[CC 1995 §41.010]
This Chapter shall be known and may be cited as "The Village
of Airport Drive, Missouri, Zoning Ordinance".
[CC 1995 §41.020]
In order to promote the health, safety, morals, comfort and
general welfare; to conserve and protect property and property values;
to secure proper use of land; to facilitate adequate and economical
public improvements and services; and to lessen or avoid congestion
on the public streets, the following regulations and zones are imposed
on the Village of Airport Drive, Missouri.
[CC 1995 §41.430; Ord. No. 02-9 §3, 8-22-2002]
For the purpose of this Chapter, certain terms and words are
hereby defined as follows:
The words "used for" includes "designed
for" and vice versa; words used in the present tense include
the future; words in the singular number include the plural number
and vice versa; the word "building" includes the
word "structure"; the word "dwelling" includes the word "residence" and the word "lot" includes the word "plot".
A building customarily incidental and subordinate to the
main building and located on the same lot with the main building.
A use incidental to the principal use of a building. In buildings
restricted for residential use, an office used for family occupations
and workshops not conducted for compensation shall be deemed accessory
uses.
The growing of crops and raising of such stock and poultry
as are incidental to the farm, provided however, that such land shall
consist of at least ten (10) acres in one (1) parcel or contiguous
parcels under common ownership or control. The 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 the commercial or institutional raising or feeding of poultry,
swine or cattle be so considered.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement whether by extending on a side or by increasing in
height or the moving from one location or position to another.
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
The total of areas taken on a horizontal plan at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets and utility easements.
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (½) of its height is above the average level of the
adjoining ground.
Any sign or advertisement used as an outdoor display for
the purpose of making anything known, the origin or point of sale
of which is remote from said display.
A home or institution where three (3) or more non-family
persons are provided lodging on a temporary basis or boarding and
lodging on either a temporary or longer periods of time.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 08-23, 3-23-2023]
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. 08-23, 3-23-2023]
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 Chapter to a qualifying patient or primary caregiver, as those terms are defined in Section 1 of Article XIV of the Missouri Constitution, 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 said 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 internet, 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 said 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. 08-23, 3-23-2023]
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. 08-23, 3-23-2023]
A long-range master plan for area development including studies
of land use, traffic volume and flow, schools, parks and other public
buildings.
That percentage of the plot or lot area covered by the building
area.
A care facility for children not used for a permanent residence,
located in areas not "R-1".
The keeping of more than three (3) dogs that are more than
six (6) months old.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building or portion thereof designed exclusively for occupancy
by one (1) family.
A building or portion of a building designed for or occupied
by more than two (2) families living independently of each other.
A detached building designed exclusively for occupancy by
one (1) family.
A building designed exclusively for occupancy by two (2)
families living independently of each other, including a duplex (one
(1) dwelling unit above the other) or a semi-detached dwelling (one
(1) dwelling unit beside the other).
One (1) or more persons related by blood or marriage, including
adopted children, or a group of not to exceed five (5) persons (excluding
servants) not all related by blood or marriage, occupying premises
and living as a single non-profit housekeeping unit as distinguished
from a group occupying a boarding or lodging house, hotel, club or
similar dwelling for group use. A family shall be deemed to include
domestic servants employed by said family.
A home which receives not more than six (6) children under
the age of sixteen (16) years and not of common parentage, for care
apart from their natural parents, legal guardians or custodians, when
received for regular periods of time for compensation; provided however,
this definition shall not include public and private schools organized,
operated or approved under the laws of this State, custody of children
fixed by a court of competent jurisdiction, children related by blood
or marriage within the third degree of the custodial person or to
churches or other religious or public institutions caring for children
within the institutional building while their parents or legal guardians
are attending services or meetings or classes or engaged in church
activities.
Any area of land, including any structure or structures thereon
that is or are used or designed to be used for the supply of gasoline
or oil or other fuel (not including liquefied petroleum gases) for
the propulsion of vehicles.
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets or other natural barriers.
Any garage not a private garage and which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles.
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.
Any occupation or profession carried on by the inhabitants
which is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, which does not change the character thereof
and which is conducted entirely within the main or accessory buildings;
provided that no trading in merchandise is carried on and in connection
with which there is no display of merchandise or sign other than one
(1) non-illuminated nameplate not more than two (2) square feet in
area attached to the main or accessory building and no mechanical
equipment is used or actively is conducted which creates any noise,
dust, odor or electrical disturbance beyond the confines of the lot
on which said occupation is conducted. No more than twenty percent
(20%) of the usable floor area shall be devoted to such occupation.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified.
Any building or portion thereof which contains ten (10) or
more guest rooms which are designed or intended to be used, let or
hired out for occupancy by or which are occupied by individuals for
compensation, whether it be paid directly or indirectly.
Any portable or mobile vehicle used or designed to be used
for living purposes and with its wheels, rollers or skids in place.
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of waste paper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
and which abuts upon a street or other appropriate means of access.
Land occupied or to be occupied by a building or unit group
of buildings and accessory buildings, together with such yards and
lot area as are required by this resolution and having its principal
frontage upon a street or a place approved by the Commission.
A lot or portion thereof, not greater than one hundred fifty
(150) feet in width and situated at the intersection of two (2) or
more streets, having an angle of intersection of not more than one
hundred thirty-five degrees (135°).
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
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. 09-19, 8-22-2019]
Any comprehensive facility, marijuana microbusiness facility
or any medical marijuana facility as defined herein and/or under the
Missouri State Constitution and State Statutes.
[Ord. No. 08-23, 3-23-2023]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 09-19, 8-22-2019]
A facility licensed by the Department as a microbusiness
dispensary facility or microbusiness wholesale facility, as defined
in this Section.
[Ord. No. 08-23, 3-23-2023]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, cultivate, process, store, transport,
and sell marijuana to a medical marijuana dispensary facility, medical
marijuana testing facility, or to a medical marijuana-infused product
manufacturing facility.
[Ord. No. 09-19, 8-22-2019]
A facility licensed by the Department as a medical marijuana-infused
products, medical marijuana cultivation facility, medical marijuana-infused
products manufacturing facility, medical marijuana dispensary facility,
and medical marijuana testing facility.
[Ord. No. 08-23, 3-23-2023]
A facility licensed by the Missouri Department of Health
and Senior Services 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. 09-19, 8-22-2019]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, store, sell, transport, and deliver
marijuana, marijuana-infused products, and drug paraphernalia used
to administer marijuana to a qualifying patient, a primary caregiver,
another medical marijuana dispensary facility, a medical marijuana
testing facility, or a medical marijuana-infused product manufacturing
facility.
[Ord. No. 09-19, 8-22-2019]
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 09-19, 8-22-2019]
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 Chapter to a consumer, qualifying patient, as that term is defined in Section 1 of Article XIV of the Missouri Constitution, or primary caregiver, as that term is defined in Section 1 of Article XIV of the Missouri Constitution, 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 said Article 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. 08-23, 3-23-2023]
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. 08-23, 3-23-2023]
Any area, tract or site or plot of land whereupon a minimum
of fifteen (15) mobile homes as herein defined are placed, located
or maintained or intended to be placed, located or maintained for
dwelling purposes only and upon a permanent or semi-permanent basis.
A plot of ground within a mobile home community or park which
is designed for and designated as the location for only one (1) automobile
and one (1) mobile home and not used for any other purposes whatsoever
other than the customary accessory uses thereof.
A movable living unit designed for year-round occupancy,
sometimes termed a trailer home; all portable contrivances used or
intended to be used generally for living and sleeping quarters and
which is capable of being moved by its own power, towed or transported
by another vehicle.
A group of buildings including either separate cabins or
a row of cabins or rooms which:
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
A building, structure or use of land existing at the time
of enactment of this Chapter and which does not conform to the regulations
of the district or zone in which it is situated.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept, or provided
with food and shelter, or care for compensation; but not including
hospitals, clinics, or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
Space within or on a building or a private or public parking
area for the parking of one (1) automobile.
A map, plan or layout of a village, township, section or
subdivision indicating the location and boundaries of individual properties.
Any words, numerals, figures, devices, designs or trademarks
by which anything is made known, such as are used to designate an
individual, a firm, profession, business or a commodity and which
are visible from any public street or air.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the space between such floor and ceiling
next above it.
Any public or private right-of-way which affords the primary
means of access to abutting property.
All paved, unpaved and utility easements.
The legal line between right-of-way and abutting property.
Anything constructed or erected, which requires location
on the ground or attached to something having a location on the ground.
Land used or intended to be used by campers or for trailer
tents or movable dwellings; two (2) or more trailers, whether paid
or supported by donations, shall constitute a tourist camp.
A building or portion thereof designed exclusively for residential
occupancy by more than two (2) families living independently of each
other.
A vehicle or residence on wheels, skids or rollers without
motive power, designed to be used for human habitation or for carrying
persons or property, including a trailer coach or house trailer.
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.
An open space other than a court on the same lot with a building
or group of buildings, which open space lies between the building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot lines.
A yard between a main building and the side lot line extending
from the front yard or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main building.
[CC 1995 §41.030]
Be it ordained by the Governing Body of the Village of Airport
Drive, Missouri, that the following zones and regulations be imposed
within the incorporated limits of said Village.
Agricultural.
"A-1" Agricultural District
Residential.
"R-1" One-Family Residential District
"R-2" Two-Family Residential District
"R-3" Multiple-Family Residential District
"R-4" Town House Residential District
"M" Mobile Home District
Commercial.
"C-O" Commercial Office District
"C-1" Neighborhood Commercial District
"C-2" General Commercial District
"C-3" Planned Shopping Center District
"C-4" Compact Planned Shopping Center District
Industrial.
"I-1" Restricted Light Industrial District
"I-2" Light Industrial District
"1-3" Heavy Industrial District
Overlay.
"PD" Planned Development Overlay District
[CC 1995 §41.040]
A.
Said
districts are bounded and defined as shown on a map entitled "Zoning
Map for the Village of Airport Drive, Missouri", adopted by the Board
of Trustees and certified by the Village Clerk, which accompanies
and which, with all explanatory matter thereon, is hereby made a part
of this Chapter.
B.
The
Zoning Map shall be kept and maintained by the Village Clerk and shall
be available for inspection and examination by members of the public
at all reasonable times as any other public record. The Zoning Map
shall be updated as changes occur. The Board of Trustees shall appoint
someone to update the map as changes occur.
[CC 1995 §41.050]
A.
Where
uncertainty exists with respect to the boundaries of any of the aforesaid
districts, the following rules shall apply:
1.
Where district boundaries on the Zoning Map are indicated as approximately
following the centerline of streets, streams, highways or railroads,
such boundaries shall be deemed to be located at such midpoints.
2.
Where district boundaries are so indicated that they approximately
follow lot lines or section lines, such lines shall be construed to
be said boundaries.
3.
Where the boundary of a district follows a stream, lake or other
body of water, said boundary lines shall be deemed to be at the limit
of the jurisdiction of the Village of Airport Drive unless otherwise
indicated.
[CC 1995 §41.060]
A.
Except
as provided, it shall be unlawful to use any land or building for
any purpose other than is permitted in the district in which such
land or building is located.
1.
The lawful use of land or buildings existing at the time of the passage
of this Chapter, although such does not conform to the regulations,
may be continued. A non-conforming building, structure or portion
thereof which is or hereafter becomes vacant and remains unoccupied
for a continuous period of six (6) months shall not thereafter be
occupied except by the uses which conform to the use regulations of
the district in which it is located. In those instances where a non-conformity
of use, land or building exists, clear intent upon the part of the
owner to abandon the non-conformity or non-conformities shall thereafter
render the said property to the use regulations of the district in
which it is located.
2.
If rezoning is granted by the Village Board of Trustees and the owner
fails to use the land or buildings to conform to the new zoning district
purposes within the six (6) month period from the date of rezoning,
the lawful use of the land and buildings will return to the original
zoning of said property. The lack of change by the owner to the rezoned
district will be clear intent that the rezoning is deemed unnecessary
and said property will be returned to the use regulations of its original
zoning district except where other time limitations are specified
in the zoning ordinances for a specific district.
[CC 1995 §41.070]
A.
Except
as hereinafter provided:
1.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the district in which it
is located.
2.
No building shall hereafter be erected or altered:
3.
No part of a yard or other open space required about any building
for the purpose of complying with provisions of this Section shall
be included as a part of a yard or other open space required for another
building.
[CC 1995 §41.080; Ord. No. 01-7 §2, 12-18-2001]
It is not deemed to be in the best interest of the Village of
Airport Drive, Missouri, to allow residential or commercial classifications
to exist within or near lower classifications of land (commercial
or industrial) without an appropriate change in the zoning regulations
being approved by the Board of Trustees. The practice of allowing
such uses without an appropriate change is thereby abandoned.
