[R.O. 2006 §405.130; CC 1985 §27-151; Ord. No. 87.28 Art. V §A, 10-1-1987]
A. 
Permitted Uses. In District "A-1" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
General agricultural operations, but this shall not include or permit:
a. 
Intensive feeding operations and agribusiness.
b. 
The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.
c. 
A use or activity engaged in within three hundred (300) feet of a residential or retail business structure if such use or activity results in offensive odor, dust, or noise.
2. 
Single-family, two-family and unconventional dwellings.
[Ord. No. 20.72, 11-19-2020]
3. 
Transportation, pipeline, utility easements and rights-of-way.
4. 
Group homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be located within one thousand (1,000) feet of another group home. Group homes shall be eleemosynary or not-for-profit in nature.
[Ord. No. 16.40 §§1 — 2, 5-19-2016]
5. 
Temporary roadside stands for the sale of farm products grown on the premises; provided however, that up to one-third (1/3) of the display area for produce may be used for the sale of products not grown on the premises. Such a temporary stand shall be required to set back from the edge of the roadway pavement at least twenty-five (25) feet to permit adequate ingress, egress, and parking.
6. 
Advertising signs.
7. 
Churches.
8. 
Public parks and playgrounds.
9. 
Public buildings and facilities.
10. 
Public stables or riding academies.
11. 
Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning.
12. 
Golf courses, not including golf course club houses, miniature golf courses or driving ranges.
13. 
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen, and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped, and in keeping with the appearance of the neighborhood.
14. 
Medical marijuana cultivation facilities subject to the use provisions outlined in Section 405.585.
[Ord. No. 19.37, 6-20-2019]
15. 
Comprehensive marijuana cultivation facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
[R.O. 2006 §405.140; CC 1985 §27-152; Ord. No. 87.28 Art. V §B, 10-1-1987; Ord. No. 92.22 §8, 8-19-1993; Ord. No. 97.47 §2, 12-4-1997; Ord. No. 00.22 §1, 7-6-2000]
A. 
Permitted Uses. In District "R-1a" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
Single-family dwellings.
2. 
Accessory buildings customary, incidental, and subordinate to the use of the main building. Accessory buildings would include but not necessarily be limited to garages, carports, swimming pools, pergolas, patios and fireplaces.
3. 
Churches.
4. 
Public parks and playgrounds.
5. 
Public buildings and facilities.
6. 
Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning.
7. 
Group homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be located within one thousand (1,000) feet of another group home. Group homes shall be eleemosynary or not-for-profit in nature.
[Ord. No. 16.40 §§1 — 2, 5-19-2016]
8. 
Golf courses, but not including golf course club houses, miniature golf courses or driving ranges.
9. 
The use of building or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen, and excluded from the jurisdiction of the Planning Commission under the Enabling Act, landscaped, and in keeping with the appearance of the neighborhood.
10. 
Accessory uses customarily incident to the above uses and located on the same lot therewith, but not including home occupations.
B. 
Coverage. The primary structure shall not cover more than fifty percent (50%) of the lot area. Detached accessory structures including garages, shops, pole barns, storage facilities, and similar uses shall not cover more than fifteen percent (15%) of the front and rear yards. This provision does not include decks, patios, gazebos, pools, sidewalks and walkways, and other similar uses customarily used to create additional usable or recreational space.
[Ord. No. 20.72, 11-19-2020]
C. 
Water Supply And Sewage System. Each lot within an "R-1a" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
F. 
All dwellings must comply with the following exterior architectural standards:
[Ord. No. 20.72, 11-19-2020]
1. 
Dwellings, constructed on properties with an area of (10,000) square feet and less, are required to have a minimum of sixty percent (60%) of the primary structure that is dedicated to defined living space.
2. 
Dwellings, constructed on properties with an area of ten thousand one (10,001) to twenty thousand (20,000) square feet, are required to have a minimum of fifty percent (50%) of the primary structure that is dedicated to defined living space.
3. 
Dwellings, constructed on properties with an area of twenty thousand one (20,001) to forty thousand (40,000) square feet, are required to have a minimum of forty percent (40%) of the primary structure that is dedicated to defined living space.
4. 
Dwellings, constructed on properties with an area greater than forty thousand one (40,001) square feet, will not have a regulated percentage of the primary structure be designated to defined living space, provided that the structure can be defined as a dwelling as per the International Building Code adopted by the City of Osage Beach at the time a building permit is applied for.
5. 
The structure must have a measured minimum width of no less than twenty-two (22) feet for the main body of the dwelling.
6. 
The dwelling must be placed on a continuous and complete frost-protected perimeter foundation of masonry, concrete, or comparable material of the same appearance.
7. 
The exterior wall covering shall be either:
a. 
Wood or masonry finish, or its appearance; and/or
b. 
Vertically or horizontally grooved siding or lap siding, or its appearance.
8. 
Use of flat or corrugated galvanized sheet metal for the exterior walls or roof covering is prohibited. This provision shall not include standing seam or similar modern roofing materials.
G. 
Modular, mobile, prefabricated, and similar dwellings must comply with the following exterior architectural standards:
[Ord. No. 20.72, 11-19-2020]
1. 
The dwelling must have a roof pitch of no less than three (3) inches of vertical rise to each twelve (12) inches of horizontal run.
2. 
The dwelling must have a roof overhang and/or eave width of no less than one (1) foot measured horizontally around the entire perimeter of the structure.
3. 
The structure must have a measured minimum width of no less than twenty-two (22) feet for the main body of the dwelling.
4. 
The dwelling must be placed on a continuous and complete frost-protected perimeter foundation of masonry, concrete, or comparable material of the same appearance.
5. 
The exterior wall covering shall be either:
a. 
Wood or masonry finish, or its appearance; and/or
b. 
Vertically or horizontally grooved siding or lap siding, or its appearance.
6. 
Use of flat or corrugated galvanized sheet metal for the exterior walls or roof covering is prohibited. This provision shall not include standing seam or similar modern roofing materials.
7. 
The Administrative Review Committee may approve deviations for site-built homes from one (1) or more of the architectural standards when the architectural style proposed provides compensating design features and the proposed dwelling will be compatible and harmonious with existing structures and residential character of the area. Appeals of such determinations shall be reviewed by the Board of Adjustment.
[R.O. 2006 §405.150; CC 1985 §27-153; Ord. No. 87.28 Art. V §C, 10-1-1987; Ord. No. 92.22 §8, 8-19-1993]
A. 
Permitted Uses. In District "R-1b" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted within an "R-1a" Single-Family District.
B. 
Coverage. The primary structure shall not cover more than fifty percent (50%) of the lot area. Detached accessory structures, including garages, shops, pole barns, storage facilities, and similar uses, shall not cover more than fifteen percent (15%) of the front and rear yard. This provision does not include decks, patios, gazebos, pools, sidewalks and walkways, and other similar uses customarily used to create additional usable or recreational space.
[Ord. No. 20.72, 11-19-2020]
C. 
Water Supply And Sewage System. Each lot within an "R-1b" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
F. 
All dwellings must comply with the following exterior architectural standards:
[Ord. No. 20.72, 11-19-2020]
1. 
Dwellings, constructed on properties with an area of ten thousand (10,000) square feet and less, are required to have a minimum of sixty percent (60%) of the primary structure that is dedicated to defined living space.
2. 
Dwellings, constructed on properties with an area of ten thousand one to (10,001) square feet to twenty thousand (20,000) square feet, are required to have a minimum of fifty percent (50%) of the primary structure that is dedicated to defined living space.
3. 
Dwellings, constructed on properties with an area of twenty thousand one (20,001) square feet to forty thousand (40,000) square feet, are required to have a minimum of forty percent (40%) of the primary structure that is dedicated to defined living space.
4. 
Dwellings, constructed on properties with an area greater than forty thousand one (40,001) square feet, will not have a regulated percentage of the primary structure be designated to defined living space, provided that the structure can be defined as a dwelling as per the International Building Code adopted by the City of Osage Beach at the time a building permit is applied for.
5. 
The structure must have a measured minimum width of no less than twenty-two (22) feet for the main body of the dwelling.
6. 
The dwelling must be placed on a continuous and complete frost-protected perimeter foundation of masonry, concrete, or comparable material of the same appearance.
7. 
The exterior wall covering shall be either:
a. 
Wood or masonry finish, or its appearance; and/or
b. 
Vertically or horizontally grooved siding or lap siding, or its appearance.
8. 
Use of flat or corrugated galvanized sheet metal for the exterior walls or roof covering is prohibited. This provision shall not include standing seam or similar modern roofing materials.
G. 
Modular, mobile, prefabricated, and similar dwellings must comply with the following exterior architectural standards:
[Ord. No. 20.72, 11-19-2020]
1. 
The dwelling must have a roof pitch of no less than three (3) inches of vertical rise to each twelve (12) inches of horizontal run.
2. 
The dwelling must have a roof overhang and/or eave width of no less than one (1) foot measured horizontally around the entire perimeter of the structure.
3. 
The structure must have a measured minimum width of no less than twenty-two (22) feet for the main body of the dwelling.
4. 
The dwelling must be placed on a continuous and complete frost-protected perimeter foundation of masonry, concrete, or comparable material of the same appearance.
5. 
The exterior wall covering shall be either:
a. 
Wood or masonry finish, or its appearance; and/or
b. 
Vertically or horizontally grooved siding or lap siding, or its appearance.
6. 
Use of flat or corrugated galvanized sheet metal for the exterior walls or roof covering is prohibited. This provision shall not include standing seam or similar modern roofing materials.
7. 
The Administrative Review Committee may approve deviations for site built homes from one (1) or more of the architectural standards when the architectural style proposed provides compensating design features and the proposed dwelling will be compatible and harmonious with existing structures and residential character of the area. Appeals of such determinations shall be reviewed by the Board of Adjustment.
[R.O. 2006 §405.160; CC 1985 §27-154; Ord. No. 87.28 Art. V §D, 10-1-1987; Ord. No. 92.22 §8, 8-19-1993]
A. 
Permitted Uses. In District "R-2" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted within an "R-lb" Single-Family District. (Providing that single-family construction when occurring in this zoning classification will be constructed as if the property were zoned in like manner. For example, if single-family housing were being constructed in this zone, it would be constructed following the same guidelines as shown for single-family housing in Article III, Section 405.150.)
2. 
Two-family dwellings or single-family dwellings with accompanying garage apartments.
B. 
Coverage. The primary structure shall not cover more than fifty percent (50%) of the lot area. Detached accessory structures, including garages, shops, pole barns, storage facilities, and similar uses, shall not cover more than fifteen percent (15%) of the front and rear yard. This provision does not include decks, patios, gazebos, pools, sidewalks and walkways, and other similar uses customarily used to create additional usable or recreational space.
[Ord. No. 20.72, 11-19-2020]
C. 
Water Supply And Sewage System. Each lot within an "R-2" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.170; CC 1985 §27-155; Ord. No. 87.28 Art. V §E, 10-1-1987; Ord. No. 92.22 §8, 8-19-1993; Ord. No. 00.44 §2, 12-7-2000]
A. 
Permitted Uses. In District "R-3" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590, Special Uses Require Special Permission, Article VIII, Non-Conforming Uses and Article X, Board of Adjustment):
[Ord. No. 20.72, 11-19-2020]
1. 
Single-family dwelling construction when occurring in this zoning classification will be constructed with the following requirements:
a. 
Lot area for each home will be a minimum of three thousand two hundred fifty (3,250) square feet to a maximum of five thousand (5,000) square feet.
b. 
The primary structure shall not cover more than fifty percent (50%) of the lot area.
c. 
The primary structure will be built with a minimum twenty-five-foot front yard setback, five-foot side yard setback, and fifteen-foot rear yard setback.
d. 
Individual lots can only front and be accessed from local streets.
2. 
Two-family dwelling ("R-2") construction when occurring in this zoning classification will be constructed as if the property were zoned in like manner. For example, if two-family dwellings were being constructed in this zone, construction would follow the same guidelines shown for two-family dwellings in Article III, Section 405.160.
3. 
Multifamily residential dwellings.
4. 
Rooming and boarding houses but not hotels, motels and condominiums that are rented for less than one (1) month at a time.
5. 
Nursing homes and homes for the aged.
6. 
Family Day Care Facilities. Day care centers and similar operations only with a special use permit under the use provisions of Section 405.590.
B. 
Coverage. The primary structure shall not cover more than fifty percent (50%) of the lot area. Detached accessory structures, including garages, shops, pole barns, storage facilities, and similar uses shall not cover more than fifteen percent (15%) of the front and rear yard. This provision does not include decks, patios, gazebos, pools, sidewalks and walkways, and other similar uses customarily used to create additional usable or recreational space.
[Ord. No. 20.72, 11-19-2020]
C. 
Play Or "Green" Space. Suitable play or park-like green space shall be provided which is easily accessible from the living units without encountering traffic hazards. Such space shall contain not less than the following area:
1. 
One thousand (1,000) square feet for the first four (4) family units;
2. 
Plus sixty (60) square feet per unit for all units over four (4).
D. 
Water Supply And Sewage System. Each lot within a "R-3" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
E. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
F. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.180; CC 1985 §27-156; Ord. No. 87.28 Art. V §F, 10-1-1987; Ord. No. 92.22 §§1, 8, 8-19-1993; Ord. No. 00.44 §3, 12-7-2000]
A. 
Permitted Uses. In District "C-1a" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
Child day care centers and similar facilities subject to the use provisions outlined in Section 405.590.
2. 
Banks and financial institutions.
3. 
Medical, dental and health clinics.
4. 
Mortuary.
5. 
Non-profit institutions of a religious, educational, charitable or philanthropic nature other than penal or corrective institutions.
6. 
Office buildings for professional, commercial, industrial, religious, instructional, public and semi-public purposes, providing no goods, wares, or merchandise shall be prepared for sale, stored, or sold on the premises and that building size shall be limited to a maximum of five thousand (5,000) square feet per story with a maximum of two (2) stories above ground level. A portion of the office building may be occupied and used as a drug store, barber shop, cosmetologist shop, cigar stand, restaurant, or newsstand, when such uses are located entirely within and accessory to the building with no entrance from the street or visible from any sidewalk, and have no sign or display visible from outside the building indicating the existence of such use.
7. 
Accessory uses customarily incident to any of the above uses.
B. 
Coverage. Main and accessory buildings shall not cover more than fifty percent (50%) of the lot area provided adequate parking is as required by this Chapter.
C. 
Water Supply And Sewage System. Each lot within a "C-1a" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.190; CC 1985 §27-157; Ord. No. 87.28 Art. V §G, 10-1-1987; Ord. No. 92.22 §§2, 3, 8, 8-19-1993; Ord. No. 98.15 §1, 6-18-1998]
A. 
Permitted Uses. In District "C-1b" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted in the "C-1a" District. Condominiums built in the district must comply with requirements of Section 405.170(B) and (C). Maximum densities for condominiums in all "C" Districts shall be limited to one (1) unit per two thousand five hundred (2,500) square feet of lot area as specified in Section 405.430.
2. 
Boat docking facilities but not including dry boat storage.
3. 
Condominiums.
4. 
Hotels.
5. 
Marinas with lake frontage.
6. 
Motels.
7. 
Resorts.
8. 
Churches.
9. 
Public parks and playgrounds.
10. 
Public schools.
A portion of the project may be used as a drug store, gift shop, barber shop, cosmetologist shop, cigar stand, newsstand, restaurant, spa, amusement enterprises or other customary uses of the same general character, when such uses are located entirely within and accessory to the project, with no direct entrance from outside the project, and have no sign, advertising or display visible from outside the project indicating the existence of such use.
B. 
Coverage. Main and accessory buildings shall not cover more than fifty percent (50%) of the lot area provided adequate parking is as required by Article IX of this Chapter.
C. 
Water Supply And Sewage System. Each lot within a "C-1b" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.200; CC 1985 §27-158; Ord. No. 87.28 Art. V §H, 10-1-1987; Ord. No. 92.22 §§4, 8, 8-19-1993; Ord. No. 96.21 §6, 6-20-1996; Ord. No. 98.15 §2, 6-18-1998]
A. 
Permitted Uses. In District "C-1c" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted in the District "C-1b". Condominiums built in this district must comply with requirements of Section 405.170(B) and (C). For the purposes of complying with the requirements of Section 405.170(B) and (C), the area of all of the building lots within condominium complexes may be combined with areas reserved for common use including, but not limited to, parking areas, recreational areas and storage areas. Maximum densities for condominiums in all "C" Districts shall be limited to one (1) unit per two thousand five hundred (2,500) square feet of lot area as specified in Section 405.430.
2. 
Animal hospitals, clinics and kennels providing the establishment and runs are completely enclosed within a building.
3. 
Automobile public parking lots.
4. 
Barber and beauty shops.
5. 
Bicycle repair shops, electrical repair and "fix-it" shops.
6. 
Dry cleaners and laundries employing not more than five (5) persons.
7. 
Filling stations, limited to sale of motor fuel and accessories; also lubrications, washing and minor repairs but not including major repairs, body work, or paint booths.
8. 
Health spas.
9. 
Quick print shops.
10. 
Package liquor stores.
11. 
Pharmacy.
12. 
Photographic, dancing and art studios.
13. 
Restaurants, cafes, or cafeterias provided such activities are conducted within an enclosed building and are two hundred (200) feet or more from the nearest single- or two-family dwelling or residential zone; and provided such use of property is not adjacent to the Lake of the Ozarks.
14. 
Shoe repair shops.
15. 
Stores, shops and markets for retail trade provided all wares should be displayed, stored and sold from inside the building only.
16. 
Accessory uses customarily incident to any of the above uses.
17. 
Any retail business or use similar to those listed provided all wares shall be displayed, stored and sold from inside the building only and that such use is not noxious, or offensive by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.
18. 
Massage therapy establishment.
B. 
Coverage. Main and accessory buildings shall not cover more than fifty percent (50%) of the lot area provided adequate parking is as required by this Chapter.
C. 
Water Supply And Sewage System. Each lot within a "C-1c" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.210; CC 1985 §27-159; Ord. No. 87.28 Art. V §I, 10-1-1987; Ord. No. 92.22 §§5, 8, 8-19-1993; Ord. No. 96.21 §7, 6-20-1996; Ord. No. 98.15 §3, 6-18-1998; Ord. No. 05.44 §2, 9-15-2005; Ord. No. 07.27 §1, 6-21-2007]
A. 
Permitted Uses. In District "C-1" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted in the District "C-1c", except for condominiums. Condominium developments under construction or with an approved preliminary plat prior to adoption of this Section (June 21, 2007), or condominium development as part of a mixed use planned unit development.
2. 
Automobiles, trucks, and recreational vehicle sales and service.
3. 
Automobile parking garages.
4. 
Ambulance service offices or garages.
5. 
Boat sales and service.
6. 
Bus stations.
7. 
Car wash establishments.
8. 
Commercial or public tennis and handball courts.
9. 
Frozen food lockers for individual or family use.
10. 
Home improvement centers, limited to principal enclosed building provided that at least ninety percent (90%) of all wares shall be displayed, stored and sold from inside the building only.
11. 
Lodges and private clubs.
12. 
Marinas, boat sales and boat service.
13. 
Nurseries and landscaping supplies.
14. 
Photo engraving shops.
15. 
Printing, letter and duplicating shops or plants.
16. 
Schools operated as a business.
17. 
Taverns, dance halls, night clubs and similar uses provided such activities are conducted within an enclosed building and are two hundred (200) feet or more from the nearest single- or two-family dwelling or residential zone, not less than three hundred (300) feet from any hospital, school, or church; and provided such use of property is not adjacent to the Lake of the Ozarks.
18. 
Theaters and music shows.
19. 
Bowling alleys, skating rinks, drive-in restaurants, any other retail trade, where persons are served in automobiles; provided however, that the same shall not be less than two hundred (200) feet from any existing hospital, school, or church, and shall be not less than two hundred (200) feet from a residential district.
20. 
Any retail business or use similar to those listed above, provided all wares shall be displayed, stored and sold from inside the building only and that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, light or glare.
21. 
Restaurants with outdoor dining areas provided that such activities are not located within two hundred (200) feet of the nearest single or two-family dwelling or residential zone and are not located adjacent to the Lake of the Ozarks.
22. 
Medical marijuana dispensary facilities subject to the use provisions outlined in Section 405.585.
[Ord. No. 19.37, 6-20-2019]
23. 
Comprehensive marijuana dispensary facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
24. 
Microbusiness dispensary facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
B. 
Coverage. Main and accessory buildings shall not cover more than seventy-five percent (75%) of the lot area provided adequate parking is as required by Article IX of this Chapter.
C. 
Water Supply And Sewage System. Each lot within a "C-1" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.220; CC 1985 §27-160; Ord. No. 87.28 Art. V §J, 10-1-1987; Ord. No. 92.22 §§6, 8, 8-19-1993; Ord. No. 00.44 §4, 12-7-2000; Ord. No. 07.27 §2, 6-21-2007]
A. 
Permitted Uses. In District "C-2" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted within a "C-1" Commercial District, except that the following uses shall be prohibited:
a. 
Ambulance service establishments.
b. 
Automobile sales.
c. 
Boat sales.
d. 
Golf courses, miniature and practice range.
e. 
Hospitals.
f. 
Motels.
B. 
Coverage. Main and accessory buildings shall not cover more than fifty percent (50%) of the site.
C. 
Water Supply And Sewage System. Each lot within a "C-2" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
D. 
Type Of Development. All buildings within a "C-2" Zoning District shall be developed in a unified manner and shall consist of not less than five (5) shops or stores. The shops and stores of the center shall have a combined total gross floor area of not less than twenty thousand (20,000) square feet.
E. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
F. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.230; CC 1985 §27-161; Ord. No. 87.28 Art. V §K, 10-1-1987; Ord. No. 92.22, §§7, 8, 8-19-1993]
A. 
Permitted Uses. In District "I-1" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted within a "C-1" Commercial District, except for condominiums.
2. 
Bakeries.
3. 
Blacksmith and welding shops.
4. 
Boat storage.
5. 
Bottling plants.
6. 
Bus barns or bus lots.
7. 
Carpenter, cabinet, or pattern shops, provided that such use is not noxious, or offensive by reason of vibration, noise, odor, dust, smoke or gas.
8. 
Carpet cleaning plants.
9. 
Cleaning, pressing and dyeing plants.
10. 
Cold storage plants.
11. 
Contractors storage yard.
12. 
Creameries.
13. 
Farm implement sales and service.
14. 
Feed and seed stores.
15. 
Flour mills, feed mills and grain processing, provided that such is not noxious, or offensive by reason of vibration, noise, odor, dust, smoke or gas.
16. 
Electroplating works.
17. 
Forges (hand).
18. 
Freight terminals, truck.
19. 
Ice plants.
20. 
Laundries.
21. 
Lumber yards.
22. 
Machine shops, provided that such use is not noxious, or offensive by reasons of vibration, noise, odor, dust, smoke or gas.
23. 
Manufacturing, fabricating and assembly plants.
24. 
Machinery and heavy equipment sales and service.
25. 
Mobile home sales.
26. 
Monument or marble works.
27. 
Moving, transfer or storage plants.
28. 
Plumbing and sheet metal shops, provided that such use is not noxious, or offensive by reason of vibration, noise, odor, dust, smoke or gas.
29. 
Public utilities.
30. 
Tire sales and service.
31. 
Truck stops.
32. 
Stone cutting plants.
33. 
Warehousing.
34. 
Wholesale houses.
35. 
Manufacture of any similar character to that herein listed, provided that such use is not noxious, or offensive by reason of vibration, noise, odor, dust, smoke or gas.
36. 
Accessory uses customarily incidental to any of the above uses.
B. 
Coverage. Main and accessory buildings shall not cover more than seventy-five percent (75%) of the site.
C. 
Type Of Development. All of the uses permitted under this Section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any dust or smoke or noxious fumes or odors outside the building housing the operations, or produce a noise level occurring on the adjacent street. 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 evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.
D. 
Water Supply And Sewage System. Each lot within a "I-1" Zoning District shall be served by a public water supply and a public sewer system at such time as the systems are installed and reasonably available.
E. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
F. 
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.240; CC 1985 §27-162; Ord. No. 87.28 Art. V §L, 10-1-1987; Ord. No. 92.22 §8, 8-19-1993]
A. 
Permitted Uses. In District "I-2" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
All uses permitted within a "I-1" Industrial District.
2. 
Asphalt mixing plants.
3. 
Canning and preserving factories.
4. 
Chemical laboratories not producing noxious fumes or odors.
5. 
Food products processing and packing.
6. 
Grain elevators.
7. 
Poultry killing or dressing for commercial purposes.
8. 
Railway freight yards.
9. 
Sawmills.
10. 
Manufacture of any similar character to that herein listed, provided that such use is not noxious, or offensive by reason of vibration, noise, odor, dust, smoke or gas.
11. 
Accessory uses customarily incidental to any of the above uses.
12. 
Medical marijuana cultivation facilities subject to the use provisions outlined in Section 405.585.
[Ord. No. 19.37, 6-20-2019]
13. 
Medical marijuana-infused products manufacturing facilities subject to the use provisions outlined in Section 405.585.
[Ord. No. 19.37, 6-20-2019]
14. 
Medical marijuana testing facilities subject to the use provisions outlined in Section 405.585.
[Ord. No. 19.37, 6-20-2019]
15. 
Comprehensive marijuana cultivation facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
16. 
Comprehensive marijuana-infused products manufacturing facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
17. 
Comprehensive marijuana testing facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
18. 
Microbusiness wholesale facilities subject to the use provisions outlined in Section 405.586.
[Ord. No. 23.04, 2-16-2023]
B. 
Coverage. Main and accessory buildings shall not cover more than eighty percent (80%) of the site.
C. 
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article IX of this Chapter.
D. 
Dimensional Requirements. Minimum width, depth, and minimum lot size shall be provided in accordance with the requirements set forth in Section 405.430 of this Chapter.
[R.O. 2006 §405.250; CC 1985 §27-163; Ord. No. 87.28 Art. V §M, 10-1-1987; Ord. No. 97.47 §3, 12-4-1997]
A. 
Permitted Uses. In District "M" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses (for exceptions, see Section 405.590 "Special Uses Require Special Permission", Article VIII "Non-Conforming Uses" and Article X "Board of Adjustment"):
1. 
Single-family detached dwellings including mobile homes on individual building lots.
2. 
Manufactured housing developments and/or mobile home parks.
B. 
Design Standards. The procedure for the rezoning of land to an "M" Mobile Home District shall be the same procedure as described in Article XI of this Chapter. Prior to the rezoning of land to a District "M" Mobile Home District the Planning Commission and the Board of Aldermen must find that a mobile home park plan has been prepared which meets the following design standards:
1. 
A Mobile Home District shall be no less than three (3) acres in total area.
2. 
Each mobile home in a Mobile Home Park District shall occupy a designated space having at least three thousand five hundred (3,500) square feet of lot area.
3. 
Each mobile home space shall have a width of at least forty (40) feet, exclusive of common driveways.
4. 
Each mobile home space shall abut a driveway within the park. Said driveways shall be graded and surfaced with not less than four (4) inches of crushed stone or other suitable materials on a well compacted sub-base to a continuous width of twenty-five (25) feet, exclusive of required parking spaces.
5. 
Two (2) off-driveway parking spaces with not less than four (4) inches of crushed stone or other suitable material on a well compacted sub-base shall be provided for each mobile home space. Required parking spaces may be included within the three thousand five hundred (3,500) square feet required for each mobile home space.
6. 
At least two hundred (200) square feet of recreation space for each mobile home space shall be reserved within each mobile home park as common recreation space for the residents of the park. Such areas shall along with driveways and walkways, be adequately lighted for safety.
7. 
No mobile homes or other structure within a mobile home park shall be closer to each other than twenty (20) feet, except that storage structures for the exclusive use of the mobile home may be closer to the using mobile home than twenty (20) feet.
8. 
No mobile home shall be located closer than thirty (30) feet to the exterior boundary of the park or to a bounding street right-of-way. Buildings used for laundry or recreation purposes shall be located no closer than forty (40) feet to the exterior boundary or the right-of-way of a bounding street.
9. 
The Mobile Home Park District and all occupied units located in it must be connected to the municipal water and sewerage systems at such time as the systems are installed and reasonably available.
10. 
Plans clearly indicating the developer's intention to comply with the provisions of this Section shall be submitted to and approved by the Planning Commission. Such plans must be drawn to a scale of not less than one (1) inch equals fifty (50) feet by a registered engineer, professional land use planner, or registered land surveyor. Such plans must show the area to be used for the proposed Mobile Home Park District; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways, and off-street parking spaces; the location of mobile home spaces, recreation areas and services buildings; and the proposed plan for water supply and sewage disposal. The Planning Commission shall have the authority to impose such reasonable conditions and safeguards on the proposed development, as it deems necessary for the protection of adjoining properties and the public interest.
11. 
Buffer. A densely planted buffer strip, consisting of trees, shrubs, and other plantings at least five (5) feet in height, shall be provided along all rear and side property lines of the park. A five (5) foot solid fence may be substituted.
12. 
Any expansion of mobile home parks in existence on the effective date of this Chapter shall comply with the provisions of this Section.
C. 
Compliance. No mobile home shall be placed in a new mobile home park until the streets and other physical improvements shown on the mobile home park plan have been installed. The owner of the mobile home park may submit a phase development and use plan for approval to the Board of Aldermen. The owner of the mobile home park may complete the construction of one (1) section of the mobile home park and place mobile homes in this completed section provided that the construction is in accordance with the design standards and the approved phase development plan.
[R.O. 2006 §405.260; CC 1985 §27-165; Ord. No. 93.06 §4, 5-20-1993; Ord. No. 95.16 §1, 9-7-1995]
A. 
Permitted Uses. Zone must comply with the underlying zone requirements as set forth in Articles III and VI of this Chapter except as specifically allowed in this Section.
B. 
Coverage. Main and accessory buildings shall not cover within the entire zone a percent greater than the coverage percentage allowed in the underlying zone. Open space must be provided equal to or greater than fifty percent (50%) of the inverse of the coverage percentage i.e., if coverage equals forty percent (40%), open space equals (100% - 40%) x 50% = 30% within the designated "PUD-1".
C. 
Water Supply And Sewer System. Zone shall comply with underlying zone requirements as set forth in Articles III and VI of this Chapter.
D. 
Parking Requirements. Zone shall comply with underlying zone requirements as set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Zone shall comply with the underlying zone requirements as set forth in Section 405.430 of this Chapter except that the following changes may be permitted when reviewed by the Planning Commission and approved by the Board of Aldermen:
1. 
Structures may be constructed on the lot lines within the zone except set backs as set forth in Section 405.430 of this Chapter shall be in force on the lot lines which border any other zone where this permission has not been granted.
2. 
The Planning Commission and Board of Aldermen shall at a minimum review the following factors before making their recommendation/decision:
a. 
Follow procedures set forth for reviewing a special use permit.
b. 
Determine that the development is compatible with surrounding development.
3. 
The Planning Commission and the Board of Aldermen may require screening around the edges of the zone.
F. 
Plat Required. A plat showing proposed development and density must be submitted as part of the rezoning process.
G. 
Outdoor Recreation Use. Outdoor recreation use may be provided in the open space after approval by the Planning Commission.
[R.O. 2006 §405.270; CC 1985 §27-108; CC 1985 §27-166; Ord. No. 93.07 §§2 — 3, 6-17-1993]
A. 
Permitted Uses. Any and all uses permitted within any of the zones of this Article III, under the same conditions, within the appropriate areas of similar use within the tract, except for the uses in Section 405.240 which are specifically prohibited.
B. 
Coverage.
1. 
Main and accessory buildings within the entire zone shall not exceed the coverage requirements of the area as designated in the comprehensive land use plan of the City of Osage Beach.
2. 
The following designations within the comprehensive plan shall have the corresponding density:
Comprehensive Plan Designation
Coverage Ratio
(in percentage)
Light density residential
30
Moderate density residential
30
High density residential
40
Heavy traffic commercial
50
Industrial
75
Park/open space
5
i.e., therefore, a tract of land proposed for "PUD-2", which is shown in the comprehensive plan to allow multiple uses
20% heavy traffic commercial
(HC)
25% high density residential
(HR)
30% moderate density residential
(MR)
20% light density residential
(LR)
5% park/open space
(PO)
would have an overall density computed as follows:
Percent of Land in Comp Plan
Coverage Allowed
(HC) 20% x 50% =
10%
(HR) 25% x 40% =
10%
(MR) 30% x 30% =
9%
(LR) 20% x 30% =
6%
(PO) 5% x 5% =
2.5%
3. 
Open space shall be equal to fifty percent (50%) of the inverse of the coverage ratio, i.e., from the above example:
100% - 37.5% = 62.5% x 50% = 31.25%.
Remaining area 100% - 37.5 - 31.25 = 31.25% is used for roadways, parking lots and accessory structures.
C. 
Water Supply And Sewage System. All areas, buildings, structures or other uses of land which contemplate human presence more than six (6) hours of any day shall be served by a safe and healthy water supply and a safe and sanitary sewer system as per the requirements of the Code of Ordinances.
D. 
Parking Requirements. Each of the uses within the tract shall comply with the parking requirements as set forth in Article IX of this Chapter.
E. 
Dimensional Requirements. Minimum width, depth, and minimum lot size shall be provided as set forth in Section 405.430 of this Chapter.
F. 
Must be a compacted mass of land under single ownership.
1. 
Land mass shall be equal to or greater than forty (40) acres.
2. 
The difference between the north-south dimension and the east-west dimension shall not be greater than thirty percent (30%). In the case of unusual shaped property, the final determination may be made by the Planning Commission.
3. 
Ownership shall be by any one legal entity, i.e., proprietorship, partnership, or corporation. Ownership shall not be groups of individuals pooling land for purposes of rezoning.
G. 
All "PUD-2's" shall be fully platted as per the subdivision process and shall also contain the following requirements:
1. 
A plat showing the proposed land use within the proposed "PUD-2".
2. 
A map showing both zoning and actual use on all adjacent properties (within one hundred eighty-five (185) feet).
3. 
Uses within the proposed "PUD-2" shall be complementary with adjoining uses and zoning which are outside the "PUD-2" or a sufficient separation shall be provided to protect adjacent areas.
a. 
For a distance of two hundred (200) yards a matching use, or use allowed in the zone next less restrictive or next most restrictive may be used (i.e., an "R-1b", then "R-1a" or "R-2" use within the "PUD-2").
b. 
If the proposed use within the "PUD-2" is greater than one (1) level of difference (as stated above) the developer of the "PUD-2" may be required to provide for an impermeable barrier, or other such screening as deemed appropriate by the Planning Commission, not less than eight (8) feet high along the boundary between the proposed use within the "PUD-2" and the surrounding zone/use. Differences greater than two (2) levels may require additional requirements such as open space, landscaping, etc. This must be common property with appropriate maintenance provisions.
c. 
Open space may be provided.
d. 
Proposed use must comply with goals of the comprehensive plan.
4. 
The total density of use within the "PUD-2" shall not exceed the density equivalent to that proposed in the land use in the comprehensive plan of the City of Osage Beach.
5. 
Planned uses may include such concepts as "clustering" of buildings but shall always comply with City Building Codes.
6. 
Planned lot sites may be variable but shall comply with set back requirements as per Section 405.430 of this Chapter.
7. 
Open spaces, green belts, playgrounds, etc., may include the City as a party to assure their continuation. Provision for maintenance of open space shall be provided. They may be offered to the City for dedication for public use. If offered to the City, provisions shall be made for public parking.
8. 
The Planning Commission may require dedication or easement for view areas, bike paths, walking trails, and other public amenities which are listed in the comprehensive plan of the City.
9. 
A proposed schedule for completion of infrastructure.
10. 
Actual subdivision and development within the "PUD-2" may be done in phases.
H. 
Approval of the PUD zoning may be rescinded if development is not commenced within twenty-four (24) months of approval, or if development substantially ceases for a period of twenty-four (24) months.
1. 
Must have twenty percent (20%) approved for development phase within one (1) year of PUD approval.
2. 
Commenced means that ten percent (10%) of the infrastructure is physically complete in phases approved for development.
3. 
Substantially ceases means less than five percent (5%) of the infrastructure is completed.
I. 
Transfer of pieces of land within the PUD which are equal to or greater than ten percent (10%) of the total land within the original PUD shall require Planning Commission approval. Failure to receive approval may cause the rescission of the PUD zoning.
J. 
In the event that the PUD zoning is rescinded, the land use shall become zoned the lowest density allowed in the comprehensive plan for that area of the City until the Planning Commission institutes new zoning which shall be started within ninety (90) days of the rescission.
K. 
Rescission shall be by ordinance of the Board of Aldermen after review and recommendation by the Planning Commission.
L. 
Minor changes in location, sitting, and height of buildings and structures may be authorized by the Planning Commission without additional public hearing if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this Subsection may cause any of the following:
1. 
Change in use or character of the development of areas within the development.
2. 
An increase in overall coverage by structures.
3. 
An increase in the intensity of use.
4. 
An increase in the problems of traffic circulation and/or public utilities.
5. 
A reduction in approved open space.
6. 
A reduction of off-street parking and loading space.
7. 
A reduction in pavement widths.
M. 
All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be made by the Board of Aldermen after report of the planning staff and recommendation by the Planning Commission. Such amendments made be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes, which are approved in the final plan, must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.
N. 
"PUD-2" Application. The provisions of Article VI shall be applied within PUD tract as may be appropriate to the use planned within the PUD, i.e., if residential use is the majority of the use in a specific area, then the requirements for "R-1a", "R-1b" and "R-3" shall apply within that area.
[R.O. 2006 §405.280; Ord. No. 95.55 §10, 11-16-1995; Ord. No. 96.21 §11, 6-20-1996; Ord. No. 05.44 §3, 9-15-2005]
A. 
Permitted Uses. In District "E-1" no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:
1. 
Restaurants with no outdoor entertainment that are located within two hundred (200) feet of the nearest single or two-family dwelling or residential zone or are located adjacent to the Lake of the Ozarks.
2. 
Bars or taverns with no outdoor entertainment that are located within two hundred (200) feet of the nearest single or two-family dwelling or residential zone in the "C-1", "C-2", "I-1" or "I-2" zones only or are located adjacent to the Lake of the Ozarks.
B. 
Criteria For Designation Of "E-1" District. The decision of the Board of Aldermen to designate the "E-1" District, or not to designate the "E-1" District, shall be considered legislative. An "E-1" District shall be designated only within the "C-1", "C-1c", "C-2", "I-1" or "I-2" Zoning Districts. The Planning Commission and/or Board of Aldermen may attach reasonable conditions to the designation of the "E-1" District. The Planning Commission shall not recommend approval, and the Board of Aldermen shall not approve, any application for designation of the "E-1" District unless specific findings are made as to the following:
1. 
The use or uses requested are consistent with the character of the neighborhood.
2. 
The use or uses requested are consistent with the zoning district classification and uses of properties nearby.
3. 
The use or uses are consistent with the comprehensive plan and the goals and policies of the comprehensive plan.
4. 
The suitability of the subject property for the uses to which it has been restricted.
5. 
The gain to the public health, safety and welfare resulting from the proposed use.
6. 
The hardship imposed upon the individual landowner or landowners if the non-designated use is not permitted.
C. 
Procedure. The procedure to be followed for designating the "E-1" Overlay District shall be the procedure set forth in Section 405.720 of this Chapter for amendments to the zoning regulations.
D. 
Applicable Standards. In District "E-1", no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered unless such building, structure, land, premises or use conforms to the regulations set forth in the underlying zoning district and the additional regulations prescribed in this Section. Whenever the regulations set forth in this Section impose a stricter or higher standard than the regulations set forth in the underlying zoning district, the regulations set forth in this Section shall govern.
[R.O. 2006 §405.290; Ord. No. 95.55 §11, 11-16-1995; Ord. No. 96.21 §12, 6-20-1996]
A. 
Permitted Uses. In District "E-2" no building, structure, deck, porch, dock, patio, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:
1. 
Any use permitted in District "E-1".
2. 
Restaurants with outdoor entertainment.
B. 
Criteria For Designation Of "E-2" District. The decision of the Board of Aldermen to designate the "E-2" District, or not to designate the "E-2" District shall be considered legislative. An "E-2" District shall be designated only within the "C-1", "C-1c", "C-2", "I-1" or "I-2" Zoning Districts. The Planning Commission and/or Board of Aldermen may attach reasonable conditions to the designation of the "E-2" District. The Planning Commission shall not recommend approval, and the Board of Aldermen shall not approve, any application for designation of the "E-2" District unless specific findings are made as to the following:
1. 
The use or uses requested are consistent with the character of the neighborhood.
2. 
The use or uses requested are consistent with the zoning district classification and uses of properties nearby.
3. 
The use or uses are consistent with the comprehensive plan and the goals and policies of the comprehensive plan.
4. 
The suitability of the subject property for the uses to which it has been restricted.
5. 
The gain to the public health, safety and welfare resulting from the proposed use.
6. 
The hardship imposed upon the individual landowner or landowners if the non-designated use is not permitted.
C. 
Procedure. The procedure to be followed for designating the "E-2" Overlay District shall be the procedure set forth in Section 405.720 of this Chapter for amendments to the zoning regulations.
D. 
Applicable Standards. In District "E-2", no building, structure, deck, porch, dock, patio, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered unless such building, structure, land, premises or use conforms to the regulations set forth in the underlying zoning district and the additional regulations prescribed in this Section. Whenever the regulations set forth in this Section impose a stricter or higher standard than the regulations set forth in the underlying zoning district, the regulations set forth in this Section shall govern.
[R.O. 2006 §405.300;Ord. No. 95.55 §11, 11-16-1995; Ord. No. 96.21 §13, 6-20-1996]
A. 
Permitted Uses. In District "E-3" no building, structure, dock, patio, porch, deck, land, or premises shall be used nor shall any of the same be hereafter erected, constructed, moved, or altered except for one (1) or more of the following uses:
1. 
Any use permitted in District "E-1".
2. 
Any use permitted in District "E-2".
3. 
Bars, nightclubs, taverns, and other outdoor entertainment such as water slides, miniature golf courses, batting cages, bumper cars, bumper boats, go-cart tracks, drive-in theaters, drive-in restaurants, and wave runner rentals and similar uses.
B. 
Criteria For Designation Of "E-3" District. The decision of the Board of Aldermen to designate the "E-3" District, or not to designate the "E-3" District shall be considered legislative. An "E-3" District shall be designated only within the "C-1", "C-1c", "C-2", "I-1" or "I-2" Zoning Districts. The Planning Commission and/or Board of Aldermen may attach reasonable conditions to the designation of the "E-3" district. The Planning Commission shall not recommend approval and the Board of Aldermen shall not approve any application for designation of the "E-3" District unless specific findings are made as to the following:
1. 
The use or uses requested are consistent with the character of the neighborhood.
2. 
The use or uses requested are consistent with the zoning district classification and uses of properties nearby.
3. 
The use or uses are consistent with the comprehensive plan and the goals and policies of the comprehensive plan.
4. 
The suitability of the subject property for the uses to which it has been restricted.
5. 
The gain to the public health, safety and welfare resulting from the proposed use.
6. 
The hardship imposed upon the individual landowner or landowners if the non-designated use is not permitted.
C. 
Procedure. The procedure to be followed for designating the "E-3" Overlay District shall be the procedure set forth in Section 405.720 of this Chapter for amendments to the zoning regulations.
D. 
Applicable Standards. In District "E-3", no building, structure, dock, patio, porch, deck, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered unless such building, structure, dock, patio, porch, deck, land, premises or use conforms to the regulations set forth in the underlying zoning district and the additional regulations prescribed in this Section. Whenever the regulations set forth in this Section impose a stricter or higher standard than the regulations set forth in the underlying zoning district, the regulations set forth in this Section shall govern.
E. 
Geographical Limitations.
1. 
No bar or tavern as regulated herein shall be located nearer than three hundred (300) feet of a residential district, or within three hundred (300) feet of a school, church or building regularly used as a place of religious worship.
F. 
Noise.
1. 
Unless otherwise defined herein, all terminology shall be in conformance with applicable publications of the American National Standards Institute, Incorporated (ANSI) or its successor body.
2. 
Instrumentation. Instrumentation used in making sound level measurements shall meet the following requirements as specified in Section 220.040 of Chapter 220.
3. 
Maximum permissible sound levels by receiving land use.
a. 
Maximum sustained sound. No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the table below:
SOUND LEVELS BY RECEIVING LAND USE
Receiving Land Use Category
Time
Sound Level Limit
(DBA)
Residential
7:00 A.M. — 10:00 P.M.
60
10:00 P.M. — 7:00 A.M.
55
Commercial
7:00 A.M. — 10:00 P.M.
65
10:00 P.M. — 7:00 A.M.
60
Manufacturing, Industrial or Agricultural
At all times
75
b. 
Exemptions. The following activities or sources are exempt from these noise standards:
(1) 
Activities covered by the following: Stationary, non-emergency signaling devices, emergency signaling devices, domestic power tools, air-conditioning and air-handling equipment for residential purposes, operating motor vehicles, refuse collection vehicles;
(2) 
Construction or routine maintenance of public service utilities; and
(3) 
The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
[R.O. 2006 §405.310; Ord. No. 96.21 §15, 6-20-1996; Ord. No. 04.28 §2, 9-16-2004]
A. 
In District "LU", no stationary or mobile building, structure, dock, conveyance, or premises shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following uses:
1. 
Customary and recreational lake accessory uses, structures and activities as included and governed in the provisions for each of the zoning classifications. Typical accessory uses include single-family docking facilities; multi-family docking facilities; swimming docks; gas, berthing and mooring docks associated with a marina; accessory mooring and docking facilities for other commercial activities, where the principal use is adjacent to the lake.
2. 
Prohibited uses.
a. 
No use or structure shall be permitted or authorized to be established or maintained without AmerenUE approval.
b. 
Principal permitted uses which are not accessory or incidental to existing land based activities i.e., restaurant, cafes, bars, mercantile establishments, wave runner rentals, dockominimums, and similar primary uses as outlined in each of the zoning districts.
c. 
No use or structure shall encroach over the property lines extended lakeward that is not a principal permitted use within the zone into which it has infringed.
3. 
Amendments.
a. 
"LU" zoned area may be rezoned to "C" or "E" designations for principal uses in accordance with Sections 405.280 through 405.300.
b. 
No request for zoning change shall be considered for any building, structure, conveyance, or premises within any "LU" District without prior AmerenUE approval. Documentation of said approval shall be included with the rezoning application.
c. 
The water area, if rezoned, shall apply only to the footprint or site plan as approved by AmerenUE.