[R.O. 2008 §26-10; Ord. No. 1903 §1, 11-24-1997]
A.
For
the purposes of this Chapter, words and phrases used herein shall
be interpreted as follows:
1.
Words used in the present tense include the future.
2.
The singular includes the plural and the plural includes the singular
unless the context clearly indicates otherwise.
3.
The masculine gender includes the feminine and the neuter, and the
feminine shall include the masculine and the neuter.
4.
The word "herein" means "in this Zoning
Ordinance".
5.
The words "this Chapter" means "this Zoning
Ordinance".
6.
The word "lot" includes the word "plot", "parcel", "site" or "tract" of land.
7.
The term "shall" is mandatory; the term "may" is permissive.
8.
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".
9.
The term "City" means the City of Creve Coeur, Missouri.
10.
"Building Official" shall include the Building Official
of the City of Creve Coeur or a designated assistant.
11.
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:
Is subordinate to and serves a principal building or principal
use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessities of the
users or occupants of the principal building or principal use; and
Is located on the same lot as the principal building or principal use (see Section 405.460).
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.
The area of a lot or parcel that remains after road rights-of-way
are subtracted.
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]
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]
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]
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.[1]
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]
As to definition of ALTER (AS APPLIED TO A SIGN), see "SIGN, ALTER (AS APPLIED TO A SIGN)".
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).
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.
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.
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.
The height, depth, width, density and volume of a building.
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.
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.
The vertical distance from grade to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or
to the mean height level between eaves and ridge of a gable, hip or
gambrel roof. In the case of new construction and building additions,
building height shall be measured from the existing grade prior to
the commencement of any construction.
[Ord. No. 5563, 1-8-2018]
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.
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.
As to definition of BULLETIN BOARD SIGN, INSTITUTIONAL, see "SIGN, BULLETIN BOARD SIGN, INSTITUTIONAL".
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".)
As to definition of CANOPY SIGN, see "SIGN, CANOPY SIGN".
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.
As to definition of CHANGEABLE COPY SIGN, see "SIGN, CHANGEABLE COPY SIGN".
Describing the essential character or dominant theme of an
item.
[Ord. No. 5484 §1, 8-8-2016]
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.
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.
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.
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.
A facility licensed as such by the State of Missouri.
[Ord. No. 5828, 2-13-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 5828, 2-13-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 5828, 2-13-2023]
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.
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.
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.
The diameter of a tree trunk at four and one-half (4.5) feet
above ground. For species of trees whose normal growth pattern is
characterized by multiple stems the diameter at breast height of each
stem shall be measured and the average of all measurements shall constitute
the diameter of the tree.
[Ord. No. 5809, 10-24-2022]
The difference in the rate and volume of stormwater runoff
from a parcel or project in its undeveloped natural condition and
its developed condition.
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.
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.
An architectural support with a maximum of twenty-four (24)
inches in width that may include connections to a gate and is located
at a point of entry, such as either side of a sidewalk, or driveway.
[Ord. No. 5563, 1-8-2018]
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.
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]
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:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers and
where customers are not served their food, frozen desserts or beverages
by a restaurant employee at the same table or counter where the items
are consumed; or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
Any fabric or bunting containing distinctive colors, patterns
or symbols used as a symbol of a government. Any other object with
"flag-like" characteristics is a sign.
[Ord. No. 5605, 9-11-2018]
As to definition of FLASHING SIGN, see "SIGN, FLASHING SIGN".
A geographic area susceptible to periodic inundation from
overflow of natural waterways.
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).
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.
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]
As to definition of FREESTANDING SIGN, see "SIGN, FREESTANDING SIGN".
See definition of "LOT FRONTAGE".
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.
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.
A movable frame or solid structure which swings, slides,
or rolls to control ingress and egress through an opening in a fence,
wall, or hedge or similar vegetation and is connected to a column.
[Ord. No. 5563, 1-8-2018]
A reference plane representing the average of ground level
adjoining the building at all exterior walls. When the finished ground
level slopes away from the exterior walls, the reference plane shall
be established as the lowest point within the area between the building
and the lot line or, when the lot line is more than six (6) feet from
the building, between the building and a point six (6) feet from the
building.
[Ord. No. 5563, 1-8-2018]
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.
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.
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.
As to definition of GROSS SIGN AREA, see "SIGN, GROSS SIGN AREA".
A single-family residence occupied by people who are intellectually disabled or physically disabled and house parents or guardians in accordance with Section 405.450(B).
[Ord. No. 5431 §2, 7-27-2015; Ord. No. 5449 §2, 11-23-2015; Ord. No. 5728, 1-25-2021]
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".
A public or private non-profit institution primarily providing
continuing educational opportunities for students beyond the academic
level of high school.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on local inventory of historic places in
communities with historic preservation programs that have been certified
either:
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.
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.
As to definition of INCIDENTAL SIGN, see "SIGN, INCIDENTAL SIGN".
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.
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.)
The length of the property line of any lot along any street
it borders.
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.
As to definition of LOW MONUMENT SIGN, see "SIGN, LOW MONUMENT".
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.
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.
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:
Before the improvement or repair is started, or
If the structure has been damaged and is being restored, before
the damage occurred. The term does not, however, include either:
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
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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.
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.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 5637, 4-22-2019; Ord.
No. 5828, 2-13-2023]
A facility certified as such by the State of Missouri.
[Ord. No. 5828, 2-13-2023]
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. 5637, 4-22-2019]
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.
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.
A facility licensed as such by the State of Missouri.
[Ord. No. 5637, 4-22-2019; Ord.
No. 5828, 2-13-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 5637, 4-22-2019; Ord.
No. 5828, 2-13-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 5637, 4-22-2019; Ord.
No. 5828, 2-13-2023]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 5637, 4-22-2019]
A facility licensed as such by the State of Missouri.
[Ord. No. 5828, 2-13-2023]
A facility licensed as such by the State of Missouri.
[Ord. No. 5828, 2-13-2023]
See "HOTEL".
As to definition of MOVING SIGN, see "SIGN, MOVING SIGN".
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.
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.
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.
As to definition of NON-CONFORMING SIGN,
see "SIGN, NON-CONFORMING SIGN".
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.
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.
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.
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.
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]
Official certification that a structure conforms to all applicable
City ordinances and requirements and may be used or occupied as proposed
and approved.
A permanently surfaced parking area, enclosed or unenclosed,
connected by a permanently surfaced driveway to a street or alley
to permit ingress or egress.
See "FAST-FOOD RESTAURANT".
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.
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.
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.
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.
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.
As to definition of PERMANENT SIGNS, see "SIGN, PERMANENT SIGNS".
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.
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.
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.
On-site entertainment by live entertainers characterized
by a predominant pattern of advertising and performances.
The structure or structures in which the principal use or
uses on the lot or site are located.
Applies to sexually oriented businesses and exists where
the establishment:
[Ord. No. 5484 §1, 8-8-2016]
Has a substantial [as used in this definition, at least 30%]
portion of its displayed merchandise which consists of the pertinent
items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of the pertinent items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of the pertinent items; or
Derives a substantial portion of its revenues from the sale
or rental of the pertinent items; or
Maintains a substantial section of its interior business space
for the sale or rental of the pertinent items; or
Maintains an adult arcade.
The main use of land, structures or improvements as distinguished
from a secondary or accessory use.
See "GARAGE (PRIVATE)".
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.
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.
As to definition of PROJECTING SIGN, see "SIGN, PROJECTING SIGN".
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.
See "YARD, FRONT" and "BUILDING
LINE".
The highest point on any building where an exterior wall
encloses usable floor area including floor area provided for housing
mechanical equipment.
As to definition of ROOF SIGN, see "SIGN, ROOF SIGN".
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]
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]
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]
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.
A commercial establishment offering goods for sale or rent
that meets any of the following tests:
[Ord. No. 5484 §1, 8-8-2016]
The establishment offers for sale items from any two (2) of
the following categories:
Adult media;
Lingerie; or
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.
More than ten percent (10%) of its stock in trade consists of
sexually oriented toys or novelties.
More than ten percent (10%) of its gross public floor area is
devoted to the display of sexually oriented toys or novelties.
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]
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]
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]
A rental of any legally permitted dwelling unit, or a portion
of such a legally permitted dwelling unit for a period of less than
thirty (30) consecutive days to a specific renter.
[Ord. No. 5631, 3-25-2019; Ord.
No. 5868, 12-11-2023]
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.
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.)
|
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.
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]
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.
A sign attached to a building or freestanding which contains
changeable copy information such as announcements of events or activities.
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.
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.
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.
The area or display surface used for the message of a 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.
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.
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.
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.
A sign which is too small to be legible from a position off
the premises, and for any such sign that is outdoors, on the exterior
of a building or a window sign is less than twenty-five (25) square
feet.
[Ord. No. 5605, 9-11-2018]
A freestanding sign not more than six (6) feet high which
is located adjacent to a road right-of-way.
Any sign attached to in any manner or made a part of a marquee
and which may include changeable copy.
Any sign or part of a sign which changes physical position
by any movement or rotation.
Any sign that was lawfully erected but no longer conforms
to the requirements of this Chapter.
All signs which are not temporary signs.
A document certifying that the plans for the proposed sign
comply with all applicable City ordinances and requirements.
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.
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.
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.
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]
A sign which is not permanently installed or affixed to any
sign structure or building.
[Ord. No. 5437 §1, 9-16-2015]
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]
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.
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.
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.
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.
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".)
The area of a single-family zoned, 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 around the perimeter of the pool. Areas improved
with permeable concrete, asphalt or pavers, or an engineered gravel
system with decorative surface gravel shall be counted at fifty percent
(50%) of their area in calculating site coverage for a residential
lot and shall be maintained per manufacturer requirements. An open-slatted
elevated deck of at least six (6) feet above grade shall be counted
at fifty percent (50%) of its area in calculating site coverage provided
that the area below provides for sufficient drainage through permeable
surfaces such as grass, rock, or landscaping.
[Ord. No. 5563, 1-8-2018; Ord. No. 5728, 1-25-2021]
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.
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.)
Grading, drainage, utilities, landscaping, lighting, parking,
driveways and similar non-building improvements.
A theoretical sloped plane beyond which structures are not
permitted as illustrated in Figure 2-2.
|
FIGURE 2-2
|
|---|
 |
As to definition of SNIPE SIGN, see "SIGN, SNIPE SIGN".
[Ord. No. 5484 §1, 8-8-2016]
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.
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.
See Chapter 410, Subdivision and Development of Land.
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.
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:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
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.
As to definition of TEMPORARY SIGN, see "SIGN, TEMPORARY SIGN".
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.
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 six (6) inch diameter at breast height 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.
[Ord. No. 5809, 10-24-2022]
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 six (6) inch diameter
at breast height. The distance between trees shall be measured from
trunk to trunk.
[Ord. No. 5809, 10-24-2022]
A deed involving two (2) or more principals which stipulates
that each has certain rights, responsibilities and obligations to
the other.
As to definition of UNSIGHTLY OR UNKEMPT SIGN, see "SIGN, UNSIGHTLY OR UNKEMPT SIGN".
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.
Regulations intended to delimit or emphasize the desired
nature and quality of uses permitted within a zoning district.
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.
As to definition of WALL SIGN, see "SIGN, WALL SIGN".
The sale of goods, merchandise and commodities for resale.
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.
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.
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.
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.
[1]
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.”
