[R.O. 2012 § 400.180; Ord. No. 11, Art. VII § A, 3-4-1974; Amend. # 14 to Ord. No. 11, 2-17-1981; Ord. No. 281, 10-21-2003; Ord. No. 294, 9-7-2004]
It is the intent of this Section that the "R-1," "R-2" and "R-3" zoned districts within the City limits of the City of Kimberling City, Missouri, shall be maintained as beautifully and aesthetically pleasing as possible. Erection of fences will be permitted as follows:
Side yards. A fence of the chain link, wood or wrought iron may be constructed to enclose the side yards of an improved lot if said fence shall have a minimum of thirty percent (30%) open area when viewed at right angles and if said fence is not more than four (4) feet in height.
Front yards. A fence of decorative rock, wrought iron, wooden rustic (such as split rail) or hedges or shrubs may be constructed in the front yard of an improved lot if said fence is not more than three (3) feet in height and if said fence does not obstruct the view of vehicular traffic from any street adjacent to said lot along side street or to any other street adjacent to said lot.
Rear yards. Solid wood or vinyl privacy fences, chain link, hedges or shrubs may be constructed around the rear yard of a residence and shall not exceed six (6) feet in height.
It is the intent of this Section to list the accepted materials for wood fences; and the location of the structural and/or supporting members; and the location of rear fences.
Wooden fences shall be constructed only from solid wood or from engineered wood products and not by-products such as plywood, particleboard or similar products.
All fencing shall be constructed with the structural and/or supporting members located within or toward the interior of the area being enclosed.
Rear yard fence under this Section may not be set in front of the rear most point of the home on the side of the house in question.
For the purposes of this Chapter, retaining walls for the prevention of earth/rock slides or slips shall not be classified as fences. Prior to the construction and actual erection of any fence permitted herein, a building permit for same shall be obtained by the owner of the improved lot to be fenced in accordance with the provisions of the Kimberling City Building Code as adopted in Section 500.010.
[R.O. 2012 § 400.190; Ord. No. 11 Art. VII § B, 3-4-1974; Ord. No. 388, 7-7-2015]
Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district, i.e., school campus, cluster housing, shopping center, industrial park, and so forth.
[R.O. 2012 § 400.200; Ord. No. 11, Art. VII § C, 3-4-1974; Ord. No. 140, 5-4-1972; Ord. No. 150, 4-20-1993; Ord. No. 193, 10-17-1995; Ord. No. 337, 4-8-2009; Ord. No. 388, 7-7-2015]
All accessory structures shall conform to building codes included in Title V, Chapter 500 of the Municipal Code of Kimberling City and require approval and permitting by the Building Inspector.
Accessory structures shall be placed no closer than ten (10) feet from the primary structure or from other accessory structures.
Accessory structures shall not exceed fifteen (15) feet in height from finished floor grade to the top of the structure.
No accessory building shall be constructed or placed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.
No more than one (1) portable building shall be allowed per residentially zoned lot.
Pre-fabricated metal carports without walls are prohibited.
Any accessory building that does not meet the definition of a portable structure must be permanently affixed to the ground in accordance with applicable building codes.
Any accessory structures for which construction would cause the building coverage to exceed the maximum allowable building coverage shall be subject to review by the Board of Adjustment.
[R.O. 2012 § 400.210; Ord. No. 11, Art. VII § D, 3-4-1974]
No yard or lot existing on March 4, 1974, shall be reduced in size or area below the minimum requirements set forth herein, except for street widening. Yards or lots created after March 4, 1974, shall meet at least the minimum requirements established by this Chapter.
[R.O. 2012 § 400.220; Ord. No. 11, Art. VII § E, 3-4-1974]
On a corner in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of intersection.
[R.O. 2012 § 400.230; Amend. # 18 to Ord. No. 11 § 2, 6-4-1984; Ord. No. 336, 4-8-2009; Ord. No. 440, 12-5-2017]
Any owner, lessee, or bailee of recreational vehicles, as described herein, may park and store such recreational vehicles on a single lot with a residential structure in a residential district or on a commonly owned fractional lot immediately adjacent to such a lot subject the following:
Such recreational vehicle shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area.
If such recreational vehicle is equipped with liquified petroleum gas containers, such containers shall meet the standards of either the Interstate Commerce Commission or the Federal Department of Transportation or the American Society of Mechanical Engineers, as such standards exist on March 4, 1974. Further, the valves of such liquified petroleum gas containers must be closed when the recreation vessel is not being readied for immediate use, and in the event that leakage is detected from such liquified petroleum gas containers immediate corrective action must be taken.
At no time shall such parked or stored recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes, except as provided in Subsection (A)(4) of this Section.
It shall be lawful for only non-paying guests at a residence in a residential district to occupy one (1) recreational vehicle parked or stored subject to the provisions of this Chapter, as a visitor for temporary sleeping purposes only and only for a period of 14 days in one calendar year.
Such recreational vehicle may be parked or stored in the following manner:
Parking is permitted inside any enclosed structure which structure otherwise conforms to the zoning requirements of the particular zone where located.
Parking is permitted in the side yard if a ten-foot setback between the recreational vehicle and the lot line is maintained, or in the rear yards, behind the required front yard setback.
Parking of two (2) recreational vehicles is permitted outside within the required front yard setback on a prepared surface driveway or on a prepared surface pad adjacent to the driveway provided;
Space is not available in the side yard, behind the required front yard, or where there is not reasonable access to either the side or rear yard. A lot shall be deemed to have reasonable access to the rear yard if terrain permits and an access can be had without substantial damage to existing large trees or major landscaping. A fence shall not necessarily be deemed to prevent reasonable access. A corner lot shall normally be deemed to have reasonable access to the rear yard.
Inside parking is not possible.
The recreational vehicle is parked perpendicular to the front property line.
The recreational vehicle must be at least five feet from the property line and may not obscure the view of traffic.
The recreational vehicle may not extend over a public sidewalk or public right-of-way.
Automotive vehicles or trailers of any kind or type, excepting boat trailers, without current license plates or registration shall not be parked or stored on any residential zoned property other than in completely enclosed buildings.
Vehicles and trailers designed for use on farms, construction equipment of any type, vehicles larger than one-and-one-half-ton capacity, and trailers for commercial or business use shall not remain parked on any residential zoned property for more than twelve (12) continuous hours.
Nothing contained in this Section shall be deemed or construed to allow the use of property situated in a residential zone for any commercial parking or storage purpose, and it shall be unlawful for any person to use property in a residential zone for parking purposes except in connection with, or as an accessory use to, the use of such property for residential purposes or other permitted uses. Nothing in this Section shall be interpreted to repeal any off-street parking regulation imposed elsewhere in this Chapter or in Title III.
Total recreational vehicles not to exceed two (2) per residential structure on a residential lot or combination of residential lot and commonly owned adjacent lot.
[R.O. 2012 § 400.240; Ord. No. 11, Art. VII § G, 3-4-1974]
Mobile homes shall not be permitted within the City except when in transit.
[R.O. 2012 § 400.250; Ord. No. 456, 11-7-2018]
No building shall be erected which is more than two (2) stories above grade and not to exceed fifty-five (55) feet as defined in Article II of this Chapter within "R-1" and "R-2" zoned areas. R-3 will be limited to three (3) stories above grade, and "C-1," "C-2," and Industrial zoned areas limited to four (4) stories above grade.
All Construction in any zoning classification over two (2) stories above grade will be reviewed by Planning and Zoning to take into account loss of view, traffic changes, utilities, and impact of water runoff before approval of permits.
Any variance to the limits outlined in this Section must be reviewed and approved by Kimberling City Planning and Zoning as well as the Board of Aldermen. Criteria for approving this variance will require taking into account affected loss of view from neighboring properties, traffic changes, utilities available in the area, and impact of water runoff changes.
[R.O. 2012 § 400.265; Ord. No. 197 §§ 1 — 4, 11-7-1995]
Definitions. For the purposes of this Section the following terms shall be deemed to have the meanings indicated below:
- ADULT ENTERTAINMENT ESTABLISHMENTS
- Any of the establishments, businesses, buildings, structures or facilities defined in this Subsection (except the definition of "specified sexual activities").
- ADULT ENTERTAINMENT FACILITY
- Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape or film presentation), where the patrons either:
- 1. Engage in personal contact with, or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
- 2. Observe any live presentation, video tape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or they observe specified sexual activities as said term is defined herein.
- An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
- MASSAGE SHOP
- An establishment which has fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electronic apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist, or professional masseuse, licensed by the State of Missouri.
- SEXUALLY ORIENTED BUSINESS
- (1) Has a substantial portion of its displayed merchandise which consists of such items; or
- (2) Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
- (3) Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
- (4) Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
- (5) Maintains a substantial section of its interior business space for the sale or rental of such items; or
- (6) Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas;
- 2. An adult cabaret;
- (1) By a college, junior college, or university supported entirely or partly by taxation;
- (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
- SPECIFIED SEXUAL ACTIVITIES
- Includes the following acts:
- 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
- 2. Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
- 3. Excretory functions as part of or in connection with any of the activities set forth in this subdivision.
Conditional Use Permit Required.
A written application for a conditional use permit shall be filed with the City Clerk and shall include a statement indicating in detail, the proposed use, the basis upon which it is requested, conform to the standards set forth in the Code of Ordinances and the standards herein. Applications for conditional use permits shall be accompanied by a fee of seven hundred fifty dollars ($750.00). The application shall be accompanied by an ownership list listing the legal description of the property for which the permit is requested and the name and address of the owners of any real property located within six hundred (600) feet of the boundaries of the property for which the permit is requested.
The City Clerk shall forward the application to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
Relatedness of the proposed amendment to goals and outlines of the long range comprehensive plan of the City of Kimberling City, Missouri.
Existing uses of property in the general vicinity of the property in question.
The zoning classification of property within the general vicinity of the property in question.
The suitability of the property in relation to the uses permitted under the existing zoning classification.
The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
A conditional use permit may be granted by the Board of Aldermen of the City of Kimberling City, Missouri, after recommendation of the Planning and Zoning Commission, after notice and public hearing. Upon receipt of the application and recommendation by the Planning and Zoning Commission, the Board of Aldermen shall call a public hearing for the next scheduled meeting of the Board of Aldermen; provided however, that notice must be published in a newspaper of general circulation at least fifteen (15) days prior to the date set for hearing.
After public hearing, the Board shall determine whether such use will:
Substantially increase traffic hazards or congestion.
Substantially increase fire hazards.
Adversely affect property values.
Adversely affect the character of the neighborhood.
Adversely affect public health, safety and the general welfare of the community.
Overtax public utilities.
If the findings of the Board are negative as to all of the above, then the application shall be granted, provided there is compliance with all other requirements of this Section; if affirmative as to any of the above, then such permit shall be denied.
The conditional use permit may be granted provided the use is in compliance with all other provisions of the Code of Ordinances and any other conditions as to operation, site development, signage and time limit as may be deemed necessary in order that such use will not seriously injure the appropriate use of the neighboring property and will conform to the general intent and purposes of these regulations and shall comply with the height and area regulations of the district in which they may be located, unless otherwise granted.
The Board of Aldermen may stipulate such additional conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use permit as is deemed reasonably necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein, and to correlate the proposed use to other property and uses in the vicinity. The Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be, fully complied with.
Applications shall be granted or denied within thirty (30) days of the close of the public hearing. When denying a request, the Board shall make written findings of facts and conclusions of law specifying the particular grounds relied upon. When approving a proposed use, the Board shall make affirmative findings that the proposed use conforms with the general standards set forth in this Section. In no case shall a use be permitted which is not authorized by this Section.
If the Board of Aldermen approves the application, it shall adopt an ordinance to that effect.
No adult bookstore, adult entertainment facility, bathhouse, massage shop or modeling studio shall be permitted within six hundred (600) feet of any religious institution, school, or public park or any property zoned for or being used as residential. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school, public park or the property zoned for residential use.
No adult entertainment establishment shall be allowed to locate or expand within six hundred (600) feet of any other adult entertainment use or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this Section. The distance between any two (2) adult entertainment establishments and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
The establishment shall at all times be in compliance with all codes, statutes, rules, regulations and other provisions of law of the City of Kimberling City, Missouri and of the United States.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
The conditional use permit shall be strictly adhered to during the lifetime of the permit. The final provisions of the conditional use shall be documented as part of the permit. The permit shall not be transferable. Any modification in use is subject to the same process of approval as the initial permit.
Any deviations from the approved permit may result in suspension or revocation of the permit.
Any responsible City Official is authorized to enter, at any reasonable time, any premises or establishment operating under a conditional use permit. If upon inspection, any violation of the permit is found, the City Inspector/Chief of Police shall give written notice to the holder of the permit of any violation(s). The notice shall include a date by which the violation(s) are to be removed. After this date, the City Inspector/Chief of Police shall re-inspect the premises or establishment. If the violation(s) shall not have been removed, the City Inspector/Chief of Police shall issue an order suspending the permit. The order shall constitute a violation and the remedial action required. If the City Inspector/Chief of Police determines that a violation creates a threat to public health or safety, the City Inspector/Chief of Police shall take immediate action to suspend operations on the premises.
A permit holder who has received notice of suspension may request and shall be granted a public hearing on the matter before the Kimberling City, Missouri, Board of Adjustment; provided that such permit holder files a written request with the Board of Adjustment within ten (10) days of the notice of suspension. The filing of the request for hearing shall operate as a stay of the notice and of the suspension. After hearing the Board of Adjustment shall provide the permit holding with the written findings of the Board sustaining, modifying or withdrawing the notice of suspension. Upon timely failure to comply with any order sustaining or modifying the notice, the conditional use permit of the holder shall be revoked.
Required Site Plan. Each application for a conditional use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.
The site plan shall delineate the property lines of the proposed project, and shall indicate the zoning and present use of abutting properties.
The site plan shall delineate existing rights-of-way and easements.
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.
The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio.
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.
The site plan shall delineate the gross floor area of the building or structure.
The site plan shall describe the landscaping to be provided.
The site plan shall delineate the proposed exterior lighting.
The site plan shall delineate the proposed architectural details of the facility.
The site plan shall indicate the signage.
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
Massage Establishments. The provisions of this Section pertaining to massage shops shall be construed in accordance with Sections 324.240 to 324.275, RSMo.