Definitions. As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
ACADEMY
Academy to teach painting, dancing, theater, music and similar
disciplines.
ACCESSORY BUILDING OR USE
A subordinate building or use customarily incidental to and
located on the same lot occupied by the main building or use, subordinate
in area, extent or purposes to the main building, limited to and contributing
to the comfort, convenience or necessity of the occupants of the main
building. An accessory building that is not part of the principal
structure shall be located not less than sixty (60) feet from the
front property line.
ACCESSORY DWELLING UNIT
A type of accessory structure, either attached or detached, which provides complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and is located on the same site as the principal residence. Accessory dwelling units are permitted subject to the criteria established in Section
405.330 of Article
II of this Chapter.
[Ord. No. 6802, 1-24-2023]
ACRE
Unit of land measure; forty-three thousand five hundred sixty
(43,560) square feet. As a square, each segment measures two hundred
eight and seventy-one hundredths (208.71) feet.
ADULT USES
Specifies the types of establishments that offer for sale
or for viewing, for any form of consideration, any books, magazines,
periodicals or other printed matter, instruments, devices or paraphernalia
that are designed for use in connection with sexual activities or
photographs, films, motion pictures, video cassettes, slides or other
visual representations that are characterized by an emphasis upon
the depiction or description of sexual activities or anatomical areas;
including massage parlors where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment or similar
treatment or manipulation of the human body is administered, unless
such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist or similar professional
person licensed by the State. This definition does not include an
athletic club, health club, school, gymnasium, reducing salon, spa
or similar establishment where massage or similar manipulation of
the human body is offered as an incidental or accessory service. Adult
uses may not be located within two hundred (200) feet of any school,
place of religious worship or any parcel in which another existing
adult use is located.
AGGRIEVED PARTY
For the purpose of standing to file permitted appeals from
decisions made in the course of administration of the City's land
use regulations, an "aggrieved party" is either:
2.
One who:
a.
Suffers a demonstrable and material adverse effect from the
decision at issue, and
b.
Is the owner or occupant of property within two hundred (200)
feet of the subject property as measured from all boundaries of the
subject property.
ALLEY
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
ALTERATION
A physical change in a structure or an addition to a structure.
The term "alteration" includes renovation, modification,
rehabilitation and restoration.
ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
Any device, array or antenna of any kind including, but not
limited to, whip antennas, panel antennas and satellite antennas that
transmits and/or receives electromagnetic signals for voice, data
or video communication purposes including, but not limited to, television,
AM/FM radio, microwave, cellular telephone and similar forms of communications,
but excluding satellite dishes and home antennas.
APPLICANT
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity.
ART GALLERY
A place or establishment for art exhibitions and sales. For
the purposes of parking regulations, an "art gallery" shall be considered a general retail use.
ATRIUM
A multiple story open area that is enclosed or partially
enclosed by glass walls or a glass roof or both.
AUTOMOBILE AGENCY
A facility used for the sale and display of automobiles both
new and used.
AVERAGE SETBACK
Where fifty percent (50%) or more of the frontage along any
block face is improved with buildings that have observed a front yard
line with a variation in depth of not more than ten (10) feet, the
average of such front yard lines shall be the minimum setback observed
in such block face in lieu of the required front yard setback. For
example, when calculating the average setback for a block face with
ten (10) homes, where nine (9) homes have setbacks ranging from twenty-five
(25) feet to thirty-five (35) feet and the remaining home has a forty
(40) foot setback, the home with the forty (40) foot setback is not
included in the calculation for the average. No front yard shall be
required to exceed the maximum of sixty (60) feet.
BALCONY
An exterior floor projecting from the wall of an upper story, enclosed by a railing or balustrade, with an entrance from the building and supported by the structure without additional independent supports. This definition has also been amended within Chapter
410.
BASEMENT
That portion of a building which is partly below and partly
above grade and having at least one-half (½) of its height
above grade.
BUFFER AREA
An area separating two (2) or more land uses from one another.
BUILDABLE AREA
That part of the lot remaining to be built upon after provision
of all required front, side and rear yards setbacks are considered.
BUILDABLE WIDTH
The width of the lot left to be built upon after the side
yard setbacks are provided.
BUILDING
Any structure, including a roof supported by walls or columns,
for the shelter, support or enclosure of persons, animals, chattels
or property of any kind, and when separated by dividing walls without
openings, each portion of such building so separated, shall be deemed
a separate building.
BUILDING BULK
The height, depth, width, density and volume of a building.
BUILDING, HEIGHT OF
The vertical distance from grade to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or
to the mean height level between eaves and ridge of a gable, hip or
gambrel roof. In the case of new construction and building additions,
building height shall be measured from existing grade prior to the
commencement of any construction.
BUILDING-INTEGRATED RENEWABLE ENERGY SYSTEM
A renewable energy system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building which contributes to the design of the building including,
but not limited to, photovoltaic or hot water solar systems contained
within roofing materials, windows, skylights and awnings.
CAFETERIA
A restaurant in which food is displayed on counters and customers
serve themselves. For the purposes of this Chapter, cafeterias which
are open to and serve the general public shall be considered a restaurant
use and must comply with all regulations applicable to restaurant
uses.
Additionally, cafeterias that are closed to and do not serve
the general public shall not be considered a restaurant use. Cafeteria
uses which are exclusively open to and serve on-site employees and/or
residents shall be deemed to be an accessory use of the principal
use.
CARRIAGE HOUSE
See "accessory dwelling unit."
[Ord. No. 6802, 1-24-2023]
CELLAR
Same as a basement, except that a cellar has more than one-half
(½) of its height from floor below grade.
CENTRAL BUSINESS DISTRICT (AS USED IN REGULATING PARKING)
The Central Business District shall be that area bounded
by the following perimeter: Beginning at the intersection between
the east most City limits and Forest Park Parkway, then west along
Forest Park Parkway, then north along Brentwood Boulevard, then west
along Forsyth Boulevard, then west behind the south property lines
of the parcels on the south side of Maryland Avenue to the west most
City limits, then north along the west most City limits, then east
to include all commercially zoned properties along the north side
of Maryland Avenue (from the west most City limits to the east side
of Central Avenue), also including all properties fronting onto Meramec
Avenue (from Maryland Avenue to Kingsbury Avenue), then east along
Maryland Avenue to Hanley Road, then south along Hanley to the alley
just north of Forsyth Boulevard, then along the alley to the east
most City limits, then south along the east most City limits to Forest
Park Parkway, as depicted by the map below; except those areas or
projects designated as planned unit developments or special development
districts.
CHILD DAY CARE HOME
A home occupied as a residence by the day care provider in
which the provision of care and supervision to children under the
age of thirteen (13) years is provided in the home by the occupant(s)
of the home to non-occupants of the home on a recurring basis, whether
or not the dwelling occupant receives compensation for such services.
A home day care shall not include the occasional hosting of a play
group.
A child day care home may be operated only in accordance with the conditions and restrictions of Article
II, Section
405.260 of this Chapter.
CHURCH
See "PLACE OF RELIGIOUS WORSHIP".
CLINIC
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by a group of physicians
practicing medicine together.
CLUB
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
COMMERCIAL VEHICLES (AS USED IN REGULATING PARKING)
Those vehicles other than employees' own vehicles parked
and used for personal transportation during normal working hours and
employed by a business for the delivery of goods and services, whether
or not they are parked on the premises overnight. In addition, where
employees' personal vehicles are regularly used for delivery of goods
to customers and loading/unloading of supplies or goods, they shall
be considered as commercial vehicles.
CONDITIONAL USE
A use allowed in a zoning district only after a permit is granted according to provisions of Article
VII of this Chapter.
CONDOMINIUMS
All the land, property and space comprising the parcel or
parcels, all improvements and structures erected, constructed or contained
therein or thereon, including the building and all easements, rights
and opportunities belonging thereto and other fixtures and equipment
intended for the mutual use, benefit or enjoyment of the unit owners,
subject to the provision of Chapter 448, RSMo., and this Chapter.
COURTYARD
An open space with or without direct street access around
which is arranged a single building or a group of related buildings.
DAY (CALENDAR DAY)
For the purposes of this Chapter, a calendar day as defined
herein. A calendar day shall be construed to mean any twenty-four
(24) hour period beginning and ending at Midnight. For the purposes
of computing any period of time prescribed or allowed by this Chapter,
the day of the act or event on which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included.
DECK
An exterior floor supported on at least two (2) opposing
sides by an adjacent structure and/or posts, piers or other independent
support.
DEVELOPMENTAL STANDARDS
Regulations and standards, including developmental standards
and use limitations as defined by the size, bulk or siting conditions
of buildings or land uses located within a designated use district.
DISGUISED SUPPORT STRUCTURE (AS USED IN REGULATING HOME ANTENNAS,
SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
Any free-standing, manmade structure designed for the support
of antennas, the presence of which is camouflaged or concealed as
an architectural or natural feature. Such structures may include,
but are not limited to, clock towers, campaniles, observation towers,
pylon sign structures, water towers, artificial trees, flagpoles and
light standards.
DISPLAY WINDOW
A window of at least eight (8) horizontal feet in length
installed in the wall of a first (1st) or second (2nd) floor of a
retail establishment fronting a street for the purpose of displaying
merchandise or products offered for sale on the premises.
DORMITORY
A building or portion thereof which contains living quarters
for students, staff or members of an accredited college, university,
boarding school, theological school, hospital, religious order or
comparable organization; provided that said building is owned and
managed by said organization.
DRUG REHABILITATION FACILITY
Inpatient or outpatient facilities for the treatment of alcohol
and other drug abuse to be operated and located as stand-alone building(s)
only.
DWELLING
Any building or portion thereof which is designed and used
exclusively for residential purposes.
DWELLING, MULTIPLE
A building or portion thereof designed and used for occupancy
by three (3) or more families each in a separate dwelling unit.
DWELLING, TOWNHOUSE
A type of multiple unit dwelling, comprised of three (3) or more attached single dwelling units erected in a row and separated from an adjoining unit(s) by a vertical party wall or other approved fire-rated wall without openings, except that basement areas used as a common garage area for the units need not have such separation. A townhouse may occupy a single platted lot (condominium) or multiple platted lots (fee simple), subject to the provisions of Section
405.280.
[Ord. No. 6509, 11-28-2017]
DWELLING, TWO-FAMILY
A building containing two (2) separate dwelling units designed
and used for occupancy by two (2) families.
DWELLING UNIT
A single unit providing complete, independent living facilities
occupied by or intended to be occupied as separate living unit by
a single family as defined herein, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
EMPLOYEES (AS USED IN REGULATING PARKING)
The regular working staff (paid, volunteer or otherwise)
at maximum strength necessary to operate, maintain or service any
given facility or use under normal levels of service. Includes the
teachers and administrators in an accredited school or degree program,
including hospital-based medical education programs.
ENCROACHMENT
An extension of a structure or use into the required setback
or public right-of-way.
ENTRYWAY (CBD DESIGN CONCEPT)
As defined in the Clayton Business Districts Master Plan,
the Forsyth corridor should serve as the spine of Clayton's Central
Business District, with the west entrance at Shaw Park and the east
entrance at the Clayton Plaza. These entrances are envisioned as greenspace
areas.
ERECT
To build, construct, install, attach, hang, place, inscribe,
suspend, affix, paint or repaint.
FACILITIES (AS USED IN REGULATING FACILITIES)
A network or system, or any part thereof, used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances, or other equipment;
provided however, that facilities shall not include individual service
drops of one hundred (100) feet or less, temporary construction facilities,
or private sewer laterals.
FAMILY
An individual or married couple and the children thereof
(by blood, marriage or adoption) and no more than one (1) other person
related directly to the individual or married couple by blood or marriage;
a group of three (3) or fewer individuals residing together in a dwelling
unit as a single housekeeping unit except in living units with four
(4) or more bedrooms (bedrooms as defined by the applicable City code),
four (4) or fewer unrelated individuals shall constitute a family.
City Code provisions regulating overcrowding shall supersede
the right to reside as a "family" as defined by this Section. The
definition of "family" shall not be construed to include hotels, clubs,
rooming houses, fraternity or sorority homes or religious congregate
living arrangements.
FENCE
A constructed barrier between portions of a lot or between
two (2) or more lots or between a lot and a public right-of-way.
FINISHED GRADE
A reference plane representing the final ground level adjoining
the building at all exterior walls. See also "GRADE".
FLOOR AREA
The gross horizontal area of each floor, including basements,
cellars and penthouses, measured from the exterior faces of a building.
Areas within a building used for parking and mechanical penthouses,
atriums and landscaped decorative pedestrian areas shall be excluded
from the measurement of floor area.
FLOOR AREA RATIO
The total floor area of all structure improvements on a lot,
divided by the area of the lot.
FRONTAGE
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot. For the purposes of determining
yard requirements on corner lots, all sides of a lot adjacent to streets
shall be considered frontage.
GARAGE, PRIVATE
An accessory building or portion of the main building designed
and used for the storage of four (4) or fewer motor-driven vehicles
owned by the occupants of the property on which it is accessory.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage,
designed or used for the short- or long-term parking of five (5) or
more motor-driven vehicles.
GRADE
A reference plane representing the average of ground level
adjoining the building at all exterior walls. When the finished ground
level slopes away from the exterior walls, the reference plane shall
be established as the lowest points within the area between the building
and the lot line or, when the lot line is more than six (6) feet from
the building, between the building and a point six (6) feet from the
building.
GROCERY STORE
A store selling food and other household goods, which may
include the sale of prepared cooked food.
[Ord. No. 6333 §1, 8-26-2014]
GROSS FLOOR AREA (AS USED IN REGULATING PARKING)
The gross floor area (GFA) of the occupied space, including
the exterior building or structure. GFA shall include all occupiable
areas minus the following deductions:
1.
Vehicular parking and loading areas within the structure.
2.
Floor area occupied by HVAC (heating, ventilating and air-conditioning),
mechanical, electrical, communications and security equipment or apparatus.
GROUP HOME
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.
GUEST
A person who occupies or has the right to occupy a residence
as a visitor for a period of thirty (30) days or less.
HEALTH CLUB
An athletic facility equipped for sports and/or physical
training, including all facilities offering personal training.
[Ord. No. 6333 §1, 8-26-2014]
HOME OCCUPATION
Any profession being conducted in a residential dwelling unit. A home occupation may be operated only in accordance with the conditions and restriction of Article
II, Section
405.300 of this Chapter.
HOSPITAL
An establishment providing physical or mental health services,
inpatient or overnight accommodations and medical or surgical care
of the sick or injured; including sanitariums.
HOTEL
A building in which lodging is provided and offered to transient
guests for compensation. Primary ingress and egress to and from rooms
is made through an inside lobby and an office is on the premises.
IMPERVIOUS MATERIAL
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
It includes, but is not limited to, surfaces such as compacted sand,
limerock or clay, asphalt concrete, driveways, retaining walls, stair
wells, stairways, walkways, decks and patios at grade level and other
similar structures. For the purposes of calculating impervious coverage,
pools and other water features shall only count at fifty percent (50%)
of the actual water area.
INSTITUTION
A building or area occupied by a non-profit corporation or
a non-profit establishment for public uses.
KINDERGARTEN, PRE-KINDERGARTEN, NURSERY
Any land, building, structure or premises used for educational
instruction and/or supplemental parental care for four (4) or more
children, either on an hourly or daily basis, with or without compensation.
KIOSK
An exterior self-standing accessory structure in a public place used for providing and disseminating information. Privately owned and operated kiosks may be approved as part of the site plan for a larger development, if the development provides adequate open space or public area. No privately owned kiosks may be placed in the public right-of-way. All privately owned or operated kiosks must comply with the provisions of Article
II, Section
405.310.
LANDSCAPED SPACE
Open space on a lot devoted to plants rooted directly in
the ground or in permanent planters.
LAUNDRY SHOP
A building or portion thereof equipped with no more than
thirty (30) automatic type laundry and drying machines.
LOADING SPACE
A space within the main building or on the same lot therewith,
providing for the standing, loading or unloading of trucks and having
a minimum dimension of twelve (12) by thirty-five (35) feet and a
vertical clearance of at least fourteen (14) feet.
LOT
A parcel of land occupied or intended for occupancy by one
(1) main building together with its accessory buildings, including
the open spaces and parking spaces required by this Chapter and having
its primary frontage upon a street or upon an officially approved
place.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT COVERAGE
The area of a site covered by buildings or roofed areas,
excluding allowed projecting eaves, balconies and similar features.
LOT, DEPTH OF
The distance between the front lot line and the rear lot
line. In the case of an irregular shaped lot, the depth of the lot
shall be the mean horizontal distance between the front and rear lot
lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT, FLAG
A lot located behind another lot, with no direct access to
the street other than a driveway or other narrow corridor.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded at the St. Louis County Recorder of Deeds, or a
lot described by metes and bounds, the description of which has been
recorded at the St. Louis County Recorder of Deeds.
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
resin extracted from the plant and marijuana-infused products. “Marijuana”
or “Marihuana” do not include industrial hemp, as defined
by Missouri Statute, or commodities or products manufactured from
industrial hemp.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
MARIJUANA CULTIVATION FACILITY
Any “medical marijuana cultivation facility” and “comprehensive marijuana cultivation facility,” as those terms are defined in Article
XIV of the Missouri Constitution.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
MARIJUANA DISPENSARY FACILITY
Any “medical marijuana dispensary facility,” “comprehensive marijuana dispensary facility,” “marijuana microbusiness facility,” and “microbusiness dispensary facility,” as those terms are defined in Article
XIV of the Missouri Constitution, licensed by the State of Missouri.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
MARIJUANA FACILITY
Any “medical marijuana cultivation facility,” “medical marijuana dispensary facility,” “medical marijuana-infused products manufacturing facility,” “comprehensive marijuana cultivation facility,” “comprehensive marijuana dispensary facility,” “marijuana testing facility,” “comprehensive marijuana-infused products manufacturing facility,” “microbusiness dispensary facility,” as those terms are defined in Article
XIV of the Missouri Constitution, and any other type of marijuana related facility or business licensed or certified by the State of Missouri.
[Ord. No. 6822, 3-28-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
pre-rolls.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
Any “medical marijuana-infused products manufacturing facility” and “comprehensive marijuana-infused products manufacturing facility,” as those terms are defined in Article
XIV of the Missouri Constitution, licensed or certified by the State of Missouri.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
MARIJUANA TESTING FACILITY
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
MIXED USE BUILDING
A building including a combination of at least two (2) of
the following components: residential uses, commercial uses or office
uses.
MOTOR VEHICLE
A vehicle which is propelled by a motor and which is used
for the purpose of carrying persons or commodities.
NON-CONFORMING USE
Any building, use or property which was not erected or established
in conformance to the provisions of the ordinance at the time of its
inception.
NON-CONFORMING USE, LEGAL
Any building, use or property that conformed to the provisions
of the ordinance at the time of its inception, but due to zoning revisions
and amendments effecting the subject zoning district no longer complies
with the permitted use and/or some other provisions of this most recently
approved Chapter.
NOTICE (PUBLIC NOTICE)
A statement concerning a pending matter before an official
body of the City of Clayton and, where applicable, proposed action(s)
to be taken in regard to the matter. The terms "notice" and "public notice" are used interchangeably.
NURSING OR CONVALESCENT HOME
A home for the aged, chronically or terminally ill in which
three (3) or more persons are provided with food, shelter and medical
care, for compensation; but does not include hospitals, clinics or
similar institutions devoted primarily to the diagnosis, treatment
or care of the sick or injured.
OCCUPANCY PERMIT
A permit issued by the City certifying that a structure conforms
to all applicable City ordinances and requirements at the time of
issuance and therefore may be used or occupied per the provisions
of this Chapter.
OCCUPIED SPACE (AS USED IN REGULATING PARKING)
An area, enclosed or covered, providing a ceiling height
of seven (7) feet zero (0) inches or more, intended for normal use
by people on an occasional or more frequent basis. "Occupied
space" may include basements, cellars, penthouses, attic
space and interior balconies or mezzanines if the space is intended
for use or habitation.
OFF-SITE
Not being on the same lot as defined herein.
OFF-STREET PARKING FACILITY (AS USED IN REGULATING PARKING)
Parking spaces located in an area other than a street or
public right-of-way and limited in use to vehicles not exceeding a
gross vehicle weight of three (3) tons and not parked continuously
for periods of more than forty-eight (48) hours. Parking facilities
include the following subclasses:
1.
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
2.
OPEN PARKING STRUCTUREA parking area or facility comprising one (1) or more floors as a part or whole of a building that meets the requirements for natural ventilation as specified by the adopted Building Code of the City.
3.
ENCLOSED PARKING STRUCTUREA parking area or facility comprising one (1) or more floors as a part or whole of a building that does not meet the adopted Building Code requirements for openness.
ON-SITE
Being on the same lot as defined herein.
OPEN AREA
The portion of a lot or property which is primarily vacant
or is improved with grass, plantings, parking or patios of which no
structure rises to an elevation of thirty (30) inches or more above
the highest curb elevation of the street(s) which bound the lot.
OVERLAY ZONE
A district in which additional requirements act to supersede
or supplement, as applicable, the regulations of the base zoning district.
PACKAGE LIQUOR STORE
A place of business primarily or exclusively for the retail
sale of alcoholic beverages in the original package for consumption
off the business property.
[Ord. No. 6333 §1, 8-26-2014; Ord. No. 6398 §1, 10-27-2015]
PARK
An open area available to the general public for recreational,
educational or scenic purposes.
PARKING LOT
Any place, lot, parcel or other street level property used
in whole or in part for parking of five (5) or more vehicles.
PARKING SPACE
A surfaced area either adjacent to the street or enclosed
within a building, which provides automobile parking. Minimum dimension
per space is nine (9) feet by eighteen (18) feet.
PARTY WALL
A common wall separating dwelling units.
PERMITTED USE
A use allowed by the regulations of this Chapter for the
district in which the use is located.
PERSON
A corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as individuals. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine, the word shall include the partners or members
thereof and, as to corporation, it shall include the officers, agents
or members thereof who are responsible for any violation of such Section.
PERSONAL CARE SERVICE
An establishment that primarily provides service generally
involving the care of a person or a person's apparel, including but
not limited to barbershop, beauty salon, tanning salon, nail salon,
clothing rental, tailor, shoe repair, dry cleaning, and drop-off or
self-serve laundries [no more than thirty (30) machines]; except tattoo
parlors.
[Ord. No. 6333 §1, 8-26-2014]
PLACE
An open unoccupied space other than a street or alley permanently
reserved as the primary means of access to abutting property.
PLACE OF RELIGIOUS WORSHIP
An institution that people regularly attend to participate
in or hold religious services, meetings or other similar activities.
The term shall not carry a secular connotation and shall include buildings
in which the religious services of any denomination are held.
PORTE-COCHERE
A large porch outside the entrance of a building under which
vehicles may be driven.
PREMISES
A lot inclusive of all buildings and structures thereon.
PRIVATE ROAD
A portion of private property configured, used and permanently
reserved as the primary means of access to abutting property.
PRIVATE SCHOOL
An institution offering general education similar to that
provided in public elementary and high schools. This does not include
nursery schools, play schools, secretarial schools or other limited-purpose
institutions.
PROPERTY
A lot, plot or parcel of land including any structure(s)
thereon.
PUBLIC INTEREST SIGNS
Signs containing information of interest to the general public,
such as weather and time information.
RENEWABLE ENERGY SYSTEMS
Equipment and appurtenances used in the production of energy
through the conversion of sun and wind energy which includes solar
energy and wind energy systems.
REPAIR SHOP, AUTO
Any premises where heavy automobile maintenance activities
such as engine overhauls, automobile painting and body fender work
are conducted.
REPLACEMENT VALUE
The estimated current cost in money for the labor and materials
necessary to restore a damaged structure to substantially the same
configuration, using substantially similar types of materials, as
existed before the damage occurred.
RESTAURANT
A business establishment providing food or drink for consumption
by customers on or off the premises, but excluding facilities for
non-commercial and incidental food services to employees or members
of an office or institution (churches, schools and hospitals) that
specifically never provides food services to the general public.
Facilities for non-commercial and incidental food that are
closed to and do not serve the general public are not required to
meet the regulations of this Chapter applicable to restaurant uses.
Such facilities which are exclusively open to and serve on-site employees
and/or residents shall be deemed to be an accessory use of the principal
use.
RETAIL ESTABLISHMENT
Including generally the sale of items such as antiques; appliance
repair; art; art supplies; bakeries and confectioneries (non-manufacturing);
bicycles; books; camera and photographic supplies; china and glassware;
clothing; coin and stamp; crafts/needlework; direct selling; discount/mass
merchandising; drapery/curtain/window coverings; fabrics and sewing
accessories; film/video rentals; floor coverings; furniture; furriers
and fur apparel; garden supply, greenhouses, nurseries, truck gardens
and orchards; gifts/novelty/souvenirs jewelry; hardware; household
appliances; key and lock; laundry/dry cleaning (pickup station only);
leather/luggage/suitcases; lighting and electrical supplies; linens/sheets/towels;
lumber, building supplies and sales display and show rooms for any
building product (including millwork, cabinets, plumbing, glass and
mirror, fencing, swimming pools/spas/hot tubs, etc.); mail order;
merchandise vending; musical instruments; optical shops; newspapers
and magazines; retail florist; paint and wall coverings; pet shops;
pharmacy/drug; printing/copy; photographic studios; pool and patio
furniture; records/audio/stereo/TV; school and office supplies; secondhand
and resale; shoes; shoe repair; small electrical appliance; specialty;
stationery; tailoring and dressmaking; tobacco; tool and appliance
rentals; toys; upholstery and/or drapery services; wholesale florists.
SATELLITE DISH (AS USED IN REGULATING HOME ANTENNAS, SATELLITE
DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
Any exterior-mounted parabolic antenna designed to receive
or transmit voice, video, data or other communications signals to
or from a satellite including, but not limited to, direct-to-home
satellite service, video programming services via multipoint distribution
services, including multi-channel multipoint distribution services,
instruction television fixed services and local multipoint services,
whether used for personal or commercial purposes.
SCREEN
Any individual or groups of shrubbery, hedges, tree(s) or
other plant growth substantial enough in height, width and dimension
to provide sight or noise barriers from the street or adjacent properties.
Additionally, any wall, fence or other solid material that surrounds
mechanical equipment, trash containers, wood compost piles or other
similar uses in yards, on roof tops, where such screening provides
a barrier to the negative impacts associated with sight, smell or
noise.
SERVICE (AS USED IN REGULATING FACILITIES)
Providing or delivering an economic good or an article of
commerce, including but not limited to gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
SERVICE STATION
Any premises where gasoline and other petroleum products
are sold and/or maintenance activities such as engine tune-ups, lubrication,
minor repairs and carburetor cleaning are conducted. Service stations
shall not include premises where heavy automobile maintenance activities
such as engine overhauls, automobile painting, body and fender work
are conducted.
SETBACK
The required minimum horizontal distance between the building
line and the related front, side and rear property lines.
SIGN
Any identification, description, illustration or device illuminated
or non-illuminated which is visible from any public place or is located
on private property and exposed to the public and which directs attention
to a product, service, place, activity, person, institution, business
or solicitation, including any emblem, painting, placard or temporary
sign designed to advertise, identify or convey information, with the
exception of window displays and national flags. For the purpose of
removal, "signs" shall also include all sign structures.
SOLAR ENERGY COLLECTOR
The component of a solar energy system containing the flat
plate or tube or other devices that absorb energy from the sun when
exposed to sunlight.
SOLAR ENERGY EQUIPMENT
The solar energy collectors, electronics, disconnects, valves,
and other appurtenances associated with a solar energy system.
SOLAR ENERGY SYSTEM
A building or ground-mounted photovoltaic, hot air, or hot
water collector device or other type of energy system which relies
upon solar radiation as the source for the generation of electricity
or transfer of stored heat.
SPECIAL DEVELOPMENT DISTRICT
Special development districts approved prior to the enactment of this Chapter shall be deemed to be the same as the existing special development district. Any enlargement, alteration or extension of an existing special development district shall be considered in accordance with Article
IX, Section
405.1320 of this Chapter.
STEPBACK
A horizontal recess of a building above a lower level.
STORAGE
The existence of any stock, vehicle, equipment or material
enclosed or unenclosed for a period of more than forty-eight (48)
hours.
STORY
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there are no floor(s)
above it, then the space between the floor and the ceiling next above
it.
STREET
A paved public or private right-of-way which provides access
to abutting properties from the front. The term includes all facilities,
which normally within the right-of-way, including such other designations
as highway, thoroughfare, parkway, expressway, road, pike, avenue,
boulevard, lane, place, court, but shall not include an alley or pedestrian
way.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders or any substantial change
in the roof or in the exterior walls, not including, however, changes
in doors or windows or alterations which affect primarily the appearance
and not the life of the structure.
STRUCTURE
A combination of materials constructed or erected at a fixed
location including, but not limited to, a building, wall, parking
deck or other such uses which require location on the ground or attachment
to something located on the ground.
TAVERNS/BARS
Establishments other than a wine bar as defined in this Section
used primarily for the serving of alcoholic beverages by the drink
to the general public and where food does not constitute at least
fifty-one percent (51%) of gross sales of the establishment. Taverns
and bars are prohibited in all zoning districts.
TEMPORARY SIGN
A sign attached to the interior of or displayed in a window
or door for a limited period, constructed of paper, cloth or similar
material in order to direct the attention of persons outside the building
to a particular sale of merchandise or a change in the status of a
business.
TOTAL HEIGHT (WIND TURBINE)
The vertical distance from average grade at the base of the
system to the tip of a wind generator blade when the tip is at its
highest point.
TOWER
Any structure that is used to support a wind turbine and
is attached to the ground.
USE
The purpose(s) or activity(ies) for which land or a building
is designed, arranged, intended or used and shall include any performances
of such activity(ies) in compliance with the requirements of this
Chapter.
USE LIMITATIONS
Regulations intended to limit or emphasize the nature and
quality of uses permitted within a zoning district.
USE REGULATIONS
Regulations which relate to a specific quantifiable use condition
such as density or intensity or to building size, bulk or sitting
conditions occurring anywhere and for any type of building located
within a given zoning district.
VARIANCE
A granting of relief from the requirements of this Chapter
to permit construction or use in a manner otherwise prohibited by
this Chapter where specific enforcement would result in an extreme
hardship or severe practical difficulty because of the shape of the
lot, topography or other natural situation not the fault of the applicant.
VETERINARY HOSPITAL/CLINIC
Facilities primarily for the practice of veterinary medicine,
dentistry or surgery for small or companion animals, which can include
accessory accommodations for overnight patients.
[Ord. No. 6527, 3-13-2018]
WHOLESALE SALE
The sale of goods, merchandise and commodities for resale.
WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine,
freestanding or attached to a structure, and associated control or
conversion electronics; provided however, that wind energy systems
in the City shall be limited to those which have a rated capacity
of ten (10) kilowatts or less and are used for on-site consumption.
WIND TURBINE
The blades and associated components mounted on top of a
tower whose purpose is to convert kinetic energy of the wind into
rotational energy used to generate electricity.
WINE BAR
A type of restaurant (as defined in this Section) with a
floor area not exceeding one thousand five hundred (1,500) gross square
feet which serves food and only beer, wine and non-alcoholic beverages
and where the sale of food consumed on the premises constitutes at
least twenty percent (20%) of gross sales of the establishment.
YARD
An open space, other than a courtyard, on the same lot with
a building, unoccupied and unobstructed by any structure or portion
thereof from the ground upward, except as otherwise provided herein.
In measuring a yard for the purpose of determining its width, the
average depth between the building and lot line shall be used.
YARD, FRONT
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the front
lot line and the main building or any projection thereof, other than
steps, uncovered balconies, uncovered porches and terraces. On corner
lots, the front yard shall be considered as parallel to the street
upon which the lot has its least dimension. An accessory building
that is not part of the principal structure shall be located not less
than sixty (60) feet from the front property line.
YARD, REAR
A yard extending across the rear of a lot measured between
the side lot lines and being the minimum horizontal distance between
the rear lot line and the main building or any projections other than
steps, uncovered balconies, uncovered porches or terraces. The rear
yard shall, in all cases, be at the opposite end of the lot from the
front yard.
YARD, SIDE
A yard between the building and the side lot line extending
between the front and rear yards, being the minimum horizontal distance
between the side lot line and the main building or any projections
other than steps, uncovered balconies, uncovered porches or terraces.
ZONING ADMINISTRATOR
The Director of Planning and Development Services or duly
authorized representative.
ZONING DISTRICT
Any section of the City for which the regulations governing
the use, height and area of buildings and property are uniform.