Kimberling City, MO Zoning Districts And Uses

For the purposes of this Chapter the City of Kimberling City, Missouri, is divided into the following districts:

"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.

"R-1" Single-Family District. Low-density residential district where related recreational, religious, and educational facilities may be provided.

"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]

Permitted By-Right Uses. P in a cell indicates that the use is permitted by right in the zoning district.

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]

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:

The intensity of the use;

Uses that are similar to the proposed use and districts allowing those uses; and

Operations of the proposed use and its impacts on surrounding areas.

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]

Short-Term Rentals.

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.

"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.

"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.

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.

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.

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.

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:

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.

Be placed in conformance with all zoning and setback requirements established for the district in which located.

Accessory structures shall be placed in conformance with setback, dimensional and Building Code requirements established for the district in which located.

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.

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:

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.

Foundation anchors and utility connections or landings.

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.

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.

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:

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 (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:

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.

(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.

Types Of Marijuana Medical Marijuana Facilities.

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:

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.

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.

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.

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:

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.

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.

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.

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:

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.

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.

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.

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:

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.

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.

General Facility Requirements. The following general standards shall apply to all medical marijuana facilities:

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.

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.

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.

No medical marijuana business shall be located in a building that contains a residence.

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]

Residential Districts. Erection of fences within residential districts 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.

Fencing Materials. 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.

[Ord. No. 509, 8-11-2021]

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	Max. Building Coverage	Min. Lot Size Per Unit (sq. ft.)	Min. Lot Width	Min. Lot Size (sq. ft.)
"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
District		Front	Side	Rear	Lot Area (sq. ft.)	Lot Width (sq. ft.)	Min. District Area	Max. Density
"R-MHC"	Manu-factured Home	15	10	15	5,000	50	5 ac.	6 units/acre