[R.O. 2008 §280.012; Ord. No. 1504 §§1—5, 3-25-1986; Ord. No. 1539, 4-28-1987; Ord. No. 1644 §1, 9-12-1989; Ord. No. 1684 §1, 12-18-1990; Ord. No. 1697 §§1—2, 4-23-1991; Ord.
No. 1731 §§1—2, 2-11-1992; Ord. No. 1749 §1, 6-9-1992; Ord. No. 1760 §1, 8-25-1992; Ord.
No. 2181 §§1—2, 7-22-2003; Ord. No. 2208 §1, 2-24-2004; Ord. No. 2259 §2, 11-9-2004; Ord.
No. 2319 §1, 8-8-2006; Ord. No. 2355 §1, 1-8-2008; Ord.
No. 2451 §2, 4-26-2011]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number includes the plural and the plural includes
the singular; the word "shall" is mandatory and not
directory.
The 2007 North American Industrial Classification System
as established by the United States Office of Management and Budget.
The 2007 NAICS is an industry classification system that groups establishments
into industries based on the similarity of their production process.
It is a comprehensive system covering all economic activities.
[Ord. No. 2521 §1, 7-22-2014]
A structure or use which meets all of the following criteria:
It is subordinate to and serves a principal building or a principal
use;
It is subordinate in area, extent or purpose to the principal
building or principal use served;
It contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
and
It is located on the same lot as the principal building or principal
use served.
An establishment having either ten percent (10%) or more
of:
Its stock in trade in books, photographs, magazines, films for
sale or viewing on or off the premises by use of motion picture devices,
video players, DVD players, computers or coin-operated means or other
periodicals which are distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to sex or sexual
activity or the principal purpose of which is to sexually stimulate
or sexually arouse the patron viewer or reader; or
Instruments, devices or paraphernalia that are designed or marketed
for use in connection with specified sexual activities.
Any of the establishments, businesses, buildings, structures
or facilities which fit within the definition of adult bookstore or
novelty store, adult entertainment facility, bathhouse, massage parlor
or shop and/or modeling studio.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, video tapes, DVDs
or films predominantly distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to specified
sexual activities and exotic dance facilities (regardless of whether
the theater or facility provides a live presentation, video tape,
DVD or film presentation), where the patrons either:
Engage in personal contact with or allow personal contact by
employees, devices or equipment or by personnel provided by the establishment
which appeals to the prurient interest of the patrons; or
Observe any live presentation, video tape, DVD or film presentation
of persons wholly or partially nude, unless otherwise prohibited by
ordinance, with their genitals or pubic region exposed or covered
only with transparent or opaque covering or in the case of female
persons with the areola and nipple of the breast exposed or covered
only with transparent or opaque covering or to observe specified sexual
activities.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or animals. Where dwellings
are separated from each other by a division wall without openings,
each portion of such dwelling shall be deemed a separate building.
The height of a building shall be measured from the average
elevation of the finished lot grade at the facade facing the front
yard.
The allowable minimum setback for a building or structure
from a lot line.
[Ord. No. 2574 §2, 3-8-2016]
The vertical distance measured from the average elevation
of the lot grades for the pre-existing residential lot use at each
corner of each building facade along a street side of a lot to the
highest portion of the roof. On corner lots, the height of residential
building shall be measured along each street side.
A business which engages in check-cashing operations for
a fee, as a primary or substantial element of its business and which
is not a financial institution as defined in this Chapter. Said business
shall be prohibited in all zoning districts.
The Planning and Community Design Commission of the City
of Olivette, Missouri.
A method of adding, replacing or augmenting cosmetic features
by the placement of subcutaneous pigmentation by a licensed doctor
or nurse.
An open unoccupied space, other than a yard, on the same
lot with a building and bounded on two (2) or more sides by such building.
Any unenclosed appurtenant structure which projects more
than ten (10) linear feet from a building and any portion of which
extends more than eighteen (18) inches above the ground at any point.
A deck shall be considered part of the building for the purpose of
determining yard requirements.
The total square footage of the defined area that encompasses the boundaries of property or properties proposed for development or redevelopment as identified during a site plan or community design review. The development area may include the land area in portions of a public or private right-of-way proposed to be improved, such as streetscape improvements, curb improvements, median islands, or sidewalks associated with Chapter 428, Community Design - Olive Boulevard Corridor.
[Ord. No. 2521 §1, 7-22-2014]
A section or sections of the area of the City of Olivette
for which the regulations governing the use of buildings and premises
or the height and area of buildings are uniform.
Any building or portion thereof which is designed or used
exclusively for residential purposes.
A single-family residence attached on one (1) or more sides
(or having a zero side yard setback) to another single-family residence
on a platted lot or a site within a condominium.
A freestanding building designed for and occupied exclusively
by one (1) family.
See definition for "DWELLING, TWO-FAMILY".
A building or portion thereof designed for or occupied by
more than two (2) families.
A building designed for and occupied exclusively by two (2)
families.
One (1) or more persons occupying a dwelling and maintaining a common household therein, all of whom or all but two (2) of whom, excluding servants, are related to each other by birth, adoption or marriage. This definition includes group homes, as permitted by Section 400.160 hereof, and otherwise excludes the occupation of a dwelling by one (1) or more persons where meals or lodging are made available in exchange for payment therefor.
[Ord. No. 2578 §1, 3-8-2016]
The total floor area, as hereinabove defined, of the building
or buildings divided by the area of the lot on which such building
or buildings are located.
Any building or premises used for dispensing, sale or offering
for sale at retail of any motor vehicle fuels or oils, as limited
in the remainder of this definition. No tank or receptacle used for
the storage of gasoline or motor vehicle fuel or oil shall be permitted
as part of a filling station or automobile service station unless
it is located below the surface of the ground or grade. Filling stations
shall not include the sale or storage of junk or the sale, display
or dismantling of new or used automobiles, trucks or trailers in open
areas.
A bank, credit union or savings and loan facility licensed
as such by an appropriate State or Federal agency.
The sum of the horizontal surfaces of the floors of a commercial,
industrial or multi-family building measured from the interior faces
of the exterior walls, but excluding all permanent corridors, lobbies,
air shafts, elevators, stairwells, toilets and mechanical equipment
and storage areas for the operations and maintenance of a commercial,
industrial or multi-family building. Areas devoted to off-street parking
or loading shall not be included in gross floor area.
The sum of the horizontal surfaces of the floors of a single-family
residential building measured from the exterior limits of the faces
of the building.
The sum of the horizontal surfaces of the habitable and heated
floor areas of a residential building, excluding basements, carports
and enclosed garages, as measured from the exterior limits of the
faces of the building and including any upper floor areas open to
the floor below, divided by the total lot area.
All the property on one (1) side of the street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street or, if the street is dead-ended, then all the
property abutting on one (1) side between an intersecting street and
the dead-end street.
An accessory building housing motor-driven vehicles, the
property of and for the use of the occupants of the lot on which the
private garage is located; provided however, that said vehicles shall
not include contractors' equipment, gasoline trucks and similar vehicles
not ordinarily used incidental to domestic activities.
Any home in which reside eight (8) or fewer mentally or physically handicapped persons, and up to two (2) additional persons acting as houseparents or guardians, none of whom need to be related to each other, as permitted by Section 400.160 hereof.
[Ord. No. 2578 §1, 3-8-2016]
Any occupation, business or commercial activity carried on
at the premises by a member of the immediate family residing on the
premises and no more than one (1) non-related employee, which use
is otherwise in compliance with the zoning ordinance, provided the
following uses are forbidden:
Dog grooming;
Provision of care, instruction or training of more than two
(2) children at one (1) time, not including the occupants of the home,
whether or not for profit;
Any wholesale, jobbing or retail business unless it is conducted
entirely by mail and/or telephone and does not involve the receipt,
sale, shipment, delivery or storage of merchandise on or from the
premises;
Any manufacturing business;
Any repair shop operating on or from the premises;
A clinic or hospital;
A barbershop or beauty parlor;
A stable, animal hospital, dog kennel or dovecote;
A restaurant;
Any activity that produces noxious matter or employs or produces
flammable matter; and
Any occupation which involves the use of any mechanical equipment
other than what is usual for purely domestic or hobby purposes or
what is usual for a small business, professional or medical office.
Any place for the treatment or care of human ailments only,
including sanitarium, nursing, convalescent or rest home or other
such place of treatment or care, but not including clinic or institution
for the contagious, mental patient, drug addict, liquor addict or
insane or other types of cases which would necessitate physical restraint.
A building in which lodging is provided to the public primarily
on a transient basis.
A lot which is part of a subdivision, the plat of which has
been approved by the City and recorded in the office of the Recorder
of Deeds of St. Louis County or a parcel of land which was legally
approved and the deed recorded in the office of the Recorder of Deeds
of St. Louis County prior to the adoption of the zoning ordinance.
[Ord. No. 2574 § 2, 3-8-2016]
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) or more principal
buildings together with their accessory building(s), the open spaces
and parking spaces required by this Chapter and having their principal
frontage upon a street or an officially approved place.
[Ord. No. 2574 § 2, 3-8-2016]
The percentage of the lot area covered by the total horizontal
projected surface ("footprint") of all buildings, including the main
building and any roofed accessory structure, but excluding unenclosed
front porches.
[Ord. No. 2574 § 2, 3-8-2016]
The legally defined boundary or limit of a lot, tract or
parcel of land.
[Ord. No. 2574 § 2, 3-8-2016]
The lot line which abuts a public or private street, road,
or place. On a corner lot, each lot line abutting a public or private
street, road, or place is considered a front lot line. On a double
frontage lot, each lot line abutting a public or private street, road,
or place is considered a front lot line unless access is restricted
from an abutting public or private street, road, or place in which
case the lot line with restricted access shall be deemed a rear lot
line. On a flag lot or lot in which no lot line abuts a defined public
or private street, road, or place, the front lot line is considered
the nearest perpendicular lot line intersecting with the principle
means of access to the lot, tract or parcel of land.
[Ord. No. 2574 § 2, 3-8-2016]
That lot line which is most nearly parallel to and most distance
from the front lot line. 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.
[Ord. No. 2574 § 2, 3-8-2016]
Any lot line other than a front lot line or rear lot line.
[Ord. No. 2574 § 2, 3-8-2016]
On an interior lot, the horizontal distance between the side
lot lines measured along the established building line from the front
lot line. On a corner lot, the horizontal distance between the front
lot line having the greatest dimension and the lot line lying most
nearly opposite, measured along the established setback from the front
lot line.
[Ord. No. 2574 § 2, 3-8-2016]
A lot abutting upon two (2) or more streets at their intersection.
[Ord. No. 2574 § 2, 3-8-2016]
On an interior lot, the mean horizontal distance between
a front lot line and the lot line most nearly opposite. On a corner
lot, the mean horizontal distance between the front lot line having
the least dimension and the lot line lying most nearly opposite.
[Ord. No. 2574 § 2, 3-8-2016]
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
[Ord. No. 2574 § 2, 3-8-2016]
Any lot, including a double frontage lot, other than a corner
lot.
[Ord. No. 2574 § 2, 3-8-2016]
An establishment which has a fixed place of business having
a source of income or compensation which is derived from the practice
of any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulation of external parts
of the human body with the hands or with the aid of any mechanical
electric apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotion, ointment or other similar preparations commonly used in the
practice of massage under such circumstances that is reasonably expected
that the person to whom the treatment is provided or some person on
his/her behalf will pay money or give any other consideration or gratuity;
provided that this term shall not include any establishment defined
in this Code or operated or supervised by a medical or chiropractic
practitioner or professional physical or massage therapist licensed
by the State of Missouri.[1]
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing or otherwise. This does
not apply to public or private schools in which persons are enrolled
in a class.
Any vehicle propelled or drawn by mechanical power.
Any commercial use or activity which as a principal part
of its operations provides goods or services to motor vehicles or
occupants of motor vehicles in a short time span or which provides
goods or services to occupants of motor vehicles remaining within
the vehicles. Such uses shall include, at minimum, convenience stores,
filling stations and automobile service stations, whether singly or
in combination.
Any building or land lawfully occupied by a use at the time
of the passage of this Chapter or amendments thereto, which does not
conform after the passage of this Chapter, or any amendments thereto,
with the use regulations of the district in which it is situated.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
The location at which, or premises in which, a pawnbroker
regularly conducts business. Pawnshops shall be prohibited in all
zoning districts.
Any place or facility where body piercing, including piercing
any part of the body or head, is performed as a primary or substantial
element of its business. Piercing studios and establishments shall
be prohibited in all zoning districts.
An association of persons, whether incorporated or unincorporated,
organized for some common purpose, but not including a group organized
either solely or primarily to render a service customarily carried
on as a commercial enterprise; provided however, that the activities
of such association shall not be in violation of any Federal, State,
County or municipal laws.
A business establishment providing for the preparation of
or sale of prepared food or drink for consumption by customers on
or off the premises, but excluding facilities for non-commercial and
incidental or occasional food service for the employees, patrons or
members of an office or institution (such as churches, schools and
hospitals) which are not open to or available for use by the general
public and also excluding not-for-profit private, religious or eleemosynary
associations or clubs.
Any establishment whose principal use is the sale of foods,
frozen desserts or beverages in ready-to-consume individual servings
for consumption either within the restaurant building or for carry-out
and where either:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers and
where customers are not served their food, frozen desserts or beverages
by a restaurant employee at the same table or counter where the items
are consumed; or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
A temporary store which displays and sells products and services
primarily outside of a permanent building or structure, limited to
the selling and delivering of goods, wares, merchandise and services
associated with gardening, farming, and landscaping. This excludes
the sale of any meats, dairy, packaged food, and beverage items not
intended for immediate consumption. A seasonal garden center is limited
to one hundred twenty (120) consecutive days of operation. No seasonal
garden center may be located on the same property, nor shall a seasonal
garden center be granted to a person, persons, or corporation more
than once per calendar year.
A requirement for where a building or structure may be placed
on a lot establishing a distance from front, side, and rear lot lines.
The land area within the setback establishes yard areas kept free
of buildings and structures. It is also referred to as a setback requirement,
or a setback line.
[Ord. No. 2574 § 2, 3-8-2016]
The linear setback from the front lot line established in
the underlying zoning district. Unless noted, no building or structure
is generally permitted in the front yard setback.
[Ord. No. 2574 § 2, 3-8-2016]
The linear setback from the rear lot line established in
the underlying zoning district. Unless noted, no building or structure
is generally permitted in the rear yard setback.
[Ord. No. 2574 § 2, 3-8-2016]
The linear setback from the side lot line established in
the underlying zoning district. Unless noted, no building or structure
is generally permitted in the side yard setback.
[Ord. No. 2574 § 2, 3-8-2016]
A business engaged in providing short-term loans to the public
as a primary or substantial element of its business and which is not
a financial institution as defined in this Chapter. Short-term loan
establishments shall be prohibited in all zoning districts.
Includes the following acts:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, or sodomy; or
Excretory functions as part of or in connection with any of
the activities set forth in this definition.
Refers to the Olivette Strategic Plan: Dynamic Sense of Place,
as adopted on August 17, 2006, and as subsequently amended.
[Ord. No. 2521 §1, 7-22-2014]
All property either dedicated or intended for a public or
private street, highway, freeway or roadway or subject to easements
therefor.
A dividing line between the lot, tract or parcel of land
and a contiguous street or place.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any substantial
change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground including, but without limiting the
generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, pergolas, radio towers, memorials and ornamental
structures. The word "structure" includes the word "building".
Any method of placing designs, letters, scrolls, figures
or symbols upon or under the skin with ink or colors by the aid of
needles or instruments. Cosmetic micro-pigmentation shall not be considered
"tattooing" as that term is used in this Chapter.
Any place or facility where tattooing is performed. Tattooing
establishments shall be prohibited in all zoning districts.
A temporary structure for uses incidental to construction
work.
A group of three (3) or more attached single-family dwellings
separated by party, common or lot line walls and each having private
entrances.
A facility for the treatment of animal ailments which includes
facilities for overnight patients.
The space between the lot line and building line in which
the placement of a building or structure is restricted.
[Ord. No. 2574 § 2, 3-8-2016]
A yard extending across the full width of a lot and being
the minimum horizontal distance between a front lot line and the established
front yard setback. On a corner lot, each yard lying between an established
front yard setback and the intersecting streets shall be deemed a
front yard. On a double frontage lot, a yard bounded by the street
providing the principal access to the lot shall be deemed a front
yard.
[Ord. No. 2574 § 2, 3-8-2016]
A yard extending across the full width of a lot and being the minimum horizontal distance between the rear lot line and the established rear yard setback. On an interior lot, a yard lying at the opposite end of the lot from a front yard shall be deemed a rear yard. On a corner lot, a yard lying at the opposite end of a lot from the street upon which the lot has its least dimension shall be deemed a rear yard. For accessory structures under Article XVI, the area of the rear yard in residentially zoned districts is used to determine the maximum permitted site coverage.
[Ord. No. 2574 § 2, 3-8-2016]
On an interior lot, a yard between the side lot line and
the established side yard setback, extending between the front yard
setback to the rear yard setback or, absent either front yard setback
or rear yard setback, to the front lot line or the rear lot line,
as applicable. For the purpose of establishing the required minimum
side yard, on a corner lot, the side yard shall be considered as lying
at the opposite end of the lot from the street upon which the lot
has its greatest dimension.
[Ord. No. 2574 § 2, 3-8-2016]
