The jurisdictional area is divided into ten zoning districts which are designated as follows:

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The boundaries of the zoning districts are shown on the official zoning district map of the city, which is filed in the office of the city clerk. Each of the zoning 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. Such map shall be marked, "Official Copy of Mountain Grove, Missouri, Zoning Map."

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations. In all planned districts, one additional foot of height above the specified height limitation shall be permitted for each foot of additional yard provided over the minimum requirement on all sides of the lot.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

The yard requirements previously established in all districts shall be adjusted in the following cases:

(1)

Where the property fronts on two intersecting streets (a corner lot), such lot shall maintain a front yard setback on both streets, except in the following cases:

a.

Where no lots within the same block front on one of the two intersecting streets, the side yard requirement along such street shall be 15 feet, subject to the provisions of subsection (1) above.

(2)

Double frontage lots shall maintain the required front yard setback along both frontages.

(b)

Where 50 percent or more of the frontage of on one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater than required then:

(1)

Where a building to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of adjacent buildings on the two sides, or;

(2)

Where a building to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

In other than an industrial district, no more than one principal use and structure may be located upon a lot or tract, excluding telecommunication towers.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

On a corner lot in any district, except C-4, development shall conform to the requirements of the sight triangle as defined by this regulation.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

No person shall construct any street or roadway in the city which street or roadway is or shall be dedicated to public use or in the event such street or roadway shall connect or intersect with any public street within the city, unless the street or roadway shall be constructed or improved in accordance with this chapter.

(b)

In addition to any requirements contained in other portions of this Code, all streets shall be constructed and improved in accordance with the following standards:

(1)

All such streets and roadways shall be constructed with a three-inch crown.

(2)

All streets shall be constructed with curb and guttering made of concrete and with a curb height of six inches.

(3)

The subsurface on all streets shall be six inches of compacted rock to 95 percent density with a suitable means of compaction to ensure such density of compaction.

(4)

The surface of such streets shall consist of bituminous concrete or asphalt. The bituminous concrete shall be plant mixed and the asphalt shall be plant-mixed and shall be placed in two courses. The bottom course shall have no more than three inches of asphalt per course.

(5)

All street specifications or any changes thereto shall be in accordance with the latest publication specifications of the American Public Works Association.

(6)

When the developer finds that extraordinary hardships may result from strict compliance with this chapter, he may request the board of aldermen to modify these regulations so that substantial justice may be done and the public interest secured; provided that such modifications will not have the effect of nullifying the purpose of this chapter.

(Code 1989, §§ 13.1-41, 13.1-42; Ord. No. 99-2, §§ 1, 2, 2-16-1999; Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

No land located in a residential district shall be used for a driveway, walkway or access to any land which is located in any commercial or industrial district.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:

(a)

Projections shall be defined as any structural or non-structural portion or appendage attached to the main structure which by design protrudes outward beyond the structure floor; wall, roof or foundation line. Projections include, but are not limited to:

(1)

Roof eaves

(2)

Cornices

(3)

Porches

(4)

Stairs

(5)

Bay and egress windows

(6)

Dormers

(7)

Combustible or noncombustible ornamentation

(8)

Soffits

(9)

Balconies.

(b)

Exception for canopies and awnings. A canopy or awning may be permitted to overhang a public way in any business zoning or industrial zoning district providing:

(1)

No portion of the canopy or awning shall be less than eight feet above the level of the sidewalk or other public way.

(2)

The canopy or awning may extend the full width of the building facade to which it is attached, and further, it shall not extend beyond a point two feet inside the curb line of a public street.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

New residential structures shall utilize exterior building materials typical in the community including but not limited to brick, wood and vinyl siding.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:

(a)

No fence shall be constructed without a permit.

(b)

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals, or which will constitute a traffic hazard.

(c)

No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or which shall adversely affect the public health, safety and welfare.

(d)

No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than four feet in the front yard (three feet for solid fences), or greater than six feet elsewhere; provided, however, that the planning and zoning commission may, as a conditional use, authorize the construction of a fence up to eight feet in height if the planning and zoning commission finds the public welfare is served. Fences within the front yard shall be transparent by no more than 25 percent opacity.

(e)

Fences shall be constructed of the following materials and methods:

(1)

Rear yard fences: All fences shall be installed according to the manufacturer's standards wood, brick, chain link and other approved fencing material designed for use in residential neighborhoods; posts may be metal. Board widths shall be no greater than 12 inches for solid, staggered or basket weave fences. Solid panels of plywood, wafer board or similar construction material may be used for temporary fences around construction sites for public safety. No fence shall be constructed upon or over the public right-of-way or an alley way.

(2)

Fences constructed over an easement must provide access for utility repair, monitoring or maintenance. In the event that adequate access is not provided pursuant to this subsection, the fence will be removed by the city to the extent necessary to provide adequate access and the property owner will be responsible for replacement of fencing.

(3)

Decorative fences in front yards: Wood, woven wire, chain link, wrought iron, square tubing or metal tubing. A decorative fence must be of open construction, no more than 25 percent opacity. Plywood, wafer board or similar construction material and used construction or commercial objects, such as storage pallets, shall not be allowed.

(4)

All framework of a fence bust be on the private (inside) portion of the property and all posts of a wire fence must be inside of the fabric, all posts, must be set to a minimum depth below the frost line, as required by the city.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020; Ord. No. 2023-2, § 1, 4-11-2023; Ord. No. 2023-9, § 1, 7-11-2023)

(a)

Intent. It is the intent of this district to protect agricultural uses through control of density, land use and land coverage.

(b)

Permitted uses. Unless originally zoned otherwise all A-1 zoned areas shall be made by a special exception only.

(c)

Conditional use permits. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations.

(1)

Minimum lot area: Five acres. A residence shall be permitted on an agricultural tract for those owning or operating the premises or for those employed thereon; however, there is 9,000 square feet or more for each residence.

(2)

Minimum lot width: The minimum lot width for residential uses shall be 100 feet.

(e)

Height regulations. Maximum structure height: 24 feet.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 50 feet.

(2)

Side yard: Ten percent of the lot width, except that such side yard shall not be less than 25 feet and need not be more than 50 feet.

(3)

Rear yard: 20 feet.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. The intent of this district is to provide for low-density residential development, including those uses which reinforce residential neighborhoods, and to allow certain public facilities.

(b)

Permitted uses. Generally, single-family dwellings, parks, and related accessory uses are permitted. Educational and religious uses are permitted as conditional uses. For a general listing of permitted and conditionally permitted uses, see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations. Except as modified by the provisions of article VI:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 100 feet; corner lots shall not be less than 85 feet.

(3)

Lot coverage: The combined area of the main building and accessory buildings shall not cover more than 30 percent of the total area of the lot.

(e)

Height regulations. Maximum structure height: 24 feet.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 30 feet.

(2)

Side yard: Seven feet; structures on corner lots shall provide a side yard on the street side of not less than 15 feet, or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.

(3)

Rear yard: 20 feet, ten feet for outbuildings.

(g)

Parking regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Sign regulations. See article IX, Sign Regulations.

(i)

Minimum floor area. Single-family residential units shall have a minimum of 950 square feet of private, habitable floor area, unless otherwise approved by special exception, by the planning commission.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. The intent of this district is to provide for low to moderate density residential development, including two-family and higher density single-family dwellings, in a manner which will encourage a strong residential neighborhood.

(b)

Permitted uses. Generally, two-family dwellings, single-family dwellings, parks, educational and religious uses are permitted. Educational and religious uses are permitted as conditional uses. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations. Except as modified by the provisions of article VI:

(1)

Minimum lot area: 10,000 square feet for all dwellings.

(2)

Minimum lot width: 100 feet.

(e)

Height regulations. Maximum structure height: 24 feet.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 30 feet.

(2)

Side yard: Seven feet; structures on corner lots shall provide a side yard on the street side of not less than 15 feet, or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.

(3)

Rear yard: 20 feet, 10 feet for outbuildings.

(g)

Parking regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Sign regulations. See article IX, Sign Regulations.

(i)

Minimum floor area. Single-family and two-family residential units shall have a minimum of 1,000 square feet of private, habitable floor area, per family.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent and purpose of district. The R-3 multifamily dwelling district is intended to allow high-density residential land use with the co-mingling of compatible single-family and two-family dwellings, apartments, home occupations, community facilities and certain uses, yet retain the basic residential quality.

(b)

Permitted uses. Single-, two-, and multifamily dwellings, nursing homes and boarding houses are permitted. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations. Except as modified by the provisions of article VI, all dwellings erected, enlarged, relocated, or reconstructed shall be located upon lots containing the following areas:

(1)

Minimum lot area:

a.

A lot on which there is erected a single-family dwelling shall contain an area of not less than 10,000 square feet.

b.

A lot on which there is erected a two-family dwelling shall contain an area of not less than 5,000 square feet per family.

c.

A lot on which there is erected a multifamily dwelling shall contain an area of not less than 10,000 square feet, or 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 planning commission may increase the intensity of use for multifamily dwellings by one residential unit, if the following conditions can be met:

1.

There is sufficient land area on the site to meet all other requirements, including parking and setbacks;

2.

The additional unit permits a more economical design (e.g., an eight-plex rather than a seven-plex); and

d.

Where a single lot of record, as defined in the definitions section of this regulation, 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.

(2)

Minimum lot width:

a.

No lot on which a single-family dwelling is located shall be less than 100 feet in width; corner lots shall be not less than 75 feet in width.

b.

No lot on which a two-family dwelling is located shall be less than 60 feet in width; corner lots shall be not less than 80 feet in width.

c.

No lot on which a multifamily dwelling is located shall be less than 100 feet in width; corner lots shall be not less than 80 feet in width.

(3)

Lot coverage: The combined area of the main building and accessory buildings of multifamily uses shall not cover more than 40 percent of the lot area.

(e)

Height requirements. Except as modified by the provisions of article VI:

(1)

The maximum height of single-family dwellings shall be the same as specified in the R-1 district.

(2)

The maximum height of two-family dwellings shall be the same as specified in the R-2 district.

(3)

The maximum height for multifamily dwellings and nonresidential uses shall be 24 feet. The planning and zoning commission, after receiving the recommendation of the city fire chief, may allow the height of a multifamily dwelling to exceed 24 feet. In no instance, however, shall the height of any multifamily dwelling exceed 36 feet.

(f)

Yard requirements. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 30 feet.

(2)

Side yard: Seven feet; structures on corner lots shall provide a side yard on the street side of not less than 15 feet, or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.

(3)

Rear yard: 20 feet, ten feet for outbuildings.

(g)

Loading and unloading regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Parking regulations. Off-street parking is not required in this district for existing residential structures that conform with use and area regulations. Any new structures and any structure converted to multifamily residences shall comply with the requirements of article VII, Off-Street Parking and Loading Regulations.

(i)

Sign regulations. See article IX, Sign Regulations.

(j)

Use limitations.

(1)

Multifamily dwelling developments shall be subject to the requirements and procedures of article XII, Site Plan Review.

(2)

Minimum floor area: Multifamily residential units shall have a minimum of 600 square feet of private, habitable floor area per family, with the exception that not more than ten percent of the overall number of dwelling units can have a minimum of 400 square feet, provided there are common activity areas, such as laundry areas, etc., and 865 square feet per family provided there are no common activity areas.

(3)

Multifamily dwelling units of more than 24 feet in height must be approved by special exception by the planning commission.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. It is the intent of this district to provide low to 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 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. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations.

(1)

Minimum park area: Ten acres.

(2)

Minimum Lot Width: 300 feet; with a minimum of 100 feet of road frontage.

(e)

Height regulations. Maximum structure height: 15 feet.

(f)

General regulations.

(1)

Minimum design standards. Each manufactured home park shall be designed in accordance with all city codes and to the following minimum design standards:

a.

The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water;

b.

Manufactured home parks approved shall have a maximum density of eight manufactured homes per gross acre, and a minimum area of 4,000 square feet shall be provided for each manufactured home space.

c.

Each manufactured home space shall be at least 40 feet wide and be clearly defined.

d.

All manufactured homes and additions thereto shall be so located to maintain a clearance of not less than 25 feet from another manufactured home and edge of the park; provided, however, that with respect to manufactured homes parked end-to-end, the end-to-end clearance shall not be less than 15 feet. In addition, all manufactured homes and additions thereto shall be so located to maintain a clearance of 30 feet from any permanent structure within the park.

e.

All manufactured home spaces shall front upon a private hard-surfaced roadway of not less than 26 feet in width, provided, however, that no on-street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to 30 feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to 40 feet. All roadways shall have unobstructed access to a public street.

f.

Off-street parking areas shall be provided in all manufactured home parks. Such off-street parking areas shall provide sufficient parking spaces for a minimum of two cars per manufactured home within the manufactured home park. Off-street parking areas may be provided on individual manufactured home spaces however, the off-street parking area is improved as required in article VII, and the off-street parking area surface is not less than ten feet from the nearest adjacent manufactured home space.

g.

All roadways and sidewalks within the manufactured home park shall be hard surfaced and shall be adequately lighted at night.

h.

A community structure may be provided which may include recreation facilities, laundry facilities, and other similar uses.

i.

The perimeter of all manufactured homes shall be fully skirted.

j.

Sidewalks shall be required on one side of all streets.

k.

Landscaping shall be shown on the development plan. The perimeter of each manufactured home space shall be surrounded by a landscaped strip of open space 25 feet wide along all lot lines and streets or highways.

l.

All roadways shall meet the design standards as adopted by the city for private streets in manufactured home parks.

m.

Final approval for the park shall be obtained before moving a manufactured home into an R-4 district.

(2)

Water supply.

a.

Water shall be supplied to the park by a public water system.

b.

The size, location and installation of water lines shall be in accordance with the requirements of the building codes of the city.

c.

Individual water service connections shall be provided at each manufactured home space.

(3)

Required recreation areas.

a.

In all manufactured home parks accommodating or designed to accommodate 25 or more manufactured homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.

b.

The size of such recreation areas shall be based upon a minimum of 200 square feet for each lot within the manufactured home park. No outdoor recreation area shall contain less than 5,000 square feet.

c.

Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

d.

The required recreational areas within the manufactured home park shall contain playground equipment or other recreational facilities as approved by the planning and zoning commission. The cost of purchasing and installing the recreational equipment shall be paid for by the developer of the manufactured home park.

e.

The maintenance of recreation areas and equipment within each manufactured home park shall be paid for by the owner of the manufactured home park.

(4)

Sewage disposal. Each manufactured home park shall be connected to the city central sanitary sewer system. Each manufactured home space within a manufactured home park shall be connected to and served by the central sanitary sewer system serving the manufactured home park.

(5)

Tie-downs and ground anchors. All manufactured homes shall be secured to the ground by tie-downs and ground anchors in accordance with the IBC manufactured home and recreational vehicle regulations.

(6)

Electrical. Each manufactured home space shall be provided with an individual electrical outlet supply which shall be installed in accordance with the building codes of the city and requirements of the electric supplier.

(7)

Gas. Natural gas hookups, when provided, shall be installed in accordance with the Building Codes of the city and the regulations of the gas supplier.

(8)

Refuse and garbage handling. Storage, collection and disposal of refuse in a park shall be in accordance with City Code.

(9)

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 IBC manufactured home and recreational vehicle regulations and in accordance with the manufacturer's guidelines.

(10)

Pad requirements. Shall be constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; shall be of a hard surface of a minimum of two 18-inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the manufactured home.

(11)

A solid or semi-solid fence with opacity of at least 20 percent or wall, minimum of six feet, maximum eight feet, shall be provided between the mobile home park district and any adjoining property or property immediately across the alley which is zoned for residential purposes other than for manufactured homes.

(12)

Each manufactured home space shall be provided with a paved patio or equivalent, other than parking space, of not less than 200 square feet and a storage locker of not less than 120 cubic feet. The lockers shall be designed in a manner that will enhance the park and shall be constructed of weather resistant materials. No open storage of any unsightly material shall be permitted within the manufactured home park and the space beneath the manufactured home shall be considered as open storage.

(g)

Application requirements.

(1)

An applicant for R-4 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 1"=100', and three copies of the plan shall be submitted to the planning and zoning commission for its review and recommendations. The plan shall be designed in accordance with the minimum design standards herein and shall include the following:

a.

Contours shown at two feet intervals.

b.

Elevation drawings of all permanent buildings proposed.

c.

Strom water drainage plan with Missouri Engineer stamp.

(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 city council 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 this chapter. Changes in plans shall be resubmitted for reconsideration and approval by the planning and zoning commission and city council prior to the occupancy of the manufactured home park.

(4)

Construction of an approved manufactured home park shall begin only after final approval has been granted by the city council.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. The C-1 highway business district is intended to allow basic retail, service and office uses in addition to those normally permitted in neighborhood centers. This district is also intended to provide locations for commercial activity that do not require a central location downtown. Business uses needing large floor areas, particularly those of a service nature, not compatible with central business district uses, are included in this district.

(b)

Permitted uses. Generally, automobile and implement sales, lumber yards, contractor's yards, offices, neighborhood retailing and similar uses are permitted. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations.

(1)

Minimum lot area: 10,000 feet.

(2)

Minimum lot width: 100 feet.

(3)

Lot coverage: Maximum of 50 percent.

(e)

Height regulations. Maximum height of structure: 35 feet.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 50 feet.

(2)

Side yard: Ten feet when abutting a residential district, otherwise none.

(3)

Rear yard: 20 feet when abutting a residential district, otherwise none.

(4)

Corner Lot: 25 feet.

(g)

Loading and unloading regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Parking regulations. See article VII, Off-Street Parking and Loading Regulations.

(i)

Sign regulations. See article IX, Sign Regulations.

(j)

Use limitations.

(1)

Exterior storage: Except as otherwise permitted by this chapter or during permitted construction on any tract, all exterior storage of equipment, raw materials or finished products shall be fully screened from the view of adjacent parcels and streets by a solid screen fence at least six feet in height.

Screening and enclosure required for permitted outdoor storage shall be by means of a fence, wall or berm, in combination with landscaping, designed to create a minimum of 80 percent opacity. Crates, boxes, trailers or other temporary storage facilities shall not be considered appropriate screening materials. Outdoor storage shall not interfere with the required or approved operation of the site, including but not limited to traffic circulation, parking, open space or aesthetics.

The permitted display of merchandise for sale to the public shall be restricted to a maximum of 25 percent of the area of either the front, side or rear yard exclusive of any area of required setback. No merchandise for sale shall be displayed in any required set back, or interfere with pedestrian or vehicular access or parking.

(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)

A solid or semi-solid fence, hedge or wall at least six feet, but not more than eight feet high, and having a density of not less than 80 percent per square foot, shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the commercial development are separated by a street or alley right-of-way. The fence or wall shall be maintained in good condition by the owner or owners of the property in the C-1 district.

(4)

Any tavern, restaurant, club, business or similar use serving alcoholic or cereal malt beverages shall not be located within 100 feet of property used as a public park, church or school unless the city council consents in writing to a lesser distance pursuant to this Code.

(5)

No new residential structure shall be constructed in the C-1 highway business district; Existing residential structures may be altered, remodeled or improved subject to the restrictions and regulations, which would be applicable to the residences located in the R-2 district.

(k)

Site plan review. Development in the C-1 district shall be subject to the requirements and procedures in article XII, Site Plan Review.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. The intent of this district is to provide commercial locations for small areas of convenience shopping facilities in and near residential neighborhoods. These will accommodate the broad range of retail shopping activities and service and office uses that are normally found in the core area of the city. The grouping is intended to strengthen the business level of the central business activity.

(b)

Permitted uses. Generally, commercial retail and services, offices, and similar uses are permitted. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations. Lots shall conform with the pattern of development in the immediate environs of the district and the following minimum standards:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Lot coverage: Maximum of 50 percent.

(e)

Height regulations. Maximum structure height: 50 feet.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: The front yard setback shall be the average front yard setback distance of existing buildings within the same block, or 50 feet.

(2)

Side yard: 30 feet when adjacent to a residential district, otherwise none.

(3)

Rear yard: 25 feet.

(g)

Loading and unloading regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Parking regulations. No off-street parking or loading space shall be required.

(i)

Sign regulations. See article IX, Sign Regulations.

(j)

Use limitations.

(1)

No outdoor storage, except the display of merchandise for sale to the public during operating hours, shall be permitted.

(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)

No off-street parking is required; however, if off-street parking is provided, the off-street parking area shall not be located in front of the building which is served by the off-street parking area.

(4)

No business establishment shall offer or sell food or beverages where consumption is primarily intended to occur in parked motor vehicles.

(5)

A solid or semi-solid fence, hedge or wall at least six feet, but not more than eight feet high, and having a density of not less than 80 percent per square foot, shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the commercial development are separated by a street or alley right-of-way. The fence or wall shall be maintained in good condition by the owner or owners of the property in the B-2 district.

(6)

Any tavern, restaurant, club, business or similar use serving alcoholic or cereal malt beverages shall not be located within 300 feet of property used as a public park, church or school unless the city council consents in writing to a lesser distance pursuant to section 8-120 of this Code.

(7)

No structure shall be used for residential purposes except by the owner or operator of motels.

(k)

Site plan review. Development in the B-2 district shall be subject to the requirements and procedures in article XII, Site Plan Review. Implement the downtown development guidelines of the comprehensive plan.

(Code 1987, app. A, § 21; Ord. No. 7365, § 1 (part), 2-5-01; Ord. No. 8481, § 1, 6-21-2010; Ord. No. 8567, § 1, 3-21-2011; Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. The intent of this district is to permit a mix of office and light industrial uses that are not obnoxious due to appearance, noise, emissions, or odor, and do not generate large volumes of vehicular traffic, as well as limited retail commercial uses that support or complement the office and light industrial activities. Uses within this district shall not require intensive land coverage and shall be compatibly developed with adjacent districts through site plan review.

(b)

Permitted uses. Generally, light manufacturing, wholesaling, trucking and warehousing uses, as well as office uses are permitted. In addition, limited retail and service uses are permitted. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations.

(1)

Minimum lot area: Subject to site plan review.

(2)

Minimum lot width: Subject to site plan review.

(3)

Lot coverage: Area occupied by building shall not exceed 40 percent of the ground area on which the building is located.

(e)

Height regulations. Maximum height of structure: 50 feet if within 150 feet of a residential zone; 75 feet if more than 150 feet from residential zone.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 25 feet.

(2)

Side yard: 20 feet and no less than 40 feet when abutting a street or residential district.

(3)

Rear yard: 25 feet or 20 percent of depth, whichever is smaller, unless the rear yard abuts a residential zoning district in which case the minimum rear yard setback shall not be less than 40 feet.

(g)

Loading and unloading regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Parking regulations. See article VII, Off-Street Parking and Loading Regulations.

(i)

Sign regulations. See article IX, Sign Regulations.

(j)

Use limitations.

(1)

The development of each B-1 district shall create a campus-like environment and shall incorporate unified design standards for the entire development which meet the intent of the comprehensive plan and which shall be approved by the planning and zoning commission at time of rezoning.

(2)

For single-lot developments, a site plan must be submitted that indicates how the development accommodates and relates to a larger development.

(3)

All storage of materials, products or equipment, except those related to or used for agricultural research, testing 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 1,000 feet of the property line. Where topographic conditions make effective screening impractical, the planning and zoning commission may make variances as they deem advisable.

(4)

A solid or semi-solid fence or wall at least six feet, but not more than eight feet, high and having a density of not less than 80 percent 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. The fence or wall shall be maintained in good condition by the owner or owners of the property in the B-1 district.

(5)

No structure shall be used for residential purposes except that a watchman may reside on the premises.

(6)

All operations shall be conducted within a fully enclosed building.

(7)

Industrial wastes shall be of such a quantity and nature as to not overburden the public sewage disposal facilities as to cause odor and unsanitary effects beyond the property line.

(8)

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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Intent. The I-1 industrial district is intended for the purpose of allowing a range of industrial uses from low-intensity to basic to primary industries which is generally compatible with office or commercial activity or can be made compatible with adequate site amenities, such as buffers and screens. Certain intense uses will require conditional use permits to locate in this district.

(b)

Permitted uses. Generally, assembly, warehousing, light manufacturing, wholesaling, support trucking and related uses, with limited retail and service uses permitted, as well as heavy industrial uses as approved by the city. For a general listing of permitted and conditionally permitted uses see article V of this chapter. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in article V.

(c)

Conditional uses. For a specific listing of conditional uses, see article V.

(d)

Intensity of use regulations.

(1)

Minimum lot area: Subject to site plan review.

(2)

Minimum lot width: Subject to site plan review.

(3)

Lot coverage: Area occupied by building shall not exceed 40 percent of the ground area on which the building is located.

(e)

Height regulations. Maximum height of structure: 45 feet if within 150 feet of residential district; 150 feet if more than 150 feet from a residential district.

(f)

Yard regulations. Except as modified by the provisions of article VI, minimum yard depths shall be as follows:

(1)

Front yard: 25 feet.

(2)

Side yard: Ten feet and no less than 40 feet when abutting a street or residential district.

(3)

Rear yard: 25 feet or 20 percent of depth, whichever is smaller, unless the rear yard abuts a residential zoning district in which case the minimum rear yard setback shall not be less than 40 feet.

(g)

Loading and unloading regulations. See article VII, Off-Street Parking and Loading Regulations.

(h)

Parking regulations. See article VII, Off-Street Parking and Loading Regulations.

(i)

Sign regulations. See article IX, Sign Regulations.

(j)

Use limitations.

(1)

All storage of materials, products or equipment, except those related to or used for agricultural research, testing 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 1,000 feet of the property line. Where topographic conditions make effective screening impractical, the commission may make variances as they deem advisable.

(2)

A solid or semi-solid fence or wall at least six feet, but not more than eight feet high, and having a density of not less than 80 percent 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. The fence or wall shall be maintained in good condition by the owner or owners of the property in the I-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 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 asphaltic concrete such as gravel or stone. They shall be designed to permit surface drainage without erosion of adjacent land.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Purpose. The purpose of this district is to provide for elements of flexibility in design, placement, arrangement, bulk and other considerations involved in planned districts; to provide a framework within which the structures and uses in the planned district may be interrelated with adjacent development and areas; and to maintain the desired overall intensity of land use, desired population densities, and desired areas of open space. The use of planned zoning procedures is intended to encourage large-scale developments, efficient development of small tracts, innovative and imaginative site planning, and conservation of resources.

(b)

Use of the PD district. With the exception of standard single-family and two-family residential subdivisions, zoning proposals which are intended to be subdivided into multiple lots should seek the PD zoning district classification. Planned developments are groupings of structures or sites that are planned as an integrated unit or cluster on property under unified control at the time of zoning. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with the development standards and other conditions that were committed to at the time of the rezoning. The planned development district must always be used in conjunction with one of the other zoning districts, known as the "underlying district." The requirements of the PD district shall be in addition to the requirements of the underlying district, except that the PD district may modify some of the regulations of the underlying district in specific situations. A PD district may be used in conjunction with any of the other zoning districts or with any combination of districts.

An application for rezoning to the PD district shall include a preliminary development plan and may include a concurrent request to change the underlying zoning classification. If the rezoning is approved, the new district shall include the designation of the underlying district followed by "PD". For example, a planned development district of an R-1 district shall be known as R-1-PD.

Approval of the rezoning based on the preliminary development plan shall allow the applicant to submit a final development plan for approval. No structure or occupancy permit shall be issued until a final development plan has been approved. The use of the PD district shall be separate from the subdivision regulations of the city, and the development plans required by the PD district shall not be construed as plats. It is recommended that the subdivision process follow the rezoning/preliminary plan approval, but precede the approval of the final development plan. Resubdivision may be a prerequisite to approval of the final development plan.

(c)

Use regulations. Any use permitted in the underlying zone may be permitted. The uses permitted may be voluntarily restricted by the applicant, or restricted as a condition of approval by the planning and zoning commission.

(d)

Height regulations. The height regulations provided for the underlying zoning district shall be required, however, the allowed height may be increased by one floor or 15 feet upon a showing that the proposed structure is consistent in scale and bulk to the character of the community, and the increase in density as a result of the increase in height does not create an adverse effect on the value or utility of adjacent property.

(e)

Yard regulations. The yard regulations provided for the underlying zoning district shall be required, however, the yard regulations may be reduced upon a showing of sufficient open space accessible to occupants; a separation between structures for fire-fighting purposes; and that there is consistency with the visual character of the community.

(f)

Use regulations.

(1)

The proposed development shall provide access to the major street system in such a way that the traffic generated by the development will not cause an unreasonably hazardous condition nor inconvenience in the area.

(2)

Structures and traffic shall be arranged so that all principal structures are accessible to emergency vehicles.

(3)

Parking shall be provided in a manner that reduces to a minimum its adverse physical impact in the area. Screening parking areas with landscaping or walls, breaking parking areas into smaller units by introducing landscaped areas or other physical separators are suggested approaches. The parking areas should be appropriately spaced to serve those units they represent.

(4)

The availability of services and location of public utilities shall have the approval of each agency involved. Evidence to this effect shall be presented with the preliminary development plans.

(5)

Approval of the final development plan may be conditioned by the planning and zoning commission or city council to minimize any negative impact on the community.

(g)

Application for rezoning. A petition to change to a PD planned district shall be filed with the city, along with the filing fee as set forth by separate ordinance. A preliminary development plan shall be attached and shall include the elements set forth in this chapter. The process for approval shall be the same as for any rezoning as provided by this chapter.

(h)

Approval procedure. The approval by the city council of the preliminary development plan and the concurrent rezoning to the PD district shall be preceded by the publication and mailing of notice, a public hearing, and a recommendation by the planning and zoning commission. If the city council disagrees with the recommendation, the application shall be returned to the planning and zoning commission for reconsideration. Approval of the preliminary development plan shall be valid for two years from the date of its approval. The filing and approval of a final development plan for any phase of the area contained in the preliminary plan shall extend the period of validity an additional two years. Once approved, the zoning classification can only be changed through rezoning and cannot be changed by expiration of the preliminary development plan.

(i)

Preliminary development plan. The preliminary development plan shall be prepared at a scale dimension of not more than one inch equals 100 feet, and shall include:

(1)

Boundaries of the project with dimensions to scale;

(2)

Contour intervals of two feet;

(3)

Proposed size, height, location and arrangement of structures, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing or proposed streets;

(4)

Preliminary drainage plan in sufficient detail to show direction of flow, storm water detention facilities, if needed, and major drainage structures;

(5)

General landscape plan to include location and height of all walls, fences, signs and screen plantings;

(6)

Note provision for dedication of new or additional rights-of-way, if needed; such to be dedicated to the city prior to approval of a final development plan;

(7)

Phases of final development;

(8)

Name and address of owner, applicant and engineering firm which prepared the plan;

(9)

Seal of engineering firm licensed in the State of Missouri developing the plan, scale, north point and date of plan;

(10)

A description of any limitations to be placed on the range of permitted uses, the hours of operation, the structure materials to be used or other similar factors; and

(11)

Ten copies shall be submitted.

(j)

Final development plan. The final development plan shall be prepared in the same manner and include the same type of information as the preliminary development plan (updated to show final sizes, dimensions and arrangement) with the following additions:

(1)

Contour lines shall show finished grading only;

(2)

The landscaping plan shall show the size and type of each tree, shrub and ground cover; and

(3)

Drawings showing the size, appearance and method of illumination for each sign.

The final development plan shall substantially conform to the approved preliminary plan, shall be in final form for the issuance of a building permit, shall have been previously reviewed by the appropriate city staff, and shall include a construction schedule. A final approval by the city council shall authorize construction to begin according to the construction schedule providing all appropriate permits have been received. Construction of at least the first stage of development shall begin within three years from the date the ordinance of the zoning change was published in the newspaper. If construction does not begin within this period and no effort is made for an extension of time by the owner, the final development plan shall be voided.

(k)

Building permits. On final approval by the city council, the owner shall provide five copies of the approved final development plan to the city. The zoning administrator or his designee shall issue building permits only in accordance with the approved final development plan.

(l)

Amendments. If any substantial variation or rearrangement of structures, parking area and drives, entrances, heights or open spaces is requested by the applicant, the applicant shall proceed by following the same procedure previously followed and outlined in the preliminary development plan.

(m)

Open space. The planning and zoning commission may require the provision of open space to buffer dissimilar uses; to protect environmentally sensitive areas; or to counterbalance any reduction in lot area, yard size or bulk limitations.

(1)

Open space requirements: If the planning and zoning commission requires open space, the city and the applicant shall enter into an agreement providing for the establishment of an agency to maintain the open space. Such agreement shall include provision for default, cure by the city, and enforcement.

(2)

Disposition of open space: The agency established in the preceding section shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the city.

The development plan process shall be required prior to any rezoning or issuance of a building permit for other than a single-family dwelling.

(n)

Time limit. A site plan approval for a PD district shall expire, subject to a public hearing, unless a building permit is taken within 12 months after the approved date for commencement to effectuate such site plan.

(Code 1987, app. A, § 24; Ord. No. 7365, § 1 (part), 2-5-01; Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

The intent of this section is to set limits on the quantity and set limits on the type of farm animals that may be allowed within the city limits of Mountain Grove on five acres or more.

(b)

The zoning administrator shall have authority to issue permits for qualifying properties as set by this chapter.

(c)

No foul odors or smells shall emit from the property to where it is a nuisance to the neighbors.

(d)

No animals shall be kept closer than 100 feet from any neighboring dwelling,

(e)

No person shall keep domestic fowl in any pen having less than 144 square feet or 12 square feet per chicken whichever is the larger.

(Ord. No. 2022-8, 9-13-2022)

(a)

A non-refundable application fee of $125.00 shall be paid at the time of application.

(b)

If application is approved there shall be a $25.00 renewal fee to be paid on July 1, of each year following.

(c)

Permits shall not be transferrable.

(d)

Permit fees and fees for 4-H and FFA students shall be waived.

(e)

There shall be no limit on the amount of permits for 4-H, and FAA students.

(f)

All permits shall be renewed annually.

(g)

All approved permitted pieces of land shall be inspected on a regular basis by the Mountain Grove Animal Control Officer or his/her designee.

(Ord. No. 2022-8, 9-13-2022)

Animals allowed on five acre tract of land or larger shall consist of:

(a)

Up to five farm animals per five acres that are not confined.

(b)

Up to 15 or combination of; domestic fowl or rabbits, if confined.

(Ord. No. 2022-8, 9-13-2022)

(a)

No large breeding male animals shall be allowed;

(b)

Any type of pig;

(c)

Wild and exotic animals;

(d)

Roosters;

(e)

Large male animals;

(f)

Rabbits and fowl shall be penned and all large animals shall be fenced in.

(Ord. No. 2022-8, 9-13-2022)

(a)

Those found in violation of this chapter shall be subject to a fine of not more than $500.00.

(b)

Livestock and chicken owners may be cited for noisy animals, animals running at large, and for animals living in unsanitary/unhealthy conditions.

(c)

If a complaint for noise, running at large, or unsanitary/unhealthy conditions is lodged against a property three times or more in a calendar year, and the owner is found guilty of said offense(s), the property owner shall relinquish his/her rights to have livestock and other animals on his/her property.

(Ord. No. 2022-8, 9-13-2022)