Village of Indian Point, MO Use Regulations by Zoning District

Newly Annexed Land. Any territory hereafter annexed to the Village shall be zoned A-1 until changed as provided in Article III, Section 415.110, Classification of Newly Annexed Territory, unless otherwise indicated in an Annexation Plan of Intent.

Vacated Land. Whenever any street, alley or public way is vacated by official action of the Board of Trustees, the zoning for said land shall be automatically designated A-1. Adjoining property owners may petition the Board at such time of vacation, or at any point in the future, that consideration be given to allow the zoning districts adjoining each side of such street, alley or public way to be extended to the center of such vacation and all areas included in this vacation shall then be subject to all regulations of the extended district.

Utility Connections Required. All structures requiring utility connections within zoning districts established by this Chapter shall be connected to public utilities, including: water, sewer, electricity, gas, and telephone where these facilities are available at the time of construction. If not available at the time of construction, easements for future connections to such utilities shall be provided in accordance with provisions set forth in Chapter 410, Subdivision Regulations. The intent of the Board of Trustees is to require the use of public utilities when and where available.

Access to Public Streets Required. All uses within zoning districts are required to be connected to public streets. If additional roads or streets are required, it shall be the responsibility of the builder or developer to construct them to the standards of Chapter 420, Design Standards for Public Improvements.

Setback Yards Required. Setback yards shall be established, specified and required in all zoning districts from all lot lines as set forth herein, except that no setback shall be required when such lot line is the Corps of Engineers take line for Table Rock Lake. Normal setback requirements as set forth herein shall apply for all other Corps of Engineers take lines, however.

Fence Regulations. A fence may be constructed on or near the property line to the backyard and either or both side yards with the exception no fence shall extend beyond the front corner of the main structure. Any exception from this must be approved by the Planning and Zoning Commission.

Underground Setbacks. The minimum underground setbacks on front, side and rear yards in all districts for underground structures, excluding utilities and private wastewater septic fields, shall be five (5) feet from a platted property line, except that no underground setback shall be required when such property line is the Corps of Engineers take line for Table Rock Lake, excluding utilities and private wastewater septic fields. The minimum underground setbacks on front, side and rear yards for private wastewater septic fields shall be ten (10) feet from a platted property line, including when such property line is the Corps of Engineers take line for Table Rock Lake. Utilities may exist within the setbacks when granted by easements.

Mobile Home, Trailer Home And Single-Wide Home; Manufactured Home, Premanufactured Home And Double-Wide Home. Structures that are mobile homes, trailer homes, single-wide homes, manufactured homes, premanufactured homes and double-wide homes as defined in Article II, Section 415.090, are only permitted in a district when specifically allowed, such as in the RM-1 and RM-2 Districts.

Modular Buildings And Prefabricated Buildings. Structures that are modular buildings or prefabricated buildings as defined in Article II, Section 415.090, are permitted in all districts.

Encroachment.

The following structures may encroach into required setbacks provided that they do not cross property lines or utility easements:

Play equipment;

Clothesline poles;

Portable yard furniture;

Flagpoles and mailboxes.

The following structures may encroach into required setbacks if they are approved by the Planning Commission and provided that they do not cross property lines or utility easements:

Patios, terraces, walks, and driveways, provided they are at grade and not covered;

Retaining walls and structural/grading landscaping components;

Building overhangs, coves, and cornices may be allowed, provided they do not exceed three (3) feet. The definition of "overhang" specifically excludes any exterior wall of any structure, regardless of its elevation above ground level.

Section 415.160 RM-1 Single-Family Residential Mobile Home.

[Ord. No. 97-1, 10-14-1997]

Use Regulations. All buildings and land within an RM-1 Zoning District shall be limited to the following uses:

Single-family detached dwellings that are affixed to a permanent foundation and single-family detached dwellings that are defined in Section 415.090 as a "mobile home," "trailer home" and "single-wide home" and are affixed to a permanent foundation or have full foundation skirting.

Planned Development Districts for single-family dwellings as approved by the Planning and Zoning Commission.

Accessory buildings customary, incidental and subordinate to the use of the main buildings.

Special uses such as churches, golf courses and country clubs, home occupations, public parks and playgrounds, public buildings, facilities and utilities as permitted in Article VIII of this Chapter and approved by the Planning and Zoning Commission.

Coverage. Mobile home and accessory buildings shall not cover more than thirty percent (30%) of the lot area. Every mobile home moved or altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main dwelling on one (1) lot except as specifically provided hereinafter.

Parking Regulations. A minimum of two (2) off-street parking spaces shall be provided per single-family dwelling. On-street parking is prohibited.

Dimensional Requirements.

Minimum Dwelling Area. A single-family-mobile home shall have a minimum of eight hundred (800) square feet of living space, excluding carports and/or garages, porches and/or other appurtenances.

Minimum Lot Area. The minimum lot area per mobile home park dwelling and accessory structures shall be no less than three thousand five hundred (3,500) square feet.

Minimum Front Yard. The minimum front yard setback shall be fifteen (15) feet from platted property line, except that in no case shall building be closer than fifteen (15) feet from the edge of a road surface of a public or private roadway.

Minimum Side Yard. The minimum side yard on each side of a mobile home shall be ten (10) feet in width from a platted property line except as provided in Article V, Section 415.150, and except that in no case shall a mobile home be closer than ten (10) feet from the edge of a road surface of a public or private roadway.

Minimum Back Yard. The minimum back yard distance from the mobile home to the rear lot line shall be no less than fifteen (15) feet except as provided in Article V, Section 415.150.

Accessory Structures. Accessory structures shall not be located in any setback yard except as provided in Article V, Section 415.150.

Height Restrictions. No structure shall exceed thirty (30) feet in height as defined in Article II, Section 415.090, unless specifically permitted.

Time-Share Exclusion. No building or lot within a district zoned RM-1 Single-Family Residential Mobile Home park, shall be used as time-share property or as a time-share unit as defined in Article II, Section 415.090.

Rental Property Exclusion. No building or lot within any district zoned RM-1 Single-Family Residential Mobile Home park, shall be used as rental property as defined in Article II, Section 415.090. Such restriction shall not include the lease of buildings or lots as defined in Article II, Section 415.090.

Special Uses. An approved permit must be obtained from the Planning and Zoning Commission for special uses. See Article VIII of this Chapter for procedures.

Vehicle Storage. The storage of a motor vehicle, boat, trailer, or recreational vehicle as defined in Article II, Section 415.090, in an RM-1 Single-Family Mobile Home District shall only be allowed when such vehicle is the personal property of the owner or occupant of the lot, subject to the following conditions:

Temporary Living Quarters Prohibition. No property within any district zoned RM-1 Single-Family Residential Mobile Home shall be used exclusively to provide temporary living quarters in a boat, trailer or recreational vehicle.

Good Working Order Requirement. The storage of any abandoned or junked vehicles shall be prohibited. Any vehicle located on a lot in the RM-1 District shall be maintained in operable order and shall have a valid registration for operation and use.

Exclusive Lot Use Stipulations. No property within any district zoned RM-1 Single-Family Residential Mobile Home shall be used exclusively to provide storage of a boat, trailer or recreational vehicle unless stored in an enclosed structure on a lot immediately adjacent to the owner's primary residence.

Section 415.170 RM-2 Single-Family Residential Manufactured Housing.

[Ord. No. 97-1, 10-14-1997]

Use Regulations. All buildings and land within a RM-2 Zoning District shall be limited to the following uses:

Single-family detached dwellings that are affixed to a permanent foundation and single-family detached dwellings that are defined in Article II, Section 415.090, as a manufactured home, premanufactured home and double-wide and are affixed to a permanent foundation.

Planned Development Districts for single-family dwellings as approved by the Planning and Zoning Commission.

Accessory buildings customary, incidental and subordinate to the use of the main buildings.

Coverage. Manufactured home and accessory buildings shall not cover more than thirty percent (30%) of the lot area. Every manufactured home moved or altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main dwelling on one (1) lot except as specifically provided hereinafter.

Parking Regulations. A minimum of two (2) off-street parking spaces shall per single-family dwelling. On-street parking is prohibited.

Dimensional Requirements.

Minimum Dwelling Area. A single-family manufactured home shall have a minimum of eight hundred (800) square feet of living space, excluding carports and/or garages, porches and/or other appurtenances.

Minimum Lot Area. The minimum lot area per manufactured home dwelling and accessory structures shall be no less than three thousand five hundred (3,500) square feet.

Minimum Front Yard. The minimum front yard setback shall be fifteen (15) feet from platted property line, except that in no case shall a manufactured home be closer than fifteen (15) feet from the edge of a road surface of a public or private roadway.

Minimum Side Yard. The minimum side yard on each side of a manufactured home shall be ten (10) feet in width from a platted property line except as provided in Article V, Section 415.150, and except that in no case shall a building be closer than ten (10) feet from the edge of a road surface of a public or private roadway.

Minimum Back Yard. The minimum back yard distance from the manufactured home to the rear lot line shall be no less than fifteen (15) feet except as provided in Article V, Section 415.150.

Accessory Structures. Accessory structures shall not be located in any setback yard except as provided in Article V, Section 415.150.

Height Restrictions. No structure shall exceed thirty (30) feet in height as defined in Article II, Section 415.090, unless specifically permitted.

Time-Share Exclusion. No building or lot within a district zoned R-2 or RM-2 shall be used as time share property or as a time-share unit as defined in Article II, Section 415.090.

Rental Property Exclusion. No building or lot within any district zoned RM-2 Manufactured Home shall be used as rental property as defined in Section 415.090. Such restriction shall not include the lease of buildings or lots as defined in Article II, Section 415.090.

Special Uses. An approved permit must be obtained from the Planning and Zoning Commission for special uses. See Article VIII of this Chapter for procedures.

Additional Prohibitions And Requirements.

Temporary Living Quarters Prohibition. No property within any district zoned RM-2 Manufactured Home shall be used exclusively to provide temporary living quarters in a boat, trailer or recreational vehicle.

Good Working Order Requirement. The storage of any abandoned or junked vehicle shall be prohibited. Any vehicle located on a lot in the RM-2 District shall be maintained in operable order and shall have a valid registration for operation and use.

Exclusive Lot Use Stipulations. No property within any district zoned RM-2 Manufactured Home shall be used exclusively to provide storage of a boat, trailer, or recreational vehicle unless stored in an enclosed structure on a lot immediately adjacent to the owner's primary residence.

Section 415.180 R-1 Single-Family.

[Ord. No. 97-1, 10-14-1997; Ord. No. 03-2, 4-15-2003; Ord. No. 06-12, 10-10-2006]

Use Regulations. All buildings and land within an R-1 Zoning District shall be limited to the following uses:

Single-family detached dwellings affixed to a permanent foundation.

Planned Development Districts for single-family dwellings as approved by the Planning and Zoning Commission.

Accessory buildings customary, incidental and subordinate to the use of the main buildings.

Modular homes as defined in Section 415.090 may be constructed to replace any existing mobile home, trailer home, single-wide home, manufactured home premanufactured home, or double-wide home as defined in Article II, Section 415.090.

Same-site/same-type replacement [i.e., remove one (1) unit and replace with same type of unit on same site] manufactured homes, premanufactured homes and double-wide homes as defined in Article II, Section 415.090, must either be with units that are fewer than ten (10) years old or the units must be inspected by an inspection company approved by the Village at the owner's expense to determine that all mechanical systems are functional and adequate and that all structural components, including but not limited to windows, siding, roof, insulation, and flooring are in good, functional repair.

Same-site replacement of mobile homes, trailer homes, or single-wide homes as defined in Article II, Section 415.090, must be units defined in Article II, Section 415.090, that are fewer than ten (10) years old or the units must be inspected by an inspection company approved by the Village at the owner's expense to determine that all mechanical systems are functional and adequate, and that all structural components, including but not limited to windows, siding, roof, insulation, and flooring, are in good functional repair, or with units defined in Article II, Section 415.090, or a stick-built home.

Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot except as specifically provided hereinafter.

Parking Regulations. A minimum of two (2) off-street parking spaces shall be provided per single-family dwelling. On-street parking is prohibited.

Dimensional Requirements.

Minimum Dwelling Area. A single-family dwelling shall have a minimum of one thousand two hundred (1,200) square feet of living area on one (1) or more levels as permitted by height restrictions, so long as the main level of the dwelling shall have a minimum of eight hundred (800) square feet of living space, excluding carports and/or garages, porches and/or other appurtenances.

Minimum Lot Area. The minimum lot area per dwelling and accessory structures shall be no less than nine thousand (9,000) square feet.

Minimum Front Yard. The minimum front yard setback shall be fifteen (15) feet from platted property line, except that in no case shall a building be closer than fifteen (15) feet from the edge of a road surface of a public or private roadway.

Minimum Side Yard. The minimum side yard on each side of a two-family dwelling shall be ten (10) feet in width from a platted property line except as provided in Article V, Section 415.150, and except that in no case shall a building be closer than ten (10) feet from the edge of a road surface of a public or private roadway.

Minimum Back Yard. The minimum back yard distance from the structure to the rear lot line shall be no less than fifteen (15) feet, except as provided in Article V, Section 415.150.

Accessory Structures. Accessory structures shall not be located in any setback yard except as provided in Article V, Section 415.150.

Height Restrictions. No structure shall exceed forty (40) feet in height as defined in Article II, Section 415.090, unless specifically permitted.

Time-Share Exclusion. No building or lot within a district zoned R-1 Single Family shall be used as time-share property or as a time-share unit as defined in Article II, Section 415.090.

Rental Property Exclusion. No building or lot within any district zoned R-1 Single-Family, shall be used as rental property as defined in Article II, Section 415.090. Such restriction shall not include the lease of buildings or lots as defined in Article II, Section 415.090.

Special Uses. An approved permit must be obtained from the Planning and Zoning Commission for special uses. See Article VIII of this Chapter for procedures.

Vehicle Storage. The storage of a motor vehicle, boat, trailer, or recreational vehicle as defined in Article II, Section 415.090, in an R-1 Single-Family District shall only be allowed when such vehicle is the personal property of the owner or occupant of the lot subject to the following conditions:

Temporary Living Quarters Prohibition. No property within any district zoned R-1 Single-Family shall be used exclusively to provide temporary living quarters in a boat, trailer, or recreational vehicle.

Good Working Order Requirement. The storage of any abandoned or junked vehicles shall be prohibited. Any vehicle located on a lot in the R-1 District shall be maintained in operable order and shall have a valid registration for operation and use.

Exclusive Lot Use Stipulations. No property within any district zoned R-1 Single Family shall be used exclusively to provide storage of a boat, trailer, or recreational vehicle unless stored in an enclosed structure on a lot immediately adjacent to the owner's primary residence.

Ventless Fireplaces. Ventless fireplaces are permitted in dwelling units, provided that:

Units must be installed according to manufacturer's instructions. Where identified by the manufacturer, installation must meet specific codes listed in installation instructions.

All clearances must be met, including those around vent pipes, finish materials, mantels and wood surrounds.

Manufacturer's specifications for room sizing requirements and ventilation systems must be adhered to.

Section 415.190 R-2 Two-Family.

[Ord. No. 97-1, 10-14-1997; Ord. No. 03-2, 4-15-2003; Ord. No. 06-12, 10-10-2006]

Use Regulations. All buildings and land within R-2 Zoning District shall be limited to the following uses:

Single-family dwellings affixed to a permanent foundation.

Two-family dwellings.

Planned Development Districts providing single-family and two-family dwellings, as approved the Planning and Zoning Commission.

Accessory buildings customary, incidental and subordinate to the use of the main buildings.

Special uses such as churches, golf courses and country clubs, home occupations, public parks and playgrounds, public buildings, facilities and utilities as approved by the Planning and Zoning Commission. See Article VIII of this Chapter for procedures.

Structures that are mobile homes, trailer homes, single-wide homes, manufactured home, premanufactured homes and double-wide homes as defined in Article II, Section 415.090, are prohibited in the R-2 District.

Modular homes as defined in Section 415.090 may be constructed to replace any existing mobile home, trailer home, single-wide home, manufactured home, premanufactured home, or double-wide home as defined in Article II, Section 415.090.

Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area.

Parking Regulations. A minimum of two (2) off-street parking spaces shall be provided per family dwelling. On-street parking is prohibited in R-2 Districts.

Dimensional Requirements.

Minimum Dwelling Area. Two-family dwellings shall have a minimum of eight hundred fifty (850) square feet of living area per dwelling unit, excluding carports and/or garages, porches and/or other appurtenances.

Minimum Lot Area. The minimum lot area for a two-family dwelling and accessory structures shall be no less than nine thousand (9,000) square feet.

Minimum Side Yard. The minimum side yard on each side of a two-family dwelling shall be ten (10) feet in width from a platted property line, except as provided in Article V, Section 415.150, and except that in no case shall a building be closer than ten (10) feet from the edge of a road surface of a public or private roadway.

Minimum Back Yard. The minimum back yard distance from the structure to the rear lot line shall be no less than fifteen (15) feet, except as provided in Article V, Section 415.150.

Accessory Structures. Accessory structures shall not generally be located in any setback yard except as provided in Article V, Section 415.150.

Height Restrictions. No structure shall exceed forty (40) feet in height as defined in Article II, Section 415.090, unless specifically permitted.

Special Uses. An approved permit must be obtained from the Planning and Zoning Commission for special uses. See Article VIII of this Chapter for procedures.

Ventless Fireplaces. Ventless fireplaces are permitted in dwelling units, provided that:

Units must be installed according to manufacturer's instructions. Where identified by the manufacturer, installation must meet specific codes listed in installation instructions.

All clearances must be met, including those around vent pipes, finish materials, mantels and wood surrounds.

Manufacturer's specifications for room sizing requirements and ventilation systems must be adhered to.

Section 415.200 R-3 Four-Family.

[Ord. No. 97-1, 10-14-1997; Ord. No. 06-12, 10-10-2006]

Use Regulations.

Any use permitted in the R-1 Single-Family Dwelling or R-2 Two-Family Dwelling Districts.

Four-family residential dwellings affixed to a permanent foundation.

Planned Development Districts providing R-1, R-2, and "Four-Family" dwellings as approved by the Planning and Zoning Commission.

Accessory buildings customary, incidental and subordinate to the use of the main buildings.

Special uses such as churches, golf courses and country clubs, home occupations, public parks and playgrounds, public buildings, facilities and utilities as permitted by the Planning and Zoning Commission. See Article VIII of this Chapter for procedures.

Same-site replacement of mobile homes, trailer homes, or single-wide homes as defined in Article II, Section 415.090, must be units defined in Article II, Section 415.090, that are fewer than ten (10) years old, or the units must be inspected by an inspection company approved by the Village at the owner's expense to determine that all mechanical systems are functional and adequate, and that all structural components, including but not limited to windows, siding, roof, insulation, and flooring, are in good functional repair, or with units defined in Article II, Section 415.090, or a stick-built home.

Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area, including any unseverable common areas.

Parking Regulations. A minimum of one and one-half (1.5) off-street parking spaces shall be provided per family unit. Parking within the road right-of-way is prohibited.

Dimensional Requirements.

Minimum Dwelling Area. Four-family dwellings shall have a minimum of six hundred fifty (650) square feet of living area for each dwelling unit, excluding carports and/or garages, porches and/or other appurtenances.

Minimum Lot Area. The minimum lot area for a four-family dwelling building and accessory structures shall be no less than fifteen thousand (15,000) square feet or three thousand seven hundred fifty (3,750) square feet per dwelling unit, whichever is greater, except that overall density on a collection of more than four (4) adjacent lots shall not exceed an equivalent overall density of ten (10) dwelling units per acre.

Minimum Side Yard. The minimum side yard on each side of a four-family dwelling shall be ten (10) feet in width from a platted property line, except as provided in Article V, Section 415.150.

Minimum Back Yard. The minimum back yard distance from the structure to the rear lot line shall be no less than fifteen (15) feet, except as provided in Article V, Section 415.150.

Accessory Structures. Accessory structures shall not be located in any setback yard except as provided in Article V, Section 415.150.

Height Restrictions. No structure shall exceed fifty (50) feet in height, as defined in Article II, Section 415.090, unless specifically permitted by the Planning and Zoning Commission. Every building in excess of thirty (30) feet in height shall provide one (1) additional foot of side, rear and front setback for each additional two (2) feet in height above thirty (30) feet.

Special Uses. An approved permit must be obtained from the Planning and Zoning Commission for special uses. See Article VIII of this Chapter for procedures.

Ventless Fireplaces. Ventless fireplaces are permitted in dwelling units, provided that:

Units must be installed according to manufacturer's instructions. Where identified by the manufacturer, installation must meet specific codes listed in installation instructions.

All clearances must be met, including those around vent pipes, finish materials, mantels and wood surrounds.

Manufacturer's specifications for room sizing requirements and ventilation systems must be adhered to.

Section 415.210 R-4 Multi-Family.

[Ord. No. 97-1; 10-14-1997; Ord. No. 06-12, 10-10-2006]

Use Regulations.

Any use permitted in the R-1 Single-Family Dwelling, R-2 Two-Family or R-3 Four-Family Dwelling Districts.

High-density attached residential dwellings of more than four (4) dwelling units per building affixed to a permanent foundation served by common facilities and open space.

Accessory buildings customary, incidental and subordinate to the use of the main buildings.

Structures that are mobile homes, trailer homes, single-wide homes, manufactured homes, premanufactured homes and double-wide homes, as defined in Article II, Section 415.090, are prohibited in the R-4 District.

Same-site/same-type replacement [i.e., remove one (1) unit and replace with same type of unit on same site] manufactured homes, premanufactured homes and double-wide homes, as defined in Article II, Section 415.090, must either be with units that are fewer than ten (10) years old, or the units must be inspected by an inspection company approved by the Village at the owner's expense to determine that all mechanical systems are functional and adequate and that all structural components, including but not limited to windows, siding, roof, insulation, and flooring are in good, functional repair.

Same-site replacement of mobile homes, trailer homes, or single-wide homes as defined in Article II, Section 415.090, must be units defined in Article II, Section 415.090, that are fewer than ten (10) years old, or the units must be inspected by an inspection company approved by the Village at the owner's expense to determine that all mechanical systems are functional and adequate, and that all structural components, including but not limited to windows, siding, roof, insulation, and flooring, are in good functional repair, or with units defined in Article II, Section 415.090, or a stick-built home.

Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area including any non severable common areas.

Parking Regulations. A minimum of one and one-half (1.5) off street parking spaces shall be provided per family unit. Parking within the road right-of-way is prohibited.

Dimensional Requirements.

Minimum Dwelling Area. Multi-family dwellings shall have a minimum of six hundred fifty (650) square feet of living area for each dwelling unit, excluding carports and/or garages, porches and/or other appurtenances.

Minimum Lot Area. The minimum lot area for a multi-family dwelling building and accessory structures shall be no less than forty thousand (40,000) square feet or three thousand seven hundred fifty (3,750) square feet per dwelling unit, whichever is greater, except that overall density on a collection of more than four (4) adjacent lots shall not exceed an equivalent overall density of twelve (12) dwelling units per acre.

Minimum Side Yard. The minimum side yard on each side of a multi-family dwelling shall be ten (10) feet in width from a platted property line except as provided in Article V, Section 415.150.

Minimum Back Yard. The minimum back yard distance from the structure to the rear lot line shall be no less than fifteen (15) feet, except as provided in Article V, Section 415.150.

Accessory Structures. Accessory structures shall not be located in any setback yard except as provided in Article V, Section 415.150.

Height Restrictions. No structure shall exceed fifty (50) feet in height as defined in Article II, Section 415.090, unless specifically permitted by the Planning and Zoning Commission. Every building in excess of thirty (30) feet in height shall provide one (1) additional foot of side, rear and front setback for each additional two (2) feet in height above thirty (30) feet.

Special Uses. An approved permit must be obtained from the Planning and Zoning Commission for special uses. See Article VIII of this Chapter for procedures.

Ventless Fireplaces. Ventless fireplaces are permitted in dwelling units, provided that:

Units must be installed according to manufacturer's instructions. Where identified by the manufacturer, installation must meet specific codes listed in installation instructions.

All clearances must be met, including those around vent pipes, finish materials, mantels and wood surrounds.

Manufacturer's specifications for room sizing requirements and ventilation systems must be adhered to.

Section 415.220 C-1 Low-Intensity Commercial.

[Ord. No. 97-1, 10-14-1997; Ord. No. 00-5, 11-14-2000; Ord. No. 03-2, 4-15-2003; Ord. No. 04-07, 12-14-2004; Ord. No. 06-12, 10-10-2006]

Permitted Uses. All buildings and land within a C-1 Zoning District shall be directly related to or incidental to accommodations for tourists and shall include the following primary uses:

Campgrounds.

Marina.

Motels, lodges, resorts, and other accommodations for rental on a nightly, weekly, or monthly basis, not to exceed three (3) consecutive calendar months in any four-month period.

Rental property as herein defined.

Time-share property or time-share units.

Structures that are mobile homes, trailer homes, single-wide homes, manufactured homes, premanufactured homes and double-wide homes as defined in Article II, Section 415.090, are prohibited in the C-1 District, except that these types of structures are permitted in tourist campgrounds when used as accommodations for customers or employees of the tourism business.

Same-site/same-type replacement [i.e., remove one (1) unit and replace with same type of unit on same site] manufactured homes, premanufactured homes and double-wide homes as defined in Article II, Section 415.090, must either be with units that are fewer than ten (10) years old, or the units must be inspected by an inspection company approved by the Village at the owner's expense to determine that all mechanical systems are functional and adequate and that all structural components, including but not limited to windows, siding, roof, insulation, and flooring are in good, functional repair.

Incidental Uses. The following may be permitted as incidental uses when such uses do not occupy more square footage of floor area and/or more square footage of site area than the primary permitted use, and such use is provided in support of the primary use within the same lot or parcel:

Barber and beauty shops.

Child day-care center.

Laundromat and cleaning establishments.

Miniature golf.

Offices.

Postal station.

Restaurants.

Retail shops.

Studios; art, music, drama, reducing, photographic and dance.

10.

Detached or attached residential housing for owners, operators and employees of the tourism business.

Coverage. Main and accessory buildings shall not cover more than forty percent (40%) of the site.

Parking Regulations. Off-street parking space shall be provided as follows: Motels, Lodges and Resorts - one (1) space for each rental unit plus one (1) space for each two (2) employees during the largest work shift. Restaurants - one parking space for each two and five tenths seats based on maximum seating capacity. Other - one parking space for each two hundred (200) square feet of Gross Leasable Area (GLA).

Dimensional Requirements.

Front Yard. The minimum front yard setback for commercial structures in the C-1 Zoning District shall be no less than ten (10) feet from a platted property line, except that in no case shall a building line be closer than fifteen (15) feet from the edge of road surface of a public or private roadway. Where parking is a consideration within the front yard setback area, the minimum setback shall be thirty-five (35) feet from a platted property line, except that in no case shall a building line be closer than fifteen (15) feet from the edge of road surface of a public or private roadway. A special permit from the Planning and Zoning Commission is required for front yard parking with less than thirty-five (35) feet setback.

Front Yard Exceptions. The front yard regulations for structures erected or structurally altered for dwelling purposes shall be fifteen (15) feet from platted property line and that in no case shall a building be closer than fifteen (15) feet from the edge of a road surface of a public or private roadway.

Side Yard. No side yard dimension is set for the C-1 Commercial District where side yard property lines are adjacent to other C-1 property. A ten-foot side yard setback is required where C-1 property is adjacent to any residential zone. Structures erected or structurally altered for dwelling purposes shall be ten (10) feet in width from a platted property line, except as provided in Article V, Section 415.150.

Rear Yard. The minimum rear yard setback for commercial structures in the C-1 Zoning District shall be no less than ten (10) feet, except as provided for in Article V, Section 415.150.

Height Restrictions. No non-building or non-dwelling structure, including but not limited to tanks, towers, poles or antennas, shall exceed fifty (50) feet in height as measured from the highest elevation where the finished grade meets the foundation of the structure, unless specifically permitted by the Planning and Zoning Commission.

Section 415.230 C-2 General Commercial.

[Ord. No. 97-1, 10-14-1997; Ord. No. 01-2, 2-13-2001]

Use Regulations. All uses permitted as primary or incidental uses within a C-1 Commercial District and any other nonresidential use not otherwise prohibited by this Chapter.

Planned Development Requirement. Any use in the C-2 District must be developed according to a Planned Development District as set forth in this Article.

Parking Regulations. Same as C-1 or as authorized by Planned Development District.

Lot Coverage. Same as C-1 or as authorized in by Planned Development District.

Building Height. Same as C-1 or as authorized in by Planned Development District.

Operation Of Business. All of the uses permitted under this Section shall not emit any dust or smoke or noxious odors or fumes outside the property where the operation is located or produce an unreasonable noise level that would create a nuisance on the adjacent street or property. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or plantings that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.

Outside Storage. No outside storage of materials or displays of merchandise shall be permitted under any circumstances.

Lot Dimensional Requirements. Same as C-1 or as authorized by Planned Development District.

Official Zoning Map Limitation. No C-2 Zoning District designations shall be granted and shown on the Official Zoning Map without approval of a Planned Development District by the Planning and Zoning Commission.

Section 415.240 PDD Planned Development District.

[Ord. No. 97-1, 10-14-1997; Ord. No. 04-07, 12-14-2004]

Purpose And Intent. The intent of the Planned Development District (PDD) regulations is to permit greater flexibility and consequently more creative and imaginative design in lot sizes, setbacks and site development standards than generally is possible under conventional zoning regulations in recognition of the opportunity to preserve unique topographic, vegetation or other site features. The purpose of the PDD is also to ensure that development possible in the C-2 District is compatible with the general low-intensity scale and sensitive natural environment of Indian Point.

Creation Of A PDD. It is hereby intended to permit, upon application and upon approval of site and use plans, the creation of a Planned Development District. Such a designation shall be determined by and shall be designed to lessen traffic congestion in the streets, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements, and with a reasonable consideration being given, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the Village. In PDDs, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot by lot rather than a unified basis.

Application of Planned Development District Provisions. A PDD may be proposed for any location in the Village.

Effect of Planned Development District Approval. Approval of a Planned Development District shall constitute an authorized alternative to specific site development requirements for a specific zoning district as stated in this Chapter. Designation of a property as a Planned Development District in accordance with an approved development plan shall overlay and supplement all existing zoning classifications. Such property shall, for zoning purposes, be identified by the letters "PDD" followed by an identifying number with the underlying zoning indicated. Provisions of such PDD approval shall be in full force and effect unless otherwise amended by action of the Planning Zoning Commission. Development of the property shall only be permitted in accordance with the approved PDD plans unless amendments to such PDD plans have been approved by the Planning and Zoning Commission.

Development Intensity. The intensity of the Planned Development District as a whole or by subarea shall not exceed that allowed in the comparable zoning district of the allowed uses on an aggregate lot basis.

Public Facilities. All uses within the planned unit development are required to be connected to public utilities, including water, sewer, electricity, gas, and telephone, where these facilities are available at the time of construction. If not available at the time of construction, easements for future connections to such utilities shall be provided in accordance with provisions set forth in Chapter 410, Subdivision Regulations. The intent of the Board of Trustees is to require the use of public utilities when and where available.

Parking. Unless specifically modified by the Planned Development District, parking requirements specified in each applicable land use district shall apply. Reductions in parking requirements shall be approved only if it can be demonstrated that parking demand will be less due to the design and character of the planned development.

Perimeter Treatment. The planned development district shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The Board of Trustees may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

Zoning District PDD Application Process. Applications for Planned Development District shall be processed pursuant to a three-step review process. This procedure shall include:

A preapplication conference;

A preliminary development proposal; and

A final development proposal outlined in the following sections.

Preapplication Conference.

Not less than forty-five (45) working days before preparing and submitting the preliminary plat to the Commission, the developer and/or his/her engineer shall consult with the Zoning Administrator, while the plat is in sketch form, to ascertain the location of proposed arterial, collector streets, minor streets, parks, playgrounds, and other community facilities or planned developments and to acquaint himself/herself with the Commission's requirements. During the preapplication proceedings, the general features of the planned development district, its layout, facilities and required improvements shall be determined to the extent necessary for the preparation of the preliminary planned unit development proposal. Preapplication proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished to the developer.

The Village shall have the right to schedule any other meetings within the forty-five-day reviewing period necessary to ensure that the Planned Development District is compatible with the principles of the Comprehensive Plan. It shall be the responsibility of the Village to schedule such meetings to include the developer and/or his/her engineer.

Preliminary Proposal.

The developer shall submit to the Commission a preliminary proposal of the proposed Planned Development District which shall conform with the requirements set forth in Article V, Section 415.210, of this Chapter at least thirty (30) working days prior to the meeting of the Commission at which action is desired.

The preliminary proposal shall also include a graphic concept plan at a scale of one (1) inch equals one hundred (100) feet. A written descriptive summary shall also be submitted that shall include, but not be limited to, any supporting material describing the overall concept of the proposed development, the uses included and any limitations upon uses; building types; provisions for maintenance of common use areas where applicable; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to a determination of compliance with this Article. Additionally, the written concept plan must include a section detailing the beneficial aspects to the community of the Planned Development District proposal. A circulation plan must be included in the preliminary proposal. This plan would indicate any roads adjoining the property; the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. A traffic flow and projected volumes would be a part of the circulation plan. The circulation plan may be included as part of the master conceptual plan.

An improvement plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal including the method and location of sewage discharge; methods and facilities for the management of stormwater runoff; improvements to streets and roads; and any other physical improvements required to support the project.

Final Proposal.

Upon approval of the preliminary proposal by the Commission, the developer shall submit the final proposal of the Planned Development District in accordance with the requirements of Chapter 410, Subdivision Regulations, Section 410.300, Final Plats, at least thirty (30) working days prior to the Commission meeting at which action is desired.

Approval of the final proposal for a Planned Development District includes the approval of the subdivision final plat and amendment to the Official Zoning Map and Future Development Guide. Approval of the amendment to the Official Zoning Map and Future Development Guide requires a public hearing before the Commission and the Board of Trustees in accordance with the requirements set forth in these codes.

Section 415.250 A-1 Agricultural.

[Ord. No. 97-1, 10-14-1997; Ord. No. 03-2, 4-15-2003]

Use Regulations. All buildings and land within an A-1 Zoning District shall be limited to the following uses:

Single-family detached dwellings affixed to a permanent foundation.

Accessory buildings customary, incidental, and subordinate to the main building.

Agriculture, including customary agricultural structures, provided that all structures and animals are kept a minimum of two hundred (200) feet from property lines.

No use which constitutes a public nuisance such as air, water, noise, or ground pollution is permitted.

Parking Regulations. A minimum of two (2) off-street parking spaces shall be provided per family unit. Parking within the road right-of-way is prohibited.

Dimensional Requirements.

Front Yard. The minimum front yard setback shall be twenty-five (25) feet from platted property lines, except that in no case shall a building line be closer than twenty-five (25) feet from road surface of a public or private roadway.

Side Yard. The minimum side yard shall be not less than ten (10) feet from the platted property lines, except as provided for in Article V, Section 415.150, except that in no case shall a building line be closer than ten (10) feet from road surface of a public or private roadway.

Back Yard. The minimum back yard distance from the structure to the rear lot line shall be no less than fifteen (15) feet, except as provided for in Article V, Section 415.150.

Time-Share Exclusion. No property within any district zoned A-1 Agricultural shall be used as time-share property or as a time-share unit.

Rental Property Exclusion. No building or lot within any district zoned A-1 Agricultural shall be used as rental property as defined in Article II, Section 415.090. Such restriction shall not include the lease of buildings or lots as defined in Article II, Section 415.090.

Zone Change Requests. The property owner or agent of the owner shall seek a zoning change from the Planning and Zoning Commission to authorize development of all or a specific part of the Agricultural zoned property. Request for change of zoning shall follow the guidelines identified in Article X, Site Plan Review.