[R.O. 1992 § 400.010; CC 1984 § 42.010; Ord. No. 164-93 § 1, 2-2-1993; Ord. No. 1464-93 § 1, 2-2-1993; Ord. No. 1474-93 § 1, 3-16-1993; Ord. No. 1738-99 § 1, 4-6-1999; Ord. No. 1744-99 § 1, 5-4-1999; Ord. No. 1830-01 § 1, 6-19-2001; Ord. No. 1860-01 § 1, 12-4-2001; Ord. No. 1891-02 § 1, 5-21-2002; Ord. No. 1949-03 § 1, 5-20-2003; Ord. No. 2051-05 § 1, 1-4-2005; Ord. No. 2147-06 § 1, 9-5-2006; Ord. No. 2211-07 § 1, 11-6-2007; Ord. No. 2270-08 § 1, 8-19-2008; Ord. No. 2377-10 § 1, 8-17-2010; Ord. No. 2398-11 § 1, 3-15-2011; Ord. No. 2625-17, 1-17-2017; Ord. No. 2690, 2-20-2018; Ord. No. 2743-19, 5-21-2019; Ord. No. 2805-20, 5-19-2020; Ord. No. 2938-23, 2-21-2023; Ord. No. 2982-24, 2-20-2024; Ord. No. 2998-24, 9-3-2024; Ord. No. 3050-25, 6-17-2025]
For the purpose of this Chapter, the following words and terms as used herein are defined to mean the following: Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is always mandatory; the term "used for" includes the meaning "designed for" or "intended for."
ACCESSORY BUILDING OR USEA subordinate building no greater than two hundred (200) square feet, having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property.
ADULT BUSINESSThe definition of adult business as referred to in City Code Chapter
400: Zoning, shall have the same meaning as the definition of adult business in City Code Chapter
613: Adult Business and Adult Entertainment Business.
ADULT ENTERTAINMENTThe definition of adult entertainment as referred to in City Code Chapter
400: Zoning, shall have the same meaning as the definition of adult entertainment in City Code Chapter
613: Adult Business and Adult Entertainment Business.
ADULT ENTERTAINMENT BUSINESSThe definition of adult entertainment business as referred to in City Code Chapter
400: Zoning, shall have the same meaning as the definition of adult entertainment business in City Code Chapter
613: Adult Business and Adult Entertainment Business.
ALLEYA minor way affording secondary access to properties which otherwise abut on a street.
ANTENNAAny structure or device used in sending and receiving electromagnetic waves or similar forms of wireless communications.
ANTENNA HEIGHTThe vertical distance measured from the base of the antenna mount at grade to the highest point of the antenna.
APARTMENTA room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.
APARTMENT HOUSEA building arranged, intended or designed for more than two (2) family units.
BASEMENTThat portion of a building that is partly or completely below grade plane. A basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:
1. More than six (6) feet above grade plane;
2. More than six (6) feet above the finished ground level for more than fifty percent (50%) of the building perimeter; or
3. More than twelve (12) feet above the finished ground level at any point.
BATHHOUSEThe definition of bathhouse as referred to in City Code Chapter
400: Zoning, shall have the same meaning as the definition of bathhouse in City Code Chapter
613: Adult Business and Adult Entertainment Business.
BUILDINGAny structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
BUILDING, HEIGHT OFThe vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
CAMPGROUNDAn area or premises in which space is provided for transient occupancy of one (1) month or less or use of visitors occupying recreational vehicles, camping trailers or tents.
CHILD DAY CARE CENTERA child day care center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day. With reference to zoning in regard and to marijuana facilities, it shall mean a child-care facility as defined Section 210.201, RSMo., or successor provisions that is licensed by the State of Missouri.
CHURCH or PLACE OF WORSHIPAt a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship. Unless the organization is reasonably available to the public in its conduct of worship, its educational instruction, and its promulgation of doctrine, it cannot fulfill the associational role that Courts have increasingly adopted as a threshold for determining when an organization qualifies as a church. The definition of the word church includes synagogues and mosques. With reference to zoning in regard to marijuana comprehensive facilities, it shall mean a permanent building primarily and regularly used as a place of religious worship.
CLUB, PRIVATEA building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.
COLLOCATIONLocating more than one (1) antenna or set of antennae on the same antenna mount.
COMMISSIONThe Planning and Zoning Commission of the City of Camdenton.
COMMUNICATION TOWERA land- or water-based tower including television, AM/FM radio, two-way radio, microwave and similar transmission structures used for wireless communications.
CONDOMINIUMSA legal arrangement in which a dwelling unit in an apartment or other shared building is individually owned but to which the common areas are owned, controlled and maintained through an organization controlled by their individual owners.
COURTAn open, unoccupied space, other than yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.
CURB LEVELThe mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.
DOCKA privately-owned non-commercial building unit that floats on water and is moored in a permanent location and is constructed or occupied for the use of the residents of the associated single-family dwelling. (Per National Electric Code 2005, Article 553.)
DRIVE-IN ESTABLISHMENTSAny restaurant, financial institution or product vending enterprise where the patron does not enter and remain within a building during the transaction of this business.
DWELLINGA building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, group homes, apartment houses and townhouses, but not hotels. The classification "single-family dwelling" shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home and shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
DWELLING UNITAny building or portion thereof having one (1) or more habitable rooms which are designed and arranged to be occupied by one (1) family with facilities for living, sleeping, cooking, eating and sanitation.
DWELLING, MULTIPLE-FAMILYA residential building designed for and occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units, commonly referred to, but not limited to, an apartment building.
DWELLING, SINGLE-FAMILYA detached residential dwelling unit designed for and occupied by one (1) family. Townhouses as single-family dwellings may be attached.
DWELLING, TWO-FAMILYA detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families and situated upon one (1) platted lot, commonly referred to, but not being limited to, a duplex but not a townhouse.
FAAAbbreviation for the Federal Aviation Administration.
FAMILYOne (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, and a non-profit cost-sharing basis.
FCCAbbreviation for the Federal Communications Commission.
GAMBLING DEVICEAny video game, electronic game, device displaying video images or any other type of machine which requires payment or any form of consideration to play or operate the game or device, and which offers a potential monetary prize to any person. This shall apply regardless of the frequency or odds of any individual user realizing a monetary prize. This shall not include any device operated, licensed or authorized by the State lottery under Chapter 313, RSMo.
GARAGEA separate structure or subordinate building not intended for human habitation, having doors capable of opening for entrance and exit of automobiles and being greater than two hundred (200) square feet.
GUYED TOWERA communication tower that is supported in whole or in part by guy wires and ground anchors.
HAUNTED HOUSE, INDOORAny indoor permanent or temporary building, structure or facility, or portion thereof, which provides walkways or any other system that transports passengers through a facility or course so arranged that the means of egress are not readily apparent due to theatrical distractions or displays, are not plainly visible due to low illumination, or are not readily accessible or available due to the type of course, pathways or method of transportation through the building or structure, and where the public is invited to view, be entertained, scared or amused by simulated creations of sound, theatrical displays or distractions, or sight and feeling of a ghoulish, ghostly, spectral, imaginary and haunting nature in the spirit of and celebration of the holiday known as Halloween.
HAUNTED WALK/FIELD, OUTDOORAn attraction similar to haunted houses, indoor, which occurs primarily outdoors but may include both outdoor or indoor areas where egress to a public way is not readily identifiable, where the public is invited to view, be entertained, scared or amused by simulated creations of sound, theatrical distractions, sight and feeling of a ghoulish, ghostly, spectral, imaginary and haunting nature in the spirit of and celebration of the holiday known as Halloween.
HEADSHOPA retail outlet that specializes in selling or advertising for sale paraphernalia for the consumption of tobacco and cannabis.
HIGHWAYU.S. Highway 54, State Highway 5 or Business Route 5.
HOME-BASED BUSINESSAny business operated in a residential dwelling that manufactures, provides, or sells, goods and services, that is owned and operated by the owner or tenant of the residential dwelling.
HOOKAH or SHISHAA water pipe in which flavored tobacco is burnt using charcoal. The smoke is passed through an ornate water vessel and inhaled through a hose.
HOOKAH PARLOR OR LOUNGEAn establishment where patrons may purchase or consume hookah or shisha alone or communally.
LOTA parcel of land occupied or to be occupied by one (1) main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter and having frontage upon a public street. A lot as used herein may consist of one (1) or more platted lots, or tract or tracts as conveyed, or parts thereof.
LOT DEPTHThe mean horizontal distance from the front street line to the rear line.
LOT LINE, FRONTThe boundary between a lot and the street on which it fronts. Corner lots shall meet the following requirements:
1. A corner lot which has one (1) of its lot lines along Highway 5, Highway 54 or Business Route 5 shall be deemed to have its front line along said highway.
2. The front lot line of other corner lots shall be determined by the Building Official according to the placement of existing or proposed buildings upon such corner lots.
3. Corner lot front setbacks may be reduced for the appropriate residential zoning district per Table 400.160, Footnotes 9 and 10 or Table 400.120, Footnote 2.
LOT LINE, REARThe boundary line which is opposite and most distant from the front street line, except that in the case of uncertainty the Zoning Inspector shall determine the rear line.
LOT LINE, SIDEAny lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line boarding on an alley or place or a side street line.
LOT LINESThe lines bounding a lot as defined herein.
LOT WIDTHThe horizontal distance between side lines measured at the front building line.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT, THROUGHAn interior lot having frontage on two (2) streets.
MANUFACTURED HOMEA transportable structure which is factory fabricated in one (1) or more sections, which in traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development (HUD) and complies with the standards established under Title 42 of the United States Code.
MARIJUANA or MARIHUANACannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seeds thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp.
MARIJUANA (Additional Definitions)The following definitions shall have the definitions as set forth in the Missouri Constitution, which definitions (listed below) are incorporated herein by reference:
COMPREHENSIVE FACILITY; |
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY; |
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY; |
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY; |
MARIJUANA MICROBUSINESS FACILITY; |
MICROBUSINESS DISPENSARY FACILITY; |
MICROBUSINESS WHOLESALE FACILITY; |
MARIJUANA TESTING FACILITY; |
MARIJUANA-INFUSED PRODUCTS. |
MARIJUANA, MEDICAL: PRIMARY CAREGIVERAn individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a Qualifying Patient and who is designated as such on the primary caregiver's application for an identification card.
MARINAS AND BOATYARDSA building unit that floats on water and is moored in a permanent location and is comprised of fixed or floating piers, wharves, docks and other areas in marinas, boatyards, boat basins, boathouses, yacht clubs, boat condominiums, docking facilities associated with residential condominiums, any multiple docking facility or similar occupancies and facilities that are used or intended for use for the purpose of repair, berthing, launching, storage or fueling of small craft and the moorage of floating buildings. (Per National Electric Code 2005, Article 555.)
MASSAGE SHOPAn establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances the person to whom the treatment is being provided or a third (3rd) person will pay money or give any other consideration or gratuity, provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
MAZES and ESCAPE ROOMSAny attraction which occurs indoors or outdoors where the egress is not readily identifiable where the public is invited.
MOBILE HOMEA residential building or structure constructed and/or assembled in a factory, which is not certified pursuant to the HUD Code or the Building Code adopted by the City and shall not be allowed within the City of Camdenton.
MODELING STUDIOAn establishment or business which provides for a fee or compensation for the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.
MODULAR HOME or MODULAR DWELLINGA factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. This shall include major assemblies which are factory fabricated and shall not include prefabricated panels, trusses and other prefabricated sub-elements that are to be incorporated into a structure at the building site. These are factory-built structures which are certified by the manufacturer to be built to the State and local Building Codes where the home will be located.
MONETARY PRIZEAny prize in the form of cash, check, bank transfer, negotiable instrument, store credit, gift card or any ticket or other item that is redeemable for cash, check, bank transfer, negotiable instrument, store credit or gift card.
MONOPOLEA self-supporting communication tower or sign constructed with a single pole.
MOTELA building or buildings containing in the aggregate, on one (1) undivided tract or parcel of land, a group of individual private units, each provided with separate sleeping room or rooms, having both lavatory and toilet facilities, designed and to be used primarily for transient guests traveling by automobile.
NON-CONFORMING USEAny building or land lawfully occupied by a use at the time of passage of this Chapter, or any amendment to this Chapter, which does not conform with the use regulations of the district within which it is located.
OCCUPANCY, CHANGE OFA change in the purpose or level of activity within a structure that involves a change in application of the requirements of this Code.
PARKING SPACEA surfaced area not less than nine (9) feet wide and twenty (20) feet long, either within a structure or in the open. The parking space must be served with a driveway which provides access to a street or alley.
PORTABLE TEMPORARY STORAGE CONTAINERAny container, enclosed non-licensed trailer, enclosed non-licensed vehicle or portion of a vehicle used for the storage of items of personal property.
PREFABRICATED HOMEA prefabricated building having over one thousand (1,000) square feet of floor area, manufactured in whole or in part off the site and transported to a site. It is not designed to be transported after fabrication on its own wheels. The home is designed to be placed on a permanent foundation.
PROPERTY LINEThe division line between two (2) units of land. See "LOT LINES."
RESTAURANTA building wherein food is prepared and served to the public.
ROOMING HOUSEA dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.
RV PARKAny land in or upon which any travel trailer, camper, tent or recreational vehicle is used or intended to be used for human occupation by the traveling public. Mobile homes, prefabricated homeS, manufactured homes and double-wide trailers are excluded from this definition.
SECONDARY BUILDINGA subordinate building, greater than two hundred (200) square feet in area, having a use customarily incident to and located on the lot occupied by the main building. A detached garage, shop or storage building.
SETBACKThe distance from the lot line/property line, as established per zoning district and the currently adopted building codes. Buildings, including roof eaves, soffits, projections, attached decks, porches and secondary buildings, must be built within the setback's dimensions.
SHIPPING CONTAINERA portable storage container designed and manufactured according to specifications form the International Standard Organization (ISO) as a standard, reusable vessel intended to be loaded on a truck, rail car or ship, used primarily for shipping goods.
SHIPPING CONTAINER HOMEA dwelling construction of shipping containers with a minimum of one thousand (1,000) square feet of living space. Shipping container homes must meet standards as outlined in Section
400.125.
SHOUSEA structure that contains a dwelling unit within or attached to an oversized garage, storage space or personal workshop all under a common or connecting roofing system. For purposes of a Shouse, these structures when on a farm, agricultural operation, or acreage shall not be classified as a farm building. In addition, the residence portion of the facility shall meet the requirements of Section
400.125 of this Code.
SIGNAny words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.
SPECIFIED SEXUAL ACTIVITIES1. Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or if such person be a female, her breast;
2. Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
3. Sadomasochistic abuse, being flagellation or torture by or upon a person or condition of being fettered, bound or otherwise physically restrained.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between floor and the ceiling next above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story; provided, however, that any partial story used for residence purposes shall be deemed a full story.
STREETA public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, way, trafficway, thoroughfare or any other similar term.
STREET LINEThe dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected which requires location on the ground or attached to something having a location on the ground, including, but not limited to, signs and excepting customary utility poles, retaining walls and boundary fences.
TATTOO/BODY-PIERCING STUDIOAny place where persons are tattooed or body-pierced for consideration other than a licensed medical practitioner or where tattooing or body-piercing is regularly conducted whether or not it is in exchange for compensation.
TOBACCO SHOP OR LOUNGEA retail business where a majority of its business is the sale of tobacco, cigarettes, cigars or tobacco related items such as pipes, rolling papers, etc., and may or may not provide a smoking area.
TOTAL FLOOR AREAThe square foot area of a building, including accessory buildings, measured from outside wall surfaces and including utility rooms, stairways, recreation rooms, storage rooms, but excluding unroofed balconies and patios.
TOWNHOUSEA row of single-family dwellings usually connected by a common sidewall and constructed in a series or group of attached units with property lines separating such units and constructed as defined in the current adopted Edition of the International Residential Code.
VAPE/VAPING SHOP OR LOUNGEA retail establishment where a majority of its business is the sale of vaping products, juices, e-cigarettes, kits, etc., and may or may not provide an area for consumption of the product.
VARIANCEA variation from a specific requirement in this Chapter, as applied to a specific piece of property, as distinct from rezoning.
YARDAn open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from a ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used.
YARD, FRONTA yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REARA yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDEA yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard.
ZERO-LOT-LINE CONSTRUCTIONThe location of a building on a lot in such a manner that one (1) or more of the building's sides rests directly on a property line.