Osage Beach City Zoning Code
ARTICLE II
Destination of Districts and District Provisions
Section 405.080 Division Into Districts.
[R.O. 2006 §405.080; CC 1985 §27-86; Ord. No. 87.28 Art. IV §A, 10-1-1987; Ord. No. 93.06 §1, 5-20-1993; Ord. No. 93.07 §1, 6-17-1993; Ord. No. 95.55 §4, 11-16-1995; Ord. No. 96.21 §4, 6-20-1996]
For the purposes of this Chapter, the City is divided into the following districts:
"A-1" | General Agricultural District |
"R-1a" | Single-Family District |
"R-1b" | Single-Family District |
"R-2" | Two-Family District |
"R-3" | Multi-Family District |
"C-1a" | Commercial Limited District |
"C-1b" | Commercial Lodging District |
"C-1c" | Commercial Local Business District |
"C-1" | General Commercial District |
"C-2" | Planned Shopping Center District |
"I-1" | Light Industrial District |
"I-2" | Heavy Industrial District |
"M" | Mobile Home District |
"PUD-1" | Planned Unit Development Overlay Zone |
"PUD-2" | Planned Unit Development 2 Zone |
"E-1" | Entertainment District 1 |
"E-2" | Entertainment District 2 |
"E-3" | Entertainment District 3 |
"LU" | Lake Use District |
Section 405.090 General Description.
[R.O. 2006 §405.090; CC 1985 §27-87; Ord. No. 87.28 Art. IV §B, 10-1-1987; Ord. No. 93.06 §3, 5-20-1993; Ord. No. 93.07 §2, 6-17-1993; Ord. No. 95.55 §5, 11-16-1995; Ord. No. 96.21 §5, 6-20-1996]
A.
The basic intent and purpose of each district is generally described as follows:
1.
"A-1" General Agricultural District. Primarily undeveloped land usually found on the periphery of the City. Such lands are usually restricted to agriculture and limited residential use, and constitute the prime areas for urban growth and expansion.
2.
"R-1a" Single-Family District. Low-density residential district with related recreational, religious, and educational facilities being provided.
3.
"R-1b" Single-Family District. District similar to "R-1a" District but usually permitting higher density.
4.
"R-2" Two-Family District. Residential districts with slightly higher population densities. Such districts create a smooth transition between single-family and multi-family areas.
5.
"R-3" Multi-Family District. High-density residential areas served by common facilities and open space.
6.
"C-1a" Commercial Limited District. Automobile oriented commercial district providing a limited variety of business services. Such districts generate low to moderate traffic and little noise during normal, daytime business hours.
7.
"C-1b" Commercial Lodging District. Residential oriented commercial districts with lodging facilities rented for less than a month at a time and with related services located wholly within the project.
8.
"C-1c" Commercial Local Business District. Automobile and pedestrian oriented commercial districts providing a wide but limited variety of business services and retail outlets. Such districts usually generate a lot of automobile and pedestrian traffic, require strict parking, paving width, building setback provisions, and are located in the area of residential neighborhoods that they are intended to serve.
9.
"C-1" General Commercial District. Automobile oriented commercial districts providing a wide variety of business services and retail outlets. Such districts usually generate a lot of traffic and require strict parking, paving width, and building setback provisions.
10.
"C-2" Planned Shopping Center District. This district usually consists of large retail outlets such as department stores or shopping malls, which usually create a high flow of traffic. The same requirements as the "C-1" General Commercial District generally apply.
11.
"I-1" Light Industrial. An industrial district intended primarily for light manufacturing, assembling, fabrication or warehousing, wholesale and service uses. This area may require access to street transportation. Buildings should be architecturally attractive and surrounded by landscaped yards.
12.
"I-2" Heavy Industrial District. An industrial district intended to provide for a class of uses other than those specified in the "I-1" Light Industrial category. This is an area of intense use and should be separated from residential and commercial uses wherever possible.
13.
"M" mobile home district. An area intended for the orderly, planned development of mobile homes and related facilities. The requirements for open space and facilities are similar to those provided for in the "R-3" Multi-Family District.
14.
"PUD-1" PLANNED UNIT DEVELOPMENT OVERLAY. This zone is designed to allow flexibility within the designated uses, density, and open space requirement of the underlying zone. It is normally used when flexibility is desirable due to unusual terrain features or other characteristics, which restrict the ability to develop the property within the underlying zoned guidelines. It is normally used on smaller tracts of land (less than forty (40) acres).
15.
"PUD-2" Planned Unit Development 2. This zone is intended to be available for development of large tracts of land (equal or greater than forty (40) acres) when multiple land use within the tract is desirable in neighborhood development. The overall density, open space requirements, protection of surrounding property uses and zones, and goals of the comprehensive plan must be met.
16.
"E-1" Entertainment District. This zone is designed to provide for the designation of an overlay zone within commercial or industrial areas in order to accommodate non-intensive restaurants, bars and taverns on property adjacent to the Lake of the Ozarks, and/or within two hundred (200) feet of a single- or a two-family residence or residential zone; and to provide regulations to limit the potential for impairment of traffic flow on roads providing access to the use and to limit the noise and other negative impacts on adjacent, protected land uses.
17.
"E-2" Entertainment District. This zone is designed to provide for the designation of an overlay zone within commercial or industrial areas in order to accommodate intensive entertainment-oriented activities such as restaurants with outdoor entertainment and to provide regulations to limit the potential for impairment of traffic flow on roads providing access to the use and to limit the noise and other negative impacts on adjacent, protected land uses.
18.
"E-3" Entertainment District. This zone is designed to provide for the designation of an overlay zone within commercial or industrial areas in order to permit intensive entertainment-oriented activities such as bars, taverns, nightclubs, amusement enterprises, water slides, miniature golf courses, batting cages, bumper cars, bumper boats, go-cart tracks, drive-in theaters, drive-in restaurants, wave runner rentals and similar uses; to provide regulations to limit the potential for impairment of traffic flow on roads providing access to the use and to limit the noise and other negative impacts on adjacent, protected land uses.
19.
Lake Use Zoning District. This zone is designed to provide a district for that area lying one hundred (100) yards beyond the shoreline of the Lake of the Ozarks for customary lake accessory uses as governed in the general and specific zoning district regulations.
Section 405.100 Zoning Map - Generally.
[R.O. 2006 §405.100; CC 1985 §27-9; Ord. No. 87.28 Art. III §A, 10-1-1987]
The boundaries of the zoning districts are shown upon the zoning map, which is a part of this Chapter. The zoning map shall be located in the office of the City Clerk. The zoning map and all notations, references, and other information shown thereon are a part of this Chapter and have the same force and effect as if the zoning map and all the notations, references and other information thereon were all set forth or described herein.
Section 405.110 Zoning Map - Interpretation.
[R.O. 2006 §405.110; CC 1985 §27-10; Ord. No. 87.28 Art. III §B, 10-1-1987]
A.
Where uncertainty exists with respect to the boundaries of the zoning districts as shown on the zoning map, the following rules shall apply:
1.
The zoning district boundaries shall be streets or alleys unless otherwise shown. Where the districts designated on the zoning map approximately follow by street or alley lines, the centerline of the street or alley shall be construed to be the boundary of the district.
2.
Where the districts designated on the zoning map are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of the zoning districts unless the boundaries are otherwise indicated on the zoning map.
3.
In unsubdivided property, the zoning district boundary lines on the zoning map shall be determined by the use of the scale appearing on the zoning map.
Section 405.120 Compliance With District Provisions.
[R.O. 2006 §405.120; CC 1985 §27-7; Ord. No. 87.28 Art. III §D, 10-1-1987]
A.
Except as hereinafter specifically provided:
1.
No land shall be used except for a purpose permitted in the zoning district in which it is located.
2.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building be used, except for a use permitted in the zoning district in which such building is located.
3.
No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the zoning district in which such building is located.
4.
The minimum yards, parking spaces, and open spaces, including lot area per family, required by this Chapter for each and every building existing at the time of passage of this Chapter or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the zoning district in which such lot is located.
5.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on a lot except as specifically provided hereinafter.
6.
All inhabited mobile homes or trailers hereinafter located or relocated within the City shall be placed in a mobile home district as described in Section 405.250. All existing inhabited mobile homes not located in a mobile home district shall continue as a non-conforming use as described in Article VIII of this Chapter.
Section 405.125 Location Restrictions For Concrete Plants, Etc.
[R.O. 2006 §405.125; CC 1985 §17-1; Ord. of 11-10-1983 §3]
A.
No person shall erect, locate, maintain or operate a concrete mixing plant, cement mixing plant, or cement dry-batch mixing plant or machinery, either stationary or mobile, within one thousand (1,000) feet of any building or structure used in whole or in part for residential, hospital, school or church purposes, until such person shall have secured by ordinance, the permission of the Board of Aldermen; provided that this Section shall not apply to such uses in operation prior to November 10, 1983, or to mixers having a capacity of less than ten (10) cubic feet, or transit mixers when used for transporting ready mixed concrete from a central mixing plant.
B.
Application for such permission shall be made to the Planning Commission, together with the ordinance proposed to be introduced. The Planning Commission shall act as a fact-finding and recommending body upon such application. The City shall notify persons who own any building used in whole or in part for residential, church, hospital or school purposes as said ownership is shown on the records of the City, of such application and notify them of the time and place of the public hearing to be held thereon, and shall grant them an opportunity to appear and to be heard with regard to the application. If the Commission, after its public hearing, shall determine as a matter of fact that the particular location of the cement or concrete mixing plant or machinery, as stated, will not cause a substantial lessening of public safety and will not be detrimental, injurious, annoying or inconvenient to the surrounding properties or the occupants thereof, then the Commission shall recommend to the Board of Aldermen that the requested permission, by ordinance, is granted. If the Commission finds otherwise, it shall recommend to the Board of Aldermen that permission be refused.