A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. An "accessory use," includes, but is not limited to, the following:

Any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure which is situated on real property and designed for occupancy by one (1) or more individuals, which is made available to the purchasers of a time-share plan.

The Person(s) designated by the City Administrator to administer and enforce the provisions of this Chapter.

A passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.

A room or suite of rooms used for a primary dwelling, including bath and culinary accommodations, located in a building in which there are three (3) or more such rooms or suites.

See "dwelling, multiple."

Any person, firm, or corporation, or employee thereof, approved or hired by the Commission (PSC) to perform inspection services.

A story having one-half (1/2) or more of its height above grade and used for storage, garages for use of occupants of the building, janitor or watchman quarters, or other utilities common for the rest of the building. A basement used for the above purpose shall not be counted as a story. If three-fourths (3/4) or more of this area is finished for residential use it shall be counted as a story. See "cellar" below.

The Board of Aldermen of Kimberling City, Missouri, unless expressly stated otherwise.

A Board created by Section 400.315 of this Code.

A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons.

See "Structure."

The horizontal area measured within the exterior walls of the ground floor of all principal and accessory buildings on a lot divided by the gross area of the lot.

The vertical distance from the grade to the highest point of the coping of the flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

A carport is a covered structure used to offer limited protection to vehicles, primarily cars, from the elements. The structure can either be free-standing or attached to a wall. Unlike a garage, a carport does not have four (4) complete walls extending from the ground to the roof.

A story having more than one-half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement unless three-fourths (3/4) or more of the area is finished for residential purposes, whereupon it shall be counted as a story. See "basement" above.

The Sketch Plan or City Plan or Comprehensive Plan of the City of Kimberling City, whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the Office of the County Recorder of Stone County. It may consist of several maps, data, and other descriptive matter, for the physical development of the City or any portion thereto, including any amendment, extension, or additions thereof adopted by the Board of Aldermen indicating the general locations for major streets, parks, schools, or other public open spaces, public building sites, routes for public utilities, zoning districts, or other similar information.

An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

The standards relating to manufactured homes as adopted by the Commission (PSC). The Commission, in its discretion, may incorporate in whole or in part the standard codes promulgated by the National Standards Institute, the United States Department of Housing and Urban Development, or other recognized agencies or organizations.

The Planning and Zoning Commission of Kimberling City, Missouri, unless expressly stated otherwise.

A legal arrangement in which a dwelling unit in an apartment or other shared building is individually owned but to which the common areas are owned, controlled, and maintained through an organization controlled by their individual owners. A condominium with three (3) or more residential units shall be treated as a multi-family structure.

A short street having one (1) end open to traffic and which is terminated at the other end by a vehicular turn-around.

Damage to an extent of sixty percent (60%) or more of the replacement cost at the time of destruction.

Any person, firm or corporation engaged in the dividing, or subdividing of land into lots or parcels for the purpose of conveyance within the scope and application of these regulations.

A section or sections of the City of Kimberling City for which the Regulations, governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Any building or portion thereof which is designed for or used exclusively for residential purposes.

A building designed for or occupied exclusively by more than two (2) families as a primary dwelling.

A building designed for and occupied by one (1) family.

A building designed for or occupied exclusively by two (2) families.

A grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies, or private individuals.

To permanently occupy space within the physical boundaries of public or privately-owned land without ownership of such land.

Any opportunity or procedure for the assignment or exchange of time-share periods among purchases in the same or other time-share plans.

Any structure, service, improvement, campground, recreational vehicle park, or real property, improved or unimproved, which is made available to the purchasers of a time-share plan.

One (1) or more persons residing together as a single housekeeping unit of a permanent and domestic character, and not as a temporary expedient rendered necessary or desirable by reason of temporary conditions.

Any condition that can be attributed to the damage or occurrence of a flood or accidental inundation of water.

100-year flood hazard areas as determined by the National Flood Insurance Agency.

That part of a lot or premises immediately adjacent to a public right-of-way without regard to access to, or elevation of, any public improvements.

An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two-ton capacity. It may be an integral part of the main building. Unlike a carport, a garage has four (4) complete walls.

A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired, or sold.

The manufactured home.

That part of an individual lot that has been reserved for placement of one (1) single-wide or one (1) double-wide manufactured home unit.

A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boarding house, a lodging house, or an apartment which are herein separately defined.

Any non-porous area covered by a substance that does not, by its physical qualities, permit inundation by water, including but not limited to asphalt, slate, brick, aluminum, and concrete.

A building occupied by a non-profit corporation or a non-profit establishment for public use.

A building, facility, cage, or other structure intended to house and contain dogs or cats. The collection of such structures on a single lot or lot combination when containing more than three (3) dogs and/or cats over the age of four (4) months.

A business that provides home-type washing, drying, or ironing machines for hire to be used by customers on the premises.

A written license issued by the Kimberling City Clerk.

A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

A building other than a hotel where lodging only is provided for three (3) or more but not more than twenty (20) persons.

A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with any accessory buildings, open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street or upon an officially approved place.

A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of Stone County, or a parcel of land, the deed of which was recorded in the office of the County Recorder of Deeds prior to March 4, 1974. The terms "lot," "parcel," "plot," or "tract" shall be considered synonymous for the purpose of this Title.

A lot abutting upon two (2) or more streets at their intersection, or upon one (1) street that curves around two (2) or more sides of the lot.

A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.

A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

A contiguous parcel of land that has been developed for two (2) or more manufactured homes and is owned by an individual, a firm, a trust, partnership, public or private association, or corporation.

A parcel of land for the placement of one (1) manufactured home unit, its accessory buildings or structures, and accessory equipment for the exclusive use of the occupants.

A designation that is retained to identify manufactured homes built before the enactment of the H.U.D. Code in 1974, and which are prohibited in any of the City's zoning districts.

A dwelling unit that has the following characteristics: (includes panelized or pre-cut homes)

A dwelling unit made of one (1) or (usually) more modules built in a factory and erected on a foundation. A modular is often a two-story townhouse or a garden apartment. It meets building codes and is considered real property.

A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include but is not limited to failure to conform to use, height, area, coverage, or off-street parking requirements.

A structure or land lawfully used that does not conform to the regulations of the district in which it is located.

Waterborne substances that can have adverse impacts on fish, wildlife, habitats, and water quality and that enter the groundwater via a diffuse number of points, possibly from the same source, as opposed to one (1) particular point of entrance.

A home for the aged, chronically ill, or incurable persons in which three (3) or more persons not of the immediate family are received, kept, and provided with food, or shelter and care, for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites, and other lands.

An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

An open prepared surface used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but on which no vehicle may be equipped, repaired, rented, or sold.

A prepared surface, that of which may be enclosed or unenclosed along with the main building or with an accessory building, having an area of not less than two hundred (200) square feet per automobile exclusive of driveways, regularly used for the temporary storage of one (1) or more automobiles and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

A written permit issued by the Kimberling City Administrative Officer or other authorized person, permitting the construction, alteration, and extension of a manufactured home under the provisions of this Chapter.

Any individual, firm, trust, partnership, public or private association, or corporation.

Any structure or piece of structure that prevents visual or physical contact.

A structure that encroaches on a body of water specifically for the purpose of providing the general public with access for recreational fishing.

An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

A Planned Development District ("PDD") is a unique zoning classification that allows an integration of multiple land uses in a specified area. The purpose of the "PDD" classification is to encourage more creative and imaginative land use designs that are generally possible under conventional zoning regulations.

The Kimberling City Planning and Zoning Commission, a board created by Chapter 420 of this Code.

A surface consisting of asphalt, concrete, or crushed stone not graded or compacted dirt.

A main building on a lot or subdivision thereof in which the primary use of the lot on which the building is located is conducted.

A building facility, regularly open to the general public, which may contain private, public, utility, and governmental offices; and other facilities such as public libraries and public meeting halls.

A system serving two (2) or more dwelling units and approved by the Missouri Department of Health and the Missouri Water Pollution Board.

A system serving two (2) or more dwelling units and approved by the Missouri Department of Health.

A recreational vehicle that is primarily designed to provide temporary living quarters for recreation, camping, or seasonal use. Built on a single chassis mounted on wheels which has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by the manufacturer as complying with ANSI A 119.5.

Any motor vehicle or trailer designed or intended for dwelling purposes; travel trailer; camper; motor home; tent trailer; boat; boat trailer; house or vacation trailer; camping trailer; farm, construction or commercial machinery, equipment, or trailer.

A stated return or payment for the temporary possession or use of a house, land, apartment, or condo, made usually at fixed intervals, by the tenant or user to the owner for not less than thirty (30) days.

That portion of any street designed for vehicular traffic and, where curbs are paved, that portion of the street between the curbs.

See "lodging house."

A device, label, or insignia issued by the Missouri Public Service Commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home to evidence compliance with the Code.

A permanent building such as a management office, laundry, nursery, etc., and shall be used exclusively by occupants of the district.

Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair or spray painting.

The minimum or maximum distance that a structure may be located from the property line.

The operations performed at the occupancy site which renders a manufactured home fit for habitation, which operations include, but are not limited to, moving, blocking, leveling, supporting individual, and assembling multiple or expandable units.

The connection consisting of all pipes, fittings, and appurtenances from the drain outlet of the manufactured home to the inlet of the corresponding sewer riser pipes of the sewage system serving the manufactured home community.

That portion of the sewer lateral that extends vertically to the ground elevation and terminates at each manufactured home lot.

Amy metal or primarily metal container designed or constructed to ship, store, or handle bulk goods or items, or which appears substantially similar to such containers in appearance such containers include reusable steel boxes, freight containers, and bulk shipping containers; originally, a standardized reusable vessel that was designed for an used in the parking, shipping, movement, transportation or storage of freight, articles of goods or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded on a ship.

The point at which land and water meet as determined by the mean high-water mark of a body of water.

A dwelling unit that has the following characteristics:

All organized local entities (other than Counties, municipalities, townships, or school districts) authorized by State law to provide only one (1) or a limited number of designated functions, and with sufficient administrative and fiscal autonomy to qualify as separate governments; known by a variety of titles, including districts, authorities, boards, and commissions.

The intentional containment, chemical treatment, or alteration of flow of water that results from precipitation specifically for the purpose of preventing flooding, erosion, or non-point pollution.

That portion of a building, other than a basement or cellar not meeting those standards as identified in the definitions of this Section, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes other than for a janitor or caretaker or his/her family or by a family occupying the floor immediately below it, shall be deemed a full story.

A dividing line between a lot, tract, or parcel of land and a contiguous street.

The full width between the property lines bounding every way whatever nature when any part thereof is open to use by the public as a matter of right, for the purpose of vehicular traffic and whether designated as a street, highway, freeway, expressway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, circle, court or however otherwise designated.

Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by existing ordinances.

Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.

The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing, or to the land or territory subdivided.

The investment of more than fifty percent (50%) of a structure's assessed value in repairs or improvements other than physical expansion.

A portable or movable, weather-resistant receptacle designed and used for the storage and shipment of household goods, wares, valuables, or merchandise (typically known as PODS^®, MODS etc.), and which is leased on a short-term basis for temporary storage purposes.

The official plan of highways, primary and secondary thoroughfares, parkways, and other major streets, including collector streets, adopted by the Planning and Zoning Commission, approved by the Board of Aldermen, and duly recorded in the Office of the County Recorder of Stone County. This may be incorporated as a part of the City Plan.

A major street so designated in the official Thoroughfare Plan.

A device designed for the purpose of anchoring a manufactured home to ground anchors.

That period of time when a purchaser of a time-share plan is entitled to the possession and use of the accommodations or facilities, or both, of a time-share plan.

Any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement or any other means, whereby a purchaser, in exchange for a consideration, receives ownership rights in or a right-to-use accommodations or facilities, or both.

One (1) or more time-share plan units subject to the same time-share instrument, to such units; provided that for the purposes of Chapter 137, RSMo., such property shall be defined as a cooperative housing association and valued without regard to time-share periods.

An accommodation or facility of a time-share plan which is divided into time-share periods.

An area where one (1) or more tents or auto trailers can be or are intended to be parked, designed, or intended to be used as temporary living facilities of one (1) or more families and intended primarily for automobile transients.

A vehicle, other than a motor vehicle, designed or intended for use for dwelling purposes, whether or not such vehicle is attached to or resting on the ground or something having a location on the ground. See "recreational vehicle" hereof.

The connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the manufactured home.

That portion of the water supply system serving the manufactured home that extends vertically to the ground elevation and terminates at the manufactured home lot.

Activities that require a location in, on, over, or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, tour boat and charter boat facilities, unloading and aggregate transshipping facilities, waterborne commerce, ferries, marine educational or laboratory facilities, and water-related public and quasi-public utilities.

Activities that do not require a location on or adjacent to the water to function, but whose location on the waterfront could add to the public enjoyment and use of the water's edge, if properly designed and sited. Water-enhanced uses are generally of a recreational, cultural, commercial, or retail nature.

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

That portion of a lot that extends across the designated front elevation of the main building, and which extends from the closest projection of the front elevation to the street or road right-of-way. Minimal projections, such as roof overhangs, balconies, uncovered steps, or ramps, which do not alter the in-line elevations with other dwellings are excluded. Front yard dimensions shall be in compliance with Section 400.518 of this Chapter.

That portion of a lot that extends across the designated rear elevation of the main building, and which extends from the closest projection of the rear elevation to the rear lot line for an alley. Minimal projections, such as roof overhangs, balconies, uncovered steps, or ramps, which do not alter the in-line elevations with other dwellings are excluded. Rear yard dimensions shall be in compliance with Section 400.518 of this Chapter.

That portion of a lot that extends from the required front yard to the required rear yard and extends from the closest projection of each side elevation to the lot line or street or road right-of-way. Minimal projections, such as roof overhangs, balconies, uncovered steps, or ramps are excluded. Side yard dimensions shall be in compliance with Section 400.518 of this Chapter, except on corner lots, the side yard paralleling and intersecting street shall be a minimum of twenty-five (25) feet from the closest projection of the side elevation. On non-conforming lots, the twenty-five-foot setback requirement for corner lots may be waived at the discretion of the Planning and Zoning Commission.

The official, most recently adopted Revised Zoning Map of Kimberling City, Missouri, located in the office of the City Clerk.