[Ord. No. 509, 8-11-2021]
A.
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.
B.
For the purpose of these regulations, certain terms and words
are to be used and interpreted as defined hereinafter.
[Ord. No. 509, 8-11-2021; Ord. No. 526, 8-17-2022]
For the purpose of these regulations, certain terms or words
used herein shall be interpreted or defined as follows, unless the
context clearly indicates otherwise.
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:
A children's playhouse, garden house, and private greenhouse.
A civil defense shelter serving not more than two (2) families.
A garage, shed, or building for domestic storage.
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.
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.
The Person(s) designated by the City Administrator to administer
and enforce the provisions of this Chapter.
A passage or way affording generally a secondary means of
vehicular access to abutting properties and not intended for general
traffic circulation.
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.
See "dwelling, multiple."
Any person, firm, or corporation, or employee thereof, approved
or hired by the Commission (PSC) to perform inspection services.
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.
The Board of Aldermen of Kimberling City, Missouri, unless
expressly stated otherwise.
A Board created by Section 400.315 of this Code.
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.
See "Structure."
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.
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 (4) complete walls extending from the ground
to the roof.
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.
The Sketch Plan or City Plan or Comprehensive Plan of the
City of Kimberling City, whether in whole or in part, as adopted by
the Planning and Zoning Commission, approved by the Board of Aldermen
and duly recorded in the Office of the County Recorder of Stone County.
It may consist of several maps, data, and other descriptive matter,
for the physical development of the City or any portion thereto, including
any amendment, extension, or additions thereof adopted by the Board
of Aldermen indicating the general locations for major streets, parks,
schools, or other public open spaces, public building sites, routes
for public utilities, zoning districts, or other similar information.
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.
The standards relating to manufactured homes as adopted by
the Commission (PSC). The Commission, in its discretion, may incorporate
in whole or in part the standard codes promulgated by the National
Standards Institute, the United States Department of Housing and Urban
Development, or other recognized agencies or organizations.
The Planning and Zoning Commission of Kimberling City, Missouri,
unless expressly stated otherwise.
A legal arrangement in which a dwelling unit in an apartment
or other shared building is individually owned but to which the common
areas are owned, controlled, and maintained through an organization
controlled by their individual owners. A condominium with three (3)
or more residential units shall be treated as a multi-family structure.
A short street having one (1) end open to traffic and which
is terminated at the other end by a vehicular turn-around.
Damage to an extent of sixty percent (60%) or more of the
replacement cost at the time of destruction.
Any person, firm or corporation engaged in the dividing,
or subdividing of land into lots or parcels for the purpose of conveyance
within the scope and application of these regulations.
A section or sections of the City of Kimberling City for
which the 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.
A building designed for or occupied exclusively by more than
two (2) families as a primary dwelling.
A building designed for and occupied by one (1) family.
A building designed for or occupied exclusively by two (2)
families.
A grant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies, or private individuals.
To permanently occupy space within the physical boundaries
of public or privately-owned land without ownership of such land.
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.
Any condition that can be attributed to the damage or occurrence
of a flood or accidental inundation of water.
100-year flood hazard areas as determined by the National
Flood Insurance Agency.
That part of a lot or premises immediately adjacent to a
public right-of-way without regard to access to, or elevation of,
any public improvements.
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.
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.
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.
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.
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.
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.
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 Administrative
Officer.
The manufactured home.
That part of an individual lot that has been reserved for
placement of one (1) single-wide or one (1) double-wide manufactured
home unit.
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.
Any non-porous area covered by a substance that does not,
by its physical qualities, permit inundation by water, including but
not limited to asphalt, slate, brick, aluminum, and concrete.
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.
A written license issued by the Kimberling City Clerk.
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.
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.
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.
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.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
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.
A contiguous parcel of land that has been developed for two
(2) or more manufactured homes and is owned by an individual, a firm,
a trust, partnership, public or private association, or corporation.
A parcel of land for the placement of one (1) manufactured
home unit, its accessory buildings or structures, and accessory equipment
for the exclusive use of the occupants.
A designation that is retained to identify manufactured homes
built before the enactment of the H.U.D. Code in 1974, and which are
prohibited in any of the City's zoning districts.
A dwelling unit that has the following characteristics: (includes
panelized or pre-cut homes)
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.
That bears a label certifying that it is built in compliance
with the Federal Manufactured Housing Construction and Safety Standards.
That complies with the City Building Code (see Chapter 500, Building Codes) and City Zoning District dimension requirements (see Section 400.518 of this Chapter).
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.
A structure or land lawfully used that does not conform to
the regulations of the district in which it is located.
Waterborne substances that can have adverse impacts on fish,
wildlife, habitats, and water quality and that enter the groundwater
via a diffuse number of points, possibly from the same source, as
opposed to one (1) particular point of entrance.
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.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites, and other lands.
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.
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.
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.
A written permit issued by the Kimberling City Administrative
Officer or other authorized person, permitting the construction, alteration,
and extension of a manufactured home under the provisions of this
Chapter.
Any individual, firm, trust, partnership, public or private
association, or corporation.
Any structure or piece of structure that prevents visual
or physical contact.
A structure that encroaches on a body of water specifically
for the purpose of providing the general public with access for recreational
fishing.
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.
A Planned Development District ("PDD") is a unique zoning
classification that allows an integration of multiple land uses in
a specified area. The purpose of the "PDD" classification is to encourage
more creative and imaginative land use designs that are generally
possible under conventional zoning regulations.
The Kimberling City Planning and Zoning Commission, a board created by Chapter 420 of this Code.
A surface consisting of asphalt, concrete, or crushed stone
not graded or compacted dirt.
A main building on a lot or subdivision thereof in which
the primary use of the lot on which the building is located is conducted.
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.
A system serving two (2) or more dwelling units and approved
by the Missouri Department of Health and the Missouri Water Pollution
Board.
A system serving two (2) or more dwelling units and approved
by the Missouri Department of Health.
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.
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.
That portion of any street designed for vehicular traffic
and, where curbs are paved, that portion of the street between the
curbs.
See "lodging house."
A device, label, or insignia issued by the Missouri Public
Service Commission, U.S. Department of Housing and Urban Development,
or its agent, to be displayed on the exterior of the manufactured
home to evidence compliance with the Code.
A permanent building such as a management office, laundry,
nursery, etc., and shall be used exclusively by occupants of the district.
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.
The minimum or maximum distance that a structure may be located
from the property line.
The operations performed at the occupancy site which renders
a manufactured home fit for habitation, which operations include,
but are not limited to, moving, blocking, leveling, supporting individual,
and assembling multiple or expandable units.
The connection consisting of all pipes, fittings, and appurtenances
from the drain outlet of the manufactured home to the inlet of the
corresponding sewer riser pipes of the sewage system serving the manufactured
home community.
That portion of the sewer lateral that extends vertically
to the ground elevation and terminates at each manufactured home lot.
Amy metal or primarily metal container designed or constructed
to ship, store, or handle bulk goods or items, or which appears substantially
similar to such containers in appearance such containers include reusable
steel boxes, freight containers, and bulk shipping containers; originally,
a standardized reusable vessel that was designed for an used in the
parking, shipping, movement, transportation or storage of freight,
articles of goods or commodities; generally capable of being mounted
or moved on a rail car, truck trailer or loaded on a ship.
The point at which land and water meet as determined by the
mean high-water mark of a body of water.
A dwelling unit that has the following characteristics:
A unit that is fabricated and constructed on a permanent, perimeter
foundation at the premise of a City platted lot.
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 complies with the City Building Code (see Chapter 500, Building Codes) and City Zoning District dimension requirements (see Section 400.518 of this Chapter).
All organized local entities (other than Counties, municipalities,
townships, or school districts) authorized by State law to provide
only one (1) or a limited number of designated functions, and with
sufficient administrative and fiscal autonomy to qualify as separate
governments; known by a variety of titles, including districts, authorities,
boards, and commissions.
The intentional containment, chemical treatment, or alteration
of flow of water that results from precipitation specifically for
the purpose of preventing flooding, erosion, or non-point pollution.
That portion of a building, other than a basement or cellar
not meeting those standards as identified in the definitions of this
Section, 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.
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 caretaker or his/her family or by a family occupying
the floor immediately below it, shall be deemed a full story.
A dividing line between a lot, tract, or parcel of land and
a contiguous street.
The full width between the property lines bounding every
way whatever nature when any part thereof is open to use by the public
as a matter of right, for the purpose of vehicular traffic and whether
designated as a street, highway, freeway, expressway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, place, circle,
court or however otherwise designated.
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 the safety of the
building, but not including openings in bearing walls as permitted
by existing ordinances.
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, backstops for tennis courts and pergolas.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing, or to the land
or territory subdivided.
The investment of more than fifty percent (50%) of a structure's
assessed value in repairs or improvements other than physical expansion.
A portable or movable, weather-resistant receptacle designed
and used for the storage and shipment of household goods, wares, valuables,
or merchandise (typically known as PODS®, MODS etc.), and which is leased on a short-term basis for temporary
storage purposes.
The official plan of highways, primary and secondary thoroughfares,
parkways, and other major streets, including collector streets, adopted
by the Planning and Zoning Commission, approved by the Board of Aldermen,
and duly recorded in the Office of the County Recorder of Stone County.
This may be incorporated as a part of the City Plan.
A major street so designated in the official Thoroughfare
Plan.
A device designed for the purpose of anchoring a manufactured
home to ground anchors.
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.
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.
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.
An accommodation or facility of a time-share plan which is
divided into time-share periods.
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.
The connection consisting of all pipes, fittings, and appurtenances
from the water riser pipe to the water inlet pipe of the distribution
system within the manufactured home.
That portion of the water supply system serving the manufactured
home that extends vertically to the ground elevation and terminates
at the manufactured home lot.
Activities that require a location in, on, over, or adjacent
to the water because the activities require direct access to water
and the use of water is an integral part of the activity. Examples
of water-dependent uses include public and private marinas, yacht
clubs, boat yards, commercial and recreational fishing facilities,
tour boat and charter boat facilities, unloading and aggregate transshipping
facilities, waterborne commerce, ferries, marine educational or laboratory
facilities, and water-related public and quasi-public utilities.
Activities that do not require a location on or adjacent
to the water to function, but whose location on the waterfront could
add to the public enjoyment and use of the water's edge, if properly
designed and sited. Water-enhanced uses are generally of a recreational,
cultural, commercial, or retail nature.
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.
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 400.518 of this Chapter.
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 an 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 400.518 of this Chapter.
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 400.518 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.
The official, most recently adopted Revised Zoning Map of
Kimberling City, Missouri, located in the office of the City Clerk.
