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Osage Beach City Zoning Code

ARTICLE VII

Special Uses

Section 405.590 Special Uses Require Special Permission.

[R.O. 2009 §405.420; CC 1985 §27-164; Ord. No. 87.28 Art. V §N, 10-1-1987; Ord. No. 90.07 §1, 4-19-1990; Ord. No. 92.08 §1, 2-20-1992; Ord. No. 92.22 §9, 8-19-1993; Ord. No. 93.15 §3, 5-20-1993; Ord. No. 94.41 §1, 10-6-1994; Ord. No. 94.42 §§1 — 2, 10-20-1994; Ord. No. 95.55 §§8 — 9, 11-16-1995; Ord. No. 96.21 §§8 — 10, 6-20-1996; Ord. No. 96.22 §§1 — 2, 6-20-1996; Ord. No. 98.03 §2, 6-18-1998; Ord. No. 98.39 §§3 — 4, 9-17-1998; Ord. No. 00.44 §5, 12-7-2000; Ord. No. 06.46 §2, 10-5-2006]
A. 
Uses Require Special Permission. Any of the following uses may be located in the district specified by special permission of the Board of Aldermen under such conditions as to operation and off-street parking requirements as the Board of Aldermen may impose, and after public hearing by the Planning and Zoning Commission, provided that in their judgement such use will not seriously injure the appropriate use of neighboring property, and will conform to the general intent and purpose of this Chapter and shall comply with the height and area regulations of the district in which they may be located, unless otherwise granted and subject to the rules and restrictions prescribed by the Board of Aldermen:
1. 
Acid manufacture in District I-2 only.
2. 
Animal hospitals, clinics and kennels, with outside runs, in District C-1 only.
3. 
Aviation fields or airports, under such restrictions as the Board of Aldermen may impose on land, buildings, or structures within an approach or transition plan or turning zone, as defined by the Board of Aldermen to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards in Districts A-1, I-1 and I-2 only.
4. 
Campgrounds in Districts A-1 and C-1 only.
5. 
Cement, lime gypsum or plaster of paris manufacture in District I-2 only.
6. 
Cemeteries, mausoleums, or crematories for the disposal of the human dead in any district.
7. 
Clubs, private, the primary activities of which are athletic or recreational, provided the area shall be at least ten (10) acres in extent and no building shall be closer than one hundred (100) feet from any property line in Districts C-1b, C-1c and C-1 only.
8. 
Coal distillation and by-products plants in District I-2 only.
9. 
Dry boat storage in Districts C-1b, C-1c and C-1.
10. 
Explosive manufacture or storage in District I-2 only.
11. 
Fertilizer manufacture and storage in District I-2 only.
12. 
Gas manufacture in District I-2 only.
13. 
Hospitals, sanitariums or homes for the convalescents or aged, including insane or feeble minded, alcoholics or drug addicts, subject to such health and sanitation requirements as may be imposed by the Board of Aldermen or the health authorities of the City or State, and provided there shall be at least three hundred (300) feet of lot area for each patient or guest, with a minimum of twenty thousand (20,000) square feet in all districts except Districts R-1a, R-1b, I-1 and I-2.
14. 
Lodges and private clubs in Districts C-1a, C-1b and C-1c only.
15. 
Meat packing or storage plants in District I-2 only.
16. 
Meat processing in District I-2 only.
17. 
Picnic groves and fishing or swimming lakes, including minor and incidental concession facilities for patrons only in District A-1.
18. 
Radio, television, microwave cellular and similar communications towers in any district in accordance with Article VI, Division 2, Sections 405.440 through 405.580.
19. 
Radio and television stations in any district except Districts R-1a, R-1b, R-2, R-3, C-1a and C-1b.
20. 
Reservoirs, community wells, towers, filter bids or water supply plants in any district.
21. 
Stock yards or slaughtering in District I-2 only.
22. 
Swimming pools (commercial) in Districts C-1b, C-1c and C-1 only.
23. 
Wholesale storage of gasoline, butane or propane in Districts A-1 and I-2 only.
24. 
Wood distillation plants in District I-2 only.
25. 
Real estate sales offices and trailers in any district for the on-site solicitation of sales of real property located within such district only. However, any trailer or mobile home located in any such district pursuant to this provision shall be wood sided, properly anchored pursuant to City specifications, landscaped, and any entrance shall be served by concrete steps if steps are required. Any such structure shall not be used as a dwelling or residence. Such special permission by the Board of Aldermen shall be for a period of six (6) months which period may be extended upon application to the Board of Aldermen.
26. 
Residential housing in Districts C-1a, C-1b or C-1.
27. 
Bed-and-Breakfast Establishments. The purpose of these requirements is to regulate the operation of bed-and-breakfast establishments under specific conditions within the City.
a. 
Bed-and-breakfast establishments shall be allowed in any zone by a special use permit.
b. 
Approval Standards. Bed-and-breakfast establishments shall comply with the following requirements:
(1) 
No bed-and-breakfast establishment shall be permitted except under the following circumstances:
(a) 
In commercial zoning districts, no minimum lot size requirements.
(b) 
In residential zones as follows:
(i) 
A maximum of two (2) guest rooms shall be allowed if the lot size is equal to or less than six thousand five hundred (6,500) square feet.
(ii) 
For each additional four thousand two hundred fifty (4,250) square feet over six thousand five hundred (6,500) square feet, one (1) additional guest room shall be allowed.
(2) 
The bed-and-breakfast establishment shall be located in an existing structure in any residential area.
(3) 
No exterior display, no exterior sign, except as permitted herein, no exterior storage of materials, and no other exterior indication of the bed-and-breakfast establishment or variation from the residential character of the building shall be permitted.
(4) 
No exterior alterations that would change the single-family character of the bed-and-breakfast establishment, other than those necessary to ensure the safety of the structure, shall be made.
(5) 
No lodger shall be rented a room for longer than seven (7) consecutive days.
(6) 
No individual guest cooking facilities shall be allowed.
(7) 
The facilities shall not be rented for receptions, parties, weddings or similar activities unless potential negative impacts, including, but not limited to, traffic, parking and noise, have been addressed and the activity is specifically permitted in the use permit.
(8) 
One (1) additional paved parking space per guest room shall be provided in addition to meeting existing City parking requirements for the type of structure. Screened parking areas may be required as determined by the Board of Aldermen.
(9) 
The operator shall reside at the bed-and-breakfast establishment.
(10) 
The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the establishment.
(11) 
Only one (1) unanimated, non-illuminated sign no larger than twenty-five (25) square feet shall be permitted.
(12) 
The use is limited to sleeping rooms. No recreational uses are permitted such as swimming beaches, watercraft rentals, and volley ball courts.
(13) 
The special use permit shall be issued to the owner of record of the property.
(14) 
A business license shall be obtained annually and the owner shall verify that the conditions of the special use permit are still being met.
(15) 
No other type of occupation shall be permitted within the building where the bed-and-breakfast establishment is located.
(16) 
Bed-and-breakfast establishments shall meet the Fire Codes for new construction.
(17) 
If there are unique circumstances which are not generally applicable throughout the community, then those shall be listed and additional requirements to protect the public health, safety and welfare may be required.
(18) 
The owner and assigns shall consent to reasonable inspection of the premises by the Building Official upon reasonable notice for purposes of public health, safety and welfare. Any deficiencies shall be corrected prior to rental of any guest rooms.
28. 
Indoor pistol and rifle ranges, including target archery and similar activities, in Districts C-1, I-1, and I-2 only.
29. 
Outdoor gun clubs, skeet shoots or target archery ranges in District A-1 only (provided such use is not in violation of any firearm discharge ordinance of the City).
30. 
Family day-care facilities for the care of a minimum of five (5), but no more than ten (10) children in R-la, R-lb, R-2, M and A-1 districts. Day-care centers, preschools, nursery schools and kindergarten centers, not associated with public schools, for the care of more than ten (10) children in R-3 districts. The Planning and Zoning Commission shall make determinations for those requiring special permission as outlined below. Additionally, all other such facilities as permitted without special permits in C zones shall adhere to the following provisions:
a. 
Minimum space for the amount of children cared for shall not be less than required for State licensure; however, the minimum area designed for child day care shall encompass at least thirty-five (35) square feet of usable floor area per child.
b. 
The structure shall be National Electric Code compliant and inspected by the Fire District and City Building Department prior to occupancy. Protective receptacle covers shall be installed in all areas occupied by children.
c. 
Interior finishes must be free of lead paint.
d. 
All heating equipment shall be well ventilated and any hot surfaces guarded to prevent possible burns to children.
e. 
Hot water heaters shall be pressure and temperature protected and properly vented and located in compliance with Building Codes.
f. 
Cooking areas for all day-care types are subject to Fire District review and requirements. Unless otherwise determined due to the size of the day care or the type of cooking desired, a residential type hood and duct system is ordinarily sufficient.
g. 
Electrical powered smoke detectors with battery backup shall be required at all locations as required by the Building Code. Fire extinguishers of appropriate type shall be required in close proximity to the kitchen area. Means of egress meeting current Fire and Building Codes shall be provided in all facilities commercial and residential.
h. 
Closet doors shall have latches and/or handles that allow exit from inside. Handrails inside and out shall be Code compliant. Glass below dimensions specified by the Building Code shall be guarded or tempered.
i. 
There shall be a toilet and handwashing facilities in working order accessible to the child care space.
j. 
Swimming and wading pools shall be fenced to prevent unattended access. All other aspects (i.e., grounding) related to current Building Code shall be complied with. Pools used by the facility shall be treated, cleaned and maintained in accordance with Health Department specifications.
k. 
Outdoor play areas shall be compliant with State regulations for the size of facility and generally provided in all facilities. Said area shall be bordered by a fence or comparable barrier. Fences shall be a minimum of three (3) feet high and located in a rear or side yard. Outdoor play areas may be waived for centers or preschools where children are kept for time periods less than four (4) hours per day.
l. 
A telephone shall be on premises and in working order. Emergency telephone numbers and a prominently displayed 911 shall be visibly posted near the phone. House numbers shall be a minimum of four (4) inches in height and easily readable from the roadway.
m. 
Fire and evacuation drills shall be conducted at least once each month and first aid supplies shall be maintained, marked and readily accessible to staff.
n. 
Hazardous materials, flammables, poisons, medicines, weapons, etc., shall be stored so as to be inaccessible to children. Children shall have no access to unapproved parts of the building.
o. 
Trash storage shall be away from child care and play areas inside and out. Weekly trash collection is required.
p. 
Off-street access and parking shall be sufficient to accommodate children pickup and dropoff. Additional individual spaces for staff are also required at a one-to-one ratio.
q. 
Signage for family day care shall not exceed that provided for in residential home occupations. Day-care centers in R-3 and C zones shall conform to the City's sign ordinance.
r. 
The facility shall be generally clean at all times, free from dirt and any evidence of vermin, insects, rodents, etc.
s. 
State licensure or written certification of exemption from the Missouri State Division of Family Services must be filed with the City. Requirements for number of staff, children ages, and similar State licensure issues not presented above shall be adhered to as if presented herein.
31. 
Transitional housing facilities in Districts R-3 and C-1 only.
a. 
No transitional housing facility shall be permitted except under the following requirements:
(1) 
A minimum lot size for the facility of one (1) acre is required in both of the permitted zones.
(2) 
A maximum of five (5) lodging rooms shall be allowed for the first acre of property with an additional lodging room being allowed for each additional ten thousand (10,000) square feet of ground above one (1) acre.
(3) 
No more than two (2) people shall be housed in each permitted room.
b. 
No transitional housing facility shall be permitted for location within one thousand (1,000) feet of the nearest single- or two-family use or zone; or within two thousand (2,000) feet of any school, day care or church.
c. 
No transitional housing facility shall be permitted for location in an existing structure within a residential area or zone.
d. 
Only those taking part in the activity of the facility will be allowed to maintain lodging at the facility.
e. 
The Osage Beach Department of Public Safety must be notified of any new lodgers that are subject to provisions of probation and/or parole by the facility in the form of a written report addressed to the Chief of Police.
f. 
A facility administrator shall reside at the site at all times.
g. 
Two (2) paved parking spaces for each room and an additional one (1) space for each employee on maximum shift will be required.
h. 
A 32-square foot identification sign will be required in the front yard of the facility.
i. 
The special use permit will be issued to the owner of record for the property; if a transfer of title to the property or the facility should occur, it will require approval of the Board of Aldermen to transfer the special use permit.
j. 
No other type of use shall be allowed within the permitted facility.
k. 
The facility will be required to meet all safety, health and building codes that would apply to this type of use.
l. 
If there are unique circumstances that are not generally applicable throughout the community, then those shall be listed and additional requirements to protect the public health, safety and welfare may be required.
m. 
The owner and assigns shall consent to reasonable inspection of the premises by the Osage Beach Department of Public Safety upon reasonable notice for purposes of public health, safety, welfare and will fully cooperate and assist with any Police investigation involving an individual lodged within the facility. Any deficiencies or non-conforming issues will be corrected immediately.
n. 
The special use permit for any transitional housing facility will be reviewed annually by the Board of Aldermen to ensure that all requirements that pertain to the issuance of the subject permit are being met and maintained.
B. 
Use Requiring Special Permission — Duration Of Permission — Renewal. Any of the following uses may be located in the district specified by special permission of the Board of Aldermen under such conditions as to operation, and off-street parking requirements as the Board of Aldermen may impose, and after public hearing by the Planning and Zoning Commission, provided that in their judgement such use will not seriously injure the appropriate use of neighboring property, and will conform to the general intent and purpose of planning and zoning as set forth in Chapter 89, RSMo., and shall comply with the height and area regulations of the district in which they may be located. All special use permits granted under this Section, including renewals, unless otherwise stated below, shall expire on the last day of February following the calendar year of their issuance. The purpose of such special use permits being issued on an annual basis and for the forthcoming year is to allow for an annual review by the Board of Aldermen of all such special use permits in a manner which will allow public input and allow adequate notice to any affected, aggrieved or interested parties. The Board of Aldermen shall conclude their reviews on or before the last day of February with new or renewed permits effective March 1. All special use permits are renewable by the Board of Aldermen and subject to the rules and restrictions prescribed by the Board of Aldermen. The City Clerk shall mail by certified mail to all special use holders and property owners within one hundred eighty-five (185) feet of special use permit property, at least sixty (60) days in advance of February 28 of each year notifying them of the public hearing.
1. 
Automobile wrecking yards, if enclosed within a solid fence or wall at least six (6) feet high, in Districts A-1 and I-2 only.
2. 
Circuses, carnivals and fairs, with the period of time for this use to be set by the Board of Aldermen, in Districts A-1, C-1c and C-1 only.
3. 
Community sewage or garbage processing or disposal plants in any district where municipal services are not available.
4. 
Garbage, offal, or dead animal reduction or dumping in Districts A-1 and I-2 only.
5. 
Golf driving ranges, commercial or illuminated in Districts A-1 and C-1 only.
6. 
Mines, other than strip or open cut mines, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel, or similar materials, concrete batching plants, asphalt plants, and related industries; provided, however, that no permit shall be issued until and unless the location site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Board of Aldermen, which permit shall be for a limited period of time not to exceed ten (10) years, subject to regulations and restrictions prescribed by the Board of Aldermen in Districts A-1 and I-2 only.
7. 
Sanitary landfills in Districts A-1 and I-2 only.
8. 
Sexually Oriented Businesses. This use may only be permitted in C-1, I-1 and I-2 zoning districts after meeting the following minimum requirements:
[Ord. No. 23.42, 6-1-2023]
a. 
Special Conditions.
(1) 
No sexually oriented business shall be permitted in any location which is prohibited by Section 573.531.1, RSMo.
(2) 
No sexually oriented business shall be allowed to locate or expand in any way which would be prohibited by Section 573.531.1, RSMo.
(3) 
All access to and from the adult entertainment establishment shall be provided from a street classified as an arterial street.
(4) 
The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.
(5) 
The facility on which the use is located and the parking for such facility shall have a front setback as per Section 405.430, a side yard setback of ten (10) feet, and a rear yard setback of ten (10) feet.
(6) 
Off-street parking shall be provided at a ratio of one (1) parking space per seventy-five (75) square feet of interior floor area. All off-street parking requirements shall conform to Article IX of this Chapter.
(7) 
The facility in which the sexually oriented business is located shall be designed in such a fashion that all openings, entries, and windows prevent view into such facilities such that no "explicit sexual material," material or conduct which is "pornographic for minors," "sadomasochistic abuse," "nudity," or "visual depictions" thereof (as those quoted terms are defined in Section 575.010, RSMo.) may be visible from any pedestrian, sidewalk walkway, street or other public area.
(8) 
The facility in which such a use is located shall be limited to the signage permitted by Section 226.531, RSMo. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from any pedestrian, sidewalk walkway, street or other public area. Nothing herein shall exempt a sexually oriented business from the generally applicable sign requirements in Article V of this Chapter.
(9) 
Lighting the parking area must provide a minimum light level of 0.25 foot-candle over the entire parking area, but in no point shall the light level exceed 3.0 foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line.
C. 
Site Plan Required. Each application for a special use permit shall require the submission of an accompanying site plan. The site plan shall include, at a minimum, the following information:
1. 
The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.
2. 
The site plan shall delineate the property lines of the proposed project, and shall indicate the zoning and present use of abutting properties.
3. 
The site plan shall delineate existing rights-of-way and easements.
4. 
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way and easements.
5. 
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Section 405.590(B)(8).
6. 
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
7. 
The site plan shall delineate the location, number of parking spaces, the proposed parking and its location and requirements in accordance with Section 405.590(B)(8)(a)(7).
8. 
The site plan shall delineate all points of access and egress in accordance with Section 405.590(B)(8).
9. 
The site plan shall present in tabular form the proposed net density of the use provided the number of seats, employees or other applicable unit of measure.
10. 
The site plan shall delineate the gross floor area of the building or structure.
11. 
The site plan shall detail the proposed stages of construction for all land in development and improvements within the proposed district.
12. 
The site plan shall describe the landscaping to be provided.
13. 
The site plan shall delineate the proposed exterior lighting in accordance with Section 405.590(B)(8)(a)(8).
14. 
The site plan shall delineate the proposed architectural details of the facility in accordance with Section 405.590(B)(8).
15. 
The site plan shall indicate the signage in accordance with Section 405.590(B)(8)(a)(9).
16. 
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
17. 
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Chapter.
Any use or operation permitted within this Subsection and operating at the time of the passage of this Chapter shall be deemed zoned under special classes, with permissive use granted for a period of ten (10) years from the date of passage of this Chapter.
D. 
The consideration of a special class use application shall be handled in the same manner as a zoning amendment regarding the requirements for public hearing, notices, protests and action by the Planning and Zoning Commission and the Board of Aldermen.