Kimberling City City Zoning Code
ARTICLE V
District, Use, And Subdivision Regulations
Section 400.511 Intent.
[Ord. No. 509, 8-11-2021]
The use table below lists the uses allowed within each zoning district. Approval of a use listed in the table and compliance with the applicable use-specific standards for that use authorizes that use only.
Section 400.512 Districts Established.
[Ord. No. 509, 8-11-2021]
A.
For the purposes of this Chapter the City of Kimberling City, Missouri, is divided into the following districts:
1.
"A-1" General Agricultural District. Primarily undeveloped land usually found on the periphery of the City. Such lands are usually restricted to agriculture and limited residential use.
2.
"R-1" Single-Family District. Low-density residential district where related recreational, religious, and educational facilities may be provided.
3.
"R-1B" Urban Neighborhood District. Moderately low-density mixed residential district where related recreational, religious, and educational facilities may be provided. This district is intended to promote increased density while maintaining the traditional architectural character of single-family neighborhoods.
4.
"R-2" Two-Family District. Moderately high-density residential district. Such districts should create a smooth transition between "R-1" and "R-3" Districts.
5.
"R-3" Multi-Family District. High-density residential areas served by common facilities and open space.
6.
"R-MHC" Residential-Manufactured Home District. Intended to provide a location for the placement of manufactured homes.
7.
"C-1" Neighborhood Commercial District. Pedestrian-oriented commercial district primarily comprising the City center. This district should offer personal services and retail outlets.
8.
"C-2" General Commercial District. Automobile-oriented commercial district providing a wide variety of business services and retail outlets.
9.
"C-3" Lakefront Overlay District. Intended to promote commercial development capitalizing on properties' lake frontage. This district is oriented for higher-intensity commercial uses for recreation and tourism, as well as high-quality residential development.
10.
"I-1" Light Industrial District. An industrial district intended primarily for light manufacturing, assembling, fabrication or warehousing, wholesale and service uses. This area may require access to street transportation.
11.
Intended to provide for professional, management, research, and other offices.
12.
"P" Park District. Intended to provide for public and recreational use. This includes the existing park and its entire leased area as defined by the Corps of Engineers
13.
"PDD" Planned Development District. Intended to enable greater flexibility, creativity, and innovation in land development and design than is normally possible under traditional zoning regulations. Planned Development Districts must meet specific criteria to ensure the protection of health, safety, and welfare, and be in accordance with the intent and purposes of the Comprehensive Plan.
Section 400.513 Explanation Of Use Table.
[Ord. No. 509, 8-11-2021]
A.
Permitted By-Right Uses. P in a cell indicates that the use is permitted by right in the zoning district.
B.
Conditional Uses. C in a cell indicates that use is allowed in the zoning district only if reviewed and approved as a conditional use in accordance with the procedures of Section 400.420. Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards.
C.
Prohibited Uses. A blank cell indicates that the use is prohibited in the zoning district.
Section 400.514 New And Unlisted Uses.
[Ord. No. 509, 8-11-2021]
A.
If the Administrative Officer determines that a proposed use is not a listed use or there is some ambiguity of its proper classification under the Land Use Matrix, the Administrative Officer will consider the proposed use and its compatibility with the other uses permitted in the various districts and make a determination as to the district or districts within which the use should be located. In making a determination on the proposed use and appropriate district or districts where the use should be located, the Administrative Officer will take into account elements such as:
B.
An applicant may appeal the Administrative Officer's determination to the Zoning Board of Adjustment.
Section 400.515 Land Use Matrix.
[Ord. No. 509, 8-11-2021]
Editor's Note: The Land Use Matrix can be found as Attachment 1 to this Chapter.
Section 400.516 Specific Use Regulations.
[Ord. No. 509, 8-11-2021]
A.
Short-Term Rentals.
1.
No property within any district zoned "R-1" nor "R-1B" shall be leased, rented, or exchanged for any remuneration or compensation as a nightly, weekly, vacation, or lake rental, nor shall it be leased, rented, or exchanged for any remuneration or compensation when the term of occupancy will be less than thirty (30) days or within thirty (30) days of the first day of occupancy of the previous agreement. Any property located in an "R-1" District that has been consistently leased, rented, or exchanged as a nightly, weekly, vacation, or lake rental prior to January 1, 2017, shall be allowed to continue to do so; however, in the event such property is sold, any subsequent purchasers of the property must abide by this Section.
2.
"R-2" property shall not be leased, rented, or exchanged for any other remuneration or compensation as a vacation location nor shall it be leased, rented, or exchanged for any other remuneration or compensation when the term of occupancy will be less than thirty (30) days or within thirty (30) days of the first day of occupancy of the previous agreement.
3.
"R-3" property shall not be leased, rented, or exchanged for any other remuneration or compensation as a vacation location nor shall it be leased, rented, or exchanged for any other remuneration or compensation when the term of occupancy will be less than thirty (30) days or within thirty (30) days of the first day of occupancy of the previous agreement.
B.
Temporary Uses. The Administrative Officer shall issue permits regulating the erection and use of tents for periods not to exceed ten (10) days for specific purposes such as temporary carnivals, churches, charities, or charitable uses, and revival meetings, such uses not being detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said tents or operations are in conformance with all other ordinances of the City of Kimberling City.
C.
Adult-Oriented Uses. See Chapter 620.
D.
Manufactured Homes.
1.
Purpose. The purpose of this Section is to set forth standards for the placement and architectural appearance of manufactured homes within the City. The intent of this Section is to ensure that manufactured homes are compatible with other dwellings in residential neighborhoods and meet a minimum placement and architectural standard while providing an alternative means of affordable home ownership for the residents of the community.
2.
Occupancy Restrictions. Manufactured homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations. Provided, however, that if a manufactured home or modular unit carries a seal as provided in Sections 700.010 to 700.115, RSMo., such manufactured home or modular unit shall not be required to comply with any other building, plumbing, heating or electrical code other than the code established by Sections 700.010 to 700.115, RSMo.
3.
These regulations apply to manufactured homes, which shall be subject to the same zoning regulations as site-built houses and which shall be constructed in compliance with National Manufactured Housing Construction and Safety Act or any successor Statute.
4.
Siting Requirements. Each manufactured home placed on an individual lot shall:
a.
Be occupied only as a single-family dwelling and be permitted in the same districts as single-family dwellings, unless the manufactured home is intended for a different purpose, in such a case the structure shall be evaluated for its intended purpose. All structures shall meet the footing requirements below.
b.
Be placed in conformance with all zoning and setback requirements established for the district in which located.
c.
Accessory structures shall be placed in conformance with setback, dimensional and Building Code requirements established for the district in which located.
d.
Have a minimum width of not less than twenty-four (24) feet as measured at all points perpendicular to the length of the manufactured home. This standard is intended to restrict units to the type which are brought to the site in parts, typically two (2) halves, and have a minimum combined square footage of one thousand (1,000) square feet. The manufactured home or modular home to be placed on the individual lot must have been manufactured within two (2) years prior to the date of placement of the same.
e.
Roof must be gable or hip roof of at least three (3) in twelve (12) or greater in pitch and covered with material that is residential in appearance, including, but not limited to, approved wood, asphalt composition or fiberglass shingles but excluding corrugated aluminum, corrugated fiberglass, rolled roofing of any type, or metal roofs. Except for permitted deck areas, all roof structures shall provide an eave project.
f.
Have the main entry door facing the street on which the manufactured home is located. A sidewalk shall be installed from the street, driveway or sidewalk adjoining neighboring lots to the front door. The unit must be oriented on the lot so that its front entry is parallel with the street.
g.
Be placed on a parcel according to a pre-submitted and approved plot plan as described on the permit. In addition, an illustration of the finished appearance of the unit shall be provided.
h.
Units shall be attached to a permanent perimeter foundation or footing which meets all local Building Codes, meets all manufacturer's specifications for support, and be placed on the lot as stated in the permit.
i.
A vapor barrier shall be in place in accordance with the Uniform Building Code.
j.
The exterior foundation or footing material shall consist of continuous concrete, block, brick, flagstone, natural rock, poured concrete or masonry suitable for the outer portion of a finished residence.
k.
Have the tongue and running gear including axles permanently removed.
l.
Maintain a minimum of eighteen (18) inches of crawl space under the entire manufactured home. All facades and foundations shall have permanently installed venting in accordance with the manufacturer's requirements. Deletions or omissions of vents is not allowed and homes will not be approved for occupancy without appropriate venting.
n.
Be served by a water supply and sewage disposal system meeting the established City requirements.
o.
Underground public utilities shall be required where available. All utility attachment shall be completed per Building Code.
p.
Property owner shall declare the manufactured home as real property and must so record with the Stone County Assessor.
5.
Inspections. Each manufactured home approved for placement on a parcel shall be subject to the following inspections:
a.
Foundation Inspection. A foundation inspection prior to placement of the manufactured home shall be required to check the foundation's conformity with the City Building Codes, placement of vapor barrier, depth of crawl space, and proposed vent placement.
b.
Foundation anchors and utility connections or landings.
c.
Temporary or permanent steps at all doors prior to occupancy. Permanent steps shall be placed within ninety (90) days of occupancy. "Permanent steps" shall be defined as a means of egress that is anchored or permanently attached to the ground in accordance with the Building Code.
d.
A final inspection shall be conducted prior to permanent occupancy and prior to the expiration of the building permit. Final approval to occupy the dwelling shall not occur until the final inspection is complete. Failure to receive a final inspection is a per se violation of this Section subject to a fine and imprisonment.
e.
The permittee shall give the Building Official notice when the premises are ready for inspection in the same manner as notice is set forth in the Building Code and shall not proceed further until approval has been given by the official pursuant to each inspection.
6.
Non-Conformity. All legal existing occupied mobile and/or manufactured homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform with the requirements of this Section. Any such existing mobile and/or manufactured home shall be removed when unoccupied for a period in excess of six (6) months.
7.
Violations. Violators of this Section shall be subject to the usual penalties for violation of the zoning ordinance specified in Section 400.350.
E.
Storage Of Recreational Vehicles. Any owner, lessee, or bailee of recreational vehicles, as described herein, may park and store such recreational vehicles on a single lot with a residential structure in a residential district or on a commonly owned fractional lot immediately adjacent to such a lot subject the following:
1.
Such recreational vehicle shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area.
2.
If such recreational vehicle is equipped with liquified petroleum gas containers, such containers shall meet the standards of either the Interstate Commerce Commission or the Federal Department of Transportation or the American Society of Mechanical Engineers, as such standards exist on March 4, 1974. Further, the valves of such liquified petroleum gas containers must be closed when the recreation vessel is not being readied for immediate use, and in the event that leakage is detected from such liquified petroleum gas containers immediate corrective action must be taken.
3.
At no time shall such parked or stored recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes, except as provided in Subsection (E)(4) of this Section.
4.
It shall be lawful for only non-paying guests at a residence in a residential district to occupy one (1) recreational vehicle parked or stored subject to the provisions of this Chapter, as a visitor for temporary sleeping purposes only and only for a period of fourteen (14) days in a rolling twelve-month period.
5.
Such recreational vehicle may be parked or stored in the following manner:
a.
Parking is permitted inside any enclosed structure which structure otherwise conforms to the zoning requirements of the particular zone where located.
b.
Parking is permitted in the side yard if a ten-foot setback between the recreational vehicle and the lot line is maintained, or in the rear yards, behind the required front yard setback.
c.
Parking of two (2) recreational vehicles is permitted outside within the required front yard setback on a prepared surface driveway or on a prepared surface pad adjacent to the driveway provided:
(1)
Space is not available in the side yard, behind the required front yard, or where there is not reasonable access to either the side or rear yard. A lot shall be deemed to have reasonable access to the rear yard if terrain permits and an access can be had without substantial damage to existing large trees or major landscaping. A fence shall not necessarily be deemed to prevent reasonable access. A corner lot shall normally be deemed to have reasonable access to the rear yard.
(2)
Inside parking is not possible.
(3)
The recreational vehicle is parked perpendicular to the front property line.
(4)
The recreational vehicle must be at least five (5) feet from the property line and may not obscure the view of traffic.
(5)
The recreational vehicle may not extend over a public sidewalk or public right-of-way.
(6)
Automotive vehicles or trailers of any kind or type, excepting boat trailers, without current license plates or registration shall not be parked or stored on any residential zoned property other than in completely enclosed buildings.
6.
Total recreational vehicles not to exceed two (2) per residential structure on a residential lot or combination of residential lot and commonly owned adjacent lot.
7.
Nothing contained in this Section shall be deemed or construed to allow the use of property situated in a residential zone for any commercial parking or storage purpose, and it shall be unlawful for any person to use property in a residential zone for parking purposes except in connection with, or as an accessory use to, the use of such property for residential purposes or other permitted uses. Nothing in this Section shall be interpreted to repeal any off-street parking regulation imposed elsewhere in this Chapter or in Title III of this Code.
F.
Vehicle Storage. Vehicles and trailers designed for use on farms, construction equipment of any type, vehicles larger than one-and-one-half-ton capacity, and trailers for commercial or business use shall not remain parked on any residential zoned property for more than twelve (12) continuous hours.
G.
Condominiums. Condominiums shall be considered as multi-family structures with respect to regulations under this Chapter. Condominiums shall be developed in conformance with all applicable provisions as outlined in the Missouri Uniform Condominium Act at Sections 448.1-101 through 448.4-120, RSMo.
H.
Medical Marijuana Facilities.
1.
Types Of Marijuana Medical Marijuana Facilities.
a.
A medical marijuana cultivation facility is a facility as defined by Rule 19 CSR 30-95.010. Medical marijuana cultivation facilities are a permitted use in "AG" Zoning Districts, subject to the following:
(1)
Such a facility may not be located within one thousand (1,000) feet from any school, child day care, or church. The terms school, day care, and church will be defined as in 19 CSR 30-95.010.
(2)
No such facility may be located adjacent to or across the street from any residential zoning district unless the applicant first obtains a conditional use permit.
(3)
A conditional use permit process will provide residents notification if they are within five hundred (500) feet of the property and the ability to protest the establishment of the use if within one hundred eighty-five (185) feet of the property.
b.
A medical marijuana testing facility is a facility as defined by Rule 19 CSR 30-95.010. Medical marijuana testing facilities are a permitted use in the "C-1" and "C-2" Zoning Districts, subject to the following:
(1)
Such a facility may not be located within one thousand (1,000) feet from any school, child day care, or church. The terms school, day care, and church will be defined as in 19 CSR 30-95.010.
(2)
No such facility may be located adjacent to or across the street from any residential zoning district unless the applicant first obtains a conditional use permit.
(3)
A conditional use permit process will provide residents notification if they are within five hundred (500) feet of the property and the ability to protest the establishment of the use if within one hundred eighty-five (185) feet of the property.
c.
A medical marijuana-infused manufacturing facility is a facility as defined by Rule 19 CSR 30-95.010. Medical marijuana-infused manufacturing facilities are a permitted use in the "C-2" Zoning District, subject to the following:
(1)
Such a facility may not be located within one thousand (1,000) feet from any school, child day care, or church. The terms school, day care, and church will be defined as in 19 CSR 30-95.010.
(2)
No such facility may be located adjacent to or across the street from any residential zoning district unless the applicant first obtains a conditional use permit.
(3)
A conditional use permit process will provide residents notification if they are within five hundred (500) feet of the property and the ability to protest the establishment of the use if within one hundred eighty-five (185) feet of the property.
d.
A medical marijuana dispensary is a facility as defined by Rule 19 CSR 30-95.010. Medical marijuana-infused manufacturing facilities are a permitted use in the "C-1" Zoning District, subject to the following:
(1)
Such a facility may not be located within three hundred (300) feet from any school, child day care, or church. The terms school, day care, and church will be defined as in 19 CSR 30-95.010.
e.
Manner Of Measuring Separation Distance. Separation measurements between facilities and then-existing elementary or secondary school, child day care center, or church uses shall be made along the shortest path between the demarcation points that can be traveled by foot by public right-of-way. In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the property line of the facility to the closest point of the property line of the school, child day care center, or church. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, child day care center, or church. For purposes of this Section a "child day care center" is a facility licensed by the City or State.
2.
General Facility Requirements. The following general standards shall apply to all medical marijuana facilities:
a.
A business license shall be obtained annually, and the medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
b.
Facilities must develop, implement, and maintain an odor control plan, which shall address odor mitigation practices, including, but not limited to, engineering controls, such as system design and operational processes, which shall be reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources. No use shall emit an odor that creates a nuisance in violation of the City Code.
c.
Site Plan Review Required. A site plan shall be submitted for review and approval by the City of Kimberling City Administrative Officer. The site plan shall include a description of the ventilation system to be used to contain odors within the building. The site plan shall also show distances between the nearest school, childcare center, or church to the medical marijuana facility.
d.
No medical marijuana business shall be located in a building that contains a residence.
e.
Retail medical marijuana businesses shall be closed to the public between the hours of 10:00 P.M. and 6:00 A.M.; no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises during that time.
f.
No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana establishment.
g.
All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
h.
If multiple licenses are issued for one (1) location, then restrictions for the highest intensity use shall apply.
Section 400.517 Fences.
[Ord. No. 509, 8-11-2021]
A.
Residential Districts. Erection of fences within residential districts will be permitted as follows:
1.
Side Yards. A fence of the chain link, wood or wrought iron may be constructed to enclose the side yards of an improved lot if said fence shall have a minimum of thirty percent (30%) open area when viewed at right angles and if said fence is not more than four (4) feet in height.
2.
Front Yards. A fence of decorative rock, wrought iron, wooden rustic (such as split rail) or hedges or shrubs may be constructed in the front yard of an improved lot if said fence is not more than three (3) feet in height and if said fence does not obstruct the view of vehicular traffic from any street adjacent to said lot along side street or to any other street adjacent to said lot.
3.
Rear Yards. Solid wood or vinyl privacy fences, chain link, hedges or shrubs may be constructed around the rear yard of a residence and shall not exceed six (6) feet in height.
B.
Fencing Materials. Accepted materials for wood fences and the location of the structural and/or supporting members, and the location of rear fences.
1.
Wooden fences shall be constructed only from solid wood or from engineered wood products and not by-products such as plywood, particleboard or similar products.
2.
All fencing shall be constructed with the structural and/or supporting members located within or toward the interior of the area being enclosed.
3.
Rear yard fence under this Section may not be set in front of the rear most point of the home on the side of the house in question.
Section 400.518 Dimensional Tables.
[Ord. No. 509, 8-11-2021]
A.
The table below identifies the dimensional table for principal structures within each zoning district. All measurements are in feet, unless otherwise stated. The graphic below provides a visual diagram for clarifying various setbacks based on the context of each property.
[Ord. No. 523, 2-16-2022]
Setbacks | Max. Building Coverage | Min. Lot Size Per Unit (sq. ft.) | Min. Lot Width | Min. Lot Size (sq. ft.) | ||||
|---|---|---|---|---|---|---|---|---|
District | Front | Side | Rear | |||||
"A-1" | General Agriculture | 35 | 20 | 35 | 40% | 1 ac. | 150 | 1 ac. |
"R-1" | Single-Family | 25 | 10 | 25 | 40% | 10,000 | 80 | 10,000 |
"R-1B" | Urban Neighbor-hood | 15 | 5 | 25 | 50% | 6,000 | 60 | 6,000 |
"R-2" | Two-Family | 25 | 10 | 20 | 40% | 6,000 | 100 | 12,000 |
"R-3" | Multi-Family | 25 | 10 | 25 | 40% | 4,000 | 100 | 12,000 |
"C-1" | Neighbor-hood Commercial | See Section 400.525 | 0 | 0 | 100% | N/A | None | None |
"C-2" | General Commercial | 5 | 0 | 5 | 50% | N/A | None | None |
"C-3" | Lakefront Overlay | Determined by underlying zoning district, see Section 400.526 | 75% | N/A | None | None | ||
"I-1" | Light Industrial | 35 | 20 | 35 | 50% | N/A | 100 | 1 ac. |
"O" | Office | 25 | 10 | 25 | 50% | N/A | 80 | 10,000 |
District | Lot Setbacks | Lot Area (sq. ft.) | Lot Width (sq. ft.) | Min. District Area | Max. Density | |||
|---|---|---|---|---|---|---|---|---|
Front | Side | Rear | ||||||
"R-MHC" | Manu-factured Home | 15 | 10 | 15 | 5,000 | 50 | 5 ac. | 6 units/acre |
 |
B.
Minimum Living Space. The table below identifies the minimum living space per unit by residential use. These minimums do not include carport or garages as living space.
Use | Minimum Living Space (square feet) |
|---|---|
Single-Family Dwelling | 1,000 |
Two-Family | 720 |
Multi-Family | 720 |
Section 400.521 General Design Standards.
[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.
Section 400.522 Accessory Structures.
[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.
Section 400.523 "R-MHC" Manufactured Home Community District.
[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:
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.
Section 400.524 "R-1B" Urban Neighborhood District.
[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.
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Section 400.525 "C-1" Neighborhood Commercial District.
[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.
 |
Section 400.526 "C-3" Lakefront Overlay District.
[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.
Section 400.527 "I-1" Light Industrial District.
[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.
Section 400.528 "PDD" Planned Development District.
[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.
Section 400.531 General Design Requirements.
[Ord. No. 509, 8-11-2021]
A.
Comprehensive Plan — Compliance. The subdivision layout shall conform to the Official Thoroughfare Plan or other elements of the Comprehensive Plan. Whenever a tract to be subdivided embraces any part of a highway, thoroughfare or other major collector street so designated on said Plan, such part of such public way shall be platted by the developer in the location and at the width indicated in the Plan.
B.
Lot Dimensions, Shapes And Position. The size, shape, and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with this Chapter.
1.
Minimum lot width shall be measured at the building setback line. In addition, corner lots should have a width fifteen (15) feet greater than the minimum width.
2.
Minimum lot depth shall be measured through the center of the lot and shall be perpendicular to the property line or radial to the property line on curved streets.
3.
The maximum depth of residential lots shall not exceed three (3) times the width thereof.
4.
Minimum lot area shall be subject to the zoning regulations of the district in which the subdivision is located and the minimum design standards of this regulation. The more restrictive of the regulations shall govern.
5.
All side lot lines shall bear between sixty degrees (60°) and ninety degrees (90°) from the street right-of-way line on a straight street or from the tangent of a curved street.
6.
Double frontage lots shall be avoided unless, in the opinion of the Planning Commission, a variation to this rule will give better street alignment and lot arrangement.
7.
Every lot shall abut on a public street other than an alley.
8.
Where possible, residential lots should not face on arterial streets. The number of lots facing on collector streets shall be kept to a minimum in each subdivision. The street pattern shall be designed so that the side lines of lots abut collector streets wherever land shapes and topography permit.
9.
Corner Lots.
a.
Orientation And Access. A corner lot shall require orientation of the front facade of the structure to and vehicular access from the abutted street with a lower classification; the structure shall be oriented to and take access from the same property line.
b.
Setback Determination. The property line from which access is taken and to which the structure is oriented shall be considered the front lot line for the purposes of determining setbacks; frontage to a right-of-way intersecting that right-of-way abutting the front lot line shall be considered side lot lines for the purposes of determining setbacks.
Section 400.532 Improvements Required.
[Ord. No. 509, 8-11-2021]
A.
All improvements required under these regulations shall be constructed in accordance with the specifications and under the supervision of the official having jurisdiction in the manner prescribed.
B.
In order to protect the health, safety and general welfare of the people, the Planning and Zoning Commission will reject any proposed subdivision with structures proposed to be located within floodplains, as identified in Section 440.040, without complying with all applicable provisions of Chapter 440.
C.
Whenever a subdivision is proposed to be located in an area having poor drainage, or other adverse physical characteristics and impairment, the Planning and Zoning Commission may approve the plat provided the developer binds himself legally to make such improvements as, in the judgement of the Planning and Zoning Commission, will render the subdivision substantially safe and otherwise acceptable for the intended use.
D.
In order to insure proper development of the subdivision, completion of improvements, utilities and streets in accordance with the requirements of this Chapter, the developer shall post with the Commission a surety performance bond or letter of credit, running to the City of Kimberling City, written by a professional bonding company or other surety acceptable to the Planning and Zoning Commission, sufficient to cover the cost of such improvements as estimated by the officials having jurisdiction.
E.
All work in connection with the requirements outlined in this Section shall be completed within eighteen (18) months from the date of approval of the subdivision by the Board of Aldermen of the City of Kimberling City. Unless an extension in time is granted by the Board of Aldermen of the City of Kimberling City; otherwise the performance bond or other such security shall be paid to the City which may then arrange to complete the required work from the bond proceeds. No structures within the subdivision may be occupied until the subdivision improvements are substantially completed. In this case, substantial completion shall mean seventy-five percent (75%) of the improvements have been finished.
Section 400.533 Streets.
[Ord. No. 509, 8-11-2021]
A.
Construction. Streets shall be constructed with a subbase, base and surface. Streets shall conform to the following dimensions:
Street Type | Subbase Width (feet) | Surface Width (feet) |
|---|---|---|
Major | 24 | 20 |
Collector | 22 | 18 |
Minor | 20 | 16 |
1.
The construction of the subbase shall be compacted native material with a cross slope of one-half (1/2) inch per foot each way from the center of the street. In areas where the subbase is excavated, a minimum ditch one-foot wide by two (2) feet deep shall be constructed with minimum side slopes of two (2) horizontal to one (1) vertical. The ditch shall have a minimum slope to natural grade of one-half (1/2) inch per foot to natural grade. In area filled the minimum side slope shall be two (2) horizontal to one (1) vertical to natural grade. Size of culvert shall be thirteen (13) inches by seventeen (17) inches oval or fifteen (15) inches steel corrugated round or twelve (12) inches polyethylene (smooth bore) pipe.
2.
The base course shall be a minimum of six (6) inches thick, wetted, compacted Grade A or B crushed rock with a cross slope of one-half (1/2) inch per foot each way from the center of the street. A prime coat of type RC, MC or emulsified asphalt shall be applied at thirty-five-tenths (0.35) gallon per square yard to the dry base course.
3.
The surface course of streets shall be a minimum of two (2) inches, cul-de-sac shall be a minimum of two and one-half (2 1/2) inches compacted thickness of hot mix asphaltic concrete applied to the primed base course.
4.
All materials and construction shall conform to the Missouri Highway Department and the City's road improvement work contract specifications.
B.
Minimum Pavement. Minimum pavement widths required to be installed at subdivider's expense, shall be as follows:
1.
Streets. Sixteen (16) feet. In the case of a major thoroughfare or collector street requiring pavements wider than sixteen (16) feet, the matter of financial and other arrangements for installing such wider pavements at the time the developer will make the improvements shall be taken up by the developer with the officials having jurisdiction.
2.
Minor, Dead-End And Cul-De-Sac Streets. Sixteen (16) feet. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of eighty (80) feet.
3.
Alleys And Service Drives. Eighteen (18) feet.
C.
Street And Block Layout. The street layout of the subdivision shall be in general conformity with a plan for the most advantageous and aesthetically pleasing development of the entire neighborhood, including adjoining areas. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.
1.
Relationship To Adjoining Street Systems. The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. The width of such street rights-of-way in new subdivisions shall be not less than the minimum street widths established herein.
2.
Cul-De-Sacs And Dead-End Streets. Cul-de-sacs and dead-end streets should be avoided if at all possible.
3.
Right-Angle Intersections. Under normal conditions, streets shall be laid out to intersect as nearly as possible at right angles. Where topography or other conditions justify a variation from the right-angle intersection, the minimum angle shall be sixty degrees (60°). Four-way intersections shall be used for minor interior streets wherever practicable and not in conflict with other applicable design principles and standards.
4.
Access. Each lot shall be provided with access to the public street or highway to assure convenient ingress and egress to and from such lot, and to provide adequately for the layout of utilities, garbage and waste removal, fire and police protection, and other services, and to protect and further the public health and safety generally.
D.
Right-Of-Way Requirements And Utility Easements.
1.
Streets. Forty-foot right-of-way.
2.
Minor Streets, Dead-End Streets, And Cul-De-Sac Streets. All dead-end streets shall terminate in a circular turn-around having a minimum right-of-way diameter of one hundred (100) feet.
3.
Alleys. Alleys, where platted, shall have a minimum width of twenty (20) feet.
4.
Utility Easements. Utility easements, where required, shall be at least ten (10) feet wide along rear or side lot lines. Easements of adequate width shall be provided for open drainage channels, where required.
E.
Right-Of-Way Required. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or continuing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by these regulations and/or by the policy of the Board of Aldermen; and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these regulations and the Board of Aldermen. The Board of Aldermen shall determine what adjustment to make where the aforesaid widening merges with existing streets which are of smaller width at the boundary of such proposed subdivision. The Board of Aldermen may reduce the minimum roadway system in the proposed subdivision if the extension of such roadway is already improved at each end of such roadway in the subdivision and the roadway in the proposed subdivision is two (2) blocks or less in length.
Section 400.534 Sidewalks And Pedestrian Connections.
[Ord. No. 509, 8-11-2021]
A.
Agriculture Districts. Sidewalks shall not be required in the agriculture district.
B.
"R-1" District. Sidewalks shall be installed on at least one (1) side of all arterial streets in the "R-1" District.
C.
"R-1B" and "C-1" Districts. Sidewalks shall be installed on both sides of all arterial and collector streets.
D.
All Other Districts. Sidewalks shall be installed on at least one (1) side of all arterial and collector streets in all districts, except as stated in 400.533(A-C). Walks shall also be installed in any pedestrian easements as may be required by the Planning Commission.
E.
Cul-De-Sacs. A public sidewalk, either as an easement or right-of-way dedication, of no less than five (5) feet in width shall connect the terminus of any cul-de-sac to at least one (1) right-of-way existing within two hundred (200) feet, when feasible with existing site topography.
 |
F.
Construction Standards. All sidewalks shall be not less than four (4) feet in width of Portland cement concrete and shall comply with the specifications of the Governing Body.
G.
When Constructed. Installation of sidewalks may be delayed for one (1) side of a block between two (2) intersecting streets until seventy-five percent (75%) of the lots on that side of the block have been developed or within three (3) years of the approval of the final plat, whichever comes first.
Section 400.535 Water Supply.
[Ord. No. 509, 8-11-2021]
A.
Where a public water supply main is reasonably accessible, in the judgment of the Planning and Zoning Commission, the subdivision shall be provided with a complete loop type water distribution system adequate to service the area being platted, including a connection for each lot. The Planning and Zoning Commission shall not approve the final plat thereof until the Missouri State Board of Health certifies compliance with the applicable regulations of said Board of Health, Section 192.200, RSMo., 1978.
B.
A two-inch riser pipe fitted with standard two and one-half (2 1/2) inch fire hose threaded cap shall be installed at designated locations along the main supply system to serve as a means of refilling the Stone County Fire District tank truck when fighting a fire in the vicinity.
C.
A similar installation as described in Section 400.534(B) above shall be installed at multi-family dwellings, condominium complexes and resorts or motels.
D.
Where private water supplies are proposed, adequate provision shall be made for easements to allow installation of a public system should the property ever be annexed or required to develop a public supply. Private water systems shall meet all requirements of the State DNR.
Section 400.536 Sanitary Sewer Service.
[Ord. No. 509, 8-11-2021]
A.
Sewerage disposal systems and facilities shall be installed and maintained in accordance with the regulations and requirements of the City of Kimberling City and the Missouri Division of Health.
Section 400.537 Storm Drainage.
[Ord. No. 509, 8-11-2021]
A.
Every subdivision shall be provided with a storm water drainage system, in compliance with this Chapter, adequate to serve the area being platted and otherwise meeting the approval of the officials having jurisdiction.
B.
The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches, stormwater detention facilities and other improvements necessary to adequately handle stormwater. All improvements shall comply with the minimum standards of the City and shall be approved by the Administrative Officer prior to construction.
C.
Site design shall not change natural drainage patterns, except as provided below:
1.
All final grading and drainage shall comply with applicable City and State requirements.
2.
To the maximum extent feasible, development shall preserve the natural surface drainage pattern unique to each site as a result of topography and vegetation. Grading shall be designed to ensure that drainage flows away from all structures, especially structures that are cut into hillsides. Natural drainage patterns may be modified on site only if the applicant shows that there will be no significant adverse environmental impacts on site or on adjacent properties. If natural drainage patterns are modified, appropriate stabilization techniques shall be employed.
3.
Development shall be designed to mitigate all negative or adverse drainage impacts on adjacent and surrounding sites.
4.
Post-development discharge of stormwater shall not exceed predevelopment discharge for a 100-year storm event.
D.
Drainage Easements. If a subdivision is traversed by a watercourse, drainageway or channel, then a stormwater easement shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate stormwater drainage and for access for maintenance thereof. Parallel streets may be required in connection therewith. The subdivider may be required to have an engineer's study prepared for the Planning Commission as to the required width of such easement for each major watercourse or drainageway involved. Such study shall be based on a 100-year storm.
Section 400.538 Modifications And Exceptions.
[Ord. No. 509, 8-11-2021]
A.
Modifications. Where unusual or exceptional factors or conditions exist, the Planning and Zoning Commission may modify any of the provisions of these subdivision regulations, on written application by the developer. The developer's application shall set forth the reasons for such requested modifications and shall be attached to all copies of the construction plans.
B.
Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out and where such improvements meet the requirements of this Article and are in good condition as determined by the Board of Aldermen upon its consideration of the opinion of the Administrative Officer, no further provision need be made by the subdivider to duplicate such improvements. However, where such existing improvements do not meet said requirements as determined by the Board of Aldermen upon its consideration of the opinion of the Administrative Officer, the subdivider shall provide for the repair, correction or replacement of such improvements so that all final improvements will then meet said requirements as determined by the Board of Aldermen upon its consideration of the opinion of the Administrative Officer. The regulations shall not apply to lot splits/combinations in "R-1" Zoning Districts that were in existence prior to Ordinance xxx.