[CC 1976 App. A §5.01; Ord. No. 2449 §1, 11-14-1988]
Unless otherwise stated, the regulations hereafter established
shall apply within all districts established by this Chapter. These
general regulations supplement and qualify the district regulations
appearing elsewhere in this Chapter.
[CC 1976 App. A §5.02; Ord. No. 2449 §1, 11-14-1988]
A.
Public And Semi-Public Buildings. In any district, public
or semi-public buildings, such as hospitals, churches; sanitariums
or schools, either public or private, there permitted, may be erected
to a height not exceeding seventy-five (75) feet, provided that such
buildings shall have yards which shall be increased one (1) foot on
all sides for each additional foot that such buildings exceed the
specified height limit as established by the regulations of the district
in which such buildings are situated.
B.
Structural Projections. Chimneys, cooling towers, elevator
headhouses, fire towers, grain elevators, monuments, stacks, stage
towers, or scenery lofts, tanks, water towers, ornamental towers,
and spires, church steeples, radio and television towers or necessary
mechanical appurtenances, usually required to be placed above the
roof level and not intended for human occupancy, shall not exceed
the height regulations of the district in which the structure is situated
by more than fifteen percent (15%), except as indicated below.
1.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article X of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
2.
Radio, television, and microwave transmission towers shall only be
permitted as conditional uses upon sites located within the "M-1"
Zoning District.
[CC 1976 App. A §5.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2009-4 §1, 2-9-2009]
A.
Commercial/Industrial Front Yards. In District "C-1" to
"M-1" inclusive, where buildings located in the same block on the
same side of a street have provided front yards of greater depth than
herein required, the Planning and Zoning Commission may require a
similar setback for buildings or structures constructed thereafter.
B.
Determination Of Setbacks. In measuring a yard, the minimum
horizontal distance between the proposed right-of-way line and the
main building shall be used. The required setback line shall be measured
from the proposed right-of-way line which shall be determined by the
Director of Public Works. If a new or existing street is not defined
by the adopted comprehensive plan, the required width of said street
in question shall be determined by the Planning and Zoning Commission.
C.
Structural Projections. Every part of a required yard or
court shall be open from its lowest point to the sky unobstructed,
except for the ordinary projection of sills, belt courses, cornices,
chimneys, buttresses, ornamental features, and eaves, provided however,
that none of the above projections shall extend into a minimum yard
more than thirty (30) inches; and provided further that balconies,
canopies, or open porches having an area not exceeding sixty (60)
square feet may project a maximum of six (6) feet into the required
front or rear yard, and existing open porches extending into the required
yard shall not be enclosed. Mechanical units are specifically excluded
from this exception, whether attached or detached.
D.
Fire Escapes/Balconies. An open fire escape may project
into a required side yard not more than half the width of such yard,
but not more than four (4) feet from the building. Fire escapes, solid
floored balconies, and enclosed outside stairways may project not
more than four (4) feet into a required rear yard.
F.
Sight Triangle. On a corner lot in any district, new commercial
and industrial developments shall conform to the requirements of the
site triangle which nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision between
a height of two (2) feet and eight (8) feet above the grades at the
back of the curb of the intersecting streets, within the triangular
area formed by the right-of-way lines and a line connecting them at
points thirty (30) feet from their point of intersection or at equivalent
points on private streets, except that the site (sight) triangle shall
be increased for certain uses when deemed necessary for traffic safety
by the City Council.
G.
Commercial/Industrial Rear Yards. No rear yard shall be
required in Districts "C-2" to "M-1" inclusive or any lot used for
business or industrial purposes, the rear line of which adjoins a
railway right-of-way or which has a rear railway track connection.
H.
Through Lots. A through lot having one (1) end abutting
a limited access highway, with no access permitted to that lot from
said highway, shall be deemed to front upon the street which gives
access to that lot.
I.
Roof Overhangs. Roof overhangs projecting not to exceed
twenty-four (24) inches, except that roof overhangs on the south side
of a building may project forty-eight (48) inches into a side or rear
yard, but no closer than forty-eight (48) inches to a property line.
J.
Porches. Uncovered slab type porches or paved terraces and
patios having a maximum height of not more than twelve (12) inches
above ground elevation at any point may project into any yard except
that the projection into the front yard shall not exceed ten (10)
feet.
K.
The
replacement of an existing front porch shall be excluded from front
yard setback requirements provided that the replacement front porch
furnishes a front yard setback of no less than that of the existing
front porch and the replacement is constructed of like or better materials.
[CC 1976 App. A §5.04; Ord. No. 2449 §1, 11-14-1988]
In computing the amount of lot coverage, the amount of coverage
shall include the total area of all principal and accessory buildings
as measured along the outside wall at ground level or as viewed from
above and includes all projections other than open porches, fire escapes,
canopies or the first forty-eight (48) inches of a roof over-hang.
Roads, driveways, parking lots, patios and in-ground swimming pools
shall not be included in maximum lot coverage requirements; however,
decks and above-ground pools shall be counted as part of the maximum
lot coverage requirements.
[CC 1976 App. A §5.05; Ord. No. 2449 §1, 11-14-1988]
A.
Access To Business And Industrial Districts. No land which
is located in a residential district shall be used for a major access
route to any land which is located in any business or industrial district;
provided however, that this Section shall not prohibit pedestrian
walks and driveway connections between residential districts and neighborhood
shops when incorporated as a part of a planned district development.
B.
Street Access. All lots shall abut a street other than an
alley for a width of at least thirty-five (35) feet.
[Ord. No. 2007-56 §2, 12-10-2007]
A.
Every
public utility, cable company, video services provider and other users
of the City's rights-of-way or adjacent easements to provide services
shall comply with the supplemental regulations in this Section regarding
the placement of accessory utility facilities on public or private
property. For purposes of this Section, "accessory utility
facilities" shall mean such facilities, including pedestals,
boxes, vaults, cabinets or other ground-mounted or below-ground facilities
that directly serve the property or local area in which the facility
is placed, are not primarily for transmission or distribution to other
locations, do not materially alter the character of the neighborhood
or area and otherwise are customarily found in such areas. Except
where limited by other provisions of City ordinance, accessory utility
facilities shall be subject to the following supplementary regulations:
1.
Approval — design — location — application
— notice. The design, location and nature of all accessory
utility facilities on private or public property shall require approval
of the City, which approval shall be considered in a non-discriminatory
manner, in conformance with this Section and subject to reasonable
permit conditions as may be necessary to meet the requirements of
this Section. To that end, prior to any construction, excavation,
installation, expansion or other work on any accessory utility facility,
the facility owner shall apply to the City and submit detailed plans
for the City's review and approval. Contemporaneous with such application,
the facility owner shall provide notice to all private property owners
within one hundred eighty-five (185) feet of the location of the proposed
construction, excavation or other work. Notice shall include detailed
description of the proposed work to be done, the exact location of
proposed work and the anticipated time and duration of the proposed
work. Notice shall be given at least forty-eight (48) hours prior
to the commencement of any such work. In considering individual applications
or multiple location applications, the City shall review the request
to ensure the proposed facilities do not impair public safety, harm
property values or significant sight-lines or degrade the aesthetics
of the adjoining properties or neighborhood and taking into consideration
reasonable alternatives. Any material changes or extensions to such
facilities or the construction of any additional structures shall
be subject to the requirements and approvals as set forth herein.
Unless otherwise prohibited, accessory utility facilities subject
to this Subsection may be located in minimum setback areas provided
that all other requirements are met. To the extent permitted by Section
67.2707.1(3), RSMo., the time, method, manner or location of facilities
to be located in the rights-of-way may be established or conditioned
by the City to protect the rights-of-way or to ensure public safety.
An inspection fee shall be required as may be established by the City
to reimburse the City for the costs of review and inspection of accessory
utility facilities as may be permitted by applicable law.
2.
General regulations. The following general regulations
apply to all accessory utility facilities:
b.
All such facilities shall be constructed and maintained in such a
manner so as not to emit any unnecessary or intrusive noise.
c.
All facilities shall be deemed abandoned after six (6) continuous
months of non-use and shall therefore be removed within thirty (30)
days thereafter at the cost of the facility owner. Land from which
abandoned facilities are removed, whether private or public property,
shall be restored within thirty (30) days of removal by the facility
owner or have costs of such remedies charged to the facility owner.
The facility owner shall restore the land using similar plantings
or sod of the same type of grass immediately surrounding the land
and shall replace all existing plantings damaged by the removal work
with like plantings and shall replace all damaged existing grass areas
with sod of the same type of grass as was damaged.
d.
Unless otherwise restricted, utility poles for authorized above ground
lines or facilities shall be permitted up to forty-five (45) feet
in height where utilities are not otherwise required to be placed
underground; provided that such poles shall be no higher than necessary,
maintained so as to avoid leaning from upright position and without
use of guy wires crossing rights-of-way or pedestrian routes except
where approved by the City as necessary due to the lack of feasible
alternatives.
e.
Accessory utility facilities placed in designated historic areas
or upon a historic structure may be subject to additional requirements
regarding the placement and appearance of facilities as may be necessary
to reasonably avoid or reduce any negative impact of such placement.
f.
Any damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be remedied
by the facility owner within thirty (30) days of such damage.
g.
No facilities may be located so as to interfere, or be likely to
interfere, with any public facilities or use of public property.
3.
Residential districts. In residential districts
and rights-of-way adjacent thereto, accessory utility facilities less
than three and one-half (3½) feet in height and covering less
than eight (8) square feet in area may be installed above ground with
the prior approval of the City. Except as otherwise may be authorized
herein, any larger utility facility shall be installed underground
or authorized to be installed above ground only by conditional use
permit. All above ground facilities, where authorized, shall be placed
in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public rights-of-way unless otherwise approved
by the City upon a determination that all other alternatives are not
feasible.
4.
Non-residential districts. In non-residential districts
and rights-of-way adjacent thereto, accessory utility facilities with
a height of less than five (5) feet and covering less than sixteen
(16) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger utility facility shall be installed underground or authorized
to be installed above ground only by conditional use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public rights-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
5.
Landscape screening. A sightproof landscape screen
shall be provided for all authorized above ground facilities taller
than three (3) feet in height or covering in excess of four (4) square
feet in area. Such screen shall be required to sufficiently conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be submitted by the utility and approved
by the City prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
maintenance, repair or replacement of screening materials. Alternative
screening or concealment may be approved by the City to the extent
it meets or exceeds the purposes of these requirements. Facilities
located in rear yards may be exempted from screening where located
so as not to be visible from (1) any public property, and (2) more
than two (2) residential dwelling units. Any required screening shall
be completed within the timeframe set forth in the permit required
under this Section or not less than thirty (30) days from issuance
of the permit, if not otherwise stated.
6.
Compliance with other laws. All accessory utility
facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the supplementary regulations
herein. The provisions of this Section shall not apply to any circumstance
or entity in which application under such circumstances is pre-empted
or otherwise precluded by superseding law.
[CC 1976 App. A §5.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord. No. 2009-20 §1, 8-10-2009]
A.
No
accessory building or structure shall be used prior to the principal
building or use, except as a construction facility for the principal
building. An accessory building attached to the principal building
of a lot shall be made a structural part thereof and shall comply
with the provisions of this Chapter. Accessory buildings, except garages,
must be located in the rear yard of a lot and must conform to all
provisions of this Chapter. On a corner lot, all accessory buildings
(except garages and recreational vehicle pads) must be located in
the rear yard of a lot on the interior side.
1.
Attached accessory buildings. Any accessory building
which is structurally attached to, or located within ten (10) feet
of, the principal building of a lot shall be considered part of the
principal building and shall comply with all provisions of this Chapter
pertaining thereto.
2.
Detached accessory buildings and structures.
a.
Height. In any district, a detached accessory building
or structure shall not exceed twenty-five (25) feet or two (2) stories
in height and shall not be higher than the main building.
b.
Yard and area requirements. No detached accessory
building or structure, except garages, shall be erected in any required
front or side yard. Detached accessory buildings may be located in
the rear yard but shall not occupy more than thirty percent (30%)
of the rear yard area, except as otherwise regulated by this Chapter.
No detached building or structure may be erected closer than three
(3) feet to the rear or side lot line. In no case shall any accessory
structure be located in a required transition strip or a recorded
easement area.
c.
Building bulk regulations. No accessory building
or structure shall be larger in total area then twenty percent (20%)
of the total building area of the principal structure on the lot.
3.
Specific use regulations.
a.
Private residential garages shall not exceed five hundred thirty
(530) square feet in floor area, shall be used only for the housing
of passenger automobiles or trucks and may contain an accessory workshop
use as regulated by this Chapter. An additional floor area of two
hundred (200) square feet may be provided for each three thousand
(3,000) square feet of lot area by which such lot exceeds six thousand
(6,000) square feet in area.
b.
Each residence within a single-family zoning district shall be permitted
one (1) shed not exceeding one hundred fifty (150) square feet in
floor area for storage purposes.
c.
No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the principal building upon the lot is also being used. However, nothing shall prevent the use of a temporary construction shed, or trailer, by a contractor during building construction in accordance with Section 400.340(B)(2).
4.
Satellite dish receiving antennas.
a.
General.
(1)
No satellite dish receiving antenna shall be constructed in
any front or side yard, but shall be constructed to the rear of the
residence or main structure. In the case of a corner lot, the antenna
shall be placed along the common lot line, rather than the street
side of the lot and shall be so placed to maximize screening from
the street.
(2)
No satellite dish receiving antenna, including its concrete
base slab or other substructure, shall be constructed less than twelve
(12) feet from any property line.
(3)
No ground-mounted satellite dish receiving antenna shall be
constructed without appropriate evergreen landscaping to reasonably
conceal said antenna from view. The proposed planting shall be in
place and completed before any final approval is granted by the Director
of Public Works.
(4)
All structural supports shall be of galvanized metal.
(5)
Wiring between the satellite dish receiving antenna and a receiver
shall be placed at least four (4) inches beneath the surface of the
ground within rigid conduit.
(6)
All satellite dish receiving antennas shall be designed to withstand
a wind force of seventy-five (75) miles per hour without the use of
supporting guy wires.
(7)
Any driving motor shall be limited to one hundred ten (110)
volts maximum power design and be encased in protective guards.
(8)
All satellite receiving antennas shall be bonded to a grounding
rod.
(9)
Antennas and screening shall be removed at the owner's expense
upon termination or revocation of the required antenna permit.
(10)
Maximum heights and diameters according to single-family lot
size in Zoning District are as follows:
|
|
District/Lot Size
|
Maximum Diameter
(feet)
|
Maximum Height Above Ground Level
(feet)
|
|---|---|---|---|
|
|
"R-1" through "R-4"
|
8
|
8
|
|
"R-5" and "R-6"
|
11
|
13
| |
|
"C-1"
|
11
|
13
| |
|
"C-2"
|
11
|
13
| |
|
"M-1"
|
11
|
13
| |
|
|
"PD" (Planned Development). For each use as they would fall
under the standard categories above.
| ||
b.
Residential districts.
(1)
A maximum of one (1) satellite dish receiving antenna shall
be permitted per lot, and shall be permitted for the private, non-commercial
use of that property owner only, and shall not be attached to receiving
stations on any other lot.
(2)
The highest portion of a satellite dish receiving antenna may
not exceed a grade height of twelve (12) feet above the ground, and
in no case may an antenna be mounted upon the roof of any structure.
(3)
In the case of the "R-6" Condominium District and "R-5" Apartment
District, one (1) master satellite dish receiving antenna may be permitted
to service the entire development, subject to approval of the City
Council.
c.
Commercial districts.
(1)
Roof-mounting of satellite dish receiving antennas shall be
permitted upon commercial and industrial buildings within the "C-1"
Neighborhood Commercial District, the "C-2" General Commercial District,
the "M-1" Manufacturing District, and the "PD" Planned Development
District, provided that the antenna is placed in such a fashion as
to not be visible from surrounding properties or the public street,
subject to following criteria:
(2)
More than one (1) satellite dish receiving antenna may be permitted
per commercial or industrial lot in the "C-1", "C-2", "PD" or "M-1"
Districts.
d.
Application for permit. Application for an antenna
permit for a satellite dish receiving antenna shall be required and
shall include the following:
(1)
A site plan showing the adjacent properties, antenna location
including distances from the main structure of the lot and adjoining
property lines, and proposed screening features.
(2)
A drawing or picture of the antenna with all pertinent dimensions.
(3)
A drawing of the method of installation, including footings
and base supports.
e.
Conformance to Building and Electrical Codes. In
addition to the aforementioned construction performance standards
outlined, construction and installation of the satellite dish receiving
antenna shall conform to all requirements of the City's adopted Building
and Electrical Codes.
[Ord. No. 2004-30 §3, 5-24-2004]
A.
Unless
otherwise required by law, places of public assembly may only be permitted,
whether as a principal or accessory use, upon meeting the minimum
standards set forth herein and no building or other permit shall be
issued until a site plan has been reviewed and approved by the Planning
and Zoning Commission for the specific location.
2.
Occupancy limited. Places of public assembly shall
only be permitted within independent, freestanding buildings upon
independent lots. The place of public assembly shall be the principal
use of the building and shall not be permitted within a multiple-use
building.
3.
Site design standards. The following site design
standards shall be met by all places of public assembly:
a.
Minimum lot area. The minimum lot area shall be
adequate to provide the yard area necessary to accommodate all setbacks,
transition yards and parking required by the proposed structure, but
in no case shall it be less than one (1) acre in size.
b.
Minimum lot width. The minimum lot width, at the
street right-of-way line, shall be no less than two hundred (200)
feet.
c.
Minimum lot depth. The minimum lot depth shall be
no less than two hundred (200) feet.
d.
Setbacks.
(1)
Front yard. There shall be a front yard having
a depth of no less than thirty (30) feet. On corner lots, the front
yard requirement shall apply to both streets.
(2)
Side yard. There shall be a side yard on each
side of the building of not less than twenty-five (25) feet.
(3)
Rear yard. There shall be a rear yard having
a depth of not less than forty (40) feet.
e.
Transition yard. Where a side or rear lot line coincides
with a side or rear lot line of an adjoining residence, a landscaped
yard of at least fifteen (15) feet in width shall be provided along
such lot line. In addition, a masonry wall or solid fence at least
six (6) feet in height shall be provided. In no instance shall the
transition yard requirements be considered to be met by driveways,
parking lots or other forms of impervious surface. At all times, the
transition yard shall be maintained open to the sky and shall not
be used for the storage of vehicles or equipment or as a location
for accessory buildings.
f.
Off-street parking. Off-street parking areas shall conform to all the regulations set forth in Article VII (including an approved site plan for parking, where required) with the exception that no off-street parking shall be permitted forward of the front building line of the proposed structure.
g.
Lighting. Exterior lighting proposed for use on
the site shall be planned, erected and maintained so that the light
is confined to the subject property and will not cast direct light
or glare upon adjacent properties. The light source shall not be higher
than sixteen (16) feet and shall be restricted to high or low sodium
type fixtures.
i.
Other performance standards. The proposed site shall
conform to all other regulations and performance standards set forth
in this Chapter and not specifically discussed above.
4.
Site plan required. A site plan and accompanying information, conforming to the requirements of Article IX, shall be submitted with each application for review and approval by the Planning and Zoning Commission.
5.
Building and structures compatibility. All proposed
buildings and structures shall be designed and constructed to take
advantage of and be compatible with the character of existing structures
in areas where a definite pattern or style of construction has been
established as determined by the Planning and Zoning Commission.
[CC 1976 App. A §5.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord.
No. 2022-23, 11-14-2022]
A.
GOODS or SERVICES
HOME-BASED BUSINESS
HOME-BASED WORK
HOME OCCUPATION
NO IMPACT HOME-BASED BUSINESS
1.
2.
a.
b.
c.
d.
e.
f.
g.
Definitions. As used
in this Section the following terms shall have the meanings indicated:
Any merchandise, equipment, products, supplies, or materials
or any labor performed in the interest or under the direction of others;
specifically, the performance of some useful act or series of acts
for the benefit of another, usually for a fee. Goods or services does
not include real property or any interests therein.
Any business operated in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
Either a no impact home-based business or resident(s) of the home performing home-based work meeting the narrowly tailored requirements of Subsection (B), General Restrictions And Limitations.
Any home-based business:
Where the total number of employees and clients on-site at one
(1) time does not exceed the occupancy limit for the residential dwelling;
and
The activities of the business:
Are limited to the sale of lawful goods and services;
May involve having more than one (1) client on the property
at one (1) time;
Do not cause a substantial increase in traffic through the residential
area;
Do not violate the residential parking requirements set forth in Chapter 355, and elsewhere in the Municipal Code of the City of Overland;
Occur inside the residential dwelling or in the yard of the
residential dwelling;
Are not visible from the street; and
Do not violate the narrowly tailored regulations in Subsection
(B), General Restrictions and Limitations.
B.
General
Restrictions And Limitations.
1.
Purpose. The requirements in this Subsection regulating home-based
businesses and home-based work are enacted for the purpose of:
a.
Protecting the public health and safety, including regulations related
to fire and building codes, health and sanitation, transportation
or traffic control, solid or hazardous waste, pollution, and noise
control;
b.
Ensuring that the business activity is compliant with City, State,
and Federal law; and
c.
Confirming that the business is paying applicable taxes.
2.
Permitted When; Conduct Of Home Occupations. Home Occupations shall
be permitted as an accessory use to a residential use in any residential
district subject to the requirements of this Subsection:
a.
The home occupation shall not occupy more than fifty percent (50%)
of the total floor area of the dwelling. For purposes of this Subsection,
"total floor area of the dwelling" shall not include basements, cellars,
garages (whether detached or attached), attics, non-habitable portions
of the residence or non-resident occupied habitable portions of the
residence. In computing the total floor area used in a home occupation,
the total floor area of any room or rooms, or if only one (1), the
entire structure, where any activity of the home occupation is conducted
or supplies, materials, inventory, or equipment is stored, shall be
included in such computation.
b.
The use of the dwelling for a home occupation shall be clearly incidental
and subordinate to its use for residential purposes by the occupant
of the dwelling.
c.
The home occupation shall not alter the residential character of
the residential building by altering or modifying the exterior of
the dwelling so as to indicate the presence of a home occupation.
d.
The home occupation shall not create other visible evidence of conduct of the home occupation or clear indication of a commercial operation (including outdoor storage) visible from the street or that does not occur inside the residential dwelling or in the yard of the residential dwelling. However, the owner may provide a home occupation sign which is in conformance with Article XIV, Signs.
e.
The home occupation shall comply with the requirements of Article VI, Environmental Performance Standards. In no case shall any equipment or process be used which creates visual or audible interference in any radio or television receiver located off of the lot on which such home occupation is conducted or which causes fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted.
f.
The home occupation shall not adversely affect the residential character
of the surrounding neighborhood by allowing or causing, for example:
g.
Parking generated by the conduct of a home occupation shall be provided
off-street and in conformance with this Zoning Code. No automobile,
other than those owned and registered in the name of the resident(s)
on which lot such home occupation is conducted, shall be parked overnight
or longer in any such off-street parking area
h.
The total number of employees and clients on-site at one (1) time
does not exceed the occupancy limit for the residential dwelling.
i.
The conduct of a home occupation is personal to and limited to the
resident of the lot on which the home occupation is being conducted.
Upon sale or conveyance of such lot, the home occupation shall not
continue to be operated by the previous owner from that location and
such use for a home occupation shall terminate. This requirement shall
not be construed as prohibiting the new owner of the property from
pursuing any legally permissible home occupation in his/her own right.
j.
A home occupation shall pay all applicable taxes and otherwise operate
in compliance with applicable City, State, and Federal law.
3.
No License Or Permit Required; Verification Of Payment Of Applicable
Taxes.
a.
A license is not required for home occupations nor any fee, but within
sixty (60) days of establishing a home occupation the resident is
asked to supply the City with: (1) a copy of their business's Missouri
Tax I.D. number and, for home occupations selling goods at retail,
a Statement of No Tax Due in accordance Missouri Statutes (Section
144.083.2 and 144.083.4, RSMo.); and (2) a written description of
the home occupation, the percentage of the dwelling to be occupied
by the home occupation, and the number of employees to be working
at the home occupation who are not residents of the home, or any other
information the Director of Community Development and/or Public Works
deems necessary to ascertain compliance with applicable statutes,
ordinances, or any other source of applicable law.
b.
To ensure the proposed home occupation complies with the requirements of this Subsection (B), at the time the above information is supplied by the resident, the City shall supply the resident with a copy of this Section or a summary of its requirements. Upon receipt of the written description, the City shall verify for the resident that the home occupation complies with the foregoing requirements. Any change in the amount of floor area occupied by the home occupation as detailed in the original description, number of employees, or the type of home occupation should be followed by a submission of a revised description and review and approval in accordance with this Section to assist the resident in continued compliance.
4.
Applicability. Nothing in this Section pertaining to home occupations
shall be deemed to:
a.
Prohibit mail order or telephone sales for home occupations;
b.
Prohibit service by appointment within the home or accessory structure;
c.
Prohibit or require structural modifications to the home or accessory
structure;
d.
Restrict the hours of operation for home occupations;
e.
Restrict storage or the use of equipment that does not produce effects
outside the home or accessory structure; or
f.
Restrict or prohibit a particular occupation that is legal under
the laws of the City, State, and United States.
[CC 1976 App. A §5.08; Ord. No. 2542 §1, 12-11-1989; Ord. No. 2004-30 §4, 5-24-2004; Ord.
No. 2021-08, 5-10-2021; Ord. No. 2021-09, 6-28-2021]
A.
Temporary Use Permit. The Director of Public Works is authorized
to issue a permit for the following listed temporary uses within any
Zoning District provided it meets the requirements of this Section.
The permit shall be issued for the specified period of time and shall
contain health, safety and traffic regulations. The Director of Public
Works may require such assurances or guarantees of compliance with
conditions as is reasonable and appropriate under the circumstances.
All temporary uses not listed in this Section, as well as any request
for any extensions beyond the specified time limit set by this Chapter
or the Director of Public Works, shall be automatically referred to
the Planning and Zoning Commission for review and approval.
B.
Temporary Uses Permitted.
1.
Christmas tree sales. Christmas tree sales in any
commercial or industrial district for a period not to exceed sixty
(60) days. Display of Christmas trees need not comply with the applicable
yard setback requirements provided that no display will encroach within
the required yard setback for any district and no display or equipment
shall be located within the thirty (30) foot sight triangle of a street
or driveway intersection as defined in this Chapter.
2.
Contractor's office. Temporary buildings or trailers
may be used as construction offices, field offices or for storage
of materials to be used in connection with the development of said
tract, provided that said temporary structures are removed from said
tract within thirty (30) days after completion of the project development.
Temporary buildings or trailers must also be removed from said tract
within thirty (30) days after voluntary suspension of work on the
project or development or after revocation of building permits, or
on order by the Director of Public Works upon a finding by him/her
that said temporary structure is deemed hazardous to the public health
and welfare. A bond in the amount of one thousand dollars ($1,000.00)
for their removal shall be posted with Overland.
3.
Real estate offices. 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 after the passage of thirty (30) days from the date
of the last transaction after ninety percent (90%) of the development
has been sold, rented, or leased. A bond in the amount of one thousand
dollars ($1,000.00) guaranteeing removal of any such temporary structure
or facility shall be posted with Overland prior to commencement of
use.
4.
Temporary outdoor retail sales and displays. The
temporary sale or display of goods or merchandise outdoors of a permanent
place of business, by that business, for a period of greater than
seven (7) days in duration, or greater in occurrence than four (4)
times a year may be permitted provided that the goods or merchandise
offered for sale shall not be placed in such a fashion as to occupy
any required parking space, extend into any required yard setback,
or obstruct the thirty (30) foot sight triangle of any driveway access
or public street. Please note, "sidewalk sales" conducted outdoors
of a permanent place of business, by that business for a period of
seven (7) days or less, and which do not occur more often than four
(4) times a year, shall be permitted without special approval by the
Planning and Zoning Commission.
5.
Temporary parking facilities. Recognizing that during
certain seasons of the year temperature and/or weather conditions
effectively prevent the surfacing of parking areas, the temporary
use of gravel surfaced parking areas may be permitted for a specified
period of time, provided that a bond or other form of surety acceptable
to the City is provided to the City in the amount of one hundred percent
(100%) of the estimated cost of the parking area improvement guaranteeing
paving of the parking area for which the temporary permit is issued.
In approving such a temporary permit, the Planning and Zoning Commission
shall establish a deadline which is in its judgment is the shortest
time period necessary to achieve the desired result.
6.
Carnivals and circuses. A carnival or circus may be permitted in any Zoning District, but only upon approval of a conditional use permit in conformance with the requirements of Article X, and then only for a period that does not exceed one (1) week. Such use shall comply with the applicable yard setback requirements, and shall not encroach within the required yard setback for the district in which it is located.
7.
Disasters. A mobile home may be permitted as a temporary
use for the purpose of providing a residential or non-residential
structure following a disaster, such as a fire, windstorm or flood
as declared by the Mayor of the City of Overland, provided that the
mobile home is located to minimize its impact on adjacent residential
areas. Such mobile home shall be removed from its location within
six (6) months after its original placement. However, the Commission
may extend the period six (6) additional months upon showing of good
cause by the owner.
8.
Portable storage containers. Portable storage containers
("PSC") may be permitted as accessory uses in residential districts,
subject to the following restrictions:
a.
Portable storage containers may be placed in a residential district
for no longer than thirty (30) days, provided that all setback and
building line requirements are met and, provided further, that the
PSC is placed on a paved surface or other surface approved by the
Director of Public Works.
b.
The Director of Public Works may permit the placement of a PSC on
a driveway located in the front yard of a residence for a period not
to exceed fifteen (15) days if the topography or dimensions of such
lot do not allow for the PSC to be located within all setback and
building lines.
c.
The Director of Public Works may permit the placement of a PSC on
a residential lot for more than thirty (30) days, subject to all building
setback requirements, if the residence is under construction or reconstruction
pursuant to a valid building permit or the if the lot owner has demonstrated
that extenuating circumstances exist to justify the extension. Extenuating
circumstances shall include, but are not limited to, disaster such
as tornado, fire, flood or earthquake.
d.
Signs on any PSC shall not exceed two (2) in number nor more than
six (6) square feet each and shall not exceed one (1) per side. In
the event that an extension of the original temporary permit's time
limit for placement of a PSC is granted by the Director of Public
Works, all signs must be removed or obscured.
e.
All PSCs must display a "placard" not to exceed one (1) square foot
in area which shall be clearly visible from the right-of-way and that
includes the PSC's serial/rental number, date of its placement on
the lot, date that removal is required and local telephone number
of PSC provider and lot owner.
f.
All PSCs must also meet the following requirements:
(1)
The PSC shall only be moved, loaded or unloaded between the
hours of 7:30 A.M. and 6:00 P.M. Monday through Saturday;
(2)
The PSC shall not be used for living quarters;
(3)
The PSC shall not be used to store flammables, explosives, firearms
or noxious chemicals;
(4)
The PSC shall not be externally illuminated or have any utilities
connected to it; and
(5)
The PSC shall not exceed eighty (8) feet in height, eight (8)
feet in width or twelve (12) feet in length.
C.
Temporary Dwelling Structures. No cabin, garage, cellar, basement, or other temporary structure whether of a fixed or moveable nature may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever, except as permitted by Subsection (B)(7), above.
[CC 1976 App. A §5.09; Ord. No. 2449 §1, 11-14-1988]
A.
Number Of Buildings Permitted Per Lot.
1.
Every single-family dwelling hereafter erected or structurally altered
shall be located on a separate lot or tract. In no case shall there
be more than one (1) detached single-family dwelling on one (1) lot
or tract (except for accessory buildings or uses, as defined herein).
2.
No accessory land use or development shall be established until a
primary structure or use is established on the same lot. No accessory
land use or development shall be allowed to continue after termination
of the primary use or development on a lot.
3.
In the event two (2) or more permitted, conditional or accessory
uses are conducted on the same tract of land, each having a different
minimum lot area requirement, the minimum lot area regulations for
the combined uses shall be the largest of the required minimum areas
for each of the particular uses.
B.
Approved Lots. Every building or complex of buildings erected
or structurally altered after November 14, 1988, shall be located
on a lot that meets the requirements of both this Chapter and Overland
Subdivision Regulations. The open space requirements for the district
in which each lot is located must likewise be met.
C.
Conversion Or Change In Occupancy Of A Single-Family Dwelling. In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted or changed to accommodate additional dwelling units or another use without first obtaining a conditional use permit. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by an approved conditional use permit and a detailed site plan approved by the Planning and Zoning Commission and the City Council, as provided in Article X, including a floor plan, showing full compliance with all other applicable regulations of this Chapter.
D.
Minimum Lot Size. Land dedicated to street right-of-way
shall not be included in computing minimum lot area for the purposes
of this Chapter.
However, if through dedication of street right-of-way, the area
of any lot or parcel already established via the provisions of the
Subdivision Regulations is decreased below the minimum area required
in the applicable Zoning District, development rights shall not be
denied.
E.
Residential Construction Materials. In all residential districts
within the City of Overland, Missouri, where forty-one percent (41%)
or more of the residences on the same street of the street, between
two (2) intersecting streets, are constructed such that the exterior
walls, from the top of the foundation to the underside of the roof,
including attached garages or storage areas, but excluding gable ends
and dormers, are constructed of at least sixty-five percent (65%)
brick, brick veneer, stone, stone veneer, or similar material, and
not more than thirty-five percent (35%) frame construction, all new
construction shall be built in the same fashion. Where brick, stone,
or similar material is proposed as an exterior veneer, it shall be
at least four (4) inches thick.
[CC 1976 App. A §5.10; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 92-58 §1, 11-9-1992]
A.
Materials.
1.
Division fences and screens shall be composed of masonry, planed
wood (on all sides), chainlink or a combination of masonry and planed
wood, or hedge or thick growth of shrubs. No division fence or screen,
in whole or in part, shall be constructed of cloth, canvas, chicken
wire, or other impermanent material.
2.
No barbed wire shall be permitted in or on any fence.
B.
Manner Of Construction.
1.
All division fences and screens shall be so constructed that the
horizontal and vertical support posts are hidden from both the neighbor's
and the general public's views as determined by the Director of Public
Works to be applicable to the particular manner of construction proposed.
2.
Electrical fences are prohibited.
3.
No fence shall impede or divert the flow of water through any property
unless by proper investigation it can be shown to the satisfaction
of the Director of Public Works that the fence will not adversely
impact any adjoining property owner and will contribute to an improvement
in the overall drainage system.
C.
Location.
1.
Front yards. No fence or screen shall be erected,
constructed, or maintained within the required front yard of any lot.
On corner lots, fences may encroach within the front yard area adjacent
to the side wall of the principal building to the property line, but
in no case closer than ten (10) feet to the pavement of the adjoining
street.
2.
Rear yards. Fences or screens may be erected at
the property line within the rear yard area of all lots.
3.
Side yards. Fences or screens may be erected at
property line within the side yard area of all lots, provided that
such fences do not extend forward of or tie into the principal building
of the lot beyond the front corner of said principal building. Solid
fences or screens erected on commercial or industrial lots for the
purpose of providing a visual barrier between the principal use of
that lot and adjoining properties, may be erected to a point equivalent
with the front corner of the principal building of the lot in those
instances where the fence will not extend into that area between the
fence at the property line and the building, whether partially or
for the purpose of tying into the principal building.
D.
Height.
1.
Fences and screens constructed of masonry, planed wood, or a combination
of masonry and planed wood should not be constructed higher than six
(6) feet above the surrounding grade.
2.
Fences and screens constructed of chain link shall not be constructed
higher than four (4) feet above the surrounding grade.
3.
Fences surrounding tennis courts may be of chain link construction
but shall not exceed twelve (12) feet in height.
4.
Fences surrounding in-ground swimming pools may be of chain link
construction but shall not exceed six (6) feet in height.
E.
Special Fences. Notwithstanding the other requirements of
this Section, special fences exceeding these requirements as they
may be utilized by industries for the purpose of enclosing buildings,
vehicles, or materials, or such fences as they may be used in conjunction
with institutions, parks, playgrounds, schools, or other public uses,
shall be subject to review and approval by the Planning and Zoning
Commission as to materials, construction, location, and height in
the Planned Development District ("PD-R", "PD-C", "PD-M" and "PD-MxD")
only. Any and all requests for fences exceeding the requirements of
this Section in Zoning Districts other than the Planned Development
District shall be within the exclusive jurisdiction of the Board of
Adjustment.
F.
Double Frontage Lots. Due to the exceptional nature of the
double frontage (or through) lots, fences proposed along the rear
of the property adjacent to streets shall not be located any closer
than thirty (30) feet of the street right-of-way.
G.
Maintenance. All fences, screens, and masonry walls shall
be maintained in accordance with the provisions of the Building Code
and the minimum property Maintenance Code. They shall be kept in good
repair and all wood, metal, and/or other approved material shall be
protected from the elements against decay, rot, or rust by paint or
other approved coating applied in a workmanlike manner. Screening
areas with trees, shrubs, and/or decorative plantings shall be kept
trimmed and free from weeds, trash and debris.
H.
Stockade Fences. Stockade fences are prohibited in all districts.
[CC 1976 App. A §5.11; Ord. No. 2449 §1, 11-14-1988]
Notwithstanding anything herein to the contrary, any applicant submitting a concept plan, development plan or redevelopment plan pursuant to Chapters 99, 100 or 353, RSMo., 1986, or such similar Statute providing for development or redevelopment within a municipality, shall be permitted to combine in a single preliminary plan or final plan, as the case may be, all of the information and data required under this Chapter and the requirements of the above-referenced redevelopment Statutes and the ordinances which may have been enacted in furtherance thereof. Applicable review, evaluation, recommendation and approval shall likewise be simultaneously made under this Chapter and the pertinent redevelopment ordinance and Statutes. Approval by the Planning and Zoning Commission and the City Council of a development plan, redevelopment plan or project plan, submitted pursuant to the aforementioned redevelopment ordinances and Statutes and in accordance with the procedural requirements of Article XII, "Amendments", herein, shall be deemed
to be an amendment of the Zoning Code for that particular parcel,
the regulations being those as imposed upon the plan and any conditions
attached thereto, provided that such designation shall automatically
terminate if the development or redevelopment is not completed in
accordance with the plan requirements.
[CC 1976 App. A §5.12; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §3, 12-11-1989]
A.
The outside storage of any equipment, materials or goods in all Zoning Districts is prohibited except as authorized in Subsection (B) hereof.
B.
The
outside storage of any equipment, materials or goods in the "C-2",
"M-1" and "MxD" Districts may be permitted, if at all, only upon issuance
of a conditional use permit and subject to all such conditions imposed
therein.
The exterior appearance of a group home and property shall be
in reasonable conformance with the general neighborhood standards.
No group home shall be within five thousand (5,000) feet of another
group home.
[Ord. No. 2022-18, 9-26-2022]
No limousine, bus, van or other vehicle used to provide limousine
or transportation services shall be parked in front of the front building
line. Notwithstanding any other provision of this Code to the contrary,
at least one (1) parking space shall be provided for each motor vehicle
used to provide limousine or transportation services behind the front
building line with sufficient dimensions for the motor vehicle used
for that space. Adequate off-site parking/storage shall be required
for any motor vehicle(s) exceeding the number for which such parking
spaces are provided behind the front building line. No parking spaces
may be rented or otherwise provided to other businesses. No motor
vehicle sales, rental, leasing, service or repair activities are permitted
as part of this use. The parking or storage of wrecked or damaged
and immobilized motor vehicles is prohibited. Any application for
a conditional use permit for a limousine/transportation service shall
state the number of motor vehicles to be used to provide limousine
or transportation service to be parked or stored on-site. Any conditional
use permit issued for a limousine/transportation service shall include
these supplemental district regulations.
