[R.O. 1994 § 405.250; Ord. No.
94-8 Art. 5 § 1, 5-10-1994]
Chimneys, cooling towers, elevator headhouses, fire towers,
grain elevators, monuments, stacks, stage towers or scenery lofts,
tanks, water towers, ornamental towers, spires, church steeples and
necessary mechanical appurtenances usually required to be placed above
the roof level and not intended for human occupancy are not subject
to the height limitations contained in the district regulations. In
all districts, one (1) additional foot of height above the specified
height limitation shall be permitted for each foot of additional yard
provided over the minimum requirement on all sides of the lot.
[R.O. 1994 § 405.260; Ord. No.
94-8 Art. 5 § 2, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002]
Lots accessed by a cul-de-sac turnaround shall measure minimum
lot widths at the structure setback line.
[R.O. 1994 § 405.270; Ord. No.
94-8 Art. 5 § 3, 5-10-1994]
A.
Minimum Yard Requirements. The yard requirements heretofore established
in all districts shall be adjusted in the following cases:
1.
Where the property fronts on a collector or an arterial street,
as identified in the Lake Ozark Comprehensive Plan, the required front
yard shall be modified as follows:
a.
Arterial Street. The front yard setback shall be measured from
the centerline of the street and shall be equal to the requirement
of the particular zoning district plus fifty (50) feet.
b.
Collector Street. The front yard setback shall be measured from
the centerline of the street and shall be equal to the requirement
of the particular zoning district plus forty (40) feet.
2.
Where the property fronts on two (2) intersecting streets (a
corner lot), such lot shall maintain a front yard setback on both
streets, except in the following cases: where no lots within the same
block front on one (1) of the two (2) intersecting streets, the side
yard requirement along such street shall be fifteen (15) feet, subject
to the provisions of paragraph (1)(a) above.
3.
Double frontage lots shall maintain the required front yard
setback along both frontages.
[R.O. 1994 § 405.280; Ord. No.
94-8 Art. 5 § 4, 5-10-1994; Ord. No. 2008-45, 11-12-2008]
A.
Unless otherwise provided, no accessory structure shall be erected
in any required or established front yard or a required side or rear
yard and no detached accessory structure shall be erected closer than
ten (10) feet to the principal structure on the lot. No accessory
structure shall cover more lot area than the equivalent of thirty
percent (30%) of the required rear yard. Accessory structures shall
be subject to site plan review. The following permitted accessory
structures and uses shall be allowed in any zoning district in connection
with any permitted principal use:
1.
A structure for storage incidental to a permitted use; provided,
however, that no storage structure that is accessory to a residential
building shall exceed two hundred (200) square feet in gross floor
area, the use shall be in keeping with the principal structure and
no part of such structure shall be locate in the front yard setback.
2.
A child's playhouse, provided it shall not be more than one
hundred twenty (120) square feet in gross floor area and it shall
not be located in the front yard setback.
3.
Detached Garage Or Other Accessory Structure.
a.
On any parcel of land comprised of less than five (5) acres,
one (1) detached garage or accessory structure may be constructed,
provided it is no greater in greater in gross floor area than ten
percent (10%) of the lot area and shall not exceed eight hundred (800)
square feet in gross floor area nor twelve (12) feet in height at
the side wall.
b.
On any parcel of land comprised of five (5) acres or more, one
(1) detached garage or accessory structure may be constructed, provided
it is no greater in gross floor area than ten percent (10%) of the
lot area and shall not exceed fifteen hundred (1,500) square feet
in gross floor area nor twelve (12) feet in height at the side wall.
4.
A private swimming pool and bathhouse, provided that a swimming
pool shall be allowed within required rear and side yards.
5.
Statuary, arbors, trellises, flagpoles, fences, walls and hedges
shall be allowed within the required setback areas.
6.
Signs when permitted by these regulations and by the individual
district regulations.
7.
Off-street parking and loading spaces as permitted by these
regulations.
8.
Restaurants, drug stores, gift shops, clubs, lounges and newsstands
when located in a permitted hotel, motel or office structure.
9.
Employee restaurants and cafeterias when located in a permitted
business, manufacturing or industrial structure.
10.
Storage or use of accessory uses, such as boats, boat trailers,
camping trailers or converted buses or trucks; except that such uses
shall be allowed within required rear yards and within established
side yards if placed upon a hard surface as defined in the off-street
parking regulations. Such uses shall not include the outdoor storage
or parking of commercial trucks or buses which exceed a three (3)
ton manufacturer's rating hauling capacity in a residential district.
11.
Satellite dish antennas, except that such accessory structure
shall be set back from all lot lines and from the front yard setback
lines a distance no less than its height; and if roof mounted, shall
not be visible from any public right-of-way if practical.
[R.O. 1994 § 405.290; Ord. No.
94-8 Art. 5 § 5, 5-10-1994]
A.
Accessory structures and uses shall comply with the use regulations
applicable in the zoning district in which they are located, but no
accessory structure shall be constructed and occupied on any lot prior
to the time of the completion of the construction of the principal
structure to which it is accessory.
B.
No accessory structure shall be used for dwelling purposes.
[R.O. 1994 § 405.300; Ord. No.
94-8 Art. 5 § 6, 5-10-1994]
Where a lot or tract is used for other than a single-family
dwelling, more than one (1) principal use and structure may be located
upon the lot or tract, but only when the structure or structures conform
to all requirements for the district in which the lot or tract is
located.
[R.O. 1994 § 405.310; Ord. No.
94-8 Art. 5 § 7, 5-10-1994]
On a corner lot in any district except "C-1," development shall
conform to the requirements of the sight triangle as defined by this
regulation.
[R.O. 1994 § 405.320; Ord. No.
94-8 Art. 5 § 8, 5-10-1994]
No land which is located in a residential district shall be
used for a driveway, walkway or access to any land which is located
in any business or industrial district.
[R.O. 1994 § 405.330; Ord. No.
94-8 Art. 5 § 9, 5-10-1994]
A.
Christmas Tree Sales. Christmas tree sales in any business or industrial
district for a period not to exceed sixty (60) days. Display of Christmas
trees need not comply with the yard and setback requirements of these
regulations, provided that no trees shall be displayed within thirty
(30) feet of the intersection of the curb line of any two (2) streets.
B.
Contractor's Office. Contractor's office and equipment sheds (containing
no sleeping or cooking accommodations) accessory to a construction
project and to continue only during the duration of such project.
C.
Real Estate Office. Real estate office (containing no sleeping or
cooking accommodations unless located in a model dwelling unit) incidental
to a new housing development to continue only until the sale or lease
of all dwelling units in the development.
D.
Seasonal Sales. Seasonal sale of farm produce grown on the premises
in an "R-1" District. Structures incidental to such sale need not
comply with the applicable front yard requirements if the structures
are removed or moved back of the required front yard setback line
at the end of the season during which they are used.
E.
Carnivals And Circuses. A carnival or circus, but only in a "C-1,"
"C-2" or "M-1" District and then only for a period that does not exceed
three (3) weeks. Such use need not comply with the front yard requirements,
provided that structures or equipment which might block the view of
operators of motor vehicles on the public streets shall conform to
the requirements of the sight triangle as defined by these regulations.
F.
Housing. During construction of the principal residential structure,
a basement, garage, camper or manufactured home may be utilized for
temporary housing of full-time, regular workers for a period not to
exceed six (6) months. The Zoning Administrator may extend the period
six (6) additional months upon showing of good cause by the owner.
Upon conclusion of the permitted time period or completion of the
principal structure, whichever occurs first, the owner shall remove
the temporary housing or make the necessary changes for the property
to be in conformance with the regulations of the district in which
the property is located.
G.
Garage Or Porch Sales. The sale of used or secondhand merchandise
shall be permitted in any residential district providing that such
use shall not exceed three (3) consecutive days in duration nor occur
more than twice during a twelve-month period at one (1) residence.
[R.O. 1994 § 405.340; Ord. No.
94-8 Art. 5 § 10, 5-10-1994]
A.
The structure setback line shall be determined by measuring the horizontal
distance between the property line and the vertical plane of the furthest
architectural projection of the existing or proposed structure; except
that certain architectural projections listed below may extend beyond
the structure setback line, subject to the following conditions:
1.
"Projections" shall be defined as any structural or non-structural
portion or appendage attached to the main structure which by design
protrudes outward beyond the structure floor, wall, roof or foundation
line. Projections include, but are not limited to:
2.
Exception For Canopies And Awnings. A canopy or awning may be
permitted to overhang a public way in any business zoning or industrial
zoning district providing:
a.
The canopy or awning construction is covered with a fabric material
such as canvas or is made of a material which simulates a fabric covering,
other than metal or aluminum.
b.
No portion of the canopy or awning shall be less than eight
(8) feet above the level of the sidewalk or other public way.
c.
The canopy or awning may extend the full width of the building
façade to which it is attached and, further, it shall not extend
beyond a point two (2) feet inside the curb line of a public street.
[R.O. 1994 § 405.350; Ord. No.
94-8 Art. 5 § 11, 5-10-1994]
A.
Except as otherwise specifically provided in other codes and regulations,
the following regulations shall apply to the construction of fences:
1.
Fencing for safety purposes shall be required wherever dwellings
or manufactured homes are built or installed on lots abutting major
streets as defined in these regulations or railroad right-of-way.
2.
No fence shall be constructed which will constitute a traffic
hazard.
3.
No fence shall be constructed in such a manner or be of such
design as to be hazardous or dangerous to persons or animals.
4.
No person shall erect or maintain any fence which will materially
damage the adjacent property by obstructing the view, shutting out
the sunlight or hindering ventilation or which fence shall adversely
affect the public health, safety and welfare.
5.
No fence, except fences erected upon public or parochial school
grounds or in public parks and in public playgrounds, shall be constructed
of a height greater than four (4) feet in the front yard or six (6)
feet elsewhere; provided, however, that the Planning and Zoning Commission
may, as a special use, authorize the construction of a fence higher
than eight (8) feet if the Planning and Zoning Commission finds the
public welfare is served.
[R.O. 1994 § 405.360; Ord. No.
94-8 Art. 5 § 12, 5-10-1994]
A.
Home occupations shall be permitted in all districts permitting dwellings.
1.
Restrictions And Limitations.
a.
The home occupation shall be incidental and subordinate to the
principal residential use of the premises and not more than twenty-five
percent (25%) of the floor area of any one (1) floor of a dwelling
unit shall be utilized for a home occupation.
b.
All materials or equipment used in the home occupation shall
be stored within an enclosed structure.
c.
No alteration of the exterior of the principal residential structure
shall be made which changes the character thereof as a dwelling.
d.
No sign shall exceed two (2) feet in any one (1) direction,
shall not be illuminated and shall not be placed closer to the front
property line than one-half (1/2) the distance of the front yard.
e.
No person shall be engaged in such home occupation other than
a person occupying such dwelling unit as his/her residence and not
more than one (1) full-time equivalent, non-resident employee.
f.
No equipment shall be utilized that creates a nuisance due to
noise, odor, emissions or electrical interference.
g.
No traffic shall be generated by the activity of the home occupation
which is abnormal to a residential neighborhood.
2.
Particular Home Occupations Permitted. Customary home occupations
include, but are not limited to, certain occupations that do not depend
upon on-site commerce and include the following list of occupations;
provided, however, that each listed occupation is subject to the requirements
of (a) through (g) above:
a.
Art, dancing and music schools provided that instruction is
limited to five (5) pupils at one time.
b.
Professional offices for architects, engineers, planners, lawyers,
accountants, bookkeepers and similar professions.
c.
Offices for realtors, insurance agents, brokers, sales representatives
and manufacturing representatives when no exchange of tangible goods
is made on the premises.
d.
Watch, clock and jewelry repair services.
e.
Radio, television, phonograph, recorder and small appliance
repair services.
f.
Daycare homes and daycare nurseries, subject to special use
permits if more than five (5) non-resident children are given care.
g.
Home crafts and hobbies such as model making, rug weaving, lapidary
work, cabinet making, etc.
h.
Tailoring, alterations and seamstresses.
i.
Tool sharpening and filing.
j.
Bed and breakfast, by special use permit, with certain conditions.
3.
Particular Home Occupations Prohibited. Permitted home occupations
shall not in any event include the following:
[R.O. 1994 § 405.370; Ord. No.
94-8 Art. 5 § 13, 5-10-1994; Ord. No. 2016-21, 5-10-2016]
[R.O. 1994 § 405.380; Ord. No.
94-8 Art. 5 § 14, 5-10-1994]
Keeping livestock in the City shall be restricted be City Code
and subject to further regulation by the County Health Officer.
