[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(2000), 11-13-1989]
It is the purpose of this Article to define words, terms, and
phrases contained within this Chapter.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(2100), 11-13-1989]
A.Â
In
the interpretation of this Chapter, the provisions and rules of this
Section shall be observed and applied, except when the context clearly
requires otherwise:
1.Â
Words used or defined in one tense or form shall include other tenses
and derivative forms.
2.Â
Words in the singular shall include the plural, and words in the
plural shall include the singular unless the context indicates the
contrary.
3.Â
The masculine gender shall include the feminine, and the feminine
gender shall include the masculine.
4.Â
The word "shall" is mandatory.
5.Â
The word "may" is permissive.
6.Â
The word "person" includes individuals, firms, corporations,
associations, trusts, and any other similar entities.
7.Â
The word "City" means the City of Town and Country,
Missouri.
8.Â
The words "Board" and "Board of Aldermen" shall mean the Board of Aldermen of the City of Town and Country,
Missouri.
9.Â
The words "Commission" and "Planning and
Zoning Commission" shall mean the City of Town and Country
Planning and Zoning Commission.
10.Â
The words "Recorder" and "Recorder of Deeds" shall mean the St. Louis County Recorder of Deeds.
11.Â
If there is inconsistency between any caption, illustration or table
set forth in this Chapter and the text of this Chapter, the ordinance
shall be interpreted to give the greatest weight to the text.
12.Â
Words and terms not defined herein shall be interpreted in accord
with their normal dictionary meaning and customary usage.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(2200), 11-13-1989]
The following abbreviations are used in this Chapter and are
intended to have the following meanings:
Floor area percentage.
Foot.
Gross floor area.
Maximum.
Minimum.
Square feet.
Single-family.
Square.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(2300), 11-13-1989; Ord. No. 2239 §§1, 3(17020), 8-10-1998; Ord. No. 2302 §1, 2-8-1999; Ord. No. 2450 §1, 4-11-2000; Ord.
No. 2802 §1, 3-25-2003; Ord. No. 2979 §1, 12-14-2004; Ord. No. 3318 §1, 2-12-2008; Ord. No. 3443 §1, 8-11-2009]
When used in this Chapter, the following terms shall have the
meanings herein ascribed to them:
Any pool or open tank having a water surface area greater
than thirty-six (36) feet and having at least forty percent (40%)
of the wall structure above ground level.
Having a common border with, or being separated from such
common border by, an easement.
A means of vehicular approach or entry to or exit from property.
A building which:
Is subordinate to and serves a principal building or a principal
use,
Is subordinate in area, extent, and purpose to the principal
building or use served,
Is located on the same lot as the principal building or use
served except as otherwise expressly authorized by provisions of this
Chapter, and
Is clearly customarily incidental to the principal building
or use.
|
Any portion of a principal building devoted or intended to be
devoted to an accessory use is not an accessory building.
|
A structure, the use of which is clearly customarily incidental
and subordinate to the principal building or use on the same lot.
See "Use, Accessory".
An individual trained in the art and science of planting,
caring for and maintaining individual trees and certified by the International
Society of Arboriculture (ISA).
[Ord. No. 4317, 10-14-2019]
A facility that provides residential living units in a separate
building or as part of a continuum of care facility that provides
relatively independent elderly or infirm persons with supervision,
assistance and limited health care services in a home-like atmosphere.
Services may include twenty-four (24) hour protective oversight, food,
shelter, and a range of services that promote the quality of life
of the individual. These services shall not be to the extent provided
in a skilled care or residential care facility.
Two (2) or more adjoining dwelling units, each of which is
separated from the others by one (1) or more unpierced walls from
ground to roof.
A floored and walled substructure of a building either partly
or entirely below ground level.
A room marketed, designed, or otherwise likely to function
primarily for sleeping.
The Board of Adjustment of the City of Town and Country,
Missouri.
A unit of land, together with a specified type and amount
of planting thereon, and any structures which may be required between
land uses to eliminate or minimize conflicts between them.
A lot of record which satisfies the minimum width and size requirements
of the current zoning and subdivision standards; or
A lot of record which, at the time it became a lot of record,
satisfied the minimum width and size requirements of the zoning and
subdivision standards then in effect.
|
Any buildable lot which otherwise fails to satisfy current zoning
or subdivision standards must apply for and receive any necessary
variances prior to development.
|
A structure having a roof supported by columns or walls,
for the shelter, support, enclosure or protection of persons, animals,
chattels, or property. When separated by division walls without openings,
each portion of the structure so separated shall be deemed a separate
building.
The total ground area covered by structures excluding, however,
spas, hot tubs and tennis courts without roofs, and all structures
which have a maximum height of thirty-six (36) inches or less.
The building coverage divided by the lot area, and multiplying
by one hundred (100).
Exterior wall of a building which faces a front lot line
of the lot.
The front height of a building shall be the vertical distance
from the lowest proposed finished grade of the front of the building
to a point on that vertical line which is perpendicular to the highest
point of the building, including mechanical equipment screens or pads.
The rear height of a building shall be the distance measured along
a vertical line from the lowest proposed finished grade of the rear
of the building to a point on that vertical line which is perpendicular
to the highest point of the building, including mechanical equipment
screens or pads.
A line on a lot, generally parallel to a lot line, between
which line and the lot line no structure or any part thereof may be
situated except as provided by this Chapter.
A measurement of the size of a tree equal to the diameter
of its trunk measurement four and one-half (4½) feet above
natural grade. On newly planted trees the measurement shall be one-half
(½) foot above natural grade.
A deciduous tree that reaches such a height at maturity that
its canopy provides cover or shade over understory trees.
[Ord. No. 4317, 10-14-2019]
Any transfer of the property, whether by sale or lease.
A permanent building primarily and regularly used as a place
of religious worship.
[Ord. No. 4299, 8-12-2019]
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by a group of physicians
or dentists or other professional medical persons. The word "clinic" as used herein shall include a veterinary clinic.
Single-family detached residential uses that include open
space as part of the subdivision design.
Any vehicle used in the conduct of a trade or business, whether
or not, commercially licensed.
Areas for the common use of the tenants or owners.
Any land held in common through a homeowner's association
or similar organization.
[Ord. No. 4317, 10-14-2019]
A facility licensed as such by the State of Missouri.
[Ord. No. 4581, 7-24-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 4581, 7-24-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 4581, 7-24-2023]
The Town and Country Comprehensive Plan, all accompanying
maps, charts, and explanatory material adopted by the Planning and
Zoning Commission on February 28, 1996, and all amendments thereto.
Injury to a tree caused as a result of construction activities
including but not limited to root damage caused by trenching, pulling
of roots, changes in soil grade (relocation, removal or filling of
soil), paving over roots or compaction of soil, and damage to tree
trunks or branches.
[Ord. No. 4317, 10-14-2019]
A planned community that includes a building or complex of
buildings for use as a care facility for total continuum of care including
a skilled nursing facility, a residential care facility, an assisted
living facility and independent living. Integrated associated support
services for the complex may also be a part of a "continuum
of care facility".
A retail establishment having a gross floor area of five
thousand (5,000) square feet or less associated with the sale of gasoline
products that also offers for sale prepared and prepackaged food items,
beverages and other tangible consumer goods customarily sold in grocery
stores.
[Ord. No. 4492, 2-28-2022]
See "Lot, Corner".
Sites with a minimum of three hundred (300) feet of frontage
on Highway 141, Highway I-64/40, Interstate Highway 270, or associated
roads of North Forty Drive, South Forty Drive, Des Peres Road, and
Municipal Center Drive.
A given distance from the trunk of a tree that includes the
soil area below ground that contains the tree's root structure and
the space above ground within the tree's canopy drip line or beyond.
The CRZ is protected for the viability and stability of a tree to
be retained on site in a healthy condition. The Critical Root Zone
radius equals one and twenty-five hundredths (1.25) feet for every
one (1) inch of tree diameter except in circumstances where the observed
CRZ is significantly larger or smaller, in which case on-site conditions
will take precedence.
[Ord. No. 4317, 10-14-2019]
Is the area of a tree derived by squaring the radius of the
tree and multiplying by 3.14.
[Ord. No. 4317, 10-14-2019]
See "Access".
A generic term that applies to a variety of programs offering
services that range from active rehabilitation to social and health-related
care. "Adult day care" is coordinated with, and relates
to, other agencies and services such as nursing homes, in-home services
and hospital care.
[Ord. No. 4399, 12-14-2020]
A child-care facility, as defined by Section 210.201, RSMo.,
that is licensed by the State of Missouri.
[Ord. No. 4299, 8-12-2019; Ord.
No. 4399, 12-14-2020]
An establishment where domestic animals owned by another
person are temporarily boarded. A pet day-care is distinguished from
a kennel as pets are typically boarded for the day, though overnight
boarding may be available as approved in a conditional use permit,
and the establishment may offer accessory services, such as retail
sales of pet-care supplies, and services such as dog walking and animal
grooming.
[Ord. No. 4399, 12-14-2020]
The total number of dwelling units permitted per acre of
gross buildable site area.
When a depth of property to a rear development property line
for a setback is stated, it is measured perpendicularly from the corridor
highway right-of-way to each and every specific point on the rear
development property line. In the case of lines parallel to the corridor
highway right-of-way, the setback will be a constant distance of the
stated percentage in Section 405.1050(4) herein. In the case of lines
not parallel to the corridor highway, the setback will vary on an
angle along the entire line from a maximum setback of the stated percentage
to a minimum setback of seventy-five (75) feet.
A body of water created, designed or modified, and specifically
engineered to control the discharge of stormwater.
The legal or beneficial owner(s) of a lot or site proposed
for inclusion in a development, including the holder of an option
or contract to purchase.
The division of a site into two (2) or more lots; the construction,
reconstruction, conversion, structural alteration, relocation, or
enlargement of any buildings; any use or change in use of any buildings
or land; any extension of any use of land or any clearing, grading,
or other movement of land, for which permission may be required pursuant
to this Chapter.
The diameter of a tree trunk at four and five tenths (4.5)
feet above ground. For species of trees whose normal growth pattern
is characterized by multiple stems the diameter at breast height of
each stem shall be measured and the average of all measurements shall
constitute the diameter of the tree.
[Ord. No. 4317, 10-14-2019]
The Planning Director of the City of Town and Country, Missouri
or his/her designated representative.
A section of the City of Town and Country within which the
zoning regulations are uniform.
See "Lot, Double Frontage".
The removal of surface water or ground water from land by
drains, grading, or other means. "Drainage" includes
the control of runoff to minimize erosion and sedimentation during
and after development and includes the means necessary for water-supply
preservation or prevention or alleviation of flooding.
A terrain feature, natural or manmade, between the top of
banks that define the normal high-water level serving to collect and
drain rainwater by open flow, and serving a drainage basin of at least
four (4) acres.
Also known as the canopy, it is the area of a tree circumscribed
on the ground by a vertical line extended from the outermost extremities
of the plant's branches to the ground.
[Ord. No. 4317, 10-14-2019]
See "Restaurant, Drive-In".
A room or group of rooms, providing or intended to provide
living quarters for not more than one (1) family.
Any public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than the twelfth grade, including any property owned by the public
or private school that is regularly used for extracurricular activities,
but does not include any private school in which education is primarily
conducted in private homes.
[Ord. No. 4299, 8-12-2019]
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
Living plants having green leaves throughout the entire year.
Two (2) or more persons related by blood, marriage, adoption
or guardianship, or not more than three (3) persons not so related,
occupying a dwelling unit and living as a single housekeeping unit.
A tract of cultivated land in excess of five (5) acres used
for the raising of crops.
A structure, partition or wall erected for the purpose of
providing shade or privacy screening. Shrubs, hedges, trees and other
plant material shall not be considered a fence.
The depositing on land, whether submerged or not, of sand,
gravel, earth, or other materials of any composition whatsoever.
See "Lot, Flag".
Any area subject to a one percent (1%) chance of flooding in any given year (100- year flood), as established by the provisions of Section 405.335(C).
The bottom or lower part of a room on which one stands or
the horizontal structure which divides a building into stories.
The sum of the gross floor area for each of a building's
stories measured from the exterior limits of the faces of the structure,
excluding interior loading and parking areas, basement mechanical
equipment areas, basement storage areas, atriums except the first
(1st) floor area, and roof top mechanical equipment enclosures.
An intensity measure derived by dividing the total floor
area of a building by the gross buildable site area and multiplying
by one hundred (100). Where the lot is part of a larger development
the lot area may be used instead of the site area.
The sum of the gross floor area for each of a building's stories measured from the exterior limits of the faces of the structure, including all heated, habitable area but excluding unenclosed porches and accessory structures, basements, space designed for parking of motor vehicles excepting that as defined in Section 405.345(A)(12) and second floor area open to the floor below in direct proportion to the size of the lot at a ratio of one thousand (1,000) square feet per acre.
[Ord. No. 4030 §1, 11-14-2016]
Area containing mature woodlands, and/or young woodlands.
An individual having a degree in forestry, forest management,
horticulture or landscape architecture.
That portion of a lot or site adjacent to or abutting a street.
See "Yard, Front".
A deck or building, or part thereof, used or intended to
be used for the parking and storage of motor vehicles.
A place of business where retail and wholesale products and
produce are sold to the retail consumer. These centers, which may
include a nursery and/or greenhouses, import most of the items sold.
These items may include plants, nursery products and stock, fertilizers,
potting soil, hardware, power equipment and machinery, hoes, rakes,
shovels, and other garden and farm tools and utensils.
An establishment providing sales of vehicle fuel and such
services as lubrication, oil and tire changes, and minor mechanic
repairs.
A moveable barrier attached to a permanent support structure.
A freestanding, roofed decorative structure, open on all
sides.
The ground elevation at any specific point on a site.
Any tree twenty (20) inches DBH or greater that is in fair
to good condition and is not an invasive species as defined in this
Chapter or by the Missouri Department of Conservation.
[Ord. No. 4317, 10-14-2019]
An enclosed building, permanent or portable, which is used
for the growth of small plants.
Areas of grass, trees or vegetation as well as those areas or surfaces described in Section 405.345(A)(14) and specifically excluding those areas set forth in Section 405.345(A)(15).
[Ord. No. 3759 §1, 8-26-2013; Ord. No. 4033 §1, 11-14-2016]
The total gross square footage of a site, as determined by
actual on-site survey, which remain contiguous after subtracting:
areas of the site comprising road right-of-ways; land previously designated
resource protection land in a prior development of all or part of
the site; and portions of the site located in another zoning district.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home. In the case of any such residential
home for mentally or physically handicapped persons, the exterior
appearance of the home and property shall be in reasonable conformance
with the general standards of the surrounding neighborhood. No part
of a group home shall be located within eight hundred (800) feet of
any part of another group home.
[Ord. No. 3906 §1, 6-22-2015]
Any grouping of eight (8) or more trees each having eighteen
(18) inches or greater caliper with no tree trunk further than thirty
(30) feet from any tree trunk in the group.
A financial guarantee to insure that all improvements, facilities,
or work required by this Chapter will be completed in compliance with
the ordinance, regulations, and the approved plans and specifications
of a developer.
An accessory use including any business, commercial activity,
or service for a financial consideration, conducted by members of
the family residing on the premises of the dwelling unit.
An institution providing medical and surgical care for human
beings only, for both in and out patients, and including as a regular
part of its medical service, training, research facilities and overnight-care.
Impermeable surfaces are those which do not absorb water.
They consist of all buildings, parking areas, driveways, roads, sidewalks,
and areas of concrete or asphalt.
A facility that provides residential living units as a part
of a continuum of care facility where the residents are not dependent
on others for day to day living needs.
The use of land or buildings for the purpose of selling,
breeding, boarding, or training dogs or cats or both, or the keeping
of four (4) or more dogs over four (4) months of age, or keeping six
(6) or more cats over four (4) months of age, or the keeping of more
than five (5) dogs and cats. The word "selling" as
herein used shall not be construed to include the sale of animals
four (4) months of age or younger which are the natural increase of
animals kept by persons not operating a kennel as herein defined;
nor shall selling be determined to include isolated sales of animals
over four (4) months old by persons not operating a kennel as herein
defined.
An individual trained in design and construction of sites
and landscapes and licensed as a professional landscape architect
by the Missouri Division of Professional Registration.
[Ord. No. 4317, 10-14-2019]
The graphic depiction and written specifications indicating
the planned arrangement of natural and constructed elements on the
land (plantings, ground and water forms, circulation, walkways, irrigation,
landscape lighting, etc.). All plants and trees are labeled on the
landscape plan and keyed to complete tree and plant lists. Required
elements of the Tree Protection Plan (TPP) can be included on the
landscape plan or submitted as a separate plan.
[Ord. No. 4317, 10-14-2019]
See "Buildable Lot".
A street for local traffic only, located completely within
a subdivision, and generally taking subdivision traffic only.
A parcel of land undivided by any street or private road
and accessible by means of a street and fronting on a street and occupied
by, or designated to be developed for, one (1) building or principal
use and the accessory building or uses customarily incidental to such
building, use, or development, including such open spaces and yards
as are designed and arranged or required by this Chapter for such
building, use, or development.
The area contained within the boundary lines of a lot, exclusive
of any area designated for street or common areas and any detention
area, whether wet or dry.
A lot on which the principal use is a church use.
A lot abutting two (2) or more streets at their intersection.
For the purposes of this definition, a lot shall be considered a corner
lot if it abuts one (1) street and is separated from any other street
by common ground of a subdivision that is either:
A lot having a frontage on two (2) or more non-intersecting
streets (as distinguished from a corner lot).
Lots which do not meet the minimum frontage requirements
at the setback line.
The linear distance which property abuts a public or private
street and is measured at the street lot line. When a lot has more
than one (1) street lot line, lot frontage shall be measured, and
the minimum lot frontage required by this Chapter shall be provided,
at each such line.
A line bounding a lot.
Lot line which is parallel to and most distant from the front
lot line of the lot; in the case of an irregular, triangular, or gore-shaped
lot, a line twenty (20) feet in length, entirely within the lot, parallel
to and at the maximum possible distance from, the front lot line shall
be considered to be the rear lot line. In the case of lots which have
frontage on more than one (1) road or street, the rear lot line shall
be opposite the lot line along which the lot takes access to a street.
There is only one (1) rear lot line to a lot.
Any lot line other than a front or rear lot line.
A line between a lot and a contiguous right-of-way line.
Any validly recorded lot which at the time of its recordation
complied with all applicable laws, ordinances, and regulations.
The length of the front building line, measured at the point
of the minimum street setback, between the side lot lines, generally
parallel to the street. Where there is only one (1) side lot line,
lot width shall be measured at the point of the minimum street setback,
between such lot line and the opposite lot line or future right-of-way
line. On cul-de-sac lots, lot width shall be measured along the arc
at the point of the minimum street setback.
A shopping center containing a floor area of at least four
hundred thousand (400,000) square feet on a site of at least sixty-five
(65) acres, and providing shared off-street parking for commercial
establishments and restaurants on the site.
A major roadway listed in Appendix 1 to this Chapter.
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
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" does not include industrial hemp as defined by Missouri
law, or commodities or products manufactured from industrial hemp.
[Ord. No. 4299, 8-12-2019; Ord.
No. 4581, 7-24-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 4581, 7-24-2023
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. 4299, 8-12-2019]
A facility licensed as such by the State of Missouri.
[Ord. No. 4299, 8-12-2019; Ord.
No. 4581, 7-24-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 4299, 8-12-2019; Ord.
No. 4581, 7-24-2023]
A facility licensed as such by the State of Missouri.[1]
[Ord. No. 4299, 8-12-2019; Ord.
No. 4581, 7-24-2023]
A shopping center containing a floor area greater than fifty-five thousand (55,000) square feet on a site of at least six (6) acres, but not meeting the definition of the Major Shopping Center and providing shared off-street parking as limited in Section 405.655(B) for commercial establishments and restaurants on the site.
[Ord. No. 4039 § 1, 11-28-2016]
A street not located within a single subdivision, connecting
local residential areas with major streets or with commercial areas,
excluding major streets and local streets.
A mobile structure which is: built on a permanent chassis
in one (1) unit or in two (2) units designed to be joined into one
(1) integral unit; is designed to be used for dwelling purposes rather
than recreational or travel purposes; has been or reasonably may be
transported on its own wheels or on a flatbed or other trailer to
a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations; and which is constructed so that
it may be used with or without a permanent foundation.
A building or portion thereof, designed for or occupied by
three (3) or more families or housekeeping units living independently
of each other, which is located on a single lot.
The Municipal Code of the City of Town and Country, Missouri.
Includes ravines, floodplains, mature woodlands, young woodlands
and drainageways as defined by this Chapter.
A building intended for use as a medical care facility for
persons who require constant nursing care and medical service, but
do not require intensive hospital care and is licensed by the State
of Missouri. A "nursing home" may include adult day
care.
For the purposes of nursing homes, assisted living and continuum
of care facilities only, a unit in the skilled nursing facility or
a residential care facility is defined as a "bed". In the assisted or independent living portions of the facility a
unit will be defined as in this Section.
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
That part of a lot which is open, unoccupied and unobstructed
by structures from the ground to the sky.
An area to be left undisturbed and in a natural state except for those activities specifically permitted in Section 405.335.
A regulatory measure that is the result of dividing an area
in a natural resource that is to be protected by the total area of
land in that resource category on the site and then multiplying by
one hundred (100).
An area having a ground surface consisting of concrete, asphalt,
paving blocks, bricks, gravel or other hard and/or impervious surface
material that is used for play and recreational uses. Permanent outdoor
game courts may include equipment and fencing or screening that is
permanently secured to the ground with concrete footings or other
similar attachment mechanisms or devices. An outdoor game court that
has a ground surface of ice or other temporary hard-surface material
is considered a permanent outdoor game court.
[Ord. No. 4172, 2-26-2018]
An area of grass or other natural ground surface that is
used for temporary play and recreational uses, and may include the
use of equipment such as nets, goals, trampolines, swing sets, slides,
and other similar equipment that is not permanently installed. Temporary
play and recreational equipment may be temporarily secured to the
ground, but may not be permanently attached or secured to the ground.
The use of a driveway for a use that would otherwise comply with the
definition of an outdoor game court temporary that does not interfere
with the primary use of the driveway and does not involve the enlargement
of the existing driveway surface is considered a temporary outdoor
game court .
[Ord. No. 4172, 2-26-2018]
The person or persons having legal title to, beneficial interest
in, or a contractual right to purchase a site or lot.
A paved area open to the sky for the parking of motor vehicles.
A manufactured concrete or masonry product designed to sustain
vehicular traffic with predesigned openings to accommodate the growth
of vegetation or grass. Minimum open area to be thirty-five percent
(35%).
Land that has identified natural resources that are protected
so as to be undisturbed by structures and restricted to prevent any
development by restrictive covenant.
[Ord. No. 4317, 10-14-2019]
Residential developments created under alternative zoning
procedures, which procedures allow for variation in zoning requirements
to promote economic and energy efficient subdivision design, to encourage
a variety of housing types, to encourage ingenuity and originality
in site design, to preserve open space, or to provide recreation areas,
including but not limited to residential design developments, density
developments, or planned residential community under St. Louis County
zoning regulation, shall be deemed planned residential communities
or PRCs for purposes of this Chapter.
A set quantity of canopy trees, understory trees, evergreen
trees and shrubs. Plants listed as an invasive species by the Missouri
Department of Conservation shall not be permitted to be included as
part of a plant unit.
[Ord. No. 4317, 10-14-2019; Ord.
No. 4440, 7-26-2021]
A building in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
See "Use, Principal".
A building or portion thereof or premises used primarily
by members for social or recreational purposes, including services
to members customarily incidental thereto.
Surfaces used for limited access by vehicles to one (1) residence,
and not for daily access by the public, which surfaces are part of
residential lot area, and not a right-of-way easement.
Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs as: vehicular and pedestrian circulation system, storm sewers,
flood control improvements, water supply and distribution facilities,
sanitary sewage disposal and treatment, public utility and energy
services.
A public utility use or structure such as an electric substation
or a water or gas pumping or regulating station or a telephone switching
center.
Means a Missouri resident diagnosed with at least one (1)
qualifying medical condition.
[Ord. No. 4299, 8-12-2019]
A natural and wooded area a minimum of fifteen (15) feet
deep, defined by an abrupt change of at least twenty degrees (20°)
on side slope or slopes with side walls with slopes greater than two
(2) feet horizontal to one (1) foot vertical (twenty-six and one-half
degrees (26.5°) or a fifty percent (50%) slope) and extending
ten (10) feet back from said area of abrupt change.
Any property line that is not common with the corridor highway
right-of-way line or common with another tract of land that fronts
on the highway corridor.
See "Lot Line, Rear".
See "Yard, Rear".
See "Lot of Record".
Recreational vehicles and non-vehicular campers, trailers,
pickup shells, boats, boat trailers, horse trailers, or any similar
equipment designed, constructed, or modified for recreational or travel
use.
A vehicular or portable structure without permanent foundation
which can be hauled, towed, or driven; is primarily designed as temporary
living accommodations for recreational, camping, and travel use; and
includes but is not limited to travel trailers, truck campers, camping
trailers, and self-propelled motor homes.
Intended for or occupied by one (1) or more dwellings or
living quarters.
A facility that provides twenty-four (24) hour accommodation,
board, and care for residents who need or are provided with supervision
of diets, assistance in personal care, storage and distribution or
administration of medication, supervision of health care under the
direction of a licensed physician, and protective oversight, including
care during short-term illness or recuperation.
Portions of a site that are restricted to prohibit development
or disturbance within special natural resource features by restrictive
covenant.
A food service establishment principally oriented to the
service of food, beverages, and other refreshments.
A restaurant where food, beverages or other refreshments
are available for consumption by persons who remain in their automobiles,
or which includes a drive-up or drive-through service.
An establishment whose principal business is the sale of
food, frozen desserts or beverages in ready-to-consume individual
servings, for consumption on the premises or for carry-out and where:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers,
There is no drive-up or drive-through service, and
The business is principally to serve the occupants and the employees,
customers or invitees thereof, in the same building in which the restaurant
premises is located or nearby buildings.
A restaurant principally oriented to the service of food
and beverages for consumption on the premises, and any carry-out incidental
to that principal use.
A recorded agreement to refrain from doing certain acts.
See "Subdivision".
A strip of land dedicated or transferred for roadway purposes.
See "Street".
Any exterior mounted parabolic antenna used to receive, transmit
or amplify television, radio, microwave or other electronic signals.
A satellite Earth station shall be considered a structure as defined
in this Section.
A building, or portion thereof, the primary use of which
is for education, together with the services customarily incidental
thereto.
Not visible from any street or from any adjoining property
in different ownership. Screening may be accomplished by means of
landscaping with evergreen material.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
An establishment providing personal care related services,
including, barbershops, hairdressers, tailors, salons, spas, nail
care, massage, tanning and other similar services. These uses may
also include accessory retail sales of products related to the services
provided. This definition does not include tattoo parlors, fortune
tellers, psychics and similar services.
[Ord. No. 4251, 11-26-2018]
See "Restaurant, Service".
The space between a lot line and the building line in which
no structure is permitted.
A group of commercial establishments planned, developed,
and managed as a unit with off-street parking provided on the property.
See "Lot Line, Side".
See "Yard, Side".
See Chapter 420.
A non-transportable, permanent dwelling designed for or occupied
by exclusively one (1) family or housekeeping unit.
A single-family dwelling, which is one of a series of single-family
dwellings located on individually subdivided lots or land owned in
common, including townhouses and patio houses.
A single-family dwelling which is not attached to another
single-family dwelling, and which is located on and constitutes the
principal use of a lot.
A parcel, tract or portion of land.
A facility that provides twenty-four (24) hour accommodation,
board and skilled nursing care and treatment. Skilled nursing care
and treatment services are those services commonly performed by or
under the supervision of a registered professional nurse. These services
include acts of observation, care and counsel of the aged, ill, injured
or infirm, the administration of medications and treatments as prescribed
by a licensed physician or dentist, and other nursing functions requiring
substantial specialized judgment and skill.
A heating device influenced by energy given off by the sun.
Radiant energy (direct, diffused and reflected) received
from the sun.
[Ord. No. 3759 §1, 8-26-2013]
Any device or any design feature mounted on a building or
on the ground, having the primary purpose of providing for the collection
and distribution of solar energy, which is intended primarily to reduce
the on-site consumption of energy from utility service companies.
[Ord. No. 3759 §1, 8-26-2013]
A heated container or tank containing less than seventy (70)
square feet of water surface and less than thirty-six (36) inches
from top to bottom.
Any tree having reached a size of a fifteen (15) inch or
greater caliper.
A building or land where horses are kept for remuneration,
hire, sale, boarding, riding or show.
Any building, incidental to an existing residential, principal
use, that shelters horses for the exclusive use of the occupants of
the premises.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it then the space between any floor and the ceiling
above it.
A natural watercourse depicted by a solid or dashed blue
line on the most current United States Geological Survey (U.S.G.S.)
7.5 Minute Series (Topographic) Maps for Missouri.
All surfaces used for vehicular traffic, including public
or private right-of-ways which afford the principal means of access
by vehicles to abutting properties, and excluding parking lot entrance
drives and circulating drives in non-residential developments and
private driveways in residential developments. The word "street" shall be construed to include major streets, minor streets, local
streets, roads, avenues, boulevards, alleys, lanes, viaducts and all
other public ways in the City.
See "Lot Frontage".
See "Lot Line, Street".
Any change in the supporting members of a building, such
as the bearing walls, beams, or girders, or any change in the dimension
or configuration of the roof or exterior walls.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground, including the collection panels of solar energy systems
and excepting utility poles and underground distribution or collection
of pipes or cables and the underground or ground level appurtenances
thereto.
[Ord. No. 3759 §1, 8-26-2013]
See definition of "Building Height".
Any subdivision or redivision of a subdivision, site, or
lot into two (2) or more parts. All subdivisions are also developments.
Any pool or open tank not located within a completely enclosed
building and containing or capable of containing water to a depth
of at least eighteen (18) inches and having a water surface area greater
than thirty-six (36) square feet.
See "Use, Temporary".
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects, or as a temporary office.
An area less than five thousand (5,000) square feet of woody
plant material consisting of fifty percent (50%) or more canopy trees
having six (6) inch or greater caliper.
[Ord. No. 4317, 10-14-2019]
Drawings that graphically illustrate the existing trees on
the project site, adjacent to the site and in the right-of-way. The
TPP will include graphic depictions of the Tree Protection Zones (TPZ)/tree
protection fence, Critical Root Zone (CRZ), and specific measures
to protect trees during construction or other site disruptions. Required
elements of the TPP can be included on the landscape plan or submitted
as a separate plan.
[Ord. No. 4317, 10-14-2019]
The zone around the tree that will be maintained as natural
and original conditions over the course of the development. This zone
must encompass the designated CRZ of the tree, no less than a minimum
radius of ten (10) feet. The TPZ is to be illustrated on the landscape
plan or the Tree Protection Plan (TPP).
[Ord. No. 4317, 10-14-2019]
A survey of all woodlands and clusters of trees greater than
six (6) inches in caliper.
[Ord. No. 4317, 10-14-2019]
A deciduous tree that is of a smaller size such that it resides
underneath canopy trees.
[Ord. No. 4317, 10-14-2019]
The purpose or activity for which land or any building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
An accessory use is one which:
Is subordinate to and serves a principal structure or principal
use,
Is subordinate in area, extent, and purpose to the principal
structure or use served,
Is located on the same lot as the principal structure or use
served except as otherwise expressly authorized by provisions of this
Chapter, and
Is customarily incidental to the principal structure or use.
The specific primary purpose for which land is used.
A temporary use is one established for a fixed period of
time with the intent to discontinue such use upon the expiration of
such time. Such uses do not involve the construction or alteration
of any permanent structure.
Generally, an ecosystem characterized by extensive canopy
tree cover and associated understory trees and vegetation. More particularly,
an area over five thousand (5,000) square feet of woody plant material
consisting of fifty percent (50%) or more canopy trees having six
(6) inch or greater caliper.
[Ord. No. 4317, 10-14-2019[2]]
The space between the lot line and building line in which
no structure is permitted.
A yard extending the full width of the front of a lot between
the front (street) lot line and the front building line.
A yard extending the full width of the lot in the area between
the rear lot line and the rear building line.
Yard extending the full length of the lot in the area between
a side lot line and a side building line.
[1]
Editor's Note: The former definition of "medical marijuana
testing facility," which immediately followed this definition, was
repealed by Ord. No. 4581. See now "marijuana testing facility." Prior
history includes Ord. No. 4299.
[2]
Editor's Note: Ord. No. 4317 also deleted the previously existing
definitions of Woodlands, Mature and Woodlands, Young.
