[Ord. No. 09-012 §1, 4-6-2009]
This Chapter shall be known and may be cited as the City of
Ozark Land Development Regulations.
[Ord. No. 09-012 §1, 4-6-2009]
A.Â
This
Chapter is adopted pursuant to the authority contained in Sections
89.010 to 89.480, RSMo.
B.Â
The
regulations contained in this Chapter are adopted for the following
purposes:
1.Â
To protect and provide for the public health, safety and general
welfare of the City of Ozark.
2.Â
To provide for adequate light, air, open spaces and to protect from
flooding and other dangers.
3.Â
To provide for adequate transportation and circulation throughout
the City of Ozark and to ensure the provision of adequate public infrastructure
and improvements to serve the population.
4.Â
To prevent the pollution of water resources and to ensure the adequacy
of drainage facilities.
5.Â
To encourage the orderly and beneficial development of the City of
Ozark and to promote good planning and land development practice.
6.Â
To preserve and protect the value of land and buildings and to promote
the efficient expenditure of public financial resources.
[Ord. No. 09-012 §1, 4-6-2009]
This Chapter shall apply to all land, buildings, structures,
uses and infrastructure improvements within the corporate boundaries
of the City of Ozark, Missouri, and the applicable provisions of this
Chapter shall apply to such other areas outside of the corporate boundaries
that may contract with the City of Ozark for the provision of public
services.
[Ord. No. 09-012 §1, 4-6-2009]
The boundaries of the zoning districts shall be shown upon the
Zoning Map.
[Ord. No. 09-012 §1, 4-6-2009]
A.Â
Where
uncertainty exists with respect to the boundaries of the zoning districts
as shown on the Zoning Map, the following rules shall apply:
1.Â
The zoning district boundaries shall be streets or alleys unless
otherwise shown. Where the districts designated on the map accompanying
and made a part of this Chapter are bounded approximately by street
or alley lines, the centerline of the street or alley shall be construed
to be the boundary of the district.
2.Â
Where there exists a conflict pertaining to the actual boundaries
of a zoning district, said zoning district boundary shall be the lot
line or lot lines of the property in question. If a conflict cannot
be resolved by item number one (1) of this Section, the zoning district
boundary shall be considered to be the lot line or lot lines of the
property in question.
3.Â
If a zoning district boundary cannot be resolved by utilizing item
number one (1) or two (2) from this Section, it shall be the responsibility
of the property owner to provide the necessary documentation to verify
a boundary location.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-076, 9-16-2019]
Whenever any territory shall be annexed to the City of Ozark,
Missouri, said territory so annexed shall maintain the zoning classification
designated by the County in which the property is located until the
Board of Aldermen has had an opportunity to classify the territory
properly after its annexation, in accordance with this Code and the
laws of the State of Missouri.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-006 §1, 3-21-2011; Ord. No. 18-012, 3-19-2018; Ord. No. 19-061, 8-5-2019; Ord. No. 21-100, 12-6-2021]
A.Â
In interpreting the meaning of the Chapter, the following general
rules shall apply:
1.Â
Words used in the present tense shall also include the future
tense.
2.Â
Words used in the singular number shall also include the plural
and vice versa.
3.Â
The word "shall" is always mandatory and not discretionary.
4.Â
The word "may" is permissive.
5.Â
The words "used" or "occupied" shall be construed to include
"intended, designed or arranged to be used or occupied."
6.Â
The word "person" is any natural person, firm, partnership,
association, corporation, company or other legal entity, private or
public, whether for profit or not-for-profit.
7.Â
Where reference is made to the regulations, it shall be construed
to mean the regulations as originally passed in this Chapter and all
subsequent amendments, supplements and revisions.
B.Â
ACCESSORY DWELLING UNIT
ACCESSORY STRUCTURE
ACCESSORY USE
ALLEY
ANNEXATION
APARTMENT
APARTMENT HOUSE
ARTERIAL, EXPRESSWAY AND MAJOR THOROUGHFARE
BASEMENT
BED AND BREAKFAST
BERM
BOARD
BOARDING HOUSE
BUFFER YARD
BUILDING
BUILDING, HEIGHT OF
CANOPY TREE
CARPORT
CHILD CARE FACILITY
CITY PLAN
CLINIC, MEDICAL
COLLECTOR STREET
COMMERCIAL
CONCRETE BATCH PLANT
CONDITIONAL USE
COVING
CUL-DE-SAC
CULTIVATED LANDSCAPE AREA
DWELLING
DWELLING, MULTI-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
ECOSYSTEM
EVERGREEN
EXTERIOR STRUCTURAL ALTERATION
FAMILY
FENCE
FILLING STATION OR SERVICE STATION
FRONTAGE
GARAGE, PRIVATE
GARAGE, PRIVATE DETACHED
GARAGE, REPAIR
GARAGE, STORAGE OR PARKING
GRADE
1.Â
2.Â
3.Â
GROUND COVER
GROUP HOME
HEDGE
HOTEL
INDUSTRIAL
INSTITUTION
INTERIOR PARKING LOT
IRRIGATION SYSTEM
LAUNDROMAT
LIVE-WORK UNIT
LOADING SPACE
LODGING HOUSE
LOT
LOT OF RECORD
LOT, CORNER
LOT, DOUBLE FRONTAGE
MANUFACTURED HOME
MARIJUANA-INFUSED PREROLL
MARIJUANA-INFUSED PRODUCTS
MARIJUANA-INFUSED PRODUCTS LICENSED MANUFACTURING FACILITY
MARIJUANA or MARIHUANA
MARIJUANA LICENSED CULTIVATION FACILITY
MARIJUANA LICENSED DISPENSARY FACILITY
MARIJUANA LICENSED TESTING FACILITY
MECHANICAL COMPONENT ASSEMBLY AND WAREHOUSING
MINOR AND CUL-DE-SAC STREETS
MOBILE HOME
MODULAR HOUSING
MOTOR COURT OR MOTEL
MULCH
MULTI-USE
NON-CONFORMANCE
NON-CONFORMING USE
NURSING HOME
1.Â
2.Â
3.Â
4.Â
5.Â
6.Â
OPEN SPACE
OPEN SPACE – PUBLIC
ORNAMENTAL TREE
PARKING AREA
PARKING LOT
PARKING SPACE
PAVED SURFACE
PERIMETER, LANDSCAPING
PLACE
PLANNING AND ZONING COMMISSION
PLANNING AND ZONING STAFF REPRESENTATIVE
PLANT COMMUNITY
PLANT SPECIES, PROHIBITED
PLANTING ISLAND
POOL or SWIMMING POOL
POOL or SWIMMING POOL, PRIVATE RESIDENTIAL
POOL or SWIMMING POOL, PUBLIC
PREROLL
PRESERVE AREAS
PRIMARY USE
PUBLIC SEWAGE SYSTEM
PUBLIC WATER SUPPLY SYSTEM
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE PARK
REDEVELOPMENT
RESIDENTIAL ALLEY
RESIDENTIAL STREET
RETIRED
ROADWAY WIDTH OR SURFACE WIDTH
ROOMING HOUSE
SCREEN
SEAL
SHRUB
STORY
STORY, HALF
STREET
STREET FRONTAGE LANDSCAPING
STREET LINE
STREETS
STRUCTURAL ALTERATIONS
STRUCTURE
STRUCTURE, PRINCIPAL
SUBDIVISION
SUBDIVISION, MINOR
THOROUGHFARE
THOROUGHFARE PLAN
THOROUGHFARE — PRIMARY, SECONDARY
TRAILER
TREE
UNDERSTORY
USE
VEGETATION, NATIVE
VIABLE
WOODLANDS, EXISTING
XERISCAPE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING CODE
ZONING INSPECTOR
ZONING MAP
Definitions.
An attached or detached secondary housing unit on a single-family
residential lot that contains a primary single-family housing unit.
[Ord. No. 23-028, 4-3-2023]
A structure which:
A use which:
A way which affords only a secondary means of access to property
abutting thereon or which is less than thirty (30) feet wide.
To incorporate (territory) into an existing political unit
such as a country, State, County or City.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
See "DWELLING, MULTIPLE."
Provides fast and efficient movement of large volumes of
traffic between areas and does not provide a land service function.
A story of a building, below entrance level, usually underground.
An owner occupied single-family residence that shall contain
no more than five (5) guest rooms where short-term lodging, with or
without meals, is provided for compensation.
An earthen mound consisting of ground cover designed to provide
visual interest, screen undesirable views and/or decrease noise.
The Board of Aldermen of Ozark, Missouri.
A building other than a hotel where, for compensation and
by arrangement, meals or lodging and meals are provided for three
(3) or more persons.
A continuous landscaped area installed along the perimeter
of a lot that provides a transition between adjoining property boundaries
and/or different land uses.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
The vertical distance from the grade to the highest point
of the coping of the flat roof or to the deck line of a mansard roof
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
Usually a deciduous tree – rarely an evergreen –
planted primarily for its high crown of foliage or overhead canopy.
An open-sided automobile shelter which is to be used as accessory
to a principal structure.
A dwelling or other place conducted or maintained by any
person who advertises or holds himself/herself out as providing care
for more than four (4) children during the daytime, for compensation
or otherwise, except those operated by a school system or in connection
with a business establishment as a convenience for its customers.
The Sketch Plan or City Plan or Comprehensive Plan of the
City of Ozark whether in whole or in part, as adopted by the Planning
and Zoning Commission, approved by the Board of Aldermen and duly
recorded in the office of the County Recorder of Christian County.
It may consist of several maps, data and other descriptive matter
for the physical development of the City or any portion thereto; including
any amendment, extension or additions thereof adopted by the Board
of Aldermen indicting the general locations for major streets, parks,
schools or other public open spaces, public building sites, routes
for public utilities, zoning districts or other similar information.
Small private or public health facility that provides health
care for ambulatory patients or clients in a community, run by medical
specialists working in cooperation and sharing the same facilities.
Provides traffic movement between residential and arterial
streets and direct access to abutting properties.
Any non-residential or industrial land use and/or zoning
district, including, but not limited to, "C-2," "C-4" and "O-W."
A manufacturing facility or property which includes a device
that combines ingredients (including, but not limited to, sand, water,
aggregate, rocks, gravel, fly ash, potash and cement) through use
of buildings, mixers (either tilt-up, horizontal or both), cement
batchers, aggregate batchers, conveyors, radial stackers, aggregate
bins, cement bins, heaters, chillers, cement silos, batch plant controls
and dust collectors. A portable/temporary concrete batch plant is
one that has been established on a job site and/or specifically designated
location and has been given a defined beginning and ending date for
setup and removal of the plant.
Subject to, implying or dependent upon a specific use of
a property.
A method of urban planning used in subdivisions characterized
by non-uniform lot shapes and home placement. When combined with winding
roads, lot area is increased and road area reduced.
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
Planted areas that are frequently maintained by mowing.
Any building or portion thereof which is designed for or
used exclusively for residential purposes.
Any residential structure consisting of three (3) or more
separate dwelling units, including, but not limited to, zoning districts
"R-3" and "R-4."
A building designed for or occupied by one (1) family and
shall include any private residence licensed by the Division of Family
Services or Department of Mental Health to provide foster care to
one (1) or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption.
Any residential structure consisting of two (2) separate
dwelling units, including, but not limited to, duplexes "R-2," patio
homes "R1-P" or town homes.
A grant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies or private individuals.
A characteristic assemblage of plant and animal life within
a specific physical environment and all interactions among species
and between species and their environment.
A plant with foliage that persists and remains green year-round.
Any change in the supporting members of a building or structure,
such as bearing walls or partitions, columns, beams or girders, that
is visible from the exterior of a building or structure or any substantial
change in the roof or in exterior walls of a building or structure.
A group of one (1) or more persons occupying a premises and
living as a single housekeeping unit, whether or not related to each
other by birth or marriage, as distinguished from a group occupying
a boarding house, lodging house or hotel as herein defined.
A structure and/or materials consisting of wood (rails and
stakes), wire masonry, similar materials erected so as to provide
a barrier or enclosure along the boundaries of a yard or lot.
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories but not including major
repair work such as motor replacement, body and fender repair or spray
painting.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or termination) measured along
the line of the street, or if the street is a dead end, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two (2) ton capacity.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two (2) ton capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling or storing motor-driven vehicles.
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and within which motor fuels
and oils may be sold, but no motor-driven vehicles are equipped, repaired,
hired or sold.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalks at the centers of all
walls adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
Any wall approximately parallel to and not more than five (5)
feet from a street line shall be considered as adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
|
Plants, other than turf grass, normally reaching an average
maximum height of not more than twenty-four (24) inches at maturity.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside and may include two (2) additional
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
A landscape barrier consisting of a continuous, dense planting
of shrubs.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public as opposed to a boarding house, a lodging house or an
apartment which are herein separately defined.
Any non-residential or designated commercial land use and/or
zoning district including "I-1."
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
The square footage of all areas within the parking lot's
perimeter.
A permanent, artificial watering system designed to transport
and distribute water to plants.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customer on the premises.
A type of mixed-use development, combining commercial within
the same structure as a residential living space for the business
owner.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of twelve (12) by thirty-five (35) feet and a vertical clearance
of at least fourteen (14) feet.
A building other than a hotel where lodging only is provided
for three (3) or more but not more than twenty (20) persons.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, the open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street or
upon an officially approved place.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of the County
of Christian, or a parcel of land, the deed of which was recorded
in the office of the Recorder of Deeds prior to the adoption of this
Chapter.
A lot abutting upon two (2) or more streets at their intersection.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its own running gear and designed to be used as dwelling unit or
units with or without a permanent foundation and bears a seal issued
by the U.S. Department of Housing and Urban Development as defined
in Section 700.010, RSMo. The phrase "without a permanent foundation"
indicates that the support system is constructed with the intent that
the manufactured home placed thereon may be moved from time to time
at the convenience of the owner.
Marijuana-infused preroll means consumable or smokable marijuana
product, generally consisting of: (1) a wrap or paper; (2) dried flower,
buds, and/or plant material; and (3) a concentrate, oil or other type
of marijuana extract, either within or on the surface of the product.
Infused prerolls may or may not include a filter or crutch at the
base of the product.
[Ord. No. 23-010, 1-17-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 23-010, 1-17-2023]
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products, prerolls, and infused prerolls, to a facility licensed by the State of Missouri pursuant to Article XIV of the Missouri Constitution.
[Ord. No. 23-010, 1-17-2023]
Means cannabis indica, cannabis sativa, and cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. Marijuana
or marihuana do not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 23-010, 1-17-2023]
A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as "clones") to a facility licensed by the State of Missouri pursuant to Article XIV of the Missouri Constitution.
[Ord. No. 23-010, 1-17-2023]
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana pursuant to Article XIV of the Missouri Constitution to a qualifying patient, primary caregiver, as those terms are defined in Section 1 of Article XIV of the Missouri Constitution, or consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of Article XIV of the Missouri Constitution and as otherwise allowed by law, or to a facility licensed by the State of Missouri pursuant to Article XIV of the Missouri Constitution. Marijuana licensed dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party.
[Ord. No. 23-010, 1-17-2023]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 23-010, 1-17-2023]
An industrial use engaged in the purchase, cleaning, storage
(including storage outside enclosed buildings), disassembly, reconditioning,
assembly and/or the recycling of new and used mechanical, automotive
and industrial parts and components. This use may engage in sales
at wholesale, but shall in no case engage in on-site retail sales,
and shall not be designed to attract retail customers to the premises.[1]
Provides direct access to abutting properties generally eight
hundred (800) feet or less in length and do not allow interconnection
with adjoining streets.
A transportable factory-built home, no more than twenty-two
(22) feet in width and forty (40) feet in length, designed to be used
as a residential dwelling and built prior to the enactment of the
Federal Manufactured Home Construction and Safety Standards Act of
1974 which became effective June 15, 1976. Mobile homes do not bear
a seal from the U.S. Department of Housing and Urban Development as
defined in Section 700.010, RSMo.
A dwelling unit made of one (1) or (usually) more modules
built in a factory and erected on a foundation. A modular is often
a two-story town house or a garden apartment. It meets building codes
and is considered real property.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers.
Non-living organic and synthetic materials customarily used
in landscape design to retard erosion and retain moisture.
More than one (1) use of a structure or property as use is
defined by the most current City of Ozark Code of Ordinances.
A lawful condition of a structure or land which does not
conform to the regulations of the district in which it is situated.
This may include, but is not limited to, failure to conform to use,
height, area, coverage or off-street parking requirements.
A structure or land lawfully occupied by a use that does
not conform to the regulations of the district in which it is located.
Adult Day Care Program. A group program designed to provide
care and supervision to meet the needs of functionally impaired adults
for periods of less than twenty-four (24) hours but more than two
(2) hours per day in a place other than the adult's own home.
Residential Care Facility I. Any premises, other than a residential
care facility II, intermediate care facility or skilled nursing facility
which is utilized by its owner, operator or manager to provide twenty-four
(24) hour care to three (3) or more residents who are not related
within the fourth degree of consanguinity or affinity to the owner,
operator or manager of the facility and who need or are provided with
shelter, board and with protective oversight, which may include storage
and distribution or administration of medications and care during
short-term illness or recuperation.
Residential Care Facility II. Any premises, other than a residential
care facility I, an intermediate care facility or a skilled nursing
facility, which is utilized by its owner, operator or manager to provide
twenty-four (24) hour accommodation, board and care to three (3) or
more residents who are not related within the fourth degree of consanguinity
or affinity to the owner, operator or manager of the facility and
who need or are provided with supervision of diets, assistance in
personal care, storage and distribution or administration of medications,
supervision of health care under the direction of a licensed physician
and protective oversight, including care during short-term illness
or recuperation.
Intermediate Care Facility. Any premises, other than a residential
care facility I, residential care facility II, an assisted living
facility or skilled nursing facility, which is utilized by its owner,
operator or manager to provide twenty-four (24) hour accommodation,
board, personal care and basic health and nursing care services under
the daily supervision of a licensed nurse and under the direction
of a licensed physician to three (3) or more residents dependent for
care and supervision and who are not related within the fourth degree
of consanguinity or affinity to the owner, operator or manager of
the facility.
Skilled Nursing Facility. Any premises, other than a residential
care facility I, a residential care facility II, an assisted living
facility or an intermediate care facility, which is utilized by its
owner, operator or manager to provide for twenty-four (24) hour accommodation,
board and skilled nursing care and treatment services to at least
three (3) residents who are not related within the fourth degree of
consanguinity or affinity to the owner, operator or manager of the
facility. Skilled nursing care and treatment services are those services
commonly performed by or under the supervision of a registered professional
nurse for individuals requiring twenty-four (24) hour a day care by
licensed nursing personnel including acts of observation, care and
counsel of the aged, ill, injured or infirm, the administration of
medications and treatments as prescribed by a licensed physician or
dentist and other nursing functions requiring substantial specialized
judgment and skill.
Assisted Living Facility. A system of housing and limited care
that is designed for senior citizens who need some assistance with
daily activities but do not require care in a nursing home.
All areas of natural plant communities or area replanted
with vegetation after construction, such as revegetated natural areas,
tree, shrub, hedge or ground cover planting areas and lawns.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites and other lands.
A deciduous tree planted primarily for its ornamental value
or for screening purposes; tends to be smaller at maturity than a
shade tree.
An open surfaced area used exclusively for the parking of
motor vehicles.
An open surfaced area used exclusively for the temporary
storage of motor vehicles and within which motor fuels and oils may
be sold and fees charged, but no vehicles may be equipped, repaired,
rented or sold.
A portion of the parking lot set aside for the parking of
one (1) vehicle.
A hardened surface consisting of asphalt concrete, chip and
seal, Portland concrete, brick pavers and etc. Exposed rock surfaces
are not considered to be paved surfaces.
A five (5) foot wide green space strip around the entire
property, not including the landscaped street buffer requirement.
An open unoccupied space or a public or private thoroughfare
other than a street or alley permanently reserved as the principal
means of access to abutting property.
The official Planning and Zoning Body of the City of Ozark,
Missouri.
The City Administrator or such other person designated by
the Planning and Zoning Commission for matters pertaining to the subdivision
of land.
A natural association of plants that are dominated by one
(1) or more prominent species or a characteristic physical attribute.
Those plant species which are demonstrably detrimental to
native plants, native wildlife, ecosystems or human health, safety
and welfare.
A nine (9) foot by nineteen (19) foot space protected by
a concrete curb for the purpose of planting trees, shrubs and other
landscaping treatments and vegetative ground cover.
Any structure, basin chamber, tank or other receptacle capable
of containing an artificial body of water for the purpose of swimming,
diving or recreational bathing and having a depth of more than eighteen
(18) inches, whether located at ground level, above ground, below
ground or indoors. Such terms shall include, but not be limited to,
a permanent swimming pool, a permanent wading or reflection pool or
a permanent hot tub or spa.
Any swimming pool located on private property under the control
of a single homeowner or his/her tenant, the use of which is limited
to members of his/her family, tenant's family and invited guests.
Any swimming pool, other than a private residential swimming
pool, intended to be used collectively by numbers of persons for swimming
or bathing, however owned or operated and regardless of whether a
fee is charged for such use. Such term, includes, but is not limited
to, a swimming pool owned or operated incident to a multi-family dwelling
project, non-profit recreational facilities, hotels, as well as educational
facilities.
Preroll means a consumable or smokable marijuana product,
generally consisting of: (1) a wrap or paper; and (2) dried flower,
buds, and/or plant material. Prerolls may or may not include a filter
or crutch at the base of the product.
[Ord. No. 23-010, 1-17-2023]
Vegetative areas required to be preserved by law.
To be first in rank, importance or value in the use of a
property.
A system serving two (2) or more dwelling units and approved
by the Missouri Department of Health and the Missouri Water Pollution
Board.
A system serving two (2) or more dwelling units and approved
by the Missouri Department of Health.
Any of the following vehicles which are licensed for travel
on the highway: travel trailer (a vehicular, portable structure built
on a chassis designed to be used as a temporary dwelling for travel,
recreation or vacation or one permanently identified as a travel trailer
by the manufacturer of the trailer); pickup coach (a structure designed
to be mounted on a truck chassis for use as a temporary dwelling for
travel, recreation and vacation); motor home (as a portable, temporary
dwelling to be used for travel, recreation and vacation constructed
as an integral part of a self-propelled vehicle); and camping trailer
(as a canvas, material or metal folding structure mounted on wheels
and designed for travel, recreation and vacation use).
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes including the use of camping
spaces for tents.
The process of removing, replacing and/or remodeling an existing
structure to the extent that a building and/or demolition/removal
permit is required.
Provides secondary means of access to abutting properties,
less than thirty (30) feet width of right-of-way.
Provides local traffic movement and direct access to abutting
properties.
A retired designation indicates the City no longer uses this
zoning classification but has kept the applicable language for reference.
[Ord. No. 23-028, 4-3-2023]
That portion of any street designated for vehicular traffic
and, where curbs are paved, that portion of the street between the
curbs.
See "LODGING HOUSE."
A method of reducing the impact of noise and unsightly visual
intrusions with less offensive or more harmonious elements such as
plants, berms, fences, walls or any appropriate combination of these.
A device, label or insignia issued by the Missouri Public
Service Commission, U.S. Department of Housing and Urban Development
or its agent to be displayed on the exterior of a manufactured home
or manufactured/modular unit. The seal signifies compliance in the
design and construction of Federal Building Code and exempts the transportable
structure from local building codes.
A self-supporting woody perennial plant of low to medium
height characterized by multiple stems and branches continuous from
the base, usually not more than ten (10) feet in height at its maturity.
That portion of a building other than a cellar included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between the floor
and the ceiling next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than three (3) feet above the floor of such story, except that
any partial story used for residence purposes, other than for a janitor
or caretaker or his/her family or by a family occupying the floor
immediately below it, shall be deemed a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A strip of landscaping located adjacent to public right-of-way
to help shield view of parked cars to passing motorists, creating
a pleasing, harmonious appearance along the roadway.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
The full width between the property lines bounding every
way of whatever nature when any part thereof is open to use by the
public as a matter of right for the purpose of vehicular traffic and
whether designated as a street, highway, freeway, expressway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, place, circle
or however otherwise designated.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any substantial
change in the roof, excepting such repair or replacement as may be
required for safety of the building, but not including openings in
bearing walls as permitted by existing ordinances.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground including, but without limiting
the general inclusiveness of the foregoing, advertising signs, billboards,
backstops for tennis courts and pergolas.
A structure or group of structures which are constructed
or erected to be the primary use on a lot or parcel of land.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
The division of a parcel of land into three (3) or less lots
for the purpose of transfer of ownership or building development which
does not include the creation of any new public streets, public water
or sewer, or the installation of drainage improvements that impact
an adjacent tract, parcel or lot.
A major street.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets including collector streets adopted
by the Planning and Zoning Commission, approved by the Board of Aldermen
and duly recorded in the office of the County Recorder of Christian
County.
A major street so designated in the official thoroughfare
plan.
A vehicle, other than a motor vehicle, designed or intended
for use for dwelling purposes, whether or not such vehicle is attached
to or resting on the ground or something having a location on the
ground.
Any self-supporting woody perennial plant which has a caliper
of two (2) inches or more and which normally attains an overall height
of at least fifteen (15) feet at maturity, usually with one (1) main
stem or trunk and many branches.
Assemblages of natural low-level woody, herbaceous and ground
cover species which exist in the area below the canopy of the trees.
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained for the legal enjoyment that consists in its employment,
occupation, exercise or practice.
Any plant species with a geographic distribution indigenous
to all or part of the State of Missouri. Plant species which have
been introduced by man are not native vegetation.
When referring to a tree, shrub or other type of plant, is
a plant that, in the judgment of the Building Official, is capable
of sustaining its own life processes, unaided by man, for a reasonable
period of time.
Existing trees and shrubs of a number, size and species that
accomplish the same general function as new plantings.
Landscape methods which conserve water through the use of
drought-tolerant plants and planting techniques.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies or uncovered porch.
On corner lots, the front yard shall be considered as parallel to
the streets upon which the lot has a common boundary.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot and extending from the required front yard to the required rear
yard and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
The official zoning ordinance of the City of Ozark as set
out in Title IV of this Code.
A person or persons designated by the City Administrator.
The official Zoning Map of Ozark, Missouri, such map being
located in the office of the City Clerk.
[1]
Editor's Note: The former definition of "medical marijuana,"
which immediately followed this definition, was repealed 1-17-2023
by Ord. No. 23-010.