[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.
[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.
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.
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.
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.
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.
[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.
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:
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.
[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.
[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.
[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.
[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]
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.
[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"):
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.
[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.
[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]
B.
Coverage. Main and accessory buildings shall not cover
more than eighty percent (80%) of the site.
[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"):
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]
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".
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.
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]
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.
[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:
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.
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.
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.
