Lake Ozark City Zoning Code
ARTICLE IV
District Regulations
Section 405.100 "R-1" Residential - Low-Density District.
[R.O. 1994 § 405.100; Ord. No. 94-8 Art. 4 § 1, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2003-18 § 1, 5-13-2003; Ord. No. 2011-10, 5-24-2011; Ord. No. 2013-35, 11-26-2013]
A.
Intent. The intent of this district is to provide for low-density residential development including those uses which are compatible with residential neighborhoods. In the "R-1" Single-Family Dwelling — Low-Density District, no building or premises shall be used and none shall be hereafter erected or altered unless otherwise provided in this Chapter, and all buildings erected or altered shall conform to the following use, area and height regulations.
B.
Permitted Uses.
1.
Single-family dwellings.
2.
Group homes as defined in Article II. Group homes shall be situated so that the property on which the group home is located is no closer than five hundred (500) feet from any other property on which a group home is located. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.
3.
Parks and playgrounds accessory to residential subdivisions.
4.
Accessory structures.
5.
Signs as permitted by the current sign regulations.
7.
Residential vacation rental.
[Ord. No. 2022-50, 1-10-2023]
C.
Prohibited Uses. Mobile homes and any hotels, motels, and lodging establishments not meeting the definition of a residential vacation rental are prohibited in "R-1" Single-Family Dwelling Districts.
[Ord. No. 2022-50, 1-10-2023]
D.
Special Uses. Golf courses, agricultural uses, schools, churches, and similar uses shall require the issuance of a permit by the Planning and Zoning Commission.
[Ord. No. 2017-39, 11-28-2017]
E.
Architectural Design Standards. All dwellings must comply with the following exterior architectural standards:
1.
The dwelling must have minimum dimensions of twenty-two (22) feet in width and forty (40) feet in length.
2.
The dwelling must have a roof pitch of no less than four (4) inches of vertical rise to each twelve (12) inches of horizontal run.
3.
The dwelling must have a roof overhang and/or eave projection width of no less than twelve (12) inches exclusive of any guttering.
4.
The dwelling must be placed on a continuous and complete frost-protected perimeter foundation of masonry, concrete, or comparable material of the same appearance.
5.
The exterior wall covering shall be wood or masonry finish, or its appearance, and/or vertically or horizontally grooved siding or lap siding, or its appearance.
6.
The use of flat or corrugated sheet metal for the exterior walls or roof covering is prohibited. This provision shall not include standing seam or similar modern roofing materials.
7.
Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the dwelling must be installed or constructed in accordance with the standards set by the adopted Building Code and attached firmly to the primary structure and anchored securely to the ground in accordance with such code.
8.
Appeals of determinations made by the Planning and Zoning Commission concerning architectural design standards shall be reviewed by the Board of Adjustment.
F.
Public Services. All principal structures built hereafter within the "R-1" District shall be served by and connected to public electric, sewer and water systems, if such facilities can feasibly be connected as determined by the City Engineer.
G.
Height Regulations. Maximum structure height: thirty-five (35) feet.
H.
Area Regulations (except as modified by the provisions of Article V):
1.
Minimum Lot Area. Every single-family dwelling or residence established shall provide a minimum lot area of nine thousand (9,000) square feet.
2.
Minimum Lot Dimensions. The minimum width of a lot shall be seventy-two (72) feet. The maximum depth shall not exceed three (3) times the width of the lot.
4.
Floor Area. Every dwelling hereafter erected, constructed, reconstructed, or altered in District "R-1" shall have an area, excluding basements, open and screened porches and garages, of not less than one thousand one hundred (1,100) square feet of floor area.
I.
Existing Lots.
1.
A residential structure may be erected on any lot located in a subdivision which has been zoned "R-1" and a preliminary plat approved by the Board of Aldermen at the effective date of these zoning regulations, notwithstanding the limitations imposed by other provisions of these regulations. For lots of record, such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
2.
For this provision only, the minimum lot area may be reduced up to fifty percent (50%).
3.
For this provision only, the minimum width of a lot may be reduced up to twenty-five percent (25%).
4.
For this provision only, the depth of the lot may be reduced up to twenty-five percent (25%).
5.
All front, rear and side yard requirements shall be met unless varied by the Board of Adjustment.
6.
All other requirements of these regulations shall be met.
7.
If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are lots of record at the effective date of the adoption of these regulations and if all or part of the lots with no dwellings do not meet the requirements established in the district for lot area and width, the lands involved shall be considered to be a lot of record. No portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements in these regulations.
Section 405.110 "R-1A" Residential - High-Density Single-Family Conditional Use Overlay District.
[R.O. 1994 § 405.110; Ord. No. 94-8 Art. 4 § 2, 5-10-1994; Ord. No. 98-3 § 1, 2-10-1998; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2008-18, 5-27-2008; Ord. No. 2011-10, 5-24-2011]
A.
Intent. The intent of this district is to provide a mechanism for the use of platted lots on or before June 25, 2002, that because of their size, their use is restricted.
B.
Permitted Uses. Any lot applying for a special use permit classifying it as "R-1A" shall in all manners and respects comply with the requirements of "R-1" zoning in accordance with Section 405.100 of this Article, with the size of the lot being the only special condition.
C.
Special Uses. Any lot platted on or before June 25, 2002, and zoned "R-1" at the time of application may apply to the Planning and Zoning Commission for a special use permit exempting its development from the "R-1" use limitations and classifying it as "R-1A" and subjecting it to the following guidelines.
D.
Height Regulations. The maximum height of any structure constructed on any lot applying for a special use permit classifying it as "R-1A" shall not exceed thirty-five (35) feet.
E.
Area Regulations. Except as modified by the provisions of Article V, any lot applying for a special use permit classifying it as "R-1A" shall have a:
1.
Minimum lot area: four thousand (4,000) square feet.
2.
Minimum lot width: fifty (50) feet.
4.
Floor Area. The square footage of floor area of any structure constructed on any lot applying for a special use permit classifying it as "R-1A" shall be no less than eight hundred sixty-five (865) square feet of habitable floor area.
Section 405.120 "R-2" Residential - Two-Family Dwelling District.
[R.O. 1994 § 405.120; Ord. No. 94-8 Art. 4 § 3, 5-10-1994; Ord. No. 2001-10 § 1, 7-10-2001; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2011-10, 5-24-2011; Ord. No. 2013-35, 11-26-2013]
A.
Intent. The "R-2" Two-Family Dwelling District is to provide for medium-density residential development between the "R-1" Single-Family and the "R-3" Multi-Family Districts. In the "R-2" Two-Family Dwelling District no building or premises shall be used and none shall be hereafter erected or altered unless otherwise provided in this Chapter, and all buildings erected or altered shall conform to the following use, area and height regulations, including the provisions of Section 405.100(E).
B.
C.
Prohibited Uses. Mobile homes and any hotels, motels, and lodging establishments not meeting the definition of a residential vacation rental are prohibited in the "R-2" Two-Family Dwelling Districts.
[Ord. No. 2022-50, 1-10-2023]
D.
Special Uses. Golf courses, agricultural uses, schools, churches, and similar uses shall require the issuance of a permit by the Planning and Zoning Commission.
[Ord. No. 2017-39, 11-28-2017]
E.
Height Regulations. Maximum structure height: thirty-five (35) feet.
F.
Area Regulations. (Except as modified by the provisions of Article V):
1.
Minimum Lot Dimensions, Single-Family Dwelling. A lot on which there is erected a single-family dwelling shall contain an area of not less than six thousand five hundred (6,500) square feet. No lot shall be less than sixty (60) feet in width; corner lots shall be not less than seventy-five (75) feet in width.
2.
Minimum Lot Dimensions, Two-Family Dwelling. A lot on which there is erected a two-family dwelling shall contain an area of not less than three thousand five hundred (3,500) square feet per family. No lot shall be less than sixty-five (65) feet in width; corner lots shall be not less than eighty (80) feet in width.
4.
Minimum floor area: eight hundred sixty-five (865) square feet of habitable floor area per family.
5.
Minimum Acreage Required For Rezoning. Applicants requesting to rezone property to an "R-2" Two-Family Residential Zoning District must have a minimum of five (5) acres or a number of lots that when combined are equal to a minimum of five (5) acres in size.
Section 405.130 "R-3" Multi-Family Dwelling District.
[R.O. 1994 § 405.130; Ord. No. 94-8 Art. 4 § 4, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002; Ord. No. 2011-10, 5-24-2011]
A.
Intent. The "R-3" Multi-Family Dwelling District is intended for the purpose of allowing high residential density land use with the commingling of compatible single-family and two-family dwellings, apartments, home occupations, community facilities and certain uses, yet retain the basic residential quality. In the "R-3" Multiple-Family Dwelling District no building or premises shall be used and none shall be hereafter erected or altered unless otherwise provided in this Chapter, and all buildings erected or altered shall conform to the following use, area and height regulations, including the provisions of Section 405.100(E).
B.
Permitted Uses.
1.
Any use permitted in the "R-2" Two-Family Dwelling District.
2.
Boarding houses and lodging houses.
3.
Nursing homes.
4.
Multiple-family dwellings.
5.
Accessory structures incidental and accessory to the above uses, located on the same lot, and not involving a commercial business.
6.
Parks and playgrounds accessory to single-family, two-family, multiple-family residential subdivisions.
8.
Mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
C.
Special Uses. Golf courses, agricultural uses, schools, churches, modular or manufactured housing, tiny home cluster developments, and similar uses shall require the issuance of a permit by the Planning and Zoning Commission.
[Ord. No. 2017-39, 11-28-2017; Ord. No. 2020-30, 9-22-2020]
D.
Height Regulations. Maximum structure height: One hundred twenty-six (126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section 405.130(C), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe, on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
E.
Area Regulations (except as modified by the provisions of Article V). All dwellings hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:
1.
Single-Family. A lot on which there is erected a single-family dwelling shall contain an area of not less than six thousand five hundred (6,500) square feet. No lot shall be less than sixty (60) feet in width; corner lots shall be not less than seventy-five (75) feet in width.
2.
Two-Family. A lot on which there is erected a two-family dwelling shall contain an area of not less than three thousand five hundred (3,500) square feet per family. No lot shall be less than sixty-five (65) feet in width; corner lots shall be not less than eighty (80) feet in width.
3.
Multiple-Family. A lot on which there is erected a multi-family dwelling shall contain an area of not less than seven thousand five hundred (7,500) square feet or two thousand five hundred (2,500) square feet per family, whichever area is the larger, except that this regulation shall not apply to dormitories or rooming and lodging houses where no cooking is done in individual rooms or apartments. The Board of Adjustment may increase the intensity of use for multi-family dwellings by one (1) residential unit, if all of the following conditions can be met:
4.
Lot Of Record. Where a single lot of record, as defined in Section 405.040, "Definitions," of these regulations, has less area than herein required and was recorded prior to the effective date of this regulation, that lot may be used only for single-family dwelling purposes.
5.
Lot Coverage. Multi-family uses shall not cover more than forty percent (40%) of the lot area.
7.
Minimum Floor Area. Same as "R-2" except that for multi-family residential units, there shall be five hundred seventy-five (575) square feet of private, habitable floor area per family, provided there are common activity areas, such as laundry areas, and eight hundred sixty-five (865) square feet per family provided there are no common activity areas.
F.
Parking And Loading Regulations. Each dwelling unit shall comply with the off-street parking and loading regulations contained in Article VI.
G.
Not withstanding any other provisions of this Section 405.130 relating to a "R-3" District, or Section 405.210, relating to a "PUD" District, or Section 405.180 relating to an "LMU-1" District, tiny home cluster developments may be approved by the Planning and Zoning Commission by special use permit provided the following minimum conditions are met:
[Ord. No. 2020-30, 9-22-2020]
1.
All tiny homes must be connected to all available public utilities.
2.
All cluster developments must comply with the lot setbacks. All tiny homes shall maintain a minimum separation of ten (10) feet from other tiny homes within the development. Flexible setbacks are permitted from lot boundaries to enable functional site design, at the review of the Planning and Zoning Commission.
3.
The cluster development must be retained under common ownership, including all tiny houses and common open spaces.
4.
Each residential structure within a development should include at least two (2) parking spaces, with no on-street parking in the development.
5.
Structural requirements:
a.
Minimum square footage shall not account for the required cooking facilities, toilet facility areas, or lofts, which are required in addition to the minimum clear floor area of one hundred twenty (120) square feet for a single occupant and two hundred twenty (220) square feet for two (2) occupants and three hundred twenty (320) square feet for three (3) occupants. The maximum number of occupants shall not exceed three (3).
b.
Other habitable rooms must have not less than seventy (70) square feet of floor area (except for kitchens).
c.
Habitable rooms must not be less than seven (7) feet in any horizontal dimension.
d.
Ceiling heights must be a minimum seven (7) feet in habitable spaces, hallways, bathrooms, and toilet rooms.
e.
Ceiling height effect on floor area: Portions of a sloped ceiling measuring less than five (5) feet or a furred ceiling measuring less than seven (7) feet from the finished floor; floor areas below these ceilings shall not be permitted to contribute to the minimum required habitable area for that room.
f.
Tiny houses shall be provided with a kitchen sink, cooking appliances and refrigeration facilities each providing the minimum clear working space of thirty (30) inches in front.
6.
Units shall meet the means of egress requirements of IRC R311.1 and the Emergency Escape and Rescue opening provisions of IR310.1.1: Minimum opening area, height, width, and operational constraints.
7.
Stairways shall not be less than thirty-six (36) inches wide, have a maximum eight-inch riser and nine-inch tread. Ladders/ship ladders are not approved.
Section 405.140 "M-P" Manufactured Home Park Residential District.
[R.O. 1994 § 405.140; Ord. No. 94-8 Art. 4 § 5, 5-10-1994; Ord. No. 2011-10, 5-24-2011]
A.
Intent. It is the intent of this district to provide medium density manufactured home park development which is compatible with the character of the surrounding neighborhood in which it is located. Manufactured home parks are considered as a residential use and should be located in areas where services and amenities are available such as those found in conventional residential areas.
B.
Permitted Uses.
1.
Single-family manufactured and mobile homes.
a.
No mobile home unit in excess of four (4) years of age (as identified by title of such unit) shall be allowed to be placed in this district.
b.
No additions will be permitted to be attached to existing mobile home units, classified as such by Section 700.111, RSMo.; except that unattached permanent roofs constructed in compliance with the City of Lake Ozark Municipal Codes shall be allowed, as shall unattached decks and porches.
2.
Public recreation areas and facilities.
3.
Parks and playgrounds accessory to manufactured home parks.
4.
Accessory buildings typically found with the above permitted uses.
5.
Signs as permitted by the current sign regulations.
D.
Prohibited Uses. Unless a use is specifically listed elsewhere in this Section, such use shall be considered prohibited in any manufactured home community. The following uses are expressly prohibited in any manufactured home community:
F.
Height Regulations. Maximum structure height: twenty (20) feet.
H.
Use Limitations. Each manufactured home park shall be designed in accordance with all City Codes and to the following minimum design standards.
I.
Minimum Design Standards.
1.
The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
2.
Manufactured home parks hereafter approved shall have a maximum density of eight (8) manufactured homes per gross acre and a minimum area of five thousand (5,000) square feet shall be provided for each manufactured home space.
3.
Each manufactured home space shall be at least fifty (50) feet wide and be clearly defined.
4.
All manufactured homes and additions thereto shall be so located to maintain a clearance of not less than twenty (20) feet from another manufactured home or twenty-five (25) feet from any permanent structure within the park.
5.
All manufactured home spaces shall front upon a private roadway of not less than twenty-five (25) feet in width, including curbs on each side; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one (1) side of the street, the width shall be increased to thirty (30) feet and if parallel parking is permitted on both sides of the street, the width shall be increased to thirty-six (36) feet. All roadways shall have unobstructed access to a public street.
6.
All roadways and sidewalks within the manufactured home park shall be of all-weather surfacing and shall be adequately lighted at night.
7.
A community structure may be provided which may include recreation facilities, laundry facilities and other similar uses.
8.
The perimeter of all manufactured homes shall be fully skirted.
9.
A storm shelter shall be required, big enough to accommodate all of the residents, based on no fewer than three (3) persons per manufactured home space.
10.
Sidewalks shall be required on one (1) side of all streets.
11.
Landscaping shall be shown on the development plan.
12.
All roadways shall meet the design standards as adopted by the City for private streets in manufactured home parks.
13.
A structure permit for the park shall be obtained before moving a manufactured home into an "M-P" district.
J.
Water Supply.
K.
Sewage Disposal. Individual sewer connections shall be provided for each manufactured home space and shall be installed in accordance with the Building Codes of the City. A public sewer system shall be used.
L.
Tie-Downs And Ground Anchors. All manufactured homes shall be secured to the ground by tie-downs and ground anchors in accordance with the Manufactured Home and Recreational Vehicle Code.
M.
Electrical. Each manufactured home space shall be provided with an individual electrical service supply which shall be installed in accordance with the Electric Code of the City and requirements of the electric supplier.
N.
Gas. Natural gas or propane hookups, when provided, shall be installed in accordance with the Building Codes of the City and the regulations of the gas supplier.
O.
Refuse And Garbage Handling. Storage, collection and disposal of refuse in a park shall be in accordance with City Code.
P.
Blocking. All manufactured homes shall be blocked at a maximum of ten-foot centers around the perimeter of each manufactured home in accordance with the Manufactured Home and Recreational Vehicle Code and in accordance with the manufacturer's guidelines.
Q.
Pad Requirements. Shall be a flexible surface with a minimum of five-inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; or shall be of a hard surface of a minimum of two (2) eighteen-inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the manufactured home.
R.
Application Requirements.
1.
An applicant for "M-P" Manufactured Home Park District shall prepare or cause to be prepared a preliminary manufactured home park plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and twenty (20) copies of said plan shall be submitted to the Planning and Zoning Commission for its review and recommendations. Said plan shall be designed in accordance with the minimum design standards herein and shall have contours shown at two-foot intervals.
2.
Upon approval of the preliminary manufactured home park plan by the Planning and Zoning Commission, the applicant shall prepare and submit a final plan which shall incorporate any changes or alterations requested. The final plan and the Planning and Zoning Commission recommendation shall be forwarded to the Governing Body for their review and final action.
3.
Any substantial deviation from the approved plan, as determined by the Zoning Administrator, shall constitute a violation of these regulations. Changes in plans shall be resubmitted for reconsideration and approval by the Planning and Zoning Commission and Governing Body prior to the occupancy of the manufactured home park.
4.
Construction of an approved manufactured home park shall begin only after the use permit has been granted by the Governing Body.
Section 405.150 (Reserved) [1] [2]
Section 405.160 "C-1" Central Commercial District.
[R.O. 1994 § 405.160; Ord. No. 94-8 Art. 4 § 7, 5-10-1994; Ord. No. 2007-02, 3-13-2007; Ord. No. 2011-10, 5-24-2011]
A.
Intent. The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities and office uses that are normally found in the core area of a City and where development is allowed up to the property lot line.
B.
Permitted Uses.
1.
Antique shop.
2.
Appliance store.
3.
Arts and crafts.
4.
Bank and financial institution.
5.
Barber and beauty shops.
6.
Clothing and shoe stores.
7.
Drug store, pharmacy.
8.
Florist.
9.
Furniture and decor stores.
10.
General merchandise, department and variety store.
11.
Gifts and souvenirs.
12.
Grocery store.
13.
Hotel and motel.
14.
Music store and studio.
15.
Newsstand.
16.
Photographic and portrait studios.
17.
Professional and general offices except medical services, clinics, and laboratories.
18.
Radio and television studios.
19.
Restaurants and drinking places.
20.
Theatres; motion picture, theatrical, musical.
21.
Tour operators, except air tours.
22.
Sporting goods store.
23.
Multiple-family dwellings in conjunction with commercial retail space**.
24.
Other retail, professional, and entertainment establishments deemed by the Planning and Zoning Commission to be in character with the zoning district. The character of such uses shall be held so as to provide for the needs, goods, convenience, shopping, and limited professional and personal services of the people of Lake Ozark and its vicinity.
C.
Multiple-family dwelling units shall generally be permitted in the "C-1" Zoning District, provided that such dwelling units comply with all other requirements of the City's Code for multifamily dwelling units, including, but not limited to, those contained in Section 405.130 and the Building and Fire Codes of the City.
However, any multiple-family dwelling units that are built within one hundred fifty (150) feet of the Bagnell Dam Boulevard right-of-way shall only be permitted in the "C-1" Zoning District on the second or higher floor of a building two (2) stories or more above street grade. The street level floor shall be a permitted commercial use only. Commercial and residential mixed-use buildings shall provide off-street parking for each residential unit in accordance with the off-street parking and loading regulations contained in Article VI of these regulations and shall comply with the adopted Building and Fire Codes of the City.
[Ord. No. 2020-25, 8-25-2020]
D.
Special Uses.
1.
Accessory structures used for commercial purposes and incidental to permitted uses.
2.
Air tour operators.
3.
Amusement parlor, amusement park or theme park.
4.
Commercial amusement and recreation.
5.
Marinas and boat sales in conjunction with marinas.
6.
Parking garages.
7.
Pet shop.
8.
Public utility offices.
9.
Recycling collection and sorting, except processing.
10.
Self-service laundry.
E.
Prohibited Uses. The principal intention of the "C-1" District is to provide such convenience and service without serious harm or interference to nearby "R" Residential Districts. Any retail activity, commercial recreation or amusement, and limited personal or professional service would be normally permitted except:
1.
Adult entertainment, novelties, or books.
2.
Animal hospital or clinic.
3.
Auto salvage and wrecking.
4.
Building materials and garden supplies.
5.
Construction equipment rental and leasing.
6.
Manufacturing, warehousing, and storage.
7.
Massage parlors.
8.
Medical marijuana facilities (all inclusive).
[Ord. No. 2019-15, 6-25-2019]
9.
Mobile or manufactured home sales or dealers.
10.
Tattoo parlors.
11.
Vehicle repair or services.
12.
Vehicle sales.
13.
All establishments not mentioned as "Special Uses Permitted."
F.
Height Regulations. Maximum structure height: One hundred twenty-six ( 126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section 405.160(D), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe , on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
G.
Area Regulations (except as modified by the provisions of Article V):
3.
Building Area.
a.
Commercial Buildings. In no case shall the minimum square footage of each building be less than seven hundred fifty (750) square feet of building space.
b.
Residential Units. For multi-family residential units, there shall be five hundred seventy-five (575) square feet of private, habitable floor area per family, provided there are common activity areas, such as laundry areas, and eight hundred sixty-five (865) square feet per family provided there are no common activity areas.
H.
Use Limitations.
1.
No outdoor storage, except the display of merchandise for sale to the public on private property, shall be permitted. Any merchandise stored outside which is determined by the Zoning Administrator as material which is not for sale to the public shall be screened or enclosed to the extent that it cannot be seen from off the property.
2.
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
3.
All parking and entrances shall be paved with concrete or asphalt.
J.
Site Plan Review. Development in the "C-1" District shall be subject to site plan review requirements and procedures.
Section 405.170 "C-2" General Commercial District.
[R.O. 1994 § 405.170; Ord. No. 94-8 Art. 4 § 8, 5-10-1994; Ord. No. 2002-01 § 1, 1-22-2002; Ord. No. 2003-01 § 1, 1-28-2003; Ord. No. 2007-02, 3-13-2007; Ord. No. 2011-10, 5-24-2011]
A.
Intent. The intent of this district is to provide a zone for those commercial uses which are intensive in nature and which require large lots and direct access to major streets.
B.
Permitted Uses.
1.
Any use permitted in a "C-1" District.
2.
Any use permitted in an "R-3" District, dwellings must comply with Section 405.100(E).
3.
Automobile, trucks, and recreational vehicle sales and services.
4.
Business services, except construction equipment rental and leasing.
5.
Churches.
6.
Daycare.
7.
Feed store.
8.
Gasoline service stations, including minor vehicle repair.
9.
Government offices.
10.
Hardware store.
11.
Laundry and dry cleaners.
12.
Lumberyard, building materials, and garden supply stores.
13.
Marinas.
14.
Medical marijuana dispensary, provided that no medical marijuana dispensary facility shall be permitted within two hundred (200) feet, measured from property line to property line, of any religious institution, elementary or secondary school, or child daycare facility.
[Ord. No. 2019-15, 6-25-2019]
15.
Medical services, clinics, and laboratories.
16.
Mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
17.
Parking garages.
18.
Pet shop, animal hospital or clinic.
19.
Post office.
20.
Public utility offices.
21.
Schools, public or private.
22.
Self-service laundry.
23.
Tattoo parlors.
24.
Tour operators, including air tours.
25.
Transportation, except airports.
26.
Winery.
[Ord. No. 2020-42, 12-8-2020]
27.
Other retail, professional, entertainment, and business services or establishments deemed by the Planning and Zoning Commission to be in character with the zoning district. The character of such uses shall be held so as to provide for the needs, goods, convenience, shopping, and professional, business, and personal services of the people of Lake Ozark and its vicinity.
C.
Special Uses.
1.
Accessory structures used for commercial purposes.
2.
Amusement parlor, amusement park or theme park.
3.
Auto body repair and paint shops, paint booths.
4.
Commercial amusement and recreation.
5.
Industrial winery.
[Ord. No. 2020-42, 12-8-2020]
6.
Medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility and medical marijuana testing facility, subject to the following:
[Ord. No. 2019-15, 6-25-2019]
a.
Properties proposed to contain above-referenced facilities allowed by special use permit must be within the previously established zone, and meet the following additional requirements:
(1)
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child daycare facility.
(2)
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "C-1" that contain a previously established residential use.
(3)
Comply with parking requirements as provided for in Section 405.420(A)(2)(i) of the Code of the City of Lake Ozark.
7.
Printing and publishing.
8.
Recycling collection and sorting, except processing.
9.
Residential or outpatient facilities for the treatment of alcohol or drug abuse.
10.
Vehicle mechanical repair shops and garages.
11.
Wholesale; storage and sales office operation.
E.
Height Regulations. Maximum structure height: One hundred twenty-six (126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section 405.170(C), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe, on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
F.
Area Regulations (except as modified by the provisions of Article V).
2.
Yard Regulations. Except as modified by the provisions of Article V, minimum yard depths shall be as follows:
G.
Use Limitations.
1.
No outdoor storage, except the display of merchandise for sale to the public on private property, shall be permitted. Any merchandise stored outside which is determined by the Zoning Administrator as material which is not for sale to the public shall be screened or enclosed to the extent that it cannot be seen from off the property.
2.
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
3.
All parking and entrances shall be paved with concrete or asphalt.
H.
Parking And Loading Regulations. Each residential or commercial use shall comply with the off-street parking and loading regulations contained in Article VI.
I.
Site Plan Review. Development in the "C-2" District shall be subject to site plan review requirements and procedures.
Section 405.180 "LMU-1" Lakefront Mixed Use District. [1]
[R.O. 1994 § 405.180; Ord. No. 2011-10,[2] 5-24-2011]
A.
Intent. The intent of this district is to provide a broad range of lakefront commercial and residential land uses.
B.
Permitted Uses. Any use permitted in an "R-3" Multiple-Family Dwelling District, hotels and motels, marine-related commercial operations, mobile food vending, lakefront eating and drinking places and similar water-related uses are permitted.
[Ord. No. 2021-31, 7-27-2021]
C.
Mobile food vending.
D.
Special Uses. Other uses not mentioned as "Permitted Uses" that are deemed compatible by the Planning and Zoning Commission shall be allowed by issue of a permit from the Planning and Zoning Commission.
E.
Prohibited Uses. All uses not mentioned as "Permitted Uses" or "Special Uses."
F.
Height Regulations. Maximum structure height: One hundred twenty-six (126) feet. Structure heights in addition to this limitation may be considered as a special use, in addition to those special uses enumerated in Section 405.180(C), with additional requirement to there being a signed acknowledgment/agreement between the developer, Lake Ozark Fire Protection District, and the City of Lake Ozark that water supply at the site is sufficient to provide service (standing pipe, on-site water storage, lakefront pumping stations, etc.). Further, the Lake Ozark Fire Protection District must be satisfied that the site has sufficient through fire lands, etc., for large pieces of response equipment to service the structure.
[Ord. No. 2022-08, 4-26-2022]
G.
Area Regulations. Except as modified by the provisions of Article V.
1.
Lot Area.
a.
Single-Family, Two-Family, Multiple-Family Residential. The minimum lot area for structures erected or altered for residential dwelling purposes shall be the same as those in the "R-3" Multiple-Family Dwelling District.
2.
Lot Of Record. Where a single lot of record, as defined in Section 405.040, Definitions, of these regulations, has less area than herein required and was recorded prior to the effective date of this regulation, that lot may be used only for single-family dwelling purposes.
3.
Lot Coverage. Multi-family uses shall not cover more than forty percent (40%) of the lot area.
5.
Minimum Floor Area.
a.
Single-Family And Two-Family Residential. Minimum floor area: minimum of eight hundred sixty-five (865) square feet of habitable floor area per family.
b.
Multi-Family Residential. Minimum floor area: For multi-family residential units, there shall be five hundred seventy-five (575) square feet of private habitable floor area per family provided there are common activity areas such as laundry areas and eight hundred sixty-five (865) square feet per family provided there are no common activity areas.
c.
Commercial. Minimum floor area: For commercial uses there shall be a minimum of seven hundred fifty (750) square feet of building space.
H.
Parking And Loading Regulations. Each residential or commercial use shall comply with the off-street parking and loading regulations contained in Article VI.
I.
Use Limitations.
1.
Commercial.
a.
No outdoor storage except the display of merchandise for sale to the public on private property shall be permitted. Any merchandise stored outside which is determined by the Zoning Administrator as material which is not for sale to the public shall be screened or enclosed to the extent that it cannot be seen from off the property.
b.
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
c.
All parking and entrances shall be paved with concrete or asphalt.
J.
Site Plan Review. Multi-family residential development and commercial development shall be subject to site plan review requirements and procedures.
Section 405.190 "CR-3" Mixed Use High-Density District.
[R.O. 1994 § 405.190; Ord. No. 2007-01, 3-13-2007; Ord. No. 2011-10, 5-24-2011]
A.
Intent And Purpose Of District. The "CR-3" Mixed Commercial-Residential District is intended for the purpose of allowing high density commercial and multi-family residential use within the same building or complex adjacent to either "C-2" commercial zoning, or "R-3" residential zoning, and to preserve and to provide transitional values and regulations between the two.
B.
Permitted Uses. Limited commercial and multi-family residential uses are permitted as deemed compatible by the Planning and Zoning Commission.
1.
Multiple-family dwellings.
2.
Banks and financial institutions.
3.
Beauty and barber shops.
4.
Book and stationery stores.
5.
Drug store; pharmacy.
6.
Daycare center.
7.
Electronics stores.
8.
Food stores.
9.
Florists.
10.
Furniture and home furnishings stores.
11.
Gifts and souvenirs.
12.
Medical services and clinics.
13.
Newsstands.
14.
Photographic studios.
15.
Physical fitness facilities.
16.
Professional and general offices.
17.
Restaurants and drinking places.
18.
Retail apparel and accessory stores.
19.
Theaters.
20.
Tobacco stores.
21.
Travel agencies.
C.
Special Uses. Other uses not mentioned as "permitted uses" that are deemed compatible by the Planning and Zoning Commission shall be allowed by issue of a permit from the Planning and Zoning Commission.
D.
Prohibited Uses. All uses not mentioned as "permitted uses" or "special uses."
E.
Height Regulations. Maximum structure height (figured from the average street elevation adjacent and in front of said structure or complex) shall be one hundred (100) feet. Provided;
F.
Area Regulations.
1.
Lot Area.
a.
Minimum lot size shall not be less than the greater of ten thousand (10,000) square feet or fifteen hundred (1,500) square feet per family dwelling unit and one thousand (1,000) square feet per commercial unit.
3.
Building Area.
a.
Residential Units. For multi-family residential units, there shall be five hundred seventy-five (575) square feet of private, habitable floor area per family, provided there are common activity areas, such as laundry areas, and eight hundred sixty-five (865) square feet per family provided there are no common activity areas.
G.
Loading And Unloading Regulations. See the Article on parking and loading regulations.
H.
Parking Regulations. The parking requirements for this district shall be as follows: two (2) parking spaces for each residential dwelling unit, plus one (1) additional parking space for each one hundred (100) square feet of commercial space if such commercial space is either an eating or drinking business; and/or one (1) additional space for each two hundred (200) square feet for commercial professional services businesses; and/or one (1) additional space for each three hundred (300) square feet of commercial space if such business space is non-specified commercial.
I.
Sign Regulations. See Article on sign regulations.
J.
Use Limitations.
1.
Development in the "CR-3" District shall be subject to site plan review requirements and procedures.
2.
Development shall include at least one (1) floor of commercial space, or minimum twenty-five percent (25%) commercial space, and shall not exceed seventy-five percent (75%) residential space. The development may be more than one (1) floor of commercial space, not to exceed fifty percent (50%) of total area of the structure or complex. The street level floor shall be required to be a permitted commercial use.
3.
The side setbacks area adjacent to the structure or complex shall be subject to the following restrictions:
a.
Beginning thirty (30) feet in front of the structure(s) on both sides of the building (as it faces the street) and extending thirty (30) feet beyond the building shall be paved and restricted as a fire lane.
b.
No other structures, other than water, sewer or other underground utilities, may be placed within this restricted area.
c.
At least one (1) entrance thirty (30) feet wide shall be required, with sufficient radius required to allow the entrance of fire vehicles with elevated stream capacities to access for fire protection.
d.
If the complex or structure has more than one (1) entrance such that access is allowed to three (3) sides of the building for fire suppression, without the thirty-foot setback restriction, Subsection (E)(2) and Subsection (J)(3)(a) requirements may be fully or partially waived by the Planning and Zoning Commission and such side setbacks may be reduced to ten (10) feet.
4.
Exterior lighting fixtures shall be shaded so that no direct light is cast upon residential property, and such that no visible glare affects any traffic on an adjacent public street.
5.
No outdoor storage shall be allowed.
6.
A traffic study by a competent traffic engineer may be required for approval.
7.
All parking and entrances shall be paved with concrete or asphalt.
Section 405.200 "M-1" Light Industrial District.
[R.O. 1994 § 405.200; Ord. No. 94-8 Art. 4 § 11, 5-10-1994; Ord. No. 2011-10, 5-24-2011]
A.
Intent. The intent of the district is to permit industrial uses that are not obnoxious due to appearance, noise, emissions or odor, that do not require intensive land coverage and that can be compatibly developed with adjacent districts through site plan review.
B.
Permitted Uses.
1.
Any use or special use permitted in a "C-2" District, except residential uses.
2.
Airports, flying fields.
3.
Contractor yards.
4.
Courier services.
5.
Fabrication, assembly, or packaging.
6.
Mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
7.
Mobile or manufactured home sales or dealers.
8.
Utility services.
9.
Warehousing, trucking, and storage.
10.
Welding shops.
11.
Similar uses deemed by the Planning and Zoning Commission to be compatible and in character with other uses in the district.
C.
Special Uses.
1.
Adult entertainment, novelties, books.
2.
Auto salvage and wrecking.
3.
Industrial winery.
[Ord. No. 2020-42, 12-8-2020]
4.
Light manufacturing, chemicals.
5.
Medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility and medical marijuana testing facility, subject to the following:
[Ord. No. 2019-15, 6-25-2019]
a.
Properties proposed to contain above-referenced facilities allowed by special use permit must be within the previously established zone, and meet the following additional requirements:
(1)
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child daycare facility.
(2)
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "C-1" that contain a previously established residential use.
(3)
Comply with parking requirements as provided for in Section 405.420(A)(2)(i) of the Code of the City of Lake Ozark.
6.
Quarry or mining operations.
D.
Height Regulations. Maximum structure height: seventy-five (75) feet.
E.
F.
Use Limitations.
1.
All storage of materials, products or equipment, except those related to or used for agricultural research, testing and/or analysis purposes, shall be within a fully enclosed building or in an open yard so screened that the materials stored are not clearly visible within one thousand (1,000) feet of the property line.
2.
A solid or semi-solid fence or wall at least six (6) feet, but not more than eight (8) feet, high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right-of-way. Said fence or wall shall be maintained in good condition by the owner or owners of the property in the "M-1" District.
3.
No structure shall be used for residential purposes except that a watchman may reside on the premises.
4.
Facilities Used For Agricultural Research, Testing And/Or Analysis. In agriculture-related research facilities, the following use limitations shall apply:
a.
Operations required to be conducted outside a fully enclosed building shall be conducted in controlled outdoor areas.
b.
A private street network shall be allowed where comprehensive control of a large industrial site is required for safety or security reasons and where no unsecured access to the site is afforded the public.
c.
Private roadways for certain agricultural-related research and development activities may be improved with an all-weather surface other than asphalt or concrete such as gravel or stone. They shall be designed to permit surface drainage without erosion of adjacent land and shall be provided with dust control.
G.
Site Plan Review. Development in the "M-1" District shall be subject to site plan review requirements and procedures.
Section 405.210 "PUD" Planned Unit Development District.
[R.O. 1994 § 405.210; Ord. No. 2011-10,[1] 5-24-2011]
A.
Purpose. The Planned Unit Development ("PUD") provides for project variety and diversity in any future land use category through the process established in this Section. Special consideration will be given to development applications which do not abut existing residential neighborhoods. Development flexibility is provided in exchange for ongoing community benefits that achieve the following purposes:
1.
To encourage a mix of different land uses which result in:
a.
Commercial, office, recreational and educational facilities conveniently located to residential uses;
b.
Economic benefits to the public due to efficient use of land and of public and private services;
c.
Lessen the burden of traffic on streets, roads and highways;
d.
Commercial, institutional and employment based land uses, accessible to residential land uses by multiple modes of transportation, including walking, biking, transit or automobiles; or
e.
Increased public open spaces in higher density residential and mixed-use settings.
2.
To encourage innovations in residential, commercial, recreational and industrial development and redevelopment which:
a.
Results in better management of or reduction in the environmental impacts of development on the surrounding community; or
b.
Relates the type, design and layout of residential, commercial, recreational and industrial development to the particular site, thereby encouraging preservation of important natural and environmental characteristics of the site.
3.
To allow flexibility in the application of the zoning requirements regarding bulk, setbacks, lot sizes and open space due to unique physical conditions of a particular site while ensuring that such flexibility will not be used in a manner that distorts the objectives of these regulations.
B.
Open Space And Screening. If by majority vote of the Planning and Zoning Commission, and subsequently a majority vote of the Board of Aldermen, or separately by a majority vote of the Board of Aldermen, it is their decision that open space and setbacks requirements are not sufficiently met by the uniqueness of the plan and the total plan provisions to common space, integrity between uses and provisions for amenities, then the following provisions may be required:
1.
Open Space. A residential planned unit development shall be required to reserve not less than twenty percent (20%) of the total planned land area for usable open space.
2.
Screening. In cases where businesses or industrial uses abut a residential district or residences in a "PUD," screening shall be provided adjacent to said district or residences.
C.
Traffic Study. The City may also require a traffic study by a competent traffic engineer and subsequent fees for such service by the applicant. Such service, where required, would include the estimated cost for such service to be deposited in advance of consideration and subsequent final approval of the plan.
D.
Damage Deposit. The City may also require a damage deposit for repairs, should the City deem that construction activity is apt to cause street or other infrastructure damage during construction. Either an insurance bond or deposit, for the estimated exposure, shall be acceptable, should the City require such.
E.
Landscaping. As greenery and natural viewscape is a valuable consideration and preservation of community values, low maintenance landscaping and such type scapes will undergo a critical review and may not be approved as part of a "PUD" plan.
F.
Fees. The fee for any "PUD" application shall be an amount as set forth in Section 405.920 of this Chapter.
G.
Minimum District Size. A site proposed for a planned unit development shall contain a contiguous area of ten (10) acres or more. Property is contiguous if all parts are under unified control and abut or are separated only by a road, easement or right-of-way.
H.
District Additions. Additions to existing planned unit developments shall have no minimum size provided that:
I.
Shoreline Preservation. In addition to minimum standards for district size, there shall also be a minimum setback requirement of one hundred (100) feet from the six-hundred-sixty-foot contour level for permanent building for those applications abutting the Lake of the Ozarks. The setback area may be used for such purposes as non-roofed common areas, such as pools and green space. Irrigation facilities or roofed, open condolas may be considered contingent on size approval by the Board. The setback area shall also include and be required to maintain a minimum ten (10) four-inch-to-six-inch trees or five (5) old growth trees, ten (10) inches or larger, per ten thousand (10,000) square feet of the setback area, or ratio thereof, scattered and random throughout the area, to enhance and preserve the shoreline view.
J.
Signs. All on-premises and off-premises advertising signs shall comply with the sign regulations contained in Article VII.
K.
Permitted Uses. Any use specifically authorized in a zoning district may become part of a planned unit development, provided the Board of Aldermen finds the use compatible with the existing and planned uses in the development and on adjacent properties.
L.
Special Uses. All uses allowed by special use permit may become part of a planned unit development, provided that all of the procedures and requirements for that special use are met, which shall include:
1.
Such special use shall be by written permit that shall contain the terms, times and conditions approved in such permit; and
2.
That such permit shall not be allowed except and until after a public hearing for such purposes; and
3.
Such public hearing may be held in conjunction with the original application for the "PUD" if the special uses are clearly and specifically set forth in writing at the time of application.
M.
Adoption And Modification Of Authorized Uses. The Board of Aldermen, at the time of adoption of an ordinance establishing a "PUD," shall list the uses that are authorized by right and by special use permit. All authorized uses shall be subject to applicable permit and approval processes established in these regulations. Modification of the authorized use lists for any "PUD" shall be processed pursuant to a rezoning application.
N.
Development Standards. Planned unit developments shall comply with the standards for the zoning district most closely associated with each proposed use, except where the City finds that public or private amenities provided by the proposed development exceed those that would be achieved through development that strictly complies with the minimum standards of the zoning districts. It is anticipated that uniform design standards shall be adopted for the entire "PUD" District as the Planning and Zoning Commission may require. It may also be required by the Planning and Zoning Commission that a blight study compatible with TIF regulations for blight studies be performed for the intended development before approval.
O.
Modification Of Standards.
1.
Mixed-Use "PUD." A mixed-use "PUD" shall include at least two (2) land uses which are not allowed together in any single zoning district, and each use must account for at least twenty-five percent (25%) of the land area. The remaining fifty percent (50%) of the land area may be used for any use approved through the plan. Any mixed-use "PUD" may modify the zoning district standards as follows:
a.
Residential Density And Non-Residential Intensity. Residential density and non-residential floor area ratios may, in the discretion of the Planning and Zoning Commission and Board of Aldermen, be increased by up to ten percent (10%) of the regular district standards if the "PUD" contains:
(1)
A mix of housing types, including single-family, two-family and multi-family integrated throughout the "PUD";
(2)
Uses, designed within convenient walking distance of the majority of residences, that commonly and customarily support the residential neighborhoods such as a neighborhood grocery store, a neighborhood hardware store, personal, services, recreational facilities and public institutions;
(3)
Increased open space and parks, accessible throughout the "PUD" for active or passive recreation;
(4)
Transportation amenities, including walking trails, bicycle trails or lanes, and transit facilities;
(5)
A street layout that provides multiple connections and access points for all of the various uses and provides multiple route options between the various uses;
(6)
Architectural standards that assure the compatibility of the different types of residential uses and of the residential and non-residential uses; or
(7)
Any other provisions in excess of the minimum standards that the Planning and Zoning Commission and Board of Aldermen determine necessary to add to the public benefit and offset the increase in density;
(8)
Hotel and convention facilities.
b.
Dimensional Standards. Dimensional standards such as setbacks, building height, lot area may be modified if the applicant can demonstrate that:
(1)
Buildings can be designed safely and compatibly with lesser setbacks;
(2)
Modification of the dimensional standards is offset by readily accessible public, private or common open space; and
(3)
All buildings are provided with adequate emergency access for fire protection, emergency medical technicians or other public safety concern.
c.
Parking and landscape requirements are subject to the applicable City of Lake Ozark municipal codes.
d.
The adopted building code of the City of Lake Ozark shall not be varied or modified in any manner by the adoption of a "PUD." Any modification of the building code shall be by the procedures set forth in that code.
2.
Single-Use "PUD." A "PUD" which contains only uses which could be authorized in a single zoning district or any plan not meeting the requirements of a mixed-use "PUD" in Subsection (O)(1) above may modify the zoning district standards subject to the following:
a.
The modification will only be allowed for:
(1)
Innovations in site development which result in less or better management of the environmental impacts of development on the surrounding community, or which allow preservation of important natural and environmental characteristics of the site by incorporating them into the site design; or
(2)
To allow flexibility in the application of the zoning requirements due to unique physical conditions of a particular site, while ensuring that such flexibility will not be used in a manner that distorts the objectives of these regulations.
b.
Dimensional Standards. Dimensional standards such as setbacks, building height, lot area may be modified if the applicant can demonstrate that:
(1)
Buildings can be designed safely and compatibly with lesser setbacks;
(2)
Modification of the dimensional standards is offset by readily accessible public, private or common open space;
(3)
All buildings are provided with adequate emergency access for fire protection, emergency management technicians or other public safety concern; and
c.
Residential Density And Non-Residential Intensity. Residential density and floor area ratios for non-residential uses shall not be modified for single-use "PUD."
d.
Parking and landscape requirements are subject to the provisions of applicable City codes, respectively.
e.
The adopted building code of the City of Lake Ozark shall not be varied or modified in any manner by the adoption of a "PUD." Any modification of the building code shall be by the procedures set forth in that code.
P.
Approved Plan. No use of the parcel, nor construction, modification or alteration of any use or structure within a "PUD" shall be permitted unless such construction or use complies with the terms and conditions of the approved plan. Each subsequent owner and/or entity created by the development, such as a property owners' association or an architectural review committee, shall comply with the terms and conditions of the approved plan. A seller of a property that is zoned "PUD" or which is in the process of receiving such approval shall notify the buyer of the terms and conditions of "PUD" approval. The City bears no liability for misrepresentation of terms and conditions of an existing approval. The developer shall set forth the conditions of approval within covenants that shall be recorded with the final approved map and plan.
Q.
Surrounding Land Use. The "PUD" shall be designed and arranged so that all uses on the perimeter of the "PUD" are compatible with surrounding land uses, such that the "PUD" may be integrated into the existing surrounding land uses rather than separated with buffers. See Subsection (B)(2).
R.
Application, Procedures, And Review Criteria. A planned unit development shall be reviewed according to the following procedures and criteria:
1.
Sketch Plan And Rezoning Application. Applicants for a planned unit development shall submit a rezoning request pursuant to the procedures established in City of Lake Ozark municipal codes. In addition to the requirements, an application for a planned unit development shall include a sketch plan, including the following:
a.
All information required by the City subdivision regulations for preliminary subdivision approval;
b.
All the various existing and proposed land uses, depicting their relationship to each other and to surrounding uses;
c.
All information required for a site plan for any non-single-family uses;
d.
A list of all proposed uses and all proposed conditional uses;
e.
The approximate number of acres in each proposed use category;
f.
The density being requested for each type of residential use proposed;
g.
The intensity (floor area ratio) for each non-residential use proposed;
h.
The legal description for the entire area of the plan;
i.
If the project will be phased, a phasing plan establishing what order the plan will be built, demonstrating how each individual phase meets the requirements of this Section and specifying how all streets and utilities will be constructed in conjunction with the proposed phases;
j.
Names and addresses of property owners within one hundred eighty-five (185) feet of all boundaries of the property;
k.
A written narrative report for the plan explaining how the elements of the plan function together, justifying all modifications of zoning district standards according to these regulations and establishing the proposed architectural character of dwellings, structures or uses on each portion of the property;
l.
A preliminary plan submitted in accordance with the City's sign regulations concerning "PUDs" as they relate to applicable sign districts.
2.
Application Process. The rezoning application and sketch plan for the planned unit development shall be processed according to the procedures established for a rezoning request.
3.
Review Criteria. In addition to the review criteria established for a rezoning request, the Planning and Zoning Commission and City Board shall consider the following additional criteria when reviewing a planned unit development:
a.
The "PUD" is consistent with the purposes and standards established in this Article;
b.
No land use in the "PUD," and no modification requested as part of a "PUD," is detrimental to any surrounding land use or any proposed land use within the plan area;
c.
Any request for modification of the zoning district standards meets the requirements of this Article and results in ongoing community benefits beyond what would be required in any single zoning district;
d.
The extent that the proposed mixture of uses is at a ratio of residential to non-residential use which allow the uses to mutually support each other;
e.
The purpose, location and amount of common open space in the planned unit development relative to the proposed density and type of residential development and the reliability of proposals for maintenance and conservation of common open space;
f.
The physical design of the plan and the extent that adequate provision for public facilities, services and traffic control; and
g.
In the case of a multi-phased plan, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the planned unit development and the integrity of the plan.
4.
Approved Action. If the Board of Aldermen approves an application, it shall adopt an ordinance establishing the rezoning and specifying that development of the property is subject to the terms of an approved final plan. No permit shall be issued concerning the subject property until the ordinance becomes effective and a final plan has been adopted.
5.
Duration Of Approval. Sketch plan approval shall be valid for one (1) year unless otherwise established at the time of approval. One (1) extension of time for a maximum of one (1) year may be granted by the Board of Aldermen.
6.
Revocation Of Approval. Sketch plan approval shall be revoked automatically at the time of expiration through no action by the City. Subsequent to sketch plan approval revocation, the City may initiate a rezoning action to rezone the property to an appropriate classification.
7.
Final Plan.
a.
Application. A final plan shall be adopted prior to expiration of a sketch plan an prior to any construction or permits being issued for the planned unit development. A final plan shall include:
(1)
All information required by the City Subdivision Regulations for final subdivision approval;
(2)
All information in the proposed sketch plan;
(3)
Final plans for all road grading, surfacing, signing and lighting and curbs and gutters;
(4)
Final location of all sidewalks, pedestrian, walks, trails and associated structures;
(5)
A final engineering plan for all sanitary sewers, water lines, fire hydrants and drainage structures and improvements;
(6)
Location and design of all open space improvements, facilities and landscaping;
(7)
Final location and size of all structures and parking areas;
(8)
Building elevations for all commercial and multi-family residential structures; and
(9)
A final written narrative of the plan establishing all architectural controls, covenants and restrictions on the future use of land within the plan. If a homeowners' association or similar organization is proposed by the applicant for the purposes of maintaining and administering the development's lands, streets and/or facilities, the applicant shall provide restrictive covenants. These documents shall be recorded at or prior to the recording of the final map.
(10)
A final sign plan in accordance with the City's Sign Regulations concerning "PUDs" as they relate to applicable sign districts.
b.
Submission And Determination Of Complete Application.
(1)
Final, plans shall be submitted to the Zoning Administrator for a determination of completeness. The Zoning Administrator shall make this determination within ten (10) business days of submission.
(2)
Applications will be considered complete when all items required for submissions by these regulations and the appropriate fee have been submitted to the Zoning Administrator.
(3)
Incomplete applications shall be returned to the applicant with a written explanation of deficiencies. The City shall take no further action on incomplete applications.
(4)
Complete applications shall be processed in accordance with this Section. The Zoning Administrator shall notify the applicant that the application was determined to be complete.
(5)
If the Zoning Administrator fails to act within ten (10) business days, the application shall be deemed complete and the applicant shall request the Zoning Administrator to issue a notice of completeness.
(6)
Modification of the application by the applicant without specific instruction to do so from the Zoning Administrator, the Planning and Zoning Commission or Board of Aldermen following a determination of completeness shall void the determination and trigger a new ten-day review period.
(7)
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of these regulations.
c.
Processing Of Application And Scheduled Review. Following the determination that a final plan is complete or is deemed complete, the Zoning Administrator shall prepare a report and forward the plan for review to the Planning and Zoning Commission. Upon receipt of the application and report, the Planning and Zoning Commission shall schedule review of the plan at its next regular meeting or at such other time as the applicant and Zoning Administration agree.
d.
Plan Commission Review And Criteria. The Planning Commission shall review the final plan at a public meeting and consider whether the final plan is in substantial compliance with the sketch plan based on the following criteria:
(1)
The final plan does not vary the proposed gross residential density by more than five percent (5%) and in no case may it be increased more than the maximum modification allowed by Subsection (O)(1) and (2);
(2)
The final plan does not increase the floor area or intensity proposed for non- residential use by more than five percent (5%) and in no case may it be increased more than the maximum modification allowed by Subsection (O)(1) and (2);
(3)
The final plan does not vary the proposed ratio of residential to non-residential use or the ratio of any different types of residential uses by more than five percent (5%).
(4)
The final plan does not involve a reduction of the area set aside for common open space or the substantial relocation of such area;
(5)
The final plan does not substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings;
(6)
Any staff recommendations.
e.
Planning and Zoning Commission Decision. The Planning and Zoning Commission may approve, deny or conditionally approve the application or take such other action as it deems appropriate.
f.
Approved Action. If the Planning and Zoning Commission approves an application, it shall adopt a resolution reflecting such action as its recommendation to the Board of Aldermen.
g.
Duration Of Approval. Final plan approval shall be valid for two (2) years, unless otherwise established at the time of approval. One (1) extension of time for a maximum of two (2) years may be granted by the Planning and Zoning Commission.
h.
Revocation. If no action has been taken in furtherance of development, the final plan approval shall be revoked automatically at the time of expiration through no action by the City. Subsequent to sketch plan approval revocation, the City may initiate a rezoning action to rezone the property to an appropriate classification.
i.
Amendments And Revisions.
(1)
The Zoning Administrator may approve minor revisions to a final plan approved as part of a "PUB." Minor revisions must be authorized in writing by the Zoning Administrator and limited to those that are necessary in light of technical considerations, due to natural features on the property discovered by the applicant or Zoning Administrator after the decision on the final plan. Minor revisions may include those that:
(a)
Will not have the effect of changing the non-residential floor area ratio or residential density from that of the approved final plan;
(b)
Will not result in any parking area, vehicle circulation, and pedestrian connections being moved significantly in any direction;
(c)
Will not have the effect of changing any dimensional standard such as setbacks, building height, and lot area by more than five percent (5%) from that of the approved final;
(d)
Will not result in any change in uses or change in the percent of land area used for any particular use;
(e)
Will not increase or create any new adverse impacts or undesirable affects on the surrounding neighborhood or any property within the plan.
(2)
Planning and Zoning Commission Revisions. If a revision exceeds requirements of a minor revision, but would still comply with the requirements specified in the ordinance authorizing the "PUD," the Planning and Zoning Commission may approve an amendment to the final plan in the same manner as the original authorization and by resolution.
(3)
If the applicant requests a revision that the Zoning Administrator determines is neither a minor revision nor a Planning and Zoning Commission revision, approval of the revision is required in accordance with the procedures established for the original approval and shall be considered an amendment to the ordinance approving the rezoning and resolution approving the final plan.
S.
Floor Area Ratio. Floor area ratio is the calculation regulating density that compares the square footage area of a parcel (its length times its width) against its actual living or business utilization space regardless of floor level or elevation, such that mechanical spaces, stair landing, patios, outside decks, and non-living or non-commercial (in that application) spaces are not counted against its floor area ratio. The floor area of the building shall be the gross horizontal areas of the several floors, excluding basements, cellars, areas within the building which are used for parking and covered swimming pools or recreational areas, measured from the exterior faces of the exterior walls of the building.
T.
The maximum floor area ratio (FAR) for residential areas of "PUD" zoned areas shall be as follows as they most closely approximate the following zoning:
1.
"R-1" shall be maximum six-tenths (0.6) FAR.
2.
"R-1A" shall be maximum seven-tenths (0.7) FAR.
3.
"R-2" shall be maximum of seven-tenths (0.7) FAR.
4.
"R-3" shall be maximum of two (2.0) FAR.
5.
"R-4" (if adopted) or high density residential, if no separate distinction is made from "R-3" medium residential, shall be a maximum three (3.0) FAR.
6.
Non-residential (hotel/convention center application) shall be a maximum three (3.0) FAR.
U.
Parking space requirements shall be the same for the zoned use such that the floor area ratio of commercial space shall be subject to the parking area requirements of its most equivalent zoning use and any residential component shall be required to have the parking area required by its zoned use.
V.
Homeowners' Association. The City of Lake Ozark does herein require that those areas with the "PUD" in which there is privately owned residential units be organized into a homeowners' association.
[1]
Editor's Note: This ordinance also repealed original R.O. 1994 § 405.210, "'C-O' Conditional Overlay District," derived from Ord. No. 94-8.
Section 405.220 through Section 405.240. (Reserved) [1] [2]
[1]
Editor's Note: Original R.O. 1994 § 405.220, "'PD' Planned Development District," § 405.230, "'T-H' Town House Subdivision Development," and § 405.240 "'LMU-1' Lakefront Mixed Use District," derived from Ord. Nos. 94-8, 2002-15 and 2003-12, were repealed 5-24-2011 by Ord. No. 2011-10. Former § 405.240 can now be found at Section 405.180.