[R.O. 2011 §30-202; Ord. No. 2686 §1, 2-9-1987; Ord. No. 3164 §1, 5-18-2009]
The following words shall be defined as set forth below for use in this Chapter:
ACCESSORY USESUses which are customarily incidental and subordinate to the location, function and operation of permitted uses.
BED AND BREAKFASTA residential dwelling unit also providing overnight guest rooms and meals for travelers within the residence.
BILLBOARDA structure, either freestanding or attached to a building, the surface of which is for hire or advertising purposes.
CHILD DAY-CARE CENTERA child day-care center or center, whether known or incorporated under another title or name, is a child-care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child-care provider for any part of the twenty-four-hour day.
[Ord. No. 3420, 6-27-2019]
At a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship. Unless the organization is reasonably available to the public in its conduct of worship, its educational instruction, and its promulgation of doctrine, it cannot fulfill the associational role that Courts have increasingly adopted as a threshold for determining when an organization qualifies as a church. Other key factors to consider include whether the organization has a distinct legal existence, recognized creed and form of worship, definite and distinct ecclesiastical government, a formal code of doctrine and discipline, distinct religious history, membership not associated with any other church or denomination, organization of ordained ministers, ordained ministers selected after completing prescribed studies, literature of its own, established places of worship, regular congregations, and regular religious services. No single factor is controlling but having regular meetings with a regular congregation should be weighted more heavily than some of the other factors. Cities can generally use a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for the purposes of the MMJ Ordinance.
[Ord. No. 3420, 6-27-2019]
A building used entirely for residential purposes and it must have:
1. A sloped roof with no less than four (4) inches of rise to every twelve (12) inches of horizontal run.
Roofing materials consisting of shingles, tiles or architectural metal commonly accepted for residential use and approved by the Building Inspector.
A roof overhang (eave projection) of not less than one (1) foot measured from the vertical side of the structure unless the architectural style of the structure commonly has less overhang.
Exterior siding material consisting of wood, stucco, brick, stone, horizontal lap steel or aluminum, horizontal lap vinyl or architectural masonry block. The reflectivity shall not exceed that of a low luster white paint.
Exterior dimensions of not less than twenty-two (22) feet in width and thirty-six (36) feet in length excluding garage or carport.
A continuous, permanent masonry foundation or masonry curtain wall, or poured concrete wall with no openings except as required for ventilation or access.
Stairs, porches, platforms, ramps or other means of entrance constructed per City's building codes and attached firmly to the structure and anchored securely to the ground.
A residential design-manufacture home will qualify as a "dwelling" if it meets all of the above qualifications and: |
1. | The axles, running gear, lights and towing apparatus are removed. |
2. | The manufactured home is set up and anchored in accordance with the recommended installation procedures of the manufacturer. |
3. | When installed, has the appearance of an on-site, conventionally built, single-family dwelling. |
DWELLING, MULTI-FAMILYA structure on a single lot containing three (3) or more dwelling units, each of which is totally separated from the other.
DWELLING, TWO-FAMILY (DUPLEX)A structure on a single lot containing two (2) dwelling units, each of which share a common wall, including without limitation the wall of an attached garage or porch and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
FAMILYOne (1) or more individuals living together in a dwelling unit as a single not-for-profit housekeeping unit. A group occupying a hotel or hospice shall not be considered a family.
GROSS SQUARE FOOTAGEA floor space enclosed by exterior or standard fire walls, exclusive of shafts or vents.
GROUP HOMEAny 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.
HOME OCCUPATIONA secondary and incidental use of a dwelling unit, conducted entirely within the dwelling unit by one (1) or more persons residing in the dwelling unit.
KENNELAny lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept.
LOTA single tract of land within a single block under single ownership or control.
MARIJUANA OR MARIHUANACannabis Indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, 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 on a dry-weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 3420, 6-27-2019]
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. 3420, 6-27-2019]
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. 3420, 6-27-2019]
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 as provided for in this Section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 3420, 6-27-2019]
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 products manufacturing facility.
[Ord. No. 3420, 6-27-2019]
A structural unit designed for residential occupancy and constructed in a manufacturing facility and transported to a building site.
For the purposes of this Chapter, two (2) types of manufactured housing, mobile homes, are included:
1. Units constructed after June 15, 1976 with a manufacture's certification of compliance with the United States Government Department of Housing and Urban Development standards and transportable in one (1) or more sections which in a traveling mode are twelve (12) body feet or more in width and sixty (60) body feet or more in length or when erected on a site are seven hundred twenty (720) square feet or more in size.
Those units constructed after January 1, 1974 which the manufacturer certifies are constructed in compliance with the Missouri Code of Manufactured Home Standards and bear the seal of the Public Service Commission of the State of Missouri certifying that the manufactured home or modular unit complies with the code.
QUALIFYING PATIENTA Missouri resident diagnosed with at least one qualifying medical condition.
[Ord. No. 3420, 6-27-2019]
Sale to the ultimate consumer for direct consumption and not for resale.
SCHOOLAny building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
[Ord. No. 3420, 6-27-2019]
The required distance and the land resulting from it between a street line and/or property line and the closest possible line of a conforming structure.
SIGNAny words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, pictures, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or a product, which are visible from any public street and designed to attract attention. The term "sign" shall not include the flag, pennant or insignia of a nation, State, City, or other political subdivision, or any educational, charitable, civic or professional campaign, drive, monument or event.
WHOLESALESale for resale, not for direct consumption.
YARDA space on a lot which is required by this Chapter to be maintained open and unoccupied between the lot line and any structure except as permitted by these provisions. The orientation of the principal building shall determine the front, side and rear lot lines.
YARD, FRONTA yard adjoining the front lot line, extending between side lot lines, the depth of which shall be the least distance between the front lot line and any line of the closest structure.
YARD, REARA yard adjoining the rear lot line and extending between the side lot lines, the depth of which shall be the least distance between the rear lot line and any line of the closest structure.
YARD, SIDEA yard adjoining a side lot line extending from the front yard to the rear yard, the width of which shall be the least distance from the side lot line and any line of the nearest structure.