Ozark City Zoning Code
ARTICLE IX
Miscellaneous Regulations
Section 405.945 Dark Skies Design Standards.
[Ord. No. 21-059, 7-6-2021]
A. BACKLIGHT-UPLIGHT-GLARE (BUG) CUTOFF FIXTURE FLOOD LAMP FLOOD LIGHT FOOTCANDLE (FC) FULL CUTOFF FIXTURE GLARE LIGHT FIXTURE LIGHT SOURCE LIGHT SPILLOVER LUMEN ON-SITE LIGHTING SEMI-CUTOFF FIXTURE
Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Chapter:
A luminaire classification system that classifies backlight (B), uplight (U), and glare (G). This rating system provides for more effective control of unwanted light.
An outdoor light fixture shielded or constructed in such a manner that no more than two and one half percent (2.5%) of the total light emitted by the fixture is projected above the horizontal plane of the fixture.
A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting.
A form of lighting designed to direct its output in a different use, more or less specific direction, with reflecting or refracting elements located external to the lamp.
A quantitative unit measuring the amount of light cast onto a given point, measured as one (1) lumen per square foot.
An outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.
The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.
An electrical device that contains an electric lamp that provides illumination consisting of a fixture body and one (1) or more lamps.
The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
The light that can be measured on a property when that same light is generated from another property.
A quantitative unit measuring the amount of light emitted by a light source.
All lighting that is not owned, installed, or maintained by a public utility located on properties that are not primarily a single-family residential use and/or two-family residential use. This shall include but not be limited to the following: site or buildings, neighborhood common areas such as club houses, pools, and parking lots.
An outdoor light fixture shielded or constructed in such a manner that it emits no more than five percent (5%) of its light above the horizontal plane of the fixture, and no more than twenty percent (20%) of its light ten degrees (10°) below the horizontal plane of the fixture.
B.
Purpose. The purpose of this Section is to regulate the placement and arrangement of all on-site lighting as defined in this Section. These regulations are intended to:
1.
Protect the public health, safety, and general welfare;
2.
Enable the fair and consistent enforcement of these regulations;
3.
Control light spillover and glare to reduce the degradation of the sky from light pollution;
4.
Encourage lighting systems which conserve energy and costs;
5.
Preserve community character; and
6.
Provide for nighttime safety, utility, security, and productivity.
C.
Application Of Dark Skies Design Standards. All on-site lighting shall meet or exceed the Dark Skies Design Standard provisions in this Section.
D.
Exterior Lighting Objectives. Lighting arrangements shall be arranged in the following manner:
E.
Lighting Measurements. Light levels shall be measured in the following manner:
F.
Exterior Lighting Standards. All exterior on-sight lighting shall be subject to the following conditions and limitations:
Light Source | Maximum Mounting or Pole Height | Maximum Lumination | |
|---|---|---|---|
No cutoff | 15 feet | • | 3/10 footcandle at any point along perimeter adjoining single- or two-family residential use |
• | 3/10 footcandle if separated from single- or two-family residential use by a right-of-way of 70 feet or less | ||
Total cutoff of light at an angle so that the bare bulb, lamp, or light source is completely and opaquely shielded from the direct view of an observer at ground level at the perimeter of the property | 60 feet | • | 1/2 footcandle at any point along perimeter adjoining single- or two-family residential use |
• | 1/2 footcandle if separated from single- or two-family residential use by a right-of-way of 70 feet or less | ||
• | One (1) footcandle at any other point along the perimeter of the property. | ||
• | There are no maximum lumination limits at the property line of the same zoning classification | ||
Building and landscape light fixtures, including ground lighting for signs, flagpoles and statues, shall be equipped with shields or shutters to minimize light spillover | • | 1/2 footcandle at any point along perimeter adjoining single- or two-family residential use | |
• | 1/2 footcandle if separated from single- or two-family residential use by a right-of-way of 70 feet or less | ||
• | One (1) footcandle at any other point along the perimeter of the property | ||
Parking Lots | • | Average of five (5) footcandles | |
Downtown Neighborhood and Core Overlay Districts | • | Shall not exceed a color temperature of 3000 Kelvin | |
Bufferyard | N/A | • | Light sources shall not be located within bufferyard areas except on pedestrian walkways |
There shall be no lighting of a blinking, flashing, rotating, or fluttering nature, including changes in light intensity, brightness, or color except for public safety purposes. | |||
Luminaire | Maximum Allowed Backlight Rating | Maximum Allowed Uplight Rating | Maximum Allowed Glare Rating | Maximum Allowed Glare Rating *If NOT mounted with backlight perpendicular to property line within 2X mountings heights |
|---|---|---|---|---|
Greater than 2 mounting heights from property line | B4 | U2 0% Allowed light emission above 90° for street or area lighting | G2 | G2 |
1 to less than 2 mounting heights from property line and the backlight portion of light output oriented perpendicular and toward said property line. | B3 | U2 0% Allowed light emission above 90° for street or area lighting | G2 | G1 |
0.5 to 1 mounting heights from property line and the backlight portion of light output oriented perpendicular and toward said property line. | B2 | U2 0% Allowed light emission above 90° for street or area lighting | G2 | G0 |
Less than 0.5 mounting height to property line and the backlight portion of light output oriented perpendicular and toward said property line. | B0 | U2 0% Allowed light emission above 90° for street or area lighting | G2 | G0 |
1.
A site lighting plan for on-site lighting shall be submitted and shall provide the following information:
a.
Proposed location on premises of all exterior light fixtures;
b.
Description of illumination devices, fixtures, lamps, supports, reflectors and lens, mounting height and wattage;
c.
Photometric design layout for the site of all illuminated vertical and horizontal surfaces showing the design footcandle levels.
d.
Lighting shall be significantly reduced during non-operational hours, allowing only lighting necessary for security purposes. The site lighting plan submitted for review shall note where this distinction occurs.
2.
Signs not internally lit shall comply with exterior or building lighting standards provided above.
G.
Existing Lighting. Any existing lighting fixture that is moved or replaced in its entirety, shall meet the requirements of this Section. Specifically, this shall not include replacing bulbs or bulb maintenance.
H.
Exemptions. The following shall be exempt from the Dark Skies Design Standards contained in this Section:
1.
Emergency Lighting. Emergency lighting that is only turned on in the event of a power failure or when an alarm is activated is excluded from the total lumen calculations for the site. Use of such lighting outside of an emergency is strictly prohibited.
2.
Emergency Services Lighting. Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted for use by police, fire, medical, or utility personnel or at their direction.
3.
Infrared Security Lighting. Lights emitting infrared radiation for remote security systems is permitted with the following restrictions:
4.
Outdoor Recreational Uses. Ball diamonds, playing fields, and tennis courts due to their unique requirements for nighttime visibility and their limited hours of operation, but must comply with the following conditions:
a.
Illuminating Engineering Society (IES) lighting guidelines (RP-6) are followed according to the appropriate class of play; and
b.
Field lighting is provided exclusively for illumination of the surface of play and viewing stands, and not for any other applications; and
c.
Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance); and
d.
Off-site impacts of the lighting will be limited to the greatest practical extent possible; and
e.
A strict curfew of 10:00 p.m. or one (1) hour after the end of play is observed; and
f.
Timers must be installed to prevent lights being left on accidentally overnight by automatically extinguishing them.
5.
Temporary seasonal/holiday lighting from one (1) month before and one (1) month after a Federally observed holiday. Low voltage holiday lighting, whether shielded or unshielded that does not create a hazard or nuisance to surrounding businesses or residences. Permanently exposed string lights are permitted as a white light clear bulb as accent lighting. Permanent lighting shall not consist of blinking or chasing lights, and shall be tightly fastened to the building.
Section 405.950 Fences.
[Ord. No. 09-012 §1, 4-6-2009]
A.
General Requirements. The following general fence provisions shall apply to all zoning districts:
1.
No fence, wall, shrub or hedge can exceed six (6) feet in height except as indicated in the specific district regulations.
2.
When a fence is facing a public street, the improved side (see figure #1) of the fence shall be oriented toward the street.
3.
In the case of fences constructed over dedicated utility easements, the City shall not be responsible for replacement if the fence is removed for maintenance purposes.
4.
A fence may not be erected to enclose or block a stormwater catch basin, culvert or other stormwater structure or stormwater surface flow in any development.
B.
Corner Visibility. It is the owners of the property's responsibility to comply with all building regulations. No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict snow plowing of streets. Any violations may require removal of existing fence at the owner's expense.
C.
Utility Line Location. It is very important to accurately locate any utilities on your property prior to any excavation, including fence postholes, to prevent personal injury or utility damage. All utilities will be located free by calling the Missouri One-Call System Inc. at 1-800-344-7483. Please call between two (2) and ten (10) days prior to digging.
D.
Residential Requirements.
1.
Any new fence in a residential district shall require a miscellaneous building permit application. Upon the receipt of the application, the City shall conduct an administrative and site analysis to determine that the location of the fence will not interfere with City owned utilities and/or the fence shall not interfere with a drainage easement nor impede the flow of stormwater.
[Ord. No. 16-049 §1, 10-17-2016]
2.
City of Ozark recommends that the owner of any property who plans on erecting a fence to obtain a proper survey. Fence misplacement outside proper property lines is not the responsibility of the City of Ozark.
3.
The owners of residential properties are responsible for maintaining their fences and to remove any fence if it becomes unsightly or a menace to the public health, safety or welfare.
4.
The use of barbed wire, hardware cloth, single strand wire or any other similar material is not permitted as fencing in residential districts.
5.
In no case shall any front yard use a fence that exceeds four (4) feet in height.
6.
The improved side (see figure #1) of the fence shall face the street and all exterior sides.
7.
It is advisable to check with your homeowners' association and review the covenants of the subdivision prior to any fence placement.
E.
Additional Fence Regulations By District. Commercial, industrial and multiple-family zoning districts.
1.
Fences in commercial, industrial and multiple-family zoning district require the submission of a miscellaneous building permit prior to installation. The following supporting information should be included with the application: a sketch/site plan showing the fence location and a description of the fence materials and height.
3.
Fences constructed must refer to City of Ozark Construction Specifications for Public Improvements (Section 02831).
4.
Fences are required to be eight (8) feet in height for security and/or screening purposes.
5.
Fences are permitted on any lot or paved area provided they do not extend beyond the front building lines, except industrial areas, or otherwise approved by the Planning and Development Department.
6.
All fences shall comply with the maintenance, material and height regulations as contained with the zoning and subdivision regulations.
7.
All other general provisions previously stated shall also apply.
F.
"A-1" Agricultural District.
1.
Electrified and barbed wire fences are only permitted in an "A-1" Agricultural District.
Figure 1. Fencing on Standard Lot | |
|---|---|
[Ord. No. 09-012 §1, 4-6-2009] | |
A fence shall not extend closer than ten (10) feet from the front corner nor beyond the side and rear property lines. | |
 |
Figure 2. Fencing on Corner Lot | |
|---|---|
[Ord. No. 09-012 §1, 4-6-2009] | |
The sight triangle is dependent upon the design speeds of the intersection roadways and the type of traffic control used at the intersection. Any fencing that interferes with the visibility shall be removed. | |
 |
Section 405.960 Accessory Buildings.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Purpose. Accessory structure(s) shall not be attached to the principal structure, may have a permanent foundation or may be portable. All accessory structures, regardless of type of foundation, shall be considered a permanent accessory structure and shall comply with all regulations of this Section. An accessory structure shall not be placed in the front yard or any closer than twenty-five (25) feet from the front corner of the principal structure. If an accessory structure is placed in any easement, it will be the responsibility of the property owner to remove or replace structure if easement is exercised. Accessory structure shall not be placed within a drainage easement, ditch or designated floodplain necessary for stormwater surface flow. All permanent structures will require a permit.
[Ord. No. 15-024 §1, 5-18-2015]
B.
Detached Garage. A detached garage is designated primarily for the storage of motor vehicles and shall have a permanent foundation. The side and rear setback shall be no less than ten (10) feet from any lot line and six (6) feet separation between the principal structure and the detached garage. No detached garage shall be placed within any utility easement, drainage easement, ditch or designated floodplain necessary for stormwater surface flow.
C.
Accessory Structure — Use Of. No accessory structure shall be permitted upon a lot until the construction of the principal structure has commenced. At no time shall an accessory building be converted or occupied as a housing unit or livable dwelling.
D.
Accessory Structure — Size And Setback. The maximum square footage of an accessory structure or the combination of the square footage of multiple accessory structures, not exceeding three (3) per lot, and the principal structure shall not exceed thirty-five percent (35%) of the total square footage of the lot and shall comply with the following:
[Ord. No. 15-024 §2, 5-18-2015]
• | This subsection applies to conforming lots. Non-conforming lots shall he considered on a case-by-case basis. | |
• | Front yard setback for all zoning districts shall be twenty-five (25) feet from the front corner of the principal structure. | |
• | On a corner lot, no accessory structure shall project beyond the front yard of adjacent lots to the rear of the corner lot. | |
• | The height limit for hip or gable roofs shall be no more than sixteen (16) feet. | |
• | The height limit for flat, single slope or mansard roofs shall be no more than twelve (12) feet. | |
• | Rear and side yard setbacks shall be five (5) feet. | |
• | The maximum floor area for accessory structures shall not, singularly or in total, exceed thirty-five percent (35%) of the permitted maximum building coverage for principle structures, with no more than three (3) accessory structures permitted on a lot and no single accessory structure may exceed two-thirds (2/3) of the building coverage of the principle structure. | |
• | Those structures that are built upon a utility easement and are required to be moved by the utility (either permanently or temporarily) shall be moved at the owner's expense. | |
• | Any previously built accessory structures that are destroyed by fire, flood and/or any natural acts of god may be re-built to its original dimension, size and height, however, that structure will be required to meet current standards and/or conform to the existing principle structure. | |
• | None of the conditions set forth above shall authorize an accessory structure to exceed the permitted maximum building coverage. |
E.
Commercial. Any accessory structure shall maintain a front yard setback of fifteen (15) feet from the front corner of the principal structure; side yard setback of ten (10) feet and a rear yard setback of fifteen (15) feet. Landscaping may be required on a case-by-case basis.
[Ord. No. 15-024 §3, 5-18-2015]
Example Site Plan For an Accessory Structure in a Residential Single Family Area [Ord. No. 15-024 §4, 5-18-2015[1]] |
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 |
[1]
Editor's Note: Ord. No. 15-024 §4 also repealed all previous illustrations, including: Accessory Structures on Standard Lots; Accessory Structures on Corner Lots; Detached Garages on Standard Lots; and Detached Garages on Corner Lots, all of which derived from Ord. No. 09-012 §1, 4-6-2009.
Section 405.970 Swimming Pools.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Permit. Pools shall not be located within ten (10) feet of any side or rear lot line or within six (6) feet of any principal structure or frost footing. Pools shall not be located closer than ten (10) feet to any portion of a private sewage system. Pools shall not be located within any required front yard. Pools shall be drained to the street storm sewer system unless otherwise authorized by the City. Public swimming pools requires a permit.
B.
Fences.
1.
All private swimming pools shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have opening, holes or gaps larger than four (4) inches in vertical or horizontal direction, except for doors and gates. The fence shall be of a type not readily climbed by children. A dwelling or accessory building may be used as part of such enclosure. An above ground pool with a wall greater than four (4) feet in height does not require a fence if the wall cannot be readily climbed by children.
2.
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use.
3.
When it is necessary to fill pool prior to the installation of the required fencing, a temporary fence may be installed in a substantial manner with the approval of the Building Official. Maximum time allowed for a temporary fence is thirty (30) days.
C.
Outdoor Pool Enclosures. Outdoor pool enclosures, permanent or inflated, shall be constructed in accordance to the City of Ozark building codes and shall be of a neutral color and designed to blend wit the existing surroundings. The enclosure shall not exceed in height the principal structure on the property and requires a special use permit.
D.
Pool Covers. Pool covers, whether they can be locked or not, do not alone meet public safety requirements if the cover is of the type that can collect and hold natural water.
E.
Polluted Water.
1.
No body of water, whether it be a natural or an artificial body of water in the City, which contains sewage, waste, or other contamination or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing by any persons.
2.
Water shall not be allowed to remain in any unused or abandoned pool.
F.
City Water Supply. There will be no cross-connections of the City water supply with any other source of water supply for the pool. The line from the City water supply to the pool shall be protected against backflow of polluted water by means of either an air-gap, vacuum breaker or other adequate device to prevent back siphonage.
G.
Pool Filters.
1.
Every private swimming pool, and public, shall be equipped with a recirculation system capable of filtering the entire contents of the pool in twelve (12) hours or less.
2.
Provision shall be made for each private swimming pool and public water of accurate and controlled applications of a disinfectant in sufficient quantities to attain and maintain efficient bactericidal action while the pool is in use.
H.
Public Swimming Pool License. It shall be unlawful to establish, maintain or operate a public swimming pool without first securing a public swimming pool license from the City's Health Department.
Section 405.980 Application Procedures and Submittal Requirements.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Notwithstanding any provision of the zoning, subdivision, floodplain or sinkhole regulations to the contrary, the Procedures and Submittal Requirements Handbook, a copy which is on file in the office of the City Clerk, is made a part hereof as if fully set out in this Chapter.
B.
The Planning and Development Director shall have the authority to make any changes to the Procedures and Submittal Requirements as need to improve customer service.
C.
Staff shall inform the Planning and Zoning Commission and Board of Aldermen at the end of each calendar year of any rightful changes to the Application Procedures and Submittal Requirements Handbook.
Section 405.990 Definitions.
[Ord. No. 12-005 §1, 1-17-2012]
For the purpose of interpreting this series of Sections, certain terms are defined as follows:
A large container which is capable of use for shipping goods or materials by rail, ship, air or over the road including, but not limited to, "portable on demand storage units (PODS)"; any box van that has been disconnected from a chassis; and similar intermodal type shipping/cargo containers, that are:
Any dry freight van, semi-trailer, refrigerated van, or similar type trailer originally designed for the transporting of products and materials, whether or not connected to a chassis, used for storage and/or warehousing purposes or any purpose other than that for which the trailer was originally designed.
Section 405.1000 On-Site Storage in Storage Trailers and/or Storage Containers.
[Ord. No. 12-005 §1, 1-17-2012]
A.
General Provisions.
1.
Moving vans/trucks, storage containers and storage trailers are allowed as conditional uses in any zoning district subject to the restrictions, limitations and regulations contained in the Sections set forth below.
2.
The Planning and Development is authorized to issue a permit for storage containers and storage trailers used as temporary construction site offices or for the storage of tools or building supplies needed for a construction project or personal property of the owner or tenant of a building which is being remodeled during the course of a project on a lot for which a valid building permit has been issued. Upon the expiration of the permit (or any extension thereof) such container or trailer shall be promptly removed. The Planning and Development Department may authorize the placement of a container or trailer used for a construction project on property other than the property where the construction project is located upon determining that the location is necessary and reasonable under the circumstances.
B.
Non-Residential Zoning Districts.
1.
2.
No moving truck/van, storage container or storage trailer shall be located on property or used in such a manner as to violate any of the International Codes contained in Title V or of the "Nuisance" provisions contained in Title II of the Code of Ordinances of the City of Ozark.
3.
No utility services shall be provided to a storage container or storage trailer unless it has been converted into a permanent building and meets all requirements of all applicable Building Codes. Providing temporary (seven (7) days or less) utility services for the purpose of loading and unloading shall not be considered a violation.
4.
No moving truck/van, storage container or storage trailer shall be physically connected, in any manner, to any structure or building or another storage container or storage trailer.
5.
Merchandise, pallets, furniture, tires, equipment, fixtures, products, trash, debris or other materials shall not be stacked under or on top of any moving truck/van, storage container or storage trailer. Nor shall any such items be placed in a fire lane or within ten (10) feet of a storage container or storage trailer.
6.
No storage container or storage trailer shall be stacked on top of another storage container or storage trailer or on top of any building. Storage trailers and storage containers may be stacked when stored on sites zoned "Industrial" where the provision of such storage trailers or storage containers is a principal use if such containers and trailers are empty and properly secured based on accepted industry standards.
7.
The owner, operator and/or renter of the moving truck/van, storage container(s) or storage trailer(s) shall be responsible to ensure that the unit(s) is/are in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
C.
Residential Districts.
1.
Short-term loading and unloading.
a.
No more than three (3) moving truck/van(s), storage container(s), storage trailer(s) or any combination thereof may be placed on a property at any one time.
b.
No moving truck/van shall remain upon the property for a period in excess of seven (7) consecutive days.
c.
The moving truck/van shall be placed on a paved surface and meet all other requirements for parking of motor vehicles on residential lots.
2.
Short-term storage.
a.
No more than two (2) storage container(s), storage trailer(s) or combination of them may be located on a property at any one time.
b.
No storage container or storage trailer shall be located on a property for a period of more than sixty (60) consecutive days. No property shall be permitted to have a storage trailer or storage container for more than two (2) sixty (60) day periods in any twelve (12) month period.
c.
The storage container or storage trailer shall be placed on a paved surface and meet all other requirements for parking of motor vehicles on residential lots.
d.
No storage container or storage trailer shall be used in conjunction with, or associated with, a home occupation.
e.
No storage container or storage trailer shall be located on property or used in such a manner as to violate any of the International Codes contained in Title V or of the "Nuisance" provisions contained in Title II of the Code of Ordinances of the City of Ozark.
f.
The owner, operator and/or renter of the storage trailer(s) or storage container(s) shall be responsible to ensure that the storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
D.
Construction Projects Not Requiring A Building Permit. Storage containers and storage trailers are permitted on any lot for twenty-one (21) consecutive days (a fourteen (14) day extension may be granted by the Planning and Development Department upon application by the owner) in conjunction with construction projects not requiring building permits subject to the following restrictions, requirements and limitations.
1.
The use of storage containers and storage trailers is limited to the storage of tools or building supplies needed for a construction project.
2.
All storage containers and storage trailers shall be located on the property where the work is being performed.
3.
In non-residential zoning districts, storage container or storage trailer shall be located on property in such a manner so as not to occupy any required:
4.
No storage container or storage trailer may be stacked one on top of another or on top of any building.
5.
No storage container or storage trailers shall be removed from the property upon completion of the construction project or by the end of the permitted time period, whichever may occur first.
6.
No storage container or storage trailer shall be located on property or used in such a manner as to violate any of the International Codes contained in Title V or of the "Nuisance" provisions contained in Title II of the Code of Ordinances of the City of Ozark.
E.
Recycling Containers. Storage containers and storage trailers used as commercial/industrial recycling containers are permitted in all non-residential zoning districts subject to the following restrictions, requirements, and limitations:
1.
The use of the storage container or storage trailer is limited exclusively to materials to be recycled.
2.
3.
No storage container or storage trailer may be stacked one on top of another or on top of any building.
4.
No storage container or storage trailer shall be located on property or used in such a manner as to violate any of the International Codes contained in Title V or of the "Nuisance" provisions contained in Title II of the Code of Ordinances of the City of Ozark.
5.
No storage container or storage trailer may be located in the required front yard. All storage trailers and storage containers must be a minimum of twenty-five (25) feet from any street and a minimum of fifty (50) feet from any residential district.
6.
The owner, operator and/or renter of the storage container(s) or storage trailer(s) shall be responsible to ensure that the unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.