[Ord. No. 05-424 §1, 11-14-2005; Ord. No. 06-431 §1, 3-13-2006; Ord. No. 06-440 §1, 12-11-2006; Ord. No. 11-501 §1, 11-14-2011]
For the purpose of this Chapter, certain terms and words are
herewith defined as follows:
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular; the word "building" includes
the word "structure"; the word "shall" is mandatory and not directory.
ACCESSORY USE
A structure or use that:
1.
Is clearly incidental to and customarily found in connection
with a principal building or use;
2.
Is subordinate to and serves a principal building or a principal
use;
3.
Is subordinate in area, extent or purpose to the principal building
or principal use served;
4.
Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
and
5.
Is located on the same lot as the principal building or use
served.
ADMINISTER
The direct application of medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
[Ord. No. 19-589, 6-10-2019]
1.
Ingestion of capsules, teas, oils, and other Marijuana-Infused
Products;
2.
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
3.
Application of ointments or balms;
4.
Transdermal patches and suppositories;
5.
Consuming Marijuana-Infused food Products;
6.
Any other method recommended by a Qualifying Patient's Physician as authorized by Article
XIV, Section 1 of the Missouri Constitution.
ADULT MEDIA
Magazines, books, videotapes, movies, slides, paraphernalia
or other media which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
ADULT USES
The following words associated with adult entertainment or
uses shall have these definitions:
1.
ADULT BOOKSTORE: An establishment that, as
a regular and substantial business purpose, offers for sale or rent
books, magazines, periodicals or other printed matter, photographs,
slides, films or videotapes that are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas". The derivations
of, modifications of or terms directly associated with adult bookstore
shall maintain the following definitions.
2.
ADULT ENCOUNTER PARLOR: An establishment that,
as a regular and substantial portion of its business, provides premises
where customers congregate, associate or consort with employees and/or
performers or private contractors who display "specified anatomical
areas" in the presence of such customers with the intent of providing
sexual gratification or stimulation to such customers.
3.
ADULT ENTERTAINER: Any person who provides
adult entertainment within an adult entertainment business as defined
in this Article, whether or not a fee is charged or accepted for entertainment.
4.
ADULT ENTERTAINMENT: Any live exhibition, performance,
display or dance of any type including, but not limited to, talking,
singing, reading, listening, posing, serving food or beverages, soliciting
for the sale of food, beverages or entertainment, pantomiming, modeling,
removal of clothing or any service offered for amusement on a premises
where such exhibition, performance, display or dance is intended to
seek to arouse or excite the sexual desires of the entertainer, other
entertainers or patrons or if the entertainment involves a person
who is nude or in such an attire, costume or clothing as to expose
to view any "specified anatomical area".
5.
ADULT ENTERTAINMENT BUSINESS: Any enterprise
to which the public, patrons or members are invited or admitted and
where providing "adult entertainment", as defined herein, is a regular
and substantial portion of its business.
6.
ADULT ENTERTAINMENT CABARET: An establishment
that, as a regular and substantial portion of its business, is providing
adult entertainment which features strippers, male or female impersonators,
go-go dancers, live performances or material that is primarily characterized
by an emphasis on "specified sexual activities" or "specified anatomical
areas".
7.
ADULT ENTERTAINMENT STUDIO: Includes the terms
rap studio, exotic dance studio, sensitivity studio and/or encounter
studio. An establishment whose premises is physically arranged to
provide booths, cubicles, rooms, compartments or stalls separate from
the common areas of the premises and where a regular and substantial
portion of its business is providing entertainment which features
materials or live performances characterized by an emphasis on or
features materials relating to "specified sexual activities" or the
exhibition of "specified anatomical areas".
8.
ADULT MEDIA OUTLET: An establishment that has
as a regular and substantial business purpose the rental, sale or
offering for viewing or other use off the premises of any film, motion
picture, video cassette, slide or photographic reproduction that are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
9.
ADULT MOTEL: An establishment that, as a regular
and substantial portion of its business, is offering public accommodations
for consideration for the purpose of viewing closed circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions that are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas" and rents room accommodations
for less than six (6) hours at a time.
10.
ADULT MOTION PICTURE THEATER: An establishment
from which a screen or projection area can be viewed where a regular
and substantial portion of its business is the exhibition to customers
of films, videotapes or motion pictures that are intended to provide
sexual stimulation or sexual gratification to the customers and that
are distinguished by or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
11.
ADULT NEWSRACK: Any coin- or card-operated
device that offers for sale by dispensing printed material that is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
12.
ADULT NEWSSTAND: A freestanding structure,
vehicle or booth that, as a regular and substantial business purpose,
offers for sale books, magazines, periodicals or other printed material
that are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
13.
ADULT RETAIL ESTABLISHMENTS: An establishment
that, as a regular and substantial business purpose, offers for sale
or rent any one (1) or more of the following: lotions, dolls, instruments,
devices, gifts, clothing or paraphernalia that are designed for use
or packaged or displayed in such a way as to lead a reasonable person
to believe that it is to be used in connection with "specified sexual
activities"; lotions, dolls, instruments, devices, gifts, paraphernalia
or clothing, the packaging of which, graphically depicts "specified
anatomical areas"; or any of the materials sold or rented in an adult
bookstore as defined herein.
14.
ADULT THEATER: An establishment located in
an enclosed building that, as a regular and substantial portion of
its business, provides the live performance of activities relating
to "specified sexual activities" or exhibition of "specified anatomical
areas" for observation by customers and patrons.
ART GALLERY/STUDIO
An establishment or place of business primarily engaged in
the production of works of art which may require mechanical equipment
or individuals and assistants, including the sale to consumers of
those works produced.
AUTOMOTIVE SERVICE
An establishment or place of business primarily engaged in
automotive related sales or services. The following automotive use
types shall be defined as follow:
1.
AUTOMOTIVE BODY AND PAINT CENTER: An establishment
or place of business with fifteen thousand (15,000) square feet or
more of gross floor area primarily engaged in the repair of automotive
bodies and/or mechanical works, straightening of body parts, painting,
welding and short-term storage of automobiles until such repairs are
performed.
2.
AUTOMOTIVE CUSTOMIZING SHOP: An establishment
or place of business that primarily provides after-sales services
for automobiles (including the attendant retail sales of accessories
for such automobiles), such as installation, conversion and modifications
to the interior or exterior of automobiles.
3.
AUTOMOTIVE LEASING: See "RENTAL AND
LEASING".
4.
AUTOMOTIVE PARTS AND SUPPLY STORE: An establishment
or place of business primarily engaged in the sale of merchandise
that is associated with the use, repair or upkeep of automobiles.
5.
AUTOMOTIVE REPAIR SHOP: An establishment or
place of business primarily engaged in the repair of automobiles or
other motorized vehicles or the installation or repair of equipment
or parts on motorized vehicles such as mufflers, brakes, tires, radios,
transmissions, glass and engines or engine parts, but excluding dismantling
or salvage. Automotive repair shops also include:
a.
AUTOMOTIVE PAINT OR BODY SHOP: The use of a
building of less than fifteen thousand (15,000) square feet of gross
floor area for the repair of automotive bodies and/or major mechanical
works, straightening of body parts, painting, welding or storage of
automobiles not in operable condition.
b.
TIRE RETREADING OR REPAIR SHOP: The use of
a building or premises for the repairing or retreading of automotive
tires.
6.
AUTOMOTIVE SALES: An establishment or place
of business primarily engaged in the sale and/or lease of new automobiles,
vans and trucks less than two (2) tons, including incidental parking
and servicing of vehicles available for sale, lease or rent. Such
a use also may include as a subordinate use the sales of used automobiles,
vans and trucks.
7.
AUTOMOTIVE SERVICE STATION: An establishment
or place of business primarily engaged in gasoline or diesel fuel
sales at retail for automobiles, recreation vehicles and motorcycles
and where in addition at least one (1) of the following services is
rendered: sale, replacement or servicing of spark plugs, oil, water
hoses, brake fluids, batteries, distributors, tires, carburetors,
brakes, fuel pumps or other automotive parts or accessories. See "Automotive
Repair Shop" where major mechanical activities are allowed.
8.
AUTOMOTIVE TIRE STORE: An establishment or
place of business primarily engaged in the sale of tires and services
relating to the repair or purchase of tires for automobiles.
9.
AUTOMOTIVE WASHING: An establishment or place
of business engaged in washing and cleaning of automobiles and related
light equipment. Typical uses include self-service and full-service
car washes.
BAKERY
A store in which baked goods such as bread, cake and pastry
are made and sold at retail for consumption off the premises.
BANKING OR FINANCIAL SERVICES
An office establishment or business that primarily performs
central banking functions (such as issuing currency, managing national
money supply and international reserves and acting as fiscal agent
for the central government) and accepts deposits (or share deposits)
and lends funds from these deposits and which establishment may include
these services to patrons and customers through an accessory, drive-through
use. Financial services shall also include establishments primarily
engaged in one (1) or more of the following:
1.
Underwriting securities issues or making markets for securities
and commodities;
2.
Acting as agents (i.e., brokers) between buyers and sellers
of securities and commodities;
3.
Providing securities and commodity exchange services; and
4.
Providing other services, such as managing portfolios of assets;
providing investment advice; and trust, fiduciary and custody services.
Typical uses include banks, savings associations, savings and loan
institutions, investment banking, securities and brokerages, certified
financial planning, accounting, auditing, bookkeeping and similar
services. Financial services does not include pawnshops, businesses
primarily engaged in check cashing or issuing money orders or title
loan establishments or other businesses offering short-term consumer
loans secured by personal property, certificates of title to such
property, estimated tax refunds or other such collateral (all of which
are prohibited money changing/money brokering uses).
BANQUET/PARTY FACILITY
A place of assembly, open to the public and operated for
profit where dances, parties, receptions and other gatherings are
held. Banquet halls may provide live entertainment, may serve alcoholic
beverages and may serve catered meals when the owner or operator holds
the appropriate licenses and permits.
BAR OR TAVERN
An establishment or place of business primarily engaged in
the preparation and retail sale of alcoholic beverages with a Village
and State approved liquor license for consumption on the premises.
Typical uses include sports bars, cocktail lounges, nightclubs and
similar uses at which less than fifty percent (50%) of the total revenue
is generated by food sales.
BASEMENT
A story partly underground and having at least one-half (½)
of its height below the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if subdivided and used for dwelling or business purposes.
BODY PIERCING
The perforation of human tissue other than an ear for a non-medical
purpose.
BRANDING
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
BUILDING
A structure having a roof supported by columns or walls.
BUILDING OR STRUCTURE, ACCESSORY
A subordinate and separate building detached from the main
building, customarily incidental to and located on the same lot occupied
by the main use or building. A detached garage is not considered an
accessory building.
BUILDING, HEIGHT OF
The vertical distance measured from the lowest elevation
of the finished grade along the front of the building to the highest
point of the roof surface, if a flat roof; to the deck line of mansard
roofs; and to the mean height level between eaves and ridge for gable,
hip and gambrel roofs.
BUSINESS
An establishment intended for the conduct of service or administration
by a commercial enterprise or offices for the conduct of professional
or business service.
BUSINESS OR VOCATIONAL SCHOOL
A specialized instructional establishment that provides on-site
training of business, commercial, health care and/or trade skills
such as accounting, medical/dental assistance, cosmetology, computer,
drafting, design, data processing and/or repair.
CELLAR
A story having more than one-half (½) of its height
below the average level of the adjoining ground. A cellar shall not
be counted as a story for the purposes of height measurement.
CHURCH
A building, including, but not limited to, a church, synagogue,
temple, mosque, cathedral, chapel, sanctuary, or other facility wherein
persons regularly assemble for religious worship maintained and controlled
by a religious body having a Principal Use of religious worship or
the offering of religious services of any denomination.
[Ord. No. 19-589, 6-10-2019]
CIVIC OR FRATERNAL ORGANIZATION
A membership association composed of persons who are bona
fide dues paying members and to whom (and their guests) use of facilities
owned or leased by the association is generally restricted. Such definition
shall include buildings owned or operated by a person, for a social,
educational or recreational purpose, but not primarily for profit
and not primarily to render a service that is customarily carried
on as a business. This definition shall include organizations such
as the American Legion, Masonic Lodge and Veterans of Foreign War.
CONVENIENCE STORE
An establishment or place of business (sometimes known as
food marts) engaged primarily in the retail sale of a limited line
of goods that generally includes milk, bread, soda and snacks, non-alcoholic
beverages, packaged food, tobacco products and household convenience
goods. Includes uses with fuel pumps but not automobile repair facilities
or those uses allowed at an automotive repair shop.
DAY CARE FACILITY
A house or other place conducted or maintained by any person
who advertises or holds herself or himself out as providing care for
more than four (4) persons during the daytime, for compensation or
otherwise, except those operated by a school system, but a child care
facility shall not include any private or religious organization,
elementary or secondary school, a religious organization academic
preschool or kindergarten or a home school. Terms associated with
day care facilities shall be defined as follows:
1.
DAY CARE HOME: A family home occupied by the
day care provider in which family-like care is given to no more than
four (4) persons not related to the day care provider for any part
of the twenty-four (24) hour day, without overnight stays.
2.
DAY CARE, GROUP: A building occupied by a day
care provider that receives more than four (4) but fewer than twenty
(20) persons for care for any part of a twenty-four (24) hour day,
without overnight stays.
3.
DAY CARE CENTER: A building occupied by a day
care provider that receives twenty (20) or more persons for care for
any part of a twenty-four (24) hour day, without overnight stays.
DECK
A flat floored platform not set into but raised above the
ground or finished grade more than twelve (12) inches, serving as
a floor and having no roof or covering of any kind and which is usually,
but not necessarily, made of wood (or some material made to resemble
a wood product) and attached to a building.
DEPARTMENT
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 19-589, 6-10-2019]
DISTRICT
One (1) or more sections of the Village of Marlborough for
which the regulations governing the height, area and use of buildings
and premises are the same.
DRIVE-THROUGH ESTABLISHMENT
A place of business that through design, physical facilities,
service or packaging procedures encourages customers to receive services,
obtain goods or be entertained while remaining in their motor vehicles.
This definition shall include all curb service establishments, drive-in
restaurants and drive-in cafes, but does not include drive-through
windows as an accessory use.
DRIVE-THROUGH WINDOW
Any portion of a building or structure from which business
is transacted, or is capable thereof, directly with customers located
in a motor vehicle during such business transactions.
DRIVEWAY
A roadway on private property leading to a building, parking
area or use. For single-family residences, a driveway may also serve
as a parking space.
DRUG STORE/PHARMACY
An establishment that primarily sells, at retail, prescription
and non-prescription drugs and medicines although it may also engage
in general light retail sales. Excludes grocery stores with pharmacies.
DWELLING
A room or suite of rooms within an apartment building arranged,
intended or designed as a place of residence; or any building or portion
thereof which is designed, built, leased, rented, let or hired to
be occupied or which is occupied as the home or residence of three
(3) or more families living independently of each other and doing
their own cooking in the said building; or a building or portion thereof
designed exclusively for residential occupancy, including one-family,
two-family and multiple dwellings, boarding and lodging houses, apartment
houses and apartment hotels, but not hotels, motels, rooming houses,
nursing homes, travel trailers, recreational vehicles, manufactured
or mobile homes. The following words or terms associated with dwelling
shall have the following meanings:
1.
APARTMENT: A suite of rooms or a room in a
building arranged and intended for a place of residence of a single
family or a group of individuals living together as a family in a
separate dwelling unit.
2.
LOFT DWELLING: A dwelling located above the
first (1st) floor of a non-residential use such as a store or office.
3.
MULTIPLE-FAMILY DWELLING: A dwelling situated
on one (1) lot occupied by three (3) or more families in separate
dwelling units living independently of each other.
4.
SINGLE-FAMILY ATTACHED DWELLING (TWIN HOME OR TOWN HOME): Single-family dwellings sharing a common wall but situated on separate
lots designed to be occupied exclusively by separate families.
5.
SINGLE-FAMILY DETACHED DWELLING: A dwelling
situated on one (1) lot designed to be occupied exclusively by one
(1) family.
6.
TWO-FAMILY DWELLING (DUPLEX): A dwelling situated
on one (1) lot occupied exclusively by two (2) families, respectively,
in separate dwelling units living independently of each other.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1)
family. Single-family dwelling or single-family residence shall include,
but not be limited to, 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. Single-family dwelling or
single-family residence shall include, but not be limited to, any
private residence licensed by the Division of Family Services or Department
of Mental Health to provide foster care to one (1) or more but less
than seven (7) children who are unrelated to either foster parent
by blood, marriage or adoption.
ELEMENTARY SCHOOL
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than pre-school nor higher than the
eighth grade.
[Ord. No. 19-589, 6-10-2019]
ENTITY
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 19-589, 6-10-2019]
FAMILY
Shall mean:
1.
One (1) or more persons occupying a dwelling unit and living
together as a single non-profit housekeeping units, sharing one (1)
common kitchen facility, but not including group quarters such as
dormitories, fraternities, sororities, motels, hotels, rooming houses
or boarding houses.
2.
All occupancies are subject to the maximum occupant load determined
by the Marlborough Property Maintenance Code for that particular residence.
FLOWERING MARIJUANA PLANT
A Marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 19-589, 6-10-2019]
FRONTAGE
All the property abutting on one (1) side of a street or
place between two (2) intersecting streets or places (crossing or
terminating) measured along the line of the street or place or, if
the street or place be a dead-end street, then all the property abutting
on one (1) side between an intersecting street or place and the dead-end
of the street or place, or if the street or place be intersected by
the Village limits, then all the property abutting on one (1) side
between an intersecting street or place and the Village limits.
GREENHOUSE
A building whose roof and sides are made primarily of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants for subsequent
sale or for personal enjoyment.
GROCERY STORE
Establishments with ten thousand (10,000) square feet of
gross floor area or more primarily engaged in the retail sale of food
or household products for home consumption. Typical uses include large
grocery stores (including the sale of beer and wine in unopened containers
for off-premise consumption where revenue from the sale of groceries
comprises at least fifty-one percent (51%) of the gross income of
the establishment during a calendar year and where at least fifty-one
percent (51%) of the total display or shelf space is devoted to groceries
other than beer and wine), delicatessens, meat markets, retail bakeries
and candy shops.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
HARDWARE STORE
A retail store of less than twenty thousand (20,000) square
feet selling items such as tools, paint, hardware, plumbing supplies,
items designed for installation in the home and a limited selection
of building materials.
HEALTH CLUB OR FITNESS CENTER
A business that provides facilities for aerobic exercises,
such as running and jogging tracks, exercise equipment, game courts,
gymnasium or swimming facilities.
HOME IMPROVEMENT STORE
A retail store of twenty thousand (20,000) square feet or
more selling building materials, wall and floor coverings, lighting
supplies, tools, paint, hardware, plumbing supplies, lawn and garden
supplies, items designed for installation in the home and associated
items for the home.
HOME OCCUPATION
The partial use of a single-family dwelling for commercial
or non-residential uses by a resident thereof that is subordinate
and incidental to the use of the dwelling for residential purposes,
is carried on within the main dwelling when the occupant is working
from the dwelling, is located in a residence district, does not alter
or change the exterior character or appearance of the dwelling and
does not affect the residential character of the neighborhood.
INFORMATION AND DATA PROCESSING SERVICES
A use that provides electronic data processing services.
These establishments may provide complete processing and preparation
of reports from data supplied by customers; specialized services,
such as automated data entry services; or may make data processing
resources available to clients on an hourly or time-sharing basis.
INSTITUTION
An establishment occupied by a non-profit corporation or
a non-profit establishment for public use such as community centers
or museums.
LANDSCAPING SERVICES
An establishment or place of business primarily engaged in
the provision of landscaping, landscape design, engineering or maintenance
and related services to firms, businesses, residences or individuals.
Typical uses include mowing, planting, fertilizing, trimming, irrigation
services, landscape design and/or construction of retaining walls,
walks or patios.
LIQUOR STORE
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of alcoholic beverages.
Typical uses include liquor stores, bottle shops or any licensed sales
of liquor, beer or wine for off-site consumption.
LOADING AREA
An area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which a loading space is
located.
LOADING SPACE
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks which has a minimum
of twelve (12) feet by thirty-five (35) feet and a vertical clearance
of fourteen (14) feet.
LOCAL PUBLIC UTILITY
Establishments that provide utility services, such as electric
power, natural gas, steam supply, water supply and sewage removal.
Not included are waste management services which collect, treat and
dispose of waste materials and do not directly use or operate utilities.
LOT
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under this
Chapter, but not including any land described in or included in an
easement for a street.
LOT, CORNER
A lot situated at the junction of two (2) or more streets
or places.
LOT, FLAG
A lot having access to a street by means of a private driveway,
access easement or parcel of land not meeting the requirements of
this Chapter for lot width, but having a width dimension of at least
twenty (20) feet at its narrowest point.
LOT, IRREGULAR
Any lot that does not have a generally rectangular shape
either due to an abnormal lot line or due to the absence of a rear
lot line. Pie shaped lots shall be considered irregular lots.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately
parallel streets or places. Also known as a "double frontage lot".
LOT AREA
The area of a horizontal plane bounded by the vertical planes
through front, rear and side lot lines.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINE
The property boundary line of any lot. The derivations or
modifications of lot line shall maintain the following definitions:
1.
LOT LINE, FRONT: The lot line abutting a street
or private drive. In the case of a corner lot, the front lot line
shall normally be the lot line to which the main building on the lot
is oriented; if the building is oriented towards both streets equally,
the front lot line shall be the lot line with the shortest length
abutting the street. In the case of a through lot (double frontage),
the front lot line shall be the lot line abutting the street that
provides primary access to the lot or towards which the main building
on the lot is oriented.
2.
LOT LINE, REAR: Any lot line that is not a
front lot line or a side lot line.
3.
LOT LINE, SIDE: Any lot line that intersects
the front lot line. A side lot line shall include any linked line
segments or arcs that have a bearing which is within forty-five degrees
(45°) of a line drawn perpendicular to the front lot line.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of St. Louis
County or a lot described by metes and bounds, the description of
which has been recorded in the office of the County Recorder of St.
Louis County.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at the front building line.
MARIJUANA or MARIHUANA
Means 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" 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, or commodities
or products manufactured from industrial hemp.
[Ord. No. 19-589, 6-10-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with Marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures, and concentrates.
[Ord. No. 19-589, 6-10-2019]
MASSAGE PARLOR
An establishment that is not licensed by the State of Missouri
as a massage therapy business and that provides baths and body massages
or either of them. Nothing herein contained shall apply to a licensed
massage therapist or an establishment where massage therapy is practiced
including an accredited institution of higher education, certified
to operate in Missouri by the Coordinating Board of Higher Education,
from offering a massage therapy course of study in which its students
and employees may give body massages as a required part of college's
curriculum or State requirement, provided that the percentage of students
taking the course is not more than thirty-three percent (33%) of the
entire enrollment of the college. A massage parlor shall also include
the term "bathhouse".
MASSAGE THERAPIST
A health care practitioner who provides or offers to provide
massage therapy, as provided in Sections 324.240 to 324.275, RSMo.,
to any person at no cost or for a fee, monetary or otherwise, implying
that the massage therapist is trained, experienced and licensed in
massage therapy and who holds a current, valid license to practice
massage therapy.
MASSAGE THERAPY
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease or any service or
procedure for which a license to practice medicine, chiropractic,
physical therapy or podiatry is required by law or to those occupations
defined in Chapter 329, RSMo., as amended.
MEDICAL AND HOSPITAL SUPPLIES AND EQUIPMENT
Establishments that wholesale medical and other health care
materials, equipment and tools to clinics, hospitals and other facilities
that treat, house or care for patients.
MEDICAL/DENTAL LAB
Laboratories that provide analytic or diagnostic services
and other services, such as medical imaging and forensics.
MEDICAL/DENTAL SERVICE
Establishments that provide therapeutic, preventive or corrective
personal treatment services on an outpatient basis by physicians,
dentists and other practitioners of the medical or healing arts and
the provision of medical testing and analysis services. Typical uses
include clinics and offices for doctors of medicine, dentists, orthodontists,
chiropractors, osteopaths and optometrists.
MEDICAL MARIJUANA BUSINESS
A Medical Marijuana business shall be defined as any of the
following hereinafter defined entities:
[Ord. No. 19-589, 6-10-2019]
1.
Medical Marijuana Cultivation Facility.
2.
Medical Marijuana Dispensary Facility.
3.
Medical Marijuana-Infused Products Manufacturing Facility.
4.
Medical Marijuana Testing Facility.
5.
Medical Marijuana Transportation Facility.
6.
Any other Entity currently or hereafter included in and regulated by Article
XIV, Section 1 of the Missouri Constitution.
MEDICAL MARIJUANA CULTIVATION
As related to activity authorized pursuant to Article
XIV, Section 1 of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature Marijuana plant.
[Ord. No. 19-589, 6-10-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport and sell Marijuana to a Medical
Marijuana Dispensary Facility, Medical Marijuana Testing Facility,
or Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 19-589, 6-10-2019]
MEDICAL MARIJUANA CULTIVATION IDENTIFICATION CARD
An additional, separate, or enhanced Identification Card
issued by the State of Missouri allowing the holder to cultivate medical
Marijuana in amounts and in secure manners as authorized by the Department,
only to the extent authorized by applicable law.
[Ord. No. 19-589, 6-10-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver Marijuana, Marijuana-Infused Products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri solely pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution to a Qualifying Patient, a Primary Caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 19-589, 6-10-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell Marijuana-Infused Products
to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing
Facility, or to another Medical Marijuana-Infused Products Manufacturing
Facility.
[Ord. No. 19-589, 6-10-2019]
MEDICAL MARIJUANA MEDICAL USE
The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or drug paraphernalia used to administer marijuana or a Marijuana-Infused Product as provided by Article
XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
[Ord. No. 19-589, 6-10-2019]
MEDICAL OUTPATIENT CARE FACILITY
Medical care centers or clinics that have several practitioners
with different specializations practicing within the same establishment
and which perform minor surgery along with the diagnosis, care and
treatment of physical or mental diseases or ailments of human beings;
and in which no patients are lodged overnight, but which may include
a pharmacy. Many such centers also function as HMO medical centers
and focus on primary health care.
MOTEL/HOTEL
An establishment used, maintained or advertised as a place
where sleeping accommodations, in rooms without individual kitchens,
are supplied for short-term rent to transient guests. Typical uses
include hotels and motels.
MOVIE THEATER, INDOOR
A theater for showing movies or motion pictures. Other terms
used to describe these structures include talkies, cinema theaters
and motion pictures. This use category also includes cineplexes complex
structures with multiple movie theaters, each theater capable of providing
performances independent of the others in the complex.
MUSIC STORE
Establishments that retail musical instruments and related
supplies and may also retail sheet music, offer music instruction,
rent or repair instruments as accessory uses.
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment thereto which does not, by
reason of design, use or dimensions, conform to the regulations of
the district in which it is situated.
OFFICE, GENERAL
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as accessory to a permitted primary use.
Typical uses include real estate, insurance, property management,
investment, employment, travel, advertising, law, architecture, design,
engineering, accounting and similar offices.
OFFICE, MEDICAL
A business establishment of one (1) or more physicians, dentists
or other health practitioners providing medical services in a specific
area of health care organized as a single business entity and lawfully
established for medical and dental consultation to persons on an outpatient
basis.
OFFICE SUPPLY
An establishment that retails products and materials for
business and office use.
OUTDOOR STORAGE
The keeping, in an unprotected, unroofed area, of any goods,
junk, material, merchandise or vehicles in the same place for more
than twenty-four (24) hours.
PARKING LOT
Any place, lot, parcel or yard used in whole or in part for
storing or parking of two (2) or more vehicles where such usage is
not incident to or in conjunction with a single-family dwelling or
other usage permissible in single-family dwelling districts and located
on the same tract.
PARKING SPACE
A durably surfaced area, enclosed in the main building, in
an accessory building or unenclosed, sufficient in size to store one
(1) standard automobile and if the space is unenclosed, comprising
an area of not less than three hundred (300) square feet which is
suitable to parking an automobile and driveway and shall be inclusive
of all driveways in the parking area but exclusive of access driveways
to reach such parking area or areas.
PATIO
A level, unenclosed surfaced area, not exceeding twelve (12)
inches in height, located at the finished grade that is usually directly
adjacent to an attached building. Patio does not include a deck.
PAWNSHOP
An establishment or place of business primarily engaged in
the sale of merchandise in which merchandise is offered as collateral
for obtaining loans and wherein such merchandise is offered for sale
in recompense for default of loan repayment or engaged in lending
money on the security of pledged personal property on the condition
that the pledged personal property may be redeemed or repurchased
by the seller for a fixed amount of money within a fixed period of
time.
PAYDAY LOAN ESTABLISHMENT
An establishment in the business of making unsecured loans
under five hundred dollars ($500.00) and that is registered with the
appropriate State agency, department or official as may be required
by law.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity or other entity or group of persons however organized.
PET GROOMING
A place of business primarily engaged in the cleaning, bathing,
brushing and cutting of hair of household pets and where the pets
are not kept overnight.
PHYSICIAN
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 19-589, 6-10-2019]
PHYSICIAN CERTIFICATION
A document, whether handwritten, electronic or in another
commonly used format, signed by a Physician and stating that, in the
Physician's professional opinion, the patient suffers from a qualifying
medical condition as defined in Missouri State law.
[Ord. No. 19-589, 6-10-2019]
PLACE
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
PLACE OF PUBLIC ASSEMBLY
A building used for mass assembly of people for social, cultural,
educational or religious purposes. Such use may include schools (elementary
and high), accessory gymnasiums, community buildings, churches, synagogues
and other places of worship.
PORCH
A platform that may be screened, projecting from the wall
of a building and with direct access to or from a building. Porch
does not include a deck.
POST OFFICE/SHIPPING STORE
The United States Post Office or shipping packing store where
no warehousing and distribution is involved.
PREMISES
An area of land with its appurtenances and buildings that,
because of its unity of use, is one (1) unit of real estate.
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a Qualifying
Patient and who is designated as such under the rules and regulations
of the Department and possesses a Department issued Primary Caregiver
or Primary Caregiver Cultivation Identification Card.
[Ord. No. 19-589, 6-10-2019]
PUBLIC ADMINISTRATION
An establishment used by a Federal, State and local government
agency that administers, oversees and manages public programs and
has executive or legislative authority and which develops policy,
creates laws and provide for public safety.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a Department issued Qualifying Patient or Qualifying Patient Cultivation
Identification Card.
[Ord. No. 19-589, 6-10-2019]
RENTAL AND LEASING SERVICES
An establishment that provides tangible goods, such as automobiles,
computers, consumer goods and industrial machinery and equipment,
to customers in return for a periodic rental or lease payment. These
establishments may rent consumer goods and equipment or may lease
machinery and equipment for business operations. Establishments may
or may not operate from a retail or storefront facility and may offer
short- or long-term leases. Note the following exceptions: Establishments
that primarily lease in combination with providing loans; establishments
that primarily lease real property; establishments primarily renting
or leasing equipment with operators; and establishments that also
sell new cars.
REPAIR SERVICES, OFF-SITE
A business establishment primarily engaged in specialized
repair services at the customer's premises including, but not limited
to, repairs to major appliances, heating and air conditioning units,
plumbing systems, electrical systems, as well as pipe and drain cleaning,
tuck pointing and driveway sealing.
REPAIR SERVICES, ON-SITE
A business establishment primarily engaged in specialized
repair services such as appliance repair, jewelry repair, bicycle
repair, leather goods repair, lawn mower and lawn equipment repair,
lock and gun repair, musical instrument repair and radio, stereo,
VCR, computer or TV repair where the repairs primarily take place
at the business establishment. This use does not include "automotive
repair shops".
RESTAURANT, FAST-FOOD
Any walk-up or drive-through establishment primarily engaged
in the sale of food or drink for consumption, either on or off the
premises, by order from or service to persons either over an interior
counter, outside the structure or from an outdoor service window or
automobile service window or by delivery. This definition shall not
include otherwise permitted restaurants where outdoor table service
is provided to customers in established outdoor dining areas or where
drive-through or take-out service is an incidental service.
RESTAURANT, GENERAL
An establishment or place of business primarily engaged in
the preparation of full course meals served for consumption on premise,
with complete kitchen facilities for preparation of the food sold
and where alcoholic beverages may be sold in conjunction with meals
or at a bar within the restaurant, provided that more than fifty-one
percent (51%) of the revenue generated at the restaurant is related
to food sales. This term includes fast-food restaurants.
RETAIL, GENERAL LIGHT
An establishment that operates at fixed point-of-sale locations,
which are designed to attract a high volume of walk-in customers,
where manufactured or processed merchandise such as apparel, accessories,
small wares, books, toys, clothing or shoes is purchased by the owner
or operator thereof and displayed and resold as new merchandise to
the general public for personal or household consumption. It does
not include an establishment where food is processed, prepared or
cooked for consumption and sale, any of the uses set forth under automotive
services or any other such retail use specifically permitted or prohibited.
SCREEN
An architecturally decorative wall as for enclosing, separating
or cutting off from view a courtyard or patio.
SECONDARY SCHOOL
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than the sixth nor higher than the
twelfth grade
[Ord. No. 19-589, 6-10-2019]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it.
STORY, HALF
A 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 two (2) feet above the floor of such story.
STREET
A thoroughfare which affords the principal means of access
to abutting property.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof and exterior walls.
STRUCTURE
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. Without limiting the generality
of this definition, structure shall include tennis courts, swimming
pools, fences, billboards, pagodas, decks, crib walls, retaining walls
and permanently located play equipment. Swimming pools, decorative
timbers, driveways, patios, sidewalks, crib and retaining walls under
eighteen (18) inches in height are not included in this definition.
TATTOO
One (1) or more of the following:
1.
An indelible mark made on the body of another person by the
insertion of a pigment under the skin; or
2.
An indelible design made on the body of another person by production
of scars other than by branding.
TATTOO FACILITY
An establishment or facility licensed by the State of Missouri
Division of Professional Registration and holding a permit to operate
issued by the Health Director for St. Louis County where the art/service
of tattooing, is offered to patrons to be performed by professionals
so licensed by the State of Missouri Division of Professional Registration
or apprentices under direct supervision of such professionals.
[Ord. No. 19-588, 6-10-2019]
TENT/POLE BARN
Any structure constructed for a temporary period of time
that has a canvas or fabric roof and is supported by less than four
(4) walls and is designed primarily for the sale of goods for a temporary
period of time within two hundred (200) feet of public right-of-way.
THEATER
A building or premises devoted to showing motion pictures
or for live dramatic or musical performances. Terms associated with
theater shall be defined as follows:
1.
MOTION PICTURE THEATER: A building primarily
used for the exhibition of movies or other prerecorded productions
to the general public in an indoor setting.
2.
PERFORMING ARTS THEATER: A building primarily
used for the presentation of live performances of plays or music.
TITLE LOAN ESTABLISHMENT
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
TOBACCO SHOP
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of tobacco and/or tobacco-related
products ("tobacco products") and/or an establishment where one-half
(½) or more of the net floor area is dedicated to or where
one-half (½) or more of the gross receipts are derived from
the sale of tobacco products.
TRACT
A single unit of real property under one (1) ownership, which
may be platted or unplatted.
TRAILER
A portable structure supported by wheels, jacks, horses,
skids or blocks without permanent foundation that is towed or hauled
by another vehicle, used for temporary human occupancy, to carry materials,
goods or objects; or use as a temporary office.
UNRELATED
Referring to persons, shall mean two (2) or more people not
related by blood, marriage or adoption.
USE
The purpose or activity for which the land or structure thereon
is designed, arranged or intended or for which it is occupied or maintained.
USED CAR LOT
A lot or parcel of land on which pre-owned or used, operable
vehicles, including automobiles, trailers and trucks, are displayed
for sale or trade.
USED MERCHANDISE STORE
An establishment or place of business primarily engaged in
the retail sale of used merchandise or secondhand goods, such as used
clothes, antiques, secondhand books or rare manuscripts, or items
of architectural salvage, but not including used cars or other motorized
vehicles.
VEHICLE, MOTOR
Any passenger vehicle, motorcycle, recreational vehicle,
truck, trailer truck or semi-trailer that is propelled or drawn by
mechanical power.
VETERINARIAN
An establishment or place of business primarily engaged in
the medical care and treatment of animals.
VILLAGE
The Village of Marlborough, Missouri.
WALK-UP ESTABLISHMENT
A commercial establishment not engaged in the retail sales
of goods that encourages its customers or patrons to park and leave
their vehicle briefly to transact business.
YARD
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
YARD ORNAMENTS
Statuary, arbors, trellises, pergolas, barbecue stoves, doghouses
and gazebos.
YARD REQUIREMENT(S) (ALSO SOMETIMES CALLED "SETBACK(S)" OR "SETBACK
REQUIREMENT(S)")
A line parallel to the respective lot line and internal to
the lot that defines the required building setback as specified in
the zoning district regulations. The derivations of the yard or setback
line shall maintain the following definitions:
1.
YARD, FRONT: A yard extending across the front
of the lot between the side lot lines and measured between the front
lot line and a line parallel to the front of the main building extending
from side lot to side lot line, and
2.
YARD, REAR: A yard extending across the full
width of the lot and measured between the rear lot line and a line
parallel to the rear of the main building. If there is no rear lot
line, the rear yard shall extend from a line parallel to the rear
of the main building to its intersection with the side lot lines and
then to the intersection of the two (2) side lot lines.
3.
YARD, SIDE: A yard between the main building
and the side lot line and extending from the front yard to the rear
yard.