Lake Ozark City Zoning Code
ARTICLE III
General Provisions
Section 405.050 Jurisdictional Area.
[R.O. 1994 § 405.050; Ord. No. 94-8 Art. 3 § 1, 5-10-1994]
The provisions of these regulations shall apply to all structures and land in the incorporated area of the City of Lake Ozark, Missouri, and for one hundred (100) yards beyond the shoreline which is adjacent to the City. The jurisdictional area within the corporate limits of the City shall be shown on the official Zoning District Map.
Section 405.060 Establishment Of Districts.
[R.O. 1994 § 405.060; Ord. No. 94-8 Art. 3 § 2, 5-10-1994; Ord. No. 95-7 § 3(B), 7-25-1995; Ord. No. 2003-12, 4-22-2003; Ord. No. 2007-49, 10-23-2007; Ord. No. 2008-27, 6-10-2008; Ord. No. 2011-10, 5-24-2011]
The jurisdictional area is hereby divided into eleven (11) zoning districts which are designated as follows:
"R-1" | Residential — Low-Density District |
"R-1A" | Residential — High-Density Single-Family Conditional Use Overly District |
"R-2" | Residential — Two-Family Dwelling District |
"R-3" | Multi-Family Dwelling District |
"M-P" | Manufactured Home Park Residential District |
"C-1" | Central Commercial District |
"C-2" | General Commercial District |
"LMU-1" | Lakefront Mixed Use District |
"CR-3" | Mixed Use High-Density District |
"M-1" | Light Industrial District |
"PUD" | Unit Development District |
Section 405.070 Zoning District Map.
[R.O. 1994 § 405.070; Ord. No. 94-8 Art. 3 § 3, 5-10-1994; Ord. No. 2008-27, 6-10-2008; Ord. No. 2009-10, 2-10-2009]
The boundaries of the districts are shown on the official Zoning District Map which is filed in the office of the City Clerk. This official Zoning District Map, with all notations, references and other information shown thereon, is as much a part of these zoning regulations as if such notations, references and other information were specifically set forth herein, except that in the event of a conflict between the official Zoning District Map and the ordinances passed amending the boundaries depicted in the official Zoning District Map, the language in the ordinances shall prevail. Such map shall be marked "Official Copy of City of Lake Ozark, Missouri Zoning Map 2009."
Section 405.080 Rules Where Uncertainty May Arise.
[R.O. 1994 § 405.080; Ord. No. 94-8 Art. 3 § 4, 5-10-1994]
A.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the official Zoning District Maps, incorporated herein, the following rules apply:
1.
The district boundaries are the centerlines of streets, alleys, waterways and railroad rights-of-way, unless otherwise indicated; and where the designation of a boundary line on the Zoning Map coincides with the location of a street, alley, waterway or railroad right-of-way, the centerline of such street, alley, waterway or railroad right-of-way shall be construed to be the boundary line of such district.
2.
Where the district boundaries do not coincide with the location of streets, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
3.
Where none of the above rules apply, the district boundaries shall be determined by the use of the scale shown on the Zoning Map.
Section 405.090 Exemptions.
[R.O. 1994 § 405.090; Ord. No. 94-8 Art. 3 § 5, 5-10-1994]
A.
The following structures and uses shall be exempt from the provisions of these regulations:
1.
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.
2.
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.
3.
Agriculture As Defined By These Regulations. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable regulations of these regulations.
4.
Retaining walls on public property.
5.
Public signs.
Section 405.091 Application Of Regulations.
[R.O. 1994 § 405.091; Ord. No. 94-8 Art. 3 § 6, 5-10-1994]
The following general requirements shall apply to all zoning districts:
No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with these regulations.
Section 405.092 Annexed Land.
[R.O. 1994 § 405.092; Ord. No. 94-8 Art. 3 § 7, 5-10-1994; Ord. No. 2007-30, 8-28-2007]
All land which may be annexed to the City of Lake Ozark shall be classified as "R-1," if such land is vacant and has no indicated future use. However, such land may be zoned into the appropriate zoning requested, if it is accompanied in the annexation petition by a site plan indicating that its intended use is compatible with the requested zoning, provided that such use is planned within two (2) years of such annexation. If annexed land is fully or partially developed, the Planning and Zoning Commission may zone such land to zoning which is closest to its present use, if such zoning is not incompatible with its future land use map of the Comprehensive Plan.
Section 405.093 Separability.
[R.O. 1994 § 405.093; Ord. No. 94-8 Art. 1 § 8, 5-10-1994]
A.
It is hereby declared to be the intention of the City that the several provisions of these regulations are separable in accordance with the following rules:
1.
If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.
2.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.