[Ord. No. 509, 8-11-2021]
A.
One (1) Principal Building Only. 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.
B.
Building Materials. No principal structure in any residential
district shall be constructed with any portion thereof utilizing sheet
metal, including smooth, ribbed, or corrugated metal, as exterior
surface or window treatments.
C.
Residential Corner Lots. 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.
D.
Building Heights.
1.
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.
2.
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.
3.
Any request for variance from these regulations
shall comply with Section 400.440 of these regulations.
E.
Mobile Homes. Mobile homes shall not be permitted within the
City except when in transit.
[Ord. No. 509, 8-11-2021; Ord. No. 525, 5-3-2022; Ord.
No. 531, 6-21-2023]
A.
The following regulations shall apply to all zoning districts,
exclusive of the "A-1" Agriculture District.
B.
Conformance. 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.
C.
Placement. Accessory structures shall be placed no closer than
ten (10) feet from the primary structure or from other accessory structures.
Accessory structure shall conform to the setback requirements listed
in Section 400.518, Dimensional Tables.
D.
Height. Accessory structures shall not exceed fifteen (15) feet
in height from finished floor grade to the top of the structure.
E.
Time Of Placement. 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.
F.
Temporary Portable Structures. Any accessory building that does
not meet the definition of a temporary portable structure must be
permanently affixed to the ground in accordance with applicable Building
Codes. No more than one (1) temporary portable building shall be allowed
per lot.
G.
Carports Without Walls Are Prohibited. Carports built prior
to May 2023 will be grandfathered in and will not be required to conform
to the current Chapter unless:
1.
A change in the placement of the structure is made.
2.
More than sixty percent (60%) of the value of the
structure is expended for repair in any twelve-month period.
3.
In the event of total destruction of a non-conforming
structure or damage in excess of sixty percent (60%) of its value
as determined by accepted appraisal methods by any cause, then said
structure may not be repaired, replaced, or re-erected in the original
non-conforming manner.
H.
Accessory structures shall be included in the lot's maximum
building coverage calculation.
I.
Shipping/Storage Containers.
1.
Shipping/storage containers are not permitted to
be used in residentially zoned districts or on property the primary
use of which is residential. The placement of shipping containers
is limited to "I-1" Light Industrial and "A-1" General Agricultural
District.
2.
When allowed by zoning, shipping/storage containers
may be permanently placed on a property if all applicable building
regulations are followed, and the property owner first obtains an
active building permit.
3.
Shipping/storage containers shall not be used for
any advertising purposes and shall be kept clean of all alphanumeric
writing.
4.
A solid foundation (road base material or better)
is required for permanent accessory storage uses.
5.
Shipping/storage containers shall not be stacked.
6.
No electricity or plumbing may be run or connected
to a shipping/storage container.
7.
Shipping/storage containers must be placed in such
a way that minimizes its visibility from roadways and overhead views
from nearby buildings.
8.
Materials stored in shipping/storage containers
are subject to review and approval by Code enforcement.
9.
All shipping/storage containers must be secured
from entry by children and the public when not attended.
10.
No shipping/storage container may be used as living
quarters.
[Ord. No. 509, 8-11-2021]
A.
Location Outside The "R-MHC" District. It shall be unlawful
within the limits of Kimberling City to park or place a manufactured
home, except in a licensed "R-MHC" District.
B.
Permits. It shall be unlawful for any person to construct, alter,
or extend any manufactured home community within the corporate limits
of Kimberling City unless he/she holds a valid permit issued by the
Administrative Officer or other authorized person. All applications
for a permit shall be made to the Kimberling City Clerk and shall
include the following detail:
1.
Complete identification of the applicant.
2.
A legal description of the tract of land involved
in the proposed "R-MHC" District.
3.
A conveyance of ownership of the land in the proposed
"R-MHC" District.
4.
A plan, drawn to scale of not more than one (1)
inch equals thirty (30) feet and prepared by a registered engineer
or equivalent land use planner and filed with the County, showing,
but not limited to, the following:
a.
The platting of lots, including number of locations,
dimensions, and including the dimensions and location of the home
unit stand on each lot.
b.
The location of service buildings and any other
permanent structures.
c.
The layout of roadways and walkways, including width
dimensions.
d.
The location of sewer lines, riser pipes and sewer
treatment facilities, if required.
e.
The location of water mains, riser pipes, and waterworks
facilities, if required.
f.
Plans and specifications of all permanent buildings
to be constructed within the "R-MHC."
g.
The location and details of all lighting and electrical
systems.
h.
The plan of LPG systems for individual lots or a
central system.
i.
The location and size of recreational areas.
5.
A fee, according to Section 400.343(D) of this Chapter
shall accompany the permit application in payment to the City for
administration costs.
6.
The permit application shall be submitted to the
Planning and Zoning Commission for review, and to the Board of Aldermen
for final approval.
7.
Upon approval by the Board of Aldermen, the Administrative
Officer or other authorized person shall issue a permit for construction.
C.
Licenses. It shall be unlawful for any person to operate an
"R-MHC" within the corporate limits of Kimberling City, Missouri,
unless he/she holds a valid license, issued annually by the City Clerk
in the name of such person and for a specific "R-MHC." Application
for the original license shall be in writing, signed by the operator
and notarized. The approved site plan shall accompany this application,
along with a license fee, according to Section 400.343(D) of this
annual renewal applications shall be made, in writing, by the holder
of the license and accompanied by a fee, according to Section 400.343(D)
of this Chapter, and shall contain any change in the information submitted
since the original license was issued or the latest renewal granted.
D.
Inspection. The City Inspector shall have the power to enter,
at reasonable times, any "R-MHC" for the purpose of inspecting and
investigating conditions relating to the enforcement of this Section.
If upon inspection, any violation of this Section is found, the City
Inspector shall give written notice to the operator of the "R-MHC,"
of any violations along with a time frame for correction. At the end
of this period a reinspection shall be made by the City Inspector.
If the violation or violations have not been corrected he/she shall
suspend the license of the operator and provide that operator with
a detail of reasons for the suspension and remedial action required.
If, however, the City Inspector believes the violation to be an emergency,
he/she shall take immediate action for ordinance enforcement.
E.
Appeals And Orders. The operator of an "R-MHC" who has received
a notice of license suspension may request and shall be granted a
public hearing on the matter before the Kimberling City, Missouri,
Board of Adjustment; provided that such operator file a written notice
to the Chairman of the Board of Adjustment, requesting such a hearing
and including a statement of grounds therefore, within ten (10) days
of the suspension. The filing of the request for a hearing shall operate
as a stay of the notice and of the suspension. After such hearing
the Chairman of the Board of Adjustment shall provide the operator
with the written findings; sustaining, modifying, or withdrawing the
notice of license suspension. Upon failure to comply with any order
sustaining or modifying the notice, the license of the operator of
the "R-MHC" shall be revoked.
F.
Design Standards — District Area. The district area shall
conform to the following land use and facility requirements:
1.
Site Location. Conditions of soil, ground water
level, drainage and topography shall not create hazards to the property,
the health or safety of the occupants. The site shall not be exposed
to objectionable smoke, noise, odors or other adverse influences.
No portion, subject to flash flooding, subsidence, or erosion shall
be used for any purpose that would expose persons or property to hazards.
2.
Site Planning. Site planning should adapt to individual
site conditions. The manufactured home lots and all permanent structures
shall be fitted to the terrain with a minimum disturbance of the land,
trees, rock formations and other natural site features.
3.
Ground Cover Requirements. Exposed ground surfaces
in all areas of the district shall be paved, or covered with stone
screening, other solid material, or covered with vegetation growth
that is capable of preventing soil erosion and of eliminating objectionable
dust.
4.
Surface Water Drainage. Provision for surface water
drainage for the protection of all manufactured home lots, service
areas, and permanent buildings in the district, and areas surrounding
the district, shall be provided.
5.
Buffer Areas. The district shall be bordered by
a well maintained "green" space of no less than twenty-five (25) feet
along any street or highway frontage; and a well maintained, heavily
planted area of shrubs and trees in a "green" space of no less than
fifteen (15) feet wide along all other property lines.
6.
Screening Areas. All districts located adjacent
to industrial or commercial land uses shall be provided with vegetative
screening and a minimum of six-foot high fences.
7.
District Street System. The district shall be provided
with a convenient and safe street system with the following requirements:
a.
Entrance Street. The entrance shall be designed
to minimize congestion and hazards and allow free movement of traffic
on adjacent streets. No parking shall be permitted on the entrance
street for a distance of one hundred (100) feet from its point of
beginning, unless the entrance is at least thirty-four (34) feet wide.
If a divider is used at the entrance the width shall be thirty-four
(34) feet, plus the width of the divider. Entrance to the district
shall be in accordance with the design standards of the Missouri State
Highway Department.
b.
Interior Streets. Interior streets shall be two-way
and have a minimum width of forty (40) feet right-of-way, and a paved
riding surface of twenty (20) feet. An additional paved surface of
ten (10) feet shall be added to each side where parking is permitted.
Interior streets shall have a direct connection with the entrance
street, with intersections of one hundred fifty (150) feet apart,
and turnarounds with a minimum turning radius of sixty (60) feet at
dead end streets of over one hundred (100) feet in length.
c.
The NFPA, Fire Prevention Code requires a minimum
of thirteen (13) feet six (6) inches height be required for Fire Department
access.
8.
Interior Walkways. All season walkways for both
pedestrians and wheelchair traffic shall be provided between lots,
streets, and all community facilities for resident.
9.
Street And Walkway Illumination. Lighting units
shall be provided for night traffic on all streets and walkways; so
spaced and elevated as to provide an average level of illumination
of a minimum of one-tenths (0.1) foot-candle in all areas, and in
potentially hazardous areas, such as major street intersections, steps
and ramps of an average level of illumination of three-tenths (0.3)
foot-candle. All lighting shall be directed away from surrounding
areas of the district.
10.
Recreational Space. A minimum of two hundred (200)
square feet per platted lot shall be reserved as common recreational
space for residents of the district only.
11.
Home Unit Stand. The home unit stand shall be designed
and constructed to provide an adequate foundation for the placement
and tie down of the manufactured home unit in accordance with the
following:
a.
The home unit stand shall not heave, shift or settle
unevenly under the weight of the home unit, due to frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
b.
The home unit stand shall be provided with anchors
or tiedowns such as cast-in-place concrete "dead men," eyelets imbedded
in concrete foundations or runways, screw augers, arrow-head anchors,
or other devices adequately securing the stability of the manufactured
home unit.
12.
Sewage Disposal System. The district shall be connected
to the City Sewer System where provided. If the City Sewer System
is not available, to the district, a central waste treatment facility
shall be designed, constructed and maintained in accordance with all
State and Municipal regulations and requirements. The sewage system
shall be connected to all lots, buildings, and other facilities requiring
sewage disposal. Sewage connections to lots shall be constructed as
follows:
a.
The sewer riser pipe shall have a minimum of four-inch
diameter, shall be trapped below the ground surface, and shall be
so located at the home unit stand so that the sewer connection drain
outlet will approximate a vertical position.
b.
The sewer connection from the home unit shall have
an inside diameter of at least three (3) inches, and the slope of
any portion thereof shall be at least one-fourth (1/4) inch per foot.
c.
Provision shall be made for plugging the sewer riser
pipe when a home unit stand is vacant.
13.
Water Supply Distribution System. The district
shall be connected to the City Water Supply System, where provided.
If a City Water System is not available, the district must provide
a drinking water system that is designed and constructed in accordance
with all State and Municipal regulations and requirements. If a fire-flow
system is provided, the placement of hydrants shall be at five-hundred-foot
intervals, with a six-inch main. The water system shall be connected
to all lots and other buildings and facilities requiring water. Water
connections to all lots shall be as follows:
a.
The water riser pipe shall be located within two
(2) feet of the unit stand.
b.
The water riser pipe shall extend at least four
(4) inches above the ground elevation. The pipe size shall be at least
three-fourths (3/4) of an inch.
c.
The water outlet shall be capped when the unit stand
is vacant.
14.
Electrical Distribution System. The district shall
provide electric power to all lots, service areas, and buildings requiring
electrical power service, in accordance with all applicable codes
and regulations, including those of the service provider, and the
following:
a.
Main power lines not located underground shall be
suspended a minimum of eighteen (18) feet above the ground surface.
There shall be a minimum of three-foot clearance between overhead
power wire and any home unit or permanent structure.
b.
All buried power wire shall be buried at a minimum
of eighteen (18) inches below the surface of the ground and shall
have buried wire insulation. Such power conductors shall be buried
a minimum of two (2) feet from water, sewage, gas or communication
lines.
c.
Each lot shall be provided with an approved disconnecting
device and overload protective equipment. The minimum service per
lot outlet shall be one hundred twenty/two hundred forty (120/240)
volts A.C. with a capacity of one hundred (100) amperes.
d.
Outlet receptacles shall be weatherproof and located
not more than twenty-five (25) feet from the overload protective equipment
in the home unit. Receptacles shall be grounded; a three (3) pole,
four (4) wire grounding device shall be used.
e.
All exposed, non-current carrying metal parts of
the home unit shall be grounded. All electrical equipment, grounding
equipment and wiring configurations shall be installed and maintained
in accordance with the NFPA 70 National Electrical Code.
15.
Service Buildings. All service buildings such as
management offices, laundries, etc., shall be constructed in accordance
with the Kimberling City, Missouri, Building Code.
16.
Permanent Dwellings. Any site-built or modular
housing constructed in the district shall be single-family dwellings
and conform to coverage, parking regulations, dimensional requirements,
and time share restrictions as outlined for the "R-1" Zoning District.
17.
Refuse Handling. The storage, collection, and disposal
of refuse in the district shall be so conducted as to prevent health
hazards, rodent harborage, insect breeding areas, accident or fire
hazards in accordance with the following:
a.
All refuse shall be stored in fly-tight, watertight,
rodent proof containers.
b.
If refuse collection areas are used in the district,
they shall be located no more than one hundred fifty (150) feet from
any lot.
c.
All refuse, containing garbage, shall be collected
weekly by the City franchised refuse collection company.
18.
Insect And Rodent Control. Grounds, buildings,
and structures shall be maintained free of insect and rodent harborage
infestation. All extermination activity shall be performed by licensed
exterminators.
19.
Fuel Supply And Storage. Liquified petroleum gas
(LPG) systems shall be installed and maintained in accordance with
NFPA 58, 1992 Edition, regulations including the following:
a.
Systems shall be provided with safety devices to
relieve excessive pressure and shall be arranged so that the discharge
terminates at a safe location.
b.
Systems shall have at least one (1) accessible means
for shutting off gas. Such means shall not be located beneath a home
unit and shall be maintained in a effective operating condition.
c.
All LPG piping outside the home unit shall be well
supported and protected against mechanical damage. A flexible service
line shall be used to connect the supply line to the home unit (per
Fire Marshal). Undiluted liquified petroleum gas in liquid form shall
not be conveyed through piping systems in the home unit.
d.
No LPG vessel shall be stored or located inside,
or beneath any storage cabinet, carport, home unit, or any other structure.
20.
Fire Protection. "R-MHC" Districts shall be subject
to the rules and regulations of the Southern Stone County Fire Protection
District.
21.
"R-MHC" District Management Responsibilities. The
person to whom a license has been issued, shall operate the district
in compliance with this Section and shall provide adequate supervision
to maintain the district, its facilities and equipment in good repair
and in a clean and sanitary condition. District management shall also
assume the following responsibilities:
a.
Notify all district occupants of all applicable
provisions of this Section.
b.
Supervise the set-up of the home unit on its stand,
which includes securing its stability and installing all utility connections.
c.
Maintain a register containing the names and location
of all district occupants. This register shall be made available to
any Kimberling City person authorized to perform inspections in the
district.
d.
Establish covenants for the district which may exceed
but not be in conflict with the provisions of the Kimberling City
Title IV, Zoning Code.
G.
Design Standards — Lots And Manufactured Home Units. The
platted lots and manufactured home units shall conform to the following
requirements:
1.
Manufactured Home Unit Construction. Each home unit
placed in the district shall be manufactured under the Missouri State
Public Service Commission Code and contain a seal of certification.
2.
Anchoring The Home Unit. The home unit shall be secured by anchors to the stand in accordance with Subsection (F)(11) of this Section.
4.
Alterations And Additions To Home Units. Any alteration
of a home unit, or the addition of structures permanently attached
to the home unit require a building permit issued by the Kimberling
City Administrative Officer or other authorized person. All such alterations
or additions shall be in accordance with the Kimberling City Building
Codes. Any alterations to the home unit that would invalidate the
certification seal is prohibited and will be referred to the Missouri
State Public Service Commission.
5.
Storage Of Material Or Equipment. Storage of material
or equipment beneath home units is prohibited. Such material or equipment
shall be stored in accessory buildings on individual lots or facilities
provided by the "R-MHC" District.
H.
Non-Conformities. Existing mobile or manufactured home parks,
which pre-date this "R-MHC" Zoning District Section will be subject
to the provisions of Section 400.330 of this Chapter. Any proposed
expansion of such facilities must comply with this "R-MHC" Zoning
District Section.
I.
"R-MHC" Zoning District Approval By The Kimberling City Government.
The Governing Body will allow the establishment of a "R-MHC" zoned
district only if the plans clearly indicate compliance with the provisions
of this Section and only after determination that the district will:
1.
Not be detrimental to, or endanger the public health,
safety, comfort, or general welfare;
2.
Not be injurious to the use and enjoyment of other
property in the immediate vicinity for purposes already permitted,
nor substantially diminish and impair property values within the neighborhood;
3.
Not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district;
4.
Take adequate measures to minimize traffic congestion;
and
5.
Demonstrate that there is a public necessity for
this use.
[Ord. No. 509, 8-11-2021]
A.
Where two (2) units are included on one (1) lot, the following
design regulations shall apply.
1.
Internal Division. Both units shall be located wholly
within the principal structure. Units may be located on separate floors
or combined across both floors of the structure. Such division shall
not be visually apparent from the exterior of the structure.
2.
Unit Access. External access for both units shall
be oriented towards the front lot line. Where feasible, one (1) entrance
into the principal structure should be used, entering into a common
area with each unit taking access from such shared common area.
 |
3.
Character. Principal structures should generally
conform to the established building widths and depths, as well as
other architectural features, of surrounding properties.
 |
[Ord. No. 509, 8-11-2021]
A.
Residential Uses. All residential uses within the "C-1" District
shall conform to the following standards:
B.
Commercial Uses. All commercial uses within the "C-1" District
shall conform to the following standards:
1.
All commercial floor space should have a minimum
floor-to-ceiling height of eleven (11) feet.
2.
Each commercial unit provided on the ground floor
shall have a minimum floor area of eight hundred (800) square feet.
3.
Retail and service uses shall conduct all business
within an enclosed structure; no drive-in or drive-through.
C.
Maximum Front Setback. A minimum of sixty percent (60%) of the
front facade of a structure shall not be set back more than five (5)
feet from the front property line.
D.
Off-Street Parking Location. Off-street parking shall be provided
for within the lot outside of the maximum front setback area.
 |
E.
Transparency. A minimum of fifty percent (50%) of the first
floor front facade of a structure must be transparent glass windows.
 |
[Ord. No. 509, 8-11-2021]
A.
Purpose. The purpose of the Lakefront Overlay District is to
allow additional protections to all lakefront districts when an alteration
to existing conditions occurs. The Lakefront Overlay District provisions
have the following purposes:
1.
To preserve natural, recreational, scenic and historic
values along the City of Kimberling City's Lakefronts on the Table
Rock Lake.
2.
To preserve, provide and enhance recreation areas
and other green space.
3.
To strengthen the vitality of the district and capitalize
on the asset of the Lakefronts.
4.
To promote the Table Rock Lake Lakefront as a unique
destination place.
5.
To maximize the potential utility and enjoyment
of the Table Rock Lake Lakefront through active and passive uses,
such as lakefront dining, public walkways and seating areas.
6.
To protect the public health and safety.
7.
To regulate uses and structures along the lakefront
to avoid increased erosion and sedimentation.
8.
To allow reasonable uses of land on the lakefront
while directing more intensive and non-water-related development to
the most appropriate areas of the community.
B.
Uses. Uses permitted in the "LOD" District are identified in
Table 405.515, Use Table.
C.
Dimensions. Development in the "LOD" shall conform to the dimensions
applicable in the underlying base zone district as identified in Section
400.518 along with any supplemental regulations provided in this Chapter,
except as follows:
1.
Visual And Physical Access. Any new development
that creates a visual or physical obstacle to public access on land
that was previously accessible to the public shall mitigate the impact
to ensure that physical and visual access is provided in another form.
2.
Lakefront Setback. Properties adjacent to the Table
Rock Lake shall have a setback of as required by the US Army Corps
of Engineers, as defined by the Administrative Officer on a site-by-site
basis.
D.
District Regulations. Development otherwise permitted in the
underlying zone shall meet the following standards:
1.
Water-Dependent Uses. Any applicant proposing development
adjacent to a water-dependent use will be required to notify the owner
of the water-dependent use and submit his/her comments with the site
plan, if comments were received. New development that permanently
interferes with existing use of the water or will permanently inhibit
the continued operation of a water-dependent use is prohibited.
2.
Residential Uses. All habitable space within dwelling
units in the "LOD" shall be located above the 100-year floodplain.
3.
Water-Enhanced Uses. Any proposed water-enhanced
use that will have a significant negative environmental or economic
impact on existing water-dependent uses [more than one (1)] will not
be permitted.
4.
Marinas. All site plans for new marinas or expansion
of existing ones must include a stormwater management plan signed
and prepared by a Missouri licensed engineer and must include a pump
out.
5.
Hazards To Water Quality. No structure or building
shall be used in such a way as to significantly threaten or cause
significant pollution to the water quality of the Table Rock Lake.
[Ord. No. 509, 8-11-2021]
A.
Type Of Development. All of the uses permitted under this Section
shall have their primary operations conducted entirely within enclosed
buildings, and shall not emit any dust or smoke or noxious odor of
fumes outside the building housing the operation, or produce a noise
level occurring on the adjacent street. Any article or material stored
temporarily outside of an enclosed building as an incidental part
of the primary operation shall be so screened by ornamental walls
and fences or evergreen planting that it cannot be seen from adjoining
public streets or adjacent lots when viewed by a person standing on
the ground level.
[Ord. No. 509, 8-11-2021]
A.
Purpose. The purpose of Planned Development Districts is 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. Specifically,
it is the purpose of Planned Development Districts to achieve one
(1) or more of the following goals:
1.
Careful, creative design that is architecturally
harmonious and maintains a positive visual impact on the community
and that creates a sense of place.
2.
More efficient use of land, public services and
infrastructure.
3.
Preservation and protection of significant natural
features such as streams, trees, topographic features, and significant
cultural features.
B.
Authority. Planning and Zoning is authorized to establish Planned
Development Districts that may differ from the provisions of the other
zoning districts of this Chapter, but are congruent with the spirit
and intent of this Chapter and the Comprehensive Plan. Once approved
by the Planning and Zoning Commission it shall be presented to the
Board of Aldermen for final approval.
C.
General Provisions. All Planned Development Districts shall
comply with the following guidelines:
1.
The Planned Development District should not have
an adverse impact on the property value of adjacent land, nor should
it hinder the implementation of the Comprehensive Plan.
2.
Planned Development Districts must provide for adequate
traffic circulation within the development, and must provide adequate
connectivity with all modes of the City-wide transportation network.
3.
No Planned Development District should impose an
undue burden on public services, facilities and infrastructure.
4.
The location of structures, parking areas, walks,
lighting, and streets shall be compatible with surrounding land uses;
landscaping should be used where there are no structures, parking
and loading areas, or accessways.
5.
A Planned Development District may be developed
in phases, provided that no phase or unit of development shall be
constructed without proportional development of common open space.
The residential density at any phase shall not exceed more than twenty
percent (20%) of the proposed residential density of the entire development
without first developing a proportional amount of common open space.
Example: If total residential density allowed is one hundred sixty
(160) dwelling units, at no phase of the development would more than
thirty-two (32) dwelling units (one hundred sixty (160) by twenty
percent (20%) equals thirty-two (32)) be allowed until the required
open space is developed.
6.
The Planning and Zoning Commission may modify the
period of time for completing the entire development and commencement
date for each phase of the planned development if the applicant can
show good cause for doing so, provided that in no case shall any extension
exceed twelve (12) months.
7.
The applicant shall provide and record easements
and covenants and furnish bonds deemed necessary by the Board of Aldermen
to assure performance in accordance with the final development plan
and to protect the public interest in the event of abandonment before
the development's completion.
8.
Planned Development Districts shall comply with
the off-street parking and loading area requirements of Section 400.610.
9.
Specifications for the design of streets and highways,
alleys, public utilities, curbs, sidewalks, streetlights, public playgrounds
and parks, stormwater drainage, water supply and distribution, and
sanitary sewers and collection shall comply with the provisions of
this Chapter.
10.
The Planning and Zoning Commission may waive or
modify such requirements if the Committee finds that the specifications
will not harm the health, safety and welfare of the residents, and
that amended specifications would conform to the Comprehensive Plan
and the intent of this Chapter.
D.
Residential Planned Development Districts. Residential Planned
Development Districts include dwelling units in detached, semi-detached,
and attached dwelling units, and cultural or recreational uses intended
to serve residents of the neighborhood. The purpose of a Residential
Planned Development District is to allow for creativity in residential
design, allow for a mixture of residential density within the same
development, and encourage the conservation of significant natural
or cultural features.
E.
Mixed-Use Planned Development Districts. The purpose of a Mixed-Use
Planned Development District is to promote greater convenience and
innovative use of land within the same planned development. Mixed-Use
Planned Development Districts may include a combination of residential,
office, commercial, and light industrial uses. A mixed-use planned
development must include a commercial or light industrial use; any
development including only residential uses must be developed as a
Residential Planned Development District. Mixed-Use Planned Development
Districts are also subject to the following provisions:
2.
Buffers And Screens. Proper use of buffers and screens
shall be incorporated into site plans in order to lessen the difference
between land uses and diminish the visual impact of undesirable elements.
a.
Architectural screens should be an extension of
the development's architectural treatment and consistent in color
and design.
b.
Screening walls should be constructed of low-maintenance,
high-quality materials which are consistent with the building facade
material.
c.
Painted or coated screening walls should be avoided.
3.
The Planning and Zoning Commission may restrict
or require restrictive covenants prohibiting certain uses normally
permitted in any of the above districts and then hours of operation
if those uses will have an adverse impact on other properties located
in or adjacent to the planned development. Considerations for the
limitations of such uses include:
a.
The impact of dust, chemicals, noise, and other
pollutants on surrounding properties.
b.
The impact of the hours of operation of a use and
the enjoyment of surrounding property.
c.
The impact of traffic, freight pickup or deliveries,
and lighting on surrounding uses.
d.
Outdoor storage and the storage or manufacturing
of hazardous materials.
4.
Residential uses may share the same multistory structure
with a commercial use, provided that residential dwelling units are
limited to the secondary floors of the structure, and that the Board
of Aldermen determines that any such arrangement will not adversely
affect the health, safety, and welfare of the residents of any such
units.
F.
"PDD" Requirements.
1.
The "PDD" development plan may establish density,
height, setback, lot size, wetlands and floodplain buffer areas, parking
lot design standards, architectural, signage and landscaping standards
that differ from those in the underlying zone or in this Chapter,
provided that the standards further the objectives of the "PDD" regulations,
the Comprehensive Plan, and the specific "PDD" development plan.
2.
All requirements of the underlying zone and those
set forth in this Code otherwise applicable to the area of land proposed
for a "PDD" shall govern, except to the extent that the approved "PDD"
development plan provides exceptions as allowed herein.
G.
Development Standards.
1.
Minimum Site Size. There shall be no minimum number
of units or acres which may constitute a "PDD." A "PDD" may be established
on any sized parcel, provided that it has an adequate building site
and can meet the objectives of this Article.
2.
Compatibility With Neighborhood. The City shall
evaluate the relationship of the "PDD" to its surroundings in order
to consider adverse effects concerning traffic circulation, building
height or bulk, visual impact or intrusion into privacy of neighboring
properties. The evaluation criteria, will include, but not be limited
to, the following:
a.
Size and location of site.
b.
Street capacities in the area, and ingress and egress
to adjoining streets.
c.
Location and amount of off-street parking.
d.
Internal traffic circulation.
e.
Fencing, screening and landscaping.
f.
Building bulk and location on site.
g.
Usable open space.
h.
Signs and lighting.
i.
Environmental impacts.
j.
Impacts to facilities and utility systems.
k.
Hours and size of operation.
3.
Side Setback. A periphery yard adjacent to the exterior
boundaries of the "PDD" shall be at least as deep as those required
by the yard regulations of the underlying zoning district unless the
Planning and Zoning Commission and the Board find that equal protection
will be accorded to adjacent parcels through specific features of
the approved plan.
4.
Open Space. Open space shall be adequate in terms
of location, area and type for the recreational and leisure use of
the visitors and the population occupying the "PDD" and shall be designed
to enhance the present and future value of the development. "PDD"s
that overlay a residential district may cluster the required percentage
of open lot area or required open space in common public or private
open space.
a.
The development plan shall include provisions for
the ownership and maintenance of common open space as is necessary
to ensure its continued care and conservation. The development plan
shall also provide for remedial measures that will be available to
the City should the common open space deteriorate or not be maintained
in a manner consistent with the interests of the residents of the
Planned Development District or the residents of Kimberling City.
b.
Open Space. Open space in a "PDD" means the land
area to be used for scenic or open recreational purposes within the
development.
c.
Open space does not include street rights-of-way,
driveways, parking areas, required setbacks or public service easements
unless these areas have some special recreational design or purpose.
d.
To the maximum extent possible, the "PDD" plan and
program shall ensure that natural features of the land are preserved
and landscaping is provided.
e.
In order to ensure that open space will be permanent,
dedication of development rights to the City for open space use may
be required.
5.
Residential Density. Density allowed within a "PDD"
shall generally be consistent with the underlying zone, but may be
increased by the City based on a finding that the project implements
the goals of the Comprehensive Plan and does not create undue hardships,
safety issues or nuisances within the community. In the event a property
is being voluntarily annexed as a planned development and has no underlying
zoning, the same rules will apply as if the property were zoned for
the most similar zone to the proposed use, such as "R-3" Multi-Family
zoning if the proposed plan were condominiums or apartments, or "R-1B"
Single-Family if the proposed development were predominantly single-family
detached dwellings. The density of dwelling units in a Planned Development
District shall also conform with the lot and general regulations of
Section 400.450 of the City of Kimberling City Zoning Regulations
unless the Planning and Zoning Commission approves a development plan
that includes design and infrastructure elements to accommodate greater
densities in localized areas of the development using these guidelines:
a.
Any reduction in minimum lot size shall be compensated
by equivalent common open space in the balance of the development.
b.
The Planning and Zoning Commission shall, in its
determination, also consider that the physical characteristics of
the site may make increased densities appropriate in a particular
location.
c.
The total ground area occupied by buildings and
structures shall not exceed thirty-five percent (35%) of the total
ground area of the planned development. If previous development in
the neighborhood exceeds coverage of thirty-five percent (35%), the
coverage area of the Planned Development District may be increased
to correspond with that of the neighborhood as a whole.
6.
Street Circulation System. The "PDD" shall provide
an adequate internal street circulation system designed for the type
of traffic generated, safety, convenience and access. Private internal
streets or circulation may be permitted, provided that adequate access
for police, fire and emergency vehicles is maintained; streets are
named in a logical fashion to avoid confusion; and provisions for
using and maintaining such streets are imposed upon the private users
and approved by the City. Bicycle pathways and bicycle storage shall
be provided in accordance with this Chapter.
