[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-003 §1, 2-1-2010; Ord. No. 16-016 §1, 4-18-2016; Ord. No. 23-028, 4-3-2023]
A.
For
the purposes of this Title, the City of Ozark is divided into the
following districts:
1.
"A-1" General Agricultural District. Primarily undeveloped
land usually found on the periphery of the City. Such lands are usually
restricted to agriculture and limited residential use and constitute
the prime areas for urban growth and expansion.
2.
Retired. ["R-1A" Single-Family Estate District. Restricted
residential areas with large lot size requirements. Such districts
create a graceful transition between standard residential areas and
rural farmlands.]
3.
Retired. ["R-1B" Single-Family District. Low density
residential district with related recreational, religious and educational
facilities being provided.]
4.
Retired. ["R-1C" Single-Family District. Districts
similar to "R-1B" Districts but usually permitting higher density.
Such areas are usually close to the central business districts.]
5.
Retired. ["R-1D" Single-Family District. High density
single-family detached residential uses similar to "R-1C" but permitting
higher density in subdivisions required to use coving.]
6.
"R-SF1" Single-Family District. A developed property
which serves the primary purpose of providing a permanent dwelling
unit to a single family.
7.
"R-SF2" Single-Family District. A developed property
which serves the primary purpose of providing a permanent dwelling
unit to a single family that provides flexibility in standards and
promoting a high-quality development.
8.
"R-1P" Two-Family District. Residential districts
consisting of two (2) unit residential structures sharing common wall
and lot line.
9.
"R-2" Two-Family District. Residential districts
with slightly higher population densities. Such districts create a
smooth transition between single-family and multi-family areas.
10.
"R-3" Medium Density Multi-Family District. Medium
density residential areas served by common facilities and open space.
Such districts shall allow the construction of four (4) or less buildings.
11.
"R-4" High Density Multi-Family District. High density
residential areas served by common facilities and open space. Such
district shall allow the construction of five (5) or more buildings.
12.
"C-2" General Commercial District. Automobile oriented
commercial districts providing a wide variety of business services
and retail outlets. Such districts usually generate a lot of traffic
and require strict parking, paving width and building setback provisions.
13.
"C-4" Central Business District. The commercial
district usually composing the City center. Such a district should
offer a wide range of service and outlets and should be pedestrian
oriented.
14.
"I-1" Industrial District. An industrial district
intended primarily for manufacturing, assembling, fabrication or warehousing,
wholesale and service uses. This area may require access to rail and
street transportation. Buildings should be architecturally attractive
and surrounded by landscaped yards.
15.
Retired. ["M" Mobile Home District. An area intended
for the orderly, planned development of mobile homes and related facilities.]
16.
"O-W" Office Warehousing District. Areas to provide
for mixed use structures, warehousing, including wholesaling, retailing,
assembly of pre-manufactured materials and basic office uses (excluding
manufacturing).
17.
"PUD" Planned Unit Development. The Planned Unit
Development ("PUD") regulations of this Section are intended to encourage
innovative land planning and site design concepts that achieve a high
level of environmental sensitivity, energy efficiency, aesthetics,
high-quality development and other community goals.
18.
Overlay Districts. Certain areas that may be
designated, from time, to time, on the official Zoning Map of Ozark,
Missouri, that superimposes additional architectural, landscaping,
design, building, use and site development regulations upon an underlying
zoning district.
[Ord. No. 09-012 §1, 4-6-2009; Ord.
No. 18-059, 11-5-2018; Ord. No. 14-016 §1, 4-21-2014[1]; Ord. No. 19-061, 8-5-2019; Ord. No. 23-010, 1-17-2023; Ord. No. 23-028, 4-3-2023]
A.
Use Regulations. All buildings and land within an "A-1" Zoning District
shall be limited to the following uses:
1.
Single-family dwellings.
2.
All agricultural pursuits, including buildings associated thereto.
3.
Agricultural uses, to include, but not be limited to, field
crops, truck gardening, berry or bush crops, tree crops, flower gardening,
nurseries, greenhouses, orchards, aviaries and apiaries, raising of
fowl, grazing and raising of livestock, provided that all feeding,
breeding or milking operations are contained in enclosed building(s)
and that such building(s) as well as the grazing and pasturing of
animals (which are contained in a fenced area) are no closer than
two hundred (200) feet from any lot line; temporary roadside stands
for the sale of farm products grown on the premises; provided, however,
that up to one-third (1/3) of the display area for produce may be
used for the sale of products not grown on the premises. Such a temporary
stand shall be required to set back from the edge of the roadway pavement
at least twenty-five (25) feet to permit adequate ingress, egress
and parking. Fowl shall be limited to ten (10) fowl per one (1) acre
with a total limit of fifty (50) fowl per parcel.
4.
Churches.
5.
Public parks and playgrounds.
6.
Public buildings, facilities and utilities.
7.
Cemeteries and pet cemeteries.
8.
Accessory buildings.
9.
Marijuana Licensed Cultivation Facility. The cultivation and
or growth of marijuana shall only be conducted within indoor facilities,
including, but not limited to, greenhouses. There shall be no outdoor
cultivation. Marijuana licensed cultivation facilities shall develop,
implement and maintain an odor control plan, which shall address odor
mitigation practices, including, but not limited to, engineering controls,
such as system design and operational processes which shall be reviewed
and certified by a professional engineer or a certified industrial
hygienist as sufficient to effectively mitigate odors for all odor
sources. No use shall emit an odor that creates a nuisance in violation
of the City Code.
B.
Conditional Uses. The following uses are permitted as conditional
uses subject to the provisions of this Title and approval by the Planning
and Zoning Commission:
1.
Cemeteries. Cemeteries shall be a conditional permanent use
and shall address the unique requirements of cemetery uses in a manner
conducive to the public health, safety and general welfare and in
accordance with the Comprehensive Plan of the City. Cemeteries shall
only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
2.
Accessory Dwelling Unit. One (1) accessory dwelling unit is
permitted on a residential lot which is development with a primary
single-family unit. All accessory dwelling units shall conform to
all building setbacks and the adopted international residential building
codes. The property owner must occupy either the primary dwelling
unit or accessory dwelling unit. A minimum of one (1) on-site parking
space shall be provided for the accessory dwelling unit.
[1]
Editor’s Note: Section 1 of this ordinance also provided
for the redesignation of former Subsections B and C as Subsections
C and D, respectively.
[Ord. No. 23-028,[1] 4-3-2023]
A.
Use Regulations. All buildings and land within "R-SF1" Zoning District
shall be limited to the following uses:
B.
Conditional Uses. The following uses are permitted as conditional
uses subject to the provisions of this Title and approval by the Planning
and Zoning Commission:
[Ord. No. 23-082A, 12-4-2023]
1.
Accessory Dwelling Unit. One (1) accessory dwelling unit is
permitted on a residential lot which is development with a primary
single-family unit. All accessory dwelling units shall conform to
all building setbacks and the adopted international residential building
codes. The property owner must occupy either the primary dwelling
unit or accessory dwelling unit. A minimum of one (1) on-site parking
space shall be provided for the accessory dwelling unit.
2.
Cemeteries. Cemeteries shall be a conditional permanent use
and shall address the unique requirements of cemetery uses in a manner
conducive to the public health, safety and general welfare and in
accordance with the Comprehensive Plan of the City. Cemeteries shall
only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
D.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
E.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Common
Area Requirements. Common areas shall be provided for subdivisions
utilizing the R-SF1 zoning district as provided in this Section.
[Ord. No. 23-082A, 12-4-2023]
1.
Common Area Calculation. The required minimum amount of common area
for public use shall be based upon a calculation of the anticipated
residential population of the subdivision when fully developed at
the rate of 0.5 acres of common area per twenty-five (25) residential
lots.
a.
The provisions of this Section are minimum standards. Nothing in
this Section is to be construed as prohibiting a developer from dedicating
or reserving other land for recreation purposes in addition to the
requirements of this Section.
2.
Quality Of Dedicated Common Area. Lands to be dedicated in accordance
with the common space dedication requirements of this Section are
subject to the following standards. Land proposed to be dedicated
for park and recreation use must be suitable for such use and receive
the approval of the Planning and Zoning Commission and the Board of
Aldermen. The dedicated common area must be a cohesive whole but may
be of irregular outline or shape. Required stormwater detention areas
or wetland conservation space may count toward common area if improved
to incorporate recreational functions (i.e., soccer goals, etc.).
3.
Improvements Required. The developer shall, with the approval of
the Board of Aldermen, make improvements or provide recreational facilities.
The developer shall improve the land to be dedicated as common area
as follows:
a.
If the development contains seventy-five (75) lots or less, then
at a minimum the common area shall consist of open passive play area.
b.
If the development contains seventy-six (76) lots or more, then at
a minimum it must include an aquatic pool and pool house amenity.
The pool area shall have a minimum of ten (10) square feet of water
surface area per lot in a subdivision or one thousand five hundred
(1,500) square feet, whichever is greater. At the developer’s
option, they can propose alternative amenities such as sports fields
or courts as opposed to a pool that has an equivalent construction
value.
c.
When an aquatic pool is provided:
(1)
The pool deck area shall be at least twice the pool water surface
in square foot area; and
(2)
The pool house shall include a community room and bathrooms.
The developer’s design professional shall design the pool house
to accommodate the total pool occupant load based on final calculated
pool size.
d.
For amenity calculation purposes, all phases of the subdivision shall
be considered.
4.
Common Area Access. Each common area required in Subsection (F)(3) above, shall have frontage on a public street to provide acceptable access to the common area from a public street, taking into account the need for adequate frontage on a public street and the amount of frontage reasonably required by the circumstances of the particular common area. If adjacent to an existing or planned trail, the common area shall include an improved pedestrian connection from the trail to the common area(s).
5.
Trail Areas Included. Trails as well as trail amenities may be counted
toward satisfying the common area dedication requirements excluding
the aquatic pool and pool house amenity. Trail amenities may include
but are not limited to the following:
G.
Sidewalk
And Trail Construction Required. Public trails and sidewalks shall
be constructed in accordance with the City ordinances, City of Ozark
Design Standards for Public Improvements, and the Linear Park Trails
and Connection to Linear Park Trails ordinance.
[Ord. No. 23-082A, 12-4-2023]
[1]
Editor's Note: This ordinance redesignated former Section
405.210 as Section 405.205.
[Ord. No. 23-028, 4-3-2023]
A.
Purpose. The purpose of this district shall be to promote single-family
development that provides flexibility in standards, specifically relating
to minimum lot and setback requirements, and incorporates design standards
promoting high-quality development and neighborhoods.
B.
Use Regulations. All buildings and land within the "R-SF2" Zoning
District shall be limited to the following uses:
C.
Conditional Uses. The following uses are permitted as conditional
uses subject to the provisions of this Title and approval by the Planning
and Zoning Commission:
[Ord. No. 23-082A, 12-4-2023]
1.
Accessory Dwelling Units. One (1) accessory dwelling unit is
permitted on a residential lot which is development with a primary
single-family unit. All accessory dwelling units shall conform to
all building setbacks and the adopted international residential building
codes. The property owner must occupy either the primary dwelling
unit or accessory dwelling unit. A minimum of one (1) on-site parking
space shall be provided for the accessory dwelling unit.
2.
Cemeteries. Cemeteries shall be a conditional permanent use
and shall address the unique requirements of cemetery uses in a manner
conducive to the public health, safety and general welfare and in
accordance with the Comprehensive Plan of the City. Cemeteries shall
only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval, the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
j.
No signs shall be permitted to be attached to or hung from the
required screening.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition, parking spaces shall
be provided for cemetery structures and/or employees when applicable.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
E.
Dimensional Requirements. Minimum width and depth shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
1.
Minimum And Maximum Density. Three (3) to seven (7) residential
lots per gross acre.
2.
Density Calculation. Gross density for the purposes of determining
minimum and maximum densities allowed shall be calculated as the number
of lots per acre of land. This is calculated by taking the number
of lots divided by the total area (includes buildable area, detention
and water quality, common areas, easements, any form of public right-of-way,
etc.).
3.
Density Allowances. In situations where density requirements
and lot size, shape, topography, or location result in a subdivision
that cannot possibly meet the density requirements, a reduction in
minimum density may be granted by the Planning and Zoning Commission
if all of the following criteria can be met:
a.
The lot to be subdivided must be less than or equal to one-half
(1/2) acre in total area.
b.
The reduction in minimum density may not result in more than
one (1) additional single-family dwelling.
c.
The reduction in density will not result in a density that is
less than eighty-five percent (85%) of the minimum density required
in the applicable zoning district.
d.
The conditions unique to the site (size, shape, topography,
etc.) are not the result of actions by the applicant.
e.
In no event may a reduction in density be granted if it would
result in a use that would not be allowed as a permitted, accessory
or conditional use in the zone in which the property is located.
[Ord. No. 23-082A, 12-4-2023]
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F.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
G.
Design Requirements. All lots and improvements shall comply with
the following design requirements.
1.
Pedestrian Entryways. Primary entryways into principal structures
shall meet the following requirements.
a.
Private entries to the principal structure shall be provided
and be visible from the public right-of-way.
b.
Entryways shall separate private entries from the public sidewalk
with a semiprivate transition area, such as a porch, terrace, stoop,
or similar element and shall provide weather protection over each
primary entry, extending a minimum of four (4) feet from the building
facade.
c.
Entryways are allowed to extend up to five (5) feet into the
front yard setback.
d.
Entryways shall be at a minimum of forty percent (40%) in width
of the front of the residence.
e.
Entries shall provide an improved pedestrian connection, with
a width of no less than four (4) feet, from the public right-of-way
to the entry.
[Ord. No. 23-082A, 12-4-2023]
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2.
Garage Placement And Design. The placement and design of garages
shall create clear subordination to the principal structure.
a.
The garage entrance shall not extend beyond the front of the
home.
b.
All garages shall be placed to minimize negative visual impact
of the garage door. Options to achieving this requirement include,
but are not limited to, the following:
(1)
Rear-loading access from alley.
(2)
Recessed a minimum of ten (10) feet behind the
front of the home.
(3)
Side-on garages, where door is perpendicular to
the public right-of-way.
(4)
Cantilever second story over the garage.
(5)
Utilize a tandem garage.
(6)
Articulate garage doors with windows, paneling,
recesses, and other details.
c.
Garages facing the public right-of-way on single-family lots
that are less than fifty (50) feet wide shall not exceed sixty percent
(60%) of the width of the home.
d.
If using front- or side-loading garage, shared driveways with
platted access easements are required.
|
Rear-Loading Access From Alley
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Front-Facing Recessed Garages
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Side-On Garages
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H.
Public Improvements Required. Public Improvements shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
I.
Coving And Road Restrictions. The street system of a subdivision
shall be coordinated with existing, proposed, and anticipated streets
outside the subdivision or outside the portion of a single tract that
is being divided into lots (hereinafter, "surrounding streets") as
provided in this Section:
1.
Streets shall be related appropriately to the topography. In
particular, streets shall be designed to facilitate the drainage and
stormwater runoff objectives set forth in the technical specification's
manual, and street grades shall conform as closely as practicable
to the original topography.
2.
Collector streets shall intersect with surrounding collector
or arterial streets at safe and convenient locations.
3.
Local streets shall connect with surrounding streets where necessary
to permit the convenient movement of traffic between residential neighborhoods
or to facilitate access to neighborhoods by emergency service vehicles
or for other sufficient reasons.
4.
Connections shall not be permitted where the effect would be
to encourage the use of such streets by substantial through traffic
of non-residents to the subdivisions.
[Ord. No. 23-082A, 12-4-2023]
5.
Include streetscape design requirements (coving, traffic calming,
bulb-outs, crosswalks, bike routes).
[Ord. No. 23-082A, 12-4-2023]
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J.
Common Area Requirements. Common area shall be provided for subdivisions
utilizing the "R-SF2" Zoning District as provided in this Section.
1.
Common Area Calculation. The required minimum of common area
for public use shall be based upon a calculation of the anticipated
residential population of the subdivision when fully developed at
the rate of two (2) acres per fifty (50) residential lots.
a.
If the minimum common area dedication requirement exceeds ten
(10) acres, then the dedication shall be comprised of more than one
(1) parcel within the subdivision.
b.
The provisions of this Section are minimum standards. Nothing
in this Section is to be construed as prohibiting a developer from
dedicating or reserving other land for recreation purposes in addition
to the requirements of this Section.
c.
Common area shall not be required for subdivisions that result
in fewer than five (5) new lots.
[Ord. No. 23-082A, 12-4-2023]
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2.
Quality Of Dedicated Common Area. Lands to be dedicated in accordance
with the common space dedication requirements of this Section are
subject to the following standards. Land proposed to be dedicated
for park and recreation use must be suitable for such use and receive
the approval of the Planning and Zoning Commission and the Board of
Aldermen. The dedicated common area must be a cohesive whole but may
be of irregular outline or shape. Required stormwater detention areas
or wetland conservation space may count toward common area if improved
to incorporate recreational functions (i.e., soccer goals, etc.).
3.
Improvements Required. The developer shall, with the concurrence
of the Board of Aldermen, make improvements or provide recreational
facilities. When required by the Board of Aldermen, the developer
shall improve the land to be dedicated as follows:
[Ord. No. 23-082A, 12-4-2023]
a.
If the required common area dedication is four (4) acres or
less, the developer must provide within the common area, as approved
by the Board of Aldermen, a play area of twenty thousand (20,000)
square feet with not more than a four percent (4%) gradient or which
could reasonably be graded to such.
b.
If the required common area dedication is between four (4) acres
and nine (9) acres, provide a proportionate share of play area.
c.
If the required common area dedication is nine (9) acres or
more, provide a play and game area within the common area of not less
than eighty-five thousand (85,000) square feet with a maximum gradient
of four percent (4%) or which could reasonably be graded to such.
d.
Any land within the play area disturbed by construction activity
must have topsoil restored and the soil stabilized by appropriate
vegetative cover.
e.
Any subdivision with seventy-six (76) or more lots must include
an aquatic pool and pool house amenity. The pool area shall have a
minimum of ten (10) square feet of water surface area per lot in a
subdivision or one thousand five hundred (1,500) square feet, whichever
is greater. At the developer’s option, they can propose alternative
amenities such as sports field or courts as opposed to a pool that
has an equivalent construction value.
f.
When an aquatic pool is provided;
(1)
The pool deck area shall be at least twice the pool water surface
in square foot area; and
(2)
The pool house shall include a community room and bathrooms.
The developer’s design professional shall design the pool house
to accommodate the total pool occupant load based on final calculated
pool size.
g.
For amenity calculation purposes, all phases of the subdivision shall
be considered.
4.
Common Area Access. Each common area required in Subsection (J)(3) above, shall have frontage on a public street to provide acceptable access to the common area from a public street, taking into account the need for adequate frontage on a public street and the amount of frontage reasonably required by the circumstances of the particular common area. If adjacent to an existing or planned trail, the common area shall include an improved pedestrian connection from the trail to the common area(s).
[Ord. No. 23-082A, 12-4-2023]
5.
Trail Areas Included. Trails as well as trail amenities may
be counted toward satisfying the common area dedication requirements
excluding the aquatic pool and pool house amenity. Unless otherwise
expressly approved at the time of subdivision approval, trail areas
may only satisfy up to fifty percent (50%) of the required common
area. Trail amenities may include, but are not limited to, the following:
[Ord. No. 23-082A, 12-4-2023]
K.
Sidewalk And Trail Construction Required. Public trails and sidewalks
shall be constructed in accordance with the City ordinances, City
of Ozark Design Standards for Public Improvements, and the Linear
Park Trails and Connection to Linear Park Trails ordinance.
[Ord. No. 23-082A, 12-4-2023]
L.
Private Access Easement. There shall be no private access easement
for any lot of new residential development except for alleyways to
access rear-loading garages which shall be privately maintained. Each
lot shall comply with the minimum frontage requirements onto a public
right-of-way. Additional private access beyond alleyways will only
be permitted where the Board of Aldermen finds:
1.
That private ownership, control and maintenance of street right-of-way
is integral to the design and function of the subdivision.
2.
Provision has been made for the continuing and adequate maintenance
of such streets in accordance with this Chapter.
3.
There is evidence that the property rights, including rights
of access of persons purchasing land within and adjacent to the subdivision,
are safeguarded to the degree they would be protected if the streets
were dedicated to the public.
4.
The public interest and welfare is not jeopardized.
5.
Private streets shall be improved in accordance with City standards
and specifications.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §2, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired.
[Use Regulations. All buildings and land within a
"R-1A" zoning district shall be limited to the following uses:]
B.
Retired.
[Conditional Uses. The following uses are permitted
as conditional uses subject to the provisions of this Title and approval
by Planning and Zoning Commission:]
2.
[Group homes. No group home shall be located within
two thousand five hundred (2,500) feet of another group home. The
exterior appearance of the home and property shall be in reasonable
conformance with the general neighborhood standards. Group homes shall
be eleemosynary or not-for-profit in nature.]
3.
Retired. [Cemeteries. Cemeteries shall be a
conditional permanent use and shall address the unique requirements
of cemetery uses in a manner conducive to the public health, safety
and general welfare and in accordance with the Comprehensive Plan
of the City. Cemeteries shall only be allowed when all of the following
conditions have been met:]
a.
[The property must be a single tract or parcel consisting of
no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri. The property must consist of a single tract or parcel not
divided by any street, alley or other property.]
e.
[Principal entryways must be clearly defined by architecturally
treated entry gates.]
f.
[Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.]
g.
[No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.]
h.
[No signs shall be permitted to be attached to or hung from
the required screening.]
i.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.]
j.
[The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.]
|
|
[Any other uses not listed will be required to obtain a conditional
use permit.]
|
C.
Retired.
[Non-Permitted Uses. Cell towers.]
D.
Retired.
[Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §3, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired.
[Use Regulations. All buildings and land within a
"R-1B" zoning district shall be limited to the following uses:]
B.
Retired. [Conditional Uses. The following uses are
permitted as conditional uses subject to the provisions of this Title
and approval by the Planning and Zoning Commission:]
2.
[Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:]
a.
[The property must be a single tract or parcel consisting of
no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.]
d.
[The property must consist of a single tract or parcel not divided
by any street, alley or other property.]
f.
[Principal entryways must be clearly defined by architecturally
treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from
the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.]
C.
Retired.
[Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §4, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired.
[Use Regulations. All buildings and land within "R-1C"
zoning district shall be limited to the following uses:]
B.
Retired. [Conditional Uses. The following uses are
permitted as conditional uses subject to the provisions of this Title
and approval by the Planning and Zoning Commission:]
2.
Retired. [Cemeteries. Cemeteries shall be a
conditional permanent use and shall address the unique requirements
of cemetery uses in a manner conducive to the public health, safety
and general welfare and in accordance with the Comprehensive Plan
of the City. Cemeteries shall only be allowed when all of the following
conditions have been met:]
a.
[The property must be a single tract or parcel consisting of
no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.]
d.
[The property must consist of a single tract or parcel not divided
by any street, alley or other property.]
f.
[Principal entryways must be clearly defined by architecturally
treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from
the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.]
C.
Retired.
[Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
[Ord. No. 10-003 §2, 2-1-2010; Ord. No. 14-016 §5, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired.
[Use Regulations. No application for this Zoning
District will be granted in any subdivision unless that subdivision
has used coving as a design feature. All buildings and land within
the "R-1D" zoning district shall be limited to the following uses:]
B.
Retired. [Conditional Uses. The following uses are
permitted as conditional uses subject to the provisions of this Title
and approval by the Planning and Zoning Commission:]
2.
Retired. [Cemeteries. Cemeteries shall be a
conditional permanent use and shall address the unique requirements
of cemetery uses in a manner conducive to the public health, safety
and general welfare and in accordance with the Comprehensive Plan
of the City. Cemeteries shall only be allowed when all of the following
conditions have been met:]
a.
[The property must be a single tract or parcel consisting of
no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.]
d.
[The property must consist of a single tract or parcel not divided
by any street, alley or other property.]
f.
[Principal entryways must be clearly defined by architecturally
treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from
the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.]
C.
Retired.
[Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
D.
Retired.
[Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.]
E.
Retired.
[Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.]
F.
Retired.
[Roadway Requirements. This district, when considered
for a subdivision, is intended for areas that have access for vehicular
traffic from primary collector or higher classification streets without
crossing minor streets in adjoining neighborhoods. Approval of an
application may be considered on roads with classification less than
a primary collector only when the developer is willing to make the
necessary roadway improvements to meet the criteria of a primary collector
road at their expense.]
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within "R-1P" zoning
district shall be limited to the following primary uses:
1.
Attached single-family dwellings, with a maximum of two (2) residences.
a.
Common party walls must be located on the property line, must be
a minimum of eight (8) inches thick, be constructed of masonry with
no openings and meet applicable building code standards for fire walls
and party walls.
b.
No portions of the dwelling or architectural features may project
over any property line.
c.
One (1) side yard meeting minimum distance is required for each structure.
B.
Building Height. No building shall exceed two (2) stories
and thirty-five (35) feet in height.
C.
Conditional Uses. The following uses are permitted
as conditional uses subject to the provisions of this Title and approval
by the Planning and Zoning Commission:
[Ord. No. 14-016 §6, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009]
B.
Conditional Uses. The following uses are permitted
as conditional uses subject to the provisions of this Title and approval
by the Planning and Zoning Commission:
[Ord. No. 14-016 §7, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within a "R-3" zoning
district shall be limited to the following primary uses:
[Ord. No. 23-028, 4-3-2023]
B.
Conditional Uses. The following uses are permitted
as conditional uses subject to the provisions of this Title and approval
by the Planning and Zoning Commission:
[Ord. No. 14-016 §8, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within a "R-4" zoning
district shall be limited to the following primary uses:
1.
Multi-family residential dwellings.
B.
Conditional Uses. The following uses are permitted
as conditional uses subject to the provisions of this Title and approval
by the Planning and Zoning Commission:
[Ord. No. 14-016 §9, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth Article V of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-025 §2, 8-22-2011; Ord.
No. 13-025 §1, 7-15-2013; Ord. No. 16-041 §1, 10-3-2016; Ord. No. 14-016 §10, 4-21-2014; Ord. No. 19-061, 8-5-2019]
A.
Purpose. The general commercial district is intended to allow for
a variety of commercial, retail and office uses along major thoroughfare
routes within the City. Architectural design guidelines within this
Section are intended to protect, preserve and enhance the visual and
architectural appearance of said properties along these major traffic
routes.
B.
Permitted Uses.
1.
Any commercial structure and/or operation that provides, displays,
advertises and sells goods, supplies and/or services to the general
public.
2.
Any governmental office building and/or use.
3.
Auto Sales And Auto Detailing. Establishments engaged in the
business of sales of motorized vehicles and/or equipment and detailing
of motorized vehicles.
4.
Marijuana Licensed Dispensary Facility. No new marijuana licensed dispensary facility shall be initially sited within one hundred (100) feet of any then-existing elementary or secondary school, daycare, or church as those terms are defined in Article XIV of the Missouri Constitution. The distance between the facility and the then-existing elementary or secondary school, daycare, or church shall be measured from the primary entrance/exit door to primary entrance/exit door. Said distance measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 23-010, 1-17-2023]
C.
Conditional Uses.
1.
Cell towers (see Section 405.500(H)).
2.
When two (2) or more uses are requested on a parcel of record in a commercial district and the primary use is a permitted use and the secondary use requested is not, a conditional use permit shall be required. The applicant may submit a conditional use application for consideration by the Planning and Zoning Commission for the secondary non-permitted use as long as it is associated with and/or assists in the primary use and the conditional use to be granted complies with all of the applicable provisions of this Chapter. (See Section 405.500.)
3.
Cemeteries. Cemeteries shall be a conditional permanent use
and shall address the unique requirements of cemetery uses in a manner
conducive to the public health, safety and general welfare and in
accordance with the Comprehensive Plan of the City. Cemeteries shall
only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
4.
Crematories for the disposal of deceased human and animal remains.
[Ord. No. 21-005, 2-1-2021]
D.
Non-Permitted Uses.
1.
All those uses permitted within "A-1," "R1-A," "R1-B," "R1-C,"
"R1-P," "R-2," "R-3," "R-4," "I-1" and "M" zoning districts.
E.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
F.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Applicability. The requirements of this Section shall apply
in the following situations:
1.
All property within six hundred (600) feet of the rights-of-way lines
of Highway 65 within the City limits of the City of Ozark; or
2.
All new structures with exterior walls that face, are parallel to,
adjacent to or can be seen from all public rights-of-way classified
as a roadway other than residential; or
3.
All proposed structures within planned commercial shopping center
developments with exterior walls that face, are parallel and/or are
adjacent to public rights-of-way classified as a roadway other than
residential; or
4.
All detached exterior walls including, but not limited to, retaining,
landscaping or stormwater detention walls that face, are parallel
to and/or are adjacent to public rights-of-way. Said walls shall be
constructed or faced with materials approved within this Section and
similar to that used for the primary structure; or
5.
Redevelopment projects as defined in this Title.
B.
Exceptions. The requirements of this Section shall not apply
in the following situations:
1.
The rear exterior wall of any structure not adjacent to or facing
public rights-of-way; or
2.
Where it is evident that the exterior walls of a structure will be
blocked from the view of public right-of way as a result of topography
or future development within a platted subdivision. The applicant
shall provide information that appropriately supports the existence
of this situation; or
3.
Interior remodeling of an existing structure requiring a building
permit.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 13-025 §§2 —
4, 7-15-2013]
A.
General. Developments along commercial corridors are typically
highly visible to passing motorists. High quality building materials
should be used to add texture, color and visual interest to the otherwise
bland appearance of large walls, roofs and facades. A list of appropriate
materials should be represented on the construction drawings of each
building application to be approved by the Department of Planning
and Development.
B.
Prohibited Exterior Materials. The following materials are
prohibited from use as an exterior building finish on all exterior
walls:
C.
Approved Rear Exterior Wall Materials. The following exterior
finish materials shall be allowed on the rear exterior wall of a building
unless the rear exterior wall faces a public right-of-way, and must
match in color that material used on the other exterior walls of the
structure:
[Ord. No. 19-005, 2-4-2019]
1.
Exposed concrete masonry units (CMU) standard gray block;
2.
Concrete finishes or pre-cast concrete panels (such as tilt-up walls)
that are exposed aggregate, hammered or sandblasted and are unable
to be painted;
3.
Wood, metal, and vinyl siding;
[Ord. No. 24-015, 2-5-2024]
4.
Prefinished metal building panel, including ribbed metal, R panels
or agricultural type; and
[Ord. No. 24-015, 2-5-2024]
5.
All materials in the approved exterior materials list below.
D.
Approved Exterior Wall Materials. The following exterior
finish materials shall be allowed on all exterior walls of a building:
[Ord. No. 19-005, 2-4-2019]
1.
Customary brick masonry;
2.
Natural or cast stone;
3.
Oversized brick;
4.
Split-faced block;
5.
EIFS (exterior insulated finish) or synthetic equivalent;
6.
Architectural pre-cast concrete;
7.
Metal-panel systems;
[Ord. No. 24-015, 2-5-2024]
8.
Transparent glass curtain wall and storefront systems, such as Kawneer,
EFCO, Visionwall and reflective glass;
9.
Accent materials such as glass block and ceramic tiles;
10.
Wood or fiber board and batten (horizontal or vertical); or
11.
Each proposed metal material shall not exceed fifty percent (50%)
coverage on any front or side elevation. Desired design intent is
to provide a variety of material and color creating an aesthetic architectural
effect to visually break up the wall.
E.
Approved Roof Materials. The following roofing finish materials
shall be allowed on a roof and/or overhangs:
[Ord. No. 19-005, 2-4-2019]
1.
Natural or composite slate roofing;
2.
Real or composite terra cotta tile roofing;
3.
Architectural shingle roofing material; or
4.
Metal roofing, standing seam and copper; flat roofs that are shielded
from view may use materials designed for that use. (Environmental
green roof applications may be considered.)
[Ord. No. 24-015, 2-5-2024]
F.
Building Orientation. New buildings located along a street
frontage shall, to the maximum extent feasible, position building
walls so as to conform to surrounding buildings, including those existing
adjacent buildings or buildings within one hundred (100) feet of the
lot line.
G.
Multiple-Building Developments. When there is more than
one (1) building in a development, all principal and pad site buildings
shall be arranged and grouped so that their primary orientation complements
adjacent, existing development.
H.
Parking Buffers. Parking lot edges shall be buffered from public rights-of-way and adjacent properties as stated in Article VI of this Chapter.
I.
Screening And Storage Of Outside Merchandise/Materials. The
outside storage of supplies, materials and/or merchandise either for
sale, personal use or utilized for the operation of an approved land
use shall be located in the rear or side yards and subject to the
following regulations:
[Ord. No. 19-005, 2-4-2019]
J.
Outdoor Display of Merchandise for Sale. The outdoor display
of merchandise for sale for the operation of an approved land use
may be located in the front yard area as long as it is compliant with
all site plan requirements, parking requirements, setbacks, safety
requirements and easements and does not impede the flow of pedestrian
or vehicular traffic.
[Ord. No. 15-007 §1, 2-17-2015; Ord. No. 19-005, 2-4-2019]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §11, 4-21-2014; Ord. No. 19-061, 8-5-2019]
A.
Purpose. This district is intended to be a mixed-use district that
accommodates a variety of residential, commercial and public uses.
It is intended to allow flexible setbacks, smaller lot sizes and increased
lot coverage to encourage density development in the urban core of
the community. The intent of this district is to protect the small
community appeal, integrity, character and charm within the Central
Business District by encouraging redevelopment that focuses on architecturally
appropriate design standards typical of the City's early development
history. Furthermore, this district is intended to permit neighborhoods
of mixed uses existing within the same structure.
B.
Permitted Uses.
1.
Any business that provides, displays, advertises and sells goods,
supplies and/or services to the general public as long as all activities
associated with said business are contained entirely indoors.
2.
Any governmental building.
3.
Residential dwellings.
4.
Home occupations.
5.
Marijuana Licensed Dispensary Facility. No new marijuana licensed dispensary facility shall be initially sited within one hundred (100) feet of any then-existing elementary or secondary school, daycare, or church as those terms are defined in Article XIV of the Missouri Constitution. The distance between the facility and the then-existing elementary or secondary school, daycare, or church shall be measured from the primary entrance/exit door to primary entrance/exit door. Said distance measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 23-010, 1-17-2023]
C.
Non-Permitted Uses. All of those uses otherwise permitted within
"A-1," "R-3," "R-4," "I-1" and "M" zoning districts.
D.
Conditional Uses. The following uses are permitted as conditional
uses subject to the provisions of this Title and approval by the Planning
and Zoning Commission.
1.
Convenience stores with or without gas pumps, but not including
automotive repair or service.
2.
All proposed structures with floor space greater than five thousand
(5,000) square feet.
3.
Cemeteries. Cemeteries shall be a conditional permanent use
and shall address the unique requirements of cemetery uses in a manner
conducive to the public health, safety and general welfare and in
accordance with the Comprehensive Plan of the City. Cemeteries shall
only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of
no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
[Ord. No. 09-012 §1, 4-6-2009]
A.
All
new parcels of property platted and/or recorded after the effective
date of this Section shall abut by their full frontage onto a public
street right-of-way except in the instance of a planned urban development
(PUD). Primary access roadways to any lot, whether private or public,
must meet all subdivision design guidelines in accordance with the
City of Ozark Design Specifications for Public Improvements.
B.
All
permitted activities and uses, except the following, shall be conducted
entirely within an enclosed building: bank drive-thru, outdoor seating
areas for eating and drinking facilities, street vendors licensed
by the City of Ozark and playgrounds associated with schools or day
cares.
C.
Non-Permitted Uses. Cell towers.
D.
Only
during those hours in which any business is open shall the display
of any merchandise and/or materials for sale exist on the outside
of the primary structure.
E.
Existing
non-conforming structures shall comply with all design requirements
at such time the present use is changed and/or the issuance of a business
license is required.
F.
Any
construction or remodeling to the exterior of an existing building
shall be required to submit a building permit application. All proposals
must meet to the fullest extent possible the architectural guidelines
of this Chapter. Proposed exterior finish materials must be from the
approved materials list.
G.
The
proposed colors for new structures must match, to a logical extent,
those buildings surrounding the project in question as well as fit
in with the character of the historic downtown area. Bright and brilliant
colors shall only be used as accents.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 20-040, 6-1-2020; Ord. No. 21-066, 8-2-2021]
All buildings, properties and/or parcels of record that fall within a designated historic district shall be required to follow the additional regulations in the Code referencing the Historic Overlay District, Sections 405.470 through 405.479 of this Chapter, before a building/zoning permit can be issued by the Department of Planning and Development.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-006 §1, 1-17-2012]
A.
The
following design standards are established for developments within
this district as these areas are highly visible and largely establish
the image and character of Ozark's downtown.
1.
General standards.
a.
The use of galvanized chain link fencing is prohibited. The use of wood, vinyl, wrought iron and masonry materials for screening or fencing are allowed. No fencing shall exceed four (4) feet in height, including front yards, except for screening purposes in accordance with Subsection (1)(c) below.
b.
If an applicant wishes to use exterior finish materials not listed
in the approved list below, he/she must obtain permission from the
Planning and Zoning Commission. The applicant shall provide either
a sample of the proposed material for review or a detailed drawing
of how and where the materials are to be used in the project. If approved
by the Commission, a note shall be added to the architectural drawings
stating the date when the alternative materials were approved.
c.
All refuse storage areas shall be screened with masonry materials and be no less than six (6) feet in height. Said materials shall be of like texture and color as the primary structure. Mechanical, electrical and air conditioning equipment units, both on ground and/or on rooftops, shall be screened from view utilizing those materials listed in Subsection (1)(a) above.
[Ord. No. 23-042, 7-3-2023]
d.
All gas and electric meters, downspouts and other appurtenances shall
be either incorporated internally into the structure or be of similar
color or material to the principal structure. Downspouts and guttering
shall be of an appropriate material that matches the architectural
style of the building and in no instance shall PVC pipe be used for
rain gutter systems.
2.
Building material standards.
a.
Prohibited exterior materials. The following materials
are prohibited from use as an exterior building finish on all exterior
walls that face or can be seen from local streets and roadways:
b.
Approved rear exterior materials. The following
exterior finish materials are allowed on the rear exterior wall of
a building unless the rear exterior wall faces or can be seen from
any local street, alley or roadway:
(1)
Non-gray exposed concrete masonry units (CMU).
(2)
Concrete finishes or pre-cast concrete panels (such as tilt-up
walls) that are exposed aggregate, hammered or sandblasted and are
unable to be painted.
(3)
Non-gray split-faced block (natural earth tones, brick reds,
etc.).
(4)
Non-gray EIFS (exterior insulated finish) or synthetic equivalent.
If used, EIFS must be consistent with the main wall color.
(5)
Non-gray architectural pre-cast concrete.
c.
Approved exterior materials. The following exterior
finish materials shall be allowed on all exterior walls of the building:
(1)
Brick — standard or oversized.
(2)
Natural or cast stone.
(3)
EIFS (exterior insulated finish) or synthetic equivalent may
only be used as accents to the primary structure and may not exceed
more than twenty-five percent (25%) of exterior walls.
(4)
Ship-lap siding no less than eight (8) inches in width. All
siding must be installed in a horizontal direction and covered with
an exterior paint.
d.
Approved roof materials. The following finish materials
are allowed on the roof, awnings and overhangs:
3.
Architectural design standards. All buildings in
this district shall have no less than one (1) design feature from
the following list:
4.
Height requirements. Maximum structure height shall
not exceed three (3) stories and/or forty (40) feet in total height.
5.
Corner lots.
a.
Buildings on corner lots or axial intersect or terminus shall be
built with additional height and architectural embellishments, such
as towers, fountains, clock towers, etc.
b.
When there is more than one (1) building on a single lot of record,
all principal and pad site buildings shall be arranged and grouped
so that their primary orientation complements adjacent, existing development.
6.
Parking buffers. When off-street parking areas are
proposed, they shall be buffered from public rights-of-way or adjacent
properties as required by this Title.
7.
Sign guidelines.
[Ord. No. 22-028, 6-6-2022]
a.
No external wall signage shall be allowed above the first (1st) floor
of any building.
b.
No external wall signage shall be made of channel lettering with
the exception of the front of buildings immediately adjacent to the
3rd Street right-of-way.
c.
External wall signs may only be illuminated by external lighting
with the exception of those wall signs on the front of buildings facing
the 3rd Street right-of-way.
d.
Wall-mounted cabinet or container signs are not allowed within this
district.
e.
Monument signs may be illuminated by either internal or external
lighting.
f.
Special illumination devices, L.E.D. boards and electronic video
display signs capable of displaying multiple photos, pictures, images
or words are prohibited within this district.
g.
All buildings, properties and/or parcels of record that have been
designated as historic or fall within a designated historic district
shall obtain a Historic District Permit for any permanent sign.
8.
Allowed sign types.
[Ord. No. 22-028, 6-6-2022]
a.
Wall signs. Each business is allowed one (1) wall
sign that is not to exceed more than seven percent (7%) of the area
on the building facade in which the sign is placed. No sign may extend
more than twelve (12) inches from the wall face. Only external lighting
may illuminate any wall sign except for signs facing the 3rd Street
right-of-way.
b.
Monument signs. A business located on its own lot
of record may have one (1) monument sign on its property. The signs
shall not exceed six (6) feet in height and the sign face shall not
exceed fifty (50) square feet in area. The outer edge of the sign
may be placed on the property line but shall not be located within
public right-of-way or obstruct the view of motorists. The frame of
all monument signs must be constructed of brick, stone, block, exterior
insulated finish or synthetic equivalent and must match the materials
used for the primary structure. The bottom of all monument signs must
be flush with the ground.
c.
For large scale mixed-use developments, shopping centers or PUDs,
the subdivision may have one (1) sign for shared use along the street
frontage. The shared use sign does not count against the allowable
signage for an individual business. This shared monument sign shall
be no higher than ten (10) feet and the sign face shall not exceed
one hundred (100) square feet of advertising area. No sign shall be
located within public right-of-way or obstruct the view of motorists.
d.
Window signs. Each business is allowed one (1) window
sign. This sign may not flash or blink and is not allowed to take
up more than fifty percent (50%) of the window in which it is placed.
No more than three (3) separate neon signs shall occupy any window
area.
e.
Awning signs. Businesses are allowed to have printing
on their awnings. Any printing on an awning shall be considered a
sign. Each awning is allowed one (1) sign per awning. An awning sign
may not take up more than thirty percent (30%) of the awning's total
face area.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-006 §2, 3-21-2011; Ord.
No. 11-007 §1, 3-21-2011; Ord. No. 11-008 §1, 3-21-2011; Ord.
No. 12-036 §1, 10-15-2012]
A.
Purpose. The "I-1" zoning district is established to provide
for industrial, manufacturing and warehousing uses within the City
of Ozark. The regulations contained in this Section are intended to
encourage a productive operating environment for such uses and to
protect adjacent businesses and land uses not within the zoning district.
B.
Permitted Uses.
1.
City-wide public uses by rights. Public uses, essential
public services, open land uses and similar uses which are subject
to public controls.
2.
Dedicated warehousing. Warehousing establishments
and places of business.
3.
Storage. Mini-storage facility and/or outdoor storage
facilities, primarily for the storage of goods and materials.
4.
Manufacturing. Industrial uses which usually generate
limited environmental impact. Generally these uses involve the assembly,
fabrication, packaging and processing of previously prepared materials.
These uses include fabricated metal products, structural products,
extruded plastics and textile products.
5.
Transportation services. Establishments primarily
engaged in furnishing local and suburban passenger transportation
including taxicabs, ambulance service, passenger bus station and terminal
transportation charger service, non-profit transit services and school
buses.
6.
Trades and services. Establishments engaged primarily
in providing products and services completely indoors related to HVAC,
plumbing, mechanical and electrical services.
7.
Research and development activities. Any use charged
with the principal function of basic research, design and pilot or
experimental product development when conducted within a completely
enclosed building.
8.
Heavy equipment sales and/or storage. Establishments
engaged in the business of sales, rental, mechanical service or storage
of heavy machinery or construction equipment.
9.
Auto sales and auto detailing. Establishments engaged
in the business of sales or motorized vehicles and/or equipment and
detailing of motorized vehicles.
C.
Conditional Uses Permitted.
1.
Bulk petroleum storage and distribution facilities.
2.
Commercial entertainment facility, indoor and outdoor, and motorized
sports facilities.
3.
Commercial recycling facilities.
4.
Motor freight facilities.
5.
Other light manufacturing uses which are not permitted outright but
which are consistent with the purpose of the "I-1" zoning district
and are not detrimental to any of the outright permitted uses or other
existing conditional uses.
6.
Cell towers and/or any other wireless tower(s) (see Section 405.500(H)).
7.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
[Ord. No. 14-016 §12, 4-21-2014]
a.
The property must be a single tract or parcel consisting of
no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
8.
Crematories for the disposal of deceased human and animal remains.
[Ord. No. 21-006, 2-1-2021]
D.
Other Conditional Uses.
1.
Sexually oriented business — purpose, locations, distance
measured.
a.
Purpose. The purpose of these regulations is to
protect residential property values by restricting the location of
sexually oriented businesses. National studies indicate that such
businesses are perceived to have a negative impact on residential
property values. Dispersion of sexually oriented businesses is required
in order to avoid concentration of uses that have a negative impact
on adjoining property values.
b.
Locations. An adult cabaret or adult bookstore or
adult video store may locate only as conditional uses in the "I-1"
zoning districts. Such uses are prohibited within the area circumscribed
by a circle that has a radius of five hundred (500) feet from any
residential zoning district, school, park, church or public community
center. No more than one (1) such use may locate within each one thousand
(1,000) feet.
c.
Distance measured. The distance required in shall
be measured by following a straight line, without regard to intervening
structures or objects, from the adult cabaret or adult bookstore or
adult video store to the nearest point of the parcel of property containing
a school, park, church, public community center or a residential zoning
district boundary line.
|
|
Conditions of approval shall be established during the requested
Planning and Zoning hearing based on the unique characteristics of
the property and proposed use.
|
2.
Concrete batch plant — purpose and locations.
a.
Purpose. The purpose of these regulations is to
protect property values adjacent to the industrially zoned property
by assuring that there is adequate screening and buffering between
the two (2) properties or, in the case of a portable/temporary concrete
batch plant, that there is a definite term for the operation of the
plant, and that all State environmental or other permits have been
obtained and compliance measures are in place.
b.
Location. A concrete batch plant, whether permanent
or portable/temporary, shall be placed upon the property or job site
in such a fashion as to minimize the impact of cement trucks, dump
trucks and/or large work trucks upon surrounding landowners. If a
portable/temporary plant is approved, at the termination date of the
plant, the site must be restored to its original state.
|
|
Conditions of approval shall be established during the requested
Planning and Zoning hearing based upon the unique characteristics
of the property and proposed use.
|
E.
Limitations On Use. In an "I-1" zoning district, the following
limitations on use shall apply:
1.
All of the uses permitted under this Section shall have their primary
operations conducted entirely within enclosed buildings unless otherwise
allowed with an approved conditional use.
2.
Materials shall be stored and grounds shall be maintained in a manner
which will not attract or aid the propagation of insects or rodents
or otherwise create a health hazard.
3.
The permanent or temporary outside storage and/or display of supplies,
merchandise or materials for sale to others shall not be the primary
use of any lot of record.
4.
For further inquiries on definitions please refer to the definitions
in the Ozark City Code.
F.
Other Regulations.
1.
Noxious conditions. No land or building in the "I-1"
zoning district shall be used, constructed or operated so as to create
any noxious, offensive, objectionable, dangerous or other undesirable
effect on persons or property outside the lot line by virtue of emission
of smoke, particulate matter, noise, fumes, odor, vibrations, glare,
liquid and solid waste, heat, explosive materials or similar effects.
2.
Liquid and solid waste. No material or wastes shall
be stored on any property in "I-1" zone in such manner that they may
be transferred off the property by natural causes.
3.
Fire and explosive hazards. All activities involving
and the storage of flammable and explosive materials shall comply
with the latest National Fire Protection (NFP) Code.
4.
Compliance. All building, uses, development and
activities conducted within the "I-1" zone shall be constructed, maintained,
pursued and/or conducted in accordance with all applicable State,
Federal and local Statutes and regulations, including health, safety
and environmental.
G.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
H.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
I.
Landscaping Requirements. Landscaping shall be required for all buildings, uses and development within the "I-1" zone in accordance with the landscaping requirements set forth in Article VI of this Chapter. All open areas in the required yards, except driveways, parking areas, walkways and storages areas shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscape materials.
J.
Public Works. Any public improvements or modifications shall
comply with the latest revision of the City of Ozark design standards.
K.
Screening And Storage Of Outside Merchandise/Materials. The
outside storage of supplies, material and/or merchandise either for
sale, personal use or utilized for the operation of an approved land
use shall be located in the rear yard and subject to the following
regulations:
1.
The permanent or temporary outside storage and/or display of supplies,
merchandise or materials for sale to others shall not be the primary
use of any lot of record.
L.
Outdoor Display of Merchandise for Sale. The outdoor display
of merchandise for sale for the operation of an approved land use
shall be located in the front yard area as long as it is compliant
with all site plan requirements, parking requirements, setbacks, safety
requirements and easements and does not impede the flow of pedestrian
or vehicular traffic.
[Ord. No. 15-007 §3, 2-17-2015]
[Ord. No. 21-100, 12-6-2021]
A.
Purpose.
The "GM-U" District is established to group and link places used for
working, shopping, educating and recreating with residential uses,
thereby creating a connected community form. This district allows
commercial, office, civic, attached-single-family and multi-family
uses. The siting and architectural design and scale of structures
in this district should be compatible with surrounding development
and shall follow the design guidelines within this Section. "GM-U"
can be implemented along any roadway, with the exception of those
categorized as "Residential" or "Residential Collectors."
B.
Permitted
Uses.
1.
Single-family attached and live-work units.
2.
Two-family dwelling.
3.
Multiple-family dwellings.
4.
Home occupations.
5.
Any commercial structure and/or operation that provides, displays,
advertises and sells goods, supplies and/or services to the general
public.
6.
Auto Sales And Auto Detailing. Establishments engaged in the business
of sales of motorized vehicles and/or equipment and detailing of motorized
vehicles.
7.
Any governmental office building and/or use.
8.
Indoor-storage facility primarily for the storage of goods and materials.
9.
Trades And Services. Establishments engaged primarily in providing
products and services completely indoors related to HVAC, plumbing,
mechanical and electrical services.
10.
Outdoor recreational facilities.
11.
Marijuana Licensed Dispensary Facility. No new marijuana licensed dispensary facility shall be initially sited within one hundred (100) feet of any then-existing elementary or secondary school, daycare, or church as those terms are defined in Article XIV of the Missouri Constitution. The distance between the facility and the then-existing elementary or secondary school, daycare or church shall be measured from the primary entrance/exit door to primary entrance/exit door. Said distance measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 23-010, 1-17-2023]
C.
Conditional
Uses.
1.
Crematories for the disposal of deceased human and animal remains.
2.
Cemeteries. Cemeteries shall be a conditional permanent use and shall
address the unique requirements of cemetery uses in a manner conducive
to the public health, safety and general welfare and in accordance
with the Comprehensive Plan of the City. Cemeteries shall only be
allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less
than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from
the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally treated
entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip
of land shall be devoted to a buffer between the cemetery and the
adjacent property, including street rights-of-way. This buffer shall
contain a decorative fence, wall or hedge which is a minimum of four
(4) feet in height and a maximum of eight (8) feet in height. Fence
details and landscaping plans for the buffer strip shall be submitted
and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification
sign which must be monument style, directional signs, signs displaying
the hours and days of operation, signs displaying rules and regulations,
headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required
screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space
per acre of the cemetery. In addition parking spaces shall be provided
for cemetery structures and/or employees when applicable.
D.
Non-Permitted
Uses. All uses not mentioned as "Permitted Uses" or "Conditional Uses."
E.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
F.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
G.
Signage Requirements. Signage shall be installed in accordance with the requirements set forth in Chapter 407 of this Title.
H.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter or a minimum of fifteen percent (15%) open space, whichever is greater.
1.
An alternative landscape may be considered that minimizes the perimeter
and street frontage landscaping by providing a public amenity. The
public amenity shall be at a minimum of twenty percent (20%) in size
of the lot. The public amenity shall also contain the minimum required
shrubs and trees that the perimeter and street frontage landscaping
would have required.
[Ord. No. 21-100, 12-6-2021]
A.
Buildings
and development sites that contain a mix of uses are strongly encouraged.
Large development sites represent an important opportunity for creating
quality mixed-use developments that will enhance the local economy.
B.
Developments
can contain multiple buildings that have different uses on the same
parcel.
C.
Developments
shall contain a minimum of two (2) outdoor public spaces such as outdoor
living, eating, active or passive park space, public art, interlinking
trail systems, water features or other staff-approved recreational
type features.
D.
Follow
"C-2" General Building Design Guidelines for non-residential developments.
E.
Any
new structure within this district shall adhere to the following:
1.
Facades that face streets or face pedestrian walkways that have more
than one (1) storefront shall be subdivided and proportioned using
at least one (1) or more of the following features: windows, arcades,
arbors, awnings (over windows or doors), changes in color or materials,
distributed along the facade at least once every twenty-five (25)
feet.
F.
Buildings
that contain two (2) uses shall include at least a minimum twenty-five
percent (25%) of non-residential space, and shall not exceed seventy-five
percent (75%) residential space. The street level floor shall be required
to be a permitted as a non-residential use. Single-family cannot be
standalone. Single-family can only be located above a non-residential
level.
G.
Drive-throughs
And Drive-Ups.
1.
Drive-Up Windows. The drive-up window shall be placed on non-street
facing sides.
H.
Parking.
1.
All off-street parking for townhouses and multi-family buildings
shall be located to the side or rear.
2.
A minimum of fifty percent (50%) of the required surface parking
shall be located at the rear of the building.
3.
Shared parking shall be permitted as approved by the Director along
with a recorded parking agreement between the owners.
4.
Developments shall provide parking for bicycles at a minimum of one
(1) bicycle space per twenty (20) parking stalls.
5.
Loading areas shall be located in the rear or side yards.
I.
Trash
Receptacles.
1.
The tenants and occupants of the development shall be serviced by
one (1) communal trash receptacle area.
2.
Outside trash receptacles shall be fully screened by an enclosure
that matches the development's building materials.
3.
Trash receptacles and enclosure shall be located in the side or rear
of the property.
4.
Property owners must maintain the property in a clean and sanitary
condition. The owner shall be responsible for the disposal of any
litter on the premises.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §13, 4-21-2014; Ord.
No. 23-028, 4-3-2023]
A.
Retired.
[Use Regulations. All buildings and land within a
"M" zoning district shall be limited to the following primary uses:]
1.
[Mobile homes and manufactured homes.]
2.
[Accessory buildings customarily incidental and subordinate to the
use of mobile homes. Buildings housing such facilities as laundromats,
nurseries, etc., and only when such facilities are intended for the
use of persons residing within the zoning district.]
B.
Retired. [Conditional Uses. The following uses are
permitted as conditional uses subject to the provisions of this Title
and approval by the Planning and Zoning Commission:]
1.
[Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:]
a.
[The property must be a single tract or parcel consisting of
no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.]
d.
[The property must consist of a single tract or parcel not divided
by any street, alley or other property.]
f.
[Principal entryways must be clearly defined by architecturally
treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from
the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.]
C.
Retired.
[Design Standards.]
1.
[A mobile home district shall be no less than three (3) acres in
total area.]
2.
[Each mobile home in a mobile home district shall occupy a designated
space having at least thirty-five hundred (3,500) square feet of lot
area.]
3.
[Each mobile home space shall have a width of at least forty (40)
feet, exclusive of common driveways.]
4.
[Each mobile home space shall abut a driveway within the park. Said
driveways shall be graded and surfaced with not less than four (4)
inches of crushed stone or other suitable material on a well compacted
subbase to a continuous width of twenty-five (25) feet, exclusive
of required parking spaces.]
5.
[Two (2) off-driveway parking spaces with not less than four (4)
inches of crushed stone or other suitable material on a well compacted
subbase shall be provided for each mobile home space. Required parking
spaces may be included within the three thousand five hundred (3,500)
square feet required for each mobile home space.]
6.
[At least two hundred (200) square feet of recreation space for each
mobile home space shall be reserved within each mobile home park as
common recreation space for the residents of the park. Such areas
shall, along with driveways and walkways, be adequately lighted for
safety.]
7.
[No mobile home or other structure within a mobile home district
shall be closer to each other than thirty (30) feet, except that storage
or other auxiliary structures for the exclusive use of the mobile
home may be no closer to another home than twenty (20) feet.]
8.
[No mobile home shall be located closer than thirty (30) feet to
the exterior boundary of the district of a bounding street right-of-way.
Buildings used for laundry or recreation purposes shall be located
no closer than forty (40) feet to the exterior boundary or the right-of-way
of a bounding street.]
9.
[Plans clearly indicating the developer's intention to comply with
the provisions of this Section shall be submitted to and approved
by the Planning and Zoning Commission. Such plans must be drawn to
a scale of not less than one (1) inch equals fifty (50) feet by a
registered engineer, professional land use planner or registered land
surveyor. Such plans must show the area to be used for the proposed
mobile home park district; the ownership and use of neighboring properties;
all proposed entrances, exits, driveways, walkways and off-street
parking spaces; the location of mobile home spaces, recreation areas
and service buildings; the location of sanitary conveniences including
toilets, laundries and refuse receptacles; the proposed plan of water
supply, sewage disposal and electric lighting. The Planning and Zoning
Commission shall have the authority to impose such reasonable conditions
and safeguards on the proposed development as it deems necessary for
the protection of adjoining properties and the public interest.]
10.
[Buffer. A landscaping buffer meeting the requirements
of this Title shall be installed along all rear and side property
lines.]
11.
[A steel cable with a minimum diameter of one-fourth (¼) inch
shall be securely attached at all corners of each mobile home to a
concrete anchor which extends at least twenty-four (24) inches below
the surface of the ground.]
12.
[Any expansion of mobile home parks in existence on the effective
date of this Chapter shall comply with the provisions of this Section.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-022 §§1 —
2, 8-15-2011]
A.
Intent. This district is intended to provide for warehousing,
including wholesaling, retailing and basic office uses. Uses except
for parking shall be conducted within a closed building. No use which
involves manufacturing will be permitted.
B.
Permitted Uses. All buildings and land within an "O-W" zoning
district shall be limited to the following uses:
1.
Dedicated warehousing. Warehousing establishments
and places of business.
2.
Storage. Mini-storage facility and/or outdoor storage
facilities, primarily for the storage of goods and materials.
3.
Trades and services. Establishments engaged primarily
in providing products and services completely indoors related to HVAC,
plumbing, mechanical and electrical services.
C.
Non-Permitted Uses. All buildings and land within an "O-W"
zoning district shall not allow the following uses:
1.
Assembly use. The use of a building or structure
or a portion thereof for the gathering of persons for purposes such
as civic, social or religious functions; recreation, food or drink
consumption; or awaiting transportation.
2.
All those uses permitted within "A-1," "R-1A," "R-1B," "R-1C," "R-1D,"
"R-SF1," "R-SF2," "R-1P," "R-2," "R-3," "R-4," "C-2," "C-4," "I-1"
and "M."
[Ord. No. 23-028, 4-3-2023]
D.
Conditional Uses.
1.
Conditional uses requested by application will go before the Planning
and Zoning Board for recommendation to the Board of Aldermen, which
shall include any conditions established for the request due to the
individual unique characteristics of the property and proposed use.
2.
Cell towers (see Section 405.500(H)).
3.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
[Ord. No. 14-016 §14, 4-21-2014]
a.
The property must be a single tract or parcel consisting of
no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval,
the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof
from the Christian County Health Department that the proposed cemetery
will meet all health standards required by the laws of the State of
Missouri.
d.
The property must consist of a single tract or parcel not divided
by any street, alley or other property.
f.
Principal entryways must be clearly defined by architecturally
treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery
identification sign which must be monument style, directional signs,
signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the
required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking
space per acre of the cemetery. In addition parking spaces shall be
provided for cemetery structures and/or employees when applicable.
4.
Crematories for the disposal of deceased human and animal remains.
[Ord. No. 21-007, 2-1-2021]
E.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-038 §1, 12-6-2010]
A.
Purpose And Intent. The purpose and intent of the planned
unit development regulations are to provide for the compatible development
of two (2) or more different land uses within a single site. This
combination of traditional zoning classifications under one (1) development
is designed to permit greater flexibility and should benefit both
the developer and the public interest.
It is not the intent of these regulations to circumvent traditional
zoning classifications, increase the average density or uses beyond
that which is provided for in other Sections of the Zoning Code or
allow development which is not compatible with the principles of the
Comprehensive Plan. These regulations should provide for a greater
flexibility in the design of yards, courts, buildings and circulation
than would otherwise be possible through the strict application of
district regulations in order to provide the opportunity for:
1.
A pattern of development which preserves trees, outstanding natural
topography, geologic features and prevents soil erosion.
2.
A creative approach to the use of land and related physical development.
3.
Example: Usage of the method of urban planning called "coving" opposed
to conventional or grid planning methods. Some of the advantages of
a coved layout reduces construction costs by reducing roadway, thereby
lowering paving and utility line costs. The reduction in road surface
adds usable land for lots and parks. Other benefits are increased
pedestrian safety due to less road and fewer intersections. Individual
properties also gain aesthetic value from the separate meandering
setback lines, sidewalks and roadways.
4.
Open space and/or recreation areas.
5.
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower building costs.
6.
An environment of stable character in harmony with surrounding development.
7.
A more desirable environment than would be possible through the strict
application of other Sections of this Chapter.
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The Planning and Zoning Commission and subsequently the Board
of Aldermen may exclude any uses within the development and/or attach
or include any restrictions or conditions. Consideration may be given
but not be limited to the compatibility and relationship of uses with
the project, the compatibility and relationship of land uses adjacent
to or in close proximity to the proposed development, overall impact
of the proposed development upon the community and the proposed development's
conformance with the Comprehensive Plan.
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B.
Application For Planned Development Zone. A planned unit
development zone may be proposed for any location in the City if it
is in accordance with the provisions of this Section.
C.
Effect Of Planned Unit Development Approval. Approval of
planned unit development zone shall constitute an amendment to the
Zoning Code. Approval of a planned unit development shall supersede
all existing and prior zoning classifications. Property approved for
planned unit development shall be identified with the letters PUD
followed by the corresponding zoning case number.
D.
Required Standards. All planned unit development districts
shall, at a minimum, satisfy the following standards and requirements:
1.
Permitted uses. The planned unit development must
contain a minimum of two (2) different land uses or intensities from
the following list:
[Ord. No. 23-028, 4-3-2023]
a.
"R-SF1" Single-Family.
b.
"R-SF2" Single-Family.
c.
"R-2" Two-Family.
d.
"R-3" Medium Density Multi-Family.
e.
"R-4" High Density Multi-Family.
f.
"O-W" Office Warehousing District.*
g.
"C-2" General Commercial.
h.
"C-4" Central Business.
i.
"I-1" Industrial.*
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* Industrial and office warehousing uses shall be allowed on
a case-to-case basis, where this use would be compatible to adjacent
land uses.
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1A.
Conditional Uses. The following
uses are permitted as conditional uses subject to the provisions of
this Title and approval by the Planning and Zoning Commission:
[Ord. No. 14-016 §15, 4-21-2014]
a.
Cemeteries. Cemeteries shall be a conditional
permanent use and shall address the unique requirements of cemetery
uses in a manner conducive to the public health, safety and general
welfare and in accordance with the Comprehensive Plan of the City.
Cemeteries shall only be allowed when all of the following conditions
have been met:
(1)
The property must be a single tract or parcel consisting
of no less than one-half (½) acre.
(2)
Only endowed cemeteries will be permitted, and,
prior to approval, the applicant must comply with all relevant Missouri
statutory requirements.
(3)
Prior to approval the applicant shall show documentary
proof from the Christian County Health Department that the proposed
cemetery will meet all health standards required by the laws of the
State of Missouri.
(4)
The property must consist of a single tract or
parcel not divided by any street, alley or other property.
(6)
Principal entryways must be clearly defined by
architecturally treated entry gates.
(7)
Around the property lines of all cemeteries a ten-foot-wide
strip of land shall be devoted to a buffer between the cemetery and
the adjacent property, including street rights-of-way. This buffer
shall contain a decorative fence, wall or hedge which is a minimum
of four (4) feet in height and a maximum of eight (8) feet in height.
Fence details and landscaping plans for the buffer strip shall be
submitted and approved with the required administrative site plan.
(8)
No signs shall be permitted except for the following:
cemetery identification sign which must be monument style, directional
signs, signs displaying the hours and days of operation, signs displaying
rules and regulations, headstones or other memorials.
(9)
No signs shall be permitted to be attached to or
hung from the required screening.
(10)
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.031 of this Title.
(11)
The site plan shall provide for a minimum of one
(1) parking space per acre of the cemetery. In addition parking spaces
shall be provided for cemetery structures and/or employees when applicable.
2.
Development intensity. The intensity of the planned
unit development as a whole or by subarea shall not exceed that allowed
in the comparable zoning district of the allowed uses and shall further
be governed by the following:
a.
For non-residential development, the intensity of development may
be regulated by:
(1)
Specifying an appropriate floor area ratio(s) (FAR),
(2)
Specifying maximum square footage or gross leasable area,
(3)
Specifying setbacks, height and bulk restrictions,
(4)
A combination of such restrictions for the project as a whole
or for components or subareas within the project.
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In addition, non-residential development plans may specify performance
standards to be imposed on the project and restrictions regarding
the location and nature of commercial and other non-residential activities.
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b.
The residential density of a project shall be computed in accordance
with the following formula:
The maximum number of dwelling units permitted shall be computed based on the requirements of Chapter 405 Article II. The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this Article. The preliminary development plan shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the Planning and Zoning Commission and Board of Aldermen may consider the compatibility of residential densities with other uses within the district as well as outside the district, including the impact of residential densities on public facilities and services.
(1)
Public facilities. The preliminary development
plan shall specify conditions, restrictions and standards relating
to the timely provision of necessary public facilities. In making
its determinations regarding such conditions, restrictions and standards,
the Planning and Zoning Commission and Board of Aldermen may consider
the adequacy of existing facilities, the timely provision of adequate
facilities, the impact of the proposed development on existing and/or
planned facilities and the overall costs to the community.
(2)
Access to public thoroughfares. The preliminary
development plan shall specify the location and general design of
ingress and egress to the project along with any proposed access restrictions.
The Planning and Zoning Commission and Board of Aldermen may impose
such access standards and restrictions as are necessary to protect
the integrity and function of the City's thoroughfare system and to
insure the safe and efficient circulation of vehicles and pedestrians
within the Planned Development District. In making its determination
regarding such access standards and restrictions, the Planning and
Zoning Commission and Board of Aldermen may consider the classification
and function of the thoroughfare system, existing and projected volumes,
the condition and design of the affected thoroughfares, the effect
of the proposed development on traffic flow and circulation patterns,
and the consistency with the City of Ozark Comprehensive Plan and
other adopted plans and policies. (See Ozark Design Standards.)
(3)
Parking. Unless specifically modified by the planned unit development amendment, the parking requirements of Article V of this Chapter shall apply. Reductions in parking requirements shall be approved only if it can be demonstrated that parking demand will be less due to the design and character of the planned unit development.
(4)
Signs. The placement of all signs within the planned unit development shall be regulated by Chapter 407 of this Code. This shall include the size, location, illumination, structural integrity and relation to surrounding uses. Any regulations concerning signs shall be so stated in the planned unit development amendment. Modifications to the sign regulations shall be approved only if the general intent of the regulations is adhered to.
(5)
Landscaping and perimeter treatment. The preliminary development plan shall specify the design and arrangement of landscaping (see Article VI of this Chapter) on all open space areas in the planned development district and on all buffer (see Article VI of this Chapter) and perimeter areas provided to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities.
E.
Procedure For Planned Unit Development Designation. Applications
for planned unit development shall be processed pursuant to a three
(3) step review process. This procedure shall include:
1.
Pre-application conference.
a.
Not less than forty-five (45) days before preparing and submitting
the preliminary plat to the Planning and Zoning Commission, the developer
and/or his/her engineer shall consult with the representative of the
Planning and Zoning Commission, while the plat is in sketch form,
to ascertain the location of proposed highways, primary or secondary
thoroughfares, collector streets, parkways, parks, playgrounds, school
sites and other community facilities or planned developments and to
acquaint himself/herself with the Commission's requirements. During
the pre-application proceedings the general features of the planned
unit development, its layout, facilities and required improvements
shall be determined to the extent necessary for the preparation of
the preliminary planned unit development proposal. Pre-application
proceedings shall be properly documented by minutes of conferences
and memoranda, as may be necessary, and copies of such documentation
shall be furnished to the developer.
b.
The City of Ozark shall have the right to schedule any other meetings
necessary to ensure that the planned unit development is compatible
with the principles of the Comprehensive Plan. It shall be the responsibility
of the City of Ozark to schedule such meetings to include the developer
and/or his/her engineer.
2.
Preliminary proposal. The developer shall prepare
and submit to the Planning and Zoning Commission a preliminary proposal
of the proposed planned unit development which shall conform with
the requirements set forth below at least thirty (30) days prior to
the meeting of the Planning and Zoning Commission at which action
is desired.
If the planned development is proposed for construction in phases
during a period extending beyond a single year, a proposed and tentative
schedule for the development of such phases shall be submitted, stating
the approximate beginning and completion date for each phase, the
portion of the total public and private open space and the proportion
of each type of proposed land use to be provided or constructed during
each such phase. All public improvements directly related to each
phase shall be completed so that future public improvements required
by this Article and other applicable ordinances of the City are not
compromised or rendered unduly difficult.
The proposal shall be prepared by and bear the seal of a registered
architect, engineer or land surveyor as applicable by State law. At
a minimum, the following information shall be included in the proposal:
a.
Document quantity. Each application for a planned
unit development shall be accompanied with twelve (12) complete sets
of proposal documents.
b.
Required scale. One hundred (100) feet to the inch.
Vertical scale of street and sewer profiles shall be ten (10) feet
or less to the inch.
c.
Name. The proposed name of the planned unit development
which shall not duplicate or closely approximate the name of any other
planned unit development or subdivision in the City of Ozark or any
other planned unit development or subdivision in Christian County.
d.
Designation. The tract designation according to
real estate records of the Recorder of Christian County.
e.
Owners of record. The names and addresses of the
owner or owners of record, the developer and the architect, engineer
or land surveyor as applicable.
f.
Abutting owners. The names of owner or owners of
record adjacent parcels of land.
g.
Boundary lines. The boundary lines, accurate in
scale, of the proposed development.
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City of Ozark Geographic Reference System (GRS) Stations shall
be used to base the survey on the Missouri Coordinate System of 1983,
Central Zone. (City of Ozark GRS Station info can be acquired from
the GIS Department.)
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A table containing coordinates based on the Missouri Coordinate
System of 1983, Central Zone for all of the following:
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City of Ozark GRS Stations
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Public Land Surveyor Section Corners
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All Boundary Corners (existing and created)
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h.
Streets — other features. The location, widths
and names of all existing or platted streets or other public ways
within or adjacent to the proposed development and other important
features such as existing permanent buildings, large trees and watercourses;
railroad lines; corporation and township lines; utility lines, etc.
i.
Existing utilities. Existing sewers, water mains,
culverts and other underground structures within the proposed development
and immediately adjacent thereto with the pipe sizes and grades indicated.
j.
Proposed design — street, drainage, building, etc.
(1)
The layout names and widths of proposed streets, alleys and
easements.
(2)
The location and approximate size of catch basins, retention
basins, culverts and other drainage structures. (See Ozark Design
Standards)
(3)
The proposed location of all buildings, common use areas, landscaping
features and recreational facilities.
(4)
Proposed street names shall be submitted to and approved by
the City of Ozark's GIS Department.
k.
Written concept plan. The written plan should include,
but not be limited to, any supporting material describing the overall
concept of the proposed development, the uses included and any limitations
upon uses; building types; provisions for maintenance of common use
areas where applicable; any proposed agreement, dedications or easements;
any proposed private covenants and restrictions; and any other information
pertinent to a determination of compliance with this Article. Additionally,
the written concept plan must include a section detailing the public
benefits of planned unit development proposal.
l.
Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed planned development, including
a statement of all legal, beneficial, tenancy and contractual interests
held in or affecting the subject property and including a current
certified abstract of title or commitment for title insurance.
m.
A traffic impact analysis indicating the relationship of the proposed
development to traffic and road use and plans in the immediate surrounding
area.
n.
Soils. Type and extent of soil groups with main
soil horizon description.
o.
Geology. Location, type and extent of subsurface
and exposed geological information.
p.
Zoning. Zoning boundary lines if any; proposed uses
of property and proposed building setback lines.
q.
North point. North point, scale, date, title. Both
magnetic north and true north shall be indicated with the declination
also shown.
F.
Action By Applicant. When a preliminary development plan
has been approved or approved with modifications acceptable to the
applicant, the applicant shall proceed to file a final development
plan in accordance with this Chapter.
G.
Effect Of Preliminary Development Plan Approval. If the
applicant shall fail to proceed with the development in accordance
with the plans as approved or shall in any other manner fail to comply
with any condition of this Section or any approval granted pursuant
to it, a preliminary development plan which has been approved, or
approved with modifications which have been accepted by the applicant,
shall not be modified, revoked or otherwise impaired, pending the
application for approval of a final development plan(s), by any action
of the City without the consent of the applicant.
H.
Final Planned Unit Development Proposal Requirements.
1.
Upon completion of all required improvements as stipulated by the
Planning and Zoning Commission, the developer shall prepare and submit
to the Planning and Zoning Commission a final proposal of the proposed
planned unit development which shall conform with the requirements
set forth below at least two (2) weeks prior to the meeting of the
Planning and Zoning Commission at which action is desired.
2.
A fee shall be charged for each application filed. (See Planning
and Development Department for latest listing of fees.)
3.
The names and mailing addresses of all property owners within one
hundred eighty-five (185) feet of the subject property. This list
must be obtained from the Christian County Assessor's office and include
their tax map.
|
|
The applicant is responsible for a certified mailing giving
notice of a public hearing to all the property owners within this
one hundred eighty-five (185) feet. The certified mailing must be
done fifteen (15) days prior to the Planning and Zoning Commission
meeting. The Planning and Zoning Department will provide the notice
of public hearing to be used in the mailing.
|
|
|
After mailing, the postmarked certified receipts will need to
be returned to the Planning and Zoning Department.
|
4.
Commencing not less than fifteen (15) days prior to the meeting of
the Planning and Zoning Commission at which the final plat will be
reviewed, the developer shall cause signs which shall be provided
by the City to be placed on all sides of the property for which the
planned unit development is proposed, said signs to be clearly and
conspicuously displayed.
I.
Required Information On Final Planned Unit Development Proposal. In addition to all of the standard requirements for preliminary
planned unit development proposal, the additional requirements contained
below will be required as part of the final planned unit development
proposal:
1.
Bearings and distances. True bearings and distances
to the nearest established street bounds, patent or other established
survey lines or other official monuments, which monuments shall be
located or accurately described on the proposal. Any patent or other
established survey or corporation lines shall be accurately monument-marked
and located on the proposal and their names shall be lettered on them.
The length of all arcs-radii, points of curvature and tangent bearings;
all easements and right-of-way, when provided for or owned by public
services (with the limitation of the easement rights definitely stated
on the proposal); all lot lines with dimensions in feet and hundredths
and with bearings and angles to minutes of other than tight angles
to the street and alley lines.
2.
Monuments. The accurate location and material of
all permanent reference monuments.
3.
Lots and block numbers. Lots shall be arranged in
numerical order. In tracts containing more than one (1) block, the
lots shall be in numerical order regardless of blocks.
4.
Dedicated property. The outline of all property
which is offered for dedication for public use and of all property
that may be reserved by covenant in the deeds for the common use of
the property owners in the subdivisions, with the purpose indicated
thereon. All lands dedicated to the public use other than streets
or roads shall be marked "Dedicated to the Public".
5.
Professional certificate. Affidavit and certificate
by a qualified professional architect, engineer or land surveyor as
required by State law to the effect that he/she has fully complied
with the requirement of these regulations and applicable State laws.
6.
Tax paid certificate. A certificate issued by the
authorized City and County Officials to the effect that there are
no unpaid taxes due and payable at the time of the proposal approval
and no unpaid special assessments, whether or not due and payable
at the time of proposal approval, on any of the land included in the
proposal and that all outstanding taxes and special assessments have
been paid and all property dedicated to public use.
J.
Commission Action On Planned Unit Development.
1.
The Commission shall hold a public hearing on an application for
a planned unit development. Notice of hearing shall be made in accordance
with the provisions of this Chapter.
2.
Following the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed planned unit development and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Section 405.410 to avoid, minimize or mitigate potentially adverse effect of the planned unit development on the community and properties in the vicinity.
K.
Board Of Aldermen Action On Planned Unit Development. The Board of Aldermen may, by ordinance, authorize the zoning of planned unit development and the approval of the final plan of said development as recommended by the Commission or may reverse or modify such decision by a majority vote of the full Board of Aldermen. In authorizing said planned unit development, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Section 405.410 to avoid, minimize or mitigate potentially adverse effect of the planned unit development on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the planned unit development.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-003 §3, 2-1-2010; Ord.
No. 21-100, 12-6-2021; Ord. No. 23-028, 4-3-2023; Ord. No. 23-082A, 12-4-2023]
The following dimensions shall be observed:
|
District
|
Min. Depth of Front Yard in Feet
|
Min. Width of Side Yard in Feet
|
Min. Depth Rear Yard in Feet
|
Min. Lot Area per Family in Sq. Feet
|
Min. Lot Width in Feet(3)
|
Min. Lot Size in Sq. Feet
|
|---|---|---|---|---|---|---|
|
"A-1" General Agriculture
|
35
|
20
|
35
|
1 acre
|
150
|
1 acre
|
|
“R-SF1” Single-Family
|
25
|
10
|
20
|
8,000
|
50
|
8,000
|
|
“R-SF2” Single-Family
|
10(6)
|
5(7)
|
10(7)
|
N.A.*
|
40
|
N.A.*
|
|
"R-1A" Single-Family Estate
|
25
|
15
|
25
|
20,000
|
100
|
20,000
|
|
"R-1B" Single-Family
|
25
|
10
|
25
|
15,000
|
80
|
15,000
|
|
"R-1C" Single-Family
|
25
|
10
|
20
|
10,000
|
70
|
10,000
|
|
"R-1D" Single-Family
|
25
|
7
|
20
|
7,000
|
50
|
7,000
|
|
"R-1P" Single-Family
|
25
|
10(4)
|
20
|
5,000
|
50
|
5,000
|
|
"R-2" Two-Family
|
25
|
10
|
20
|
5,000
|
60
|
10,000
|
|
"R-3" Medium Density Multi-Family
|
25
|
15
|
25
|
2,500
|
80
|
20,000
|
|
"R-4" High Density Multi-Family
|
25
|
20(1)
|
25
|
2,000
|
80(2)
|
20,000
|
|
"C-2" General Commercial
|
25
|
5
|
30
|
N.A.*
|
None
|
500
|
|
"C-4" Central Business
|
None
|
None
|
None
|
N.A.*
|
None
|
None
|
|
"GM-U" General Mixed-Use
|
10
|
5
|
10
|
N.A.
|
None
|
None
|
|
"I-1" Industrial
|
35
|
20
|
35
|
N.A.*
|
None
|
None
|
|
"M" Mobile Home
|
N.A.*
|
N.A.*
|
N.A.*
|
3,500
|
N.A.*
|
3 acres
|
|
"OW" Office Warehousing
|
25
|
5
|
30
|
N.A.*
|
None
|
None
|
|
*
|
Not applicable.
| |
|
Numbers in parentheses refer to the following additions or modifications
to the aforementioned dimensional requirements.
| ||
|
1.
|
Lots located within an "R-4" High Density Multi-Family District
shall have minimum side yards of twenty (20) feet each where the dwellings
located thereon do not exceed two (2) stories. An additional three
(3) feet per side yard will be required with each additional story.
| |
|
2.
|
Lots located within an "R-4" High Density Multi-Family District
shall have a minimum width of eighty (80) feet, however, the width
shall be increased by ten (10) feet for each additional building exceeding
five (5).
| |
|
3.
|
The minimum lot width shall be measured at the property line
which abuts a street. Lots which have road frontage on a cul-de-sac
shall have a minimum width of forty-five (45) feet at the property
line which abuts the cul-de-sac, except for "R-1P" districts which
shall have a minimum thirty-five (35) foot frontage on a cul-de-sac.
| |
|
4.
|
In the "R-1P" District, the common wall of the dwelling unit
shall be placed on the common property line with a zero (0) setback
and the setback on the other side property line shall be a minimum
of ten (10) feet.
| |
|
5.
|
Lots located within a "GM-U" General Mixed-Use District shall
have a maximum building height of forty-five (45) feet and a Floor
Area Ratio (FAR) of 2.5-1.
| |
|
a.
|
Buildings that exceed forty-five (45) feet shall have an additional
one (1) foot setback for each additional foot in height.
| |
|
6.
|
The Downtown Single-Family Overlay District is hereby established
for the purpose of resolving a conflict between current minimum lot
size and setback requirements and those properties that were developed
prior to the adoption of said standards. Said District Boundary is
noted to be on file as Downtown Single-Family Overlay District Map
with the City Clerk. For any single-family residentially zoned property,
regardless of the single-family zoning, within the Downtown Single-Family
Overlay District the following shall apply:
| |
|
a.
|
The minimum lot size shall be five thousand (5,000) square feet;
| |
|
b.
|
The minimum front yard setback shall be twenty-five (25) feet;
| |
|
c.
|
The minimum side yard setback shall be seven and one-half (7.5)
feet;
| |
|
d.
|
The minimum rear yard setback shall twenty (20) feet; and
| |
|
e.
|
The minimum lot width shall be forty (40) feet.
| |
|
7.
|
Lots located within an “R-SF2” Enhanced Single-Family
District shall have a maximum setback of fifteen (15) feet from the
property line which abuts a street.
| |
|
8.
|
Refer to adopted Fire Code for minimum distance between structures.
| |
[Ord. No. 16-016 §2, 4-18-2016]
A.
In the event of a conflict between the entitlements, regulations or standards established in Sections 405.451 through 405.455 and the equivalent provisions in the underlying zoning districts, the provisions of Sections 405.451 through 405.455 shall govern. Except for such preemption set forth above, the underlying zoning district provisions and all other provisions of the Code of Ordinances of the City of Ozark shall be applicable and enforced within any given Overlay District.
[Ord. No. 17-026 § 3, 5-15-2017]
B.
For the purpose of applying the regulations set forth in Chapter 407, Signs, of this Title in an Overlay District, the underlying zoning district classifications shall be utilized within the Overlay District to differentiate between residential and business area regulations.
C.
The Overlay District shall have no application to those properties
zoned PUD until and unless such properties are rezoned.
[Ord. No. 16-016 §2, 4-18-2016]
A.
Purpose. The Core Overlay District (COD) is established
to provide for a transition of uses between the Downtown Core District
and nearby uses, which surround the downtown. It is the intent of
the COD to encourage intense development and pedestrian activity through
a mixture of uses appropriate to the downtown area. The standards
of the COD are established to provide for a vital downtown economy
that maintains and cultivates downtown Ozark's focus as a commercial,
cultural and entertainment hub of the region while increasing livability.
B.
Boundaries. The Zoning Map of the City of Ozark
is hereby amended by the addition of the Core Overlay District classification
within the C-4 Zoning District. The general area of the Core Overlay
District is bounded by Brick Street on the North; Oak Street on the
South; 3rd Avenue on the East and 3rd Street on the West. The extent
and limits of the Core Overlay District is depicted in the map appended
to this bill (Appendix 1). In the event of a discrepancy between the
Core Overlay District Map and the Zoning Map of the City of Ozark,
the latter shall control. The underlying zoning district classification
of properties within the Core Overlay District is unchanged by this
map amendment.
C.
Design Standards. The following design standards
shall apply for any new development within the Core Overlay District:
1.
Parking lot screening. Parking lots shall be
screened from adjacent streets by a ten-foot landscape easement containing
any of the following:
a.
Landscaping, primarily trees and shrubs. Twenty (20) shrubs and two (2) trees for every one hundred (100) feet of the front lot line or portion thereof. Species as set forth in Chapter 405, 405.700, Landscape Plan Submittal Requirements.
b.
A combination of shrubs and berms, not to exceed a three-to-one
(3:1) slope.
c.
Low, decorative wall not to exceed thirty (30) inches in height,
or twenty-four (24) inches high when combined with landscaping, for
the purposes of reducing glare from vehicle headlights.
d.
Screening shall not block views between thirty (30) inches in
height above sidewalk grade and six (6) feet above the sidewalk for
security purposes.
2.
Additional requirements for off-street parking. In addition to the requirements set forth in Chapter 405, 405.610, Off-Street Parking General Requirements, all off-street parking shall provide a five (5) foot minimum clear and marked path for exclusive use of pedestrians leading from the perimeter of the parking area to any public sidewalk. Paths shall be delineated with a change in paving, pavement markings, landscaping, or hardscape.
3.
Sidewalks on public right-of-way. Where walkways
must be at grade (such as to accommodate ADA paths of travel) the
walkway must be differentiated from the paving of the parking lot
by contrasting pavement such as pavers or stamped, colored concrete,
or by painted stripes.
4.
Sidewalks on private land. When a sidewalk
on private land serves as an extension of the public sidewalk, it
shall comply with sidewalk requirements and be harmonious with the
design of the public sidewalk as determined by the City.
5.
Lighting.
a.
All exterior lighting, building and parking lot lights, and
landscape lighting, shall be directed away from adjacent highways,
streets and properties so that no light is cast on adjoining properties
or public roadways.
b.
No light standards utilized for the illumination of parking
areas shall exceed twenty-five (25) feet in height. No other light
standard shall exceed eighteen (18) feet in height.
c.
All parking areas and walkways shall be illuminated so as to
produce a minimum uniform illumination of two (2) foot candles within
said area but no more than five tenths (0.5) foot candles at the property
line.
6.
All HVAC, rooftop, wall mounted mechanical equipment and/or
other utility hardware on roofs, ground, or buildings shall be screened
and incorporated into the overall mass of a building by screening
it behind parapets, integrating equipment into roof forms, utilizing
landscape materials harmonious with the building, or they shall be
located so as not to be visible from any public ways. Plain boxes
are not acceptable as screening devices.
7.
Elevations required. Building elevations for
each development as defined in 405.330(E), (F), shall be submitted
to the Planning and Development Department for review and approval.
These elevations shall show the materials and the respective colors
to be used. The building elevations shall be drawn on a minimum size
sheet of eleven (11) inches by seventeen (17) inches in dimension
and be of reasonable quality. A file ready (approximately eight and
one-half (8 1/2) inches by eleven (11) inches size) copy of the
rendering must be submitted to the City and kept for a permanent record.
D.
Additional Conditional Uses/Restrictions. The following
additional conditional uses or restrictions may be required by the
Planning and Zoning Commission upon any new development within the
Core Overlay District:
[Ord. No. 16-016 §2, 4-18-2016; Ord. No. 17-026 § 1, 5-15-2017; Ord. No. 18-007, 2-20-2018; Ord. No. 19-018, 3-18-2019]
A.
Purpose. The Transportation Overlay District is established to enhance
the economic and aesthetic appeal and orderly development of properties
adjacent to major transportation corridors. Certain arterial streets
are of critical importance to the Central Business District. Rights-of-way
carrying high volumes of traffic are image makers for the City of
Ozark. They act as entryways for visitors and residents and also serve
as an indicator of the quality of life found in the area. Standards
are provided to ensure that thoroughfares in this overlay develop
with improved traffic efficiency and safety by reducing visual clutter
and avoiding inappropriate site design.
B.
Boundaries. The Zoning Map of the City of Ozark is hereby amended
by the addition of the Transportation Overlay District classification
within all zoning districts except residential and agriculture zoning.
The general area of the Transportation Overlay District is described
as an area one hundred (100) feet on either side of the roadway right-of-way,
commencing at the intersection of West South Street and United States
Highway 65, then east along South Street continuing to the City limits
of Ozark. Also from the intersection of South Third Street south along
Selmore Road continuing to the City limits of Ozark. Also from the
intersection of South Street and South Third Street north along Third
Street and turning west into Jackson Street, then along Jackson west
continuing to the City limits of Ozark. Also from the intersection
of Jackson Street and State Highway NN, north along said State Highway
NN to the intersection of State Highways NN and J, then north along
North Farmer's Branch continuing to the City limits.
From that intersection, west to Freemont Road and from the forgoing
intersection east and north along State Highway NN continuing to the
City limits of Ozark. The extent and limits of the Transportation
Overlay District are depicted in the map appended to the Section (Appendix
2). In the event of a discrepancy between the Transportation Overlay
District Map and the Zoning Map of the City of Ozark, the latter shall
control. The underlying zoning district classification of properties
within the Transportation Overlay District is unchanged by this map
amendment.
C.
Design Standards. The following design standards shall apply for
any new development within the Transportation Overlay District:
2.
All HVAC, rooftop, wall mounted mechanical equipment and/or
other utility hardware on roofs, ground, or buildings shall be screened
and incorporated into the overall mass of a building by screening
it behind parapets, integrating equipment into roof forms, utilizing
landscape materials harmonious with the building, or they shall be
located so as not to be visible from any public ways. Plain boxes
are not acceptable as screening devices.
3.
Underground Services. In all non-residential areas, all new
utility service shall be located underground. Distribution service,
if overhead, shall be along the rear property line(s) of the development.
4.
Parking Lot Screening. Parking lots shall be screened from adjacent
streets by a ten-foot landscape easement containing any of the following:
b.
A combination of shrubs and berms, not to exceed a three-to-one
(3:1) slope.
c.
Low, decorative wall not to exceed thirty (30) inches in height,
or twenty-four (24) inches high when combined with landscaping, for
the purposes of reducing glare from vehicle headlights.
d.
Screening shall not block views between thirty (30) inches in
height above sidewalk grade and six (6) feet above the sidewalk for
security purposes.
5.
Elevations Required. Building elevations and colored renderings for each development as defined in Section 405.330(E), (F) shall be submitted to the Planning and Development Department for review and approval. These elevations shall specify the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of eleven (11) inches by seventeen (17) inches in dimension and be of reasonable quality.
6.
Roof Signs. Roof signs shall not be permitted on any new development
within the Transportation Overlay District. Roof signs existing prior
to the enactment of this Section may be re-faced. Regular maintenance
is allowed. Replacement of a non-conforming sign will not be allowed
once an existing sign has been removed.
[Ord. No. 16-016 §2, 4-18-2016]
A.
Purpose. The purpose of the Neighborhood Overlay
District shall be to provide a district that acknowledges the historic
character of the area and the pedestrian orientation of the neighborhood
by continuing to combine residential uses with small-scale commercial,
service and office establishments which are relatively compatible
with residential uses.
B.
Boundaries. The Zoning Map of the City of Ozark
is hereby amended by the addition of the Neighborhood Overlay District
classification within the C-4 Zoning District. The general area of
the Neighborhood Overlay District is bounded by the bounds of the
Central Business District on the North, South and East and the easternmost
boundary of the Transportation Overlay District on the West. In addition
the westernmost boundary of the Transportation Overlay District for
an eastern boundary and the South, West and North bounds of the Central
Business District. The extent and limits of the Neighborhood Overlay
District is depicted in the map appended to this bill (Appendix 3).
In the event of a discrepancy between the Neighborhood Overlay District
Map and the Zoning Map of the City of Ozark, the latter shall control.
The underlying zoning district classification of properties within
the Neighborhood Overlay District is unchanged by this map amendment.
C.
Design Standards. The following design standards
shall apply for any new development within the Neighborhood Overlay
District:
1.
Pedestrian access. All residential developments
shall be designed with pedestrian access to common ground and adjacent
public sidewalks.
2.
Traffic calming. Traffic calming measures,
such as neckdowns, chicanes, mid-block diverters, intersection diverters,
curb bulbs, and related devices will be considered on a case by case
basis, based on safety and appropriateness in the proposed locations,
taking into consideration the overall function of the roadway.
3.
Sidewalks on private land. When a sidewalk
on private land serves as an extension of the public sidewalk, it
shall comply with sidewalk requirements and be harmonious with the
design of the public sidewalk as determined by the City.
4.
Underground services. All electric, telephone,
voice-over-IP (VoIP), cable, IP-enabled video and other similar services
in residential areas shall be located underground.
5.
Designated access and views to river. New and
existing streets and/or development shall be required to provide easement
access and/or views to the river.
D.
Additional Conditional Uses/Restrictions. The following
additional conditional uses or restrictions may be required by the
Planning and Zoning Commission upon any new development within the
Neighborhood Overlay District:
[Ord. No. 17-026 § 2, 5-15-2017; Ord. No. 19-017, 3-18-2019]
A.
Purpose. The Highway 65 Corridor Overlay District is established
to enhance the economic and aesthetic appeal and orderly development
of properties adjacent to Highway 65 within the City limits of Ozark.
The Highway 65 Corridor serves as a major gateway leading to, from
and within Ozark Missouri. As industrial, commercial and residential
land uses exist along this corridor, there is a desire amongst residents
of Ozark to provide standards relative to aesthetic appearance and
safely along this major highway. As such the intent of this overlay
district is to promote a sense of place, provide unified land development
regulations and create a visually appealing facade that improves the
built environment along the Highway 65 Corridor.
B.
Boundaries. The Zoning Map of the City of Ozark is hereby amended
by the addition of the Highway 65 Corridor Overlay District. The general
area of the Overlay District is described as an area two hundred fifty
(250) feet on either side of MODOT right-of-way.
C.
Design Standards. The following design standards shall apply for
any new development or any redevelopment that modifies fifty percent
(50%) or more of the existing structure within the Highway 65 Corridor
Overlay District:
1.
Building Materials And Architectural Treatments.
a.
Developments shall include architecture elements such as columns,
arcades, covered entry-walkways, arches, facade offsets, windows,
offset walls, color accent treatments to break up the vertical wall
plane, etc.
b.
The exterior wall materials visible from Highway 65 of all non-residential
buildings shall conform to the approved materials listed in 405.310,
Subsection (D), or an equivalent alternative treatment approved by
the Director and shall be based on the use of property and not the
property zoning: Commercial Use — one hundred percent (100%)
of the wall materials shall conform to 405.310; Office Warehouse Use
— fifty percent (50%) of the wall materials shall conform to
405.310; Industrial Use — thirty percent (30%) of the wall materials
shall conform to 405.310.
All remaining walls shall conform to the requirements identified
in the applicable property zoning ordinance.
c.
The exterior wall materials of all residential buildings visible
from Highway 65 shall consist of a minimum of sixty percent (60%)
(per vertical wall plane) of the following: brick, pre-cast concrete,
natural or precast stone, or tinted glass (or an equivalent alternative
treatment approved by the Director). All remaining walls shall conform
to the requirements identified in the applicable property zoning ordinance.
d.
Each proposed wall material type and color visible from Highway
65 shall not exceed fifty percent (50%) coverage on any vertical wall
plane. (Desired design intent is to provide a variety of material
and color creating an aesthetic architectural affect to visually break
up the wall.)
e.
Prohibited exterior finishes other than the materials listed
in 405.310(B), except on mechanical penthouses and roof screens, are
highly reflective, shiny, or mirror-like materials, exposed unfinished
foundations, exposed plywood or particleboard, unplastered, corrugated
or galvanized metal, exposed standard concrete masonry block, vinyl
and aluminum siding.
f.
To the extent the rear and/or side of a building is visible
from a public street or an adjacent agriculturally or residentially
zoned or developed property, architectural treatments shall continue
through the rear and sides of the building.
g.
The principle entry area of a building shall be pronounced and
express greater architectural detail than other portions of the building.
h.
Outparcel buildings shall have architectural features consistent
with the principal buildings.
i.
Building elevations and colored renderings for each development
as defined in 405.330(E), (F) shall be submitted to the Planning and
Development Department for review and approval. These elevations shall
specify the materials and the respective colors to be used. The building
elevations shall be drawn on a minimum size sheet of eleven (11) inches
by seventeen (17) inches in dimension and be of reasonable quality.
2.
Buffers And Landscaping.
a.
All developments of single-family detached residential subdivisions
shall provide a minimum one hundred (100) foot wide natural, undisturbed
buffer, except for approved access and utility crossings, improvements,
and re-plantings where sparsely vegetated subject to the approval
of the City Arborist, along the Highway 65 frontage.
b.
All developments other than single-family residential shall include a minimum fifteen (15) foot wide landscape strip along all public and private streets or right-of-ways when Article IV of the Zoning Resolution otherwise specifies a smaller landscape strip.
c.
Landscape plantings along the Highway 65 frontage for all developments other than single-family residential shall consist of twenty (20) shrubs and four (4) trees for every one hundred (100) feet of Highway 65 road frontage. A variety of overstory, understory, and evergreen trees shall be provided. All remaining property lines shall follow Article VI, Landscaping, Screening and Buffer Yard Requirements.
d.
Approved species as defined in 405.700 shall be planted in all
landscaped areas.
e.
Architectural prefabricated concrete residential wall buffers
will be considered contingent upon MODOT approval.
3.
Screening.
a.
Refuse areas and receptacles shall be placed in the least visible
location from public streets and shall be enclosed on three (3) sides
with opaque walls. The 4th side shall be a self-closing gate made
from non-combustible materials. Opaque walls shall be a minimum of
twelve (12) inches higher than the receptacle or a minimum of six
(6) feet tall. Wall materials shall be non-combustible brick, stone,
or split concrete masonry block or architectural materials matching
the building. Refuse receptacles shall not be placed within fifty
(50) feet of an existing residential or "A-1" Agricultural Zoning
District.
b.
Accessory site features located on the ground shall be screened
from view from any public right-of-way and/or any residence, residential
zoning category, or "AG-1" zoning category by one (1) of the following:
placement behind the building, one hundred percent (100%) opaque fencing,
berm or vegetative screen planted to buffer standards.
c.
Loading docks and bay doors are limited to encompassing thirty
percent (30%) of the total building elevation fronting HWY 65.
d.
Vending machines shall be located inside a building or screened
from the view of all public streets in residentially or "AG-1" (Agricultural)
zoned or developed properties.
e.
Retaining walls shall be faced with or constructed of stone,
brick, or decorative concrete modular block only.
4.
Pedestrian Paths.
a.
Sidewalks are required along all public and private road frontages.
b.
Pedestrian paths shall be illustrated on the site plan.
c.
Except in truck loading and parking areas of industrial and
warehouse-distribution uses, internal walkways (paths) are required
from the public sidewalk to the main entrance of the principle use
of the property and to adjacent buildings within the same development.
d.
All sidewalks and pedestrian walkways (paths) shall meet applicable
Americans with Disabilities Act (ADA) standards.
e.
Pedestrian paths may be constructed of either colored/textured
materials or conventional sidewalk materials and shall be clearly
identified.
f.
Paths shall be designed to minimize direct auto-pedestrian interaction
by such means as sidewalks, striping, and signage.
g.
Paths shall be connected to crosswalks at intersections where
applicable.
h.
Street furniture shall be located outside the specified width
of any pedestrian path.
i.
Paths and sidewalks shall be connected to green space and open
space and connectivity shall be illustrated on the site plan.
j.
Pedestrian paths shall comply with the approved sidewalk design
standards.
k.
Multi-use paths for bicycles and pedestrians may be substituted
for the required sidewalks as approved by the Director when the path
is part of the Ozark Trace Bicycle and Pedestrian Plan.
l.
Multi-use paths designed for use by bicyclists and pedestrians
shall be ten (10) feet wide at minimum.
m.
Multi-use paths designed with separate paths for bicyclists
and pedestrians shall be fifteen (15) feet wide, ten (10) feet for
bicycles and five (5) feet for pedestrians.
n.
Paths should be direct and convenient routes between points
of origin and destination.
o.
Paths not visible from a public street shall be illuminated.
5.
Parking.
a.
All off-street parking for townhouses and multi-family buildings
shall be located to the side or rear.
b.
A minimum of fifty percent (50%) of the required surface parking
shall be located at the rear of the building.
c.
The required number of off-street parking spaces may be reduced
as approved by the Director.
d.
Shared parking shall be permitted as approved by the Director.
e.
Non-residential developments shall provide parking for bicycles.
f.
Loading areas shall be located in the rear or side yards.
6.
Lighting.
a.
All light fixtures, including security lighting, shall be located,
aimed and shielded so that the direct illumination from the fixture
shall be confined to the property boundaries of the source so that
no light is cast on adjoining properties or public roadways.
b.
Any privately or publicly owned outdoor light fixture with a
lamp of initial output over ten thousand (10,000) lumens located within
fifty (50) feet of any residential (including multi-family residential)
property or public right-of-way shall utilize an internal or external
shield, with the light fixture and shield oriented to minimize light
trespass over the adjacent property or right-of-way line. If an external
shield is used, its surface must be painted black to minimize reflections.
c.
All light fixtures that are required to be fully shielded shall
be installed in such a manner that the shielding satisfies the definition
of a fully shielded fixture.
d.
All lighting shall be served with underground cables.
e.
A photometric plan for open parking lots and paths shall be
submitted at the time of application for a building permit.
7.
Tower.
a.
Height of towers shall not exceed one hundred ninety-nine (199)
feet.
b.
A wireless communications facility shall be disassembled and
removed from the site within ninety (90) days of the date its use
for wireless telecommunications is discontinued.
c.
Water towers shall be painted to blend with the landscape.
d.
Except for safety purposes, water tower lighting shall be allowed
only during maintenance periods. Each outdoor light that is not required
for safety shall be fully shielded. The safety lighting shall use
a type of shielding with a ten degree (10°) cut-off to provide
lighting downward.
[Ord. No. 20-063, 10-5-2020]
A.
Purpose.
The conditional overlay district is intended to allow a floating zone
to be established as an overlay to a base zoning district, which limits
the particular uses to be established in accordance with specific
standards and conditions. There are circumstances in which a base
zoning district designation allowing such a use by right would not
be appropriate for a particular property even though the use itself
could, if properly planned, be appropriate for the property consistent
with the objectives of these regulations and the Comprehensive Plan.
B.
Application.
The applicant may apply for an amendment to the base zoning classification
and jointly apply for a conditional overlay district. Property may
be rezoned to a conditional overlay district only in response to and
consistent with a petition submitted by the owners of all of the property
to be included in the district. A petition for a conditional overlay
district must specify the use or uses of the base zoning district
that are intended for the property and any conditions that, in addition
to all general zoning ordinance requirements, will govern the development
and use of the property. A conditional overlay district can only reduce
the uses of the base zoning district and not allow any uses not permitted
in the base zoning district. If additional uses are desired that are
not permitted in the base zoning district, a rezoning to a different
base zoning district or a planned development is required. A conditional
overlay district may also be used to set density in accordance with
the multifamily development location and design guidelines for R-3
and R-4 districts and for planned developments, when multifamily uses
are requested.
C.
Required
conditions. A conditional overlay district may include some conditions
from the following list:
1.
Increased bufferyards and/ or landscaping.
2.
Reduced height.
3.
Increased setbacks.
4.
Increased open space.
5.
Restrictions on operation of the use, including but not limited to,
limitations on days of operation, noise level, intensity of use, lighting,
and signage.
6.
Increased minimum lot area and dimensions.
7.
Reduced building coverage.
8.
Off-site improvements related directly to the intensity of development.
9.
Modified design requirements.
D.
Mapping.
Upon approval, a conditional overlay district shall be noted on the
Official Map by the base zoning district designation with the addition
of "CO."
[Ord. No. 23-028, 4-3-2023]
A zoning district that has been designated as “Retired”
by the Board of Aldermen shall not be an allowable zoning district
for a rezoning application or new zoning application. Should an applicant
attempt to select a retired zoning district, the application shall
be returned and denied for failure to select a valid zoning district.
Nothing in this Chapter shall prohibit the development or redevelopment
of property that was zoned as a retired zoning district prior to the
retirement of that district. Retired zoning districts are labeled
by the word “Retired” and [bracketed] language. The purpose
of keeping the retired language within the Municipal Code of the City
of Ozark, Missouri, is for reference only.
[Ord. No. 21-066, 8-2-2021]
A.
Purpose. The Historic Overlay District and the other historic preservation
related regulations of this Code are intended to:
1.
Promote the educational, cultural, economic and general welfare
of the public through the conservation, preservation, protection and
regulation of historic resources within the City;
2.
Safeguard the cultural, social, political and architectural
heritage of the City by conserving, preserving, and regulating historic
preservation districts;
3.
Conserve, preserve, and enhance the environmental quality and
economic value of historic preservation districts;
4.
Strengthen the City's economic base by promotion of conservation
and reuse of the City's historic resources; and
5.
Promote the development of the community in accordance with
the comprehensive plan.
[Ord. No. 21-066, 8-2-2021]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The Director of the Planning and Development Department or
his/her designee.
An overlay area designated as a "Historic Overlay District"
by ordinance of the Board of Aldermen and which may contain within
definable geographic boundaries one (1) or more historic structures
and which may have within its boundaries other properties or structures
which, while not of such historical and/or architectural significance
to be designated as a historic structure, nevertheless contribute
to the overall visual characteristics of the Historic District.
A permit issued by the Director approving an alteration,
construction, repair, removal, or demolition of a historic structure
or non-contributing structure within the Historic District.
Buildings, landmarks, or other similar constructions that
have an archaeological, historical, cultural and/or architectural
significance to the City of Ozark which are generally those that meet
the National Park Service's National Register criteria for evaluation
of historic properties (U.S. DOI, National Park Service's National
Register Bulletin 15, also available online at the City website).
A structure contributing to the historic significance of a site or
district is one that by location, design, setting, materials, workmanship,
feeling and association adds to the site's or district's sense of
time and place and historical development. A structure not contributing
to the historic significance of a site or district is one that detracts
from the site's or district's sense of time and place and historical
development; or one where the integrity of the original design or
individual architectural features or spaces have been irretrievable
lost; or one where physical deterioration and/or structural damage
has made it not reasonably feasible to rehabilitate the building.
Ordinarily, structures that have been built within the past fifty
(50) years will not be considered unless a strong justification concerning
their historical or architectural merit is given or the historical
attributes of the district are considered to be less than fifty (50)
years old.
Any work for which a building permit is not required by law,
where the purpose and effect of such work is to correct any deterioration
or decay of or damage to a structure of any part thereof and to restore
the same, as nearly as may be practicable, to its condition prior
to the occurrence of such deterioration, decay, or damage.
Buildings, landmarks, or other similar constructions which
are not integral components of the Historic District because it does
not date from a time period for which the Historic District is significant,
nor does it represent an architectural style, period, or construction
method for which the Historic District is significant that are located
within the Historic District and do not contribute to the overall
aesthetic appeal of the Historic District.
Any device visible from a public place that displays either
commercial or non-commercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations.
Any element or component of outdoor open space, including,
but not limited to, signs, fences, walls, retaining walls, gates,
sidewalks, walkways, driveways, parking lots, patios, terraces, decks,
vegetation and plantings taller than three (3) feet, outdoor furniture,
exterior light standards, fountains, statuary, detached signs and
other such elements.
An order issued by the Director ordering an owner, occupant,
contractor, or subcontractor to halt an action for which a Historical
District permit is required and notifying the owner, occupant, contractor,
or subcontractor of the application process for a Historical District
permit.
[Ord. No. 21-066, 8-2-2021]
A.
The Zoning Map of the City of Ozark is hereby amended by the addition
of the Historic Overlay District. The general area of the Historic
Overlay District is as shown on the following map, said map to be
updated quarterly as needed by the Planning and Zoning Commission
and Board of Aldermen upon the Director approving Applications for
Designation and/or Applications for Removal:
B.
Map shall be on file with the City Clerk.
[Ord. No. 21-066, 8-2-2021]
Demolition of a historic structure shall be avoided when possible
except where there is a reasonable concern for the general health,
safety, and welfare of the public.
[Ord. No. 21-066, 8-2-2021]
A.
Application for designation of a historic structure shall be made
by owners of record of the real property involved to the Planning
and Zoning Commission by submitting the completed application to the
Planning and Development Department, on forms approved by the Director
and made available on the City's website and at City Hall. Applications
must be fully completed prior to being placed on the Planning and
Zoning Commission agenda and may be returned if not.
B.
Process For Designation.
1.
The application for designation shall be placed on the next
regularly scheduled meeting of the Planning and Zoning Commission,
which shall not be more than sixty (60) days from the date the completed
application is submitted for consideration. The meeting shall be scheduled,
held and conducted to receive the viewpoints of affected property
owners, residents and other interested citizens. Notice of the date,
time, place and purpose of the meeting and copy of the application
for designation shall be sent by regular mail to the owner(s) of record.
2.
The Planning and Zoning Commission shall make a recommendation
as to whether the property in the application for designation meets
the criteria for designation contained within this Chapter. Said recommendation
shall include findings as to which, if any, criteria for designation
are met and shall be forwarded to the Board of Aldermen for consideration.
3.
The Board of Aldermen shall hold a public hearing to determine
whether the property in the application for designation meets the
criteria for designation contained within this Chapter.
4.
After the public hearing, the City Clerk shall provide written
notification of the action of the Board of Aldermen by regular mail
to the nominator, the owner(s) of property in the application for
designation. The notice shall include a copy of the designation ordinance
if passed by the Board of Aldermen and shall be sent within fifteen
(15) days of the action. A copy of each designation ordinance shall
be sent to the City Planning and Zoning Commission and the City Building
Official.
5.
Upon adoption of a designating ordinance by the Board of Aldermen,
the City shall issue plaques to identify the property as a historic
structure, said plaques to conform to the Design Guidelines and be
uniform in appearance. Once issued, the plaques shall be displayed
on the historic structure.
6.
Upon the designation of the property in the application, the
historic district map shall be updated to reflect the designation
change.
C.
Removal Of A Designation As A Historic Structure. Application for
removal of a designation as a historic structure shall follow the
process for application for designation as a historic structure except
there must be a showing that the property does not meet the criteria
for designation in this Chapter.
[Ord. No. 21-066, 8-2-2021]
A.
The Planning and Zoning Commission shall conduct such investigation
as it deems necessary, make determination as to whether a historic
structure for which application is made, meets one (1) or more of
the following criteria:
1.
Its character, interest, or value as part of the development,
heritage, or cultural characteristics of the community, County, State
or Country;
2.
Its overall setting and harmony as a collection of buildings,
structures, objects where the overall collection forms a unit;
3.
Its potential to be returned to an accurate historic appearance
regardless of alterations or insensitive treatment that can be demonstrated
to be reversible;
4.
Its location as a site of a significant local, County, State,
or national event;
5.
Its identification with a person or persons who significantly
contributed to the development of the community, County, State or
Country;
6.
Its embodiment of distinguishing characteristics of an architectural
type, valuable for the study of a period, type, method of construction,
or use of indigenous materials;
7.
Its identification as the work of a master builder, designer,
architect, or landscape architect whose individual work has influenced
the development of the community, County, State or Country;
8.
Its embodiment of elements of design, detailing, materials,
or craftsmanship that render it architecturally significant;
9.
Its embodiment of design elements that make it structurally
or architecturally innovative;
10.
Its unique location or singular physical characteristic that
make it an established or familiar visual feature of the neighborhood,
community, or City;
11.
Its character as a particularly fine or unique example of a
utilitarian structure, including, but not limited to, farmhouses,
gas stations, or other commercial structures, with a high level of
integrity or architectural significance;
12.
Its suitability for preservation or restoration; and
13.
Its potential to yield information important to history and
prehistory. Any structure, property, or area that meets one (1) or
more of the above criteria shall also have a sufficient integrity
of location, design, materials, and workmanship to make it worthy
of preservation or restoration.
[Ord. No. 21-066, 8-2-2021]
A.
All historic structures and non-contributing structures located within
the Historic District shall apply for and obtain a Historic District
permit prior to beginning any exterior work, including alteration,
construction, repair, removal, or demolition of a historic structure.
1.
Application for a Historic District permit shall be called an
"Application for a Historic District Permit," and shall be made by
the owners of record of the real property involved, on forms approved
by the Director and made available on the City's website and at City
Hall.
2.
The applicant shall inform City staff when the work subject
to the Historic District permit is complete. It shall be the duty
of the Director to inspect any work performed in accordance with the
Historic District permit to ensure compliance. In the event work is
not performed in compliance with the Historic District permit, the
Director shall issue a stop work order and all work shall cease until
the appropriate Historic District permit is granted. If the property
owner does not respond to the stop work order, a notice of violation
shall be issued and action shall be taken to gain compliance. No person,
firm or corporation shall undertake any work on a project as long
as the stop work order is in effect.
3.
Plan Changes. No changes shall be made to the approved plans
of a project after issuance of a Historic District permit without
resubmittal of a revised Historic District work permit plan to the
Director as appropriate for their review and approval.
4.
A Historic District permit shall become void unless construction
is commenced within six (6) months of the date of issuance. Any person
who fails to complete a project according to the guidelines provided
in the certificates shall be deemed in violation of this Chapter.
[Ord. No. 21-066, 8-2-2021]
A.
All work performed pursuant to the issuance of a Historic District
permit shall conform to the requirements of the Design Guidelines
as adopted by the Board of Aldermen and as noted below.
1.
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
2.
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
3.
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
4.
Deteriorated architectural features shall be repaired, rather
than replaced, whenever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
5.
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building material shall not be undertaken.
6.
Contemporary design for alterations and additions to existing
properties and for new construction may be permitted when such alterations,
additions or new construction do not destroy significant historical,
architectural or cultural material and such design is compatible with
the size, scale, color, material and character of the property neighborhood
or environment.
7.
Whenever possible, new additions or alterations to structures
shall be done in such a manner that, if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
8.
Mechanical Equipment. Installation of mechanical equipment on
the roof, when necessary, so that it is minimally visible to preserve
the building's historic character and setting. Equipment shall be
located at the rear of the building when possible and shall not be
visible from the street in front of the building or visually dominant
from any other street.
[Ord. No. 21-066, 8-2-2021]
A.
Purpose And Intent.
1.
The design, size, number, and placement of signs contribute
to the overall environment of the buildings, streetscape, and Historic
District. These sign regulations are specifically designated to ensure
compatibility and vehicular and pedestrian scale. Public interest
is served in ensuring that signs are well designed, carefully placed
and properly maintained in accordance with the overall desired character
of any historic district, landmark, or property.
2.
It is not the intent of these standards to create uniformity
of signage or to inhibit creative initiative. Nothing contained in
this Section shall be construed to prohibit an individual from exercising
rights protected by the First Amendment to the Constitution of the
United States.[1]
[1]
Editor's Note: Former Subsection (A)(3), which immediately
followed this Subsection, regarding signs attached to utility poles,
etc., was repealed 11-21-2022 by Ord. No. 22-067.
B.
Sign Content. The content of signs is not regulated by this Section,
and the content of the message to be conveyed shall not be considered
in making decisions pursuant to this Section.
C.
General Provisions. It shall be unlawful to erect, alter, or remove,
any sign in the area governed by this ordinance unless a permit has
been issued pursuant to the authority of this Section.
D.
Specific Criteria For Signs:
1.
Signs shall be designed with the appropriateness relative to
the services of the establishment served.
2.
Signs shall not be installed on and/or be installed so as to
cause irreparable damage to any cornice, ornament, or similar architectural
detail, and shall be the least damaging method feasible for the property,
building or site. The below image provides a visual representation
for use in identifying architectural details.
[Ord. No. 22-067, 11-21-2022]
|
Storefront Facade Features
|
|---|
 |
3.
Signs should be maintained if they are determined to be an original
part of a building as it was originally constructed.
4.
[2]All sign attachments shall be designed in such a way that
the smallest possible amount of a building's historic fabric is damaged.
This includes mounting sign attachments on brick buildings through
the masonry joints, rather than through the masonry itself.
[2]
Editor's Note: Former Subsection (D)(4), regarding existing
non-conforming signs, was repealed 11-21-2022 by Ord. No. 22-067.
This ordinance also redesignated former Subsection (D)(5) as (D)(4).
E.
Design Requirements.
1.
Sign Materials.
a.
Exposed surfaces of signs must be constructed of or appear to
be constructed of metal, glass, stone, concrete, brick, cloth, or
wood, or similar approved materials. If synthetic materials are authorized,
they shall have the same finished appearance as the materials specified
in this paragraph.
b.
Plastic substrate, plywood or unfinished wood are not appropriate
materials for signs and shall not be permitted.
2.
[3]Illumination Of Exterior Signs.
a.
Internally illuminated signs, and internally illuminated awnings
are not appropriate and shall not be permitted.
b.
Neon lighting is not permitted.
c.
No animated, flashing or electronically changeable copy signs
shall be permitted.
d.
No colored lights shall be used.
e.
If signs are illuminated, they shall be externally lit. Lighting
directed toward a sign shall be shielded or recessed so that it illuminates
only the face of the sign and does not shine directly into a public
right-of-way or sidewalk.
f.
Individual wall-lighting fixtures projecting beyond property
lines may be used providing fixtures are consistent with the period
or the design of the building facade; the total wattage per fixture
is no more than one hundred (100) watts; the fixture does not emit
glare or harsh bright spots; the fixture is mounted no lower than
seven (7) feet six (6) inches nor higher than nine (9) feet above
the elevation of the ground floor; and the fixture extends from the
property line not more than sixteen (16) inches, with no dimensions
greater than sixteen (16) inches.
[3]
Editor's Note: Former Subsection (E)(2), Professional Fabrication,
and Subsection (E)(3), Shape, were repealed 11-21-2022 by Ord. No.
22-067. This ordinance also redesignated former Subsection (E)(4)
as (E)(2).
F.
Wall Signs.
1.
Wall signs shall be mounted flush against the facade of the
building. No sign shall be permitted that protrudes more than six
(6) inches from the facade.
G.
Canopy And Awning Signs.
1.
Storefront awnings should be positioned both above the display
window and below the transom window(s), or above both the display
and transom windows but below the signboard area, cornice, or spandrel,
where these architectural features exist.
[Ord. No. 22-067, 11-21-2022]
2.
Canopy signs shall have a ground clearance of no less than eight
(8) feet above the lowest ground elevation.
3.
Canopy signs shall cover no more than eighty percent (80%) of
the area of the sides of the canopy and no more than ninety percent
(90%) of the front (angled or sloped) face of the canopy.
[Ord. No. 22-067, 11-21-2022]
H.
Window Signs.
1.
Window signs may be displayed on or in display windows on the
ground floor. Window signs in upper facade windows are only allowed
if there is a separate tenant or business in the upper floor.
3.
Window signs shall not exceed fifty percent (50%) of the total
window area of the business or establishment.
[Ord. No. 22-067, 11-21-2022]
4.
Internally lit window signs are acceptable.
[Ord. No. 22-067, 11-21-2022]
J.
Projecting Signs.
1.
Projecting signs are typically placed near the entry door.
2.
Projecting signs shall project perpendicularly from the building.
3.
Projecting signs shall be secured in place with a frame mount
assembly.
4.
Projecting signs do not necessarily have to be entirely stationary;
they may suspend from an awning or similar type structure or be affixed
to a bracket-mount to the building or structure in a manner where
the sign face sways; such motion shall not make a swing sign a prohibited
animated sign.
5.
Any sign that is suspended from the underside of a canopy (including
awnings), shall be located perpendicular to the wall surface of a
building.
6.
All projecting signs shall have a ground clearance of no less
than seven (7) feet six (6) inches and shall not be more than ten
(10) feet above the elevation of the ground floor.
7.
Such signs shall project no more than thirty-six (36) inches
from the building face.
8.
Projecting signs shall be limited to one (1) per business or
establishment.
9.
No projecting sign shall exceed an area of nine (9) square feet
per sign face.
10.
Projecting signs shall not be illuminated.
K.
Permanent Principal Use Ground Signs.
[Ord. No. 22-067,[6] 11-21-2022]
1.
Ground signs, except historical designation markers, shall only
be permitted in the front yard of properties containing a detached,
single-family residence that has been converted to office, institutional,
retail, service, commercial use, and/or a commercially designed building
with an appropriate landscaped front yard area.
2.
The maximum height of any ground sign, which may be permitted
pursuant to this Section shall be six (6) feet.
3.
Ground signs and all supporting elements shall be compatible
with the building, property, and/or surroundings.
4.
No ground sign shall exceed an area of thirty-two (32) square
feet per sign face.
[6]
Editor's Note: This ordinance also repealed former Subsection
(K), Display Boards, and redesignated former Subsection (L) as (K).
L.
Exceptions. The following are allowed in addition to those signs
listed above:
[Ord. No. 22-067,[7] 11-21-2022]
1.
Historic markers denoting building names, dates of erection,
monumental citations and commemorative tablets which do not exceed
twenty (20) square feet in area when made a permanent integral part
of a building and made of cast metal or other durable materials. They
should be located at eye level and should be positioned near a building
entrance or another area of high visibility.
[7]
Editor's Note: This ordinance also repealed former Subsection
(M), Frame Signs, and Subsection (O), Banners, and redesignated former
Subsection (N) as (L) with amendments.
[Ord. No. 21-066, 8-2-2021]
