Ozark City Zoning Code
ARTICLE III
Supplemental Land Use Regulations
Section 405.500 Applications, Permits and Fees.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-012 §1, 4-19-2010; Ord. No. 12-022 §1, 5-21-2012; Ord. No. 18-064, 11-19-2018]
Wherever in this Title IV, a Section or other provision of the Code calls for a particular fee for an application or permit, said fee shall be as set forth or as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.
Section 405.510 Conditional Use Permits.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-038 §2, 12-6-2010]
A.
Purpose. The conditional use permit procedure is intended to provide the Planning and Zoning Commission and the Board of Aldermen with discretionary review of requests to establish or construct uses or structures which may be necessary or desirable in a zoning district, but which may have the potential for negative or deleterious impact on the health, safety and welfare of the public. The purpose of the review is to determine whether the proposed location of the use or structure is appropriate and whether it will be designed, located and operated so as to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The Board of Aldermen may impose conditions upon such uses and structures that are intended to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The Board of Aldermen may deny requests for a conditional use permit when it is evident that a proposed use or structure will or may cause harm to the community or injury to the value, lawful use and reasonable enjoyment of other properties in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission may recommend and the Board of Aldermen may authorize the establishment of those conditional uses that are expressly permitted as a conditional use in a particular zoning district. No conditional use shall be authorized unless such conditional use to be granted complies with all of the applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for conditional use permit shall be filed with the City on a form developed by the Department of Planning and Development and shall include the following information at a minimum:
1.
Description of the proposed conditional use.
2.
Statement as to why the proposed use will comply with the applicable standards.
3.
Statement identifying any potentially adverse effects and how the proposed conditional use will be designed, arranged and operated in order to ensure that the conditional use will not cause harm to the community and that the value, use and reasonable enjoyment of property in the vicinity will not be adversely affected.
4.
Site plan in accordance with the requirements of the procedures and submittal requirements of the City of Ozark.
5.
Any additional information as may be required in accordance with the requirements of the zoning district in which the conditional use is proposed to be located.
D.
Commission Action On Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of this Chapter.
2.
Following the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Section 405.500 to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity.
E.
Board Of Aldermen Action On Conditional Use Permit. The Board of Aldermen may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission or may reverse or modify such decision by a majority vote of the full Board of Aldermen. In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Section 405.500 to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity.
1.
Any conditional use permit authorized shall be nullified if any of the conditional uses have not been complied with and/or have been violated.
2.
Any conditional use permit authorized shall be nullified and void if the applicant ceases to conduct the approved use for a period of six (6) months. If the applicant ceases to conduct the approved use for a period of six (6) months or more, he or she must reapply for a conditional use permit to re-establish the prior use requested.
3.
Any conditional use permit authorized shall be nullified and void if the applicant should move or leave the location where the use was originally approved.
4.
If the applicant wishes to continue with a prior approved use, he or she shall have to reapply for approval of a conditional use permit at the new location of choice.
5.
The approval of a conditional use is connected to the original applicant to whom it was issued and not to the structure for which the conditional use was granted.
G.
Conditional Use Standards. A conditional use permit shall be granted only if evidence is presented at the public hearings that the conditional use will comply, to the extent applicable, with the following standards:
1.
The conditional use will be consistent with the policies and intent of the Ozark Comprehensive Plan and the Ozark zoning regulations.
2.
The conditional use will not increase flood or water damage hazard to adjoining properties.
3.
The conditional use will not generate noise that exceeds the sound levels that are typical of uses permitted in the district.
4.
Adequate access roads or entrance and exit drives will be designed and provided to prevent traffic hazards and to minimize traffic congestion at the site.
5.
Street right-of-way and pavement width in the vicinity of the conditional use is or will be adequate for traffic reasonably expected to be generated by the proposed use.
6.
Glare of stationary or vehicular lights from the conditional use will not adversely affect the character of the neighborhood and if such lights will be visible from a residential district, measures to shield or direct lights to mitigate glare are proposed.
7.
The conditional use will not have any substantial adverse effect upon the use or enjoyment of adjacent and nearby property or conditions affecting the public health, safety and welfare.
8.
The conditional use will be designed, constructed and operated so as not to interfere with the development and use of adjacent property in accordance with the applicable zoning district regulations.
9.
In the case of existing structures to be converted to a use requiring a conditional use permit, the structure shall meet all fire, health, building, plumbing and electrical requirements of the City of Ozark.
10.
The conditional use otherwise complies with all applicable regulations of this Chapter.
H.
Conditional Use Permits For Towers.
1.
Purpose. The purpose of these restrictions is to:
a.
Minimize the adverse effects of towers on aesthetic and property values through careful design, siting and vegetative screening;
b.
Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures;
c.
Lessen traffic impacts on local streets; and
d.
Maximize use of existing towers to reduce the number of towers needed.
2.
Applicability. In addition to the provisions and restrictions listed above for a conditional use permit, the following requirements for conditional use permit shall also apply to all zoning districts where towers are permitted as a conditional use and to all zoning districts where towers are permitted as a principal or accessory use where:
4.
Approval standards. All applications for a conditional use permit for a tower shall comply with the following requirements. Site includes all property described by the legal description submitted with the conditional use permit application and may be only part of a larger parcel.
a.
Structures shall be set back from adjoining residential-zoned property, property or streets sufficient to:
(1)
Contain on-site substantially all ice fall or debris from tower failure;
(2)
Preserve the privacy of adjoining residential-zoned property. The site is of sufficient size to comply with this standard if:
(a)
Accessory structures comply with the setback standards in the zoning district;
(b)
The tower base is set back from adjoining residential-zoned property, public property or a street by a distance equal to fifty percent (50%) of the height of the tower up to one hundred (100) feet, plus one (1) foot for each foot over one hundred (100) feet in height, unless the tower is designed for collocation of at least two (2) additional carriers in which case the setbacks for structures in the zoning district where the tower is located shall be complied with or the distance between the tower base and guy wire anchors, whichever is greater;
(c)
The tower is set back from adjoining land in other districts by the rear yard setback required in the adjoining district;
(d)
Guy wire anchors are set back at least twenty-five (25) feet from an adjoining residential-zoned property, public property or a street; and
(e)
Guy wire anchors are set back at least the rear yard setback from adjoining land in other districts.
b.
Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located. The tower shall be set back from other on- and off-site towers and supporting structures far enough so one (1) tower will not strike another tower or support structure if a tower or support structure fails.
c.
The tower shall have the least practicable adverse visual effect on the environment.
d.
Existing on-site trees and shrubs shall be preserved to the maximum extent practicable.
e.
Traffic associated with the facility shall not adversely affect adjoining streets. Vehicular access shall be limited to a major street if the site adjoins both a major and local street.
f.
Adequate off-street parking shall be provided to accommodate workers, employees, invitees and others who may be on location on account of the location of the tower.
g.
The applicant shall demonstrate that the planned equipment cannot be accommodated on an existing or approved tower or location.
5.
Application contents. An application for approval of a conditional use permit for a new tower shall include the following in addition to the application requirements of Section 405.500(C):
a.
A site plan drawn to scale and identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed or replaced; and uses, structures and land use designations on the site and adjoining parcels;
b.
A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features; and
c.
Evidence that the planned transmission facilities cannot be accommodated on an existing or approved tower and that the planned tower cannot be accommodated on an existing or approved tower site. The Board of Aldermen may consider expert testimony to determine whether other towers or sites could accommodate the planned facilities and whether fees and costs associated with the use of an existing or planned tower or site is reasonable.
6.
Conflict with FCC or FAA regulations. In the event there is a conflict between these regulations and Federal Communications Commission (FCC) or Federal Aviation Administration (FAA) regulations, the FCC or FAA regulations shall govern.
I.
Conditional Use Permits For Accessory Dwelling Units.
[Ord. No. 23-043, 7-3-2023]
1.
Purpose. The purpose of these restrictions is to:
2.
Additional Requirements. In addition to the provisions and restrictions listed above for a conditional use permit, the following shall be required for any conditional use permit for an accessory dwelling unit:
a.
Accessory dwelling units shall conform to the building setbacks on a lot and shall be a minimum of twenty-five (25) feet from the front corner of the principal dwelling;
b.
An existing accessory structure converted to an accessory dwelling unit shall be exempt from setback requirements but shall comply with the adopted International Residential Building Codes;
c.
Accessory dwelling units shall not exceed the maximum height of the principal structure, based on the highest point of its roof compared with the lowest point of ground level at the foundation, whichever is less;
d.
Accessory dwelling units shall not exceed fifty percent (50%) of the living area of the principal dwelling or one thousand (1,000) square feet, whichever is less. The accessory dwelling unit shall count toward the total number and coverage of allowed accessory structures;
e.
Accessory dwelling units shall have a maximum of two (2) bedrooms;
f.
Accessory dwelling units shall match the primary dwelling exterior materials;
g.
Construction of the accessory dwelling unit shall be in accordance with the adopted International Residential Building Codes;
h.
The property owner must occupy either the primary dwelling unit or accessory dwelling unit;
i.
In addition to the primary dwelling unit parking, a minimum of one (1) on-site parking space shall be provided for the accessory dwelling unit;
j.
The property owner is required to notify an existing homeowners' association, if applicable, with the conditional use public notices;
k.
Rental Accessory Dwelling Units. If the accessory dwelling unit is rented, the property owner shall apply for and obtain a business registration annually. Prior to the issuance of a business registration, an accessory dwelling unit shall be inspected annually by the City and shall be required to provide a successful inspection before a business registration may be issued. If a non-rented accessory dwelling unit ceases use and converts to a rental accessory dwelling unit, then it shall require a new conditional use permit and compliance with this Subsection, even if the ownership stays the same; and
l.
The conditional use permit shall be nullified if any State, Federal, or local laws have not been complied with and/or have been violated.
Section 405.520 Home Occupations.
[Ord. No. 18-012, 3-19-2018]
A.
Purpose. This Section is designed to define what constitutes a home occupation and to enumerate the particular home occupations that are permitted. A home occupation is a privilege granted to a resident which should not be a nuisance to other residents. A home occupation may be continued for only so long as it is conducted lawfully and does not produce a condition which causes a nuisance, including, but not limited to, those enumerated in Chapter 220, Ozark City Code. Violations of this Section may result in the loss of the ability to operate the home occupation. No home occupation shall be permitted if it:
1.
Changes the outside appearance of the dwelling or is visible from the street;
2.
Generates traffic, parking, sewage, water use, or noise in excess of what is normal in a residential neighborhood;
3.
Creates a hazard to person or property, results in electrical interference or becomes a nuisance; or
4.
Results in outside activities, storage, or display.
B. HOME OCCUPATION
Definitions. As used in this Section, the following terms shall have the meanings indicated:
An activity carried out for compensation in a residential dwelling unit.
C.
Home occupations permitted. Home occupations include, but are not limited to, the following occupations:
1.
Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salesmen, sales representatives, manufacturers' representatives, home builders, home repair contractors, trash haulers and similar occupations.
2.
Artists, sculptors, authors, photographers and composers.
3.
Computer programming and data processing.
4.
Dressmakers, seamstresses, and tailors.
5.
Home crafts, such as model making, rug weaving, woodworking, ceramics (with a kiln up to six (6) cubic feet) and similar activities, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home, including machinery or equipment that would ordinarily be employed in connection with a hobby or a vocation not conducted for gain or profit.
6.
Mail order, not including retail sales from site.
7.
Music and art teachers or other tutoring services.
8.
Telephone answering.
9.
Washing and ironing.
10.
Work-at-home activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform with all other requirements of this Section.
D.
Use Limitations.
1.
No person other than someone related by blood, marriage, adoption, or custodial relationship to the person conducting the home occupation and who also resides in the dwelling unit shall be employed in the home occupation.
2.
The home occupation shall be conducted entirely within the principal residential building or in a permitted accessory building.
3.
No manufacturing or processing of any sort whatsoever shall be done.
4.
No signage shall advertise the presence or conduct of the home occupation unless the sign is required for the type of occupation by Federal, State, or local law. If the size of the sign is not specified by Federal, State, or local law, the sign shall not exceed one and one-half (1.5) square feet and must be attached to the residence.
5.
No stock in trade shall be displayed or sold.
6.
No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises.
7.
No alteration of the principal residential building shall be made which changes the character thereof as a dwelling, including the creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the home occupation.
8.
The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of this Section.
9.
No mechanical or electrical equipment other than normal domestic or household equipment shall be used.
10.
There shall be no outdoor storage of equipment or materials used in the home occupation.
11.
The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of ten thousand (10,000) pounds or less.
12.
Not more than one (1) vehicle shall be utilized in the business.
13.
No customer waiting areas shall be provided.
14.
No vehicles shall be parked and no equipment or materials shall be stored for trash haulers, home builders, home repair contractors, and similar occupations.
15.
A business license shall be obtained, if required, by other ordinances.
16.
No more than twenty percent (20%) of the total floor area of the dwelling unit and garage shall be devoted to the home occupation. A garage shall not be used for a home occupation if such use has the effect of eliminating required parking.
17.
Upon request by the Director of Planning and Development, or his designee, the applicant shall provide appropriate plans, showing conformance with this Section.
E.
Particular home occupations prohibited. Permitted home occupations shall not in any event be deemed to include the following types of activities and uses:
1.
Animal hospitals, stables, or kennels.
2.
Auto repairing and painting.
3.
Barber shops and beauty parlors.
4.
Dancing schools and studios.
5.
Dispatching of transfer and moving vans.
6.
Medical offices for doctors, dentists, and veterinarians.
7.
Nursery schools and day-care centers, except as permitted as a conditional use.
8.
Preparation of food for sale, except as permitted as a conditional use.
9.
Private clubs.
10.
Appliance or electronic repair shops.
11.
Raising animals for sale, except as permitted as a conditional use.
12.
Restaurants.
13.
Shops for contractors and tradesmen, such as electricians, plumbers, and carpenters.
14.
Sign painting.
15.
Trash hauler operations other than a home office.
16.
Escort services.
Section 405.530 Marijuana Facilities.
[Ord. No. 19-061, 8-5-2019; Ord. No. 23-010, 1-17-2023]
A.
Purpose. The purpose of these regulations is to allow marijuana licensed facilities while minimizing any possible adverse effects of such uses on the surrounding neighborhood.
B.
No use shall emit an odor that creates a nuisance in violation of City Code.
C.
No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana licensed facility, unless authorized by Article XIV of the Missouri Constitution or Missouri law.
D.
If multiple licenses are issued for one (1) location, then restrictions for the highest intensity use shall apply.
E.
The distance between the facility and the then-existing elementary or secondary school, daycare, or church, as those terms are defined in Article XIV of the Missouri Constitution, 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.
F.
Any marijuana facility required to collect tangible personal property sales tax for each sale shall do so in conformance with the State law.
G.
All other City Codes shall apply.