[Ord. No. 918 §2, 5-1-2008]
For the purpose of these regulations, words used in the present
tense shall include the future tenses; words in the singular number
include the plural and words in the plural number include the singular,
except where the natural construction of the writing indicates otherwise.
The word "shall" is mandatory and not directory.
The word "may" is permissive. The word "building" includes the word "structure" and "structure" includes "building". The word "dwelling" includes the word "residence" and "residence" includes "dwelling". Words and terms not defined
herein shall be interpreted in accordance with their normal dictionary
meaning and customary usage.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §1, 1-11-2010]
For the purposes of these regulations, certain terms and words
are to be used and interpreted as defined hereinafter.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is incidental
to the main use of the premises.
An officer or individual having specific authority to administer
the regulations of this Article.
A business establishment which, as its principal purposes,
offers for sale, rental, display or viewing for any form of consideration
any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
computer disks or other visual representations which depict or describe
"sexual activities" or "anatomical areas".
Instruments, devices or paraphernalia which are designed for
use in connection with "sexual activities".
Business establishment where for any form of consideration films,
motion pictures, video cassettes, slides, computer disks or similar
photographic reproductions are regularly shown which are characterized
by the depiction of "sexual activities" or "anatomical areas".
A business establishment where for any form of consideration
dancing or viewing of live nude or semi-nude men or women is conducted.
Such uses as described above shall not be considered "adult"
for the purpose of being required to locate within an industrial zoning
district if the following criteria are met:
The sale of merchandise is an accessory use to a non-adult oriented
business.
All merchandise is packaged for sale and use off of the premises
with no "adult" oriented activity taking place on the premises.
The area is completely screened from public view and occupies
no more than twenty-five percent (25%) of the general sales area of
the business.
The growing of crops or the raising of livestock or poultry
in such a manner that they are incidental to the acreage farmed, provided
however, that such land shall consist of at least ten (10) acres in
one (1) parcel or in continuous parcels under common ownership or
operation. The feeding or disposal of community or collected garbage
shall not be deemed an agricultural use, nor shall the raising of
fur-bearing animals, riding academies, livery or boarding stables
or animal shelters be so considered.
A public way which affords only a secondary means of access
to property abutting thereon and which is at least twenty (20) feet
wide.
As applied to a building or structure, means a change or
rearrangement in the structural parts or an enlargement, whether by
extending on a side or by increasing in height; or the moving from
one location or position to another.
Shall include dogs, cats, birds, fish, potbellied pigs, ferrets,
hedgehogs, rodents, snakes and amphibians and other animals typically
sold in a retail pet store.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
See "DWELLING, MULTIPLE".
Repairs such as changing oil; spark plugs; tires or air/oil
filters; adjusting brakes; replacing carburetors; repairing or switching
tires; replacing the alternator; or repairs of a similar nature.
All repairs other than minor repairs.
A story having part but not more than one-half (½)
of its height above grade.
A paved area a minimum of six (6) feet in width designed
specifically for the movement of pedestrians and non-motorized cyclists.
A sign which directs attention to business, service or commercial
activity offered elsewhere than on the same lot.
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
right-of-way, public walks, parks or green strips, rural land or drainage
channels or a combination thereof.
A body of persons which may determine and vary this Chapter
in accordance with the rules contained within the Board of Adjustment
Section of this Chapter.
The Governing Body of the City of New Haven, Missouri.
A building, other than a hotel, where for compensation and
by arrangement lodging and meals are provided for three (3) or more
persons.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
A building surrounded by open space.
The vertical distance from the grade to the highest point
of the coping of the flat roof or to the deck line of a mansard roof
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A line parallel to the street right-of-way line beyond which
a building shall not extend closer to the street.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any building not designed to be permanently located at the
place where it is or where it is intended to be temporarily placed
or affixed.
A story having more than one-half (½) of its height
below grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
A permanent building primarily and regularly used as a place
of religious worship.
[Ord. No. 1428, 3-13-2023]
City of New Haven, Missouri, and its agencies, departments,
agents and employees acting within their respective areas of authority.
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
A business whose principal purpose is designed for profit.
Any licensed motor vehicle, truck or bus designed to carry passengers,
freight and/or merchandise for the purpose of this Chapter; said vehicle
shall be a vehicle licensed by the State at a gross vehicular weight
in excess of twelve thousand (12,000) pounds or in any case exceeding
twenty-four (24) feet in length; or
Any licensed motor vehicle, truck or bus designed to carry passengers,
freight and/or merchandise including any vehicle larger than a standard
full size passenger/conversion van or one-half (½) ton pickup
truck. "Commercial vehicles" shall include, but not
be limited to, "panel" delivery trucks, "cube trucks", dump trucks,
street cleaners or other vehicles/equipment typically designed for
delivery, hauling or construction purposes.
Standard size passenger vans and pickup trucks used for commercial
purposes shall be maintained in an orderly fashion with all materials,
equipment and accessories screened from public view. Ladders shall
be exempt from such screening requirements.
The Planning and Zoning Commission of the City of New Haven.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision and which is transferred
by the developer in fee simple absolute title by a deed or instrument
of dedication or conveyance to trustees whose trust indenture shall
provide that common land be used for the sole benefit, use and enjoyment
of the lot owners present and future. No lot owner shall have the
right to convey his/her interest in the common land except as an incident
of the ownership of a regularly platted lot. Common ground shall not
be construed to mean public open space.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 1428, 3-13-2023]
A facility licensed by the department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones) to a medical facility, comprehensive facility,
or marijuana testing facility. A comprehensive marijuana cultivation
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of prerolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 1428, 3-13-2023]
A facility licensed by the department to acquire, process,
package, store on-site or off-site, sell, transport to or from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Section to a
qualifying patient or primary caregiver, as those terms are defined
in Section 1 of this Article, or to a consumer, anywhere on the licensed
property or to any address as directed by the patient. primary caregiver.
or consumer and consistent with the limitations of this Article and
as otherwise allowed by law, to a comprehensive facility, a marijuana
testing facility, or a medical facility. Comprehensive dispensary
facilities may receive transaction orders at the dispensary directly
from the consumer in person, by phone, or via the interne including
from a third party. A comprehensive marijuana dispensary facility
need not segregate or account for its marijuana products as either
non-medical marijuana or medical marijuana, but shall collect all
appropriate tangible personal property sales tax for each sale, as
set forth in this Article and provided for by general or local law.
A comprehensive marijuana dispensary facility's authority to process
marijuana shall include the creation of prerolls.
[Ord. No. 1428, 3-13-2023]
A facility licensed by the department to acquire, process,
package, store, manufacture, transport to or from a medical facility,
comprehensive facility, or marijuana testing facility, and sell marijuana-infused
products, prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another marijuana-infused
products manufacturing facility. A comprehensive marijuana-infused
products manufacturing facility need not segregate or account for
its marijuana products as either non-medical marijuana or medical
marijuana.
[Ord. No. 1428, 3-13-2023]
A long-range master plan for area development including studies
of land use, traffic volume and flow, schools, parks and other public
buildings and as defined by the Missouri State Statutes.
A form of ownership in which the interior space of a living
unit is held by an individual owner with all individual owners sharing
in the ownership of common areas.
Permitting, suffering or allowing a mobile home or a manufactured
home or homes to be parked, kept, stored, camped, maintained or to
remain upon any lot, parcel or tract of real property within a minimum
three (3) acre tract of real property within the City for any fee,
charge, rent, price or other valuable consideration which in any way
directly or indirectly emanated from or is pair by the owner(s) or
occupant(s) of such manufactured or mobile home(s) to the owner, occupant
or manager of such real estate.
A person who is at least twenty-one (21) years of age.
[Ord. No. 1428, 3-13-2023]
A generic term describing prisons, jails, reformatories and
other places of correction and detention.
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
[Ord. No. 1428, 3-13-2023]
A facility, other than the provider's living quarters, where
care is provided for children for any part of the twenty-four (24)
hour day.
A day care home or a day care center, whether known or incorporated
under another title or name.
The care of an adult away from his/her own home for any part
of the twenty-four (24) hour day for compensation or otherwise. Day
care is a voluntary supplement to the person's regular home activities
and/or a designated guardian's responsibility for the person's protection,
development and supervision. Day care may be given in a day care home
or day care center subject to any applicable regulations or approvals.
A family home, occupied as a permanent residence by the day
care provider, conducted or maintained by any person who advertises
or holds himself/herself out as providing care for less than five
(5) children or adults during the daytime and in which family like
care is given and who are not related to the day care provider, for
any part of the twenty-four (24) hour day.
The allocation of land within a development for a pedestrian/bike
trail and/or open space for the enjoyment of the residents of the
City or the residents of the development.
The number of dwelling units located on an acre of land in
which the land area excludes all but that land devoted to living facilities,
the accessory uses thereon and the required open space thereon.
The ratio between the total number of dwelling units on a
zoning lot and the total zoning lot area measured in acres —
result being the number of dwelling units per gross acre.
The ratio between the total number of dwelling units on a
zoning lot and that portion of the zoning lot upon which the dwelling
units are actually located or proposed — the result being the
number of dwelling units per net acre. In determining net density,
all land area associated with and accessory to the dwelling unit,
including private streets and driveways, off-street parking facilities
and common open space and recreational facilities, shall be included
in the calculation. Net density calculations exclude rights-of-way
of publicly dedicated streets and non-residential structures, land
uses and accessory facilities.
Any individual, firm or corporation by whom a tract will
be subdivided into not less than two (2) parcels or lots and/or improved
to the requirements of the Chapter.
The act of changing as well as the state of a tract of land
after its function has been purposely changed by man including, but
not limited to, structures on the land and alterations to the land.
A section or sections of the City of New Haven for which
the zoning regulations governing the use of buildings and premises,
the height of buildings, the size of yards and the intensity of use
are uniform.
Any building or portion thereof which is designed for or
used exclusively for residential purposes.
A dwelling joined to two (2) other dwellings by party walls
or vertical cavity walls and above ground physically unifying horizontal
structural elements.
A dwelling which is surrounded on all sides by open spaces
on the same zoning lot.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied by one (1) family.
A building designed for or occupied exclusively by two (2)
families.
A room or group of rooms occupied or intended to be occupied
as separate living quarters by a family.
A grant by a property owner to a municipal utility, corporation
or person engaged in the operation of an enterprise regulated by the
Missouri Public Service Commission for the purpose of installation,
improvement and maintenance of public utilities.
A grant by a property owner to the City, County or State
for the purpose of road maintenance, improvement and widening.
A dwelling unit consisting of one (1) room exclusive of bathroom,
hallway, closets or dining alcove directly off the principal room.
Devoted to charitable purposes.
The duly designated engineer of the City.
A financial institution whose deposits are Federally insured
by the United States of America.
The front or main part of the building facing a street.
An individual or two (2) or more persons occupying a premises
and living as a single housekeeping unit, whether or not related to
each other by birth or marriage, as distinguished from a group occupying
a boarding house, lodging house or hotel as herein defined.
A tract of land having thereon an agricultural use.
A structure and/or materials consisting of wood (rails or
stakes), vinyl, wire, masonry, vegetation (hedge) or other similar
materials erected so as to provide a barrier or enclosure along the
boundaries of a yard or lot. Such fence may or may not have openings
for sidewalks and driveways within its vertical surface depending
on its construction and use.
Any fence which substantially reduces the sight distance
for adjacent properties or the traveling public. These fence types
include, but are not limited to, wood stockade fence, vinyl fence,
masonry fence, shadow-box fence or thick vegetation (hedges).
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils
or accessories including lubrication of automobiles and replacement
or installation of minor parts and accessories but not including major
repair work such as motor replacement, body and fender repair or spray
painting.
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches or attics not used for human
occupancy or any floor space in accessory buildings or in the main
building intended and designed for the parking of motor vehicles in
order to meet the parking requirements of this Chapter or any such
floor space intended and designed for accessory heating and ventilating
equipment. It shall include the horizontal area at each floor level
devoted to stairwells and elevator shafts.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street or if the street is dead ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two (2) ton capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling or storing motor-driven vehicles.
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients and within which motor fuels
and oils may be sold, but no motor-driven vehicles are equipped, repaired,
hired or sold.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalks at the centers of all
walls adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building. Any wall approximately parallel to and not
more than five (5) feet from a street line shall be considered as
adjoining the street. Where no sidewalk exists, the grade shall be
established by the City Engineer.
A visual barrier composed of evergreen plants, trees and
grass arranged to form both a low-level and a high-level screen.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
After the time this Chapter becomes effective.
Before the time this Chapter became effective.
Any occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling purposes and which
is carried on wholly within a main building by a member of a family
residing on the premises, in connection with which there is no advertising
other than an identification sign of not more than one (1) square
foot in area and no other display or storage of materials or exterior
identification of the home occupation or variation from the residential
character of the main building or accessory building; and in connection
with which no person outside the family is employed and no equipment
used which creates offensive noise, vibration, smoke, dust, odor,
heat or glare. A home occupation shall not include the conducting
of a tea room or restaurant, rest home, clinic, child care center,
tourist home, real estate office or cabinet, metal or auto repair
shop.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public as opposed to a boarding house, a lodging house or an
apartment which are herein separately defined.
Grading, sanitary and storm sewer, water mains, pavements,
curbs and gutters, sidewalks, road signs, lights, trees and other
appropriate improvements required to render land suitable for the
use proposed.
A consumable or smokable marijuana product, generally consisting
of: 1) a wrap or paper; 2) dried flower, buds, and/or plant material;
and 3) a concentrate, oil or other type of marijuana extract, either
within or on the surface of the product. Infused prerolls may or may
not include a filter or crutch at the base of the product.
[Ord. No. 1428, 3-13-2023]
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
The use of land or buildings for the purpose of selling,
breeding, boarding or training dogs or cats; or the keeping of three
(3) or more dogs over four (4) months of age or the keeping of three
(3) or more cats over four (4) months of age or the keeping of no
more than a total of three (3) adult dogs or adult cats. The word "selling", as herein used, shall not be construed to include
the sale of animals four (4) months in age or younger which are the
natural increase of animals kept by persons not operating a kennel
as herein defined; nor shall selling be determined to include isolated
sales of animals over four (4) months old by persons not operating
a kennel as herein defined.
|
INDOOR — A facility where the primary
holding pens for the animal and all associated noise, odors and other
activities associated with the business are primarily contained within
a closed building.
| |
|
OUTDOOR — A facility where the primary
holding pens for the animal may be either inside or outside of a closed
building. "Primary holding pens" shall include, but
not be limited to, fenced pens, outside runs and training areas.
|
A business that provides home-type washing, drying or ironing
machines for hire to be used by customer on the premises.
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks having a minimum
dimension of twelve (12) by forty (40) feet and a vertical clearance
of at least fourteen (14) feet.
A building, other than a hotel, where lodging only is provided
for three (3) or more but not more than twenty (20) persons.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, the open spaces and parking spaces required
by the zoning ordinance and having its principal frontage upon a street
or upon an officially approved place.
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street purposes.
A lot abutting upon two (2) or more streets at their intersection.
The average distances between the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
The line separating the lot from the right-of-way of the
street on which it fronts.
The lot line opposite and most distant from the front lot
line.
Any lot line between the front yard and rear yard area.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of Franklin County
or a parcel of land, the deed of which was recorded in the office
of the Recorder of Deeds prior to the adoption of this Chapter.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning and Zoning Commission in the Comprehensive Plan of
the City of New Haven.
Any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
[Ord. No. 1428, 3-13-2023]
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business licensed or certified by the
department pursuant to this Section.
[Ord. No. 1428, 3-13-2023]
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 marijuana plant and marijuana-infused products.
"Marijuana" or "marihuana" do not include industrial hemp [containing
a crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis,]
as defined by Missouri Statute, or commodities or products manufactured
from industrial hemp.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
Products that are infused, dipped, coated, sprayed, or mixed
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,] products
that are able to be vaporized or smoked, edible products, ingestible
products, topical products, suppositories, and infused prerolls.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
A facility licensed by the department as a microbusiness
dispensary facility or microbusiness wholesale facility, as defined
in this Section.
[Ord. No. 1428, 3-13-2023]
A facility certified by the department to acquire, test,
certify, and transport marijuana, including those originally certified
as a medical marijuana testing facility.
[Ord. No. 1428, 3-13-2023]
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility, as defined in this Section.
[Ord. No. 1428, 3-13-2023]
A facility licensed by the department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, and marijuana vegetative cuttings
(also known as clones) to a medical marijuana dispensary facility,
medical marijuana testing facility, medical marijuana cultivation
facility, or to a medical marijuana-infused products manufacturing
facility. A medical marijuana cultivation facility's authority to
process marijuana shall include the production and sale of prerolls,
but shall not include the manufacture of marijuana-infused products.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
A facility licensed by the department to acquire, process,
package, store on-site or off-site, sell, transport to or from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Section to a
qualifying patient, a primary caregiver, anywhere on the licensed
property or to any address as directed by the patient or primary caregiver,
so long as the address is a location allowing for the legal possession
of marijuana, another medical marijuana dispensary facility, a [medical]
marijuana testing facility, a medical marijuana cultivation facility,
or a medical marijuana-infused products manufacturing facility. Dispensary
facilities may receive transaction orders at the dispensary in person,
by phone, or via the internet, including from a third party. A medical
marijuana dispensary facility's authority to process marijuana shall
include the production and sale of prerolls, but shall not include
the manufacture of marijuana-infused products.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
A facility licensed by the department to acquire, process,
package, store on-site or off-site, manufacture, transport to or from,
and sell marijuana-infused products to a medical marijuana dispensary
facility, a [medical] marijuana testing facility, a medical marijuana
cultivation facility, or to another medical marijuana-infused products
manufacturing facility.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
A facility certified by the department to acquire, test,
certify, and transport marijuana including those originally licensed
as a medical marijuana testing facility.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
A facility licensed by the department to acquire, process,
package, store on-site or off-site, sell, transport to or from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Section to a
consumer or qualifying patient as that term is defined in this Section,
or primary caregiver, as that term is defined in this Section, anywhere
on the licensed property or to any address as directed by the consumer,
qualifying patient, or primary caregiver and, consistent with the
limitations of this Section and as otherwise allowed by law, a microbusiness
wholesale facility, or a marijuana testing facility. Microbusiness
dispensary facilities may receive transaction orders at the dispensary
directly from the consumer in person, by phone, or via the internet,
including from a third party. A microbusiness dispensary facility's
authority to process marijuana shall include the creation of prerolls.
[Ord. No. 1428, 3-13-2023]
A facility licensed by the department to acquire, cultivate,
process, package, store on-site or off-site, manufacture, transport
to or from, deliver, and sell marijuana, marijuana seeds, marijuana
vegetative cuttings (also known as clones), and marijuana infused
products to a microbusiness dispensary facility, other microbusiness
wholesale facility, or marijuana testing facility. A microbusiness
wholesale facility may cultivate up to two hundred fifty (250) flowering
marijuana plants at any given time. A microbusiness wholesale facility's
authority to process marijuana shall include the creation of prerolls
and infused prerolls.
[Ord. No. 1428, 3-13-2023]
A single-family dwelling unit that has the following characteristics:
Designed for long-term occupancy containing sleeping accommodations,
flush toilet, tub or shower bath and kitchen facilities, with plumbing
and electrical connections provided for attachment to outside systems.
Designed to be transported after fabrication on its own wheel,
flat bed, other trailers or detachable wheels.
Arrives at site where it is to be occupied as a dwelling unit
complete with major appliances and furniture and ready for occupancy
except for minor and incidental unpacking and assembly operations,
location on foundation supports, connection to utilities and the like.
Any parcel of land consisting of three (3) or more acres
upon which two (2) or more mobile homes occupied for dwelling or sleeping
purposes are located, regardless of whether or not a charge is made
for such accommodation. A "mobile home space" means
the area within a mobile home district designed for the accommodation
of one (1) mobile home.
A dwelling unit made of one (1) or (usually) more modules
built in a factory and erected on a foundation. The dwelling unit
adheres to the Building Code and is considered real property.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers for compensation, as such it is
open to the public.
Any commercial business which, by design, type of operation
and nature of business, has as one (1) of its functions the provision
of services to a number of motor vehicles or their occupants in a
short time span for each or the provision of services to the occupants
of the motor vehicle while they remain in the vehicle. The list of
such businesses includes gasoline service stations, drive-in banks,
drive-in restaurants, drive-in beverage sales and car wash operations.
These examples are not intended as a comprehensive list of such businesses.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
A lawful condition of a structure or land which does not
conform to the regulations of the district in which it is situated.
This may include, but is not limited to, failure to conform to use,
height, area, coverage or off-street parking requirements.
Any mobile home park that existed prior to the effective
date of this ordinance and which does not conform to the mobile home
park design standards as set out in this Chapter shall be considered
a non-conforming mobile home park.
A structure or land lawfully occupied by a use that does
not conform to the regulations of the district in which it is located.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept and provided
with food or shelter and care for compensation but not including hospitals,
clinics or similar institutions devoted primarily to the diagnosis,
treatment or care of the sick or injured.
An office consisting of a single use and carried on by not
more than three (3) individuals (not necessarily related).
The date when a subdivision plat shall be considered submitted
to the Planning and Zoning Commission and is hereby defined to be
the date of the meeting of the Planning and Zoning Commission at which
all required surveys, plans and data are submitted.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites and other lands.
That portion of a building wall that rises above the roof
level.
An open unoccupied space used or required for use for parking
of vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
A paved surface providing vehicular parking spaces, along
with adequate drives and aisles for maneuvering, so as to provide
access for entrances and exits for the parking of three (3) or more
vehicles. Such pavement structure shall be approved by the City Engineer.
A surfaced area enclosed in the main building or in an accessory
building; or enclosed and meeting the "parking stall requirements";
permanently reserved for the temporary storage of one (1) automobile
and connected with a street or alley by a surfaced driveway which
affords satisfactory ingress and egress for automobiles.
Any asphalt or concrete surface designed for the parking
of and/or driving of vehicles upon.
An unsecured loan under five hundred dollars ($500.00) as
defined in Chapter 408 of the Small Loan Act of the State Statutes
of the State of Missouri.
The business of making loans for a period of thirty (30)
days or less in duration, intended to coincide with the period from
one payday of the borrower to the next and in principal amounts of
five hundred dollars ($500.00) or less.
Any individual, firm, partnership, association, corporation,
company or organization of any kind or any lawful successor thereto
or transferee thereof.
An open unoccupied space or a public or private thoroughfare,
other than a street or alley, permanently reserved as the principal
means of access to abutting property.
A residential, commercial or industrial cluster development
in accordance with a plan in which certain variations to the strict
letter of the law are allowed and in which open spaces for landscaping
and recreation are encouraged. Planned unit developments include,
but are not limited to, condominiums and cooperatives.
The Planning and Zoning Commission of the City of New Haven.
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
A map of a proposed land subdivision showing the character
and proposed layout of the tract in sufficient detail to indicate
the suitability of the proposed subdivision of land.
A map of land subdivision prepared in form suitable for filing
of record with necessary affidavits, dedications and acceptances and
with complete bearings and dimensions of all lines defining lots and
blocks, streets and alleys, public areas and other dimensions of land.
A consumable or smokable marijuana product, generally consisting
of: 1) a wrap or paper; and 2) dried flower, buds, and/or plant material.
Prerolls may or may not include a filter or crutch at the base of
the product.
[Ord. No. 1428, 3-13-2023]
The boundaries of a lot.
A system serving two (2) or more dwelling units and approved
by the Missouri Clean Water Commission.
A system serving two (2) or more dwelling units and approved
by the Missouri Department of Health.
All types of boats and/or trailers as defined under this
Chapter.
A vehicle whether self-propelled or a trailer which is constructed
with sufficient equipment to render it suitable for use as a temporary
dwelling for travel, recreational and vacation uses.
A public way established or dedicated by duly recorded plat,
deed, grant, governmental authority or by operation of the law.
See "LODGING HOUSE".
The horizontal distance from a property line, measured at
right angles to such property line, to the nearest part of a building
or structure on the lot.
A group of commercial establishments planned and developed,
owned or managed as a unit with off-street parking and loading provided
on the property and related in its location, size and type of shops
to the trade area which the unit serves.
A drawing illustrating a proposed development and prepared
in accordance with the specifications outlined in the various Articles,
procedures and Sections of this Chapter.
Any container or vessel originally designed for, or used
in, the packing, storage, shipping, movement or transportation of
cargo, freight, goods, equipment or commodities; and/or any container
or vessel designed to be, or capable of being, mounted or moved by
rail, truck, or ship by means of being mounted on a chassis or other
transportation device, including portable on-site-storage containers,
or units having similar characteristics; any railroad cars, van trucks,
converted mobile homes, trailers, recreational vehicles, bus bodies,
vehicles, and similar pre-fabricated items originally built for purposes
other than the storage of goods and materials.
[Ord. No. 1401, 5-9-2022]
That portion of a building, other than a cellar, included
between the surface of any floor and the surfaces of the floor next
above it or if there be no floor above it, then the space between
the floor and the ceiling next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than three (3) feet above the floor of such story, except that
any partial story used for residence purposes, other than for a janitor
or caretaker or his/her family or by a family occupying the floor
immediately below it, shall be deemed a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A multi-lane facility designed for movement of a relatively
large volume of traffic. Arterials provide connections between local
and collector streets and the freeways.
A street located within a neighborhood or other integrated
use area which collects from and distributes traffic to local streets
and connects arterial streets.
A street or a portion of a street with only one (1) vehicular
traffic outlet. The closed end has a turnaround.
A minor street generally parallel to and adjacent to arterial
streets and highways which provides access to abutting properties
and protection from through traffic.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
A street intended to serve primarily as an access to abutting
properties.
A street not accepted by dedication or otherwise by the Board
of Aldermen.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any substantial
change in the roof or in the exterior walls excepting such repair
or replacement as may be required for safety of the building but not
including openings in bearing walls as permitted by existing ordinances.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground including, but without limiting
the general inclusiveness of the foregoing, advertising signs, billboards,
backstops for tennis courts and pergolas.
A person, firm, corporation, partnership or association who
shall lay out any subdivision or part thereof as defined herein, either
for himself/herself or others.
The division or redivision of land into two (2) or more lots,
tracts, sites or parcels for the purpose of transfer of ownership
or for development or the dedication or vacation of a public or private
right-of-way or easement.
The developer(s), the members of the board of managers; or
subdivision trustees; or any other organizations whether incorporated
or not established by any subdivision indentures of covenants and
restrictions which have as their duties or its duties any one (1)
or more of the following:
The management or ownership or control of the streets, thoroughfares,
ways and lanes in a subdivision which are not public ways and have
not been accepted by the City of New Haven for maintenance or ownership
management or control of common ground or entrance monuments identifying
the subdivision.
The enforcement of all restrictive covenants pertaining to land,
common ground and lots within the subdivision.
Regulations as adopted by the Board of Aldermen regulating
the subdivision of land.
The business of lending money with the pledge of personal
property as collateral, evidenced by a certificate of title issued
by the State of Missouri and regulated under Sections 367.500 through
367.533, RSMo., as from time to time amended.
An area or parcel of land which the developers intend to
subdivide and/or improve or to cause to be subdivided and/or improved
pursuant to the requirements of this Chapter.
A vehicle, other than a motor vehicle, designed or intended
for use for dwelling purposes, whether or not such vehicle is attached
to or resting on the ground or something having a location on the
ground.
The measures necessary to comply with the rules or ordinances
adopted pursuant to this Section subject the party to such a high
investment or expense of money, time, or any other resource or asset
that a reasonably prudent businessperson would not operate the facility:
and, (when referring to qualifying patients, primary caregivers, physicians,
nurse practitioners, or other party) "unduly burdensome" means the
measures necessary to comply with the rules or ordinances adopted
pursuant to this Section undermine the purpose of this Section.
[Ord. No. 1428, 3-13-2023]
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
A use which is permitted in the zoning district in which
it is located.
A review conducted by the Planning and Zoning Commission
whereby a use is permitted to occur in that district, but only upon
its approval and subject to those conditions placed upon it by the
Commission.
Relief from or variation of the provisions of these regulations
as applied to a specific piece of property.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies or uncovered porch.
On corner lots, the front yard shall be considered as being parallel
to the street upon which the lot has its least dimension.
In measuring a yard for the purpose of determining the width
of a side yard or the depth of a front or rear yard, the horizontal
distance between the side lot line, front lot line or rear yard, respectively,
and a line parallel thereto and passing through the nearest point
of the building shall be used.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot and extending from the required front yard to the required rear
yard and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
The official Zoning District Map of the City of New Haven.
Such map being located in the office of the City Clerk.
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references and symbols contained or to which reference
is made.
