[Ord. No. 3674-05 §§1—3, 8-17-2005]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them in this Chapter.
Words used in the present tense shall include the future; the singular
number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory.
[Ord. No. 3674-05 §§1—3, 8-17-2005; Ord. No. 3698-05 §§1—2, 11-16-2005; Ord. No. 4092-10 §1, 5-19-2010; Ord. No. 4158-11 §1, 7-6-2011; Ord.
No. 4211-12 §1, 5-16-2012; Ord. No. 4212-12 §1, 5-16-2012]
As used in this Chapter, the following terms shall have these
prescribed meanings:
To cease or discontinue a use or activity
without intent to resume the use or activity, but excluding temporary
or short-term interruptions to a use or activity during periods of
remodeling, maintaining or otherwise improving or rearranging a facility.
A discontinuance of use for a period of six (6) months or greater
shall be prima facie proof of abandonment.
Having a common border with or being separated from such
a common border by a right-of-way, alley or easement.
A use or structure that:
Is subordinate and incidental to and serves a principal building
or use;
Is subordinate in area, extent and purpose to the principal
building or use;
Contributes to the comfort, convenience or necessity of the
occupants, business or industry of the principal structure or use
served; and
Is located on the same lot as the principal structure or use.
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Where a part of the wall of an accessory building is a part
of a main building or where an accessory building is attached to a
main building by a roof, such accessory building shall be considered
as part of the main building.
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An establishment having ten percent (10%) or more of its
stock 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.
An establishment operated by any person or organization,
with or without compensation, providing daytime care, supervision,
or oversight for more than four (4) adults who are elderly, physically
ill or infirm, physically handicapped, or functionally impaired and
who are not all related to the care provider as defined in Section
600.400 et seq., RSMo. No person shall operate an adult day care facility
without a valid and current license granted by the State of Missouri
Department of Health and Senior Services. Adult day care facilities
may not offer night or overnight services.
Any of the establishments, businesses, structures or facilities
which fit with the definition of adult bookstore, adult entertainment
facility, bathhouse, massage parlor 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 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 as that term is defined in Section 605.010.
For the purpose of standing to file permitted appeals relating
to administration of the City's land use regulations in accord with
this Chapter, a party is "aggrieved" if that party is either:
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
Any change, addition or modification in construction or occupancy
of an existing structure.
The sale or offering for sale of cartridge cases, primers,
bullets, or propellant power designed for use in any firearm.
[Ord. No. 4824-21, 6-16-2021]
Any establishment having four (4) or more
mechanical or electronic amusement devices for use or operation by
the public or any establishment deriving over one-half (½)
its gross income from the utilization of mechanical or electronic
devices.
Any establishment licensed by the City of Hazelwood to operate
a business other than an amusement center or arcade, having four (4)
or more mechanical or electronic amusement devices for use and operation
by its patrons and deriving less than one-half (½) its gross
income from the utilization of mechanical or electronic devices.
A room or suite of rooms, with toilet and culinary accommodations,
used or designed for use as a residence located in a building containing
two (2) or more such rooms or suites.
A building or portion thereof, designed for and occupied
as dwelling units, where occupants are provided care and assistance
by on-site staff with daily activities and support services such as,
but not limited to, meals, shuttle services, recreational activities,
medical care and similar services. Occupancy of said dwelling shall
be limited to a maximum of two (2) persons per dwelling unit.
A place of assembly, open to the public and operated for
profit, where dances, parties, receptions and other gatherings are
held. Banquet halls may provide live entertainment, may serve alcoholic
beverages and may serve catered meals when the owner or operator holds
the appropriate licenses and permits.
A structure partly or wholly underground.
A basement shall be counted as one (1) story for the purpose of height
measurements and regulations where more than one-half (½) of
its height is above the average level of the adjoining ground.
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.
[Deleted.] See "SHORT-TERM RENTAL"
[Ord. No. 4529-17 § 1, 3-15-2017; Ord. No. 4547-17 § 1, 5-17-2017]
The Hazelwood Board of Adjustment.
A landscaped area intended to separate
and partially obstruct the view of two (2) adjacent land uses or properties
from one another.
The width of the lot remaining to be built upon after the
required side yards are provided.
Any structure having a roof supported by columns or walls
built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind, but not including any vehicle, trailer (with
or without wheels) nor any movable device, such as furniture, machinery
or equipment. When any portion of a building is completely separated
from any other portion thereof by a division wall without openings
or by a fire wall, then each such portion shall be deemed to be a
separate building. The word "building" shall include
the word "structure".
The Building Code and all amendments adopted thereto by the
City.
The vertical distance from the adjacent average elevation
of the finished grade to the highest point of the roof copping for
flat roofs; or to the deck line of a mansard roof; or to the mean
height level between eaves and ridge for gable, hip and gambrel roof.
A line (also called a setback) parallel to a street right-of-way
line or other property line and which prohibits the erection of any
portion of a structure, except as otherwise provided for in this Chapter,
between such line and the right-of-way or property line.
A permit issued by the Zoning Enforcement
Officer (Director of Public Works) prior to the initiation of construction,
certifying that the plans for the building, structure or site improvements
for which the building permit is requested satisfy all applicable
City regulations, ordinances and Statutes.
An independent, ground-supported, roofed
structure with totally open sides.
Any one (1) or two (2) adult persons, residing upon real
estate for the purpose of protecting the interest of such real estate,
one (1) of which shall be employed upon those premises.
A roofed structure permanently open on
at least two (2) sides, either attached to the main dwelling unit(s)
or accessory to a dwelling unit(s), designed for the purpose of providing
shelter for the occupancy of one (1) or more motor vehicles only.
An area of land and/or building with machine or hand-operated
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
A story having more than one-half (½) of its height
below grade.
A statement signed by the appropriate City Official determining
a building or structure complies with the City of Hazelwood's Zoning
Ordinance or that a building, structure, lot or parcel may lawfully
be occupied for specified uses or both.
A business engaged in check-cashing operations for a fee,
as a primary or substantial element of its business, and which is
not licensed by the appropriate State or Federal agency as a banking
or savings and loan facility.
A facility where care, protection and supervision are provided
during the daytime for compensation on a regular schedule, at least
twice a week, to more than four (4) children who are not related within
the third degree by blood, marriage or adoption to the person providing
such care. No person shall operate a child or day care center without
a valid and current license granted by the State of Missouri, Department
of Health and Senior Services, pursuant to Section 210.211, RSMo.
A private residence where care, protection and supervision
are provided during the daytime for compensation, at least twice a
week, to no more than four (4) children at one time who do not reside
in the caretaker's residence and are not related by blood or marriage
to the caretaker.
The City of Hazelwood.
An establishment, other than a hospital, where patients are
not lodged overnight but are admitted for examination and treatment
on an out-patient basis for medical, surgical, dental, chiropractic,
optical or emergency treatment services.
A building or a portion of a building intended to be used
as a center of informal association for a selective membership not
open to the general public.
A motor vehicle or trailer which is licensed at eighteen
thousand (18,000) pounds or greater and is licensed as a commercial
vehicle or is used primarily for business, commercial or industrial
enterprises or features signage advertising a commercial enterprise
or business or is identified by the type of equipment or cargo it
carries or carries ten (10) or more persons or products for hire or
is equipped with equipment generally associated with a commercial
or industrial business or enterprise including, but not limited to,
ladder racks, plow blades, external fuel tanks, chemical spraying
devices and/or similar devices indicating commercial use of the vehicle.
The Hazelwood City Plan Commission.
An area of open space within a residential subdivision intended
for the sole use and enjoyment of the property owners of the subdivision.
An estate in real property consisting of an undivided ownership
interest in common with other purchasers in a portion of a parcel
of real property, together with a separate ownership interest in space
in a residential or commercial building. Real estate is not a condominium
unless the undivided interest in the common elements are vested in
unit owners (see "Dwelling, Group").
Any retail establishment offering for sale prepackaged food
products, household items and other goods commonly associated with
the same and having a gross floor area of less than five thousand
(5,000) square feet. The sale of ready-to-consume prepared foods is
permitted as an accessory use when the interior space of the establishment,
or any portion thereof, is not used for a serving area or seating/consumption
area. Motor fuel shall not be sold or dispensed on the premises and
shall not be considered an accessory use.
Same as "convenience store", except includes
sale or dispensing of motor fuel on the premises.
A method of adding, replacing or augmenting cosmetic features
by the placement of subcutaneous pigmentation by a licensed doctor
or nurse.
The Hazelwood City Council.
St. Louis County.
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 restaurant, bar, hotel or motel, club or lodge, nightclub,
or other gathering place open to the public, whether or not admission
is charged, wherein ten percent (10%) or more of the floor area is
designed, available or used for dancing by patrons or employees to
the accompaniment of live or recorded music on a recurring basis.
This shall not include: (a) dance academies, schools, or studios where
dancing is permitted only by students and instructors engaged in dancing
instruction; (b) public or private academic schools (as defined in
this Section) which host dances solely for students and their guests
or other adult-supervised youth organizations; (c) City or other governmental
facilities that occasionally host dances; nor (d) hotels, motels,
restaurants or banquet facilities (all as defined in this Section)
that rent enclosed banquet rooms or space for private parties and
collect a fee based substantially on food sold in conjunction with
rental of the facility. Dancing establishments are prohibited in all
zoning districts.
[Ord. No. 4889-22, 4-20-2022]
The Hazelwood Department of Public Works.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The Director of Public Works of the City of Hazelwood.
A part or parts of the City of Hazelwood
for which the Zoning Ordinance regulations governing the development
and use of the land and buildings, including height, area, setback
and other requirements, are similar.
Any portion of a building or structure
from which business is transacted, or is capable thereof, directly
with customers located in a motor vehicle during such business transactions.
A facility primarily for the treatment, either on an out-patient
basis or as a residential center, of the abuse of alcohol or other
drugs. Such facility shall not be permitted within twenty-five hundred
(2,500) feet of another drug abuse treatment facility or within twenty-five
hundred (2,500) feet of any residentially zoned property.
A surface consisting of asphaltic concrete or Portland cement
concrete. Any variation shall be allowed only upon approval of the
Director of Public Works.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A dwelling situated on one (1) lot occupied exclusively by
four (4) families, respectively, in separate dwelling units living
independently of each other.
One (1) or more buildings, not more than two and one-half
(2½) stories in height, containing dwelling units and arranged
around two (2) or three (3) sides of a court which opens into a street
or a place approved by the Council, including singe-family, two-family,
row or multiple dwellings.
A dwelling situated on one (1) lot occupied
by three (3) or more families in separate dwelling units living independently
of each other. The term "multiple-family dwelling" includes the terms
"apartment", "apartment house", "garden apartment" and "town house
apartment".
A building designed for or occupied exclusively by one (1)
family or such other combination of individuals as may be required
by law to be classified as constituting a use included within the
definition of a "single-family dwelling". This term also includes
the term "single-family residence".
Two (2) single-family dwellings sharing a common wall but
situated on separate lots designed to be occupied exclusively by separate
families.
A detached dwelling situated on one (1)
lot designed to be occupied exclusively by one (1) family.
A dwelling situated on one (1) lot occupied exclusively by
three (3) families, respectively, in separate dwelling units living
independently of each other.
A dwelling situated on one (1) lot occupied exclusively by
two (2) families, respectively, in separate dwelling units living
independently of each other.
A property right such as that of access created by grant,
agreement, reservation or other conveyance which one (1) party has
in the land of another party.
Criteria established to control various
environmental factors such as noise, odor, dust, smoke, toxic or noxious
matter, vibration, fire and explosive hazards and glare and heat generated
by or inherent in the use of land or buildings.
An amount equal to the estimated cost of improvements, or
damage to existing improvements, deposited by the developer(s) with
the City to be held by a bank and to be periodically released until
completion and inspection of all improvements.
An agreement between the City of Hazelwood and the developer
guaranteeing installation and completion of all on-site and off-site
improvements by the developer.
One (1) or more persons related by blood, adoption, legal
guardianship, including foster parents with no more than seven (7)
foster children, or marriage, living and cooking together as a single,
not-for-profit housekeeping unit exclusive of household servants;
or any combination of related or unrelated persons, but not exceeding
four (4), living and cooking together as a single not-for-profit housekeeping
unit, shall be deemed to constitute a family.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain, and their storage on the
area and/or for the raising thereon of the usual farm poultry and
farm animals, such as horses, cattle, sheep and swine. The term "farming"
includes the operating of such an area for one (1) or more of the
above uses with the necessary accessory uses for treating or storing
the produce; provided however, that the operation of such accessory
uses shall be secondary to that of the normal farming activities and,
provided further, that farming does not include the feeding of collected
garbage or offal to swine or other animals.
Federal Emergency Management Administration.
A structure, partition or wall erected for the purpose of
enclosing a piece of land or to separate two (2) contiguous pieces
of land. Shrubs, hedges or trees are not considered a fence under
this Chapter.
An office establishment or business primarily engaged in
the provision of financial and banking services. Typical uses include
banks, savings associations, savings and loan institutions, stock
and bond brokers, loan and lending activities in conjunction with
the receipt of deposits, certified financial planning, accounting
and auditing, bookkeeping and similar services. Financial services
does not include pawnshops, title loan establishments or other establishments
providing short-term consumer loans secured by personal property,
certificates of title to such property, estimated tax refunds or other
such collateral or businesses primarily engaged in check cashing or
issuing money orders.
An occasional or periodic commercial sales
activity held within a building, structure or open area where marketing
of secondhand articles, antiques, handcraft type articles, homegrown
products or other goods occurs and which may include the selling of
goods at retail by businesses or individuals who are generally engaged
in retail trade, but not to include private garage or yard sales and
charitable or church- and school-related sales activities. Such sales
activity is limited to one (1) such occurrence within any twelve (12)
month period by the same individual(s) organization or sponsor at
any one (1) location. No materials or display equipment may be brought
on site prior to the date of the sale and shall be removed by the
end of the last day of the sale. No structures and/or display areas
shall be established without approval of the Zoning Enforcement Officer.
The area of land adjoining the channel of a river, stream,
creek, lake or other body of water which is subject to a one percent
(1%) or greater chance of flooding in any given year, as defined by
the U.S. Corps of Engineers and required by the National Flood Insurance
Act and as identified on the Flood Insurance Rate Map (FIRM) (also
termed the area of special flood hazard by the Federal Emergency Management
Agency). The 100-year floodplain shall also include such areas that
may be determined by the City to have actual flooding or flood risk,
but due to flood course or topographic changes or clerical error has
been mistakenly omitted from designation on the FIRM.
The total number of square feet of floor space measured from
the interior faces of the exterior walls of a building, not including
space in stairwells, elevator shafts, cellars or basements; however,
if the cellar or basement is used for business or storage purposes,
it shall be counted as floor area in computing off-street parking
requirements.
The sum of the floor area of all buildings on any lot divided
by the land area.
All the property on one (1) side of a street or road between
two (2) intersecting streets or roads (crossing or terminating), measured
along the line of the street or road or if the street or road is dead-ended,
then all of the property abutting on one (1) side between an intersecting
street or road and the dead-end of the street or road.
A use of property, carried on exclusively in a suitably designed
structure, consisting of the parking and/or storage of commercial
vehicles or other equipment, including construction equipment, owned
by the occupant of the property on which the garage is located or
owned by persons other than the occupant of the property on which
the garage is located. No compensation shall be paid to the property
owner or occupant directly or indirectly in consideration for the
parking or storage of vehicles. If the owner and/or occupant of the
property receive any direct or indirect compensation or remuneration
in consideration for permitting the parking or storage of vehicles,
the activity is that of a "vehicle parking garage (paid)" as defined
elsewhere in this Code of Ordinances.
A detached accessory building, or portion of the main building,
housing the automobiles and personal property of the occupants of
the premises.
Any building or premises used only for housing of self-propelled
vehicles pursuant to previous arrangements and/or for transient storage
and at which fuel and oil are not sold and self-propelled vehicles
are not equipped, repaired, hired or sold.
The average level of the finished surface of the ground between
the exterior walls of the building and the lot line, except when any
wall approximately parallels and is not more than five (5) feet from
a lot line, then the elevation of the street at the center of the
wall adjacent to the street shall be grade.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside and may include a maximum of
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 accordance with Section
89.020, RSMo.
A person or establishment that sells, brokers, transfers,
builds, repairs, or customizes firearms or firearm accessories.
[Ord. No. 4824-21, 6-16-2021]
Any structure that is:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district;
Individually listed on a State Inventory of Historic Places;
or
Individually listed on a local Inventory of Historic Places
in the City of Hazelwood.
Any occupation, profession or activity that is a customary,
incidental and secondary use of a residential unit carried on by a
member of the immediate family residing on the premises, in connection
with which there is used no sign other than a nameplate not more than
one (1) square foot in area or no display that will indicate from
the exterior that the building is being utilized in whole or in part
for any purpose other than that of a dwelling and which does not alter
the exterior of the property or affect the residential character of
the neighborhood; there is no commodity sold upon the premises; no
person is employed other than a member of the immediate family residing
on the premises; no unusual traffic is generated; and no mechanical
equipment is used except such as is permissible for purely domestic
household purposes. No use requiring a Special Land Use Permit in
any district may be utilized as a home occupation. Group homes operated
on a for-profit basis and the provision for placement and care of
four (4) or fewer children who are not related within the third degree
by blood, marriage or adoption to the person providing such care in
a home are not considered to be home occupations.
An institution providing primary health services and medical
or surgical care to both inpatients and outpatients, with overnight
inpatient accommodations. Drug abuse treatment facilities shall not
be considered within the definition of a hospital or medical institution.
A building in which lodging or lodging and meals is provided
and offered to the public for compensation and which is open to transient
guests or which will accommodate more than twelve (12) persons for
lodging.
Those portions of property which have been altered from its
natural state by the addition to or construction thereon of any hard
surfaced area which prevents or retards the entry of water into the
soil in the manner and to the extent that such water entered the soil
under natural conditions pre-existent to development, or which causes
water to run off the surface in greater quantities or at an increased
rate of flow than was present under natural conditions pre-existent
to development, including, but not limited to, rooftops, asphalt or
concrete sidewalks, paving, driveways and parking lots, walkways,
patio areas, storage areas, and gravel, oiled macadam or other surfaces
which similarly affect the natural infiltration or runoff patterns
of real property in its natural state.
A planned, coordinated development of one (1) or more lots
with two (2) or more separate buildings with industrial and related
activities planned, designed, constructed and managed on an integrated
and coordinated basis with special attention given to on-site planning
standards, including vehicular circulation, parking, landscaping,
open space, aesthetics, building design and orientation and infrastructure.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions,
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and/or distribution of such products.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
An open or enclosed area in which waste material, used or
secondhand materials or inoperative vehicles and other machinery are
collected, stored, salvaged or sold.
An establishment licensed to operate a facility housing dogs,
cats or other household pets and where boarding, grooming, breeding,
training or selling of animals is conducted as a business.
Any building, buildings or land designed or arranged for
the care of dogs and cats belonging to the owner of the principal
use, kept for purposes of show, hunting or as pets and for which commercial
gain is not the primary objective.
A business that provides individual washing, drying or ironing
machines for hire on a commercial basis to be used by customers on
the premises.
A luxury passenger vehicle specially designed
and constructed to be operated by a hired chauffeur, generally characterized
by the driver and passenger compartments being partitioned from one
another, offering extended passenger space and amenities beyond those
found in taxis, public or commercial buses or passenger vehicles for
typical domestic and household use.
A business providing chauffeur-driven limousines
for short-term hire by the general public on an appointment or reservation
basis. It does not include the operation of a taxi or bus service.
A space within the main building or on the same lot providing
off-street space for the loading and unloading of freight, materials
and products in connection with the use of the property on which the
space is located.
A parcel of land intended to be separately owned, developed
and otherwise used as a unit under single ownership and which may
consist of a single lot of record or a part or combination of one
(1) or more lots of record.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall have two (2) front yards and one (1) side yard
and one (1) rear yard.
The mean horizontal distance between the front and rear lot
lines. On corner lots the lot depth shall be the largest mean horizontal
distance between any two (2) opposite lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A non-corner lot.
A line dividing one (1) lot from another lot or from a street
or alley right-of-way line.
A lot, the deed of which is recorded in the office of the
County Recorder of St. Louis County, Missouri, including those lots
recorded prior to the adoption of this Chapter.
A lot having its front and rear yards each abutting on a
street.
The minimum lot width is measured at the required front building
setback line. In no case shall the width of the lot, measured along
the street right-of-way line, be less than fifty percent (50%) of
the required lot width of any lot created after February, 1996.
A use of property to manufacture or assemble finished motor
vehicles or sub-assemblies thereof from parts, assemblies or components
manufactured, fabricated or assembled on site or elsewhere. The land
use shall also include the accessory and ancillary use of the site
housing the manufacturing or assembly facility for indoor or outdoor
storage of incoming parts, assemblies and/or components, assembled
vehicles, partially or fully assembled components, and related shipping
or storage equipment and facilities.
A factory-built, single-family structure transportable in two (2) or more sections, designed for long-term occupancy as a dwelling unit used for residential purposes; which once delivered to a site must be built on a permanent foundation and anchored to a reinforced continuous footing and foundation except when built in a flood plain as defined in Section 405.270 of this Code under flood plain management as required by the Federal Emergency Management Agency (FEMA). Unless superseded by FEMA regulations, manufactured homes are not considered temporary or mobile. Manufactured homes must be inspected and certified by the United States Department of Housing and Urban Development (HUD).
[Ord. No. 4722-19, 11-20-2019]
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
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 4704-19, 8-7-2019; Ord. No. 4945-23, 2-15-2023]
Includes any “medical marijuana cultivation facility” and “comprehensive marijuana cultivation facility,” as those terms are defined in Article XIV of the Missouri Constitution, licensed by the State of Missouri.
[Ord. No. 4945-23, 2-15-2023]
Includes any “medical marijuana dispensary facility,” “comprehensive marijuana dispensary 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. 4945-23, 2-15-2023]
Includes 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 wholesale 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. 4945-23, 2-15-2023]
facility certified by the Missouri Department of Health and
Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 4945-23, 2-15-2023]
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
prerolls.
[Ord. No. 4704-19, 8-7-2019; Ord. No. 4945-23, 2-15-2023]
Includes 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. 4945-23, 2-15-2023]
Any place of business in which massage
therapy is practiced.
An establishment with a fixed place of business and having a source of income or compensation derived from the practice of any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of the human body with the hands or with the aid of any mechanical electric apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is being provided, or some person on his or her behalf, will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment defined in Chapter 630 of this Code or operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
A health care practitioner who provides or offers to provide
massage therapy, as provided herein, to any person at no cost or for
a fee, monetary or otherwise, implying that the massage therapist
is trained, experienced and licensed in massage therapy and who holds
a current, valid license to practice massage therapy.
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows or feet or with the aid of mechanical
apparatus for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease or any service or
procedure for which a license to practice medicine, chiropractic,
physical therapy or podiatry is required by law or cosmetologists,
hairdressers and manicurists.
Any machine which, upon the insertion of
a coin, slug, token, plat, disc or any other insertion device, may
be operated by the public for use as a game, entertainment or amusement
of any kind or description whatever.[1]
A transportable factory-built structure, consisting of one
(1) or more components, designed for long-term occupancy as a dwelling
unit; which has been, or reasonably may be, equipped with wheels for
transporting the structure and delivered to a site where it is to
be occupied as a dwelling unit and designed to be used as a dwelling
unit without a permanent foundation. A trailer or mobile home shall
be considered a temporary structure permitted only in a designated
and approved mobile home park.
[Ord. No. 4722-19, 11-20-2019]
An establishment or business which, for a fee or compensation,
provides modeling service on the premises for the purpose of reproducing
the human body by means of photography, painting, sketching, drawing
or otherwise, wholly or partially in the nude. This does not apply
to public or private schools in which persons are enrolled in a class.
A factory-built, single-family structure transportable in one (1) or more sections, designed for long-term occupancy as a dwelling unit used for residential purposes; which once delivered to a site must be built on a permanent foundation and anchored to a reinforced continuous footing and foundation except when built in a flood plain as defined in Section 405.270 of this Code under flood plain management as required by the Federal Emergency Management Agency (FEMA). Unless superseded by FEMA regulations, modular homes are not considered temporary or mobile. Modular homes must be inspected and certified by the Missouri Public Service Commission (PSC).
[Ord. No. 4722-19, 11-20-2019]
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot and designed, used or intended wholly
or in part for the accommodation of automobile transients and not
accommodating tents or trailers, nor to include a seasonal resort
area or summer homes.
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 the following: convenience stores,
vehicle service stations, restaurants containing drive-in or drive-through
facilities and restaurants providing food for off-premises consumption.
The Metropolitan St. Louis Sewer District.
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which dancing and musical entertainment
are permitted. Nightclubs are prohibited in all zoning districts.
[Ord. No. 4889-22, 4-20-2022]
A lot lawfully existing prior to the adoption of this Chapter
(and not created for purposes of evading the restrictions of this
Chapter) that does not meet the minimum area or dimensional requirements
of the zoning district in which the lot is located.
Any structure, including buildings, that does not meet the
limitations on structure size or location on a lot for the zoning
district in which such structure is located, but which lawfully existed
prior to the adoption of this Chapter and subsequent amendments to
this Chapter.
A use of land, including lot, buildings or structures, that
does not comply with the use regulations for its zoning, but which
was lawfully existing prior to the adoption of this Chapter and subsequent
amendments to this Chapter.
A pre-kindergarten school for children primarily between
the ages of three (3) and five (5).
A building intended for use as a nursing and medical care
facility in which three (3) or more persons not of the immediate family
are received, kept or provided with nursing care and medical services
for compensation but not including hospitals, clinics or similar institutions.
Such facility shall be licensed by the State of Missouri.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A tract of land that has been planned, developed and operated
as an integrated facility for two (2) or more separate office buildings
and supporting uses with special attention given to on-site circulation,
parking, landscaping, open space, aesthetics, building design and
orientation and utility needs.
Land specifically reserved and intended for recreation uses,
scenic purposes, resource protection and/or buffers, including common
ground associated with residential developments.
Open-air, covered or uncovered and exterior storage of materials
or goods in any yard or any open area outside of a building, but not
including vehicular parking which complies with this Chapter or the
temporary storage of construction material on a construction site.
A district in which additional special requirements act in
conjunction with the underlying zoning district(s). The original zoning
district designation does not change.
A lot or contiguous group of lots under ownership and/or
control by the same person(s).
The development and use of parking areas on two (2) or more
separate lots for joint use by the businesses on those properties.
A level, durably paved surface area, enclosed in the main
building, in an accessory building or unenclosed, comprising an area
of not less than twelve (12) feet by nineteen (19) feet or as specified
in ANSI A117.1. These spaces shall be identified by above grade signs
as reserved for physically handicapped persons. Parking spaces for
the physically handicapped person shall be located as close as possible
to elevators, ramps, walkways and entrances. These spaces should be
located so that physically handicapped persons are not compelled to
wheel or walk behind parked cars to reach elevators, ramps, walkways
and entrances.
A durably paved surface area, enclosed in the main building,
in an accessory building or unenclosed, sufficient in size to store
one (1) standard vehicle and if the space is unenclosed, comprising
an area of not less than nine (9) feet by nineteen (19) feet, exclusive
of a durably paved surface driveway connecting the parking space with
a street or alley and permitting satisfactory ingress and egress of
a vehicle, provided however, the area requirement herein shall not
be applicable for the storage and display of motor vehicles.
An area, enclosed or unenclosed, sufficient
in size to store one (1) automobile, together with a driveway connecting
the parking space with a street, road or alley and permitting vehicular
ingress and egress.
A durably paved surface area, enclosed in the main building,
in an accessory building or unenclosed, sufficient in size to store
one (1) standard vehicle and if the space is unenclosed, comprising
an area of not less than two hundred (200) square feet, which may
be part of a durably paved surface driveway connecting the parking
space with a street or alley and permitting satisfactory ingress and
egress of a vehicle. Said parking space may include a driveway which
is an area from the street onto property for purposes of vehicular
ingress or egress. Said parking space and the driveway shall not exceed
twenty-four (24) feet in width. Said parking space must be contiguous
to and abut the existing driveway, except when behind the front building
line.
A separate zoning district established
through special procedures to encourage unified development and where
special development conditions may be established by the City Plan
Commission and City Council.
Any parcel or structure used to raise trees, shrubs, flowers
and other plants for transplanting or sale.
A lot, together with all buildings and structures thereon.
St. Louis County Recorder of Deeds.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes cafes, tea rooms
and outdoor cafes. This excludes vending machines and any establishment
where the preparation and sale of food or drink is less than two percent
(2%) of their total sales.
An establishment that delivers prepared food and/or beverages
to customers in motor vehicles, regardless of whether or not it also
serves prepared food and/or beverages to customers who are not in
motor vehicles, for consumption either on or off the premises. This
excludes vending machines and any establishment where the preparation
and sale of food or drink is less than two percent (2%) of their total
sales.
An establishment whose principal business is the sale of
foods, frozen desserts or beverages in ready-to-consume individual
servings for consumption either within the restaurant or for carry-out.
The establishment may includes a drive-up window or curb service.
Any facility that will provide a wide range of goods and
services to the general public which are usually used by individuals
or needed in the home.
A round, parabolic antenna, including both non-commercial
and commercial antenna, intended to receive signals from orbiting
satellites and/or other sources.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a flat plate, shallow
dish, cone, horn or cornucopia. Such device shall be used to transmit
and/or receive radio or electromagnetic waves between terrestrially
and/or orbitally based equipment. This term shall include, but shall
not be limited to, what are commonly referred to as satellite earth
stations, television receive only antennas and satellite microwave
antennas or towers.
An organization that provides instruction in academic subjects
for a fee or tuition.
An organization that provides instruction in academic subjects
and is supported by taxes.
See "VEHICLE SERVICE STATION".
A freestanding open structure located on the same premises
as a vehicle service station affording protection from the elements
to persons or property thereunder (see also "CANOPY").
The required minimum horizontal distance between the building
line and the related front, side or rear property line (see "BUILDING LINE").
A group of architecturally unified commercial establishments
built on a site planned, developed, owned and managed as an operating
unit related in its location, size and type of shops to the trade
area that the unit serves. The unit provides on-site parking in definite
relationship to the types and total size of the stores.
A business, other than a pawnbroker operating in conformity with Chapters 620 and 625, Coin and Precious Metal Dealers and Pawnshops, of the Municipal Code engaged in providing short-term loans to the public as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a banking or savings and loan facility.
The letting or offering for let of a dwelling unit, or a
portion thereof, to one (1) or more guests for a period of thirty
(30) consecutive calendar days or less. Examples include bed-and-breakfast
facilities and rentals arranged through Internet marketing or facilitation
services. Short-term rental of dwelling units is prohibited.
[Ord. No. 4529-17 § 1, 3-15-2017; Ord. No. 4547-17 § 1, 5-17-2017]
A plan, prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses and principal site development features proposed
for a specific parcel of land, including all roads, ingress/egress,
parking, lighting, landscaping/open space, infrastructure.
A sight-proof enclosure surrounding a solid waste container in compliance with Section 405.377 of the City Code.
[Ord. No. 4530-17 § 1, 3-15-2017]
A permit issued after review and approval by the City Council
for a use that has been determined to be more intense and/or to have
greater potential impact than a permitted use within the same zoning
district and which may not be appropriate without certain restrictions
or conditions as imposed by the City Council.
Construction of a structure partly or wholly underground.
In split level construction, the lowest level shall be counted as
one (1) story for purposes of height measurement where more than one-half
(½) of its height is above the average grade of the adjoining
ground.
A detached building for keeping horses, with capacity of
not more than two (2) horses, accessory to a residential use solely
for use of keeping horses owned by the occupants of the premises and
which shall not be used for any commercial purpose including the boarding,
hire, sale or training of horses. A private stable requires a minimum
lot size of two and one-half (2.5) acres, with a minimum of one (1)
acre of pasture area per horse kept. The stable must be a minimum
of fifty (50) feet from any lot line. The pasture area must be fenced,
and the fence kept in good repair at all times and a minimum of fifty
(50) feet from any residence on an adjoining lot. If a foal is birthed,
it may be kept with its mother for up to one (1) year. Warning signs
shall be posted near areas containing horses. All State Statutes,
rules, and regulations regarding the keeping of horses must be followed.
[Ord. No. 4897-22, 6-1-2022]
A building or land intended for use as a shelter for horses
or ponies and which provides for commercial boarding, hire, sale or
training of such animals.
A building consisting of individual, small, self-contained,
compartmentalized units used or owned for the storage of business
or household goods or contractors' supplies. Outdoor storage, repair,
maintenance, etc. of vehicles, boats, trailers or other equipment
shall not be permitted.
See "OUTDOOR STORAGE".
Any kind of warehouse incidental to the
conduct of a business conducted on the premises. Such incidental use
shall occupy no more than fifty percent (50%) of the floor area under
the control of a single tenant. Further, in locations where multiple
tenants occupy a building, each tenant will be governed by the incidental
warehouse use in his/her respective operation.
That portion of a building, other than a cellar, 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
the floor and the ceiling next above it.
A space under a sloping roof with the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level and in which space not more than two-thirds (2/3)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
A public way which affords the principal means of access
to abutting property, including all property dedicated or intended
for public or private street, highway, freeway or roadway purposes
or subject to easements thereof.
Any change, except those required by law or ordinance, that
would replace or prolong the life of the supporting members of a building
or structure, such as bearing walls, columns, beams or girders, not
including openings in bearing walls as permitted by other ordinances.
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 and including, but not limited to,
the generality of the following: buildings, advertising signs, billboards
and backstops for tennis courts, radio towers, pergolas and ornamental
structures. The word "structure" includes the word "building" in addition to the foregoing.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either:
Before the improvement is started, or
If the structure has been damaged and is being restored, before
the damage occurred.
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For the purposes of this definition, "substantial improvement"
is considered to occur when the first (1st) alteration of any wall,
ceiling, floor or other structural element of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include any alteration
to comply with existing State or local health, sanitary, building
or safety codes or regulations.
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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. The provision of cosmetic micropigmentation
services by a licensed doctor or nurse shall not be considered tattooing
as that term is used in this Chapter.
Any place or facility where tattooing is performed.
A structure situated that is intended for transmitting or
receiving television, radio or telephone communication.
A use which has the primary purpose to solicit by telephone
for a business, organization, services, sales or activities not located
upon the property wherein the telephone solicitation is conducted.
A temporary building or structure, including tents, without
any foundation or footing, intended only for limited duration, for
uses incidental to construction work, sales or services and which
is removed when the designated time period, activity or use for which
the temporary building or structure was erected has ceased.
A prospective use, intended only for limited duration, to
be located in a zoning district not permitting such use and which
does not continue a non-conforming use or building.
One (1) of a series of three (3) or more attached single-family
dwellings, not part of a condominium, two (2) or three (3) stories
in height, which are separated horizontally from one another by solid
partition walls extending from basement to roof without openings,
wherein the fee of the land on which an individual single-family residence
is located is under the same ownership as the individual single-family
residence.
One (1) of a series of three (3) or more attached dwellings,
two (2) or three (3) stories in height, for single-family occupancy
which are separated from one another by partition walls extending
from basement to roof without openings, but which are not located
or sited on individual subdivided lots.
A structure standing on wheels, towed or hauled by another
vehicle or self-propelled and used for human occupancy. Trailers used
for residential purposes shall be allowed only in a designated and
approved mobile home park.
See “SOLID WASTE CONTAINER ENCLOSURE”
[Ord. No. 4530-17 § 2, 3-15-2017]
Any of the following:
Travel trailer: A vehicular, portable structure
built on a chassis, designed to be used as a temporary dwelling for
travel, recreational and vacation uses, permanently identified "travel
trailer" by the manufacturer of the trailer and, when factory equipped
for the road, it shall have a body length not exceeding thirty-two
(32) feet.
Pick-up coach: A structure designed to be mounted
on a truck chassis for use as a temporary dwelling for travel, recreation
and vacation.
Motor home: A portable, temporary dwelling
to be used for travel, recreation and vacation, constructed as an
integral part of a self-propelled vehicle.
Camping trailer: A canvas, or other flexible
material, folding structure mounted on wheels and designed as a temporary
dwelling for travel, recreational and vacation uses.
A lot on which two (2) or more spaces are occupied or intended
for occupancy by trailers for transient or storage purposes.
A building, buildings, lot or lots, or portions thereof,
which are used or intended to be used for the retail sale of gasoline,
diesel or other motor vehicle fuel to trucks and automobiles and for
which the lot(s) may be used for short-term parking (not to exceed
twenty-four (24) hours) of trucks, tractor-trailers or components
thereof and which may include restaurants, motel and/or a truck wash
facility.
A building or area in which freight brought by truck is assembled
and/or stored for routing or reshipment or in which semi-trailers,
including tractor and/or trailer units and other trucks, are parked
or stored.
Facility or equipment used to provide electric, gas, water,
telephone, cable television or some such comparable service to the
public.
The granting of relief from or variation of the provisions
of these regulations, as applied to a specific piece of property,
granted by the Board of Adjustment.
An open area, other than a street, used for the display,
sale or rental of new or used vehicles or trailers and where no repair
work is done except minor incidental repair of vehicles or trailers
to be displayed, sold or rented on the premises. A minimum lot size
of three (3) acres shall be required for "used vehicle sales" or "vehicle
rental enterprises" except where such use is to be conducted entirely
indoors.
A building used for parking motor-driven vehicles for a fee.
Any properly paved parking lot or area used for parking motor-driven
vehicles.
Any structure or premises used for the servicing and repair
of vehicles within enclosed service bays or stalls. Permitted work
may include diagnostic services; lubrication of vehicles; engine repair;
sale and installation of parts and accessories, including tires; installation
or removal of engines, radiators, transmissions, differentials, fenders,
doors, bumpers or other major body or mechanical parts; or spray painting.
Permitted work shall not include tire recapping or vulcanizing or
the outdoor storage of wrecked or otherwise damaged and immobilized
vehicles or major vehicle parts (e.g. chassis, transmissions, motors,
tire rims, etc.).
Any building or premises used for the sale, at retail, of
motor vehicle fuels or oils or for servicing or lubricating motor
vehicles or installing or repairing parts and accessories, but not
including the repairing or replacement of motors, bodies or fenders
of motor vehicles or painting motor vehicles and excluding public
garages. Vehicle service 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 area.
The dismantling or wrecking of used motor vehicles or trailers;
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A facility for the treatment of animal ailments and which
may include facilities for overnight animal patients.
A building used primarily for the storage of goods, materials
or merchandise for subsequent delivery to a place other than the premises
on which the goods and materials are stored.
A use engaged in the storage, wholesale and distribution
of manufactured products, supplies and equipment, but excluding bulk
storage of materials that are inflammable or explosive or that create
hazardous or commonly recognized offensive conditions.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support and
that, under normal circumstances, does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
A fence that is wrought iron style and is made out of iron
or aluminum that has spacing that can be seen through.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
For the purposes of this Chapter, corner lots shall have
two (2) front yards, one (1) side yard and one (1) rear yard. A front
yard shall be that yard between the main building and any street,
road or highway frontage. A rear yard shall be that yard opposite
the main entrance side of the building.
In measuring a yard for the purpose of determining the width
of a side yard, the depth of a front yard or the depth of rear yard,
the minimum horizontal distance between the lot line and the main
building shall be used.
A yard across the full width of the lot
extending from the front line of the main building to the front line
of the lot.
A yard extending the full width of the lot between a main
building and the rear lot line.
A yard between the main building and the side lot line and
extending from the front yard line to the rear yard line.
Includes the City Zoning Enforcement Officer, Director of
Public Works or City Planner.
[1]
Editor's Note: The definitions of medical marijuana cultivation
facility, medical marijuana dispensary facility, medical marijuana
testing facility and medical marijuana-infused manufacturing facility,
which immediately followed, were deleted 2-15-2023 by Ord. No. 4945-23.
Prior history incudes: Ord. No. 4704-19, 8-7-2019.
