[CC 1985 §12-46; Comp. Ords. §12.02(1); Ord. No. 2345 §II, 10-16-1979; Ord. No. 2363, 10-7-1981; Ord. No. 2438, 8-19-1986]
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 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.
ACCESSORY BUILDINGS
A subordinate building which is incidental to the principal
building or use and which is located on the same lot with such principal
building or use.
ACCESSORY USE
A use incidental to the principal use of a building located
on the same lot with the principal building or use.
ALLEY
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
AUTOMOBILE GRAVEYARD
Any establishment, area or place of business maintained,
used or operated for storing, keeping, buying or selling wrecked,
scrapped, ruined or dismantled motor vehicles or parts thereof.
BASEMENT
A story having a part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided.
BOARDING HOME
A building, other than a hotel, where for compensation and
by arrangement for definite periods meals or lodging are provided
for five (5) or more persons but not exceeding twenty (20) persons.
BUILDABLE WIDTH
The width of the lot left to be built upon after the side
yards are provided.
BUILDING
Any structure having a roof supported by columns or walls
built for the support 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.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point
of the coping of a flat roof or the deck line of a mansard roof or
to the mean height level between eaves and the ridge for gable, hip
and gambrel roofs.
CELLAR
A story having more than one-half (½) of its height
below grade.
CHILD DAY CARE FACILITY
A non-profit or commercial-use place, home or institution
which receives five (5) or more children under the age of sixteen
(16) years and not all of common parentage, for care apart from their
natural parents or custodians, when received for regular periods of
time for compensation; provided, however, this definition shall not
include public or private schools, organized, operated or approved
under the laws of this State; custody of children fixed by a court
of competent jurisdiction; children related by blood or marriage within
the third degree of the custodial person; or to churches or other
religious or public institutions while their parents or legal guardians
are attending services, meetings or classes, or are engaged in church
activities.
[Ord. No. 4212, 5-9-2019]
COMMERCIAL USE
Generally, any business of a commercial nature that has as
its primary function the direct sale of goods or services to the general
public.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
product manufacturing facility.
[Ord. No. 4467, 3-9-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from, and sell marijuana, marijuana seeds, and marijuana vegetative
cuttings to a medical facility, comprehensive facility, or marijuana
testing facility.
[Ord. No. 4467, 3-9-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings, marijuana-infused products, and drug paraphernalia used
to administer marijuana to a qualifying patient, primary caregiver,
or consumer. Comprehensive dispensary facilities may receive transaction
orders at the dispensary directly from the consumer in person, by
phone, or via the internet, including from a third party.
[Ord. No. 4467, 3-9-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a medical
facility, comprehensive facility, or marijuana testing facility, and
sell marijuana-infused products to a marijuana dispensary facility,
a marijuana testing facility, or another marijuana-infused products
manufacturing facility.
[Ord. No. 4467, 3-9-2023]
COMPREHENSIVE PLAN
An official document adopted by the City setting forth a
plan for the physical development of the community including studies
of land use, traffic volume and flow, schools, parks and other public
buildings.
CROSS-VISIBILITY AREA
The triangular area formed at a street intersection beginning
at the point where property lines meet at the corner or, in the case
of rounded property corners, the point at which they would meet without
such rounding, thence fifteen (15) feet along the front property line,
thence diagonally to a point along the side property line fifteen
(15) feet from the point of beginning and thence to the point of beginning.
With regard to the intersection of an alley or accessway with public
right-of-way or with another alley or accessway, the two (2) equal
sides of the triangular area are ten (10) feet instead of fifteen
(15) feet.
DISTRICT
A section or sections of the City of Ste. Genevieve for which
the regulations governing the use of buildings and premises, the height
of buildings, the size of yards and the intensity of the use are uniform.
DWELLING
Any building thereof which is designed and used exclusively
for residential purposes.
DWELLING, MULTIPLE
A building designed for or occupied exclusively by more than
two (2) families.
DWELLING UNIT
One (1) or more rooms in a dwelling for or intended to be
occupied as separate living quarters by a single family as defined
herein.
FAMILY
1.
One (1) or more persons related by blood, marriage or adoption
occupying a dwelling unit as an individual housekeeping organization.
A family may include not more than two (2) persons not related by
blood, marriage or adoption.
2.
For the purpose of this zoning ordinance, the classification
"single-family dwelling" shall include any home in which eight (8)
or fewer related or unrelated mentally retarded or physically handicapped
persons reside if two (2) additional persons acting as housekeepers
or guardians who are not mentally retarded or physically handicapped
also reside in said residence. All such group homes shall obtain all
appropriate Federal, State and City licenses for the conduct of such
business.
FARM
An area which is used for growing of the usual farm products,
such as vegetables, fruit, trees and grain, and their storage on the
area as well as for the raising thereon of livestock and/or poultry.
The term "farming" includes the operating of such an area for one
(1) or more of the above uses, including dairy farms, 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, that such land shall consist of
at least ten (10) acres in one (1) parcel under common ownership or
operation and; provided, further, that farming does not include the
feeding of collected garbage or offal to swine; or other animals.
[Ord. No. 4426, 8-25-2022]
FILLING STATION
Any building or premises used for the sale at retail of motor
vehicle fuels, oil or accessories 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.
FLOOR AREA
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars, basements,
porches, patios, carports or garages. However, if the cellar or basement
is used for business or commercial purposes, it shall be counted as
floor area in computing off-street parking requirements.
FRONTAGE
All the property on one (1) side of a 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 of the street, but not including property more than four
hundred (400) feet distant on either side of a proposed building or
structure.
GARAGE, COMMERCIAL
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term "repairing" shall not include
an automotive body repair shop nor the rebuilding, dismantling or
storage of wrecked or junked vehicles.
GARAGE, PRIVATE
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
GOODS
Any merchandise, equipment, products, supplies or materials.
[Ord. No. 4465, 3-9-2023]
GRADE
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
GROUND COVERS
Plant materials which reach a maximum height of not more
than twelve (12) inches and present a finished appearance and reasonably
complete coverage at time of planting.
GROUNDS PERMIT
A permit which must be secured from the Zoning Administrator
prior to the development or redevelopment of, or addition to, any
vehicular use area.
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 LODGING
A lodging establishment renting guest rooms or units only
to transient guests and having fewer than ten (10) guest rooms.
[Ord. No. 3978 §1, 6-11-2015]
HOME-BASED BUSINESS
Any business operated in a residential dwelling or accessory
structure that manufactures, provides, or sells goods or services
and that is owned and operated by the owner or tenant of the residential
dwelling.
[Ord. No. 4465, 3-9-2023]
HOME-BASED WORK
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
[Ord. No. 4465, 3-9-2023]
INDUSTRY
The term "industry", as used in the Chapter,
is restricted to establishments primarily involved in product manufacturing
and processing, heavy equipment uses and warehousing. It does not
include retail and wholesale trades, agricultural trades, agricultural
uses, institutional uses and other businesses that are primarily commercial
in nature.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste or junked, dismantled or wrecked automobiles
or parts thereof, iron, steel and other old or scrapped ferrous or
non-ferrous material.
JUNK YARD
An establishment, area or place of business maintained, operated
or used for the storing, keeping, buying or selling of junk or for
the operation of an automobile graveyard or for the maintenance of
an automobile salvage yard wherein wrecked cars are kept for the sale
of parts thereof or otherwise dealing in junk or for a garbage dump
or sanitary fill.
LAWN GRASS
Includes all species normally grown as permanent lawns in
the City of Ste. Genevieve.
LIVESTOCK
Cows, pigs, horses, mules, hogs, goats, sheep, or other animals
commonly associated with farming and agriculture.
[Ord. No. 4426, 8-25-2022]
LOADING SPACE
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
and which abuts upon a street or other appropriate means of access.
LOT
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory building, open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and the rear
lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage of two (2) non-intersection streets,
as distinguished from a corner lot.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Ste. Genevieve,
Missouri, or a lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Ste. Genevieve County, Missouri,
prior to the adoption of this Chapter.
MAIN DRAINAGE DITCH
A manmade channel having a two (2) year or greater storm
carrying capacity as determined by the City Engineer or similar qualified
official.
MANUFACTURER
An establishment whose primary function is the mechanical
or chemical transformation or processing of materials or substances
into new products, including the assembly of component parts and blending
of materials.
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business.
[Ord. No. 4467, 3-9-2023]
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis,
or commodities or products manufactured from industrial hemp.
[Ord. No. 4212, 5-9-2019]
MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana, including medical marijuana
testing facilities.
[Ord. No. 4467, 3-9-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 4212, 5-9-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 4212, 5-9-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana test
facility, or to another medical marijuana-infused projects manufacturing
facility.
[Ord. No. 4212, 5-9-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana to a qualifying
patient, a primary caregiver, another medical marijuana dispensary
facility, a medical marijuana testing facility, or a medical marijuana-infused
projects manufacturing facility.
[Ord. No. 4212, 5-9-2019]
MEDICAL MARIJUANA FACILITY
A medical marijuana dispensary, medical marijuana cultivation
facility, medical marijuana testing facility, and medical marijuana-infused
products manufacturing facility.
[Ord. No. 4212, 5-9-2019]
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings, marijuana-infused products, and drug paraphernalia used
to administer marijuana to a consumer, qualifying patient, or primary
caregiver. Microbusiness dispensary facilities may receive transaction
orders at the dispensary directly from the consumer in person, by
phone, or via the internet, including from a third party.
[Ord. No. 4467, 3-9-2023]
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, manufacture,
transport to or from, deliver, and sell marijuana, marijuana seeds,
marijuana vegetative cuttings, and marijuana-infused products to a
microbusiness dispensary facility, other microbusiness wholesale facility,
or microbusiness testing facility. A microbusiness wholesale facility
may cultivate up to two hundred fifty (250) flowering marijuana plants
at any given time.
[Ord. No. 4467, 3-9-2023]
MOBILE HOME
A factory-built structure or structures more than eight (8)
body feet in width and thirty-two (32) feet or more in length, equipped
with the necessary service connections and made so as to be readily
movable as a unit or units on its or their own running gear and designed
to be used as a dwelling unit or units without a permanent foundation.
The phrase "without a permanent foundation" indicates that the support
system is constructed with the intent that the mobile home placed
thereon may be moved from time to time at the convenience of the owner.
MODULAR UNIT
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT
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.
NON-CONFORMING USE
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto which does not conform
after the passage of this Chapter or amendment thereto with the use
regulation of the district in which it is situated.
NO-IMPACT HOME-BASED BUSINESS
A home-based business or home-based work where:
[Ord. No. 4465, 3-9-2023]
1.
The total number of employees and clients on-site at any one
(1) time does not exceed the occupancy limit for the residential dwelling;
and
2.
The activities of the business:
a.
Are limited to the sale of lawful goods and services;
b.
May involve having more than one (1) client on the property
at one time;
c.
Do not cause a substantial increase in traffic through the residential
area;
d.
Do not violate any parking regulations established by the political
subdivision;
e.
Occur inside the residential dwelling or in the yard of the
residential dwelling;
f.
Are not visible from the street;
g.
Do no violate any narrowly tailored regulations, including those
protecting the public health and safety, health and sanitation, transportation
and traffic control, solid or hazardous waste, pollution, or noise
control.
NURSING HOME
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care, for compensation; but not including
hospitals, clinics or similar institutions.
PARKING SPACE, OFF-STREET
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 ingress and egress
of an automobile.
PLAT
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
POULTRY
Chickens, ducks, geese, turkeys, guinea fowl or other domestic
fowl commonly associated with farming and agriculture.
[Ord. No. 4426, 8-25-2022]
PREMISES
A lot, together with all buildings and structures thereon.
PUBLIC BUILDING OR FACILITY
A building or facility owned or operated by a general unit
of local, State or Federal Government; or a building or facility operated
by any special district or unit of government established under the
laws of the State of Missouri; or a building or facility operated
or used by a non-profit organization and open to general use by the
public.
RECREATIONAL VEHICLE
A vehicle which is: (a) built on a single chassis; (b) four
hundred fifty (450) square feet or less at the largest horizontal
projections; (c) designed to be self-propelled or permanently towable:
and (d) desired primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel or
seasonal use.
[Ord. No. 4297, 7-23-2020]
RECREATIONAL VEHICLE PARK
Any park, court, camp, site, parcel or tract of land designed,
intended or maintained for the purpose of supplying a location and
temporary accommodations for two (2) or more recreational vehicles,
regardless of whether a charge is made. Recreational vehicles shall
be on-site for fewer than thirty (30) consecutive days.
[Ord. No. 4297, 7-23-2020]
SELF-SERVICE STORAGE FACILITY
A building or group of buildings in compound that contains
individual, compartmentalized and controlled access stalls or lockers,
the use of which is limited to the storage of customer's goods and
wares.
[Ord. No. 4035 §1, 4-14-2016]
SIGN
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land and which directs attention to a product, place,
activity, person, institution or business.
STORY
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.
STORY, HALF
A space under a sloping roof which has 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 sixty percent (60%)
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.
STREAM
Any natural channel carrying running water defined and mapped
as a perennial or intermittent stream on the United States Geological
Survey seven and one-half (7½) minute topographic map of the
Ste. Genevieve quadrangle, 1979.
STREET
A public way which affords the principal means of access
to abutting property.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STRUCTURAL ALTERATION
Any change, except those required by law or ordinance, that
would 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.
STRUCTURE
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 limiting the
generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas.
TRAILER OR MOBILE HOME PARK
Any area where two (2) or more trailers or mobile homes can
be or are intended to be parked, designed or intended to be used as
living facilities for one (1) or more families.
TRANSIENT GUEST
Any person who rents and occupies a guest room in a guest
lodging establishment for a period of less than thirty-one (31) days
during any twelve (12) month period.
[Ord. No. 3978 §1, 6-11-2015]
TREES
Self-supporting woody plants having at time of planting a
minimum diameter at breast height of two (2) inches, which normally
grow to a minimum height of fifteen (15) feet with a mature crown
spread of fifteen (15) feet or greater and trunks which can be maintained
with over five (5) feet of clear wood.
USE
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
VEHICULAR USE AREAS
Areas used for the circulation, parking and/or display of
any and all types of vehicles, boats or heavy construction equipment,
whether self-propelled or not, and all land upon which vehicles traverse
as a function of their primary use. This includes, but is not limited
to, activities of a drive-in nature such as service stations, convenience
stores, banks, restaurants and the like. Only driveways and parking
spaces serving single- and two-family dwellings shall be an exception
to this definition.
VEHICULAR USE PLAN
A combination site plan/planting plan submitted to the Zoning
Administrator for all proposed new construction, other than for single-
or two-family dwelling units, for which a parking area is proposed.
The plan is submitted at the time of submittal of building plans of
a proposed structure. Said plans shall be drawn to suitable scale,
indicate all dimensions and property lines, provide the north point
and clearly delineate existing and proposed parking spaces, access
aisles, driveways, sidewalks, curbs and other vehicular use controls.
Median openings on abutting streets, lighting, storm drainage, proposed
planting areas, decorative or screen walls, existing trees and related
buildings shall also be shown. Exterior elevations and wall sections
shall be provided for any decorative screen wall indicated on such
plan.
YARD
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.
YARD, FRONT
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.
YARD, REAR
A yard extending the full width of the lot between a main
building and the rear lot line.
YARD, SIDE
A yard between the main building and the side line of the
lot and extending from the front yard line to the rear yard line.