[R.O. 2012 §405.050; Ord. No. 3454 §1, 4-20-2009; Ord. No. 3664 §1, 8-8-2011; Ord. No. 3760 §4, 12-10-2012; Ord. No. 3765 §5, 1-14-2013]
For purposes of this Chapter, the following terms shall have
the meanings respectively ascribed to them in this Article. Generally,
the word "lot" includes the word "plot" and the phrases "used" or
"used for" include the meaning "designed for" or "intended for". Terms
not herein defined but defined in the Building Code shall be construed
as defined herein. Where terms are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
ABANDON
To discontinue a use for more than one hundred eighty (180)
consecutive days.
ABANDONED SIGN
A sign which advertises a bona fide business, goods, products,
services or facilities which are no longer available to the public
or which directs persons to a former location where such goods, products,
services or facilities are no longer available.
ABANDONMENT
An action to give up one's rights or interest in property.
ACCESSORY BUILDING OR STRUCTURE
A detached subordinate building or structure, the use of
which is customarily incidental to the principal use, located on the
same lot with the principal building or use.
ACCESSORY USE
A use customarily incidental to the principal use of a building
site or to a building and located upon the same building site with
the principal use.
ADULT DAY CARE CENTER
A facility for the care of adults. Adult day care facilities
shall meet all requirements and specifications of the Department of
Health and other State or local agencies having jurisdiction over
such facilities.
AGRICULTURAL AND FARM BUILDINGS AND STRUCTURES
Any building or structure necessary or incidental to the
normal conduct of a farm, including but not limited to, the operator
residence; residence of hired personnel; barns, buildings and sheds
for housing livestock, poultry and farm machinery; buildings for the
storage or shelter of grain, hay and other crops; silos, mills and
water storage tanks.
AGRICULTURAL OR FARMING
Planting, cultivating, harvesting and storing grains, hay,
plants or trees commonly grown in Franklin County, and raising and
feeding livestock or poultry. Feeding, fattening or finishing livestock
or poultry for hire as a business venture (feed lots) shall be classed
as commercial activity and not permitted. A minimum of five (5) acres
of land shall constitute agriculture or farming for the purposes of
these regulations.
AIRPORTS
All areas used for landing and storing of aircraft.
ALLEY
A public secondary means of access of abutting property,
not intended for general traffic circulation.
ALTERATIONS, BUILDING OR STRUCTURAL
Any addition, removal, extension or change in the location
of any exterior wall, structural part or exit facilities of a principal
or accessory building or structure; or any moving of a building from
one site to another.
ANIMAL CLINICS AND HOSPITALS
An establishment where animals are admitted principally for
examination and treatment by a doctor of veterinary medicine, with
boarding facilities limited to that necessary for the treatment of
the sick animal and not including open kennels or runs.
APARTMENT
A room or suite of rooms within a building, provided with
separate cooking facilities and intended as a single dwelling unit.
APPEAL
A request for a review of the Zoning Enforcement Official's
interpretation of any provision of this Title or a request for a variance.
APPURTENANCE
A device or structure attached to the exterior or roof of
a building and including service or mechanical equipment, but not
advertising or display devices or devices used in conjunction with
or to support such equipment.
ARCADE
Any building or premises whose principal business use contains
more than five (5) coin-operated amusement devices available for public
use.
AREA
The amount of land surfaces in a lot, plot or parcel. (See
also "BUILDABLE AREA, LOT AREA")
AREA IDENTIFICATION SIGN
A sign, freestanding or affixed to a wall or fence, which
identifies a neighborhood, a residential subdivision, a multiple residential
complex, or a commercial or industrial complex.
AREA REQUIREMENTS
The yard, lot area, lot width, lot coverage and space requirements
as set forth in a specific district.
AUDITORIUM
A room, hall or building made a part of a church, theater,
school, recreation or other building assigned to the gathering of
people as an audience to hear lectures, plays and other presentations.
BASEMENT
That portion of a building having more than one-half (½)
of its height below grade.
BED AND BREAKFAST ESTABLISHMENTS
An accessory use of a private, owner occupied residence with
not more than five (5) guest bedrooms. This definition shall apply
to any description of a bed and breakfast operation to include but
not limited to bed and breakfast inn, bed and breakfast home, or bed
and breakfast residences.
BENCHMARK
A permanent point of reference from which various measurements
may be made.
BLOCK
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or green strips, rural land or
drainage channels or a combination thereof.
BOARDING AND ROOMING HOUSE
An apartment house providing its tenants services ordinarily
furnished by hotels, but not primarily available to the public, or
a hotel primarily intended to provide dwelling facilities for non-transient
persons.
BUILDABLE AREA
The space remaining on a zoned lot after the minimum open
space requirements of this Title have been met.
BUILDING
Any structure, including a roof supported by walls, designed
or intended for the support, enclosure, shelter or protection of persons,
animals, chattels or property.
BUILDING AREA
That area measured from exterior wall to exterior wall and
comprising the gross square footage.
BUILDING HEIGHT
The vertical distance measured from the average elevation
at the finished lot grade at each face of the building to the highest
point of the coping of a flat roof, or to the deck line of a mansard
roof, or to the average height of the highest gable of a pitch or
hip roof.
BUILDING LINE OR SETBACK LINE
A building line limit fixed by setback requirements at a
specific distance from the front, rear and side boundaries of a lot,
beyond which a structure cannot lawfully extend.
BUILDING, PRINCIPAL
A building housing the principal, as distinguished from accessory
or secondary, use or uses on a lot.
CAMPGROUND (CAMPSITE)
An area of land whereupon camping trailers, campers and similar
vacation vehicles are housed on a temporary basis and used exclusively
by such camping vehicles.
CHANGEABLE COPY SIGN
A sign or portion thereof which has a readerboard for the
display of text information in which each alphanumeric character,
graphic or symbol is defined by objects, not consisting of an illumination
device and may be changed or rearranged manually or mechanically with
characters, letters, or illustrations that can be changed or rearranged
without altering the face or the surface of the sign.
CHANGEABLE COPY SIGN, ELECTRONIC
A sign or portion thereof that displays electronic, non-pictorial,
text information in which each alphanumeric character, graphic, or
symbol is defined by a small number of matrix elements using different
combinations of light emitting diodes (LEDs), fiber optics, light
bulbs or other illumination devices within the display area. Electronic
changeable copy signs include computer programmable, microprocessor
controlled electronic displays. Electronic changeable copy signs do
not include official or time and temperature signs. Electronic changeable
copy signs include projected images or messages with these characteristics
onto buildings or other objects.
CHILD DAY-CARE CENTER
Whether known or incorporated under title or name, a child-care
program conducted in a location other than the provider's permanent
residence, or separate from the provider's living quarters, and licensed
by the Department of Health and Senior Services of the State of Missouri
where care is provided for children not related to the child-care
provider for any part of the twenty-four-hour day.
[Ord. No. 4284, 5-13-2019]
CHURCH
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship, and which
building, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain public worship.
CLINIC, HEALTH
An establishment for the care, diagnosis and treatment of
sick, ailing, infirm and injured persons, by a group of licensed health
practitioners, but not providing board, room or overnight accommodations
on the premises, not including animal hospitals or clinics.
CLUB
A non-profit association of persons who are bona fide members
organized for some common purposes and paying regular dues; not including
a group organized solely or primarily to render a service customarily
a commercial enterprise; or a private, public or semi-public building
or premises and appurtenant recreational facilities used by persons
for recreational and eating purposes but not dwelling purposes for
other than managerial or transient lodging.
COMMISSION
The Planning and Zoning Commission of the City of Union.
CONDITIONAL USE
A use which is permitted in a particular zoning district
upon satisfaction of certain conditions set forth by the applicable
Governing Body.
CONDOMINIUM
The legal arrangement for individual ownership of each dwelling
unit in an apartment building or residential development while common
areas are owned, controlled and maintained through an organization
consisting of all the individual owners. (See also "DWELLING,
SINGLE-FAMILY ATTACHED")
CONSTRUCTION, START OF
The first placement of permanent construction of a structure
on a site, such as pouring slabs or footings. Permanent construction
does not include land preparation, such as clearing, grading and filling;
nor does it include installing streets or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection
of temporary forms; nor does it include installing accessory buildings
on the property. For a structure without a basement or poured footings,
the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its piling
or foundation. For mobile home parks, the "start of construction" means the start date for the construction of facilities for servicing
the site, including street installation, site grading, pouring concrete
pads, and installation of utilities.
CUL-DE-SAC
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
DAY CARE HOME OR DAY NURSERY "CHILD"
A house or other place conducted or maintained by any person
who advertises or holds himself/herself out as providing care for
more than four (4) children, between the hours of 6:00 A.M. to 7:00
P.M. for compensation or otherwise, except those operated by a school
system or in connection with a business establishment as a convenience
for its customers for any part of a twenty-four (24) hour day for
compensation. It shall be unlawful for any person to establish, maintain
or operate a day care home or day care nursery for children, without
having a written license therefor granted by the State of Missouri,
Division of Family Services.
DAY CARE HOME "ADULT"
A family home, occupied as a permanent residence by the day
care provider, in which care is given for three (3) or more persons
who by reason of aging or disability require services furnished by
a facility that provides shelter and protective oversight for periods
of less than twenty-four (24) hours but more than two (2) hours per
day. Day care home adult shall not include a hospice residential and
care facility for terminally ill on the premises of a hospital or
nursing home and operated in conjunction therewith for more than a
twenty-four (24) hour day. Adult day care homes are permitted to offer
services for temporary relief of family members or others who have
assumed direct care responsibilities by offering services that allow
care givers to leave the home. These services shall include but not
be limited to adult day care, in-home companions and respite care.
It shall be unlawful for any person to establish, maintain or operate
an adult day care home, without having a written license therefor
granted by the State of Missouri.
DENSITY
Land occupancy area requirements/limitations. (See also "AREA REQUIREMENTS")
DEVELOPMENT
Any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures or mining,
dredging, filling, grading, paving, excavating or drilling operations.
DORMITORY
A building in which group sleeping accommodations are provided
for persons not members of the same family in one (1) room or in a
series of closely associated rooms; usually associated with an educational
institution.
DRUG REHABILITATION CENTER
An establishment wherein residential care and/or out-patient
services are provided to restore a person who is addicted to drugs
and/or alcohol to customary activity through education and therapy.
DUPLEX
(See "DWELLING, TWO-FAMILY")
DWELLING
Any building, or portion thereof, used exclusively for human
habitation, except hotels, motels, or mobile homes.
DWELLING, MULTIPLE-FAMILY
A building or group of buildings located on one (1) lot containing
three (3) or more dwelling units. The term "multiple-family dwelling"
includes the terms "apartment", "apartment house", "garden apartment"
and "townhouse apartment".
DWELLING, SINGLE-FAMILY ATTACHED
A building, or group of buildings located on one (1) lot
containing attached dwelling units designated for separate ownership.
The term "single-family attached dwelling" includes the terms "condominium"
and "cooperative".
DWELLING, TWO-FAMILY
A single building located on one (1) lot containing two (2)
independent dwelling units. The term "two-family dwelling" includes
the term "duplex".
DWELLING UNIT
A building or portion thereof designed for or used exclusively
as the living quarters for one (1) family and containing permanent
sanitary, electrical, and kitchen facilities.
EASEMENT
A property right such as that of access created by grant,
agreement, reservation, or other conveyance which one has in the land
of another.
ELECTRONIC GRAPHIC DISPLAY SIGN
A sign or portion thereof that displays electronic, static
images, static graphics or static pictures, with or without text information,
defined by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of fade, repixalization
or dissolve modes. Electronic graphic display signs include computer
programmable, microprocessor controlled electronic or digital displays.
Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
ERECTED
This term shall mean attached, altered, built, constructed,
reconstructed, enlarged or moved, and shall include the painting of
wall signs, but does not include copy changes on any sign.
FAMILY
One (1) or more persons related by blood, marriage, or adoption,
and not more than one (1) additional unrelated person, occupying a
premises as a separate housekeeping unit.
FLASHING SIGN
A directly or indirectly illuminated sign or portion thereof
that exhibits changing light or color effect by any means, so as to
provide intermittent illumination that changes light intensity in
sudden transitory bursts and creates the illusion of intermittent
flashing light by means of animation, streaming, graphic bursts showing
movement, or any mode of lighting which resembles zooming, twinkling
or sparkling.
FLOOR AREA, GROSS
The total number of square feet of floor area in a building
determined by horizontal measurements between the exterior faces of
walls including basement, garages and accessory buildings.
FOSTER CARE HOME
Any private residence licensed by the Division of Family
Services or Department of Mental Health to provide foster care to
one (1) or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption.
FRONTAGE
The linear distance along which a parcel of land abuts a
public or private street.
GARAGE, PRIVATE
An attached or detached building designed or used for storage
of one (1) or more privately owned motor-driven vehicles owned and
used by the occupants of the building to which it is accessory and
including carports or other similar structures, not to exceed fifty
percent (50%) of the square footage of the principal building in size.
GARAGE, PUBLIC
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.
GARAGE, STORAGE OR PARKING
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.
GASOLINE SERVICE STATION
A building, premises or portion thereof having pumps and
storage tanks and used for the retail sale of gasoline, oil or other
fuel, automotive parts, supplies or accessories for motor vehicles
and which may include, as an incidental use only, facilities for polishing,
greasing, washing or otherwise cleaning or light servicing motor vehicles,
but not including liquefied petroleum gas distribution, junk and/or
motor vehicle wrecking facilities.
GRADE
1.
For buildings having walls adjoining one (1) street only, the
sidewalk elevation at the center of the wall adjoining the street.
2.
For buildings having walls adjoining more than one (1) street,
the average sidewalk elevation at the centers of all walls adjoining
the streets.
3.
For buildings having no wall adjoining the street, the average
level of the finished ground surface adjacent to the building's exterior
walls.
4.
Any wall approximately parallel to and not more than five (5)
feet from a street line shall be considered adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
GROUP HOME
Home in which eight (8) or fewer unrelated mentally or physically
handicapped persons reside, plus no more than two (2) additional persons
acting as houseparents or guardians who need not be related to each
other or to any of the mentally or physically handicapped persons
residing therein, provided that the exterior appearance of such home
and property be in reasonable conformance with the general neighborhood
standards prevailing in the immediate area, and further provided,
that there may be no more than one (1) such home within one thousand
five hundred (1,500) feet of another group home.
HEALTH CARE PROFESSIONAL
A person licensed by the State to provide health care and
recognized medical and health treatment and services to patients.
The term shall include physicians, surgeons, dentists, nurses, chiropractors,
therapists and other persons licensed by the State Board of Registration
for the healing arts or such other similar State agency.
HEIGHT
The distance above grade at the perimeter of the structure
being measured.
HOSPITAL
An institution providing medical and surgical care for humans
only, for both in- and out-patients, including medical service, training,
and research facilities.
HOTEL
A building containing individual guest rooms or suites of
rooms, providing lodging with or without meals to the transient public
for compensation, with ingress to and egress from all rooms through
an inside lobby or office supervised by a person in charge at all
hours, as distinguished from a boarding or rooming house or apartment
herein separately defined.
INDOOR FIRING RANGE
Any building, complying with all applicable Federal and State
regulations, in which firearms or projectile weapons are discharged.
JUNK YARD
An establishment, area, or place of business maintained,
operated, or used for the storing, keeping, buying, or selling of
junk or for the operation of an automobile salvage yard, garbage dump
or sanitary fill.
JUNKED MOTOR VEHICLE
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous
material.
KENNEL
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling dogs, cats or other domestic animals including, but not limited
to, fowl. Any premises having a combined total of four (4) or more
dogs, cats or other domestic animals including, but not limited to,
fowl, over the age of four (4) months is subject to kennel regulations.
LAUNDROMAT
A business that provides home-type washing, drying, and/or
ironing machines and/or dry-cleaning machines for hire to be used
by customers on the premises.
LIVESTOCK
Domestic animals bred or kept on a farm for use or commercial
profit.
LOADING SPACE
A space within the main building or on the same lot therewith, properly graded for drainage, providing off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth in Article
XIX, Off-Street Parking and Loading Space Requirements.
LOT
A portion of land (whether of a platted subdivision or otherwise)
defined by metes, bounds or boundary lines in a recorded deed or on
a recorded plat, occupied or intended to be occupied by a building
or use and its accessories, together with such yards as are required
under the provisions of this Title, having not less than the minimum
area, width and depth required by this Title for a lot in the district
in which such land is situated, and having its principal frontage
on a street or on such other means of access as permitted in accordance
with the provisions of this Title. The minimum area of a lot as defined
herein must be an integral unit of land under unified ownership in
fee or in continuancy, or under legal control tantamount to such ownership,
which ownership or control must continue for the existence of the
building or buildings permitted to be situated on the lot.
LOT AREA
The total square footage or acreage within the property lines
of a lot, excluding public streets and alleys, subject to the district
requirements herein.
LOT, CORNER
A platted parcel of land having frontage on two (2) intersecting
streets where the angle of intersection does not exceed one hundred
thirty-five degrees (135°).
LOT COVERAGE
The area of a zoned lot occupied by the principal building
or buildings and accessory buildings.
LOT LINES
The lines bounding a lot as defined herein.
LOT LINES, REAR
The boundary line opposite and most distant from the front
street line, except in the case of uncertainty the Zoning Enforcement
Official shall determine the rear line on irregular lots.
LOT LINES, SIDE
Any lot line other than a front or rear lot line ia a side
lot line.
LOT, NON-CONFORMING
A single lot, tract or parcel of land shown on a recorded
or unrecorded map, plat, drawing or survey in existence and failing
to meet the requirements for area, width or depth for any use permitted
within the district in which it is located.
LOT OF RECORD
A lot or parcel of land, the deed to which has been recorded
in the office of the Recorder of Deeds of Franklin County.
LOT, THROUGH
A lot having frontage on two (2) parallel or approximately
parallel streets and which is not a corner lot.
LOT WIDTH
The dimension of a lot, measured between side lot lines on
the building line.
MANUFACTURED HOME
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.
MARIJUANA OR MARIHUANA
Cannabis Indica, Cannabis Sativa, and Cannabis Ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (3/10 of 1%) on a dry-weight basis,
or commodities or products manufactured from industrial hemp.
[Ord. No. 4284, 5-13-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 4284, 5-13-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a licensed
medical dispensary, a licensed medical marijuana testing facility,
or to a licensed medical marijuana-infused products manufacturing
facility.
[Ord. No. 4284, 5-13-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section to a qualifying patient, a primary caregiver, a medical
marijuana testing facility, or a medical marijuana-infused products
manufacturing facility.
[Ord. No. 4284, 5-13-2019]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified and licensed by the State of Missouri
to acquire, test, certify, and transport marijuana or marijuana-infused
products.
[Ord. No. 4284, 5-13-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a licensed medical marijuana dispensary facility, a licensed medical
marijuana testing facility, or another licensed medical marijuana-infused
products manufacturing facility.
[Ord. No. 4284, 5-13-2019]
MOBILE HOME
Any structure which was originally designed to be used for human occupation of either a temporary or permanent nature and was originally built as a portable structure on wheels and whether or not same is delivered in one (1) or more parts. Removing the wheels from such structure shall not be sufficient to remove such structure from the definition of a mobile home. This definition shall incorporate and cover such terms as dependent trailer coach and independent trailer coach as were used in Article
VII — Planned Mobile Home Park District.
MOBILE HOME PARK
An area designed or intended to be used as a site for occupied mobile homes. An area within the City of Union which is designed for the placement and hookup of mobile homes and which has complied with all other regulations and requirements imposed by the City of Union under Article
VII — Planned Mobile Home Park District and the regulations of the BOCA Basic Building Code and ordinances, currently in force, concerning the subject of this Chapter.
MODULAR UNIT
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes.
MOTEL/MOTOR HOTEL/MOTOR COURT
One (1) or more buildings containing attached, semi-attached
or detached sleeping or living units to accommodate transient guests
for compensation and not customarily including individual cooking
or kitchen facilities, said units having convenient access to off-street
parking spaces for the exclusive use of the guests or occupants; not
to include tourist homes.
MOTOR VEHICLE AND TRAILER SALES AREA
An open off-street area used for the display and sale of
new or used automobiles, pickup trucks, vans, vacation vehicles and
trailers, where no repair work is done except of a minor and incidental
nature to only those vehicles and trailers being sold.
MULTI-VISION SIGN
Any sign composed in whole or in part of a series of vertical
or horizontal slats or cylinders that are capable of being rotated
at intervals so that partial rotation of the group of slats or cylinders
produces a different image and when properly functioning allows on
a single sign structure the display at any given time one (1) of two
(2) or more images.
NON-CONFORMING LAND USE OR STRUCTURE
A land use or structure which existed lawfully on the date
that this Chapter, or when any amendment thereto became effective,
and which fails to conform to one (1) or more of the applicable regulations
in this Chapter, or amendment thereto, except minimum lot area, yard
and setback requirements.
NON-CONFORMING SIGN
Any advertising structure or sign which was lawfully erected
and maintained prior to such time as it came within the purview of
this Chapter and any amendments thereto, and which fails to conform
to all applicable regulations and restrictions of this Chapter, or
a non-conforming sign for which a special permit has been issued.
NURSERY SCHOOL
A prekindergarten school for children, primarily between
the ages of three (3) and five (5).
NURSING HOME
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, 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.
OFF-PREMISES SIGN
A sign that draws attention to or communicates information
about a business, service, commodity, accommodation, attraction or
other enterprise or activity that exists or is conducted, sold, offered,
maintained or provided at a location other than the premises on which
the sign is located. A sign that draws attention to a cause or advocates
or proclaims a political, religious or other non-commercial message
shall also be an off-premises sign.
OFFICE
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations.
OFFICIAL SIGNS AND NOTICES
Signs and notices erected and maintained by public officers
or public agencies within their territorial jurisdiction and pursuant
to and in accordance with direction or authorization contained in
Federal, State, or local law for the purposes of carrying out an official
duty or responsibility. Historical markers authorized by State law
and erected by State or local governmental agencies or non-profit
historical societies may be considered official signs.
ON-PREMISE SIGN
A sign that draws attention to or communicates information
about a business, service, commodity, accommodation, attraction or
other enterprise or activity that exists or is conducted, sold, offered,
maintained or provided on the premises where the sign is located.
OPEN SPACE, PUBLIC
Land dedicated or reserved for acquisition for general use
by the public, including parks, forest and wildlife preserves, recreation
areas, school sites, community or public building sites, waterways,
streets and other lands.
OPEN STORAGE
Open storage shall be defined as uncovered and exterior storage of material, supplies or other goods which shall include both finished products and any waste by-products therefrom, any vehicle parts, appliances, furniture (excluding garden or patio furniture intended for outdoor use and barbeque grills), building demolition rubbish, boxed or bagged household waste or clothing, or any items which are not customarily used or stored outside, or which are not made of material that is resistant to damage or deterioration from exposure to the outside environment, for a period in excess of twenty-four (24) hours. In addition, it shall be unlawful to store the foregoing items in any vehicle that is visible from adjacent public or private property. Storage of firewood for consumption on the premises where stored or building materials stored on the premises where a building permit has been issued during the time such permit is in effect shall not be included in the meaning hereof. For the purpose of this Section, "open storage" shall be defined to include all storage on the premises which is not inside an enclosed building. This includes storage on porches, storage under open carports or breezeways, storage in open garages not equipped with a door or storage inside yards. Outdoor display of goods, wares or merchandise shall be allowed as per Article
XVI, Supplemental Regulations.
[Ord. No. 4186, 4-9-2018]
OPEN UNOCCUPIED SPACE
That area of private property upon which these regulations
prohibit the location of any building or structure.
PARCEL (TRACT) OF LAND
A separately designated area of land delineated by identifiable
legally recorded boundary lines.
PARKING AREA
An area of land used or intended for off-street parking facilities
for motor vehicles.
PARKING SPACE
A durably dust proofed, properly graded for drainage, usable space, enclosed in a main building or in an accessory building, or unenclosed, reserved for the temporary storage of one (1) vehicle and connected to a street, alley, or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Article
XIX — Off-Street Parking and Loading Space Regulations.
PAVED
Surfaced with asphaltic or concrete pavement material of
a thickness sufficient to withstand the highest-use loading.
PERMANENT FOUNDATION
A below grade formation, or a substructure formation below
the tier of beams nearest to grade, consisting of materials such as
concrete, mortared concrete block or mortared brick, used to transmit
the loads of a structure to firm substrata, which formation shall
include, but not necessarily be limited to, cellars, basements, crawl
spaces, floating concrete mats with frost walls, piers, and/or pilings
extending into the ground below the frost line or to solid rock.
PERMITTED USE
A land use which is permitted by right in a district subject
only to the requirements of these regulations.
PERSON
Includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
PLAT
A subdivision of land legally approved and recorded.
PREMISES
A parcel together with all buildings and structures thereon.
PRINCIPAL USE
The main purpose for which a lot or the principal building
thereon is designed, arranged or intended and for which it is or may
be used, occupied or maintained in accordance with the provisions
of these regulations.
PROPERTY LINE
The legally recorded boundary of a lot, tract, or other parcel
of land.
PYROTECHNICS
Fireworks or similar devices used to ignite a combustible
substance or produce an explosion.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition and licensed by the State of Missouri.
[Ord. No. 4284, 5-13-2019]
RESIDENTIAL COMPUTER SERVICE BUSINESS
A business operated from a residence which involves exclusively
the operation of computers, telephones, modems or other electronic
means, through international, national, regional or local connections
for the purpose of providing services and sales to customers and users
through such connections provided that absolutely no stock in trade,
merchandise or materials to be conveyed to customers is maintained
on the premises, so long as the operation of the business does not
result in a noticeable increase in traffic to the residence, provided
that the operation of the business is not discernable from the outside
of the residence and so long as no person is employed in the operation
of the business other than a member of the family residing on the
premises.
RESTAURANT
A building or portion thereof used or designed for on-premises
food and beverage service for compensation, not including drive-in
restaurants.
RESTAURANT, DRIVE-IN
A restaurant where foods and beverages are customarily served
or dispensed for consumption outside the enclosed structure.
RIGHT-OF-WAY
The area of a vehicular way or other strip of land reserved
for public use whether established by prescription, easement, dedication,
gift, purchase, eminent domain or other legal means. (See also "STREET")
ROAD
Any street, highway, avenue, marginal access street, bridge,
viaduct or segment thereof. (See also "STREET")
ROOM
An unsubdivided portion of a dwelling unit interior, excluding
bathrooms, kitchens, closets, hallways and service porches.
ROTATING SIGN
A sign or portion of a sign which in any physical part or
in total turns about on an axis, rotates, revolves or is otherwise
in motion, including without limitation a multi-vision sign.
SCHOOLS, OTHER
Any school not having the right of eminent domain as defined
by the State of Missouri.
SCHOOLS, PUBLIC
Any school having the right of eminent domain as defined
by the State of Missouri.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings in a controlled-access compound
that contains equal or varying sizes of individual, compartmentalized,
and controlled access stalls or lockers for the dead storage of customer's
wares, goods, household items or furnishings. Outdoor storage, sale,
washing, repair or maintenance of boats, trailers, vehicles of all
types or other equipment shall not be permitted or allowed.
SETBACK
The distance in linear feet measured on a horizontal plane
from any lot line to a building or structure on the lot.
SHALL
Is always mandatory.
SIGN
Any structure, part thereof, or device attached thereto,
or painted or represented thereon, or any material or object illuminated
or otherwise, displaying or including any numeral, letter, word, model,
banner, emblem, insignia device, trademark or other representation
used as, or in the nature of, an announcement, advertisement, direction
or designation of any person, firm, group, organization, place, commodity,
product, service, business, profession, enterprise or industry, located
upon any land, building or window. The flag, emblem or other insignia
of a nation, governmental unit, or educational, charitable or religious
group shall not be included within the meaning of this definition.
SIGN, ADVERTISING
A sign directing attention to a business, commodity, service
or entertainment.
SIGN AREA
The total surface area of the entire sign, including all
parts and appurtenances thereof (except principal supports, the total
cross-sectional area of which does not exceed one (1) square foot
and on which there is no display of advertising material or any lighting).
In the case of any sign having display surfaces which are not continuous
(e.g., separated letter displays or separated display surfaces), sign
area shall include a theoretical display surface equal to the area
of the smallest enclosure into which the combined non-continuous display
surfaces can be fitted, including intermediate structural supports.
SIGN, BALLOON
An envelope of material used to attract attention to a business
or special event which, when filled with or is in constant process
of being filled with cold air, billows to a point of stretching the
envelope to its fullest extension and causing the envelope to provide
moderate retention of the cold air forced into it, but excluding any
balloon filled with heated air, helium or any other gas capable of
enabling the envelope for flight of any height or duration.
SIGN, BANNER
Sign consisting of a flexible lightweight material, including,
but not limited to, paper, plastic or cloth, either attached to a
structure or freestanding.
SIGN, BILLBOARD
Any advertising display structure with its facing outline
in excess of twenty (20) square feet not related to a permitted principal
use of the premises.
SIGN, BULLETIN BOARD
A sign used to notify the public of an event or other occurrence
of public interest, such as a church service, political rally, civic
meeting or similar event.
SIGN, BUSINESS
A sign directing attention to a business, profession, display
or entertainment conducted upon a lot or to a commodity or service
stores, sold or displayed on a lot. Only one (1) side of any double
facing business sign shall be considered in the total sign area permitted
for any business building or lot, provided the same theoretical message
appears on both faces of the sign and further provided the sign shall
be perpendicular to the traveled way toward which the sign is oriented
with variations of less than five degrees (5°) permitted.
SIGN CLEARANCE
The vertical distance from the established finished grade
of the ground or sidewalk to the lower edge of a sign.
SIGN, COMBINATION
Any sign incorporating any combination of the features of
the signs defined herein.
SIGN, CONSTRUCTION
A sign advertising the development or improvement of a property
by a building contractor or other person furnishing services, materials
or labor to said premises, intended for a limited period of display
and erected on the same lot with the work being done.
SIGN, DIRECTIONAL
A sign without identification or advertisement that indicates
a direction for vehicular or pedestrian traffic or movement. Such
signs shall contain symbols, arrows or appropriate wording to indicate
points of appropriate ingress or egress or other pertinent traffic
directions, including the following words:
1.
"Entrance" or "entrance only",
5.
"No exit" or "no entrance",
7.
"Right turn only" or "no left turn",
8.
"Loading area", "parcel pickup area" or "loading zone",
9.
"Service vehicles only" or "no trucks".
SIGN, FACE
Any sign attached to the face of a building or structure
in such a manner as to be approximately parallel to the plane of such
building or structure face and not extending farther than one (1)
foot from such face.
SIGN, FLAT
Any sign, painted on or attached to, and erected parallel
to the face of a window, wall of a building, or a boundary wall or
fence, and supported solely by the structure to which it is affixed,
and not extending more than twenty-four (24) inches vertically from
the face of the structure to which it is attached.
SIGN, FREESTANDING
A detached sign supported by one (1) or more uprights, poles
or braces in or upon the ground and not attached to a building or
other structure. A sign that stands without supporting elements, such
as a "sandwich sign", is also a freestanding sign.
SIGN HEIGHT
The vertical distance measured from the highest point of
the street curb level, the established or mean street grade in case
the curb has not been constructed or the average finished ground level
adjoining the sign if it sets back from the street line, to the level
of the highest point of the sign.
SIGN, IDENTIFICATION
An on-premises sign serving only to tell the name or use
of any public/semi-public building or recreation space, club, lodge,
church or institution or only to tell the name and/or address of an
apartment house or hotel or to identify a parking lot, not including
a sign identifying a commercial or industrial use or a commodity or
service offered on the premises.
SIGN, INCIDENTAL USE
A non-illuminated professional or announcement sign, not
exceeding one-half (½) square foot in area and attached wholly
to a building, including those pertaining only to the rent, lease
or sale of property upon which displayed.
SIGN, LIVING
A structure, display, drawing, message, plaque or poster
held by, under the control of, or attached to a human or animal, located
outdoors, for the purpose of advertising or providing information
about a business, commodity, service, product or other commercial
activity. A person or animal dressed in a costume for the purpose
of advertising or providing information about a business, commodity,
service, product or other commercial activity also shall constitute
a living sign, excluding temporary signage associated with an approved
special event permit or parade. Living signs do not include activities
or structures, displays, drawings, messages, plaques or posters involving
non-commercial speech.
SIGN, MARQUEE
A display sign attached to or suspended from a marquee, canopy
or other covered structure projecting from and supported by the building
and extending beyond the building wall or building line.
SIGN, NAME PLATE
A sign servicing solely to designate the name of a person
or persons residing in a dwelling.
SIGN, POLE
A sign supported wholly by a pole or poles; neither of which
is a part of or attached to a building.
SIGN, PORTABLE
A sign that is not permanently affixed to a building, other
unmovable structure, or the ground. If said portable sign is on wheels,
it shall require placement on a paved surface.
SIGN, PRINCIPAL USE
A sign on the same premises with a principal use, announcing
only the name of such principal use and/or the principal product sold
or the principal service rendered by such principal use.
SIGN, PROJECTING
All signs, other than face signs, suspended or supported
by any building or wall and extending outward therefrom.
SIGN, REAL ESTATE
A temporary sign indicating the availability for sale, rent
or lease of the specific lot and/or building upon which the sign is
erected or displayed.
SIGN, ROOF
A sign erected upon or above a roof or parapet wall of a
building or structure but not projecting over public property.
SIGN, SEPARATE USE
Any sign, including a standard poster panel sign or fabricated
sign (billboard) directing attention to a business commodity, service,
entertainment or other activity, conducted, sold or offered elsewhere
than on the premises where said sign is located.
SIGN, SUBDIVISION
A temporary sign advertising the general development, sale
and/or subdivision of land and displayed or erected upon the subject
property, as distinguished from a real estate sign, and to be replaced
at a specified time by a permanent sign identifying said development
or subdivision.
SIGN, TEMPORARY
Any sign constructed of non-permanent materials, including,
but not limited to, vinyl, cardboard, coroplast, plastic, sheet metal
or wood, which has no structural support, footing, foundation, pier,
pole, grade beam or any other accepted method of frost heave prevention
extending below the frost line. It shall include any sign which is
not designated or manufactured to be permanently anchored or affixed
to the ground, building or structure, but rather is designed or primarily
used as a sign which is movable from place to place. This shall include,
but is not limited to, signs affixed to a trailer or other portable
structure and "A" frame or sandwich signs, yellow-flashing signs and
banners. If a sign display area is permanent but the message displayed
is subject to periodic changes, that sign shall not be regarded as
temporary.
SIGN, TEMPORARY SPECIAL EVENT
Sign not exceeding thirty-two (32) square feet in area, erected
to advertise a special event of a civic, educational, philanthropic,
religious, political or similar nature.
SIGN, WALL
Any sign painted on, attached to or erected against the wall
of a building or structure, with the exposed sign face parallel to
the plane of said wall and extending not more than twelve (12) inches
from the face of the wall.
SITE PLAN
A plan showing uses and structures proposed for a selected
parcel, including lot lines, streets, building sites, reserved open
spaces, buildings, major landscape features — both natural and
manmade and proposed utilities locations.
SOLID WASTE
Garbage, refuse and other discarded materials including,
but not limited to, solid and semisolid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
STREET
A paved public or private way which affords principal means
of access to abutting properties from the front. The term includes
all facilities which normally occur within the right-of-way; it shall
also include such other designations of a street such as a highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard,
lane, place, drive, court or as otherwise designated but excluding
an alley or way for pedestrian use only.
STREET, COLLECTOR
A minor street which collects traffic from other minor streets
and serves as the most direct route to a major street or community
facility.
STREET, CUL-DE-SAC
A minor street having one (1) end open to vehicular traffic
and having one (1) closed end terminated by a turnaround.
STREET, FRONTAGE OR SERVICE
A minor street auxiliary to and located on the side of a
major street for service to abutting properties and adjacent areas
and for control of access.
STREET LINE
A line which separates a lot, parcel or tract of land and
a contiguous street.
STREET, MAJOR
An arterial street which is designated on the Major Street
Plan or Comprehensive Plan.
STREET, MINOR
Any street not classified as a major street on the Major
Street Plan or Comprehensive Plan.
STRUCTURE
Anything constructed or erected which requires permanent
or temporary location on the ground or is attached to anything having
a permanent or temporary location on the ground but not including
unlicensed trailers without axles, wheels or landing gear, poles,
lines, cables, and other transmission or distribution facilities of
public utilities.
SUBDIVIDE
See Subdivision Of Land, Chapter
410 of this Title.
SUBDIVIDER
Any person, firm, partnership, association, corporation, estate, or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as defined in Chapter
410 of this Title, Subdivision of Land.
SWIMMING POOL
An outdoor swimming pool, including an in-ground, above ground,
or on-ground pool with a water depth capacity of twenty-four (24)
inches or more.
[Ord. No. 3878 §§1 —
2, 6-9-2014]
TEMPORARY USE
An activity or function of limited duration that may involve
the placement of a non-permanent structure and/or the use of open
spaces or public areas for gathering of people.
[Ord. No. 3911 §1, 11-10-2014]
TERMINAL
A depot building or area specifically designated for the
storage or transfer of persons or material, or temporary storage and
service of operable vehicles used in the transport of persons, goods
or materials.
THEATER
A building or part of a building devoted primarily to the
showing of motion pictures or theatrical productions on a paid admission
basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of motion pictures or theatrical
productions on a paid admission basis to patrons seated in automobiles
or on outdoor seats.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle or self-propelled and used for short-term human occupancy
(see "MOBILE HOME"), carrying materials, loads, or
objects or as a temporary office.
TRAILER, CONSTRUCTION
A vehicle, other than a motor vehicle, designed or intended
for temporary office space and/or storage, but not dwelling purposes,
whether or not such vehicle is attached to or resting on the ground
or something having a location on the ground, and is parked on the
building site where construction work is occurring and requires a
permit prior to its placement.
TRANSPORTATION INSTALLATIONS, MAJOR
Industrial-type transportation facilities to include airports,
bus terminals, flight strips and heliports, railroad terminals and
yards and truck terminals.
TRUCK STOP
A building, buildings, lot or lots or portions thereof, which
are used, arranged, designed, or intended to be used for the retail
sale of gasoline, diesel or other motor vehicle fuel. In conjunction
with the sale of motor vehicle fuels, the property lot or lots may
be used for short-term parking of trucks, tractor-trailers or components
thereof; restaurants; motels; or any combination thereof. For purposes
of this definition, short-term parking shall mean leaving any item
or component thereof as set forth herein on such premises for a period
of time not to exceed twenty-four (24) hours.
TRUCK TERMINAL
A building, buildings, lot or lots or portions thereof which
are used for the dispatching, loading, unloading, parking and storage
of commercial motor vehicles to include trucks, tractor-trailers,
trailers or any component thereof.
USE
The use of property is the purpose or activity for which
the land, or building thereon, is designed, arranged, or intended
or for which it is occupied or maintained.
VARIANCE
A modification or variation of the provisions of these regulations
as applied to a specific piece of property.
VEHICLE SIGN
Any sign exceeding ten (10) square feet in area mounted,
painted, placed on, attached or affixed to a trailer, watercraft,
truck, automobile or other form of motor vehicle so parked or placed
so that the sign thereon is discernable from a public street or right-of-way
as a means of communication and which by its location, size, and manner
of display is reasonably calculated to exhibit commercial advertising
identifying an on-site business or supplying directional information
to an off-site business. A vehicle sign may be defined as a vehicle
that functions primarily as a sign rather than as a transportation
device, as determined by consideration of any combination of the following
factors:
1.
The absence of a current, lawful license plate affixed to the
vehicle on which the sign is displayed;
2.
The vehicle on which the sign is displayed is inoperable as
defined by this City Code;
3.
The vehicle on which the sign is displayed is not parked in
a lawful or authorized location or is on blocks or other supports
or is parked in a manner that is not in conformity with the identified
parking space on the lot;
4.
The vehicle on which the sign is displayed is not regularly
used for transportation associated with the use it advertises;
5.
The vehicle remains parked on the premises after normal business
hours when customers and employees are not normally present on the
premises; or
6.
The vehicle remains parked in the same vicinity on the property
in a location which maximizes its visibility from the public street
or right-of-way on a regular basis.
VIDEO DISPLAY SIGN
A sign that changes its message or background in a manner
or method of display characterized by motion or pictorial imagery,
which may or may not include text and depicts action or a special
effect to imitate movement, the presentation of pictorials or graphics
displayed in a progression of frames which give the illusion of motion,
including, but not limited to, the illusion of moving objects, moving
patterns or bands of light, or expanding or contracting shapes, not
including electronic changeable copy signs. Video display signs include
projected images or messages with these characteristics onto buildings
or other objects.
YARD
An open area between the structure setback lines of a lot
as established by the regulations of a particular zoning district,
and the property lines of the same lot.
YARD, FRONT
A space extending across the entire front of a lot between
the structure setback lines as required by the regulations of a particular
zoning district and the roadway right-of-way lines. Where corner lots
exist, the yard area between both street right-of-way lines and the
building line shall constitute a front yard.
YARD, REAR
A space opposite the front yard, extending across the entire
rear of a lot between the structure setback line as required by the
regulations of a particular zoning district and the rear lot line.
YARD, SIDE
A space extending between the structure setback line as required
by the regulations of a particular zoning district and the side lot
lines measured between the front yard and the rear yard.
ZONING
A unified set of regulations and maps establishing use groups
by district designations and controlling the placement, height, bulk,
coverage and performance and other standards for use of land and structures
within each district.
ZONING APPEAL
An official request for reconsideration filed with the Board
of Adjustment after an application to the Zoning Enforcement Official
for a zoning permit has been denied for non-compliance with the requirements
of the Chapter.
ZONING DISTRICT
A section of the City for which uniform regulations governing
the use, height, area, and use of buildings and land, and open spaces
about building, are herein described.
ZONING MAP
The City's Official Zoning Map and all amendments thereto
located in the office of the City Clerk.