial space shall be subject to
the parking area requirements of its most equivalent zoning use and
any residential component shall be required to have the parking area
required by its zoned use.
V. Homeowners' Association. The City of Lake Ozark does herein require
that those areas with the "PUD" in which there is privately owned
residential units be organized into a homeowners' association.