Ozark City Zoning Code
ARTICLE II
Use Regulations by Zoning District
Section 405.200 Establishment of Districts.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-003 §1, 2-1-2010; Ord. No. 16-016 §1, 4-18-2016; Ord. No. 23-028, 4-3-2023]
A.
For the purposes of this Title, the City of Ozark is divided into the following districts:
1.
"A-1" General Agricultural District. Primarily undeveloped land usually found on the periphery of the City. Such lands are usually restricted to agriculture and limited residential use and constitute the prime areas for urban growth and expansion.
2.
Retired. ["R-1A" Single-Family Estate District. Restricted residential areas with large lot size requirements. Such districts create a graceful transition between standard residential areas and rural farmlands.]
3.
Retired. ["R-1B" Single-Family District. Low density residential district with related recreational, religious and educational facilities being provided.]
4.
Retired. ["R-1C" Single-Family District. Districts similar to "R-1B" Districts but usually permitting higher density. Such areas are usually close to the central business districts.]
5.
Retired. ["R-1D" Single-Family District. High density single-family detached residential uses similar to "R-1C" but permitting higher density in subdivisions required to use coving.]
6.
"R-SF1" Single-Family District. A developed property which serves the primary purpose of providing a permanent dwelling unit to a single family.
7.
"R-SF2" Single-Family District. A developed property which serves the primary purpose of providing a permanent dwelling unit to a single family that provides flexibility in standards and promoting a high-quality development.
8.
"R-1P" Two-Family District. Residential districts consisting of two (2) unit residential structures sharing common wall and lot line.
9.
"R-2" Two-Family District. Residential districts with slightly higher population densities. Such districts create a smooth transition between single-family and multi-family areas.
10.
"R-3" Medium Density Multi-Family District. Medium density residential areas served by common facilities and open space. Such districts shall allow the construction of four (4) or less buildings.
11.
"R-4" High Density Multi-Family District. High density residential areas served by common facilities and open space. Such district shall allow the construction of five (5) or more buildings.
12.
"C-2" General Commercial District. Automobile oriented commercial districts providing a wide variety of business services and retail outlets. Such districts usually generate a lot of traffic and require strict parking, paving width and building setback provisions.
13.
"C-4" Central Business District. The commercial district usually composing the City center. Such a district should offer a wide range of service and outlets and should be pedestrian oriented.
14.
"I-1" Industrial District. An industrial district intended primarily for manufacturing, assembling, fabrication or warehousing, wholesale and service uses. This area may require access to rail and street transportation. Buildings should be architecturally attractive and surrounded by landscaped yards.
15.
Retired. ["M" Mobile Home District. An area intended for the orderly, planned development of mobile homes and related facilities.]
16.
"O-W" Office Warehousing District. Areas to provide for mixed use structures, warehousing, including wholesaling, retailing, assembly of pre-manufactured materials and basic office uses (excluding manufacturing).
17.
"PUD" Planned Unit Development. The Planned Unit Development ("PUD") regulations of this Section are intended to encourage innovative land planning and site design concepts that achieve a high level of environmental sensitivity, energy efficiency, aesthetics, high-quality development and other community goals.
18.
Overlay Districts. Certain areas that may be designated, from time, to time, on the official Zoning Map of Ozark, Missouri, that superimposes additional architectural, landscaping, design, building, use and site development regulations upon an underlying zoning district.
Section 405.205 Zoning District "A-1" General Agricultural District.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 18-059, 11-5-2018; Ord. No. 14-016 §1, 4-21-2014[1]; Ord. No. 19-061, 8-5-2019; Ord. No. 23-010, 1-17-2023; Ord. No. 23-028, 4-3-2023]
A.
Use Regulations. All buildings and land within an "A-1" Zoning District shall be limited to the following uses:
1.
Single-family dwellings.
2.
All agricultural pursuits, including buildings associated thereto.
3.
Agricultural uses, to include, but not be limited to, field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, greenhouses, orchards, aviaries and apiaries, raising of fowl, grazing and raising of livestock, provided that all feeding, breeding or milking operations are contained in enclosed building(s) and that such building(s) as well as the grazing and pasturing of animals (which are contained in a fenced area) are no closer than two hundred (200) feet from any lot line; temporary roadside stands for the sale of farm products grown on the premises; provided, however, that up to one-third (1/3) of the display area for produce may be used for the sale of products not grown on the premises. Such a temporary stand shall be required to set back from the edge of the roadway pavement at least twenty-five (25) feet to permit adequate ingress, egress and parking. Fowl shall be limited to ten (10) fowl per one (1) acre with a total limit of fifty (50) fowl per parcel.
4.
Churches.
5.
Public parks and playgrounds.
6.
Public buildings, facilities and utilities.
7.
Cemeteries and pet cemeteries.
8.
Accessory buildings.
9.
Marijuana Licensed Cultivation Facility. The cultivation and or growth of marijuana shall only be conducted within indoor facilities, including, but not limited to, greenhouses. There shall be no outdoor cultivation. Marijuana licensed cultivation facilities shall develop, implement and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls, such as system design and operational processes which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources. No use shall emit an odor that creates a nuisance in violation of the City Code.
B.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
1.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
2.
Accessory Dwelling Unit. One (1) accessory dwelling unit is permitted on a residential lot which is development with a primary single-family unit. All accessory dwelling units shall conform to all building setbacks and the adopted international residential building codes. The property owner must occupy either the primary dwelling unit or accessory dwelling unit. A minimum of one (1) on-site parking space shall be provided for the accessory dwelling unit.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
D.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
[1]
Editor’s Note: Section 1 of this ordinance also provided for the redesignation of former Subsections B and C as Subsections C and D, respectively.
Section 405.210 Zoning District "R-SF1" Single-Family District.
[Ord. No. 23-028,[1] 4-3-2023]
A.
Use Regulations. All buildings and land within "R-SF1" Zoning District shall be limited to the following uses:
1.
Single-family dwellings.
2.
Accessory buildings.
3.
Churches (shall be built to "C-2" General Commercial building standards).
4.
Parks and playgrounds.
5.
Home occupations as regulated within this Chapter.
[Ord. No. 23-082A, 12-4-2023]
B.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
[Ord. No. 23-082A, 12-4-2023]
1.
Accessory Dwelling Unit. One (1) accessory dwelling unit is permitted on a residential lot which is development with a primary single-family unit. All accessory dwelling units shall conform to all building setbacks and the adopted international residential building codes. The property owner must occupy either the primary dwelling unit or accessory dwelling unit. A minimum of one (1) on-site parking space shall be provided for the accessory dwelling unit.
2.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
D.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
E.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Common Area Requirements. Common areas shall be provided for subdivisions utilizing the R-SF1 zoning district as provided in this Section.
[Ord. No. 23-082A, 12-4-2023]
1.
Common Area Calculation. The required minimum amount of common area for public use shall be based upon a calculation of the anticipated residential population of the subdivision when fully developed at the rate of 0.5 acres of common area per twenty-five (25) residential lots.
a.
The provisions of this Section are minimum standards. Nothing in this Section is to be construed as prohibiting a developer from dedicating or reserving other land for recreation purposes in addition to the requirements of this Section.
2.
Quality Of Dedicated Common Area. Lands to be dedicated in accordance with the common space dedication requirements of this Section are subject to the following standards. Land proposed to be dedicated for park and recreation use must be suitable for such use and receive the approval of the Planning and Zoning Commission and the Board of Aldermen. The dedicated common area must be a cohesive whole but may be of irregular outline or shape. Required stormwater detention areas or wetland conservation space may count toward common area if improved to incorporate recreational functions (i.e., soccer goals, etc.).
3.
Improvements Required. The developer shall, with the approval of the Board of Aldermen, make improvements or provide recreational facilities. The developer shall improve the land to be dedicated as common area as follows:
a.
If the development contains seventy-five (75) lots or less, then at a minimum the common area shall consist of open passive play area.
b.
If the development contains seventy-six (76) lots or more, then at a minimum it must include an aquatic pool and pool house amenity. The pool area shall have a minimum of ten (10) square feet of water surface area per lot in a subdivision or one thousand five hundred (1,500) square feet, whichever is greater. At the developer’s option, they can propose alternative amenities such as sports fields or courts as opposed to a pool that has an equivalent construction value.
c.
When an aquatic pool is provided:
(1)
The pool deck area shall be at least twice the pool water surface in square foot area; and
(2)
The pool house shall include a community room and bathrooms. The developer’s design professional shall design the pool house to accommodate the total pool occupant load based on final calculated pool size.
d.
For amenity calculation purposes, all phases of the subdivision shall be considered.
4.
Common Area Access. Each common area required in Subsection (F)(3) above, shall have frontage on a public street to provide acceptable access to the common area from a public street, taking into account the need for adequate frontage on a public street and the amount of frontage reasonably required by the circumstances of the particular common area. If adjacent to an existing or planned trail, the common area shall include an improved pedestrian connection from the trail to the common area(s).
5.
Trail Areas Included. Trails as well as trail amenities may be counted toward satisfying the common area dedication requirements excluding the aquatic pool and pool house amenity. Trail amenities may include but are not limited to the following:
a.
Rest areas with seating;
b.
Bike service areas; or
c.
Shaded pavilions.
G.
Sidewalk And Trail Construction Required. Public trails and sidewalks shall be constructed in accordance with the City ordinances, City of Ozark Design Standards for Public Improvements, and the Linear Park Trails and Connection to Linear Park Trails ordinance.
[Ord. No. 23-082A, 12-4-2023]
[1]
Editor's Note: This ordinance redesignated former Section 405.210 as Section 405.205.
Section 405.215 Zoning District “R-SF2” Enhanced Single-Family District.
[Ord. No. 23-028, 4-3-2023]
A.
Purpose. The purpose of this district shall be to promote single-family development that provides flexibility in standards, specifically relating to minimum lot and setback requirements, and incorporates design standards promoting high-quality development and neighborhoods.
B.
Use Regulations. All buildings and land within the "R-SF2" Zoning District shall be limited to the following uses:
1.
Single-family dwellings.
2.
Accessory buildings.
3.
Churches (shall be built to "C-2" General Commercial building standards).
4.
Parks and playgrounds.
5.
Home occupations as regulated within this Chapter.
[Ord. No. 23-082A, 12-4-2023]
C.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
[Ord. No. 23-082A, 12-4-2023]
1.
Accessory Dwelling Units. One (1) accessory dwelling unit is permitted on a residential lot which is development with a primary single-family unit. All accessory dwelling units shall conform to all building setbacks and the adopted international residential building codes. The property owner must occupy either the primary dwelling unit or accessory dwelling unit. A minimum of one (1) on-site parking space shall be provided for the accessory dwelling unit.
2.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval, the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
j.
No signs shall be permitted to be attached to or hung from the required screening.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition, parking spaces shall be provided for cemetery structures and/or employees when applicable.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
E.
Dimensional Requirements. Minimum width and depth shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
1.
Minimum And Maximum Density. Three (3) to seven (7) residential lots per gross acre.
2.
Density Calculation. Gross density for the purposes of determining minimum and maximum densities allowed shall be calculated as the number of lots per acre of land. This is calculated by taking the number of lots divided by the total area (includes buildable area, detention and water quality, common areas, easements, any form of public right-of-way, etc.).
3.
Density Allowances. In situations where density requirements and lot size, shape, topography, or location result in a subdivision that cannot possibly meet the density requirements, a reduction in minimum density may be granted by the Planning and Zoning Commission if all of the following criteria can be met:
a.
The lot to be subdivided must be less than or equal to one-half (1/2) acre in total area.
b.
The reduction in minimum density may not result in more than one (1) additional single-family dwelling.
c.
The reduction in density will not result in a density that is less than eighty-five percent (85%) of the minimum density required in the applicable zoning district.
d.
The conditions unique to the site (size, shape, topography, etc.) are not the result of actions by the applicant.
e.
In no event may a reduction in density be granted if it would result in a use that would not be allowed as a permitted, accessory or conditional use in the zone in which the property is located.
[Ord. No. 23-082A, 12-4-2023]
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F.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
G.
Design Requirements. All lots and improvements shall comply with the following design requirements.
1.
Pedestrian Entryways. Primary entryways into principal structures shall meet the following requirements.
a.
Private entries to the principal structure shall be provided and be visible from the public right-of-way.
b.
Entryways shall separate private entries from the public sidewalk with a semiprivate transition area, such as a porch, terrace, stoop, or similar element and shall provide weather protection over each primary entry, extending a minimum of four (4) feet from the building facade.
c.
Entryways are allowed to extend up to five (5) feet into the front yard setback.
d.
Entryways shall be at a minimum of forty percent (40%) in width of the front of the residence.
e.
Entries shall provide an improved pedestrian connection, with a width of no less than four (4) feet, from the public right-of-way to the entry.
[Ord. No. 23-082A, 12-4-2023]
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2.
Garage Placement And Design. The placement and design of garages shall create clear subordination to the principal structure.
a.
The garage entrance shall not extend beyond the front of the home.
b.
All garages shall be placed to minimize negative visual impact of the garage door. Options to achieving this requirement include, but are not limited to, the following:
(1)
Rear-loading access from alley.
(2)
Recessed a minimum of ten (10) feet behind the front of the home.
(3)
Side-on garages, where door is perpendicular to the public right-of-way.
(4)
Cantilever second story over the garage.
(5)
Utilize a tandem garage.
(6)
Articulate garage doors with windows, paneling, recesses, and other details.
c.
Garages facing the public right-of-way on single-family lots that are less than fifty (50) feet wide shall not exceed sixty percent (60%) of the width of the home.
d.
If using front- or side-loading garage, shared driveways with platted access easements are required.
Rear-Loading Access From Alley  |
Front-Facing Recessed Garages  |
Side-On Garages  |
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H.
Public Improvements Required. Public Improvements shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
I.
Coving And Road Restrictions. The street system of a subdivision shall be coordinated with existing, proposed, and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, "surrounding streets") as provided in this Section:
1.
Streets shall be related appropriately to the topography. In particular, streets shall be designed to facilitate the drainage and stormwater runoff objectives set forth in the technical specification's manual, and street grades shall conform as closely as practicable to the original topography.
2.
Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.
3.
Local streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons.
4.
Connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic of non-residents to the subdivisions.
[Ord. No. 23-082A, 12-4-2023]
5.
Include streetscape design requirements (coving, traffic calming, bulb-outs, crosswalks, bike routes).
[Ord. No. 23-082A, 12-4-2023]
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J.
Common Area Requirements. Common area shall be provided for subdivisions utilizing the "R-SF2" Zoning District as provided in this Section.
1.
Common Area Calculation. The required minimum of common area for public use shall be based upon a calculation of the anticipated residential population of the subdivision when fully developed at the rate of two (2) acres per fifty (50) residential lots.
a.
If the minimum common area dedication requirement exceeds ten (10) acres, then the dedication shall be comprised of more than one (1) parcel within the subdivision.
b.
The provisions of this Section are minimum standards. Nothing in this Section is to be construed as prohibiting a developer from dedicating or reserving other land for recreation purposes in addition to the requirements of this Section.
c.
Common area shall not be required for subdivisions that result in fewer than five (5) new lots.
[Ord. No. 23-082A, 12-4-2023]
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2.
Quality Of Dedicated Common Area. Lands to be dedicated in accordance with the common space dedication requirements of this Section are subject to the following standards. Land proposed to be dedicated for park and recreation use must be suitable for such use and receive the approval of the Planning and Zoning Commission and the Board of Aldermen. The dedicated common area must be a cohesive whole but may be of irregular outline or shape. Required stormwater detention areas or wetland conservation space may count toward common area if improved to incorporate recreational functions (i.e., soccer goals, etc.).
3.
Improvements Required. The developer shall, with the concurrence of the Board of Aldermen, make improvements or provide recreational facilities. When required by the Board of Aldermen, the developer shall improve the land to be dedicated as follows:
[Ord. No. 23-082A, 12-4-2023]
a.
If the required common area dedication is four (4) acres or less, the developer must provide within the common area, as approved by the Board of Aldermen, a play area of twenty thousand (20,000) square feet with not more than a four percent (4%) gradient or which could reasonably be graded to such.
b.
If the required common area dedication is between four (4) acres and nine (9) acres, provide a proportionate share of play area.
c.
If the required common area dedication is nine (9) acres or more, provide a play and game area within the common area of not less than eighty-five thousand (85,000) square feet with a maximum gradient of four percent (4%) or which could reasonably be graded to such.
d.
Any land within the play area disturbed by construction activity must have topsoil restored and the soil stabilized by appropriate vegetative cover.
e.
Any subdivision with seventy-six (76) or more lots must include an aquatic pool and pool house amenity. The pool area shall have a minimum of ten (10) square feet of water surface area per lot in a subdivision or one thousand five hundred (1,500) square feet, whichever is greater. At the developer’s option, they can propose alternative amenities such as sports field or courts as opposed to a pool that has an equivalent construction value.
f.
When an aquatic pool is provided;
(1)
The pool deck area shall be at least twice the pool water surface in square foot area; and
(2)
The pool house shall include a community room and bathrooms. The developer’s design professional shall design the pool house to accommodate the total pool occupant load based on final calculated pool size.
g.
For amenity calculation purposes, all phases of the subdivision shall be considered.
4.
Common Area Access. Each common area required in Subsection (J)(3) above, shall have frontage on a public street to provide acceptable access to the common area from a public street, taking into account the need for adequate frontage on a public street and the amount of frontage reasonably required by the circumstances of the particular common area. If adjacent to an existing or planned trail, the common area shall include an improved pedestrian connection from the trail to the common area(s).
[Ord. No. 23-082A, 12-4-2023]
5.
Trail Areas Included. Trails as well as trail amenities may be counted toward satisfying the common area dedication requirements excluding the aquatic pool and pool house amenity. Unless otherwise expressly approved at the time of subdivision approval, trail areas may only satisfy up to fifty percent (50%) of the required common area. Trail amenities may include, but are not limited to, the following:
[Ord. No. 23-082A, 12-4-2023]
a.
Rest areas with seating.
b.
Bike service areas.
c.
Shaded pavilions.
K.
Sidewalk And Trail Construction Required. Public trails and sidewalks shall be constructed in accordance with the City ordinances, City of Ozark Design Standards for Public Improvements, and the Linear Park Trails and Connection to Linear Park Trails ordinance.
[Ord. No. 23-082A, 12-4-2023]
L.
Private Access Easement. There shall be no private access easement for any lot of new residential development except for alleyways to access rear-loading garages which shall be privately maintained. Each lot shall comply with the minimum frontage requirements onto a public right-of-way. Additional private access beyond alleyways will only be permitted where the Board of Aldermen finds:
1.
That private ownership, control and maintenance of street right-of-way is integral to the design and function of the subdivision.
2.
Provision has been made for the continuing and adequate maintenance of such streets in accordance with this Chapter.
3.
There is evidence that the property rights, including rights of access of persons purchasing land within and adjacent to the subdivision, are safeguarded to the degree they would be protected if the streets were dedicated to the public.
4.
The public interest and welfare is not jeopardized.
5.
Private streets shall be improved in accordance with City standards and specifications.
Section 405.220 Retired. [Zoning District "R-1A" Single-Family Estate District.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §2, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired. [Use Regulations. All buildings and land within a "R-1A" zoning district shall be limited to the following uses:]
1.
[Single-family dwellings.]
2.
[Accessory buildings.]
3.
[Churches (shall be built to "C-2" general commercial building standards).]
4.
[Parks and playgrounds.]
5.
[Home occupations as regulated within this Chapter, except those listed in Subsection (B).]
B.
Retired. [Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by Planning and Zoning Commission:]
1.
[Home occupations requiring a conditional use permit:]
a.
[Day-care centers and nursery schools.]
b.
[Preparation of food for sale.]
c.
[Raising and/or breeding animals for sale.]
d.
[Upholstery repair.]
2.
[Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.]
3.
Retired. [Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:]
a.
[The property must be a single tract or parcel consisting of no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri. The property must consist of a single tract or parcel not divided by any street, alley or other property.]
d.
[An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.]
e.
[Principal entryways must be clearly defined by architecturally treated entry gates.]
f.
[Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.]
g.
[No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.]
h.
[No signs shall be permitted to be attached to or hung from the required screening.]
i.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.]
j.
[The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.]
[Any other uses not listed will be required to obtain a conditional use permit.] |
C.
Retired. [Non-Permitted Uses. Cell towers.]
D.
Retired. [Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
E.
Retired. [Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.]
F.
Retired. [Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.]
Section 405.230 Retired. [Zoning District "R-1B" Single-Family District.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §3, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired. [Use Regulations. All buildings and land within a "R-1B" zoning district shall be limited to the following uses:]
1.
[Single-family dwellings.]
2.
[Accessory buildings.]
3.
[Churches (shall be built to "C-2" general commercial building standards).]
4.
[Parks and playgrounds.]
5.
[Home occupations as regulated within this Chapter, except those listed in Subsection (B).]
B.
Retired. [Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:]
1.
[Home occupations requiring a conditional use permit:]
a.
[Day-care centers and nursery schools.]
b.
[Preparation of food for sale.]
c.
[Raising and/or breeding animals for sale.]
d.
[Upholstery repair.]
2.
[Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:]
a.
[The property must be a single tract or parcel consisting of no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.]
d.
[The property must consist of a single tract or parcel not divided by any street, alley or other property.]
e.
[An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.]
f.
[Principal entryways must be clearly defined by architecturally treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.]
C.
Retired. [Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
D.
Retired. [Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.]
E.
Retired. [Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.]
Section 405.240 Retired. [Zoning District "R-1C" Single-Family District.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §4, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired. [Use Regulations. All buildings and land within "R-1C" zoning district shall be limited to the following uses:]
1.
[Single-family dwellings.]
2.
[Accessory buildings.]
3.
[Churches (shall be built to "C-2" general commercial building standards).]
4.
[Parks and playgrounds.]
5.
[Home occupations as regulated within this Chapter, except those listed in Subsection (B).]
B.
Retired. [Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:]
1.
Retired. [Home occupations requiring a conditional use permit:]
a.
[Day-care centers and nursery schools.]
b.
[Preparation of food for sale.]
c.
[Raising and/or breeding animals for sale.]
d.
[Upholstery repair.]
2.
Retired. [Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:]
a.
[The property must be a single tract or parcel consisting of no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.]
d.
[The property must consist of a single tract or parcel not divided by any street, alley or other property.]
e.
[An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.]
f.
[Principal entryways must be clearly defined by architecturally treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.]
C.
Retired. [Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
D.
Retired. [Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.]
E.
Retired. [Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.]
Section 405.245 Retired. [Zoning District "R-1D" Single-Family District.]
[Ord. No. 10-003 §2, 2-1-2010; Ord. No. 14-016 §5, 4-21-2014; Ord. No. 18-012, 3-19-2018; Ord. No. 23-028, 4-3-2023]
A.
Retired. [Use Regulations. No application for this Zoning District will be granted in any subdivision unless that subdivision has used coving as a design feature. All buildings and land within the "R-1D" zoning district shall be limited to the following uses:]
1.
[Single-family dwellings.]
2.
[Accessory buildings.]
3.
[Churches (shall be built to "C-2" general commercial building standards).]
4.
[Parks and playgrounds.]
5.
[Home occupations as regulated within this Chapter, except those listed in Subsection (B).]
B.
Retired. [Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:]
1.
Retired. [Home occupations requiring a conditional use permit:]
a.
[Day-care centers and nursery schools.]
b.
[Preparation of food for sale.]
c.
[Raising and/or breeding animals for sale.]
d.
[Upholstery repair.]
2.
Retired. [Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:]
a.
[The property must be a single tract or parcel consisting of no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.]
d.
[The property must consist of a single tract or parcel not divided by any street, alley or other property.]
e.
[An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.]
f.
[Principal entryways must be clearly defined by architecturally treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.]
C.
Retired. [Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.]
D.
Retired. [Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.]
E.
Retired. [Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.]
F.
Retired. [Roadway Requirements. This district, when considered for a subdivision, is intended for areas that have access for vehicular traffic from primary collector or higher classification streets without crossing minor streets in adjoining neighborhoods. Approval of an application may be considered on roads with classification less than a primary collector only when the developer is willing to make the necessary roadway improvements to meet the criteria of a primary collector road at their expense.]
Section 405.250 Zoning District "R-1P" Two-Family Patio Home District.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within "R-1P" zoning district shall be limited to the following primary uses:
1.
Attached single-family dwellings, with a maximum of two (2) residences.
a.
Common party walls must be located on the property line, must be a minimum of eight (8) inches thick, be constructed of masonry with no openings and meet applicable building code standards for fire walls and party walls.
b.
No portions of the dwelling or architectural features may project over any property line.
c.
One (1) side yard meeting minimum distance is required for each structure.
B.
Building Height. No building shall exceed two (2) stories and thirty-five (35) feet in height.
C.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
[Ord. No. 14-016 §6, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
[1]
Editor's Note: Section 6 of this ordinance also provided for the redesignation of former Subsections C, D and E as Subsections D, E and F, respectively.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
E.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
F.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
Section 405.260 Zoning District "R-2" Two-Family District.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within a "R-2" zoning district shall be limited to the following primary uses:
[Ord. No. 23-028, 4-3-2023]
1.
All uses permitted within an "R-SF1," except single-family dwellings.
2.
Two-family dwellings.
B.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
[Ord. No. 14-016 §7, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
[1]
Editor's Note: Section 7 of this ordinance also provided for the redesignation of former Subsections B, C and D as Subsections C, D and E, respectively.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
D.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
E.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
Section 405.270 Zoning District "R-3" Medium Density Multi-Family District.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within a "R-3" zoning district shall be limited to the following primary uses:
[Ord. No. 23-028, 4-3-2023]
1.
All uses permitted within an "R-SF1" or "R-2" District except single-family dwellings.
2.
Multiple-family dwellings not in excess of eight (8) units per building.
B.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
[Ord. No. 14-016 §8, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
[1]
Editor's Note: Section 8 of this ordinance also provided for the redesignation of former Subsections B, C and D as Subsections C, D and E, respectively.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
D.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
E.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
Section 405.280 Zoning District "R-4" High Density Multi-Family District.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Use Regulations. All buildings and land within a "R-4" zoning district shall be limited to the following primary uses:
1.
Multi-family residential dwellings.
B.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:
[Ord. No. 14-016 §9, 4-21-2014[1]]
1.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
[1]
Editor's Note: Section 9 of this ordinance also provided for the redesignation of former Subsections B, C and D as Subsections C, D and E, respectively.
C.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth Article V of this Chapter.
D.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
E.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
Section 405.290 Zoning District "C-2" General Commercial District.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-025 §2, 8-22-2011; Ord. No. 13-025 §1, 7-15-2013; Ord. No. 16-041 §1, 10-3-2016; Ord. No. 14-016 §10, 4-21-2014; Ord. No. 19-061, 8-5-2019]
A.
Purpose. The general commercial district is intended to allow for a variety of commercial, retail and office uses along major thoroughfare routes within the City. Architectural design guidelines within this Section are intended to protect, preserve and enhance the visual and architectural appearance of said properties along these major traffic routes.
B.
Permitted Uses.
1.
Any commercial structure and/or operation that provides, displays, advertises and sells goods, supplies and/or services to the general public.
2.
Any governmental office building and/or use.
3.
Auto Sales And Auto Detailing. Establishments engaged in the business of sales of motorized vehicles and/or equipment and detailing of motorized vehicles.
4.
Marijuana Licensed Dispensary Facility. No new marijuana licensed dispensary facility shall be initially sited within one hundred (100) feet of any then-existing elementary or secondary school, daycare, or church as those terms are defined in Article XIV of the Missouri Constitution. The distance between the facility and the then-existing elementary or secondary school, daycare, or church shall be measured from the primary entrance/exit door to primary entrance/exit door. Said distance measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 23-010, 1-17-2023]
C.
Conditional Uses.
1.
Cell towers (see Section 405.500(H)).
2.
When two (2) or more uses are requested on a parcel of record in a commercial district and the primary use is a permitted use and the secondary use requested is not, a conditional use permit shall be required. The applicant may submit a conditional use application for consideration by the Planning and Zoning Commission for the secondary non-permitted use as long as it is associated with and/or assists in the primary use and the conditional use to be granted complies with all of the applicable provisions of this Chapter. (See Section 405.500.)
3.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
4.
Crematories for the disposal of deceased human and animal remains.
[Ord. No. 21-005, 2-1-2021]
D.
Non-Permitted Uses.
1.
All those uses permitted within "A-1," "R1-A," "R1-B," "R1-C," "R1-P," "R-2," "R-3," "R-4," "I-1" and "M" zoning districts.
E.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
F.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
G.
Signage Requirements. Signage shall be installed in accordance with the requirements set forth in Chapter 407 of this Title.
H.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
Section 405.300 "C-2" General Commercial Design Standards.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Applicability. The requirements of this Section shall apply in the following situations:
1.
All property within six hundred (600) feet of the rights-of-way lines of Highway 65 within the City limits of the City of Ozark; or
2.
All new structures with exterior walls that face, are parallel to, adjacent to or can be seen from all public rights-of-way classified as a roadway other than residential; or
3.
All proposed structures within planned commercial shopping center developments with exterior walls that face, are parallel and/or are adjacent to public rights-of-way classified as a roadway other than residential; or
4.
All detached exterior walls including, but not limited to, retaining, landscaping or stormwater detention walls that face, are parallel to and/or are adjacent to public rights-of-way. Said walls shall be constructed or faced with materials approved within this Section and similar to that used for the primary structure; or
5.
Redevelopment projects as defined in this Title.
B.
Exceptions. The requirements of this Section shall not apply in the following situations:
1.
The rear exterior wall of any structure not adjacent to or facing public rights-of-way; or
2.
Where it is evident that the exterior walls of a structure will be blocked from the view of public right-of way as a result of topography or future development within a platted subdivision. The applicant shall provide information that appropriately supports the existence of this situation; or
3.
Interior remodeling of an existing structure requiring a building permit.
Section 405.310 "C-2" General Building Design Guidelines.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 13-025 §§2 — 4, 7-15-2013]
A.
General. Developments along commercial corridors are typically highly visible to passing motorists. High quality building materials should be used to add texture, color and visual interest to the otherwise bland appearance of large walls, roofs and facades. A list of appropriate materials should be represented on the construction drawings of each building application to be approved by the Department of Planning and Development.
B.
Prohibited Exterior Materials. The following materials are prohibited from use as an exterior building finish on all exterior walls:
1.
Plywood siding,
2.
Horizontal and vertical aluminum siding,
3.
Asphalt shingle siding,
4.
Asphalt shingle roofing — non-architectural, and
5.
Plain cinder block walls.
6.
Galvanized metal.
[Ord. No. 19-005, 2-4-2019; Ord. No. 24-015, 2-5-2024]
C.
Approved Rear Exterior Wall Materials. The following exterior finish materials shall be allowed on the rear exterior wall of a building unless the rear exterior wall faces a public right-of-way, and must match in color that material used on the other exterior walls of the structure:
[Ord. No. 19-005, 2-4-2019]
1.
Exposed concrete masonry units (CMU) standard gray block;
2.
Concrete finishes or pre-cast concrete panels (such as tilt-up walls) that are exposed aggregate, hammered or sandblasted and are unable to be painted;
3.
Wood, metal, and vinyl siding;
[Ord. No. 24-015, 2-5-2024]
4.
Prefinished metal building panel, including ribbed metal, R panels or agricultural type; and
[Ord. No. 24-015, 2-5-2024]
5.
All materials in the approved exterior materials list below.
D.
Approved Exterior Wall Materials. The following exterior finish materials shall be allowed on all exterior walls of a building:
[Ord. No. 19-005, 2-4-2019]
1.
Customary brick masonry;
2.
Natural or cast stone;
3.
Oversized brick;
4.
Split-faced block;
5.
EIFS (exterior insulated finish) or synthetic equivalent;
6.
Architectural pre-cast concrete;
7.
Metal-panel systems;
[Ord. No. 24-015, 2-5-2024]
8.
Transparent glass curtain wall and storefront systems, such as Kawneer, EFCO, Visionwall and reflective glass;
9.
Accent materials such as glass block and ceramic tiles;
10.
Wood or fiber board and batten (horizontal or vertical); or
11.
Each proposed metal material shall not exceed fifty percent (50%) coverage on any front or side elevation. Desired design intent is to provide a variety of material and color creating an aesthetic architectural effect to visually break up the wall.
E.
Approved Roof Materials. The following roofing finish materials shall be allowed on a roof and/or overhangs:
[Ord. No. 19-005, 2-4-2019]
1.
Natural or composite slate roofing;
2.
Real or composite terra cotta tile roofing;
3.
Architectural shingle roofing material; or
4.
Metal roofing, standing seam and copper; flat roofs that are shielded from view may use materials designed for that use. (Environmental green roof applications may be considered.)
[Ord. No. 24-015, 2-5-2024]
F.
Building Orientation. New buildings located along a street frontage shall, to the maximum extent feasible, position building walls so as to conform to surrounding buildings, including those existing adjacent buildings or buildings within one hundred (100) feet of the lot line.
G.
Multiple-Building Developments. When there is more than one (1) building in a development, all principal and pad site buildings shall be arranged and grouped so that their primary orientation complements adjacent, existing development.
H.
Parking Buffers. Parking lot edges shall be buffered from public rights-of-way and adjacent properties as stated in Article VI of this Chapter.
I.
Screening And Storage Of Outside Merchandise/Materials. The outside storage of supplies, materials and/or merchandise either for sale, personal use or utilized for the operation of an approved land use shall be located in the rear or side yards and subject to the following regulations:
[Ord. No. 19-005, 2-4-2019]
1.
The permanent or temporary outside storage and/or display of supplies, merchandise or materials for sale to others shall not be the primary use of any lot of record.
2.
Storage area shall not extend beyond the front of the building.
3.
Screening requirements shall comply with Section 405.785.
J.
Outdoor Display of Merchandise for Sale. The outdoor display of merchandise for sale for the operation of an approved land use may be located in the front yard area as long as it is compliant with all site plan requirements, parking requirements, setbacks, safety requirements and easements and does not impede the flow of pedestrian or vehicular traffic.
[Ord. No. 15-007 §1, 2-17-2015; Ord. No. 19-005, 2-4-2019]
Section 405.320 Zoning District "C-4" Central Business District.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §11, 4-21-2014; Ord. No. 19-061, 8-5-2019]
A.
Purpose. This district is intended to be a mixed-use district that accommodates a variety of residential, commercial and public uses. It is intended to allow flexible setbacks, smaller lot sizes and increased lot coverage to encourage density development in the urban core of the community. The intent of this district is to protect the small community appeal, integrity, character and charm within the Central Business District by encouraging redevelopment that focuses on architecturally appropriate design standards typical of the City's early development history. Furthermore, this district is intended to permit neighborhoods of mixed uses existing within the same structure.
B.
Permitted Uses.
1.
Any business that provides, displays, advertises and sells goods, supplies and/or services to the general public as long as all activities associated with said business are contained entirely indoors.
2.
Any governmental building.
3.
Residential dwellings.
4.
Home occupations.
5.
Marijuana Licensed Dispensary Facility. No new marijuana licensed dispensary facility shall be initially sited within one hundred (100) feet of any then-existing elementary or secondary school, daycare, or church as those terms are defined in Article XIV of the Missouri Constitution. The distance between the facility and the then-existing elementary or secondary school, daycare, or church shall be measured from the primary entrance/exit door to primary entrance/exit door. Said distance measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 23-010, 1-17-2023]
C.
Non-Permitted Uses. All of those uses otherwise permitted within "A-1," "R-3," "R-4," "I-1" and "M" zoning districts.
D.
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission.
1.
Convenience stores with or without gas pumps, but not including automotive repair or service.
2.
All proposed structures with floor space greater than five thousand (5,000) square feet.
3.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
Section 405.330 "C-4" General Guidelines.
[Ord. No. 09-012 §1, 4-6-2009]
A.
All new parcels of property platted and/or recorded after the effective date of this Section shall abut by their full frontage onto a public street right-of-way except in the instance of a planned urban development (PUD). Primary access roadways to any lot, whether private or public, must meet all subdivision design guidelines in accordance with the City of Ozark Design Specifications for Public Improvements.
B.
All permitted activities and uses, except the following, shall be conducted entirely within an enclosed building: bank drive-thru, outdoor seating areas for eating and drinking facilities, street vendors licensed by the City of Ozark and playgrounds associated with schools or day cares.
C.
Non-Permitted Uses. Cell towers.
D.
Only during those hours in which any business is open shall the display of any merchandise and/or materials for sale exist on the outside of the primary structure.
E.
Existing non-conforming structures shall comply with all design requirements at such time the present use is changed and/or the issuance of a business license is required.
F.
Any construction or remodeling to the exterior of an existing building shall be required to submit a building permit application. All proposals must meet to the fullest extent possible the architectural guidelines of this Chapter. Proposed exterior finish materials must be from the approved materials list.
G.
The proposed colors for new structures must match, to a logical extent, those buildings surrounding the project in question as well as fit in with the character of the historic downtown area. Bright and brilliant colors shall only be used as accents.
H.
Landscaping. Strict compliance with this Title of the City of Ozark Code of Ordinances may not be required but all new structures and development projects must include a landscaping plan consisting of some green space and/or plantings. (See Article VI of this Chapter).
Section 405.340 "C-4" Historic Structures and Districts.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 20-040, 6-1-2020; Ord. No. 21-066, 8-2-2021]
All buildings, properties and/or parcels of record that fall within a designated historic district shall be required to follow the additional regulations in the Code referencing the Historic Overlay District, Sections 405.470 through 405.479 of this Chapter, before a building/zoning permit can be issued by the Department of Planning and Development.
Section 405.350 "C-4" Design Guidelines.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 12-006 §1, 1-17-2012]
A.
The following design standards are established for developments within this district as these areas are highly visible and largely establish the image and character of Ozark's downtown.
1.
General standards.
a.
The use of galvanized chain link fencing is prohibited. The use of wood, vinyl, wrought iron and masonry materials for screening or fencing are allowed. No fencing shall exceed four (4) feet in height, including front yards, except for screening purposes in accordance with Subsection (1)(c) below.
b.
If an applicant wishes to use exterior finish materials not listed in the approved list below, he/she must obtain permission from the Planning and Zoning Commission. The applicant shall provide either a sample of the proposed material for review or a detailed drawing of how and where the materials are to be used in the project. If approved by the Commission, a note shall be added to the architectural drawings stating the date when the alternative materials were approved.
c.
All refuse storage areas shall be screened with masonry materials and be no less than six (6) feet in height. Said materials shall be of like texture and color as the primary structure. Mechanical, electrical and air conditioning equipment units, both on ground and/or on rooftops, shall be screened from view utilizing those materials listed in Subsection (1)(a) above.
[Ord. No. 23-042, 7-3-2023]
d.
All gas and electric meters, downspouts and other appurtenances shall be either incorporated internally into the structure or be of similar color or material to the principal structure. Downspouts and guttering shall be of an appropriate material that matches the architectural style of the building and in no instance shall PVC pipe be used for rain gutter systems.
2.
Building material standards.
a.
Prohibited exterior materials. The following materials are prohibited from use as an exterior building finish on all exterior walls that face or can be seen from local streets and roadways:
(1)
Plywood siding.
(2)
Horizontal and vertical aluminum siding.
(3)
Horizontal and vertical metal siding.
(4)
Asphalt shingle siding.
(5)
Asphalt shingle roofing — non-architectural.
(6)
Grey split-faced block.
(7)
Architectural pre-cast concrete.
(8)
Vinyl siding.
b.
Approved rear exterior materials. The following exterior finish materials are allowed on the rear exterior wall of a building unless the rear exterior wall faces or can be seen from any local street, alley or roadway:
(1)
Non-gray exposed concrete masonry units (CMU).
(2)
Concrete finishes or pre-cast concrete panels (such as tilt-up walls) that are exposed aggregate, hammered or sandblasted and are unable to be painted.
(3)
Non-gray split-faced block (natural earth tones, brick reds, etc.).
(4)
Non-gray EIFS (exterior insulated finish) or synthetic equivalent. If used, EIFS must be consistent with the main wall color.
(5)
Non-gray architectural pre-cast concrete.
c.
Approved exterior materials. The following exterior finish materials shall be allowed on all exterior walls of the building:
(1)
Brick — standard or oversized.
(2)
Natural or cast stone.
(3)
EIFS (exterior insulated finish) or synthetic equivalent may only be used as accents to the primary structure and may not exceed more than twenty-five percent (25%) of exterior walls.
(4)
Ship-lap siding no less than eight (8) inches in width. All siding must be installed in a horizontal direction and covered with an exterior paint.
d.
Approved roof materials. The following finish materials are allowed on the roof, awnings and overhangs:
(1)
Natural or composite slate roofing.
(2)
Real or composite terra cotta tile roofing.
(3)
Architectural shingle roofing materials.
(4)
Flat roofs that are shielded from view may use materials designed for that use (environmental green roof applications may be considered).
3.
Architectural design standards. All buildings in this district shall have no less than one (1) design feature from the following list:
a.
Canopies, porticos or awnings.
b.
Overhangs, recesses/projections.
c.
Arcades.
d.
Distinctive roof forms.
e.
Arches.
f.
Outdoor patios.
g.
Planters or wing walls that incorporate landscaped areas and/or places for sitting.
4.
Height requirements. Maximum structure height shall not exceed three (3) stories and/or forty (40) feet in total height.
5.
Corner lots.
a.
Buildings on corner lots or axial intersect or terminus shall be built with additional height and architectural embellishments, such as towers, fountains, clock towers, etc.
b.
When there is more than one (1) building on a single lot of record, all principal and pad site buildings shall be arranged and grouped so that their primary orientation complements adjacent, existing development.
6.
Parking buffers. When off-street parking areas are proposed, they shall be buffered from public rights-of-way or adjacent properties as required by this Title.
7.
Sign guidelines.
[Ord. No. 22-028, 6-6-2022]
a.
No external wall signage shall be allowed above the first (1st) floor of any building.
b.
No external wall signage shall be made of channel lettering with the exception of the front of buildings immediately adjacent to the 3rd Street right-of-way.
c.
External wall signs may only be illuminated by external lighting with the exception of those wall signs on the front of buildings facing the 3rd Street right-of-way.
d.
Wall-mounted cabinet or container signs are not allowed within this district.
e.
Monument signs may be illuminated by either internal or external lighting.
f.
Special illumination devices, L.E.D. boards and electronic video display signs capable of displaying multiple photos, pictures, images or words are prohibited within this district.
g.
All buildings, properties and/or parcels of record that have been designated as historic or fall within a designated historic district shall obtain a Historic District Permit for any permanent sign.
8.
Allowed sign types.
[Ord. No. 22-028, 6-6-2022]
a.
Wall signs. Each business is allowed one (1) wall sign that is not to exceed more than seven percent (7%) of the area on the building facade in which the sign is placed. No sign may extend more than twelve (12) inches from the wall face. Only external lighting may illuminate any wall sign except for signs facing the 3rd Street right-of-way.
b.
Monument signs. A business located on its own lot of record may have one (1) monument sign on its property. The signs shall not exceed six (6) feet in height and the sign face shall not exceed fifty (50) square feet in area. The outer edge of the sign may be placed on the property line but shall not be located within public right-of-way or obstruct the view of motorists. The frame of all monument signs must be constructed of brick, stone, block, exterior insulated finish or synthetic equivalent and must match the materials used for the primary structure. The bottom of all monument signs must be flush with the ground.
c.
For large scale mixed-use developments, shopping centers or PUDs, the subdivision may have one (1) sign for shared use along the street frontage. The shared use sign does not count against the allowable signage for an individual business. This shared monument sign shall be no higher than ten (10) feet and the sign face shall not exceed one hundred (100) square feet of advertising area. No sign shall be located within public right-of-way or obstruct the view of motorists.
d.
Window signs. Each business is allowed one (1) window sign. This sign may not flash or blink and is not allowed to take up more than fifty percent (50%) of the window in which it is placed. No more than three (3) separate neon signs shall occupy any window area.
e.
Awning signs. Businesses are allowed to have printing on their awnings. Any printing on an awning shall be considered a sign. Each awning is allowed one (1) sign per awning. An awning sign may not take up more than thirty percent (30%) of the awning's total face area.
9.
(Reserved)[1]
[1]
Editor's Note: Former Subsection (A)(9), Outside storage and screening requirements, was repealed 7-3-2023 by Ord. No. 23-042.
Section 405.360 Zoning District "I-1" Industrial District.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-006 §2, 3-21-2011; Ord. No. 11-007 §1, 3-21-2011; Ord. No. 11-008 §1, 3-21-2011; Ord. No. 12-036 §1, 10-15-2012]
A.
Purpose. The "I-1" zoning district is established to provide for industrial, manufacturing and warehousing uses within the City of Ozark. The regulations contained in this Section are intended to encourage a productive operating environment for such uses and to protect adjacent businesses and land uses not within the zoning district.
B.
Permitted Uses.
1.
City-wide public uses by rights. Public uses, essential public services, open land uses and similar uses which are subject to public controls.
2.
Dedicated warehousing. Warehousing establishments and places of business.
3.
Storage. Mini-storage facility and/or outdoor storage facilities, primarily for the storage of goods and materials.
4.
Manufacturing. Industrial uses which usually generate limited environmental impact. Generally these uses involve the assembly, fabrication, packaging and processing of previously prepared materials. These uses include fabricated metal products, structural products, extruded plastics and textile products.
5.
Transportation services. Establishments primarily engaged in furnishing local and suburban passenger transportation including taxicabs, ambulance service, passenger bus station and terminal transportation charger service, non-profit transit services and school buses.
6.
Trades and services. Establishments engaged primarily in providing products and services completely indoors related to HVAC, plumbing, mechanical and electrical services.
7.
Research and development activities. Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building.
8.
Heavy equipment sales and/or storage. Establishments engaged in the business of sales, rental, mechanical service or storage of heavy machinery or construction equipment.
9.
Auto sales and auto detailing. Establishments engaged in the business of sales or motorized vehicles and/or equipment and detailing of motorized vehicles.
C.
Conditional Uses Permitted.
1.
Bulk petroleum storage and distribution facilities.
2.
Commercial entertainment facility, indoor and outdoor, and motorized sports facilities.
3.
Commercial recycling facilities.
4.
Motor freight facilities.
5.
Other light manufacturing uses which are not permitted outright but which are consistent with the purpose of the "I-1" zoning district and are not detrimental to any of the outright permitted uses or other existing conditional uses.
6.
Cell towers and/or any other wireless tower(s) (see Section 405.500(H)).
7.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
[Ord. No. 14-016 §12, 4-21-2014]
a.
The property must be a single tract or parcel consisting of no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
8.
Crematories for the disposal of deceased human and animal remains.
[Ord. No. 21-006, 2-1-2021]
D.
Other Conditional Uses.
1.
Sexually oriented business — purpose, locations, distance measured.
a.
Purpose. The purpose of these regulations is to protect residential property values by restricting the location of sexually oriented businesses. National studies indicate that such businesses are perceived to have a negative impact on residential property values. Dispersion of sexually oriented businesses is required in order to avoid concentration of uses that have a negative impact on adjoining property values.
b.
Locations. An adult cabaret or adult bookstore or adult video store may locate only as conditional uses in the "I-1" zoning districts. Such uses are prohibited within the area circumscribed by a circle that has a radius of five hundred (500) feet from any residential zoning district, school, park, church or public community center. No more than one (1) such use may locate within each one thousand (1,000) feet.
c.
Distance measured. The distance required in shall be measured by following a straight line, without regard to intervening structures or objects, from the adult cabaret or adult bookstore or adult video store to the nearest point of the parcel of property containing a school, park, church, public community center or a residential zoning district boundary line.
Conditions of approval shall be established during the requested Planning and Zoning hearing based on the unique characteristics of the property and proposed use. |
2.
Concrete batch plant — purpose and locations.
a.
Purpose. The purpose of these regulations is to protect property values adjacent to the industrially zoned property by assuring that there is adequate screening and buffering between the two (2) properties or, in the case of a portable/temporary concrete batch plant, that there is a definite term for the operation of the plant, and that all State environmental or other permits have been obtained and compliance measures are in place.
b.
Location. A concrete batch plant, whether permanent or portable/temporary, shall be placed upon the property or job site in such a fashion as to minimize the impact of cement trucks, dump trucks and/or large work trucks upon surrounding landowners. If a portable/temporary plant is approved, at the termination date of the plant, the site must be restored to its original state.
Conditions of approval shall be established during the requested Planning and Zoning hearing based upon the unique characteristics of the property and proposed use. |
E.
Limitations On Use. In an "I-1" zoning district, the following limitations on use shall apply:
1.
All of the uses permitted under this Section shall have their primary operations conducted entirely within enclosed buildings unless otherwise allowed with an approved conditional use.
2.
Materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
3.
The permanent or temporary outside storage and/or display of supplies, merchandise or materials for sale to others shall not be the primary use of any lot of record.
4.
For further inquiries on definitions please refer to the definitions in the Ozark City Code.
F.
Other Regulations.
1.
Noxious conditions. No land or building in the "I-1" zoning district shall be used, constructed or operated so as to create any noxious, offensive, objectionable, dangerous or other undesirable effect on persons or property outside the lot line by virtue of emission of smoke, particulate matter, noise, fumes, odor, vibrations, glare, liquid and solid waste, heat, explosive materials or similar effects.
2.
Liquid and solid waste. No material or wastes shall be stored on any property in "I-1" zone in such manner that they may be transferred off the property by natural causes.
3.
Fire and explosive hazards. All activities involving and the storage of flammable and explosive materials shall comply with the latest National Fire Protection (NFP) Code.
4.
Compliance. All building, uses, development and activities conducted within the "I-1" zone shall be constructed, maintained, pursued and/or conducted in accordance with all applicable State, Federal and local Statutes and regulations, including health, safety and environmental.
G.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
H.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
I.
Landscaping Requirements. Landscaping shall be required for all buildings, uses and development within the "I-1" zone in accordance with the landscaping requirements set forth in Article VI of this Chapter. All open areas in the required yards, except driveways, parking areas, walkways and storages areas shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscape materials.
J.
Public Works. Any public improvements or modifications shall comply with the latest revision of the City of Ozark design standards.
K.
Screening And Storage Of Outside Merchandise/Materials. The outside storage of supplies, material and/or merchandise either for sale, personal use or utilized for the operation of an approved land use shall be located in the rear yard and subject to the following regulations:
1.
The permanent or temporary outside storage and/or display of supplies, merchandise or materials for sale to others shall not be the primary use of any lot of record.
2.
Screening requirements shall comply with Title IV, Chapter 405, Sections 405.770 through 405.790 (Buffer Yard and Screening Requirements).
L.
Outdoor Display of Merchandise for Sale. The outdoor display of merchandise for sale for the operation of an approved land use shall be located in the front yard area as long as it is compliant with all site plan requirements, parking requirements, setbacks, safety requirements and easements and does not impede the flow of pedestrian or vehicular traffic.
[Ord. No. 15-007 §3, 2-17-2015]
Section 405.370 Zoning District "GM-U" General Mixed-Use District.
[Ord. No. 21-100, 12-6-2021]
A.
Purpose. The "GM-U" District is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a connected community form. This district allows commercial, office, civic, attached-single-family and multi-family uses. The siting and architectural design and scale of structures in this district should be compatible with surrounding development and shall follow the design guidelines within this Section. "GM-U" can be implemented along any roadway, with the exception of those categorized as "Residential" or "Residential Collectors."
B.
Permitted Uses.
1.
Single-family attached and live-work units.
2.
Two-family dwelling.
3.
Multiple-family dwellings.
4.
Home occupations.
5.
Any commercial structure and/or operation that provides, displays, advertises and sells goods, supplies and/or services to the general public.
6.
Auto Sales And Auto Detailing. Establishments engaged in the business of sales of motorized vehicles and/or equipment and detailing of motorized vehicles.
7.
Any governmental office building and/or use.
8.
Indoor-storage facility primarily for the storage of goods and materials.
9.
Trades And Services. Establishments engaged primarily in providing products and services completely indoors related to HVAC, plumbing, mechanical and electrical services.
10.
Outdoor recreational facilities.
11.
Marijuana Licensed Dispensary Facility. No new marijuana licensed dispensary facility shall be initially sited within one hundred (100) feet of any then-existing elementary or secondary school, daycare, or church as those terms are defined in Article XIV of the Missouri Constitution. The distance between the facility and the then-existing elementary or secondary school, daycare or church shall be measured from the primary entrance/exit door to primary entrance/exit door. Said distance measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 23-010, 1-17-2023]
C.
Conditional Uses.
1.
Crematories for the disposal of deceased human and animal remains.
2.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
a.
The property must be a single tract or parcel consisting of no less than one-half (1/2) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri Statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
D.
Non-Permitted Uses. All uses not mentioned as "Permitted Uses" or "Conditional Uses."
E.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
F.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
G.
Signage Requirements. Signage shall be installed in accordance with the requirements set forth in Chapter 407 of this Title.
H.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter or a minimum of fifteen percent (15%) open space, whichever is greater.
1.
An alternative landscape may be considered that minimizes the perimeter and street frontage landscaping by providing a public amenity. The public amenity shall be at a minimum of twenty percent (20%) in size of the lot. The public amenity shall also contain the minimum required shrubs and trees that the perimeter and street frontage landscaping would have required.
Section 405.375 General Mixed-Use Design Standards.
[Ord. No. 21-100, 12-6-2021; Ord. No. 24-053, 8-5-2024]
A.
Buildings and development sites that contain a mix of uses are strongly encouraged. Large development sites represent an important opportunity for creating quality mixed-use developments that will enhance the local economy.
B.
Developments can contain multiple buildings that have different uses on the same parcel.
C.
Developments shall contain a minimum of two (2) outdoor public spaces such as outdoor living, eating, active or passive park space, public art, interlinking trail systems, water features or other staff-approved recreational type features.
D.
Follow "C-2" General Building Design Guidelines for non-residential developments.
E.
Any new structure within this district shall adhere to the following:
1.
Facades that face streets or face pedestrian walkways that have more than one (1) storefront shall be subdivided and proportioned using at least one (1) or more of the following features: windows, arcades, arbors, awnings (over windows or doors), changes in color or materials, distributed along the facade at least once every twenty-five (25) feet.
F.
Buildings that contain two (2) uses shall include at least a minimum twenty-five percent (25%) of non-residential space, and shall not exceed seventy-five percent (75%) residential space. The street level floor of a building with two (2) uses shall be required to be a permitted as a non-residential use. Single-family cannot be standalone. Single-family can only be located above a non-residential level.
G.
Developments that contain a residential use shall also contain non-residential uses either within the same building, or a separate building. Residential shall not be the only use within the development.
H.
Drive-Throughs And Drive-Ups.
1.
Drive-Up Windows. The drive-up window shall be placed on non-street facing sides.
I.
Parking.
1.
All off-street parking for townhouses and multi-family buildings shall be located to the side or rear.
2.
A minimum of fifty percent (50%) of the required surface parking shall be located at the rear of the building.
3.
Shared parking shall be permitted as approved by the Director along with a recorded parking agreement between the owners.
4.
Developments shall provide parking for bicycles at a minimum of one (1) bicycle space per twenty (20) parking stalls.
5.
Loading areas shall be located in the rear or side yards.
J.
Trash Receptacles.
1.
The tenants and occupants of the development shall be serviced by one (1) communal trash receptacle area.
2.
Outside trash receptacles shall be fully screened by an enclosure that matches the development's building materials.
3.
Trash receptacles and enclosure shall be located in the side or rear of the property.
4.
Property owners must maintain the property in a clean and sanitary condition. The owner shall be responsible for the disposal of any litter on the premises.
Section 405.380 Retired. [Zoning District "M" Mobile Home District.]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 14-016 §13, 4-21-2014; Ord. No. 23-028, 4-3-2023]
A.
Retired. [Use Regulations. All buildings and land within a "M" zoning district shall be limited to the following primary uses:]
1.
[Mobile homes and manufactured homes.]
2.
[Accessory buildings customarily incidental and subordinate to the use of mobile homes. Buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within the zoning district.]
B.
Retired. [Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Title and approval by the Planning and Zoning Commission:]
1.
[Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:]
a.
[The property must be a single tract or parcel consisting of no less than one-half (½) acre.]
b.
[Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.]
c.
[Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.]
d.
[The property must consist of a single tract or parcel not divided by any street, alley or other property.]
e.
[An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.]
f.
[Principal entryways must be clearly defined by architecturally treated entry gates.]
g.
[Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.]
h.
[No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.]
i.
[No signs shall be permitted to be attached to or hung from the required screening.]
j.
[Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.]
k.
[The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.]
C.
Retired. [Design Standards.]
1.
[A mobile home district shall be no less than three (3) acres in total area.]
2.
[Each mobile home in a mobile home district shall occupy a designated space having at least thirty-five hundred (3,500) square feet of lot area.]
3.
[Each mobile home space shall have a width of at least forty (40) feet, exclusive of common driveways.]
4.
[Each mobile home space shall abut a driveway within the park. Said driveways shall be graded and surfaced with not less than four (4) inches of crushed stone or other suitable material on a well compacted subbase to a continuous width of twenty-five (25) feet, exclusive of required parking spaces.]
5.
[Two (2) off-driveway parking spaces with not less than four (4) inches of crushed stone or other suitable material on a well compacted subbase shall be provided for each mobile home space. Required parking spaces may be included within the three thousand five hundred (3,500) square feet required for each mobile home space.]
6.
[At least two hundred (200) square feet of recreation space for each mobile home space shall be reserved within each mobile home park as common recreation space for the residents of the park. Such areas shall, along with driveways and walkways, be adequately lighted for safety.]
7.
[No mobile home or other structure within a mobile home district shall be closer to each other than thirty (30) feet, except that storage or other auxiliary structures for the exclusive use of the mobile home may be no closer to another home than twenty (20) feet.]
8.
[No mobile home shall be located closer than thirty (30) feet to the exterior boundary of the district of a bounding street right-of-way. Buildings used for laundry or recreation purposes shall be located no closer than forty (40) feet to the exterior boundary or the right-of-way of a bounding street.]
9.
[Plans clearly indicating the developer's intention to comply with the provisions of this Section shall be submitted to and approved by the Planning and Zoning Commission. Such plans must be drawn to a scale of not less than one (1) inch equals fifty (50) feet by a registered engineer, professional land use planner or registered land surveyor. Such plans must show the area to be used for the proposed mobile home park district; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways and off-street parking spaces; the location of mobile home spaces, recreation areas and service buildings; the location of sanitary conveniences including toilets, laundries and refuse receptacles; the proposed plan of water supply, sewage disposal and electric lighting. The Planning and Zoning Commission shall have the authority to impose such reasonable conditions and safeguards on the proposed development as it deems necessary for the protection of adjoining properties and the public interest.]
10.
[Buffer. A landscaping buffer meeting the requirements of this Title shall be installed along all rear and side property lines.]
11.
[A steel cable with a minimum diameter of one-fourth (¼) inch shall be securely attached at all corners of each mobile home to a concrete anchor which extends at least twenty-four (24) inches below the surface of the ground.]
12.
[Any expansion of mobile home parks in existence on the effective date of this Chapter shall comply with the provisions of this Section.]
Section 405.390 Zoning District "O-W" Office Warehousing.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-022 §§1 — 2, 8-15-2011]
A.
Intent. This district is intended to provide for warehousing, including wholesaling, retailing and basic office uses. Uses except for parking shall be conducted within a closed building. No use which involves manufacturing will be permitted.
B.
Permitted Uses. All buildings and land within an "O-W" zoning district shall be limited to the following uses:
1.
Dedicated warehousing. Warehousing establishments and places of business.
2.
Storage. Mini-storage facility and/or outdoor storage facilities, primarily for the storage of goods and materials.
3.
Trades and services. Establishments engaged primarily in providing products and services completely indoors related to HVAC, plumbing, mechanical and electrical services.
C.
Non-Permitted Uses. All buildings and land within an "O-W" zoning district shall not allow the following uses:
1.
Assembly use. The use of a building or structure or a portion thereof for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation.
2.
All those uses permitted within "A-1," "R-1A," "R-1B," "R-1C," "R-1D," "R-SF1," "R-SF2," "R-1P," "R-2," "R-3," "R-4," "C-2," "C-4," "I-1" and "M."
[Ord. No. 23-028, 4-3-2023]
D.
Conditional Uses.
1.
Conditional uses requested by application will go before the Planning and Zoning Board for recommendation to the Board of Aldermen, which shall include any conditions established for the request due to the individual unique characteristics of the property and proposed use.
2.
Cell towers (see Section 405.500(H)).
3.
Cemeteries. Cemeteries shall be a conditional permanent use and shall address the unique requirements of cemetery uses in a manner conducive to the public health, safety and general welfare and in accordance with the Comprehensive Plan of the City. Cemeteries shall only be allowed when all of the following conditions have been met:
[Ord. No. 14-016 §14, 4-21-2014]
a.
The property must be a single tract or parcel consisting of no less than one-half (½) acre.
b.
Only endowed cemeteries will be permitted, and, prior to approval, the applicant must comply with all relevant Missouri statutory requirements.
c.
Prior to approval the applicant shall show documentary proof from the Christian County Health Department that the proposed cemetery will meet all health standards required by the laws of the State of Missouri.
d.
The property must consist of a single tract or parcel not divided by any street, alley or other property.
e.
An administrative site plan approval, as set forth in Ch. 410, Art. VI, Administrative Procedures, will be required prior to the issuance of any building permit for any cemetery-type structure or prior to the interment of any deceased person.
f.
Principal entryways must be clearly defined by architecturally treated entry gates.
g.
Around the property lines of all cemeteries a ten-foot-wide strip of land shall be devoted to a buffer between the cemetery and the adjacent property, including street rights-of-way. This buffer shall contain a decorative fence, wall or hedge which is a minimum of four (4) feet in height and a maximum of eight (8) feet in height. Fence details and landscaping plans for the buffer strip shall be submitted and approved with the required administrative site plan.
h.
No signs shall be permitted except for the following: cemetery identification sign which must be monument style, directional signs, signs displaying the hours and days of operation, signs displaying rules and regulations, headstones or other memorials.
i.
No signs shall be permitted to be attached to or hung from the required screening.
j.
Access to the cemetery shall be from a dedicated public street, and all driveways and internal streets shall conform to the standards set forth in Section 410.040 of this Title.
k.
The site plan shall provide for a minimum of one (1) parking space per acre of the cemetery. In addition parking spaces shall be provided for cemetery structures and/or employees when applicable.
4.
Crematories for the disposal of deceased human and animal remains.
[Ord. No. 21-007, 2-1-2021]
E.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article V of this Chapter.
F.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.420 of this Chapter.
G.
Landscaping Requirements. Landscaping shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
Section 405.410 Planned Development Regulations.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-038 §1, 12-6-2010; Ord. No. 14-016 §15, 4-21-2014; Ord. No. 23-028, 4-3-2023; Ord. No. 26-028, 4-6-2026]
A.
Definition. Planned Development — Planned Development ("PD"), also referred to as a Planned Unit Development ("PUD") is a stand-alone zoning district and method of zoning whereby a separate set of land use regulations are prepared for a specific tract of land which govern the development of that land. The intended purpose of which is to provide a more livable environment and is accomplished by specific design standards which permit modifications to the traditional standards.
B.
Purpose And Intent. The purpose and intent of the Planned Development regulations are to encourage more creative and imaginative design than would otherwise be possible under conventional zoning. Proposals aimed at circumventing the City's Zoning Code by seeking increased density or development intensity without improving the community or project through increased development quality or public improvement shall not be considered. The City should furthermore only consider Planned Development proposals that are compatible with the principles of the City's Comprehensive Plan and achieve the following community design goals and objectives:
1.
Provide for the compatible and integrated development of two (2) or more different land uses to collectively establish an identifiable and memorable place within a single or multiple parcels, tracts, or lots to be developed in one (1) or more phases, as part of one (l) Planned Development Project.
2.
Facilitate integrated use with private and public improvement plans in a creative way that would not otherwise be possible without multiple zoning and platting submissions.
3.
Facilitate innovative design that discourages piecemeal development, solves problems on difficult sites, reduces conflicts with adjoining properties, meets market niches, encourages integration of housing of different forms, accommodates demographic shifts and lifestyles, promotes well-designed developments, and encourages infill and redevelopment.
4.
Prioritize quality design above use through allowances for greater flexibility in the design of open space, buildings and placement, infrastructure, and the relationship of roads, sidewalks, and trails to adjacent uses than would otherwise be possible through the strict application of district regulations.
5.
Place a greater emphasis on creating unique residential, retail, business, and recreational experiences through planning and management of key transportation corridors, trails, recreational venues, and destinations.
6.
Ensure the pattern of development embraces, promotes, preserves, and enhances the natural terrain as well as public and private urban forests, including the preservation of old growth forests, indigenous trees, existing wooded spaces, in addition to outstanding natural topography, geologic features, and prevention of soil erosion.
7.
Propose more efficient use of land resulting in smaller networks of utilities and streets, thereby lowering building costs.
C.
Approval Of A Planned Development District. Approval shall constitute a Zoning Code amendment, which will supersede all existing and prior zoning classifications. A Planned Development shall be designated by the abbreviation "PD," followed by the year adopted, as well as a sequential zoning case number, such as "PD-26-0001." The zoning amendment shall result in the creation of a new site-specific zoning district, with requirements that are unique to a Planned Development.
Any requirements that are not specifically altered in the Preliminary Development Plan shall comply with the Municipal Code of the City of Ozark. All altered standards shall be justified by qualitative and quantifiable findings that support the objectives outlined in Subsection 405.410(A), Purpose And Intent. The specific requirements and design standards shall be made part of a Planned Development Code, as an extension of the City Zoning Code and enforced as a part of this Section.
D.
Procedures. The following three-step procedure for rezoning to a Planned Development District shall be as required for any other zoning map amendment in this Chapter, with the additional requirements specified below:
1.
Pre-Application Requirements. These requirements are intended to provide opportunities for the applicant to explore issues and receive informal feedback associated with the proposal prior to the expenditure of significant resources in the development of any design plans. This phase shall include the following:
a.
Pre-Application Conference. The applicant shall meet with Planning and Development and Public Works staff to review and discuss aspects of the proposal, including, but not limited to, the proposed uses, public and private improvements, site context, and its potential impacts of the project, and initial design direction.
b.
Concept Plan And Presentation. The applicant shall prepare and submit a Concept Plan for review to the Planning and Zoning Commission at a regularly scheduled meeting ("Concept Plan Presentation"). At the Concept Plan Presentation, no formal action will be taken by the Planning and Zoning Commission. Concept Plan submittals shall include contextual information such as topography, photos of the site and surrounding properties, and a discussion of the initial design direction including the basic layout with locations of uses, road network, stormwater locations, as well as the approximate density. The Planning and Zoning Commission will review the Concept Plan and accompanying presentation in reference to the objectives identified in Subsection 405.410(A), Purpose And Intent, as well as the other requirements of this Section 405.410, Planned Development Regulations, and provide recommendations and guidance to the applicant. The Planning and Zoning Commission may request that additional materials be submitted to assist in communicating the nature of the site and its context.
(1)
The applicant may submit a request to the Community Development Director that the Concept Plan Presentation requirement be consolidated with the Preliminary Development Plan submittal.
(2)
Based on the scope of the Planned Development, the Community Development Director can require that the Concept Plan Presentation also be presented to the Board of Aldermen.
(3)
At the Concept Plan Presentation, the applicant shall make preliminary commitments to establish the "quality of the proposed project" that will make the case for increased density and housing variety and placement.
2.
Preliminary Development Plan.
a.
Purpose. The Preliminary Development Plan is intended to provide the applicant with an opportunity to submit a plan refining the Concept Plan prior to the preparation of detailed development plans or engineering drawings. In order to permit the City and the applicant to proceed with some assurance, approval of the Planned Development Zoning and Preliminary Development Plan binds the applicant with respect to the following development constraints:
(1)
Categories of uses, or mixture of uses, to be permitted.
(2)
Overall maximum density of residential uses and intensity of non-residential uses.
(3)
General location of vehicular and pedestrian circulation systems.
(4)
General location and extent of public and private open space, amenities, and areas set aside for preservation.
(5)
General location of residential and non-residential land uses.
(6)
Phasing or staging of development.
b.
Requirements. Upon applying for a Preliminary Development Plan approval, applicants shall submit the following information:
(1)
Description of the general intent and character of the intended development and how the proposed development will achieve a more creative and imaginative design than is generally possible under conventional zoning.
(2)
Narrative, including tables, outlining the proposed zoning text, along with a description of the proposed residential, non-residential, or mix of uses, accessory uses, minimum lot dimensions, bulk, height, scale and massing, design requirements, and other relevant standards.
(3)
Map(s), aligning with the narrative, that depict the general area of proposed uses.
(4)
Map(s) of the project area, illustrating its relationship to surrounding properties, existing topography, key features, and existing buildings and structures.
(5)
Narrative and map(s) of the proposed circulation systems (vehicular, pedestrian, and bicycle) by type, and how they relate and connect to the existing network beyond the site. The map(s) shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions.
(6)
Outline of the proposed organizational structure related to homeowner/property owners' associations.
(7)
Map(s) of areas proposed to be dedicated to the public or a homeowner/property owners' association, and a narrative describing the use, improvements, and nature of the dedication.
(8)
Narrative and map(s) of the proposed phasing plan, including a schedule indicating the approximate dates when construction of the public improvements can be expected to begin and be completed.
(9)
Narrative of the design standards of the signage plan for residential and non-residential areas, including standards regulating size, height, frequency, location, illumination, aesthetics, materials, and overall quality.
(10)
Narrative of planned landscaping, street trees, buffer yards, screening, or tree preservation plan.
(11)
When a major alteration to a Preliminary Development Plan is submitted for approval that does not encompass the entire Planned Development District, the applicant shall submit information for consideration that describes the impact the proposed alteration will have on the implementation of the rest of the approved district.
c.
Individual Site Development Requirements. A site plan of the proposed project showing sufficient detail to make possible the evaluation of the standards for approval as set forth in reference to the objectives detailed in Subsection 405.410(A), Purpose And Intent, shall be included, along with the following:
(1)
Narrative describing and map(s) depicting the proposed uses, including the general location of parking facilities, in relation to existing buildings, rights-of-way, or adjoining development, and a narrative of use restrictions and design standards.
(2)
Design standards shall reflect signage, parking, landscaping, screening, buffer yards, material usage, building orientation, roof design, and any required or restricted building elements, such as porches, garages or carports, fences, or accessory structures.
d.
Density Calculations. The maximum allowed density, as otherwise allowed by the corresponding zoning district(s) and use(s), for the entire area or subarea(s):
(1)
The maximum density allowed shall not exceed that of the underlying district, by more than twenty-five percent (25%) unless an equivalent contribution of land or improvement value is dedicated for public use; the justification of which shall align with Subsection 405.410(A), Purpose And Intent.
(2)
Residential density for the project as a whole or for sub-areas and/or components of the project may be increased based on a commitment for additional community design elements or public improvements, not otherwise required by code or by adopted plans. The following schedule shall serve as a guide to calculate proposed density increases:
Approximate Density Increase | Additional Community Design Elements or Public Improvements |
|---|---|
3 percent | Placemaking — Entry monuments, gateways, public art, fountains, enhanced streetscapes, and decorative crosswalks, street signage, and streetlighting. |
5 percent | Sidewalks and Trails — Multi-use paths, tree lawns, trail heads, and improved connectivity. |
5 percent | Residential and Non-Residential Architectural Design Standards — Material restrictions, window and door orientations, required porches or structural elements, recessed garages, unique elevation designs, and material variations, rhythms, and repetitions. |
5 percent | Landscaping — Street trees, enhanced screening, evergreen and native species, and alternative use mitigation. |
5 percent | Streets and Thoroughfares — Traffic calming measures, roundabouts, alleyways, and medians. |
1 percent | Parking — Reduced and shared, orientation, and relationship to adjacent streets. |
5 percent | Parks/Amenities — Clubhouses, activity spaces, inclusive play, pools, pickleball courts, playgrounds, community gardens, and dog parks. |
3 percent | Stormwater and Floodplains — Green infrastructure, off-site and regional preservation strategies. |
3 percent | Utilities — Off-site capacity and collection improvements. |
e.
Approval Process For A Preliminary Development Plan. The decision process for approval of a Preliminary Development Plan, including any major alteration to an approved Preliminary Development Plan, shall be as specified in Subsection 405.870, Amendment Hearing Guidelines, including a recommendation by the Planning and Zoning Commission and action by the Board of Aldermen, with the following additional requirements:
(1)
The Planning and Zoning Commission shall review the Preliminary Development Plan and shall make a recommendation to the Board of Aldermen with specific findings regarding the design objectives detailed in Subsection 405.410(A), Purpose And Intent.
(2)
In making its determination regarding approval of the Preliminary Development Plan, the Planning and Zoning Commission and Board of Aldermen shall consider the following:
(a)
Compatibility of residential densities with other uses in the district as well as outside the district, including the impact of residential densities on public facilities and services.
(b)
Adequacy of existing facilities, timely provision of adequate facilities, impact of the proposed development on existing and/or planned facilities, and overall costs to the community.
(c)
Classification and function of the proposed thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns.
(3)
Approval of a Planned Development and a related Preliminary Development Plan, including an amendment to a previously-approved Preliminary Development Plan shall establish the basic right of use and plan for development for the area outlined in the application for a Planned Development. However, the Preliminary Development Plan shall be conditioned upon approval of a Final Development Plan and shall not allow any of the uses or development to proceed as proposed until a Final Development Plan is submitted and approved for all or a portion of the Preliminary Development Plan.
(4)
Approval of the Preliminary Development Plan shall establish zoning authority for continuation and maintenance of existing uses, buildings and structures on the property until the Final Development Plan is approved. The approval of a Preliminary Development Plan shall remain effective for a period of five (5) consecutive years from the date of approval by the Board of Aldermen. If the applicant fails to submit a Final Development Plan within five (5) years, the property shall retain the Planned Development zoning, however the Preliminary Development Plan shall automatically expire. If the applicant desires to continue development, a new application for a Preliminary Development Plan shall be required.
(a)
The Community Development Director, or his/her designee, has the discretion to extend the effective period of the Preliminary Development Plan approval, if there is a current development application under review, illustrating that progress is being made.
3.
Final Development Plan.
a.
Purpose. The Final Development Plan is intended to particularize, refine, and implement the Preliminary Development Plan.
b.
Requirements. Applicants shall submit the following information upon applying for a final development plan:
(1)
An accurate map of the area covered by the final development plan including the relationship to the overall Preliminary Development Plan if developed in phases.
(2)
The pattern of public and private roads, driveways, walkways and parking facilities, traffic projections, and traffic mitigation measures.
(3)
A detailed lot layout and subdivision plan, when submitted in concert with a preliminary plat, administrative subdivision, or development plan application.
(4)
The utilities serving the project, including sanitary sewer and water mains.
(5)
A grading plan and storm drainage system.
(6)
The location and treatment of open space areas and recreational or other special amenities.
(7)
The location and description of any areas to be dedicated to the public.
(8)
A landscape plan and plant list.
(9)
A construction schedule indicating the approximate dates when construction of the project can be expected to begin and be completed.
(10)
A specific zoning text for the portion of the Planned Development District to be developed under the Final Development Plan, including a description of the proposed land uses, their dimensions, bulk, height, scale and massing, design standards, and other relevant standards, which shall be consistent with the zoning text approved with the Preliminary Development Plan.
c.
Approval Process For A Final Development Plan. The application and review process for approval of a Final Development Plan, including any alteration to an approved Final Development Plan shall be as follows:
(1)
Final Development Plan approval shall be required for any impacted area, lot(s), or designated phase(s) of an approved Preliminary Development Plan.
(2)
The Final Development Plan must substantially conform to the approved Preliminary Development Plan, or the applicant will be required to resubmit the Preliminary Development Plan for approval by the Planning and Zoning Commission and Board of Aldermen, as specified in the Subsection 405.410(D), Procedures.
(3)
The Final Development Plan applications shall be administratively reviewed and approved in concert with other applicable applications, including, but not limited to, a preliminary plat, public improvement plans, and new construction permits, for substantial conformance with the approved Preliminary Development Plan.
(4)
The Community Development Director may refer to any request for a Final Development Plan approval that is not found to be in substantial conformance to the Preliminary Development Plan, to Planning and Zoning Commission for an advisory recommendation and/or approval.
E.
Determining Substantial Conformance. If the Final Development Plan departs from the Preliminary Development Plan in any of the following ways, the Community Development Director shall determine that the Final Development Plan does not substantially conform to the Preliminary Development Plan:
1.
A decrease in the minimum setback or bufferyard width adjacent to a dissimilar use or comparable zoning district on an adjacent property.
2.
An increase in the maximum density, by more than two percent (2%) from that approved in the Preliminary Development Plan, in exchange for additional or comparable increase of the area approved for public and/or private open space.
3.
A decrease of more than five percent (5%) in the area approved for public and/or private open space or a change to the general location of such areas, unless it results in a negligible impact, as found in Subsection 405.410(A), Purpose And Intent.
4.
The relocation of approved transportation, sidewalk, trail, or utility service or conveyance elements to any extent that would decrease the ability of such elements to function efficiently, adversely affect their relation to surrounding lands and circulation elements, or would reduce their effectiveness as buffers or amenities.
5.
The significant alteration or arrangement of land uses, which results in increased friction or conflict with existing, less intense, or comparable land use on adjacent property.
6.
Any alteration or change that violates a provision of the Codes and ordinances applicable to Planned Developments or represents a significant departure from the approved Preliminary Development Plan in any other manner which the Planning and Zoning Commission or Board of Aldermen shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed Planned Development.
7.
The approved phasing plan is altered in a way that adversely impacts or creates a nuisance or hardship for adjacent property owners and/or impedes the City's ability to efficiently provide services or plan for sustainable future growth.
Section 405.420 Dimensional Requirements (Setbacks).
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-003 §3, 2-1-2010; Ord. No. 21-100, 12-6-2021; Ord. No. 23-028, 4-3-2023; Ord. No. 23-082A, 12-4-2023; Ord. No. 25-085, 12-1-2025]
The following dimensions shall be observed:
District | Min. Depth of Front Yard in Feet | Min. Width of Side Yard in Feet | Min. Depth Rear Yard in Feet | Min. Lot Area per Family in Sq. Feet | Min. Lot Width in Feet(3) | Min. Lot Size in Sq. Feet |
|---|---|---|---|---|---|---|
"A-1" General Agriculture | 35 | 20 | 35 | 1 acre | 150 | 1 acre |
“R-SF1” Single-Family | 25 | 10 | 20 | 8,000 | 50 | 8,000 |
“R-SF2” Single-Family | 10(6) | 5(7) | 10(7) | N.A.* | 40 | N.A.* |
"R-1A" Single-Family Estate | 25 | 15 | 25 | 20,000 | 100 | 20,000 |
"R-1B" Single-Family | 25 | 10 | 25 | 15,000 | 80 | 15,000 |
"R-1C" Single-Family | 25 | 10 | 20 | 10,000 | 70 | 10,000 |
"R-1D" Single-Family | 25 | 7 | 20 | 7,000 | 50 | 7,000 |
"R-1P" Single-Family | 25 | 10(4) | 20 | 5,000 | 50 | 5,000 |
"R-2" Two-Family | 25 | 10 | 20 | 5,000 | 60 | 10,000 |
"R-3" Medium Density Multi-Family | 25 | 15 | 25 | 2,500 | 80 | 20,000 |
"R-4" High Density Multi-Family | 25 | 20(1) | 25 | 2,000 | 80(2) | 20,000 |
"C-2" General Commercial | 25 | 5 | 30 | N.A.* | None | 500 |
"C-4" Central Business | None | None | None | N.A.* | None | None |
"GM-U" General Mixed-Use | 10 | 5 | 10 | N.A. | None | None |
"I-1" Industrial | 35 | 20 | 35 | N.A.* | None | None |
"M" Mobile Home | N.A.* | N.A.* | N.A.* | 3,500 | N.A.* | 3 acres |
"OW" Office Warehousing | 25 | 5 | 30 | N.A.* | None | None |
* | Not applicable. | |
Numbers in parentheses refer to the following additions or modifications to the aforementioned dimensional requirements. | ||
1. | Lots located within an "R-4" High Density Multi-Family District shall have minimum side yards of twenty (20) feet each where the dwellings located thereon do not exceed two (2) stories. An additional three (3) feet per side yard will be required with each additional story. | |
2. | Lots located within an "R-4" High Density Multi-Family District shall have a minimum width of eighty (80) feet, however, the width shall be increased by ten (10) feet for each additional building exceeding five (5). | |
3. | The minimum lot width shall be measured at the property line which abuts a street. Lots which have road frontage on a cul-de-sac shall have a minimum width of forty-five (45) feet at the property line which abuts the cul-de-sac, except for "R-1P" districts which shall have a minimum thirty-five (35) foot frontage on a cul-de-sac. | |
4. | In the "R-1P" District, the common wall of the dwelling unit shall be placed on the common property line with a zero (0) setback and the setback on the other side property line shall be a minimum of ten (10) feet. | |
5. | Lots located within a "GM-U" General Mixed-Use District shall have a maximum building height of forty-five (45) feet and a Floor Area Ratio (FAR) of 2.5-1. | |
a. | Buildings that exceed forty-five (45) feet shall have an additional one (1) foot setback for each additional foot in height. | |
6. | Lots located within an “R-SF2” Enhanced Single-Family District shall have a maximum setback of fifteen (15) feet from the property line which abuts a street. | |
7. | Refer to adopted Fire Code for minimum distance between structures. | |
Section 405.430 Downtown Single-Family Overlay District.
[Ord. No. 25-084, 12-1-2025]
A.
Purpose. The Downtown Single-Family Overlay District is hereby established for the purpose of resolving a conflict between current minimum lot size and setback requirements and those properties that were developed prior to the adoption of said standards.
B.
Boundaries. The Downtown Single-Family Overlay District boundary is generally described as an area bordered by West and East South Street on the south; S. 12th Avenue, S. 11th Avenue, South 10th Avenue, and the eastern and northern boundaries of Eastland Heights Addition subdivision on the east; E. Jackson Street, W. Jackson Street, and the southern boundary of the Finley River on the north; and the western boundary of Bronson's Addition, the boundaries of Spring Park Addition, and South 9th Street on the west. Said Downtown Single-Family Overlay District boundary is more accurately reflected on the Downtown Single-Family Overlay District Map which is on file with the City Clerk.
C.
Regulations. For any single-family residentially zoned property, regardless of the single-family zoning, within the Downtown Single-Family Overlay District, the following shall apply:
1.
The minimum lot size shall be five thousand (5,000) square feet;
2.
The minimum front yard setback shall be fifteen (15) feet for any habitable space and twenty-five (25) feet for garages or attached carports;
3.
The minimum side yard setback shall be five (5) feet;
4.
The minimum rear yard setback shall be twenty (20) feet; and
5.
The minimum lot width shall be forty (40) feet;
6.
A reduced side and/or rear yard setback may be approved by the Planning and Zoning Commission if the following circumstances apply:
a.
The side and/or rear yard setback is only applicable to situations where there is an intervening area such as a unique unimproved alley, street, road, or public easement between neighboring lots, that would otherwise be adjacent to one another;
b.
The reduction would only apply to uninhabitable spaces, such as open-air patios, porches, carports, awnings, or detached accessory structures, as defined in Section 405.070;
c.
The setback reduction shall apply to the extent of the structure, such as a roof eave, gutter, steps, railing. etc.; and
d.
Proof of consent from all adjacent property owners is required prior to consideration by the Planning and Zoning Commission.
Section 405.451 Relationship to Underlying Zoning District/Sign/Planned Unit Development Regulations.
[Ord. No. 16-016 §2, 4-18-2016]
A.
In the event of a conflict between the entitlements, regulations or standards established in Sections 405.451 through 405.455 and the equivalent provisions in the underlying zoning districts, the provisions of Sections 405.451 through 405.455 shall govern. Except for such preemption set forth above, the underlying zoning district provisions and all other provisions of the Code of Ordinances of the City of Ozark shall be applicable and enforced within any given Overlay District.
[Ord. No. 17-026 § 3, 5-15-2017]
B.
For the purpose of applying the regulations set forth in Chapter 407, Signs, of this Title in an Overlay District, the underlying zoning district classifications shall be utilized within the Overlay District to differentiate between residential and business area regulations.
C.
The Overlay District shall have no application to those properties zoned PUD until and unless such properties are rezoned.
Section 405.452 Core Overlay District Established.
[Ord. No. 16-016 §2, 4-18-2016]
A.
Purpose. The Core Overlay District (COD) is established to provide for a transition of uses between the Downtown Core District and nearby uses, which surround the downtown. It is the intent of the COD to encourage intense development and pedestrian activity through a mixture of uses appropriate to the downtown area. The standards of the COD are established to provide for a vital downtown economy that maintains and cultivates downtown Ozark's focus as a commercial, cultural and entertainment hub of the region while increasing livability.
B.
Boundaries. The Zoning Map of the City of Ozark is hereby amended by the addition of the Core Overlay District classification within the C-4 Zoning District. The general area of the Core Overlay District is bounded by Brick Street on the North; Oak Street on the South; 3rd Avenue on the East and 3rd Street on the West. The extent and limits of the Core Overlay District is depicted in the map appended to this bill (Appendix 1). In the event of a discrepancy between the Core Overlay District Map and the Zoning Map of the City of Ozark, the latter shall control. The underlying zoning district classification of properties within the Core Overlay District is unchanged by this map amendment.
C.
Design Standards. The following design standards shall apply for any new development within the Core Overlay District:
1.
Parking lot screening. Parking lots shall be screened from adjacent streets by a ten-foot landscape easement containing any of the following:
a.
Landscaping, primarily trees and shrubs. Twenty (20) shrubs and two (2) trees for every one hundred (100) feet of the front lot line or portion thereof. Species as set forth in Chapter 405, 405.700, Landscape Plan Submittal Requirements.
b.
A combination of shrubs and berms, not to exceed a three-to-one (3:1) slope.
c.
Low, decorative wall not to exceed thirty (30) inches in height, or twenty-four (24) inches high when combined with landscaping, for the purposes of reducing glare from vehicle headlights.
d.
Screening shall not block views between thirty (30) inches in height above sidewalk grade and six (6) feet above the sidewalk for security purposes.
2.
Additional requirements for off-street parking. In addition to the requirements set forth in Chapter 405, 405.610, Off-Street Parking General Requirements, all off-street parking shall provide a five (5) foot minimum clear and marked path for exclusive use of pedestrians leading from the perimeter of the parking area to any public sidewalk. Paths shall be delineated with a change in paving, pavement markings, landscaping, or hardscape.
3.
Sidewalks on public right-of-way. Where walkways must be at grade (such as to accommodate ADA paths of travel) the walkway must be differentiated from the paving of the parking lot by contrasting pavement such as pavers or stamped, colored concrete, or by painted stripes.
4.
Sidewalks on private land. When a sidewalk on private land serves as an extension of the public sidewalk, it shall comply with sidewalk requirements and be harmonious with the design of the public sidewalk as determined by the City.
5.
Lighting.
a.
All exterior lighting, building and parking lot lights, and landscape lighting, shall be directed away from adjacent highways, streets and properties so that no light is cast on adjoining properties or public roadways.
b.
No light standards utilized for the illumination of parking areas shall exceed twenty-five (25) feet in height. No other light standard shall exceed eighteen (18) feet in height.
c.
All parking areas and walkways shall be illuminated so as to produce a minimum uniform illumination of two (2) foot candles within said area but no more than five tenths (0.5) foot candles at the property line.
6.
All HVAC, rooftop, wall mounted mechanical equipment and/or other utility hardware on roofs, ground, or buildings shall be screened and incorporated into the overall mass of a building by screening it behind parapets, integrating equipment into roof forms, utilizing landscape materials harmonious with the building, or they shall be located so as not to be visible from any public ways. Plain boxes are not acceptable as screening devices.
7.
Elevations required. Building elevations for each development as defined in 405.330(E), (F), shall be submitted to the Planning and Development Department for review and approval. These elevations shall show the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of eleven (11) inches by seventeen (17) inches in dimension and be of reasonable quality. A file ready (approximately eight and one-half (8 1/2) inches by eleven (11) inches size) copy of the rendering must be submitted to the City and kept for a permanent record.
D.
Additional Conditional Uses/Restrictions. The following additional conditional uses or restrictions may be required by the Planning and Zoning Commission upon any new development within the Core Overlay District:
1.
Commercial drive-through facilities.
2.
Bail bond establishments.
3.
Transitional shelters/residences.
Section 405.453 Transportation Overlay District Established.
[Ord. No. 16-016 §2, 4-18-2016; Ord. No. 17-026 § 1, 5-15-2017; Ord. No. 18-007, 2-20-2018; Ord. No. 19-018, 3-18-2019]
A.
Purpose. The Transportation Overlay District is established to enhance the economic and aesthetic appeal and orderly development of properties adjacent to major transportation corridors. Certain arterial streets are of critical importance to the Central Business District. Rights-of-way carrying high volumes of traffic are image makers for the City of Ozark. They act as entryways for visitors and residents and also serve as an indicator of the quality of life found in the area. Standards are provided to ensure that thoroughfares in this overlay develop with improved traffic efficiency and safety by reducing visual clutter and avoiding inappropriate site design.
B.
Boundaries. The Zoning Map of the City of Ozark is hereby amended by the addition of the Transportation Overlay District classification within all zoning districts except residential and agriculture zoning. The general area of the Transportation Overlay District is described as an area one hundred (100) feet on either side of the roadway right-of-way, commencing at the intersection of West South Street and United States Highway 65, then east along South Street continuing to the City limits of Ozark. Also from the intersection of South Third Street south along Selmore Road continuing to the City limits of Ozark. Also from the intersection of South Street and South Third Street north along Third Street and turning west into Jackson Street, then along Jackson west continuing to the City limits of Ozark. Also from the intersection of Jackson Street and State Highway NN, north along said State Highway NN to the intersection of State Highways NN and J, then north along North Farmer's Branch continuing to the City limits.
From that intersection, west to Freemont Road and from the forgoing intersection east and north along State Highway NN continuing to the City limits of Ozark. The extent and limits of the Transportation Overlay District are depicted in the map appended to the Section (Appendix 2). In the event of a discrepancy between the Transportation Overlay District Map and the Zoning Map of the City of Ozark, the latter shall control. The underlying zoning district classification of properties within the Transportation Overlay District is unchanged by this map amendment.
C.
Design Standards. The following design standards shall apply for any new development within the Transportation Overlay District:
1.
Lighting.
a.
All exterior lighting, building and parking lot lights, and landscape lighting, shall be directed away from adjacent highways, streets and properties so that no light is cast on adjoining properties or public roadways.
b.
All lighting shall be served with underground cables.
2.
All HVAC, rooftop, wall mounted mechanical equipment and/or other utility hardware on roofs, ground, or buildings shall be screened and incorporated into the overall mass of a building by screening it behind parapets, integrating equipment into roof forms, utilizing landscape materials harmonious with the building, or they shall be located so as not to be visible from any public ways. Plain boxes are not acceptable as screening devices.
3.
Underground Services. In all non-residential areas, all new utility service shall be located underground. Distribution service, if overhead, shall be along the rear property line(s) of the development.
4.
Parking Lot Screening. Parking lots shall be screened from adjacent streets by a ten-foot landscape easement containing any of the following:
a.
Landscaping, Primarily Trees And Shrubs. Twenty (20) shrubs and two (2) trees for every one hundred (100) feet of the front lot line or portion thereof. Species as set forth in Chapter 405, Section 405.700, Landscape Plan Submittal Requirements.
b.
A combination of shrubs and berms, not to exceed a three-to-one (3:1) slope.
c.
Low, decorative wall not to exceed thirty (30) inches in height, or twenty-four (24) inches high when combined with landscaping, for the purposes of reducing glare from vehicle headlights.
d.
Screening shall not block views between thirty (30) inches in height above sidewalk grade and six (6) feet above the sidewalk for security purposes.
5.
Elevations Required. Building elevations and colored renderings for each development as defined in Section 405.330(E), (F) shall be submitted to the Planning and Development Department for review and approval. These elevations shall specify the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of eleven (11) inches by seventeen (17) inches in dimension and be of reasonable quality.
6.
Roof Signs. Roof signs shall not be permitted on any new development within the Transportation Overlay District. Roof signs existing prior to the enactment of this Section may be re-faced. Regular maintenance is allowed. Replacement of a non-conforming sign will not be allowed once an existing sign has been removed.
Section 405.454 Neighborhood Overlay District Established.
[Ord. No. 16-016 §2, 4-18-2016]
A.
Purpose. The purpose of the Neighborhood Overlay District shall be to provide a district that acknowledges the historic character of the area and the pedestrian orientation of the neighborhood by continuing to combine residential uses with small-scale commercial, service and office establishments which are relatively compatible with residential uses.
B.
Boundaries. The Zoning Map of the City of Ozark is hereby amended by the addition of the Neighborhood Overlay District classification within the C-4 Zoning District. The general area of the Neighborhood Overlay District is bounded by the bounds of the Central Business District on the North, South and East and the easternmost boundary of the Transportation Overlay District on the West. In addition the westernmost boundary of the Transportation Overlay District for an eastern boundary and the South, West and North bounds of the Central Business District. The extent and limits of the Neighborhood Overlay District is depicted in the map appended to this bill (Appendix 3). In the event of a discrepancy between the Neighborhood Overlay District Map and the Zoning Map of the City of Ozark, the latter shall control. The underlying zoning district classification of properties within the Neighborhood Overlay District is unchanged by this map amendment.
C.
Design Standards. The following design standards shall apply for any new development within the Neighborhood Overlay District:
1.
Pedestrian access. All residential developments shall be designed with pedestrian access to common ground and adjacent public sidewalks.
2.
Traffic calming. Traffic calming measures, such as neckdowns, chicanes, mid-block diverters, intersection diverters, curb bulbs, and related devices will be considered on a case by case basis, based on safety and appropriateness in the proposed locations, taking into consideration the overall function of the roadway.
3.
Sidewalks on private land. When a sidewalk on private land serves as an extension of the public sidewalk, it shall comply with sidewalk requirements and be harmonious with the design of the public sidewalk as determined by the City.
4.
Underground services. All electric, telephone, voice-over-IP (VoIP), cable, IP-enabled video and other similar services in residential areas shall be located underground.
5.
Designated access and views to river. New and existing streets and/or development shall be required to provide easement access and/or views to the river.
D.
Additional Conditional Uses/Restrictions. The following additional conditional uses or restrictions may be required by the Planning and Zoning Commission upon any new development within the Neighborhood Overlay District:
1.
Businesses operating between the hours of 11:00 P.M. and 6:00 A.M.
2.
Commercial drive-through facilities.
3.
Transitional shelters/residences.
Section 405.455 Highway 65 Corridor Overlay District Established.
[Ord. No. 17-026 § 2, 5-15-2017; Ord. No. 19-017, 3-18-2019]
A.
Purpose. The Highway 65 Corridor Overlay District is established to enhance the economic and aesthetic appeal and orderly development of properties adjacent to Highway 65 within the City limits of Ozark. The Highway 65 Corridor serves as a major gateway leading to, from and within Ozark Missouri. As industrial, commercial and residential land uses exist along this corridor, there is a desire amongst residents of Ozark to provide standards relative to aesthetic appearance and safely along this major highway. As such the intent of this overlay district is to promote a sense of place, provide unified land development regulations and create a visually appealing facade that improves the built environment along the Highway 65 Corridor.
B.
Boundaries. The Zoning Map of the City of Ozark is hereby amended by the addition of the Highway 65 Corridor Overlay District. The general area of the Overlay District is described as an area two hundred fifty (250) feet on either side of MODOT right-of-way.
C.
Design Standards. The following design standards shall apply for any new development or any redevelopment that modifies fifty percent (50%) or more of the existing structure within the Highway 65 Corridor Overlay District:
1.
Building Materials And Architectural Treatments.
a.
Developments shall include architecture elements such as columns, arcades, covered entry-walkways, arches, facade offsets, windows, offset walls, color accent treatments to break up the vertical wall plane, etc.
b.
The exterior wall materials visible from Highway 65 of all non-residential buildings shall conform to the approved materials listed in 405.310, Subsection (D), or an equivalent alternative treatment approved by the Director and shall be based on the use of property and not the property zoning: Commercial Use — one hundred percent (100%) of the wall materials shall conform to 405.310; Office Warehouse Use — fifty percent (50%) of the wall materials shall conform to 405.310; Industrial Use — thirty percent (30%) of the wall materials shall conform to 405.310.
All remaining walls shall conform to the requirements identified in the applicable property zoning ordinance.
c.
The exterior wall materials of all residential buildings visible from Highway 65 shall consist of a minimum of sixty percent (60%) (per vertical wall plane) of the following: brick, pre-cast concrete, natural or precast stone, or tinted glass (or an equivalent alternative treatment approved by the Director). All remaining walls shall conform to the requirements identified in the applicable property zoning ordinance.
d.
Each proposed wall material type and color visible from Highway 65 shall not exceed fifty percent (50%) coverage on any vertical wall plane. (Desired design intent is to provide a variety of material and color creating an aesthetic architectural affect to visually break up the wall.)
e.
Prohibited exterior finishes other than the materials listed in 405.310(B), except on mechanical penthouses and roof screens, are highly reflective, shiny, or mirror-like materials, exposed unfinished foundations, exposed plywood or particleboard, unplastered, corrugated or galvanized metal, exposed standard concrete masonry block, vinyl and aluminum siding.
f.
To the extent the rear and/or side of a building is visible from a public street or an adjacent agriculturally or residentially zoned or developed property, architectural treatments shall continue through the rear and sides of the building.
g.
The principle entry area of a building shall be pronounced and express greater architectural detail than other portions of the building.
h.
Outparcel buildings shall have architectural features consistent with the principal buildings.
i.
Building elevations and colored renderings for each development as defined in 405.330(E), (F) shall be submitted to the Planning and Development Department for review and approval. These elevations shall specify the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of eleven (11) inches by seventeen (17) inches in dimension and be of reasonable quality.
2.
Buffers And Landscaping.
a.
All developments of single-family detached residential subdivisions shall provide a minimum one hundred (100) foot wide natural, undisturbed buffer, except for approved access and utility crossings, improvements, and re-plantings where sparsely vegetated subject to the approval of the City Arborist, along the Highway 65 frontage.
b.
All developments other than single-family residential shall include a minimum fifteen (15) foot wide landscape strip along all public and private streets or right-of-ways when Article IV of the Zoning Resolution otherwise specifies a smaller landscape strip.
c.
Landscape plantings along the Highway 65 frontage for all developments other than single-family residential shall consist of twenty (20) shrubs and four (4) trees for every one hundred (100) feet of Highway 65 road frontage. A variety of overstory, understory, and evergreen trees shall be provided. All remaining property lines shall follow Article VI, Landscaping, Screening and Buffer Yard Requirements.
d.
Approved species as defined in 405.700 shall be planted in all landscaped areas.
e.
Architectural prefabricated concrete residential wall buffers will be considered contingent upon MODOT approval.
3.
Screening.
a.
Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on three (3) sides with opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of twelve (12) inches higher than the receptacle or a minimum of six (6) feet tall. Wall materials shall be non-combustible brick, stone, or split concrete masonry block or architectural materials matching the building. Refuse receptacles shall not be placed within fifty (50) feet of an existing residential or "A-1" Agricultural Zoning District.
b.
Accessory site features located on the ground shall be screened from view from any public right-of-way and/or any residence, residential zoning category, or "AG-1" zoning category by one (1) of the following: placement behind the building, one hundred percent (100%) opaque fencing, berm or vegetative screen planted to buffer standards.
c.
Loading docks and bay doors are limited to encompassing thirty percent (30%) of the total building elevation fronting HWY 65.
d.
Vending machines shall be located inside a building or screened from the view of all public streets in residentially or "AG-1" (Agricultural) zoned or developed properties.
e.
Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only.
4.
Pedestrian Paths.
a.
Sidewalks are required along all public and private road frontages.
b.
Pedestrian paths shall be illustrated on the site plan.
c.
Except in truck loading and parking areas of industrial and warehouse-distribution uses, internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and to adjacent buildings within the same development.
d.
All sidewalks and pedestrian walkways (paths) shall meet applicable Americans with Disabilities Act (ADA) standards.
e.
Pedestrian paths may be constructed of either colored/textured materials or conventional sidewalk materials and shall be clearly identified.
f.
Paths shall be designed to minimize direct auto-pedestrian interaction by such means as sidewalks, striping, and signage.
g.
Paths shall be connected to crosswalks at intersections where applicable.
h.
Street furniture shall be located outside the specified width of any pedestrian path.
i.
Paths and sidewalks shall be connected to green space and open space and connectivity shall be illustrated on the site plan.
j.
Pedestrian paths shall comply with the approved sidewalk design standards.
k.
Multi-use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director when the path is part of the Ozark Trace Bicycle and Pedestrian Plan.
l.
Multi-use paths designed for use by bicyclists and pedestrians shall be ten (10) feet wide at minimum.
m.
Multi-use paths designed with separate paths for bicyclists and pedestrians shall be fifteen (15) feet wide, ten (10) feet for bicycles and five (5) feet for pedestrians.
n.
Paths should be direct and convenient routes between points of origin and destination.
o.
Paths not visible from a public street shall be illuminated.
5.
Parking.
a.
All off-street parking for townhouses and multi-family buildings shall be located to the side or rear.
b.
A minimum of fifty percent (50%) of the required surface parking shall be located at the rear of the building.
c.
The required number of off-street parking spaces may be reduced as approved by the Director.
d.
Shared parking shall be permitted as approved by the Director.
e.
Non-residential developments shall provide parking for bicycles.
f.
Loading areas shall be located in the rear or side yards.
6.
Lighting.
a.
All light fixtures, including security lighting, shall be located, aimed and shielded so that the direct illumination from the fixture shall be confined to the property boundaries of the source so that no light is cast on adjoining properties or public roadways.
b.
Any privately or publicly owned outdoor light fixture with a lamp of initial output over ten thousand (10,000) lumens located within fifty (50) feet of any residential (including multi-family residential) property or public right-of-way shall utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass over the adjacent property or right-of-way line. If an external shield is used, its surface must be painted black to minimize reflections.
c.
All light fixtures that are required to be fully shielded shall be installed in such a manner that the shielding satisfies the definition of a fully shielded fixture.
d.
All lighting shall be served with underground cables.
e.
A photometric plan for open parking lots and paths shall be submitted at the time of application for a building permit.
7.
Tower.
a.
Height of towers shall not exceed one hundred ninety-nine (199) feet.
b.
A wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued.
c.
Water towers shall be painted to blend with the landscape.
d.
Except for safety purposes, water tower lighting shall be allowed only during maintenance periods. Each outdoor light that is not required for safety shall be fully shielded. The safety lighting shall use a type of shielding with a ten degree (10°) cut-off to provide lighting downward.
8.
Utilities.
a.
All on-site utilities shall be underground or as approved by the Director.
Section 405.460 Conditional Overlay District.
[Ord. No. 20-063, 10-5-2020]
A.
Purpose. The conditional overlay district is intended to allow a floating zone to be established as an overlay to a base zoning district, which limits the particular uses to be established in accordance with specific standards and conditions. There are circumstances in which a base zoning district designation allowing such a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of these regulations and the Comprehensive Plan.
B.
Application. The applicant may apply for an amendment to the base zoning classification and jointly apply for a conditional overlay district. Property may be rezoned to a conditional overlay district only in response to and consistent with a petition submitted by the owners of all of the property to be included in the district. A petition for a conditional overlay district must specify the use or uses of the base zoning district that are intended for the property and any conditions that, in addition to all general zoning ordinance requirements, will govern the development and use of the property. A conditional overlay district can only reduce the uses of the base zoning district and not allow any uses not permitted in the base zoning district. If additional uses are desired that are not permitted in the base zoning district, a rezoning to a different base zoning district or a planned development is required. A conditional overlay district may also be used to set density in accordance with the multifamily development location and design guidelines for R-3 and R-4 districts and for planned developments, when multifamily uses are requested.
C.
Required conditions. A conditional overlay district may include some conditions from the following list:
1.
Increased bufferyards and/ or landscaping.
2.
Reduced height.
3.
Increased setbacks.
4.
Increased open space.
5.
Restrictions on operation of the use, including but not limited to, limitations on days of operation, noise level, intensity of use, lighting, and signage.
6.
Increased minimum lot area and dimensions.
7.
Reduced building coverage.
8.
Off-site improvements related directly to the intensity of development.
9.
Modified design requirements.
D.
Mapping. Upon approval, a conditional overlay district shall be noted on the Official Map by the base zoning district designation with the addition of "CO."
Section 405.465 Retired Zoning Districts.
[Ord. No. 23-028, 4-3-2023]
A zoning district that has been designated as “Retired” by the Board of Aldermen shall not be an allowable zoning district for a rezoning application or new zoning application. Should an applicant attempt to select a retired zoning district, the application shall be returned and denied for failure to select a valid zoning district. Nothing in this Chapter shall prohibit the development or redevelopment of property that was zoned as a retired zoning district prior to the retirement of that district. Retired zoning districts are labeled by the word “Retired” and [bracketed] language. The purpose of keeping the retired language within the Municipal Code of the City of Ozark, Missouri, is for reference only.
Section 405.470 Historic Overlay District.
[Ord. No. 21-066, 8-2-2021]
A.
Purpose. The Historic Overlay District and the other historic preservation related regulations of this Code are intended to:
1.
Promote the educational, cultural, economic and general welfare of the public through the conservation, preservation, protection and regulation of historic resources within the City;
2.
Safeguard the cultural, social, political and architectural heritage of the City by conserving, preserving, and regulating historic preservation districts;
3.
Conserve, preserve, and enhance the environmental quality and economic value of historic preservation districts;
4.
Strengthen the City's economic base by promotion of conservation and reuse of the City's historic resources; and
5.
Promote the development of the community in accordance with the comprehensive plan.
Section 405.471 Historic Overlay District - Definitions.
[Ord. No. 21-066, 8-2-2021]
As used in this Chapter, the following terms shall have these prescribed meanings:
DIRECTOR
The Director of the Planning and Development Department or his/her designee.
HISTORIC DISTRICT
An overlay area designated as a "Historic Overlay District" by ordinance of the Board of Aldermen and which may contain within definable geographic boundaries one (1) or more historic structures and which may have within its boundaries other properties or structures which, while not of such historical and/or architectural significance to be designated as a historic structure, nevertheless contribute to the overall visual characteristics of the Historic District.
HISTORIC DISTRICT PERMIT
A permit issued by the Director approving an alteration, construction, repair, removal, or demolition of a historic structure or non-contributing structure within the Historic District.
HISTORIC STRUCTURE
Buildings, landmarks, or other similar constructions that have an archaeological, historical, cultural and/or architectural significance to the City of Ozark which are generally those that meet the National Park Service's National Register criteria for evaluation of historic properties (U.S. DOI, National Park Service's National Register Bulletin 15, also available online at the City website). A structure contributing to the historic significance of a site or district is one that by location, design, setting, materials, workmanship, feeling and association adds to the site's or district's sense of time and place and historical development. A structure not contributing to the historic significance of a site or district is one that detracts from the site's or district's sense of time and place and historical development; or one where the integrity of the original design or individual architectural features or spaces have been irretrievable lost; or one where physical deterioration and/or structural damage has made it not reasonably feasible to rehabilitate the building. Ordinarily, structures that have been built within the past fifty (50) years will not be considered unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than fifty (50) years old.
MAINTENANCE
Any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure of any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay, or damage.
NON-CONTRIBUTING STRUCTURE
Buildings, landmarks, or other similar constructions which are not integral components of the Historic District because it does not date from a time period for which the Historic District is significant, nor does it represent an architectural style, period, or construction method for which the Historic District is significant that are located within the Historic District and do not contribute to the overall aesthetic appeal of the Historic District.
SIGN
Any device visible from a public place that displays either commercial or non-commercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
SITE IMPROVEMENT
Any element or component of outdoor open space, including, but not limited to, signs, fences, walls, retaining walls, gates, sidewalks, walkways, driveways, parking lots, patios, terraces, decks, vegetation and plantings taller than three (3) feet, outdoor furniture, exterior light standards, fountains, statuary, detached signs and other such elements.
STOP WORK ORDER
An order issued by the Director ordering an owner, occupant, contractor, or subcontractor to halt an action for which a Historical District permit is required and notifying the owner, occupant, contractor, or subcontractor of the application process for a Historical District permit.
Section 405.472 Historic Overlay District Boundaries Established.
[Ord. No. 21-066, 8-2-2021]
A.
The Zoning Map of the City of Ozark is hereby amended by the addition of the Historic Overlay District. The general area of the Historic Overlay District is as shown on the following map, said map to be updated quarterly as needed by the Planning and Zoning Commission and Board of Aldermen upon the Director approving Applications for Designation and/or Applications for Removal:
B.
Map shall be on file with the City Clerk.
Section 405.473 Demolition Of Historic Structures To Be Avoided.
[Ord. No. 21-066, 8-2-2021]
Demolition of a historic structure shall be avoided when possible except where there is a reasonable concern for the general health, safety, and welfare of the public.
Section 405.474 Application For Designation Or Removal Of Designation As A Historic Structure.
[Ord. No. 21-066, 8-2-2021]
A.
Application for designation of a historic structure shall be made by owners of record of the real property involved to the Planning and Zoning Commission by submitting the completed application to the Planning and Development Department, on forms approved by the Director and made available on the City's website and at City Hall. Applications must be fully completed prior to being placed on the Planning and Zoning Commission agenda and may be returned if not.
B.
Process For Designation.
1.
The application for designation shall be placed on the next regularly scheduled meeting of the Planning and Zoning Commission, which shall not be more than sixty (60) days from the date the completed application is submitted for consideration. The meeting shall be scheduled, held and conducted to receive the viewpoints of affected property owners, residents and other interested citizens. Notice of the date, time, place and purpose of the meeting and copy of the application for designation shall be sent by regular mail to the owner(s) of record.
2.
The Planning and Zoning Commission shall make a recommendation as to whether the property in the application for designation meets the criteria for designation contained within this Chapter. Said recommendation shall include findings as to which, if any, criteria for designation are met and shall be forwarded to the Board of Aldermen for consideration.
3.
The Board of Aldermen shall hold a public hearing to determine whether the property in the application for designation meets the criteria for designation contained within this Chapter.
4.
After the public hearing, the City Clerk shall provide written notification of the action of the Board of Aldermen by regular mail to the nominator, the owner(s) of property in the application for designation. The notice shall include a copy of the designation ordinance if passed by the Board of Aldermen and shall be sent within fifteen (15) days of the action. A copy of each designation ordinance shall be sent to the City Planning and Zoning Commission and the City Building Official.
5.
Upon adoption of a designating ordinance by the Board of Aldermen, the City shall issue plaques to identify the property as a historic structure, said plaques to conform to the Design Guidelines and be uniform in appearance. Once issued, the plaques shall be displayed on the historic structure.
6.
Upon the designation of the property in the application, the historic district map shall be updated to reflect the designation change.
C.
Removal Of A Designation As A Historic Structure. Application for removal of a designation as a historic structure shall follow the process for application for designation as a historic structure except there must be a showing that the property does not meet the criteria for designation in this Chapter.
Section 405.475 Criteria For Designation As A Historic Structure.
[Ord. No. 21-066, 8-2-2021]
A.
The Planning and Zoning Commission shall conduct such investigation as it deems necessary, make determination as to whether a historic structure for which application is made, meets one (1) or more of the following criteria:
1.
Its character, interest, or value as part of the development, heritage, or cultural characteristics of the community, County, State or Country;
2.
Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit;
3.
Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible;
4.
Its location as a site of a significant local, County, State, or national event;
5.
Its identification with a person or persons who significantly contributed to the development of the community, County, State or Country;
6.
Its embodiment of distinguishing characteristics of an architectural type, valuable for the study of a period, type, method of construction, or use of indigenous materials;
7.
Its identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, County, State or Country;
8.
Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;
9.
Its embodiment of design elements that make it structurally or architecturally innovative;
10.
Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community, or City;
11.
Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance;
12.
Its suitability for preservation or restoration; and
13.
Its potential to yield information important to history and prehistory. Any structure, property, or area that meets one (1) or more of the above criteria shall also have a sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.
Section 405.476 Historic District Permit Required.
[Ord. No. 21-066, 8-2-2021]
A.
All historic structures and non-contributing structures located within the Historic District shall apply for and obtain a Historic District permit prior to beginning any exterior work, including alteration, construction, repair, removal, or demolition of a historic structure.
1.
Application for a Historic District permit shall be called an "Application for a Historic District Permit," and shall be made by the owners of record of the real property involved, on forms approved by the Director and made available on the City's website and at City Hall.
2.
The applicant shall inform City staff when the work subject to the Historic District permit is complete. It shall be the duty of the Director to inspect any work performed in accordance with the Historic District permit to ensure compliance. In the event work is not performed in compliance with the Historic District permit, the Director shall issue a stop work order and all work shall cease until the appropriate Historic District permit is granted. If the property owner does not respond to the stop work order, a notice of violation shall be issued and action shall be taken to gain compliance. No person, firm or corporation shall undertake any work on a project as long as the stop work order is in effect.
3.
Plan Changes. No changes shall be made to the approved plans of a project after issuance of a Historic District permit without resubmittal of a revised Historic District work permit plan to the Director as appropriate for their review and approval.
4.
A Historic District permit shall become void unless construction is commenced within six (6) months of the date of issuance. Any person who fails to complete a project according to the guidelines provided in the certificates shall be deemed in violation of this Chapter.
Section 405.477 Historic District Permit Required To Follow Design Guidelines.
[Ord. No. 21-066, 8-2-2021]
A.
All work performed pursuant to the issuance of a Historic District permit shall conform to the requirements of the Design Guidelines as adopted by the Board of Aldermen and as noted below.
1.
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
2.
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
3.
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
4.
Deteriorated architectural features shall be repaired, rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
5.
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken.
6.
Contemporary design for alterations and additions to existing properties and for new construction may be permitted when such alterations, additions or new construction do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property neighborhood or environment.
7.
Whenever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
8.
Mechanical Equipment. Installation of mechanical equipment on the roof, when necessary, so that it is minimally visible to preserve the building's historic character and setting. Equipment shall be located at the rear of the building when possible and shall not be visible from the street in front of the building or visually dominant from any other street.
Section 405.478 Historic Overlay District - Signs.
[Ord. No. 21-066, 8-2-2021]
A.
Purpose And Intent.
1.
The design, size, number, and placement of signs contribute to the overall environment of the buildings, streetscape, and Historic District. These sign regulations are specifically designated to ensure compatibility and vehicular and pedestrian scale. Public interest is served in ensuring that signs are well designed, carefully placed and properly maintained in accordance with the overall desired character of any historic district, landmark, or property.
2.
It is not the intent of these standards to create uniformity of signage or to inhibit creative initiative. Nothing contained in this Section shall be construed to prohibit an individual from exercising rights protected by the First Amendment to the Constitution of the United States.[1]
[1]
Editor's Note: Former Subsection (A)(3), which immediately followed this Subsection, regarding signs attached to utility poles, etc., was repealed 11-21-2022 by Ord. No. 22-067.
B.
Sign Content. The content of signs is not regulated by this Section, and the content of the message to be conveyed shall not be considered in making decisions pursuant to this Section.
C.
General Provisions. It shall be unlawful to erect, alter, or remove, any sign in the area governed by this Section unless a permit has been issued pursuant to the authority of this Section.
D.
Specific Criteria For Signs:
1.
Signs shall be designed with the appropriateness relative to the services of the establishment served.
2.
Signs shall not be installed on and/or be installed so as to cause irreparable damage to any cornice, ornament, or similar architectural detail, and shall be the least damaging method feasible for the property, building or site. The below image provides a visual representation for use in identifying architectural details.
[Ord. No. 22-067, 11-21-2022]
Storefront Facade Features |
|---|
 |
3.
Signs should be maintained if they are determined to be an original part of a building as it was originally constructed.
4.
[2]All sign attachments shall be designed in such a way that the smallest possible amount of a building's historic fabric is damaged. This includes mounting sign attachments on brick buildings through the masonry joints, rather than through the masonry itself.
[2]
Editor's Note: Former Subsection (D)(4), regarding existing non-conforming signs, was repealed 11-21-2022 by Ord. No. 22-067. This ordinance also redesignated former Subsection (D)(5) as (D)(4).
E.
Design Requirements.
1.
Sign Materials.
a.
Exposed surfaces of signs must be constructed of or appear to be constructed of metal, glass, stone, concrete, brick, cloth, or wood, or similar approved materials. If synthetic materials are authorized, they shall have the same finished appearance as the materials specified in this paragraph.
b.
Plastic substrate, plywood or unfinished wood are not appropriate materials for signs and shall not be permitted.
2.
[3]Illumination Of Exterior Signs.
a.
Internally illuminated signs, and internally illuminated awnings are not appropriate and shall not be permitted.
b.
Neon lighting is not permitted.
c.
No animated, flashing or electronically changeable copy signs shall be permitted.
d.
No colored lights shall be used.
e.
If signs are illuminated, they shall be externally lit. Lighting directed toward a sign shall be shielded or recessed so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or sidewalk.
f.
Individual wall-lighting fixtures projecting beyond property lines may be used providing fixtures are consistent with the period or the design of the building facade; the total wattage per fixture is no more than one hundred (100) watts; the fixture does not emit glare or harsh bright spots; the fixture is mounted no lower than seven (7) feet six (6) inches nor higher than nine (9) feet above the elevation of the ground floor; and the fixture extends from the property line not more than sixteen (16) inches, with no dimensions greater than sixteen (16) inches.
[3]
Editor's Note: Former Subsection (E)(2), Professional Fabrication, and Subsection (E)(3), Shape, were repealed 11-21-2022 by Ord. No. 22-067. This ordinance also redesignated former Subsection (E)(4) as (E)(2).
F.
Wall Signs.
1.
Wall signs shall be mounted flush against the facade of the building. No sign shall be permitted that protrudes more than six (6) inches from the facade.
2.
Wall signs should be located on flat, unadorned parts of the building facade, above the storefront windows and transom.
[Ord. No. 22-067,[4] 11-21-2022]
[4]
Editor's Note: This ordinance also repealed former Subsection (F)(3) and (4).
G.
Canopy And Awning Signs.
1.
Storefront awnings should be positioned both above the display window and below the transom window(s), or above both the display and transom windows but below the signboard area, cornice, or spandrel, where these architectural features exist.
[Ord. No. 22-067, 11-21-2022]
2.
Canopy signs shall have a ground clearance of no less than eight (8) feet above the lowest ground elevation.
3.
Canopy signs shall cover no more than eighty percent (80%) of the area of the sides of the canopy and no more than ninety percent (90%) of the front (angled or sloped) face of the canopy.
[Ord. No. 22-067, 11-21-2022]
H.
Window Signs.
1.
Window signs may be displayed on or in display windows on the ground floor. Window signs in upper facade windows are only allowed if there is a separate tenant or business in the upper floor.
2.
[5]In no case shall any window sign be installed above the level of second floor windows.
[5]
Editor's Note: Former Subsection (H)(2) was repealed 11-21-2022 by Ord. No. 22-067. This ordinance also redesignated former Subsection (H)(3) through (5) as Subsection (H)(2) through (4).
3.
Window signs shall not exceed fifty percent (50%) of the total window area of the business or establishment.
[Ord. No. 22-067, 11-21-2022]
4.
Internally lit window signs are acceptable.
[Ord. No. 22-067, 11-21-2022]
I.
Door Signs.
1.
Signs on doors should be located on or in the glazing of the doors.
2.
The maximum area shall not exceed fifty percent (50%) of the total window area.
J.
Projecting Signs.
1.
Projecting signs are typically placed near the entry door.
2.
Projecting signs shall project perpendicularly from the building.
3.
Projecting signs shall be secured in place with a frame mount assembly.
4.
Projecting signs do not necessarily have to be entirely stationary; they may suspend from an awning or similar type structure or be affixed to a bracket-mount to the building or structure in a manner where the sign face sways; such motion shall not make a swing sign a prohibited animated sign.
5.
Any sign that is suspended from the underside of a canopy (including awnings), shall be located perpendicular to the wall surface of a building.
6.
All projecting signs shall have a ground clearance of no less than seven (7) feet six (6) inches and shall not be more than ten (10) feet above the elevation of the ground floor.
7.
Such signs shall project no more than thirty-six (36) inches from the building face.
8.
Projecting signs shall be limited to one (1) per business or establishment.
9.
No projecting sign shall exceed an area of nine (9) square feet per sign face.
10.
Projecting signs shall not be illuminated.
K.
Permanent Principal Use Ground Signs.
[Ord. No. 22-067,[6] 11-21-2022]
1.
Ground signs, except historical designation markers, shall only be permitted in the front yard of properties containing a detached, single-family residence that has been converted to office, institutional, retail, service, commercial use, and/or a commercially designed building with an appropriate landscaped front yard area.
2.
The maximum height of any ground sign, which may be permitted pursuant to this Section shall be six (6) feet.
3.
Ground signs and all supporting elements shall be compatible with the building, property, and/or surroundings.
4.
No ground sign shall exceed an area of thirty-two (32) square feet per sign face.
[6]
Editor's Note: This ordinance also repealed former Subsection (K), Display Boards, and redesignated former Subsection (L) as (K).
L.
Exceptions. The following are allowed in addition to those signs listed above:
[Ord. No. 22-067,[7] 11-21-2022]
1.
Historic markers denoting building names, dates of erection, monumental citations and commemorative tablets which do not exceed twenty (20) square feet in area when made a permanent integral part of a building and made of cast metal or other durable materials. They should be located at eye level and should be positioned near a building entrance or another area of high visibility.
[7]
Editor's Note: This ordinance also repealed former Subsection (M), Frame Signs, and Subsection (O), Banners, and redesignated former Subsection (N) as (L) with amendments.
Section 405.479 Relationship To The Remainder Of Chapter 405.
[Ord. No. 21-066, 8-2-2021]
The provisions of Sections 405.470 through 405.479 shall take precedence over any conflicting provisions in the remainder of Chapter 405 of the Municipal Code of the City of Ozark, Missouri.
