[Ord. No. 509, 8-11-2021]
The use table below lists the uses allowed within each zoning
district. Approval of a use listed in the table and compliance with
the applicable use-specific standards for that use authorizes that
use only.
[Ord. No. 509, 8-11-2021]
A.
For the purposes of this Chapter the City of Kimberling City,
Missouri, is divided into the following districts:
1. "A-1" General Agricultural District. Primarily undeveloped
land usually found on the periphery of the City. Such lands are usually
restricted to agriculture and limited residential use.
2. "R-1" Single-Family District. Low-density residential
district where related recreational, religious, and educational facilities
may be provided.
3. "R-1B" Urban Neighborhood District. Moderately low-density
mixed residential district where related recreational, religious,
and educational facilities may be provided. This district is intended
to promote increased density while maintaining the traditional architectural
character of single-family neighborhoods.
4. "R-2" Two-Family District. Moderately high-density
residential district. Such districts should create a smooth transition
between "R-1" and "R-3" Districts.
5. "R-3" Multi-Family District. High-density residential
areas served by common facilities and open space.
6. "R-MHC" Residential-Manufactured Home District.
Intended to provide a location for the placement of manufactured homes.
7. "C-1" Neighborhood Commercial District. Pedestrian-oriented
commercial district primarily comprising the City center. This district
should offer personal services and retail outlets.
8. "C-2" General Commercial District. Automobile-oriented
commercial district providing a wide variety of business services
and retail outlets.
9. "C-3" Lakefront Overlay District. Intended to promote
commercial development capitalizing on properties' lake frontage.
This district is oriented for higher-intensity commercial uses for
recreation and tourism, as well as high-quality residential development.
10. "I-1" Light Industrial District. An industrial
district intended primarily for light manufacturing, assembling, fabrication
or warehousing, wholesale and service uses. This area may require
access to street transportation.
11. Intended to provide for professional, management,
research, and other offices.
12. "P" Park District. Intended to provide for public
and recreational use. This includes the existing park and its entire
leased area as defined by the Corps of Engineers
13. "PDD" Planned Development District. Intended to
enable greater flexibility, creativity, and innovation in land development
and design than is normally possible under traditional zoning regulations.
Planned Development Districts must meet specific criteria to ensure
the protection of health, safety, and welfare, and be in accordance
with the intent and purposes of the Comprehensive Plan.
[Ord. No. 509, 8-11-2021]
A.
Permitted By-Right Uses. P in a cell indicates that the use
is permitted by right in the zoning district.
B.
Conditional Uses. C in a cell indicates that use is allowed
in the zoning district only if reviewed and approved as a conditional
use in accordance with the procedures of Section 400.420. Conditional
uses are subject to all other applicable regulations of this Code,
including the use-specific standards.
C.
Prohibited Uses. A blank cell indicates that the use is prohibited
in the zoning district.
[Ord. No. 509, 8-11-2021]
A.
If the Administrative Officer determines that a proposed use
is not a listed use or there is some ambiguity of its proper classification
under the Land Use Matrix, the Administrative Officer will consider
the proposed use and its compatibility with the other uses permitted
in the various districts and make a determination as to the district
or districts within which the use should be located. In making a determination
on the proposed use and appropriate district or districts where the
use should be located, the Administrative Officer will take into account
elements such as:
1. The intensity of the use;
2. Uses that are similar to the proposed use and districts
allowing those uses; and
3. Operations of the proposed use and its impacts on
surrounding areas.
B.
An applicant may appeal the Administrative Officer's determination
to the Zoning Board of Adjustment.
[Ord. No. 509, 8-11-2021]
Editor's Note: The Land Use Matrix can be found as Attachment
1 to this Chapter.
[Ord. No. 509, 8-11-2021]
A.
Short-Term Rentals.
1. No property within any district zoned "R-1" nor
"R-1B" shall be leased, rented, or exchanged for any remuneration
or compensation as a nightly, weekly, vacation, or lake rental, nor
shall it be leased, rented, or exchanged for any remuneration or compensation
when the term of occupancy will be less than thirty (30) days or within
thirty (30) days of the first day of occupancy of the previous agreement.
Any property located in an "R-1" District that has been consistently
leased, rented, or exchanged as a nightly, weekly, vacation, or lake
rental prior to January 1, 2017, shall be allowed to continue to do
so; however, in the event such property is sold, any subsequent purchasers
of the property must abide by this Section.
2. "R-2" property shall not be leased, rented, or exchanged
for any other remuneration or compensation as a vacation location
nor shall it be leased, rented, or exchanged for any other remuneration
or compensation when the term of occupancy will be less than thirty
(30) days or within thirty (30) days of the first day of occupancy
of the previous agreement.
3. "R-3" property shall not be leased, rented, or exchanged
for any other remuneration or compensation as a vacation location
nor shall it be leased, rented, or exchanged for any other remuneration
or compensation when the term of occupancy will be less than thirty
(30) days or within thirty (30) days of the first day of occupancy
of the previous agreement.
B.
Temporary Uses. The Administrative Officer shall issue permits
regulating the erection and use of tents for periods not to exceed
ten (10) days for specific purposes such as temporary carnivals, churches,
charities, or charitable uses, and revival meetings, such uses not
being detrimental to the public health, safety, morals, comfort, convenience,
or general welfare; provided, however, that said tents or operations
are in conformance with all other ordinances of the City of Kimberling
City.
C.
Adult-Oriented Uses. See Chapter 620.
D.
Manufactured Homes.
1. Purpose. The purpose of this Section is to set forth
standards for the placement and architectural appearance of manufactured
homes within the City. The intent of this Section is to ensure that
manufactured homes are compatible with other dwellings in residential
neighborhoods and meet a minimum placement and architectural standard
while providing an alternative means of affordable home ownership
for the residents of the community.
2. Occupancy Restrictions. Manufactured homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations. Provided, however, that if a manufactured home or modular unit carries a seal as provided in Sections
700.010 to 700.115, RSMo., such manufactured home or modular unit shall not be required to comply with any other building, plumbing, heating or electrical code other than the code established by Sections
700.010 to 700.115, RSMo.
3. These regulations apply to manufactured homes, which
shall be subject to the same zoning regulations as site-built houses
and which shall be constructed in compliance with National Manufactured
Housing Construction and Safety Act or any successor Statute.
4. Siting Requirements. Each manufactured home placed
on an individual lot shall:
a. Be occupied only as a single-family dwelling and
be permitted in the same districts as single-family dwellings, unless
the manufactured home is intended for a different purpose, in such
a case the structure shall be evaluated for its intended purpose.
All structures shall meet the footing requirements below.
b. Be placed in conformance with all zoning and setback
requirements established for the district in which located.
c. Accessory structures shall be placed in conformance
with setback, dimensional and Building Code requirements established
for the district in which located.
d. Have a minimum width of not less than twenty-four
(24) feet as measured at all points perpendicular to the length of
the manufactured home. This standard is intended to restrict units
to the type which are brought to the site in parts, typically two
(2) halves, and have a minimum combined square footage of one thousand
(1,000) square feet. The manufactured home or modular home to be placed
on the individual lot must have been manufactured within two (2) years
prior to the date of placement of the same.
e. Roof must be gable or hip roof of at least three
(3) in twelve (12) or greater in pitch and covered with material that
is residential in appearance, including, but not limited to, approved
wood, asphalt composition or fiberglass shingles but excluding corrugated
aluminum, corrugated fiberglass, rolled roofing of any type, or metal
roofs. Except for permitted deck areas, all roof structures shall
provide an eave project.
f. Have the main entry door facing the street on which
the manufactured home is located. A sidewalk shall be installed from
the street, driveway or sidewalk adjoining neighboring lots to the
front door. The unit must be oriented on the lot so that its front
entry is parallel with the street.
g. Be placed on a parcel according to a pre-submitted
and approved plot plan as described on the permit. In addition, an
illustration of the finished appearance of the unit shall be provided.
h. Units shall be attached to a permanent perimeter
foundation or footing which meets all local Building Codes, meets
all manufacturer's specifications for support, and be placed on the
lot as stated in the permit.
i. A vapor barrier shall be in place in accordance
with the Uniform Building Code.
j. The exterior foundation or footing material shall
consist of continuous concrete, block, brick, flagstone, natural rock,
poured concrete or masonry suitable for the outer portion of a finished
residence.
k. Have the tongue and running gear including axles
permanently removed.
l. Maintain a minimum of eighteen (18) inches of crawl
space under the entire manufactured home. All facades and foundations
shall have permanently installed venting in accordance with the manufacturer's
requirements. Deletions or omissions of vents is not allowed and homes
will not be approved for occupancy without appropriate venting.
m. Have permanent steps as defined in Subsection
(D)(5)(c), below, set at all exits.
n. Be served by a water supply and sewage disposal
system meeting the established City requirements.
o. Underground public utilities shall be required where
available. All utility attachment shall be completed per Building
Code.
p. Property owner shall declare the manufactured home
as real property and must so record with the Stone County Assessor.
5. Inspections. Each manufactured home approved for
placement on a parcel shall be subject to the following inspections:
a. Foundation Inspection. A foundation inspection prior
to placement of the manufactured home shall be required to check the
foundation's conformity with the City Building Codes, placement of
vapor barrier, depth of crawl space, and proposed vent placement.
b. Foundation anchors and utility connections or landings.
c. Temporary or permanent steps at all doors prior
to occupancy. Permanent steps shall be placed within ninety (90) days
of occupancy. "Permanent steps" shall be defined as a means of egress
that is anchored or permanently attached to the ground in accordance
with the Building Code.
d. A final inspection shall be conducted prior to permanent
occupancy and prior to the expiration of the building permit. Final
approval to occupy the dwelling shall not occur until the final inspection
is complete. Failure to receive a final inspection is a per se violation
of this Section subject to a fine and imprisonment.
e. The permittee shall give the Building Official notice
when the premises are ready for inspection in the same manner as notice
is set forth in the Building Code and shall not proceed further until
approval has been given by the official pursuant to each inspection.
6. Non-Conformity. All legal existing occupied mobile
and/or manufactured homes located on an individual lot shall be permitted
to remain in place so long as occupied, but provided that they may
not be replaced unless made to conform with the requirements of this
Section. Any such existing mobile and/or manufactured home shall be
removed when unoccupied for a period in excess of six (6) months.
7. Violations. Violators of this Section shall be subject
to the usual penalties for violation of the zoning ordinance specified
in Section 400.350.
8. Mobile Homes. Any manufactured home not meeting the requirement set forth in Subsection
(D)(4)(e),
(f) and
(g), of this Section, by definition shall not be allowed within the corporate limits.
E.
Storage Of Recreational Vehicles. 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:
1. Such recreational vehicle shall be maintained in
a clean, well-kept state so as not to detract from the appearance
of the surrounding area.
2. 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.
3. 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
(E)(4) of this Section.
4. 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 fourteen (14) days in a rolling twelve-month period.
5. Such recreational vehicle may be parked or stored
in the following manner:
a. Parking is permitted inside any enclosed structure
which structure otherwise conforms to the zoning requirements of the
particular zone where located.
b. 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.
c. 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:
(1) 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.
(2) Inside parking is not possible.
(3) The recreational vehicle is parked perpendicular
to the front property line.
(4) The recreational vehicle must be at least five
(5) feet from the property line and may not obscure the view of traffic.
(5) The recreational vehicle may not extend over a
public sidewalk or public right-of-way.
(6) 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.
6. 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.
7. 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
of this Code.
F.
Vehicle Storage. 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.
G.
Condominiums. Condominiums shall be considered as multi-family
structures with respect to regulations under this Chapter. Condominiums
shall be developed in conformance with all applicable provisions as
outlined in the Missouri Uniform Condominium Act at Sections 448.1-101
through 448.4-120, RSMo.
H.
Medical Marijuana Facilities.
1. Types Of Marijuana Medical Marijuana Facilities.
a. A medical marijuana cultivation facility is a facility
as defined by Rule 19 CSR 30-95.010. Medical marijuana cultivation
facilities are a permitted use in "AG" Zoning Districts, subject to
the following:
(1) Such a facility may not be located within one thousand
(1,000) feet from any school, child day care, or church. The terms
school, day care, and church will be defined as in 19 CSR 30-95.010.
(2) No such facility may be located adjacent to or
across the street from any residential zoning district unless the
applicant first obtains a conditional use permit.
(3) A conditional use permit process will provide residents
notification if they are within five hundred (500) feet of the property
and the ability to protest the establishment of the use if within
one hundred eighty-five (185) feet of the property.
b. A medical marijuana testing facility is a facility
as defined by Rule 19 CSR 30-95.010. Medical marijuana testing facilities
are a permitted use in the "C-1" and "C-2" Zoning Districts, subject
to the following:
(1) Such a facility may not be located within one thousand
(1,000) feet from any school, child day care, or church. The terms
school, day care, and church will be defined as in 19 CSR 30-95.010.
(2) No such facility may be located adjacent to or
across the street from any residential zoning district unless the
applicant first obtains a conditional use permit.
(3) A conditional use permit process will provide residents
notification if they are within five hundred (500) feet of the property
and the ability to protest the establishment of the use if within
one hundred eighty-five (185) feet of the property.
c. A medical marijuana-infused manufacturing facility
is a facility as defined by Rule 19 CSR 30-95.010. Medical marijuana-infused
manufacturing facilities are a permitted use in the "C-2" Zoning District,
subject to the following:
(1) Such a facility may not be located within one thousand
(1,000) feet from any school, child day care, or church. The terms
school, day care, and church will be defined as in 19 CSR 30-95.010.
(2) No such facility may be located adjacent to or
across the street from any residential zoning district unless the
applicant first obtains a conditional use permit.
(3) A conditional use permit process will provide residents
notification if they are within five hundred (500) feet of the property
and the ability to protest the establishment of the use if within
one hundred eighty-five (185) feet of the property.
d. A medical marijuana dispensary is a facility as
defined by Rule 19 CSR 30-95.010. Medical marijuana-infused manufacturing
facilities are a permitted use in the "C-1" Zoning District, subject
to the following:
(1) Such a facility may not be located within three
hundred (300) feet from any school, child day care, or church. The
terms school, day care, and church will be defined as in 19 CSR 30-95.010.
e. Manner Of Measuring Separation Distance. Separation
measurements between facilities and then-existing elementary or secondary
school, child day care center, or church uses shall be made along
the shortest path between the demarcation points that can be traveled
by foot by public right-of-way. In the case of a freestanding facility,
the distance between the facility and the school, day care, or church
shall be measured from the property line of the facility to the closest
point of the property line of the school, child day care center, or
church. In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the school, day care, or church shall be measured from
the property line of the school, day care, or church to the facility's
entrance or exit closest in proximity to the school, child day care
center, or church. For purposes of this Section a "child day care
center" is a facility licensed by the City or State.
2. General Facility Requirements. The following general
standards shall apply to all medical marijuana facilities:
a. A business license shall be obtained annually, and
the medical marijuana license issued by the State of Missouri shall
be displayed in an open and conspicuous place on the premises.
b. Facilities must develop, implement, and maintain
an odor control plan, which shall address odor mitigation practices,
including, but not limited to, engineering controls, such as system
design and operational processes, which shall be reviewed and certified
by a professional engineer or a certified industrial hygienist as
sufficient to effectively mitigate odors for all odor sources. No
use shall emit an odor that creates a nuisance in violation of the
City Code.
c. Site Plan Review Required. A site plan shall be
submitted for review and approval by the City of Kimberling City Administrative
Officer. The site plan shall include a description of the ventilation
system to be used to contain odors within the building. The site plan
shall also show distances between the nearest school, childcare center,
or church to the medical marijuana facility.
d. No medical marijuana business shall be located in
a building that contains a residence.
e. Retail medical marijuana businesses shall be closed
to the public between the hours of 10:00 P.M. and 6:00 A.M.; no persons
not employed by the business shall be on the premises, and no sales
or distribution of marijuana shall occur upon the premises during
that time.
f. No marijuana may be smoked, ingested, or otherwise
consumed on the premises of a medical marijuana establishment.
g. All operations and all storage of materials, products,
or equipment shall be within a fully enclosed building. No outdoor
operations or storage shall be permitted.
h. If multiple licenses are issued for one (1) location,
then restrictions for the highest intensity use shall apply.
[Ord. No. 509, 8-11-2021]
A.
Residential Districts. Erection of fences within residential
districts will be permitted as follows:
1. 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.
2. 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.
3. 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.
B.
Fencing Materials. Accepted materials for wood fences and the
location of the structural and/or supporting members, and the location
of rear fences.
1. 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.
2. All fencing shall be constructed with the structural
and/or supporting members located within or toward the interior of
the area being enclosed.
3. 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.
[Ord. No. 509, 8-11-2021]
A.
The table below identifies the dimensional table for principal
structures within each zoning district. All measurements are in feet,
unless otherwise stated. The graphic below provides a visual diagram
for clarifying various setbacks based on the context of each property.
[Ord. No. 523, 2-16-2022]
|
Setbacks
|
Max. Building Coverage
|
Min. Lot Size Per Unit
(sq. ft.)
|
Min. Lot Width
|
Min. Lot Size
(sq. ft.)
|
---|
District
|
Front
|
Side
|
Rear
|
---|
"A-1"
|
General Agriculture
|
35
|
20
|
35
|
40%
|
1 ac.
|
150
|
1 ac.
|
"R-1"
|
Single-Family
|
25
|
10
|
25
|
40%
|
10,000
|
80
|
10,000
|
"R-1B"
|
Urban Neighbor-hood
|
15
|
5
|
25
|
50%
|
6,000
|
60
|
6,000
|
"R-2"
|
Two-Family
|
25
|
10
|
20
|
40%
|
6,000
|
100
|
12,000
|
"R-3"
|
Multi-Family
|
25
|
10
|
25
|
40%
|
4,000
|
100
|
12,000
|
"C-1"
|
Neighbor-hood Commercial
|
See Section 400.525
|
0
|
0
|
100%
|
N/A
|
None
|
None
|
"C-2"
|
General Commercial
|
5
|
0
|
5
|
50%
|
N/A
|
None
|
None
|
"C-3"
|
Lakefront Overlay
|
Determined by underlying zoning district, see Section 400.526
|
75%
|
N/A
|
None
|
None
|
"I-1"
|
Light Industrial
|
35
|
20
|
35
|
50%
|
N/A
|
100
|
1 ac.
|
"O"
|
Office
|
25
|
10
|
25
|
50%
|
N/A
|
80
|
10,000
|
District
|
Lot Setbacks
|
Lot Area
(sq. ft.)
|
Lot Width
(sq. ft.)
|
Min. District Area
|
Max. Density
|
---|
Front
|
Side
|
Rear
|
---|
"R-MHC"
|
Manu-factured Home
|
15
|
10
|
15
|
5,000
|
50
|
5 ac.
|
6 units/acre
|
B.
Minimum Living Space. The table below identifies the minimum
living space per unit by residential use. These minimums do not include
carport or garages as living space.
Use
|
Minimum Living Space
(square feet)
|
---|
Single-Family Dwelling
|
1,000
|
Two-Family
|
720
|
Multi-Family
|
720
|