[R.O. 2012 § 400.050; Ord. No. 11 Art. II §§ A,B, 3-4-1974; Amend. #18, 6-4-1984; #20, 12-2-1985; All to Ord. No. 11; Ord. No. 140, 5-4-1992; Ord. No. 143, 8-18-1992; Ord. No. 144, 9-1-1992; Ord. No. 150, 4-20-1993; Ord. No. 170, 7-5-1994; Ord. No. 183, 3-10-1995; Ord. No. 196, 10-17-1995; Ord. No. 201, 1-9-1996; Ord. No. 241, 4-7-1999; Ord. No. 296, 4-6-2005; Ord. No. 336, 4-8-2009; Ord. No. 337, 4-8-2009]
For the purpose of these regulations words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.
For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter.
- ACCESSORY BUILDING OR USE
- A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building. An "accessory use" includes, but is not limited to the
following:[Ord. No. 388, 7-7-2015]
- 1. A children's playhouse, garden house and private greenhouse.
- 2. A civil defense shelter serving not more than two (2) families.
- 3. A garage, shed, or building for domestic storage.
- 4. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by district regulations.
- 5. Private swimming pools and spas.
- Any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure which is situated on real property and designed for occupancy by one (1) or more individuals, which is made available to the purchasers of a time-share plan.
- ADMINISTRATIVE OFFICER
- The Building Inspector designated by the Board of Aldermen to administer and enforce the provisions of this Title IV, Zoning Code.
- A way which affords only a secondary means of access to property abutting thereon, or which is less than thirty (30) feet wide.
- A room or suite of rooms used for a primary dwelling, including bath and culinary accommodations, located in a building in which there are three (3) or more such rooms or suites.
- APARTMENT HOUSE
- See "dwelling, multiple."
- A story having one-half (1/2) or more of its height above grade and used for storage, garages for use of occupants of the building, janitor or watchman quarters, or other utilities common for the rest of the building. A basement used for the above purpose shall not be counted as a story. If three-fourths (3/4) or more of this area is finished for residential use it shall be counted as a story. See "cellar" below.
- BOARDING HOUSE
- A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons.
- Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
- BUILDING COVERAGE
- The horizontal area measured within the exterior walls of
the ground floor of all principal and accessory buildings on a lot
divided by the gross area of the lot.[Ord. No. 388, 7-7-2015]
- BUILDING, HEIGHT OF
- The vertical distance from the grade to the highest point of the coping of the flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
- A carport is a covered structure used to offer limited protection
to vehicles, primarily cars, from the elements. The structure can
either be free standing or attached to a wall. Unlike a garage, a
carport does not have four complete walls extending from the ground
to the roof.[Ord. No. 388, 7-7-2015]
- A story having more than one-half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement unless three-fourths (3/4) or more of the area is finished for residential purposes, whereupon it shall be counted as a story. See "basement" above.
- CLINIC, MEDICAL
- An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
- A section or sections of the City of Kimberling City for which the Zoning Regulations, governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
- Any building or portion thereof which is designed for or used exclusively for residential purposes.
- DWELLING, MULTIPLE
- A building designed for or occupied exclusively by more than two (2) families as a primary dwelling.
- DWELLING, SINGLE-FAMILY
- A building designed for and occupied by one (1) family.
- DWELLING, TWO-FAMILY
- A building designed for or occupied exclusively by two (2) families.
- EXCHANGE PROGRAM
- Any opportunity or procedure for the assignment or exchange of time-share periods among purchases in the same or other time-share plans.
- Any structure, service, improvement, campground, recreational vehicle park or real property, improved or unimproved, which is made available to the purchasers of a time-share plan.
- One (1) or more persons residing together as a single housekeeping unit of a permanent and domestic character, and not as a temporary expedient rendered necessary or desirable by reason of temporary conditions.
- All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or, if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
- GARAGE, PRIVATE
- An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two-ton capacity. It may be an integral part of the main building.
Unlike a carport, a garage has four (4) complete walls.[Ord. No. 388, 7-7-2015]
- GARAGE, PUBLIC
- A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
- GARAGE, STORAGE OR PARKING
- A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.
- 1. For buildings having walls adjoining one (1) street only, the elevation of the sidewalk or ground level at the center of the wall adjoining the street.
- 2. For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalks or ground level at the centers of all walls adjoining the streets.
- 3. For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
- 4. Any wall approximately parallel to and not more than five (5) feet from a street line shall be considered as adjoining the street. Where no sidewalk exists the grade shall be established by the City Engineer.
- HOME OCCUPATION
- Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within a main building by a member of a family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than one (1) square foot in area and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or accessory building; and in connection with which no person outside the family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare. A home occupation shall not include the conducting of a beauty or barber shop, tea room or restaurant, rest home, medical or dental clinic, or cabinet, metal or auto repair shop, or kennel or other facility for the breeding, housing and/or raising, for commercial sale, any type of animal or bird.
- A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boarding house, a lodging house, or an apartment which are herein separately defined.
- A building occupied by a non-profit corporation or a non-profit establishment for public use.
- A building, facility, cage, or other structure intended to house and contain dogs or cats. The collection of such structures on a single lot or lot combination when containing more than three (3) dogs and/or cats over the age of four (4) months.
- A business that provides home-type washing, drying or ironing machines for hire to be used by customers on the premises.
- LOADING SPACE
- A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
- LODGING HOUSE
- A building other than a hotel where lodging only is provided for three (3) or more but not more than twenty (20) persons.
- A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with any accessory buildings, open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street or upon an officially approved place.
- LOT, CORNER
- A lot abutting upon two (2) or more streets at their intersection, or upon one (1) street that curves around two (2) or more sides of the lot.
- LOT, DOUBLE FRONTAGE
- A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
- LOT OF RECORD
- A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of Stone County, or a parcel of land, the deed of which was recorded in the office of the County Recorder of Deeds prior to March 4, 1974. The terms "lot," "parcel," "plot," or "tract" shall be considered synonymous for the purpose of this Title.
- MANUFACTURED HOME
- A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
- MOBILE HOME
- A designation that is retained to identify manufactured homes built before enactment of the H.U.D. code in 1974, and which are prohibited in any of the City's zoning districts.
- MODULAR HOME
- A dwelling unit that has the following characteristics: (includes panelized or pre-cut homes)
- 1. A unit that is fabricated in an off-site facility for installation or assembly, at the building site on a permanent perimeter foundation on a City platted lot.
- 2. That bears a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards.
- MODULAR HOUSING
- A dwelling unit made of one (1) or (usually) more modules built in a factory and erected on a foundation. A modular is often a two-story townhouse or a garden apartment. It meets building codes and is considered real property.
- A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include but is not limited to failure to conform to use, height, area, coverage or off-street parking requirements.
- NON-CONFORMING USE
- A structure or land lawfully used that does not conform to the regulations of the district in which it is located.
- NURSING HOMES
- A home for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept and provided with food, or shelter and care, for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
- PARKING AREA
- An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
- PARKING LOT
- An open prepared surface used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but on which no vehicle may be equipped, repaired, rented or sold.
- PARKING SPACE
- A prepared surface, that of which may be enclosed or unenclosed along with the main building or with an accessory building, having an area of not less than two hundred (200) square feet per automobile exclusive of driveways, regularly used for the temporary storage of one (1) or more automobiles and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
- An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.
- PLANNING AND ZONING COMMISSION
- A Board created by Chapter 405 of this Code.
- PORTABLE BUILDING
- A pre-manufactured building not to exceed one hundred twenty-five
(125) square feet mounted on skids. Building may be placed in the
rear yard with ten-foot setback from the rear and side property boundaries
in residential zones. Structure is not required to be permanently
attached to the ground.[Ord. No. 388, 7-7-2015]
- PREPARED SURFACE
- A surface consisting of asphalt, concrete or crushed stone not graded or compacted dirt.
- PUBLIC BUILDING
- A building facility, regularly open to the general public, which may contain private, public, utility, and governmental offices; and other facilities such as public libraries and public meeting halls.
- PUBLIC WATER SUPPLY SYSTEM
- A system serving two (2) or more dwelling units and approved by the Missouri Department of Health.
- PUBLIC SEWAGE SYSTEM
- A system serving two (2) or more dwelling units and approved by the Missouri Department of Health and the Missouri Water Pollution Board.
- RECREATIONAL PARK TRAILERS
- A recreational vehicle that is primarily designed to provide temporary living quarters for recreation, camping or seasonal use. Built on a single chassis mounted on wheels which has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by the manufacturer as complying with ANSI A 119.5.
- RECREATIONAL VEHICLE
- Any motor vehicle or trailer designed or intended for dwelling purposes; travel trailer; camper; motor home; tent trailer; boat; boat trailer; house or vacation trailer; camping trailer; farm, construction or commercial machinery, equipment or trailer.
- A stated return or payment for the temporary possession or use of a house, land, apartment or condo, made usually at fixed intervals, by the tenant or user to the owner for not less than thirty (30) days.
- ROOMING HOUSE
- See "lodging house."
- SERVICE STATION
- Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair or spray painting.
- SITE BUILT HOME
- A dwelling unit that has the following characteristics:
- 1. A unit that is fabricated and constructed on a permanent, perimeter foundation at the premise of a City platted lot.
- 2. That is fabricated and constructed of dimension lumber, supplies of other construction materials, and certain factory built structures and fixtures, such as trusses, doors, windows and electrical and plumbing fixtures.
- That portion of a building other than a basement or cellar included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. See "basement and cellar" of this Section.
- STORY, HALF
- A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes other than for a janitor or care-taker or his/her family or by a family occupying the floor immediately below it, shall be deemed a full story.
- A public or private thoroughfare which affords the principal means of access to the abutting property.
- STREET LINE
- A dividing line between a lot, tract or parcel of land and a contiguous street.
- Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas.
- STRUCTURAL ALTERATIONS
- Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls excepting such repair or replacement as may be required for safety of the building, but not including openings in bearing walls as permitted by existing ordinances.
- TIME-SHARE PERIOD
- That period of time when a purchaser of a time-share plan is entitled to the possession and use of the accommodations or facilities, or both, of a time-share plan.
- TIME-SHARE PLAN
- Any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement or any other means, whereby a purchaser, in exchange for a consideration, receives ownership rights in or a right-to-use accommodations or facilities, or both.
- TIME-SHARE PROPERTY
- One (1) or more time-share plan units subject to the same time-share instrument, to such units; provided that for the purposes of Chapter 137, RSMo., such property shall be defined as a cooperative housing association and valued without regard to time-share periods.
- TIME-SHARE UNIT
- An accommodation or facility of a time-share plan which is divided into time-share periods. Time-shares are permitted in commercial zones only; they are not permitted in residential zones.
- TOURIST OR TRAILER CAMP
- An area where one (1) or more tents or auto trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities of one (1) or more families and intended primarily for automobile transients.
- A vehicle, other than a motor vehicle, designed or intended for use for dwelling purposes, whether or not such vehicle is attached to or resting on the ground or something having a location on the ground. See "recreational vehicle" hereof.
- An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
- YARD, FRONT
- That portion of a lot that extends across the designated front elevation of the main building, and which extends from the closest projection of the front elevation to the street or road right-of-way. Minimal projections, such as roof overhangs, balconies, uncovered steps or ramps, which do not alter the in-line elevations with other dwellings are excluded. Front yard dimensions shall be in compliance with Section 400.230 of this Chapter.
- YARD, REAR
- That portion of a lot that extends across the designated rear elevation of the main building, and which extends from the closest projection of the rear elevation to the rear lot line for alley. Minimal projections, such as roof overhangs, balconies, uncovered steps or ramps, which do not alter the in-line elevations with other dwellings are excluded. Rear yard dimensions shall be in compliance with Section 400.230 of this Chapter.
- YARD, SIDE
- That portion of a lot that extends from the required front yard to the required rear yard and extends from the closest projection of each side elevation to the lot line or street or road right-of-way. Minimal projections, such as roof overhangs, balconies, uncovered steps or ramps are excluded. Side yard dimensions shall be in compliance with Section 400.230 of this Chapter, except on corner lots, the side yard paralleling and intersecting street shall be a minimum of twenty-five (25) feet from the closest projection of the side elevation. On non-conforming lots the twenty-five-foot setback requirement for corner lots may be waived at the discretion of the Planning and Zoning Commission.
- ZONING MAP
- The Official Revised Zoning Map dated March, 1999, of Kimberling City, Missouri, located in the office of the City Clerk.