[R.O. 2008 §26-10; Ord. No. 1903 §1, 11-24-1997]
For the purposes of this Chapter, words and phrases used herein shall be interpreted as follows:
Words used in the present tense include the future.
The singular includes the plural and the plural includes the singular unless the context clearly indicates otherwise.
The masculine gender includes the feminine and the neuter, and the feminine shall include the masculine and the neuter.
The word "herein" means "in this Zoning Ordinance".
The words "this Chapter" means "this Zoning Ordinance".
The word "lot" includes the word "plot", "parcel", "site" or "tract" of land.
The term "shall" is mandatory; the term "may" is permissive.
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied".
The term "City" means the City of Creve Coeur, Missouri.
"Building Official" shall include the Building Official of the City of Creve Coeur or a designated assistant.
The term "Zoning Administrator" shall include the Zoning Administrator of the City of Creve Coeur or a designated assistant.
[R.O. 2008 §26-11; Ord. No. 1903 §1, 11-24-1997; Ord. No. 1957 §4, 10-12-1998; Ord. No. 2021 §2, 9-27-1999; Ord. No. 2080 §3, 9-11-2000; Ord. No. 4029 §2, 6-26-2006; Ord. No. 5050 §1, 7-14-2008; Ord. No. 5073 §§1 — 2, 1-8-2009; Ord. No. 5123 Exh. A, 2-22-2010; Ord. No. 5131 §1, 4-26-2010; Ord. No. 5165 §§5, 8, 12-13-2010; Ord. No. 5172 §1, 1-24-2011; Ord. No. 5185 §2, 3-28-2011; Ord. No. 5243 §4, 2-13-2012; Ord. No. 5280 §1, 10-22-2012]
Unless a contrary intention clearly appears, the following words and phrases shall have the meanings given in the following clauses for the purposes of this Chapter. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specific meaning.
- The term applied to a building, structure or use which:
- 1. Is subordinate to and serves a principal building or principal use;
- 2. Is subordinate in area, extent or purpose to the principal building or principal use served;
- 3. Contributes to the comfort, convenience or necessities of the users or occupants of the principal building or principal use; and
- 4. Is located on the same lot as the principal building or principal use (see Section 405.460).
- ACCESSORY ANTENNA
- An antenna and supporting structure attached to a building designed and used for an amateur radio or citizen band radio or a similar communication device that only receives a RF signal.
- Unit of land measure: forty-three thousand five hundred sixty (43,560) square feet. As a square, an acre measures two hundred eight and seventy-one hundredths (208.71) feet on each side.
- ACRE, NET
- The area of a lot or parcel that remains after road rights-of-way are subtracted.
- ADULT ARCADE
- Any place to which the public is permitted or invited wherein
money-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are regularly maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are characterized by their emphasis upon matter
exhibiting specified sexual activities or specified anatomical areas.[Ord. No. 5484 §1, 8-8-2016]
- ADULT BOOKSTORE, ADULT VIDEO STORE
- A commercial establishment which as one of its principal
business activities offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals, or
other printed matter, or photographs, films, motion pictures, videocassettes,
compact discs, digital video discs, slides, or other visual representations
which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas.[Ord. No. 5484 §1, 8-8-2016]
- ADULT CABARET
- A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment which regularly features persons who
appear semi-nude.[Ord. No. 5484 §1, 8-8-2016]
- ADULT MEDIA
- Magazines, books, videotapes, movies, slides, compact discs or other devices used to record computer images or other media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to hard-core material.
- ADULT THEATER
- A commercial establishment where films, motion pictures,
videocassettes, slides, or similar photographic reproductions, which
are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas, are regularly shown
to more than five persons for any form of consideration.[Ord. No. 5484 §1, 8-8-2016]
- ALTER (AS APPLIED TO A SIGN)
- As to definition of ALTER (AS APPLIED TO A SIGN), see "SIGN, ALTER (AS APPLIED TO A SIGN)".
- ALTERATION (AS APPLIED TO A STRUCTURE)
- A physical change in a structure or an addition to a structure. The term "alteration" includes renovation, modification, rehabilitation and restoration.
- A room or suite of rooms within a building provided with separate cooking and sanitary facilities and designed, intended or used as a single dwelling unit.
- A person submitting an application for a permit required by this Chapter who is the owner of the property on which an improvement will be located or an agent for the owner who has the written permission of the owner to apply for the permit(s).
- ATTACHED SINGLE-FAMILY DWELLING
- One (1) of a series of attached dwellings designed for single-family occupancy and located on individually subdivided lots of record or on land owned in common.
- AUTOMOBILE SERVICE STATION
- See "GASOLINE SERVICE STATION".
- A protective cover that is temporary in nature projecting from and supported by the exterior wall of a building constructed of non-rigid materials over a rigid framework which can be raised or retracted to a position against the building when not in use. See "CANOPY".
- As to definition of BANNER, see "SIGN, BANNER".
- A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building. A basement is counted as a story for the purpose of height, parking or building bulk regulations if subdivided by walls or partitions and used for business or dwelling purposes by other than a janitor employed on the premises.
- BUFFER YARD
- A yard that must be preserved as a natural area or be provided with special buffering including landscaping and screening located on a lot in a non-residential district which adjoins or abuts a lot in a residential district. The buffer yard shall not contain any impervious surface, except for sidewalks, bike lanes and similar pedestrian or recreational circulation elements and shall include, but not be limited to, any required yard or right-of-way setback.
- Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind. When separated by division walls without openings, each portion of such building, so separated, shall be deemed a separate building.
- BUILDING BULK
- The height, depth, width, density and volume of a building.
- BUILDING COVERAGE
- The area of the site which is covered by the principal buildings and any covered accessory building or structure, measured both in square feet and as a percentage of the total site.
- BUILDING FRONTAGE
- The developed length of that portion of the building which faces a right-of-way or which faces a publicly accessible parking lot containing not less than twenty (20) parking spaces and serving the building.
- BUILDING HEIGHT
- The vertical distance measured from the curb grade or its equivalent established grade at a point midway between the two (2) side lot lines to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building (the building face which contains the principal entrance).
- BUILDING LINE
- A line parallel to and equidistant from the street between which line and the street right-of-way no buildings or structures may be erected as prescribed herein.
- BUILDING PERMIT
- A permit issued by the Building Official 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.
- BULLETIN BOARD SIGN, INSTITUTIONAL
- As to definition of BULLETIN BOARD SIGN, INSTITUTIONAL, see "SIGN, BULLETIN BOARD SIGN, INSTITUTIONAL".
- BUSINESS ENTERPRISE CENTER
- A business office center consisting only of individual, full wall enclosed, lockable, small offices with an average square footage of no more than one hundred fifty (150) square feet per office suite, for start-up or part-time, small businesses, satellite offices, or virtual offices and related shared or common resources and services, including, but not limited to, receptionist, answering service, conference room, teleconferencing, office equipment, administrative facilities, copy services, shipping and receiving, corporate record storage space, and building management, where no single tenant occupies more than fifteen percent (15%) of the total office center. Any resource or service which is made available to the public, rather than just occupants of the office center, shall be regulated under this Zoning Code as a separate use.
- The diameter of a tree measured twenty-four (24) inches above ground level.
- A shelter or protective cover projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a rigid framework but not including a marquee. (See also "SERVICE STATION CANOPY" and "AWNING".)
- CANOPY SIGN
- As to definition of CANOPY SIGN, see "SIGN, CANOPY SIGN".
- CARRY-OUT RESTAURANT
- An establishment where food including frozen desserts and/or beverages are primarily sold in a packaged, ready-to-consume state, intended for immediate consumption by the customer off the premises.
- Property restricted in use to the interment of the human dead including interment in columbariums, mausoleums, lawn crypts, surface lawn crypts and graves.
- CHANGEABLE COPY SIGN
- As to definition of CHANGEABLE COPY SIGN, see "SIGN, CHANGEABLE COPY SIGN".
- CHARACTERIZED BY
- Describing the essential character or dominant theme of an
item.[Ord. No. 5484 §1, 8-8-2016]
- CHILD DAY CARE SERVICES
- A house or other place conducted or maintained by any person who advertises or holds himself/herself out as providing care for more than four (4) children during the day time for compensation.
- An institution providing diverse health care or medical treatment for outpatient or ambulatory sick or injured persons including medical personnel and ancillary facilities such as laboratories, but not including in-patient care or operating rooms for major surgery.
- COMMUNICATION EQUIPMENT, ROOF-MOUNTED
- Material installed on the roof of a building which acts as a communications antenna including, but not limited to, the following: VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, PCS or other wireless telephony, fixed point microwave, low power television or other wireless communications and common carriers.
- COMMUNICATION TOWER
- A tower, spire, column or similar structure used as a base for any communications antenna including, but not limited to, the following: VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, PCS or other wireless telephony, fixed point microwave, low power television or other wireless communications and common carriers.
- COMMUNICATION TOWER OPERATOR
- Any person or entity that owns or has a legal interest in a communication tower subject to the requirements of this Chapter and the owner of land upon which a communication tower is located or is proposed to be located pursuant to a pending application, but excluding any person or entity who is permitted to place particular equipment on a communication tower but otherwise has no ownership or general possessory interest in the communication tower.
- CONDITIONAL USE
- A special use not allowed by right which would not normally be allowed in a particular zoning district, but which may be allowed by the City Council based on meeting certain conditions which are spelled out in this Chapter and such other reasonable conditions which may be established by the City Council in its review and approval of the proposed use.
- CUSTOMARY ACCESSORY USE
- A use that is subordinate in area, extent and purpose to a principal use and that is always or usually found in conjunction with such principal use.
- Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations or drilling operations.
- DEVELOPMENT STANDARDS
- Regulations or standards, including development standards and use limitations as defined herein, which limit the size, bulk or siting conditions of discreet types of buildings or land uses located within any designated use district.
- DIFFERENTIAL RUNOFF
- The difference in the rate and volume of stormwater runoff from a parcel or project in its undeveloped natural condition and its developed condition.
- DIRECTIONAL SIGN
- As to definition of DIRECTIONAL SIGN, see "SIGN, DIRECTIONAL SIGN".
- A part or parts of the City of Creve Coeur and any adjacent political subdivision to which certain zoning or development regulations apply and/or serve to protect.
- One (1) or more rooms in a building designed for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
- DWELLING UNIT FLOOR AREA
- The total interior floor area of a dwelling measured at the inside face of the exterior walls but excluding cellars, basements, garages and balconies. For two-story homes, the dwelling unit size includes the first (1st) and second (2nd) story floor areas. For split foyer or split level homes, the dwelling unit size includes the floor area of each level that contains full size windows and/or exterior doors not requiring ladders nor more than three (3) steps to reach ground level. Full-size windows must be at least five (5) square feet in size, at least twenty-four (24) inches high, at least twenty (20) inches wide and must have a sill height not more than forty-four (44) inches above the floor. For one and one-half (1½) or two and one-half (2½) story houses, the dwelling unit size includes the floor area for each full floor plus the floor area for that portion of the half story that has a ceiling height of at least five (5) feet.
- ENVIRONMENTAL PERFORMANCE STANDARD
- A criterion 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 (see Section 405.550).
- To build, construct, install, attach, hang, place, inscribe, suspend, affix, paint or repaint.
- EXTERIOR WALL
- The most exterior part of a wall, sun screen or any screening or material covering a building.
- One (1) or more persons occupying a dwelling unit and living
together as a single non-profit housekeeping unit, sharing one (1)
common kitchen facility, but not including group quarters such as
dormitories, fraternities, sororities, motels, hotels, rooming houses,
boarding houses, or apodments/micro-apartments.[Ord. No. 5431 §3, 7-27-2015]
- FAST-FOOD RESTAURANT
- Any 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 building or for carry-out and where either:
- 1. Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or
- 2. The establishment includes a drive-up or drive-through service facility or offers curb service.
- Any fabric or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or institution.
- FLASHING SIGN
- As to definition of FLASHING SIGN, see "SIGN, FLASHING SIGN".
- A geographic area susceptible to periodic inundation from overflow of natural waterways.
- FLOODWAY FRINGE
- That area of the floodplain outside of the floodway that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year).
- FLOODWAY OR REGULATORY FLOODWAY
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
- FLOOR AREA RATIO
- The sum of the gross leasable floor area of all commercial
buildings and of all multifamily dwellings, and the dwelling unit
floor area of all other residential buildings on any lot divided by
the land area of such lots.[Ord. No. 5341 §1, 11-12-2013]
- FREESTANDING SIGN
- As to definition of FREESTANDING SIGN, see "SIGN, FREESTANDING SIGN".
- FRONT LINE (OF LOT)
- See definition of "LOT FRONTAGE".
- GARAGE (PRIVATE)
- A detached accessory building or portion of a principal building designed, arranged, used or intended to be used for the storage of motor vehicles of the occupants of the premises or their clients or customers without charge to visitors, clients or customers during the period they are visiting or conducting business with an occupant on the premises.
- GASOLINE SERVICE STATION
- A use primarily for supplying gasoline, oil, air and water, tires, accessories and services for motor vehicles at direct retail to the consumer including the incidental washing of motor vehicles and the making of minor repairs, but not including such major repairs as: spray painting, body, fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engines or radiators, requiring removal thereof or recapping or retreading of tires.
- GREEN SPACE
- The balance of the site not covered by buildings or structures, surface parking, pavement for vehicular circulation or permitted exterior business services, storage, merchandise display, repair and processing. Such space shall be devoted to the preservation of natural areas, open grass areas, landscaped areas, open recreational facilities or passive pedestrian features or elements such as including, but not limited to, gazebos and sitting areas. Concrete sidewalks and paved open space areas, crosswalks or other standard pedestrian circulation items shall not be considered or calculated as green space elements.
- GROSS LEASABLE FLOOR AREA
- As employed in this Chapter, the total interior floor area of a building or structure measured at the inside face of the exterior walls but excluding stairwells, lobbies, common corridors and other non-leasable circulation area, elevator shafts, parking structures and space occupied by mechanical equipment or space related to the operation and maintenance of the building as well as that floor surface covered by walls or partitions enclosing these common areas or elements of a building.
- GROSS PUBLIC FLOOR AREA
- The total interior area accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas) plus aisles, hallways and entryways serving such areas.
- GROSS SIGN AREA
- As to definition of GROSS SIGN AREA, see "SIGN, GROSS SIGN AREA".
- GROUP HOME
- A single-family residence occupied by a maximum of eight
(8) people who are intellectually disabled or physically disabled
and a maximum of two (2) house parents or guardians in accordance
with Section 405.450(8) and Section 89.020, RSMo.[Ord. No. 5431 §2, 7-27-2015; Ord. No. 5449 §2, 11-23-2015]
- HARD-CORE MATERIAL
- Media characterized by sexual activity that includes one (1) or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sexually oriented toy or novelty into an orifice, male ejaculation; or the aftermath of male ejaculation.
- See "BUILDING HEIGHT" and "SIGN HEIGHT".
- HIGHER EDUCATION FACILITY
- A public or private non-profit institution primarily providing continuing educational opportunities for students beyond the academic level of high school.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- HISTORIC STRUCTURE
- Any structure that is:
- 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
- 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- 3. Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
- 4. Individually listed on local inventory of historic places in communities with historic preservation programs that have been certified either:
- HOME OCCUPATION
- A home occupation is a business, profession, occupation or trade conducted for the personal gain or support of the residential occupant and conducted entirely within a residential building or accessory structure. (See Section 405.450(A).)
- An institution providing medical and surgical care for humans only, for both in and outpatients, including medical service, training and research facilities.
- HOTEL (MOTEL)
- An establishment consisting of a group of attached or detached living or sleeping accommodations, each with a bathroom, located on a single lot and designed for use by the traveling public and tourists and furnishing customary hotel services.
- INCIDENTAL SIGN
- As to definition of INCIDENTAL SIGN, see "SIGN, INCIDENTAL SIGN".
- LAND DEVELOPMENT
- Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, site improvements, mining, dredging, filling, grading, paving, excavation or drilling operation.
- An identifying symbol or registered trademark.
- LOT (SITE, PREMISES, PARCEL, TRACT, DEVELOPMENT AREA)
- A parcel of land which has been or which is proposed to be used, developed or built upon as a unit under single ownership. Such lot may consist of a single lot of record or a part or combination of one (1) or more lots of record and may be subject to subdivision regulations if intended to be subdivided further into one (1) or more lots. (See Chapter 410 and site development plan approval as provided in Section 405.1080 herein.)
- LOT FRONTAGE
- The length of the property line of any lot along any street it borders.
- LOT OF RECORD
- A lot which is part of a subdivision, the plat of which has been legally approved and recorded in the office of the Recorder of Deeds of St. Louis County or a parcel of land which was legally approved and the deed recorded in the office of the Recorder of Deeds.
- LOW MONUMENT SIGN
- As to definition of LOW MONUMENT SIGN, see "SIGN, LOW MONUMENT".
- MAJOR OUTDOOR RECREATION FACILITY
- A stadium, football field, soccer field, baseball field, softball field or similar athletic field containing permanent seating or designed or intended to accommodate temporary seating.
- MAJOR RECREATIONAL EQUIPMENT
- Any equipment such as travel trailers, pickup campers or coaches, motorized campers, tent trailers, boats and boat trailers and the like and cases, boxes or trailers for transporting recreational equipment, whether occupied by such equipment or not.
- MAJOR REHABILITATION
- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the appraised value of the structure either:
- 1. Before the improvement or repair is started, or
- 2. If the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either:
- a. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or
- b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- MAJOR REPAIR
- Any repair or reconstruction of a sign or sign supports necessitated by damage due to normal deterioration or by acts of nature which involves the actual sign enclosure, its structural attachments or supports or its electrical connections. Major repair does not include such items as painting, replacement of a cracked face by the sign's current owner or authorized agent.
- MANUFACTURED HOME
- A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
- Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
- MARQUEE SIGN
- As to definition of MARQUEE SIGN, see "SIGN, MARQUEE SIGN".
- Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. "Media" includes, but shall not necessarily be limited to, books, newspapers, magazines, movies, videos, sound recordings, compact discs, other magnetic media and undeveloped pictures.
- See "HOTEL".
- MOVING SIGN
- As to definition of MOVING SIGN, see "SIGN, MOVING SIGN".
- MULTI-FAMILY BUILDINGS
- A building arranged, intended or designed for residence by more than two (2) families, with the principal access to each dwelling unit by means of an interior lobby or a common enclosed interior stairway and/or elevator.
- MULTI-FAMILY DWELLING
- A building or portion thereof designed for occupancy by three (3) or more families living independently of each other, but not including attached single-family dwellings, town houses, patio houses or individually subdivided lots.
- NON-CONFORMING LOT OF RECORD
- A lot lawfully created prior to the adoption, revision or amendment of this Chapter whose area, dimensions or location would be prohibited or further restricted under the terms of this Chapter.
- NON-CONFORMING SIGN
- As to definition of NON-CONFORMING SIGN, see "SIGN, NON-CONFORMING SIGN".
- NON-CONFORMING STRUCTURE
- A structure which existed lawfully prior to the date this Chapter or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations in this Chapter or amendments thereto.
- NON-CONFORMING USE
- A land use which existed lawfully prior to the date this Chapter or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations in this Chapter or amendments thereto.
- Some thing, activity or use prohibited under the terms of this Chapter but previously lawful and lawful when begun. As used in this Chapter, this definition includes non-conforming signs, non-conforming structures, non-conforming lots of record, non-conforming uses and site-related non-conformities.
- NON-CONFORMITY, SITE-RELATED
- A characteristic of the site such as off-street parking or loading, landscaping, stormwater and erosion control or similar matters which are incidental to the principal use of the property but which do not satisfy current City standards as established in this Chapter.
- NOTICE (PUBLIC NOTICE)
- A statement concerning a pending matter before an official body of the City of Creve Coeur and, where applicable, proposed action(s) to be taken in regard to the matter. Public notice is provided to the general public typically by means of newspaper publications in accordance with applicable law.
- NUDITY or STATE OF NUDITY
- The showing of the human genitals, pubic area, vulva, anus,
anal cleft or the female breast with less than a fully opaque fabric
or leather covering of any part of the nipple or areola. Body paint
shall not qualify as fabric or leather.[Ord. No. 5484 §1, 8-8-2016]
- OCCUPANCY PERMIT
- Official certification that a structure conforms to all applicable City ordinances and requirements and may be used or occupied as proposed and approved.
- OFF-STREET PARKING
- A permanently surfaced parking area, enclosed or unenclosed, connected by a permanently surfaced driveway to a street or alley to permit ingress or egress.
- ON-SITE FOOD SERVICE
- See "FAST-FOOD RESTAURANT".
- OPEN SPACE
- Space on a lot unoccupied by a principal or accessory building, which is unobstructed to the sky and which is not devoted to service driveways or off-street parking or loading. Such space shall be devoted to landscaping, paved patios or plaza areas, pedestrian circulation or open recreation facilities.
- OPEN STORAGE
- The keeping of material or goods in any yard or on 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.
- OUT-PATIENT SURGERY CENTER
- A building or portion of a building other than a hospital which is devoted to performing surgery on humans where no individual patient is kept on site for more than twenty-three (23) hours.
- OVERLAY DISTRICT
- A district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
- See "LOT".
- An area open to the general public and reserved for recreational, educational or scenic purposes.
- PARKING SPACE
- A surfaced area, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a driveway. The layout, arrangement and dimensions of drives and parking spaces shall be in accordance with Article VII.
- Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
- PERMANENT SIGNS
- As to definition of PERMANENT SIGNS, see "SIGN, PERMANENT SIGNS".
- PERMITTED USE
- A use by right which is specifically authorized in a particular zoning district.
- A corporation, company, firm, partnership or joint stock company, association, society, organization and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine as to partnership or association, the word shall include the partners or members thereof and, as to any entity, it shall include the officers, managers, agents or members thereof who are responsible for any violation of such Section.
- PET SPA
- An animal specialty service facility offering, by appointment only, spa services for the health, wellness, and overall well-being of domestic dogs and cats that include massages, facials, pedicures and nail art, aromatherapy, healthy coat conditioning treatments, and grooming. Minimum facility area shall provide for one hundred (100) square feet per pet with a maximum of twenty (20) pets at any one time, with no outdoor activity nor overnight boarding, nor day care services, and where animals are not to remain at the spa for extended time periods beyond the appointment time. All pets are to be removed no later than 8:00 P.M.
- A map, plan or layout, to scale, of a tract of land to be subdivided showing such information as required in Chapter 410, Subdivision and Development of Land.
- PORTABLE SIGN
- As to definition of PORTABLE SIGN, see "SIGN, PORTABLE SIGN".
- A parcel of real property with separate and distinct number of designation shown on a recorded plat, record of survey, parcel map, subdivision map or a parcel legally created or established pursuant to applicable zoning.
- PRIMARY LIVE ENTERTAINMENT
- On-site entertainment by live entertainers characterized by a predominant pattern of advertising and performances.
- PRINCIPAL BUILDING
- The structure or structures in which the principal use or uses on the lot or site are located.
- PRINCIPAL BUSINESS ACTIVITY
- Applies to sexually oriented businesses and exists where
the establishment:[Ord. No. 5484 §1, 8-8-2016]
- 1. Has a substantial [as used in this definition, at least 30%] portion of its displayed merchandise which consists of the pertinent items; or
- 2. Has a substantial portion of the wholesale value of its displayed merchandise which consists of the pertinent items; or
- 3. Has a substantial portion of the retail value of its displayed merchandise which consists of the pertinent items; or
- 4. Derives a substantial portion of its revenues from the sale or rental of the pertinent items; or
- 5. Maintains a substantial section of its interior business space for the sale or rental of the pertinent items; or
- 6. Maintains an adult arcade.
- PRINCIPAL USE
- The main use of land, structures or improvements as distinguished from a secondary or accessory use.
- PRIVATE GARAGE
- See "GARAGE (PRIVATE)".
- 1. Any outdoor or partially enclosed artificially constructed pool used or capable of being used for swimming or bathing (including drained pools), over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet, which is used or intended to be used in connection with a single-family residence and available only to the family of the householder and his/her guests.
- 2. Any outdoor or partially enclosed artificially constructed pool used or capable of being used for swimming or bathing (including drained pools), over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet, which is used or intended to be used in connection with multi-family residences or by cooperative, fraternal or commercial groups and available only to members of families occupying such residences, members of such groups and guests of said members.
- A land development which includes one (1) or more buildings on a single lot or a group of buildings to be constructed by a single developer which may be later sold individually on separate subdivided lots of record in accordance with Chapter 410, Subdivision and Development of Land and site development plan approval pursuant to Section 405.1080 of this Chapter.
- PROJECTING SIGN
- As to definition of PROJECTING SIGN, see "SIGN, PROJECTING SIGN".
- PUBLIC NOTICE
- See "NOTICE (PUBLIC NOTICE)".
- Consistent and repeated.[Ord. No. 5484 §1, 8-8-2016]
- A business establishment providing for the preparation of or sale of prepared food or drink for consumption by customers on or off the premises, but excluding facilities for non-commercial and incidental or occasional food service for the employees, patrons or members of an office or institution (such as churches, schools and hospitals) which are not open to or available for use by the general public and also excluding not-for-profit private, religious or eleemosynary associations or clubs and other facilities otherwise requiring the issuance of a conditional use permit.
- RIGHT-OF-WAY SETBACK
- See "YARD, FRONT" and "BUILDING LINE".
- ROOF LINE
- The highest point on any building where an exterior wall encloses usable floor area including floor area provided for housing mechanical equipment.
- ROOF SIGN
- As to definition of ROOF SIGN, see "SIGN, ROOF SIGN".
- SADOMASOCHISTIC PRACTICES OR ABUSE
- Flagellation or torture by or upon a person, or the conditions
of being fettered, bound, or otherwise physically restrained, as an
act of sexual stimulation or gratification.[Ord. No. 5484 §1, 8-8-2016]
- SEMI-NUDE MODEL STUDIO
- A place where persons regularly appear in a state of semi-nudity
for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons, but excluding a modeling class operated by a college,
junior college, or university supported entirely or partially by taxation,
by a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partially by taxation, or in a
structure which has no sign visible from the exterior of the structure
or other advertising that indicates a semi-nude person is available
for viewing and students must enroll at least three (3) days in advance
to participate in the class.[Ord. No. 5484 §1, 8-8-2016]
- SEMI-NUDE or STATE OF SEMI-NUDITY
- The showing of the human female breast below a horizontal
line across the top of the areola and extending across the width of
the breast at such point, or the showing of the human male or female
buttocks. Such definition includes the lower portion of the human
female breast, but shall not include any portion of the cleavage of
the human female breasts exhibited by a bikini, dress, blouse, skirt,
leotard, or similar wearing apparel, provided the areola is not exposed
in whole or in part. Coverage by other than opaque fabric or leather
shall still constitute "showing" for purposes hereof, and body paint
shall not qualify as fabric or leather.[Ord. No. 5484 §1, 8-8-2016]
- SERVICE STATION CANOPY
- A freestanding structure located on the same premises as a service station affording protection from the elements to person or property thereunder. (See also "CANOPY".)
- The minimum distance required between the lot line and the nearest major building surface of the principal building on the lot.
- SEX SHOP
- A commercial establishment offering goods for sale or rent
that meets any of the following tests:[Ord. No. 5484 §1, 8-8-2016]
- 1. The establishment offers for sale items from any two (2) of the following categories:
- a. Adult media;
- b. Lingerie; or
- c. Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices or abuse; and the combination of such items constitutes more than ten percent (10%) of its stock in trade or occupies more than ten percent (10%) of its gross public floor area.
- 2. More than ten percent (10%) of its stock in trade consists of sexually oriented toys or novelties.
- 3. More than ten percent (10%) of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
- SEXUAL ENCOUNTER CENTER
- A commercial establishment that, as one of its principal
business activities, offers for any form of consideration physical
contact in the form of wrestling or tumbling between two or more persons
where one or more of the persons is semi-nude.[Ord. No. 5484 §1, 8-8-2016]
- SEXUALLY ORIENTED BUSINESS
- An inclusive term used to describe, individually and collectively,
adult cabaret; adult bookstore; adult video store, adult theater,
semi-nude model studio, sexual encounter center, and/or sex shop as
defined by City ordinance as well as any sexually oriented business
as defined by State law, including Section 573.010, RSMo.[Ord. No. 5484 §1, 8-8-2016]
- SEXUALLY ORIENTED TOYS OR NOVELTIES
- Instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breast, or designed
or marketed primarily for use to stimulate human genital organs, or
for sadomasochistic practices or abuse.[Ord. No. 5484 §1, 8-8-2016]
- An improved facility intended to provide for pedestrian movement, located in the public right-of-way adjacent to a roadway or on private property, typically constructed of concrete.
- SIGHT TRIANGLE
- On a corner lot, the triangle formed by the curb lines adjacent to such lot and a line drawn between points on such curb lines which are forty (40) feet from the intersection of the projection of such curb lines. (See Figure 2-1.)
- Any device, material, fixture, placard or structure, or part thereof, composed of lettered, numbered, symbolic and/or pictorial matter that is placed or located when in use outside of or on the exterior of or in the windows or other transparent surfaces of any building for display of a message, announcement, notice, direction, information or name.
- SIGN, ALTER (AS APPLIED TO A SIGN)
- A physical change in a sign or sign supports or an addition
to a sign or sign supports. The term "alter" includes renovation,
modification, rehabilitation or restoration, but does not include
substitution of messages on a permanent sign or changing the copy
on a legal changeable copy sign.[Ord. No. 5437 §1, 9-16-2015]
- SIGN, BANNER
- Any sign of lightweight fabric or other non-rigid material that is mounted to a pole or a building by a frame at one (1) or more edges. Flags are not banners.
- SIGN, BULLETIN BOARD SIGN
- A sign attached to a building or freestanding which contains changeable copy information such as announcements of events or activities.
- SIGN, CANOPY SIGN
- Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
- SIGN, CHANGEABLE COPY SIGN
- A sign on which message copy is changed manually or automatically through the utilization of attachable or integrally automated letters, numbers, symbols and other similar characters of changeable pictorial panels.
- SIGN, DIRECTIONAL SIGN
- A sign which is designed and erected for the purpose of traffic or pedestrian direction and placed on the property to which or on which the public is directed including entrance and exit signs.
- SIGN, FACE
- The area or display surface used for the message of a sign.
- SIGN, FLASHING SIGN
- A sign which contains an intermittent flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Also, any sign in which any part of the light source varies in intensity and/or hue and flashes or appears to flash or turn on and off; or a sign in which a message constantly flashes or turns on and off or alternates with other copy by means of rotating or otherwise moving portions of the sign.
- SIGN, FREESTANDING SIGN
- Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure including, without limitation, a low monument sign.
- SIGN, GROSS SIGN AREA
- The area within a single rectangle or circle enclosing the extreme limits of the sign, but not including structural supports which are not an integral part of the sign. Where a sign has two (2) or more faces which can be viewed from a single location, the gross area of all such faces shall be included in determining the total gross area of the sign.
- SIGN, HEIGHT
- The vertical distance measured from the elevation of the adjacent grade at the point closest to the sign to the highest point of the sign.
- SIGN, INCIDENTAL SIGN
- A sign which is too small to be legible from a position off the premises.
- SIGN, LOW MONUMENT SIGN
- A freestanding sign not more than six (6) feet high which is located adjacent to a road right-of-way.
- SIGN, MARQUEE SIGN
- Any sign attached to in any manner or made a part of a marquee and which may include changeable copy.
- SIGN, MOVING SIGN
- Any sign or part of a sign which changes physical position by any movement or rotation.
- SIGN, NON-CONFORMING SIGN
- Any sign that was lawfully erected but no longer conforms to the requirements of this Chapter.
- SIGN, PERMANENT SIGNS
- All signs which are not temporary signs.
- SIGN, PERMIT
- A document certifying that the plans for the proposed sign comply with all applicable City ordinances and requirements.
- SIGN, PORTABLE SIGN
- Any sign not permanently attached to the ground or other permanent structure, which is designed to be transported including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs and balloons used as signs.
- SIGN, PROJECTING SIGN
- Any sign affixed to a building or wall in such a manner that its leading edge extends more than fourteen (14) inches beyond the surface of such building or wall but not including a sign suspended from a canopy and mounted perpendicular to a wall.
- SIGN, ROOF SIGN
- Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and/or extending wholly or partially above the highest portion of the roof.
- SIGN, SNIPE SIGN
- A sign affixed to a utility pole, tree, fence, or similar
object and any temporary freestanding sign illegally placed or installed
on public or private property.[Ord. No. 5437 §1, 9-16-2015]
- SIGN, TEMPORARY SIGN
- A sign which is not permanently installed or affixed to any
sign structure or building.[Ord. No. 5437 §1, 9-16-2015]
- SIGN, UNSIGHTLY OR UNKEMPT SIGN
- A sign that is clearly in disrepair, is missing part of its
copy, has letters or other copy that are broken, missing or so faded
that they are difficult to read from the street, is not securely affixed
to either the ground or some other supporting structure, contains
rust or peeling or flaking paint, or has damage to its face which
is clearly visible from the street.[Ord. No. 5437 §1, 9-16-2015]
- SIGN, WALL SIGN
- Any sign attached parallel to, but within fourteen (14) inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one (1) sign face.
- SIGN, WINDOW SIGN
- A sign placed on the surface or within three (3) feet of the inside of a window or other transparent surface and is visible from the exterior of the window or surface.
- SINGLE-FAMILY DWELLING
- An individual dwelling unit located on the ground, either detached and occupying a subdivided lot or attached by means of a party wall to another single-family dwelling unit and occupying a subdivided lot or in condominium ownership.
- SITE CONCEPT PLAN
- A basic plan indicating the phased development or redevelopment of a parcel of land exceeding ten (10) acres in size, or a tract of different size as otherwise required by this Chapter, indicating the proposed use or uses which are to be developed over an extended period of time, the location of existing and proposed buildings and structures, the location and dimensions of the parcel and other basic information as required in Section 405.1080 of this Chapter.
- SITE COVERAGE
- The area of a non-residential site which is covered by buildings, driveways, parking lots, loading areas, but excluding landscaped and green spaces, plaza, pedestrian circulation and unpaved buffer areas. (See also "BUILDING COVERAGE".)
- SITE COVERAGE, RESIDENTIAL
- The area of a residential lot covered by impermeable surfaces including, but not limited to, the main building, accessory buildings, patios and driveways, but not including landscaped areas, swimming pools, spas or sidewalks or pool decks of four (4) feet or less in width.
- SITE DEVELOPMENT PLAN
- A detailed plan for the development or redevelopment of a parcel of land depicting the precise location of all roads, parking areas, proposed buildings, structures, landscaping and planting material, the provision of necessary infrastructure and other information as required in Section 405.1080 of this Chapter.
- SITE DEVELOPMENT PLAN REVIEW
- A procedure whereby the Planning and Zoning Commission reviews and considers the nature of the development upon the site and the potential impacts of that specific proposed development upon surrounding uses and property. Such review is intended to encourage a high standard of site and building design and development, but does not regulate the permissibility of the proposed use(s). (See Section 405.1080.)
- SITE IMPROVEMENTS
- Grading, drainage, utilities, landscaping, lighting, parking, driveways and similar non-building improvements.
- SKY EXPOSURE PLANE
- A theoretical sloped plane beyond which structures are not permitted as illustrated in Figure 2-2.
- SNIPE SIGN
- As to definition of SNIPE SIGN, see "SIGN, SNIPE SIGN".
- SPECIFIED SEXUAL ACTIVITIES
- Intercourse, oral copulation, masturbation, sodomy, or excretory
functions as a part of or in connection with any of the foregoing.
Human genitals in a State of sexual stimulation or arousal or acts
of human masturbation, sexual intercourse, oral copulation, sodomy,
or fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast, and any related excretory functions, or
any sadomasochistic practices or abuse, or bestiality.[Ord. No. 5484 §1, 8-8-2016]
- The side of a store or shop that faces the street of address.
- A paved public or private right-of-way which provides access to abutting properties from the front and complies with the provisions of Chapter 410, Subdivision and Development of Land. The term includes all facilities which normally occur within the right-of-way including such other designations as highway, thoroughfare, parkway, expressway, road, pike, avenue, boulevard, lane, place, court, but shall not include an alley or pedestrian way.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as bearing walls or partitions; columns, beams or girders; or any structural change in the roof.
- A combination of materials assembled, constructed or erected at a fixed location, including a building, the use of which requires location on the ground or attachment to something located on the ground.
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
- 1. Any project for improvement of a structure to correct existing violation of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
- 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
- SUBSTANTIVE CHANGES
- A modification to an approved site development plan which results in an increase in the height, floor area or footprint of buildings or structures; an increase in the number of dwelling units; a decrease in the amount of open space; a decrease in the setback from any property line; or a change that would constitute a variance from the requirements of the zoning ordinance or any other change which significantly alters, modifies or changes material aspects of the plan.
- TEMPORARY SIGN
- As to definition of TEMPORARY SIGN, see "SIGN, TEMPORARY SIGN".
- TEMPORARY USE
- An activity or function of limited duration that may involve the placement of a non-permanent structure and/or the use of open spaces or public areas for gathering of people.
- TREE MASS
- A group of trees located in such close proximity that no one (1) tree is more than thirty (30) feet from any other tree and which contains five (5) or more trees of at least eight (8) inch caliper size. The distance between trees shall be measured from trunk to trunk.
- TREES CENSUS
- A graphic depiction of a parcel of land which indicates the general location of all tree masses and the general location of all trees which are eight (8) inch caliper size or larger including an indication of all such tree masses and all such trees to remain and all such tree masses and all such to be removed.
- TRUST INDENTURE
- A deed involving two (2) or more principals which stipulates that each has certain rights, responsibilities and obligations to the other.
- UNSIGHTLY OR UNKEMPT SIGN
- As to definition of UNSIGHTLY OR UNKEMPT SIGN, see "SIGN, UNSIGHTLY OR UNKEMPT SIGN".
- USABLE FLOOR SPACE
- See "FLOOR AREA".
- The purpose or activity for which land or a building thereon is designed, arranged or intended or for which it is maintained and shall include any manner or performance of such activity with respect to the performance requirements of this Chapter.
- USE LIMITATIONS
- Regulations intended to delimit or emphasize the desired nature and quality of uses permitted within a zoning district.
- USE REGULATIONS
- Regulations which relate to a specific quantifiable use condition such as density or intensity or to building size, bulk or siting conditions occurring anywhere and for any type of building located within a given zoning district.
- WALL SIGN
- As to definition of WALL SIGN, see "SIGN, WALL SIGN".
- WHOLESALE SALE
- The sale of goods, merchandise and commodities for resale.
- WINDOW SIGN
- As to definition of WINDOW SIGN, see "SIGN, WINDOW SIGN".
- An open space on the same lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward except as otherwise permitted in this Chapter.
- YARD, FRONT
- A yard extending along the full width of the lot and lying between the front property line of the lot and the nearest major surface of the principal building on the lot.
- YARD, REAR
- A yard extending across the full width of the lot and lying between the rear property line of the lot and nearest major surface of the principal building on the lot.
- YARD, SIDE
- That part of the yard lying between the nearest major surface of the principal building on the lot and a side property line on the lot and extending from the front yard to the rear yard.
Editor’s Note: The former definition of “adult media store,” which immediately followed this definition, was repealed 8-8-2016 by Ord. No. 5484 §1. See now the definition of “adult book store or adult video store.”