The purpose of this article is to define general development regulations that apply in all zoning districts. These regulations apply to all development within the appropriate jurisdiction of the Village.

(Zoning Ord., § 300)

(a)

When required. Except as hereinafter provided, a site plan shall be submitted and approved by the Planning and Zoning Commission before one or more buildings are erected on a single lot, except the following:

(1)

Developments conditioned by planned unit development procedures per section 32-41.

(2)

Single-family residential detached dwellings, including associated garages.

(3)

Nonresidential buildings less than 1,000 square feet in gross floor area.

(4)

Additions to existing nonresidential buildings when the addition is less than ten percent of the existing building's gross floor area, the addition does not exceed 5,000 square feet, no new curb cuts are required, and where new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Administrator.

(5)

Enclosed stairwells.

(6)

Canopies constructed over existing walkways, loading docks, or pump islands, where new construction does not reduce existing parking or significantly modify existing on-site circulation, as determined by the Administrator.

(b)

Application. The applicant shall complete an application for site plan approval. The application shall be accompanied by:

(1)

A nonrefundable processing fee as determined by the Village.

(2)

Ten copies of the proposed site plan.

(c)

Internal review. The Administrator shall circulate the site plan to the Village Engineer, police and fire protection services, and water service company. The petition shall be circulated to the Horseshoe Bend Special Road District, the County, and the State Highway and Traffic Commission, if appropriate. All reviewers will have a minimum of two weeks in which to review the proposed plan and make recommendations to the Planning and Zoning Commission.

(d)

Review by the Planning and Zoning Commission.

(1)

At the next regularly scheduled meeting after submittal of a complete site plan, the Planning and Zoning Commission shall review the application. The Commission may:

a.

Approve the plan;

b.

Approve the plan on the condition that additional requirements be met;

c.

Deny the application; or

d.

Forward their recommendations to the Village Board of Trustees, if appropriate.

(2)

The applicant shall be notified in writing of the action of the Planning and Zoning Commission.

(e)

Site plan requirements. For a site plan to be accepted for review, the following information shall be placed on the site plan or on a separate sheet accompanying the plan:

(1)

Scale and north arrow.

(2)

Key or location map.

(3)

Streams, creeks, and other water features.

(4)

Existing and proposed contours.

(5)

Property dimensions.

(6)

Zoning district and zoning of adjacent parcels.

(7)

Type of sanitary sewage treatment and stormwater drainage facilities, including retention ponds.

(8)

Existing buildings, structures, and parking areas.

(9)

Dimensions of existing and proposed street rights-of-way.

(10)

All easements.

(11)

Building heights and setbacks.

(12)

Proposed curb cuts, parking areas, loading areas, and calculations used to determine the required number of off-street parking spaces.

(13)

Existing and proposed utilities.

(14)

Location of any outside refuse and storage facilities and proposed screening methods.

(15)

Building elevations showing materials.

(16)

Proposed signage.

(17)

Proposed buildings with dimensions and area.

(18)

Existing and proposed landscaping.

(19)

Proposed lighting, including sizes and intensities.

(20)

The development plan must be certified by an engineer, architect, or surveyor.

(21)

Any additional information as may be required by the Administrator or Planning and Zoning Commission.

(Zoning Ord., § 301)

(a)

Requirements in residential districts.

(1)

The maximum height of any accessory building shall be 15 feet.

(2)

A minimum distance of five feet from the principal building.

(3)

A minimum distance of five feet from the side lot line and 7½ feet from the rear lot line.

(4)

Accessory buildings or uses shall not be located in the required front yard.

(5)

On a reverse corner lot, an accessory building shall not be located in that portion of a side yard coterminous with or on a horizontal plane with the front yard requirements of adjacent lots.

(6)

Accessory buildings and uses shall not be located in excess of 30 percent coverage of the rear yard.

(b)

Requirements in the "C" Commercial District.

(1)

The maximum height of any accessory building shall be 25 feet unless a greater height is approved by the Planning and Zoning Commission. No accessory building may exceed the height of the principal building.

(2)

An accessory structure shall meet the setback requirements required in the conditions of use sections of each zoning district in article II of this chapter and, additionally, shall not be in a required front yard.

(c)

General requirements.

(1)

No accessory building shall be used for residential purposes except as otherwise provided by this article.

(2)

No accessory building or structure shall be built on any lot prior to the start of construction of the principal building to which it is an accessory.

(3)

Any attached accessory building or structure shall be considered as part of the principal building.

(Zoning Ord., § 302)

(a)

Access to public street. Except as otherwise provided for in this article, every building shall be constructed or erected upon a lot or parcel of land that abuts upon a public street or a permanent easement of access to a public street or abuts a private street meeting the subdivision standards of the Village.

(b)

Use and bulk.

(1)

Use. No building, structure, or premises shall be used or occupied and no building or parts thereof or other structures shall be constructed, erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, and no building shall be occupied by more families and/or persons than prescribed for such buildings, structures, or premises for the district in which it is located and as otherwise regulated herein, except in conformity with this article.

(2)

Bulk. All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the Village.

(c)

Maximum height exceptions. The height limitations of this article shall not apply to chimneys, water tanks, parapet walls, antennas, or necessary mechanical appurtenances usually carried above the roof level and structures of a similar nature.

(d)

One principal building per lot. No part of an area, frontage or yard required for any lot, building, or use for the purpose of complying with the provisions of this article shall be included as an area, frontage, or yard for another lot, building, or use. Except as otherwise specifically provided for in this article, only one principal building shall be permitted on a lot.

(e)

Temporary structures.

(1)

Emergency use. No temporary structure (including trailers or manufactured homes) shall be used or occupied for any residential, commercial, or industrial use except as specifically permitted or required by this article. However, the Planning and Zoning Commission may, upon application therefor, permit the use of such temporary structure for a period not to exceed one year, subject to such conditions as the Planning and Zoning Commission deems to be compatible with the character of the area in which the structure is located and in compliance with reasonable consideration of the general health, safety, and welfare. Such occupancy shall be contingent on an emergency resulting from fire, explosion, disaster, or in conjunction with construction, demolition, or related conditions.

(2)

Construction and sales. Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.

a.

Temporary buildings or trailers may be used as construction offices, field offices, or for storage of material to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within 30 days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within 30 days after voluntary suspension of work on the project or development after revocation of building permits or on order by the Administrator upon a finding by him that said the temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of $1,000.00 with surety for their removal shall be posted with the Village.

b.

Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract:

1.

Within 30 days after all lots or dwelling units have been sold, rented, or leased; or

2.

After the passage of 30 days from the date of the last transaction after 90 percent of the development has been sold, rented, or leased.

A bond in the amount of $1,000.00 with surety guaranteeing removal of any such temporary structure or facility shall be posted with the Village prior to the commencement of use.

c.

No temporary buildings or trailers shall at any time be located closer than 25 feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.

d.

Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall not be required for buildings or trailers permitted in subsection (e)(2)a of this section.

(3)

Storage trailers.

a.

Under no circumstances may a trailer be placed on any lot for the purpose of serving as a place for storage with the following exceptions:

1.

When the trailer is being used in association with new construction. If used in association with new construction the trailer must be removed 14 days after the final occupancy permit has been issued.

2.

When the trailer is being used for a special promotion not to exceed 30 days.

3.

It is a permitted use or a special use.

b.

Any storage trailer in use on the effective date of the ordinance from which this article is derived shall be deemed to be a legal nonconforming use and may continue within the following limitations:

1.

It may continue in use provided there is no physical change other than necessary maintenance and repair;

2.

It meets all of the requirements of this chapter;

3.

When its use is discontinued for a period of six months, the storage trailer must be removed;

4.

A storage trailer may be used as an accessory use only. If the principal use is discontinued the storage trailer must be removed;

5.

Storage trailers must meet the anchorage and tie-down requirements of the building code adopted by the Village; and

6.

Trailers which are in place at the time of this article shall be permitted as a legal nonconforming use for a period of five years.

(Zoning Ord., § 303)

(a)

Corner lots. Each corner lot shall have a rear yard and a side yard with minimum setback requirements of the applicable zoning district. The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first building on the property. Front yard setback requirements must be met on all street frontages.

(b)

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the district in which they are located or contiguous, and are held in one ownership, they shall be used as one zoning lot for such use.

(c)

Lot, division of. No zoning lot shall hereafter be divided into two or more zoning lots unless all zoning lots resulting from each division shall conform to all applicable regulations of the zoning district in which the property is located.

(d)

Vision clearance on corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

(1)

In any residence district, exceeding a height of three feet above the street grade within 12 feet of the intersecting lines bordering corner lots; and

(2)

In any commercial district, within eight feet of the intersecting street lines bordering a corner lot, provided this regulation shall not apply to that part of a building above the first floor.

(Zoning Ord., § 304)

(a)

Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of the ordinance from which this section is derived shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this chapter for equivalent new construction.

(b)

Permitted obstructions in required yards. Subject to the requirements that there is a minimum distance of six feet between any point of the roof or eaves on a principal building, and any point on any principal building on an adjacent lot, the following shall not be considered to be obstructions when located in the required yards specified:

(1)

In all yards.

a.

Terraces, porches, retaining walls, fences, or any other obstruction not over four feet above the average level of the adjoining property, but not including permanently roofed-over terraces, porches, or accessory buildings;

b.

Steps, four feet or less above grade, which are necessary for access to a permitted building or for across to a zoning lot from a street or alley;

c.

Chimneys projecting 18 inches or less into the yard;

d.

Recreational and laundry-drying equipment;

e.

Arbors, trellises, and flagpoles;

f.

Cornices, canopies, awnings, eaves, sills, gutters, downspouts, bay windows, or other such similar features, which may extend three feet into any required yard but not nearer to any lot lines than a distance of two feet; and

g.

Trash container enclosures.

(2)

In side or rear yards.

a.

Detached garages, carports, open off-street parking spaces, required screening for parking lots, and other accessory buildings; however, in any residential district, no nearer than ten feet to any principal building, unless the accessory building is attached to the principal building.

b.

An outside stairway, unenclosed above and below its steps, may extend four feet into any required side or rear yard, or both, but it may not extend nearer than six feet to any side lot line.

c.

Open, mesh-type or cyclone fences having a height of six feet or less may be used to locate property lines within the required side or rear yards, or both, in residential districts.

d.

Fences, walls, or latticework screens, which form outside living rooms or provide privacy for swimming pools or other activities, may be located in any required side or rear yard, or both, in residential districts. However, these shall only be allowed when the wall or screen has at least 25 percent of its surface open, with the open area being evenly distributed throughout the entire fence. A wall or screen, which has a height of six feet or less and does not have at least 25 percent of its surface open, may be extended into the rear yard only. Where lots are designed to have reverse frontage on a public street or alley, a solid fence or screen that has a height of six feet or less is permitted along the rear property line.

(3)

Yards, locations, required open space. All yards, courts, and other open spaces allocated to a building or a dwelling group shall be located on the same zoning lot as such building or dwelling group unless otherwise specifically provided for herein.

(4)

Yards, maintenance of courts and other open spaces. The maintenance of yards, courts, and other open spaces and minimum lot area legally required for a building shall be continuing obligations of the owner of such building or of the owner of the property on which it is located if the building is vacant. Furthermore, no legally required yards, courts, or other open spaces or minimum lot area allocated to any building shall, by virtue of a change of ownership or for any reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other buildings.

(5)

Yards, existing building requirements. No yards now or hereafter provided for a building existing on the effective date of the ordinance from which this article is derived shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this article for equivalent new construction except as otherwise specifically provided for herein.

(Zoning Ord., § 305)

(a)

Prohibited in all districts. Vehicles, being automobiles, buses or trucks, that do not bear a current set of license plates, are not in running condition, or are in such a condition that they are inoperable on a public street, are prohibited in all districts.

(b)

Uses not specifically permitted in districts. When a use is not specifically listed in the sections devoted to permitted uses or special uses in a particular zoning district, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Planning and Zoning Commission it is determined that such use is similar to and not more objectionable than the uses listed.

(Zoning Ord., § 306)

(a)

General.

(1)

The provisions of this section shall apply to all nonconforming uses, lands, and structures. A nonconforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date this chapter or such amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of this chapter or such amendment thereto, except minimum lot area, yard, and setback requirements.

(2)

Such nonconformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they may inhabit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage. These regulations are intended to minimize or eliminate the existing and/or potential problems created by such nonconforming use.

(b)

Continuation of nonconforming uses. Any nonconforming land use or structure at the time of the enactment of this article may be temporarily continued even though the building, structure, or use does not conform to the provisions of this article for the district in which it is located and whenever a district shall be changed hereafter, a then-existing lawful use may be continued, subject to the provisions of this article.

(1)

Any legal nonconforming building or structure may be temporarily continued in use provided there is no structural change other than maintenance and repairs, except as otherwise permitted hereto.

(2)

Any nonconforming land use or structure shall be discontinued within five years from the adoption date of the ordinance from which this article is derived. This time period may be extended by five years if the owner can show that said nonconforming use is in sound condition and is not causing a detrimental effect on surrounding properties.

(3)

Any building for which a permit has been lawfully granted prior to such effective date or the effective date of any amendments thereto, may be completed in accordance with the approved plans, provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

(c)

Change or extension of nonconforming use.

(1)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

(2)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(3)

No area occupied by a nonconforming use may be enlarged.

(4)

A building or structure that is nonconforming with respect to yards, floor area ratio, or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner that would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(5)

A nonconforming use shall not be altered, extended, or restored so as to displace any conforming use.

(d)

Abandonment.

(1)

Any nonconforming use that has been abandoned shall not thereafter be reestablished. Any structure or land, or structure and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is situated.

(2)

The term "abandonment," as used herein, means the voluntary discontinuance of a use, when accompanied by intent not to reestablish such use. Any one of the following shall constitute prima facie evidence of intent to abandon:

a.

Any positive act indicating such intent;

b.

Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease;

c.

In the case of a structure or of a structure and land in combination, discontinuance of the nonconforming use for 12 consecutive months; or

d.

In the case of land only, discontinuance of the nonconforming use for 90 consecutive days, or for a total of six months during any one-year period.

(3)

Proof of fact in writing must be furnished to the Administrator by the applicant to establish intent not to abandon.

(e)

Discontinuance. Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(f)

Repairs, maintenance, and alteration.

(1)

Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted, including necessary non-structural repairs and incidental alterations that do not extend or intensify the nonconforming use.

(2)

No structural alteration shall be made in a building or other structure containing a nonconforming use except in the following situations:

a.

When the alteration is required by law.

b.

When the alteration will actually result in the elimination of the nonconforming use.

c.

When a building in a residential district containing residential nonconforming uses may be altered in a way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(g)

Restoration. If a building or structure is nonconforming or containing a nonconforming use, is damaged, or destroyed by any means out of control of the owner to the extent of 50 percent or more of its replacement value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50 percent of its replacement value, based upon the prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

(1)

In the event that the Administrator's estimate of the extent of damage or fair market value is not acceptable to the applicant for the building repair to repair or reconstruct such building or structure, the applicant may appeal to the Planning and Zoning Commission.

(2)

In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.

(3)

Conditions. A building permit may be issued if the subject matter thereof is otherwise permitted by the provisions of this article, provided that the Planning and Zoning Commission may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.

(h)

Conversion to special use. A nonconforming use may be made a special use by granting a special use permit in conformity with the provisions of this article.

(Zoning Ord., § 307)

Any lot shall be properly graded for drainage and maintained in good condition, free of trash and debris.

(Zoning Ord., § 308)

In any zoning district where individual sewage disposal systems are used in place of public sewage facilities, the requirements of Ordinance No. 93.07, section 313, Subdivision Ordinance, must be met. All proposed sanitary treatment facilities shall comply with the regulations of the County and State boards of health and the State Department of Natural Resources.

(Zoning Ord., § 309)

In any district where the slope of any lot exceeds 12 percent within 50 feet of any wall of the principal building, the following additional requirements shall be met:

(1)

A site plan shall be drawn at a scale of one inch equals 100 feet if possible or at a scale necessary for clarity for small parcels with contour intervals adequate to described flows and the degree of slope and the location of all buildings and structures. The principal use of the lot shall be indicated.

(2)

Adequate evidence must be presented to show that undue erosion will not result from development and use of the lot. Structural, mechanical, and/or natural cover measures shall be taken to prevent and protect any building from hillside slippage.

(3)

A stable angle of recline for the properties of soil on the lot may be required.

(4)

Significant changes in the natural flow of watercourses shall be prohibited or a drainage plan shall be provided.

(5)

Adequate consideration shall be given to access of the property and to emergency vehicle access and turn-arounds to the principal building.

(6)

Structural and mechanical devices shall be installed to provide reasonable protection against undue hazards created or caused by the development, such as fences along steep slopes and six-inch vertical curbs on access drive for slopes 12 percent and over.

(7)

In no case shall any development be detrimental to adjacent properties.

(8)

Before any building permit shall be issued for any lot, the Administrator shall review the site plan and determine that all conditions imposed hereunder have been complied with.

(Zoning Ord., § 310)

(a)

Purpose of section. The sign regulations are intended to define, permit, and control the use of signs which are legible from the public right-of-way or from the water of the Lake of the Ozarks. The Village Board of Trustees has adopted these regulations in order to achieve all of the following community goals and objectives:

(1)

Protect the health, safety, and welfare of the public.

(2)

Equitably distribute the privilege of using the public environs to communicate private information.

(3)

Safeguard the public use and nature of the streets and sidewalks.

(4)

Protect and enhance the visual environment.

(5)

Discourage the diminishing of property values.

(6)

Minimize visual distractions to motorists and boaters.

(7)

Promote an aesthetically pleasing environment.

(8)

Permit reasonable legibility and effectiveness of signs and prevent overconcentration, improper placement, and excessive height, bulk and density.

(9)

Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment.

(10)

Ensure that signs do not obstruct efforts of emergency operations, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, or other vehicles or to read traffic signs.

(11)

Control visual clutter, and encourage high professional standards in sign design and display.

(b)

Standards.

(1)

Any sign displayed in the Village shall comply with:

a.

All provisions of this article;

b.

All state and federal regulations.

(2)

If any two or more sections of the above-referenced regulations are in conflict, the provision that provides the most restrictive standard shall apply.

(c)

Excluded signs.

(1)

Signs on the inside of store windows.

(2)

Signs of a duly constituted governmental body, such as, but not limited to, traffic, warning, directional, street and regulatory signs.

(3)

Signs displayed for the direction or convenience of the public, provided such signs do not exceed a total surface area of three square feet per sign on any lot or parcel.

(4)

Signs not exceeding 32 square feet in area, relating to active construction projects.

(5)

Yard sale signs, provided that such signs shall not be attached in any way to utility poles, meter posts, or trees within any public street right-of-way. No person shall put up any notice upon any building, wall, fence, or other property of another person without having first obtained the consent of the owner. The maximum time limit for display of such signs is two consecutive days.

(6)

Public service price signs, provided the total area of all such signs is 12 square feet or less.

(7)

Signs displayed during the month of December for the purpose of selling Christmas trees and other holiday vegetation and accessory items.

(8)

Flags of the State, and any other flag of a state or nation flown for noncommercial purposes; or flags displaying purely ornamental and noncommercial information.

(9)

Real estate signs, if on-premises, erected or displayed on the property so advertised and removed within 14 days from the sale or lease of the subject property. An excluded real estate sign shall not exceed six square feet in area or three feet in height. Larger real estate signs shall be treated as temporary signs.

(10)

Street address signs, not exceeding ten square feet in size.

(11)

Signs displayed on a truck, bus, or another vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking, for display purposes, of a vehicle to which a sign is attached or the use of such a vehicle as a portable sign.

(12)

Public service sign, if no more than 20 square feet in size, and if displayed no more than 30 days per calendar year. A public service sign greater than 20 square feet in size shall be considered a temporary sign.

(13)

Menu/daily special signs, not exceeding four square feet in size.

(14)

Street graphics.

(15)

Signs that are not legible from a public right-of-way or from the waters of the Lake of the Ozarks.

(d)

Prohibited signs. The following signs are prohibited in the Village:

(1)

A sign which imitates or approximates an official highway sign or carries the word "STOP" or "DANGER".

(2)

Flashing or revolving lights placed within an establishment so as to be visible from a public right-of-way.

(3)

Any sign, which is nailed, tacked, posted, or in any other manner attached to any utility pole or structure supporting wire, cable, or pipe; or to public property.

(4)

Signs advertising activities or products that are illegal under federal, state, village, or county law.

(5)

Any electrical sign that does not display the UL, ETL, CSA, or ULC label.

(6)

Any sign that obstructs the vision of motorists or pedestrians at an intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property.

(7)

A sign which obstructs any window or door opening used as a means of egress, or interferes with an opening required for ventilation.

(8)

A sign in a public right-of-way, any sign existing or having been allowed in a public right-of-way may be ordered removed by the Board of Trustees upon 30 days' notice if the use of that right-of-way is changed to require the sign's removal or if the public right-of-way is to be used for any public purposes.

(9)

A sign or illumination that causes any glare into or upon a building or land other than the building and land to which the sign is accessory.

(10)

A sign that violates any provision of any federal or state law.

(11)

Pennants and streamers.

(12)

Floating or stationary balloons.

(13)

Signs attached, painted, or mounted to unlicensed and inoperative or generally stationary vehicles.

(14)

A-frames and portable roadside signs.

(15)

Strip lights or strip lighting.

(16)

Neon signs except of a size no greater than six square feet.

(17)

Open house signs. Notwithstanding any other provision of this chapter, real estate open house signs may be used to offer directional guidance for the public to locate a specific open house on a specific date.

a.

Sign construction and design are limited to the following:

1.

Actual sign face cannot exceed 18 inches by 12 inches.

2.

May contain only the words "Open House" and a directional arrow.

3.

Must be of professional quality, no casually painted or printed signs.

4.

The sign must be on a post or stake and may not sit on the ground or against a tree, rock, or another object. Height may not exceed 40 inches in height.

5.

Bright phosphorus signs, posts, or lettering are not permitted.

b.

Signs must be taken down within one hour of the end of the open house but in no event later than a half hour after sunset. Signs must be removed daily.

c.

Any open house shall be supervised at all times by the owner or the owner's designee.

d.

Open house signs are limited only to corners or areas where a directional turn is indicated and in no event no more than four signs be employed per open house.

e.

Location of signs must be in the road right-of-way (no closer to the pavement than three feet, no further off the pavement than six feet).

f.

Violations of the provisions of this section will result in loss of privileges by the violating party.

(e)

Sign permit process.

(1)

No sign may be erected or displayed, enlarged, relocated, changed, or modified without an approved sign permit.

(2)

Applications for a sign permit may be obtained from the Village Clerk.

(3)

Any owner or tenant of a parcel of land upon which a sign is to be displayed or any authorized agent of such owner or tenant may apply for a sign permit.

(4)

Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage and location of all existing signs on the property, and the area, size, structure, design, location, lighting, and materials for the proposed signs. The application may contain any other information that is necessary to ensure compliance with or effectively administer these regulations.

(5)

All applications for a sign permit in the "R-1," "R-2," PUD, and "C" districts must be in accordance with the sign plan approved for that district.

(6)

All applications for a sign permit for the property upon which a permitted special use is located must be in accordance with the special use permit.

(7)

A nonrefundable permit fee may be due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application, provided that all such signs be applied for at one time.

(8)

After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, signs may be inspected for conformance with the approved sign permit and this article.

(9)

Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six months of the date the permit was approved.

(10)

Upon the occupant's vacating a lot or building, the owner, within six months after vacation, shall remove all signs, sign supports, and attendant hardware from the premises. An owner with a new tenant or a new owner has six months after such vacation to use or remove all signs, sign supports, and attendant hardware. Each subsequent occupant of the lot or building shall obtain a new sign permit prior to erecting or changing the structure of any sign.

(f)

Sign measurement rules. Sign area shall be calculated as follows:

(1)

The area of an attached sign where the sign consists of words, numeral, or symbols painted on or affixed to a wall or awning shall be the entire area within a continuous perimeter enclosing the extreme limits of each word, symbol, numeral, groups of symbols, or groups of numerals, where the symbol or numbers are meant to be read as a unit. Where there is a symbol that encompasses or partly encompasses the message of a sign, the sign area shall be the entire area within a continuous perimeter enclosing the extreme limits of the symbol.

(2)

The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces.

(3)

The area of a freestanding monument sign shall be the total area of all surfaces (excluding poles) visible from the public right-of-way or another point from which the sign is intended to be viewed. Only one display face shall be measured by computing the total sign area where the sign faces are arranged to be viewed one at a time.

(4)

The area of a monument sign shall not include the surface area of the base of the sign which is not designed to contain any copy area.

(5)

The area of a V-shaped sign shall be the area of all surfaces legible from the public right-of-way or another point from which the sign is intended to be viewed. Only one face shall be measured if the angle of the sign is 45 degrees or less.

(6)

The Planning and Zoning Commission may determine the area of any sign not specifically provided for herein, according to the principles contained in this section.

(g)

Calculation of sign area by facade. Signage based on building facade is calculated as follows:

(1)

The area of an attached, suspended, awning, cabinet, V-shaped, or projecting sign is based on a percentage of the building facade to which the sign is attached.

(2)

The area of a facade is calculated by multiplying the width by the height of the facade. The height shall be measured by calculating the vertical distance from grade to the top of the wall of a flat roof, or to the eave line of a gable, hip, or gambrel roof. For a multi-establishment building, the area of the facade shall be determined for each individual establishment, and a change in an establishment shall constitute a change in facade for the purposes of these calculations.

(3)

In cases where the height of the building cannot be determined, the average height shall be 12 feet per story.

(4)

Signage shall be attached to the facade from which the sign area is calculated.

(5)

For individual buildings occupied by one or more establishments, including shopping centers, a maximum of 120 square feet of attached, suspended, awning, cabinet, V-shaped, or projecting signage per facade may be allowed. In any event, no building facade shall be covered by signage that exceeds the maximum percentage allowed.

(h)

Calculation of allowable sign area on corner lots.

(1)

On corner lots, the frontage shall be either:

a.

The side fronting the street providing primary vehicle access; or

b.

The side which the main pedestrian entrance of the structure faces. Where neither of these methods clearly distinguishes the front, the Planning and Zoning Commission may make a determination. Where both of these methods would identify a front, the Planning and Zoning Commission may make the determination.

(2)

For commercial uses, the front shall not be a primarily residential street.

(i)

Required sign clearance and placement.

(1)

Awning signs. Awning signs shall be securely attached to the building, must be at least eight feet above the sidewalk, and shall not extend beyond the curb line. Where there is no curb, awning signs shall not extend beyond the edge of street or parking lot pavement.

(2)

Attached signs. An attached sign shall not extend above the roofline of a building to which it is attached.

(3)

Directional signs. A directional sign shall be located adjacent to curb cuts, at least three feet from the right-of-way, with no more than two signs per one-way curb cut and two directional signs per two-way curb cut.

(4)

Projecting and suspended signs. Projecting and suspended signs may project from a building wall a maximum of 18 inches.

(5)

Freestanding monument signs. Freestanding monument signs shall be located a minimum distance of ten feet from the edge of any public right-of-way if the right-of-way is 50 feet or more in width. Such signs shall be located a minimum distance of 35 feet from the centerline of any public right-of-way where the right-of-way is less than 50 feet in width. Freestanding monument signs shall have a maximum height of eight feet. Freestanding monument signs shall be located within a landscaped area which includes vegetative materials such as shrubs, trees, or flowering plants.

(j)

Illumination of signs.

(1)

Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met:

a.

Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application.

b.

No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related.

c.

No light from any illuminated sign shall cause direct glare on to any adjoining piece of property, any adjoining right-of-way, or upon the water of the Lake of the Ozarks.

d.

The use of neon-type signs shall not be permitted for illumination purposes or as any part of the sign whatsoever unless located inside an enclosed structure and of a size no greater than six square feet.

(2)

Any sign containing electrical components shall conform to the current UL, ETL, CSA, or ULC standards and display a label from one of those recognized testing labs and approved by electrical codes.

(k)

Signage regulations of Village. Signs are permitted within the various zoning districts of the Village in accordance with the regulations set forth below.

(l)

Uniform sign regulations for all zoning districts.

(1)

Historic site signs, up to a maximum of one for each site, structure, or landmark registered with the National Historic Register, are permitted in all zoning districts. The maximum size sign permitted is 12 square feet, with a maximum height of nine feet.

(2)

Historic district signs, containing information relating to the historic, architectural, cultural, or archeological significance of the district are permitted. The maximum size sign permitted is 12 square feet, with a maximum height of nine feet.

(3)

Location signs. Location signs may be freestanding and may be located within the public right-of-way, provided written permission is obtained from the Village Trustees. Only one location sign per establishment is permitted.

(m)

Residential zoning districts.

(1)

One freestanding identification sign is permitted at each principal entrance to a residential development within a residential zoning district, up to a maximum total of two freestanding identification signs. No individual sign under this subsection shall exceed 32 square feet.

(2)

In areas of public recreation, such as public parks, a governmental entity may erect up to three freestanding monument signs with a combined area of 60 square feet. No individual sign shall exceed 35 square feet.

(n)

General commercial zoning district.

(1)

A maximum of two directional signs per one-way curb cut and two directional signs per two-way curb cut are permitted in the "C" district.

(2)

A maximum of one freestanding monument sign shall be permitted per lot in the "C" district or for any multi-establishment building provided the lot contains a minimum of 75 feet of frontage on a public street.

(3)

In shopping center developments, one freestanding identification sign shall be allowed announcing the name of the shopping center and listing the tenants. The size of this sign shall be limited to 50 square feet and have a maximum height of eight feet.

(4)

The following regulations apply in the general commercial zoning district:

(o)

Special signage districts and regulations.

(1)

Off-premises signs. No off-premises signs are permitted in the Village.

(2)

Planned developments.

a.

A signage plan shall be submitted as part of any proposal for a planned residential development (PRD).

b.

Prior to the issuance of a sign permit for any sign in an existing planned zoning district, a signage plan, approved by the action of the Village Trustees, meeting the requirements of this article shall be in place. Such a plan shall be required for each establishment or multi-establishment building and shall establish the location of all proposed signs and the maximum sign area proposed. The Board of Trustees shall approve, approve with conditions, or disapprove, according to the standards in this section, each signage plan. A signage plan shall include the following information:

1.

A site plan showing the location and dimensions of any freestanding monument signs.

2.

A drawing to scale of each facade of an establishment or multi-establishment building indicating the number and size of signs to be allowed on each facade.

3.

Evidence of any unifying design characteristics of the proposed signs in the district. These characteristics may include design, size, and style of signs; materials and colors; size and style of lettering; placement and location of signs on the building facade; the type, color, and method of lighting. The Village Trustees shall review the proposed sign.

c.

Designation of additional special signage districts. Special signage districts may be designated by the Village Board of Trustees without altering the adopted zoning map. Designation of an area as a special signage district would affect the district sign regulations applicable to that area. The procedure for adopting special signage districts is the same as the procedure for rezoning property.

d.

Permitted special uses. A signage plan shall be submitted as part of any application for a special use permit as authorized elsewhere in this article. The signage plan shall be of sufficient detail to allow the Planning and Zoning Commission and Board of Trustees to judge the compatibility of the proposed signage with the character of the special use and the surrounding neighborhood. At a minimum, all signage plans shall provide information on the general size, location, style, color, and materials of all signs proposed. In evaluating the special use permit application the Planning and Zoning Commission and Board of Trustees shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area.

(p)

Temporary signs.

(1)

Regardless of the status of conformity of all other on-premises signs, up to two simultaneous temporary signs shall be allowed, provided:

a.

Each sign is 32 square feet or less in area;

b.

Each sign is on-premises and attached to the structure or to a permanent sign;

c.

Such signs are displayed no more than 14 consecutive days;

d.

No person may display temporary signs more than five times per calendar year.

(2)

Pennants and streamers, without advertising, may be displayed simultaneously with temporary signs, but at no other time.

(3)

The person proposing to display such a sign shall contact the Village Clerk prior to displaying, to give notice of their intent and of the period during which the sign will be displayed. A temporary sign permit is required.

(q)

Application for a temporary sign.

(1)

Application for a temporary sign permit may be obtained from the Village Clerk.

(2)

Each application for a temporary sign shall include information required in order to determine that the standards of this section are met.

(3)

A single temporary sign permit may be used for more than one temporary sign or for up to five 14-day display periods per calendar year, provided the temporary signs requested are for the same business.

(r)

Banners over the public right-of-way.

(1)

Banners may be displayed over a right-of-way or within the median right-of-way for two consecutive weeks provided approval is granted by the Board of Trustees. The Board of Trustees may attach conditions in the display of these banners. In determining whether to grant or deny the request to display a banner, the Board of Trustees shall be guided by the following standard: the event or cause for which the banner is to be displayed shall be of a Village-wide, public nature. In this regard, the Board of Trustees finds that the Village does not, and has not, designated the airspace over the public streets or the medians of public rights-of-way as a public forum or limited public forum, and it is reasonable to restrict messages there to those of a Village-wide, public nature.

(2)

Banners shall meet the following criteria:

a.

Banners over a right-of-way shall not exceed 120 square feet in area and shall have a minimum street clearance of 17 feet over grade.

b.

Banners in medians or rights-of-way shall be no larger than 32 square feet and shall not exceed eight feet in height.

c.

The person granted permission to display a banner over the public right-of-way or in a public median shall bear the cost for erection and removal of the banner and shall deposit with the Village an amount equal to that cost prior to the erection of the banner. The Village Board of Trustees may determine the cost to erect and remove the banner, using the cost of labor, materials, and equipment.

d.

Banners shall have reinforced eyelets in each corner and a continuously reinforced border around the perimeter of the banner.

e.

Air vents shall be provided in each banner to allow air to pass through the banner.

(s)

Identification signs at entrance of Village. Freestanding identification signs announcing the name of the Village, or governmental purpose, may also be permitted at the major entrances of the Village. Such freestanding monument signs shall not exceed ten feet in height or 130 square feet in area. No such sign shall require a sign permit. Groupings of signs along the major entrance routes to the Village shall be designed as an integrated unit, where possible, and shall be landscaped.

(t)

Nonconforming existing signs. Signs that were erected before the adoption of the ordinance from which this section is derived may continue to exist and be maintained in a safe manner; however, such nonconforming signs may not be replaced, expanded, or modified to denote the change in the type of business or a change in ownership or substantially improved other than in compliance with these regulations; however, the change of the advertising display shall not be restricted except as previously stated.

(u)

Political signs. Political signs are permitted in all zoning districts for a period beginning not more than 45 days before a duly authorized election date. These signs shall be removed within five working days following the authorized general election date (or runoff date, if applicable) or within five working days of the candidate's or issue's election or defeat, whichever comes first. Primary and general election dates shall be established by applicable federal, state, or local law. Said signs must otherwise be in compliance with applicable state law.

(v)

Variance. Recognizing that the strict application of the requirements of this section may cause an undue hardship on certain applicants, variances from the strict application of the design and performance provisions of this section may be granted by the Village Trustees. Each application for a variance under this section shall be in accordance with section 32-175.

(w)

Authority. Any person designated by the Board of Trustees shall have the authority to enter upon the premises subject to this section for the purpose of enforcing the provisions of this section.

(x)

Violation notice. When a sign requiring a permit under this section is erected, relocated, or altered without a sign permit, the Village shall hand deliver, fax, or mail the notice (to the address stated on the business license) to its owner, agent, or business representative indicating that they must correct the violation within five calendar days of the hand-delivered or faxed notice or seven days of the mailed notice or be subject to the enforcement action of section 32-179.

(Zoning Ord., § 311)