City of Blue Springs, MO Chapter 411 Interpretation

Note: All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual Code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City's website.

Section 411.010 General Interpretation.

[R.O. 1996 § 411.010; Ord. No. 4558 § 1, 8-3-2015]

A. Community Development Director. The Community Development Director is the designated City official in charge of interpretation of this Development Code. Any reference to the Director shall include this person, or the director's official designee in the ordinary course of administering the Community Development Department. Except where a different specific public official is mentioned in this Code, the Director shall be authorized to make all final administrative decisions in interpreting and applying this Code.

B. Director Of Public Works. The Director of Public Works shall be responsible for regulating public infrastructure improvements within the City including the design and construction of streets, water lines, sanitary sewers, and storm sewers.

C. Minimum Standards. The provisions of this Development Code shall be considered the minimum requirements necessary for the promotion of the public health, safety and general welfare.

D. Conflicting Provisions.

1. Conflict With Other Regulations. When the provisions of this Development Code are inconsistent with one another or when the provisions of this Development Code conflict with provisions found in other adopted ordinances or regulations, the more restrictive provision shall govern. In determining which regulation is "more restrictive," the Community Development Director shall determine which one most closely follows the policies of the Comprehensive Plan unless activities include public infrastructure, in which case the Director of Public Works shall make a determination based on which one follows the policies of the Public Works Design and Construction Manual.

2. Conflict With Private Agreements. The regulations of this Development Code are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship, provided that when the provisions of this Development Code impose a greater restriction than imposed by such private agreement, the provisions of this Development Code shall control.

E. Rules Of Construction.

1. Generally. All words shall have the customary dictionary meaning, unless specifically defined in these regulations.

2. Meanings And Intent. All provisions, terms, phrases and expressions contained in this Development Code shall be construed according to the Development Code's stated purposes intent and objectives.

3. Text. In case of any difference of meaning or implication between the text of this Development Code and any heading, drawing, table or figure, the text shall control.

4. Computation Of Time. The time within which an act is to be completed shall be computed by including the first day and excluding the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, the day of the advertisement shall be counted and the day of the hearing shall be excluded.

5. References To Other Regulations, Documents And Publications. Whenever reference is made to another regulation, document or publication, it shall be construed as a reference to the most recent edition of such regulation (as amended), document or publication, unless otherwise specifically stated.

6. Delegation Of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

7. Technical And Non-Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in professional practice shall be construed and understood according to such meaning.

8. Public Officials And Agencies. All public officials, bodies, and agencies to which references are made are those of the City of Blue Springs, unless otherwise indicated.

9. Mandatory And Discretionary Terms. The word "shall" is always mandatory, and the word "may" is always permissive.

10. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

a. "And" indicates that all connected items, conditions, provisions or events shall apply; and

b. "Or" indicates that one (1) or more of the connected items, conditions, provisions or events shall apply.

11. Tense And Usage. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.

12. Lists. Lists of examples prefaced by "including the following," "such as," or other similar preface shall not be construed as exclusive or exhaustive and shall not preclude an interpretation of the list including other similar and non-mentioned examples.

13. Failure To Act On Application. Whenever an action or decision required to be made within a specified time period by this UDC or applicable and valid State or Federal law or regulation is not taken or rendered, it shall be deemed denied and the applicant may seek an appeal of such denial unless they request, consent or agree, in writing, to an extension of such time period prior to its expiration.

F. Resource, Guides And Industry Standards. Resources, guides and industry standards that are recognized as reputable authority in the planning and urban design profession, or engineering profession may be used as a supplement to interpreting these regulations. Any use of such guides or resources shall be either specifically referenced in these regulations or subject to the approval of the Director upon a determination that the resource or guide is consistent with the Comprehensive Plan, the purposes and intent of these regulation. The resources and guides shall only be used as an aid to interpretation of these standards, or any discretion specifically granted by these standards. In the case of a conflict between any such resource and guide, and the standards in these regulations, these regulations shall control.

Section 411.020 Interpretation Of Dimensional Standards.

[R.O. 1996 § 411.020; Ord. No. 4558 § 1, 8-3-2015]

A. Lot Size. Lot size or lot area refers to the horizontal land area within lot lines. No building permit or development approval shall be issued for a lot that does not meet the minimum lot size requirements of this Development Code except in the following cases.

1. Reduction For Public Purpose. When an existing lot is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this Development Code.

2. Utilities. Utilities (major or minor) using land or an unoccupied building requiring less than one thousand (1,000) square feet of site area are exempt from the minimum lot size standards of all zoning districts.

3. Single-Family Dwelling Exemptions. The minimum lot size standards of this Development Code shall not be interpreted as prohibiting the construction of a single-family dwelling unit on a lot that was legally platted or recorded before the adoption of this Development Code.

B. Residential Densities. The zoning district regulations of this Development Code express maximum residential densities in terms of lot area requirements per dwelling unit. The maximum number of dwelling units allowed on a lot shall be determined by dividing the subject lot's total lot area by the applicable lot area (per dwelling unit) requirement of the district. The number of dwelling units permitted in a mixed-use building (one containing residential and non-residential uses) shall not be affected by virtue of the building's mixed-use status. As with non-mixed-use projects, the maximum number of dwelling units allowed shall be calculated by dividing the subject lot's total lot area by the applicable lot area requirement of the district.

C. Lot Width. Minimum lot width is the horizontal distance between the side lot lines, measured at the required exterior setback line. The lot width of lots on a cul-de-sac or eyebrow shall be measured between the side lot lines at the points of the required minimum exterior building setback. Dimensional references to lot frontage shall generally refer to the entire width between the front building line and the front lot line.

Measuring Lot Width
Minimum lot width is the horizontal distance between the side lot lines, measured at the required exterior setback line.
Cul-De-Sac/Eyebrow Lots Lot width of lots on a cul-de-sac or eyebrow shall be measured between the side lot lines at the points of the required minimum exterior building setback. Lot Frontage Dimensional references to "lot frontage" shall generally refer to the entire width between the front building line and the front lot line.

D. Building Coverage. Building coverage refers to the area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three (3) feet of a roof overhang. Ground-level parking, open recreation areas, patios and plazas shall not be counted as building coverage.

E. Setbacks. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section.

1. Features Allowed Within Setbacks. The following features may be located within setbacks:

a. Trees, shrubbery or other landscape features.

b. Fences and walls, subject to Section 407.040.

c. Driveways and sidewalks.

d. Signs, where permitted.

e. Steps to the principal entrance, walks and balustrades.

f. Bay windows, architectural features, cantilevered floors, chimneys, and other ornamental features of buildings that do not project more than two (2) feet into the required setback.

g. Fire escapes and decks that do not extend into a setback by more than thirty percent (30%) of the required setback dimension.

h. Utility lines, wires and associated structures, such as power poles.

Setbacks
Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section.
Corner Lot
Interior Lot

2. Setback Exemptions In LI And HI Districts. No setbacks from a lot line abutting a railway right-of-way shall be required in the LI and HI Districts, provided that sufficient access for firefighting equipment is available. Such access shall be approved by the District Fire Chief, or their designate, before issuance of any permit.

3. Setback Averaging. If the existing exterior setbacks of lots within the same block, with the same zoning classification and fronting on the same side of the street are less than the required exterior setback of the underlying zoning district, applicants shall be allowed to use the average exterior setback on that block. In such cases, the "average setback" shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. In no event shall lots with different zoning classifications or undeveloped lots be included in the calculation of the average setback, and in no case shall more than six (6) lots on either side of the subject property be included in the calculation. This provision shall not be interpreted as requiring a greater exterior setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums.

Setback Averaging
If the existing exterior setbacks of lots within the same block, with the same zoning classification, and fronting on the same side of the street are less than the required exterior setback of the underlying zoning district, applicants shall be allowed to use the average exterior setback on that block.
Average Setback The average setback shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property.

4. Setbacks Reduced For Public Purpose. When an existing setback is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining setback is at least seventy-five percent (75%) of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy the minimum setback standards of this Development Code.

5. Build-To Lines. In cases where setbacks are referred to by a range or a maximum, it shall be interpreted as a "build to line," at which point or within which range a front building line shall be established. Where the front building line is expressed as a minimum percentage (%), it shall mean the minimum width of the lot frontage that must be occupied by the facade at the front building line, or any specified acceptable substitutes for a facade.

F. Height.

1. Building Height. Building height refers to the vertical distance between the average finished grade at the base of the building along the side of the building being measured, and:

a. The average height level between the eaves and ridge line of a gable, hip or gambrel roof;

b. The highest point of a mansard roof; or

c. The highest point of the coping of a flat roof.

2. Fences Or Walls. In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade to the top of the fence or wall.

3. Exemptions From Height Standards. The following structures and features shall be exempt from the height requirements of this Development Code:

a. Chimneys, smokestacks or flues;

b. Cooling towers and ventilators;

c. Elevator bulkheads and stairway enclosures;

d. Grain elevators and silos;

e. Radio and television receiving antennas which only receive and do not transmit, and support structures, provided that they shall not exceed one hundred fifty percent (150%) of the maximum permitted height of the zoning district in which they are located, measured from average finished grade at the base of the support structure or building upon which it is located;

f. Utility poles, water towers and support structures;

g. Belfries, spires and steeples; and

h. Monuments and ornamental towers.

Measuring Building Height
Building height refers to the vertical distance between the average finished grade at the base of the building along the side of the building being measured.
Gable, Hip, Or Gambrel Roof Building height refers to the vertical distance between the average finished grade at the base of the building and the average height level between the eaves and ridge line of a gable, hip, or gambrel roof. Mansard Roof Building height refers to the vertical distance between the average finished grade at the base of the building and the highest point of a mansard roof. Flat Roof Building height refers to the vertical distance between the average finished grade at the base of the building and the highest point of the coping of a flat roof.

G. Floor To Area Ratio. The floor area of all buildings on a lot divided by the area of the same lot expressed as a ratio. For non-residential buildings or buildings containing residential and non-residential uses, "floor area" means the sum of the gross horizontal area of all floors of the building measured from the exterior faces of the exterior walls. For residential buildings, "floor area" shall mean the gross horizontal area of all floors in a dwelling measured from the external faces of the exterior walls. Garages, basements and open porches shall be excluded when measuring residential floor area. The floor area of all buildings on a lot divided by the area of the same lot expressed as a ratio.

Section 411.030 Use Groups And Description Of Uses.

[R.O. 1996 § 411.030; Ord. No. 4558 § 1, 8-3-2015]

A. This Section contains general descriptions associated with the use of land and buildings. The uses are grouped into general use groups that correspond with the Land Use Policy of the Comprehensive Plan. Specific uses are listed under each group which may relate to more detailed guidance of plans or have specific limitations or standards in these regulations. Where a proposed use appears to meet the description of more than one (1) use, or is not described in this Section, the Director shall make an interpretation on the most similarly described use considering: (1) the intensity and scale of the proposed use or proposed building type relative to site; (2) the typical site and building type designs associated with the use from existing examples; (3) the functional and operational characteristics of the use and potential impacts on adjacent property; and (4) the potential contribution of the use, and typical site and building type designs to the character and intent of the district. Any use that may not be interpreted as relatively equivalent to one described in this Section is not anticipated by these regulations and may only be allowed by a text amendment. Uses that are more specifically described shall not also be considered to be part of a more general use description, unless the context demonstrates a different intent. For example, grocery store shall not be considered one (1) of the more general retail uses.

1. Residential Use Group. This use group provides dwelling units either within a neighborhood context for more dense areas, or in an open or rural context in less dense areas. It includes household living as well as other dwelling options for specific circumstances or in unique contexts.

ACCESSORY DWELLING

A dwelling that is a secondary and subordinate dwelling to a principle dwelling unit, and it may be included within a detached house that includes the principle dwelling, or located in a detached accessory structure.

ASSISTED LIVING, CONVALESCENT CARE

A use providing bed care and in-patient services for persons needing regular medical attention, but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services or communicable disease. Typical uses include nursing homes.

ASSISTED LIVING, GENERAL

Multi-family dwelling units used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, hospitals or convalescent care. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.

ATTACHED HOUSING

The use of a lot for three (3) or more dwelling units where a small-scale building is sited on a single lot, or each unit is attached by common or abutting walls and with each dwelling unit located on its own separate lot. Typical formats include three- or four-unit houses, row houses, and small-scale apartment buildings.

DETACHED HOUSING

The use of a lot for only one (1) principal dwelling unit that is not connected to any other dwelling unit. Typical formats include estates, single-family houses. This definition shall exclude mobile homes.

GROUP HOME, GENERAL

A facility providing twenty-four (24) hour care in a protected living environment for more than eight (8) persons with physical or mental disabilities and any number of care givers.

GROUP HOME, LIMITED

A facility providing twenty-four (24) hour care in a protected living environment for no more than eight (8) persons with physical or mental disabilities and up to two (2) house parents or care givers.

GROUP HOME, TRANSITIONAL LIVING CENTER

State licensed group-care homes for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide out-patient rehabilitation for alcohol and other drug abuse.

INDEPENDENT SENIOR HOUSING

A residential housing development which may include any form of housing, including detached, attached, and multi-family housing units, that is designed for and dwelling units principally occupied by residents ages fifty-five (55) and older. Building type and unit density is determined by zoning.

[Ord. No. 4971, 12-21-2020]

MOBILE HOME PARK/MICRO-HOME PARK

An area or tract of land where two (2) or more manufactured housing units, micro-homes, mobile homes or mobile home/manufactured housing spaces are rented or held out for rent.

MULTI-FAMILY HOUSING

The use of a site for a building or buildings containing three (3) or more dwelling units typically including large lots and building formats or arranged in a complex of multiple buildings. Typical formats include apartment complexes or dwellings in mixed-use buildings.

SEMI-ATTACHED HOUSING

The use of a lot for two (2) principle dwelling units where a house is divided into two (2) units sited on a single lot, or each unit is attached by a common wall on the lot line. Typical formats include duplexes, paired houses, flat over flat or tandem houses.

2. Open Space Use Group.

a. This use group provides an open and civic amenity through larger coordinated systems of open space, designed to serve specific functions as part of the public realm, whether owned publicly, in common, or privately.

b. The open space uses include the following types, described in Section 406.030, Open Space System: preserve, park/greenway, trail, green, square, and plaza.

3. Civic/Institutional Use Group. This use group provides a public or civic amenity that supports the general community or immediately surrounding places and neighborhoods.

ASSEMBLY, AUDITORIUM/STADIUM (1,500 +)

A facility used primarily for indoor or outdoor spectator sports, entertainment events, expositions and other public gatherings, typically attracting or having a capacity for more than one thousand five hundred (1,500) people. Typical uses include stadium, auditorium, convention and exhibition halls, sports arenas and amphitheaters.

ASSEMBLY, NEIGHBORHOOD (<500)

A facility used for organized services, assemblies or programs on a periodic or occasional basis, primarily aimed at serving the social, cultural or spiritual needs of residents in the immediate neighborhoods or adjacent areas, and designed for a capacity of no more than five hundred (500) people for any one (1) event. Typical examples include meeting halls, neighborhood association club houses, or small churches.

ASSEMBLY, COMMUNITY (500 – 1,500)

A facility used for organized services, assemblies or programs on a periodic or occasional basis, primarily aimed at serving the social, cultural or spiritual needs of the general community, and designed for a capacity of between five hundred (500) and one thousand five hundred (1,500) people for any one (1) event. Typical examples include large meeting halls, community associations, small auditorium or event center, or large churches.

CEMETERY

Land used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.

CULTURAL SERVICE

A facility providing cultural and educational services to the public. Typical uses include museums, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.

FUNERAL HOME

A use engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.

GOLF COURSE

A facility providing private or public golf recreation services and support facilities. This definition shall exclude miniature golf courses and golf driving ranges except those that are clearly accessory uses. (See "recreation and entertainment — outdoor.")

HOSPITAL

An institution that: (1) Offers service more intensive than those required for room, board, personal services and general nursing care; (2) Offers facilities and beds for use beyond twenty-four (24) hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and (3) Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.

LIBRARY

A publicly-operated establishment housing a collection of books, magazines, audio and video tapes and other material for borrowing and use by the public.

PUBLIC SERVICE/GOVERNMENT OFFICE

Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include post office, public safety and emergency services, administrative offices of government agencies and utility billing offices.

SCHOOL, COLLEGE or UNIVERSITY

An institution of higher education offering undergraduate or graduate degrees.

SCHOOL, ELEMENTARY, MIDDLE or HIGH

The use of a site for instructional purposes on an elementary, middle or secondary level.

SCHOOL, VOCATIONAL

A use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "school."

4. Office Use Group. This use group provides administrative, executive, financial or operational functions of a business and where the principal functions are employment and related activities that typically do not involve frequent interaction with customers, clients or the general public.

HOME OFFICE

A business operated out of the primary dwelling unit of the business owner and subject to specific home occupation restrictions.

OFFICE, GENERAL

A moderate sized business, typically requiring twenty (20) to one hundred (100) employees at full capacity and located in a mixed-use, or general commercial or general industrial building. Typical examples include a call center, corporate branch office or medium sized professional services firm.

OFFICE, LARGE

A large business, typically requiring over one hundred (100) employees at full capacity and located in a mixed-use, general commercial or general industrial building, or occupying a campus like setting through multiple related buildings. Typical examples include a call corporate headquarters, or large professional services firm.

OFFICE, SMALL

A small business, typically requiring less than twenty (20) employees at full capacity and located in a mixed-use, small commercial, small industrial/workshop or general commercial building. Typical examples include small clerical or administrative offices, real estate or property management, or small professional service firms with limited interaction with clients or customers.

5. Retail/Commercial Use Group. This use group provides businesses engaged in the retail sale or rental of goods, products, and associated services to the general public, where frequent interaction with customers, patrons, or the general public occurs on site.

GROCERY STORE (<40,000 SQUARE FEET)

A retail use that sells wide range food products and other consumer products for household needs. The small format allows this use to serve as an anchor to a walkable neighborhood center that is full of a diverse range of otherwise smaller stores serving neighborhood needs. Building formats have under forty thousand (40,000) square feet and are either part of a small commercial, general commercial, or mixed-use building type.

LARGE RETAIL (12,000 – 100,000 SQUARE FEET)

A large retail or commercial use that is part of a regional draw. Building formats have between twelve thousand (12,000) and one hundred thousand (100,000) square feet and occupy general commercial building types. Typical examples include large specialty stores such as sporting goods outlets, large home electronics centers, clothing department stores.

MARIJUANA DISPENSARY

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.

[Ord. No. 4826, 5-20-2019; Ord. No. 5192, 3-6-2023]

MICRO-COMMERCIAL (<1,000 SQUARE FEET)

A retail/commercial or service use engaged in very small-scale operations to serve the immediately surrounding neighborhood, or to serve as a very limited accessory use in a particular destination, and which are usually not part of a larger commercial destination. Building formats have no more than one thousand (1,000) square feet. Typical examples involve a corner store, coffee shop or kiosk, food or news stand, or mobile and temporary versions such as a food truck.

MID-SIZE RETAIL (3,000 – 12,000 SQUARE FEET)

A retail or commercial use that provides specialty items in a larger format as part of a diverse and vital activity center or in a stand-alone format. Building formats have between three thousand (3,000) and twelve thousand (12,000) square feet, and usually occupy small commercial, mixed-use or pad site building type. Typical uses involve electronics stores, shoe stores, larger book or music stores, or larger pharmacies or convenience stores.

OUTDOOR SALES, GENERAL

The display of merchandise associated with an otherwise permitted retail use that requires areas to be designed and dedicated for outside display as part of the permanent operations of the use. Typical examples include a garden center or lumber area associated with a home improvement center.

OUTDOOR SALES, LIMITED

The limited display of merchandise on a sidewalk or an exterior private area of a site associated with an otherwise permitted retail use. This display is further limited by the following: (1) it only occurs during regular business hours and is brought indoors; (2) it is limited in extent to less than ten percent (10%) of the entire merchandise area of the retail use; and (3) it is limited to seasonal events lasting no longer than one (1) week at a time, with at least four (4) weeks between successive events. Typical examples include sidewalk sales or special events for neighborhood retail centers.

OUTDOOR SALES, SEASONAL

The limited display of merchandise on a sidewalk or exterior private area of a site associated with an otherwise permitted retail use. This display is further limited by the following: (1) it is limited in extent to less than twenty percent (20%) of the entire merchandise area of the retail use; and (2) it is limited to seasonal sales and events lasting no more than six (6) weeks at a time and no more than twice per year. Typical examples include a garden sale, Christmas tree sale.

OUTDOOR SALES AND SERVICES

A retail use where the nature of the products requires outdoor display and storage in a limited or smaller scale manner. Typical examples include a nursery, garden center, statuary store, or lumber yard.

OUTDOOR SALES AND SERVICES, EQUIPMENT

A retail or commercial use where the nature of the products require outdoor display and storage in a large scale format. Typical examples include an automobile dealership, boat sales, mobile home sales, car rental lot, or equipment or machinery sales and rental store.

SMALL RETAIL (<3,000 SQUARE FEET)

A small retail/commercial use that serves immediately surrounding neighborhoods, or serves as a specialty or niche market, usually part of a larger grouping of small retail stores that encompass a diverse and vital activity center. Building formats have no more than three thousand (3,000) square feet, and usually occupy small commercial or mixed-use building type. Typical uses include pharmacy, dime store, small hardware store or book store, clothing boutiques or other similar retail shops.

SERVICE STATION, GENERAL (7 – 16 PUMPS)

A retail use that sells gasoline or other motor fuels primarily to automobiles and passenger vehicles, along with the accessory activities such as the sale of lubricants and accessory supplies of motor vehicles. This general format involves up to sixteen (16) pump/service stations, may have up to four (4) accessory service bays in the building, and may include an accessory car wash bay with a special use permit.

SERVICE STATION, LARGE (17+ PUMPS)

A retail use that sells diesel fuel, gasoline or other fuels to automobiles, passenger vehicles, and tractor trucks, along with accessory activities such as the sale of lubricants, accessories or supplies, or the servicing of tractor trucks or semitrailers. A large service station may include, as an accessory use, the parking and storage of tractor trucks and semitrailers.

SERVICE STATION, LIMITED (6 OR FEWER PUMPS)

A retail use that sells gasoline or other motor fuels primarily to automobiles and passenger vehicles, along with the accessory activities such as the sale of lubricants and accessory supplies of motor vehicles. This small format has no more than six (6) pump/service stations, and no more than two (2) accessory service bays in the building, allowing it to fit into strategic locations of pedestrian-scale neighborhoods centers with appropriate site and building design.

SUPERMARKET (40,000+ SQUARE FEET)

A retail use that sells wide range food products and other consumer products for household needs. The larger format allows this use to serve broad community or regional needs as part of large-scale commercial areas. Building formats have over forty thousand (40,000) square feet and are typically part of general commercial building types.

TOBACCONIST

A commercial establishment primarily for the sale of tobacco-related products. "Tobacco-related products" shall include, but not limited to: cigarettes, cigars, pipe tobacco, loose tobacco, cigarette papers, and pipes. This definition shall also include electronic and vapor cigarettes.

[Ord. No. 4723, 3-19-2018]

WAREHOUSE RETAIL (100,000+ SQUARE FEET)

A retail use that serves as a regional draw. Building formats have more than one hundred thousand (100,000) square feet and occupy large general commercial building types. Typical uses involve department stores, super-centers, warehouse clubs, home improvement centers or other very large scale retail operations.

6. 

Service/Entertainment Use Group. This use group provides businesses engaged in personal or professional service, entertainment or business support activities that typically do not involve the exchange of goods, but where frequent interaction with the customer, patron or general public occurs on site.

ADULT ENTERTAINMENT ESTABLISHMENT

A use that includes any of the following specific activities:

1. ADULT BOOKSTORE A use having as ten percent (10%) or more portion of its stock in trade, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.

2. ADULT ENTERTAINMENT FACILITY Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape or film presentation), where the patrons either: (1) Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) Observe any live presentation, video tape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.

3. BATHHOUSE A use or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.

4. MASSAGE SHOP A use which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on their behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri, or any massage therapy establishment that has a current permit from the City of Blue Springs.

5. MODELING STUDIO A use or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools where persons are enrolled in a class.

ANIMAL CARE, GENERAL

A use providing animal care, boarding or veterinary services with outdoor animal runs.

ANIMAL CARE, KENNEL

Boarding, breeding or training facilities for three (3) or more dogs that are more than six (6) months of age, including dogs owned by the occupants of the property.

ANIMAL CARE, LIMITED

A use providing animal care, boarding or veterinary services for household pets, with no outdoor animal runs.

BANK or FINANCIAL INSTITUTION

Establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. "Banks and Financial Institutions" also include automated teller machines.

BAR or TAVERN

A use in which the primary function is the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as "cocktail lounges" and "night clubs."

BODY ART SERVICE

Any facility that engages in the activity of tattooing and body piercing as defined and regulated by the State of Missouri. Body art services do not include a facility that only conducts ears piercing and physicians who perform body art procedures as part of a patient treatment.

[Ord. No. 4723, 3-19-2018]

CAR WASH

A use primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.

CLUB, PRIVATE

A use providing meeting, recreational, or social facilities for a private association, primarily for use by members and guests. Typical uses include private social clubs, lodges and fraternal organizations.

DAY CARE, COMMERCIAL

A business that provides care, protection and supervision of individuals away from their primary residence in a commercial service or institutional setting.

DAY CARE, GENERAL

A business conducted in a private residence providing care, protection and supervision of individuals away from their primary residence for five (5) to ten (10) individuals at any one (1) time, excluding those persons related to and residing in the home of the day care provider.

[Ord. No. 4570 § 5, 10-5-2015]

DAY CARE, LIMITED

A business conducted in a private residence providing care, protection and supervision of individuals away from their primary residence for four (4) or fewer individuals at any one time, excluding those persons related to and residing in the home of the day care provider.

[Ord. No. 4570 § 5, 10-5-2015]

HAUNTED HOUSE

A special amusement building used for the attraction and amusement of persons for the purpose of scaring, thrilling, entertaining or amusing them. This shall not include such a use in a residential detached single-family dwelling or a residential dwelling containing no more than four (4) residential attached single-family dwelling units.

HEALTH CLUB

A facility where patrons use equipment or space for the purpose of physical exercise.

HOTEL or MOTEL

A use 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.

MARINA

A facility for the storage (wet or dry), launching and mooring of boats.

MEDICAL SERVICE

A use providing therapeutic, preventive, or corrective personal treatment services on an out-patient 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, chiropractors, osteopaths, optometrists; blood banks and medical laboratories.

PAINTBALL FACILITY, INDOOR

An indoor facility designed for the discharge of paintball guns.

PAINTBALL FACILITY, OUTDOOR

An outdoor facility designed for the discharge of paintball guns.

PERSONAL SERVICES

A use engaged in the provision of services to individuals and households where professional or personal services are performed on site with regular daily interaction with customers or the general public. Examples include a barber shop or beauty salon, a small professional services office [under ten (10) employees] such as accountant, travel agent, real estate office, or law office, small appliance repair shop, tailor or other small-scale services for the general public.

RECREATION AND ENTERTAINMENT, INDOOR

A use offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, banquet or concert halls, theaters, bingo parlors, pool halls, billiard parlors and video game arcades.

RECREATION AND ENTERTAINMENT, OUTDOOR

A use offering recreation, entertainment or games of skill to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, outdoor concerts, live performances or plays, festivals and miniature golf courses.

RECREATIONAL VEHICLE PARK

Land designed for occupancy by recreational vehicles for transient living purposes, including the use of camping spaces for tents.

RESTAURANT, FAST-FOOD

A use primarily engaged in the sale of food and non-alcoholic beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle.

RESTAURANT, GENERAL

A use where the principal business is the sale of food and beverages in a ready-to-consume state.

SHOOTING RANGE, INDOOR

An indoor facility designed for the discharge of firearms at targets.

SHOOTING RANGE, OUTDOOR

An outdoor facility designed for the discharge of firearms at targets.

SHORT-TERM LOAN SERVICE

Any business which loans money on a short-term basis to members of the general public as an element of its operation, including businesses offering title loans, payday loans, signature loans and small loans under Chapter 367 or Section 408.500, RSMo., and other similar businesses, but not to include a bank, savings and loan association or credit union which is licensed by appropriate State and Federal agencies, or a retail credit financing institution which is licensed under Chapter 364 or 365, RSMo., or pawnbrokers governed by Chapter 367, RSMo., or retail merchants covered by Chapter 400, Article 2, RSMo.

STUDIO, TELEVISION or FILM

A use primarily engaged in the provision of recording or broadcasting services accomplished through the use of electronic mechanisms.

VEHICLE REPAIR, GENERAL

A use primarily engaged in painting of or body work to motor vehicles or heavy equipment. Typical uses include paint and body shops.

VEHICLE REPAIR, LIMITED

A use providing automobile repair or maintenance services within completely enclosed buildings.

7. Light Industrial/Craft Manufacturing Use Group. This use group provides for production, processing and sale of consumer products, smaller-scale business products or related services that create employment opportunities and support for other service or commercial businesses. These uses have limited scale operations with little or no negative external impacts on adjacent areas, enabling them to be complimentary to mixed-use environments. A customer destination such as a gallery, front office or small retail outlet is often part of this use, adding to its commercial/retail or employment nature. All activities, production and storage occurs indoors, and there are limited frequency of delivery services, typically by small truck or van services available to the general public, with no large truck traffic.

ARTISAN/MICRO-MANUFACTURING

On-site production of goods by hand, using hand tools, or with small-scale or light mechanical equipment. Production activities typically occupy less than five thousand (5,000) square feet. Typical uses include art studios, woodworking or metal shops, arts and craft manufacturing and other smaller-scale assembly.

BUILDING OR CONSTRUCTION CONTRACTOR (WITH MACHINERY, EQUIPMENT, OR STORAGE)

Construction contractor shall mean a person engaged in the construction of buildings, engaged in heavy construction (such as streets, bridges, or utilities), or specialized in such construction trades such as plumbing, heating and air condition, electrical wiring, masonry, roofing or gutters, well drilling, or house painting. Construction equipment shall mean a self-propelled or non-propelled equipment designed for off-road use in grading or construction, including trailers, attachments, and component parts for such equipment.

[Ord. No. 4625 § 11, 11-21-2016]

FOOD PRODUCTION, LIMITED

A use engaged in the manufacture of food and food products primarily for delivery or commercial use off premises, with limited on-premises services. Production activities typically occupy less than ten thousand (10,000) square feet. Typical uses include a bakery, caterer, winery or other specialty food production service.

INDUSTRY, LIGHT

A use engaged in the basic processing and manufacturing of materials and products to support other businesses and industries, from small or moderate amounts of raw materials. Production areas typically occupy less than one hundred thousand (100,000) square feet, and more frequent truck traffic is associated with operations.

MANUFACTURING, LIMITED

On-site production of goods or services using light mechanical equipment or other processes where some larger storage or warehousing capacity may be needed. Production activities typically occupy less than twenty thousand (20,000) square feet. Typical uses include computer and electronic product assembly, printing and publishing shops, small equipment repair or services, furniture assembly, clothing or dry goods production and other small- or moderate-scale assembly or production services.

RESEARCH AND DEVELOPMENT

A use that may combine combinations of office, warehousing, manufacturing, and light processing of materials, including for research, testing, or production of prototype products. Production areas typically occupy less than forty thousand (40,000) square feet, and operations involve no need for outdoor storage of supplies or equipment, with limited frequency delivery services, with only occasional need for large truck traffic for shipping or deliveries. Examples include laboratories, processing centers or other applied research for business purposes.

8. Industrial Use Group. This use group provides the handling or production of noxious, offensive or dangerous materials, where things are done at a large scale or which have potential negative impacts on adjacent property through noise, vibration, smoke or fumes, outdoor operation or storage of materials and equipment, and frequent or commercial and larger truck access.

ABOVEGROUND TANKS FOR THE STORAGE OF FLAMMABLE LIQUIDS

A self-contained, aboveground facility or tank structure for the storage of Class 1, Class 2, and Class 3A flammable liquids as defined by the International Fire Code adopted by the City.[1]

[Ord. No. 4739, 5-7-2018]

AIRPORT/AIRSTRIP

Any public or privately owned or operated ground facility designed to accommodate landing and take-off operations of aircraft, including all taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

CORRECTION FACILITY

A facility providing housing and care for individuals confined for violations of law.

FOOD PRODUCTION, GENERAL

A use engaged in the manufacture of food and food products, including non-retail bakeries, canning facilities and creameries.

INDUSTRY, EXTRACTIVE

A use engaged in the extraction or processing of minerals, natural gas or other similar raw materials. Typical uses include quarries, mine, and oil or gas refineries.

INDUSTRY, GENERAL

A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include asphalt or concrete plant, construction landfill or recycling, distilleries, pulp processing and paper products manufacturing, glass, brick or steel manufacturing, steel works, tanneries, and fertilizer or chemical manufacturing.

LAUNDRY SERVICE

A use that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include laundromat or dry cleaning pick-up stations.

MANUFACTURING, GENERAL

Establishment engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products.

MARIJUANA CULTIVATION FACILITY

A facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana.

[Ord. No. 4826, 5-20-2019; Ord. No. 5192, 3-6-2023]

MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products.

[Ord. No. 4826, 5-20-2019; Ord. No. 5192, 3-6-2023]

MARIJUANA TESTING FACILITY

A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.

[Ord. No. 4826, 5-20-2019; Ord. No. 5192, 3-6-2023]

MARIJUANA TRANSPORTATION FACILITY

A facility certified by the Missouri Department of Health and Senior Services to transport marijuana.

[Ord. No. 4839, 7-15-2019; Ord. No. 5192, 3-6-2023]

STOCKYARD

A non-farm-based facility used or intended to be used for selling or holding livestock.

STORAGE, HAZARDOUS MATERIALS

The storage, processing or distribution of large quantities of materials that may present the potential for serious hazards to human life and health. Typical uses include arsenals, atomic reactors, fuel and gas storage, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.

STORAGE, RESIDENTIAL WAREHOUSE

An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for long-term storage of their household goods or personal property.

STORAGE, WAREHOUSE/WHOLESALE

A use primarily engaged in the storage or sales of materials, equipment, or products or sales to wholesalers or retailers. Typical uses include cold storage, warehousing and long-term storage facilities.

STORAGE, YARD

Land or building used primarily for the collecting, storage, or salvaging of machinery or vehicles, which may include the sale or disposition of parts. Typical uses include equipment or vehicle storage, automobile salvage yards and junk yards.

WAREHOUSE/DISTRIBUTION CENTER

A use primarily engaged in the receiving, storage, and distribution of goods. Typical uses include distribution centers in which goods are received by truck, stored, and delivered to residential or commercial customers off-premises by truck or other delivery vehicle.

[Ord. No. 4971, 12-21-2020[2]]

WASTE PROCESSING, LANDFILL

A disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where municipal solid wastes are salvaged, sorted, processed or treated.

WASTE PROCESSING, RECYCLING COLLECTION CENTER (MAJOR)

A building or site designed for source separated collection, storage and preparation for distribution of recoverable materials such as newspapers, glass, aluminum and other metals, household waste, yard waste and other products which can be processed and converted to usable products or raw materials.

WASTE PROCESSING, RECYCLING COLLECTION STATION

An accessory use or structure that serves as a drop-off station or buy-back station, occupying no more than five hundred (500) square feet for the collection of recyclable materials. Includes reverse vending machines. The temporary storage of such items would be permitted, but no processing would be allowed. The facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

WASTE PROCESSING, RECYCLING COLLECTION STATION (MINOR)

A building designed to fully enclose the source separated collection, storage and preparation for distribution of recoverable materials such as newspapers, glass, aluminum and other metals, household waste, yard waste and other products which can be processed and converted to usable or raw materials.

[1] Editor's Note: See Ch. 500, Building Code.

[2] Editor's Note: Ord. No. 4971 also repealed the definition of "freight terminal," formerly above, in lieu of this definition.

9. Agriculture Use Group. This use group provides for farming and food production uses on open, rural and undeveloped lands at a scale that requires large land parcels.

AGRICULTURAL PROCESSING

The initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.

AGRICULTURAL SALES AND SERVICES

A use primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

AGRICULTURE, GENERAL

The use of land for the production of livestock, dairy products, poultry or poultry products.

AGRICULTURE, LIMITED

The use of land for the production of row crops, field crops, tree crops or timber.

10. Supplemental Use Group. This use group is for uses that are typically supplemental to other primary uses of land or buildings, or which are of a nature that require City-wide application of the use in a variety of settings that require special planning, design and siting considerations to be compatible with general development patterns.

COMMUNICATION TOWERS

AM/FM radio, television and microwave transmission towers and accessory equipment and buildings. This type of tower is not a telecommunications tower as defined in Section 408.030 and is not subject to Section 408.030.

HELIPORT or HELIPAD

An area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.

MICRO-WIND TURBINE (MWT)

A wind energy conversion system (WECS), consisting of a wind turbine, tower (unless roof mounted) and associated control or conversion electronics, which has a rated capacity of ten (10) kilowatts or less.

MILITARY SERVICE

A facility used or intended to be used by a branch of the United States Armed Forces, including military reserves.

OUTDOOR ADVERTISING

A use that displays off-premise messages on a permanent sign visible to the public, such as a billboard. An off-premise message is any message not pertinent to the premise on which the message is displayed. This shall not be construed to infringe on any speech protected by the First Amendment.

[Ord. No. 4885, 2-3-2020]

TRANSIT FACILITY

A facility used or intended to be used as an area for loading, unloading and interchange of transit passengers. Typical uses include bus terminals, rail stations and passenger related mass transit facilities.

UTILITY, MAJOR

Generating plants; electrical switching facilities and primary substations; solar farm; water and waste water treatment plants; water tanks; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities or other uses defined in this Section.

[Ord. No. 4837, 7-1-2019]

UTILITY, MINOR

Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

WIND ENERGY CONVERSION SYSTEM (WECS)

Any machine designed for the purpose of converting wind energy into electrical energy.

11. Historic Overlay District Use Group. This use group provides uses that may be permitted through the conditional use permit process in a designated Historic Overlay District. This use group provides low intensity, small-scale community and commercial uses that are compatible in predominately residential and mixed-use neighborhoods.

[Ord. No. 4795, 2-19-2019]

ANTIQUE SHOPS

A place offering antiques for sale. "Antiques" shall include works of art, pieces of furniture, decorative objects, or the like, belonging to the past, at least eighty percent (80%) of which are over fifty (50) years old or have collectible value.

ART GALLERIES

An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

ARTS AND CRAFTS STUDIOS

A use involving the production of works of art by individuals and assistants and the incidental sale to consumers of those works produced, limited to the use of hand tools or domestic mechanical equipment.

BED-AND-BREAKFAST

An establishment or place or business that is in a private residence with one (1) to four (4) guest rooms, occupied or used as a transient abiding place of individuals or groups of individuals who are lodged for compensation and making available services normally provided by hotels.

COFFEE HOUSE

An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.

MUSEUM

An establishment utilized for the display of exhibits of historic, educational, or cultural nature which are not operated commercially on a for-profit basis.

RESTAURANT, SPECIALITY

An establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage.

TEA ROOM/SHOP

A public house or restaurant where tea and light refreshments are served.

Section 411.040 Glossary.

[R.O. 1996 § 411.040; Ord. No. 4558 § 1, 8-3-2015]

All terms shall have the meaning given below, unless the context of the use of the term clearly indicates otherwise based on the purposes and intent statements or specific definitions in these regulations.

ACCESSORY STRUCTURE

Detached non-dwelling unit structure, including a garage, that is located on the same lot or premises as the main structure. Accessory structures shall not be located in the front yard.

ACCESSORY USE

A structure or use that:

1. Is subordinate in area, extent and purpose to the principal use;

2. Contributes to the comfort, convenience or necessity of the principal use; and

3. Is located on the same lot and in the same zoning district as the principal use.

ACCESSWAY

A private street or driveway that affords a means of access to parking areas and bays and to abutting buildings and is less than four hundred (400) feet in length.

ALLEY

Very low capacity roadway with two-way yield operation along the rear of properties providing common access for parking, service areas and accessory units as well as utility easements.

ALTERATION

As applied to a building or structure, means a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another shall be considered as an alteration.

ARCADE

A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk remains the frontage line. This type is conventional for retail use, with other uses in the occupied space above the colonnade.

AS-BUILT PLANS

Construction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.

AUTOMATED TELLER MACHINE (ATM)

A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

AVENUE

Medium capacity roadway with intensive pedestrian use appropriate as the main street of the commercial or mixed use zone.

BASEMENT

That portion of a building having more than one-half (1/2) of its height below grade.

BLADES

The aerodynamic surface that catches the wind.

BLOCK

An area of land that is entirely bounded by streets.

BUILDING

Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property.

BUILDING CODE

The Building Code of the City of Blue Springs.[1]

BUILDING COVERAGE

The area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three (3) feet of a roof overhang. Ground-level parking, open recreation areas, patios and plazas shall not be counted as building coverage.

BUILDING LINE

An imaginary line running parallel to a lot line, that is the same distance from the lot line as the closest portion of a building on the site.

CITY

City of Blue Springs, Missouri.

CIVIC

The term defining not-for-profit organizations dedicated to religious, cultural, educational or governmental missions.

CIVIC SPACE

An open area dedicated for public use. Civic space is also the zone in which prominent civic buildings are located.

COMMON LAWN

A frontage wherein a group of buildings share a common lawn on a single lot. The frontage has a visual relation to the street and to the buildings across the lawn. Common lawn frontages may have only one (1) accessory unit.

COMMON OPEN SPACE

See "open space, common."

COMPREHENSIVE PLAN

The official long-range development plan adopted by the City of Blue Springs Planning Commission, and any official plan or program implemented under the guidance of that plan.

CONSTRUCTION PLANS

The engineering drawings showing types of materials and construction details for public facilities and improvements intended to be dedicated to the City.

COURTYARD

Low to very low capacity divided roadway with a landscaped median to provide direct local access along a dead-end alignment.

DEDICATION

Intentional transfer by the developer to the public of ownership of, or an interest in, land for a public purpose. Dedication may be affected by compliance with statutes relating to dedication of land, by formal deed of conveyance, or by any other method recognized by the laws of the State of Missouri.

DESIGN AND CONSTRUCTION MANUAL

The official document adopted by the City of Blue Springs to regulate the construction of public infrastructure improvements within the City including the design and construction of streets, water lines, sanitary sewers, and storm sewers.

DEVELOPMENT

Any subdivision of land or partition of real estate interests; any consolidation or accumulation of tracts of land; any material change in the use or appearance of any parcel of land; any activity that affects lot lines, easement locations, number of lots, setbacks, locations of structures, dedications of streets or utilities; or the act of building structures or improvements on land.

DOE

The Federal Department of Energy.

DONATION COLLECTION BIN

A portable receptacle or container made of metal, steel or any other material designed or intended for the collection and temporary storage of donated clothing or other salvageable personal property. This term does not include solid waste collection/processing facilities or recycling collection bins for the collection of recyclable materials as defined herein.

[Ord. No. 4926, 8-17-2020]

DOORWAY

A frontage wherein the facade is aligned with the sidewalk and the entry is a door flush with the facade or recessed into the facade. This type is similar to storefront frontages, except that they are primarily used for residential entries.

DOORYARD

A frontage wherein the facade is set back from the frontage line by an at-grade courtyard. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The dooryard is suitable to conversion for outdoor dining.

DOWNTOWN ZONING MAP

The Official Zoning Map showing the disposition of T-Zones, streets and public spaces of the Downtown Development Code (DDC).

DOWNTOWN ZONING MAP OVERLAY

Site specific modifications to the Downtown Zoning Map.

DWELLING UNIT

A building or portion of a building that contains living facilities for not more than one (1) family and that includes provisions for sleeping, cooking, eating and sanitation.

EASEMENT

A grant by a property owner to the public, a corporation, or a person(s) of the use of a recorded strip of land for certain specified purposes.

ENGINEER

A professional engineer licensed in the State of Missouri.

ESCROW AGENT

A title company, bank, savings and loan association, trust company, attorney or other person, company, or agency approved by the City Council to act as escrow agent.

ESSENTIAL SERVICE

Those services provided by the City and other governmental entities that are directly related to the health and safety of its residents, including fire, police and rescue.

FAA

The Federal Aviation Administration.

FAMILY

One (1) or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit as distinguished from persons occupying a boarding or rooming house; plus in either case, usual domestic servants.

FENCE

An enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees or other natural growth.

FENCE HEIGHT

The vertical distance measured from the side of the fence that is exterior to the property or from the lowest adjacent ground level to the top of the fence material. In the case of wire fencing, height shall be measured by the width of the material used providing that when installed the material is directly adjacent to the ground level.

FENCE, SHARP POINTED

A barbed fence, a fence with spikes, other sharp points or a razor blade fence.

FENCE, WIRE

A fence whose principal material is wire. This, includes, but is not limited to, chain link fences.

FLOODPLAIN

That area of land adjoining the channel of a river, stream, watercourse, lake or similar body of water which is subject to a one percent (1%) or greater chance of flooding in any given year; as defined by the United States Corps of Engineers and the National Flood Insurance Act.

FORECOURT

A frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalk.

FRONT YARD

A frontage wherein the facade is set back from the frontage line with an attached porch permitted to encroach. A fence at the frontage line is optional.

FRONTAGE or FRONTAGE LINE

The front property line and/or right-of-way line of a building lot measured along a public way or street. Alleys are not considered to have frontages.

FRONTAGE ROAD

Low to very low capacity roadway parallel to a thruway to provide access to abutting property.

GALLERY

A frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use.

GROWING SEASON

April 15 to November 1.

HAZARDOUS SUBSTANCES

Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or harmful to the health of any person handling or otherwise coming into contact with such material or substance.

HELIPORT or HELIPAD

An area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.

HORIZONTAL AXIS WIND TURBINES (HAWTS)

The type of wind turbine that has the main rotor shaft and electrical generator at the top of the tower and must be pointed into the wind. The turbine is generally pointed upwind of the tower and the blades placed some distance in front of the tower.

HOUSEHOLD HAZARDOUS WASTE

A waste that is considered hazardous because of the way it affects humans or reacts with other chemicals. They are usually grouped into these five (5) categories: caustic, explosive, infectious, toxic and radioactive.

IMPROVEMENTS

Any structural, material, or physical change incident to servicing or furnishing facilities for a subdivision, such as, but not limited to, grading, street pavements, curb and gutter, driveway approaches, sidewalks and pedestrian ways, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lakes, waterways, canals, permanent street monuments, and other appurtenant construction; demolition of structures; planting and landscaping; or removal of trees and other vegetative cover.

INOPERABLE VEHICLE

Any motor vehicle that is unable to operate or move under its own power. It shall also mean any motor vehicle that is in an abandoned, wrecked, dismantled, scrapped, junked or partially dismantled condition.

INTENSITY (OF USE DISTRICTS)

References to less restrictive or more restrictive zoning districts refer to the base zoning districts established by Section 404.010 and represent a progression from the RE District as the least intensive zoning district to the H District as the most intensive zoning district. Special purpose base districts and overlay districts are not included in the zoning district hierarchy. References to less intensive or more intensive uses refer to the zoning districts in which such uses are first permitted. Use "X" is to be construed as more intensive than Use "Y" if Use "X" is first permitted by-right in a zoning district that is more intensive than the district in which Use "Y" is first permitted by-right.

LANE

Low to very low capacity roadway with two-way yield operation to provide direct access to abutting land. Yield operation means the street widths are such that when cars traveling opposite directions meet, one (1) driver must yield to allow passage.

LATTICE TOWER

A small scale wind generation facility tower that is constructed to be self-supporting by lattice type supports and without the use of guyed wires or other supports.

LOADING SPACE

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.

LOT

A parcel of real property that complies with the minimum lot area and setback standards of this Development Code which is developed or intended to be developed as a unit under single ownership or control. A lot may consist of one (1) or more lots of record, one (1) or more portions of a lot or lots of record, or any combination thereof.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, INTERIOR

A lot whose side lines do not abut upon any street.

LOT LINES

The lines bounding a lot.

LOT OF RECORD

A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or a lot described by metes and bounds, the description of which was recorded in the office of the Register of Deeds prior to January 21, 1980.

MANUAL FOR BEST MANAGEMENT PRACTICES FOR STORMWATER QUALITY

Manual developed by the Mid-America Regional Council and American Public Works Association for best management practices associated with stormwater quality.

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD)

National standard developed by the United States Department of Transportation Federal Highway Administration for all traffic control devices installed on any street, highway, bikeway, or private road open to public travel.

MANUFACTURED HOUSING UNIT

A transportable, factory-built structure that is manufactured in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) and that is designed to be used as a single detached dwelling unit.

MARIJUANA

As defined in 19 CSR 30-95.010, Definitions.

[Ord. No. 4826, 5-20-2019]

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. 4826, 5-20-2019]

MARIJUANA USE

The production, consumption, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug.

[Ord. No. 4826, 5-20-2019; Ord. No. 5192, 3-6-2023]

MASONRY

Durable, long-lasting materials such as stone, brick, cast stone, stucco, synthetic stone, cultured stone and glass-fiber reinforced concrete.

MATERIALS RECOVERY FACILITY (MRF)

A facility in which source separated commingled recyclable materials, such as newspapers, glass, metals and plastic containers, are stored, flattened, crushed and/or bundled prior to shipment to others who will use those materials to manufacture new products.

METEOROLOGICAL or MET TOWER

A temporary tower designed to support the gathering of wind energy resource data.

MICRO-HOME

A small building [under seven hundred twenty (720) square feet] designed as a single detached principal dwelling unit.

MILITARY SERVICE

A facility used or intended to be used by a branch of the United States Armed Forces, including military reserves.

MIXED WASTE RECOVERY FACILITY (DIRTY MRF)

A facility that operates similar to a MRF with the exception that recyclable materials are recovered from municipal solid waste at the facility rather than at origin.

MOBILE FOOD TRUCK/TRAILER

A large vehicle equipped for cooking and/or providing food for sale. A mobile food truck/trailer serves food or beverages from an enclosed self-contained motorized vehicle and/or trailer. Mobile food trucks/trailers are intended to be mobile and shall not be permanently placed on one (1) particular property or street for a period exceeding twenty-four (24) hours at a time except when servicing a festival, carnival or similar activity.

MOBILE FOOD BUSINESS

A business that serves food or beverages from a self-contained unit either motorized or in a trailer on wheels, and conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location.

MOBILE HOME

A transportable, factory-built structure that was manufactured prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) and that is designed to be used as a single detached dwelling unit.

MONOPOLE TOWER

A small scale wind generation facility tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors or other supports.

NACELLE

The body of the propeller-type wind turbine.

NON-ACCESS RESERVATION

A parcel or tract of subdivision land withheld from development and subject to private use and access restrictions for the purpose of protecting the environment of a subdivision, or to enhance a street right-of-way, or to improve traffic flow on a principal street.

NON-CONFORMING STRUCTURES

Buildings and structures, not including signs, legally established prior to November 18, 1996, that do not conform with the property development standards of the zoning district in which the use is located are referred to as "non-conforming structures."

NON-CONFORMING USE

Uses legally established prior to November 18, 1996, that do not conform with the use regulations of the district in which the use is located are referred to as "non-conforming uses."

NON-CONFORMITY

A non-conforming use or non-conforming structure.

[Ord. No. 4885, 2-3-2020]

OPEN SPACE

An outdoor, unenclosed area, located on the ground or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but not including roads, parking areas, driveways, or other areas intended for vehicular travel.

OPEN SPACE, COMMON

Open space within a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents or occupants of the development. Common open space does not include areas utilized for streets, alleys, driveways, private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.

OPEN SPACE, PRIVATE

Open space within a development that is contained within individually owned lots and which is designed and intended primarily for the private use of residents or occupants of the lot on which the private open space exists. Private open space does not include areas utilized for streets, alleys, driveways, private roads, off-street parking or loading areas. The area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as private open space.

OUTDOOR DINING AND SEATING AREA

An area where food or beverage are served or consumed outside of the interior of an establishment in which the principal use produces, processes, prepares, sells, or serves food or beverage.

[Ord. No. 5017, 7-7-2021]

OWNER

The property owner of record, according to the County's Register of Deeds.

PARCEL

A continuous area or acreage of land which can be divided or subdivided as provided for in the State of Missouri and by this Chapter. Same as "tract."

PARKS AND RECREATION

A park, playground or community facility, owned by or under the control of a public agency or Property Owners' Association, that provides opportunities for active or passive recreational activities.

PEDESTRIANWAY

A separate right-of-way dedicated to or reserved for public use by pedestrians, which crosses blocks or other tracts of land to facilitate pedestrian access to adjacent streets and properties.

PERSON

Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

PLAT

A map, or chart of a tract of land or a subdivision, or a depiction of any partition of interests in real estate required by State law to be recorded before conveying title to that interest.

PLAT, RECORD

A final plat that contains the approval of the Blue Springs City Council and which is recorded by the Jackson County Department of Records.

PRINCIPAL BUILDING

A building in which a principal use is conducted.

PRINCIPAL USE

The primary use and chief purpose of a lot or structure.

PROPERTY OWNER'S ASSOCIATION (POA) OR HOMEOWNERS' ASSOCIATION (HOA)

An incorporated, non-profit organization operating under recorded land agreements through which each lot owner or homeowner in a planned district or other described land area is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining common property.

PUBLIC SQUARE

A low-speed roadway configuration for areas of significant public use. The public square typically has angled parking on both sides of the roadway.

PUBLIC USE AREAS

Public parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or employment.

PUBLIC UTILITY

Any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, stormwater drainage, garbage or refuse disposal and fire protection to the general public.

RECYCLING

The return of municipal solid waste items, most notably, glass, paper, aluminum, steel, other metals, motor oil, yard waste and plastics, into a usable product.

RIGHT-OF-WAY

The land opened, reserved, or dedicated for a street, sewer, water line, sidewalk, trails, drainage course or other public purpose.

SCOREBOARD

An electrical or mechanical device used to display the score of an athletic event or other information about the event.

SETBACK

The distance that is required by this Development Code to be maintained in an unobstructed state between a structure and the property line of the lot on which the structure is located. (Note: The term "setback" refers to a required minimum area, while the term "yard" refers to the actual open area.)

SHARED WIND GENERATION FACILITY

The use of one (1) wind generation facility by two (2) or more property uses or owners.

SIDEWALK

A structure, including necessary guardrails and steps, placed within the right-of-way of existing streets or connecting buildings, parking lots, public use area, or other facilities having access to the street right-of-way, for the purpose of providing safe pedestrian movement.

SOLAR ENERGY SYSTEM

Any device used to collect solar energy and convert it to any other form of energy, including, without limitation, photovoltaics, flatplate concentrating devices, vacuum tubes and greenhouses. A solar collector does not include standard skylights or windows.

[Ord. No. 4837, 7-1-2019]

SOURCE SEPARATION

Materials that are separated from the municipal solid waste stream at the point of origin for the purpose of recycling. For example, households separating paper, glass and aluminum from the rest of the solid waste.

SPECIAL AMUSEMENT BUILDING

Any temporary or permanent building or portion thereof that is occupied for amusement, entertainment, or educational purposes and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure. A building may become a special amusement building because of a permanent or temporary use contained therein or the addition of a use.

SPECIFIED SEXUAL ACTIVITIES

1. Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;

2. Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or

3. Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

STOREFRONT

A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.

STREET

A right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.

STREET, MARGINAL ACCESS

A local street that is parallel and adjacent to expressway, arterial or collector streets that provides direct access to abutting properties and protection from through traffic.

STREET NETWORK

The following types of streets are described in the Public Works Design and Construction Manual. All streets in the network may be designated as a design type per the Comprehensive Plan (Standard, Activity) or other types based on specific plans to account for the urban design and development patterns that the street function serves provided an exception is granted by the Director of Public Works:

1. ARTERIAL/THOROUGHFARE A street that provides for through traffic movement between and around areas, with restricted access to abutting property and subject to necessary control of entrances, and exits.

2. COLLECTOR/MINOR COLLECTOR A street that provides for traffic movement between arterials and local streets, with direct access to abutting property.

3. COMMERCIAL/INDUSTRIAL Streets that collect traffic to and from commercial or industrial areas and distribute it to arterial and collector streets.

4. RESIDENTIAL LOCAL A street that provides direct access to abutting land and local traffic movement.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this Development Code, the following shall not be considered structural alterations:

1. Attachment of a new exterior where structural supports are not changed;

2. Addition of fire escapes where structural supports are not changed;

3. New windows where lintels and support walls are not materially changed; or

4. Repair or replacement of non-structural members.

STRUCTURES

Anything constructed or erected on the ground or which is attached to something on the ground. Structures include buildings, communication towers, sheds and permanent signs. Excluded are wing walls attached to and extending from the building where use of such wing walls is for decorative or landscaping purposes, and provided said wing walls are not used to support roof structure. Also excluded are sidewalks, pavement, and public improvements such as utility poles, streetlight fixtures and street signs.

SUBDIVISION

1. The partitioning of a parcel or tract of land by an owner or developer into two (2) or more lots or units of any size for the purpose of sale, lease, or development, whether immediate or future;

2. Changes in street lines;

3. Changes in the dedication or platting of streets or utility easements; or

4. Changes in lot lines or unit dimensions for a condominium plat.

SUBGRADE

That portion of a road bed upon which a compacted base course is to be constructed or a road surface placed.

SURETY BOND

A bond approved by the City posted with a surety company to guarantee a developer's performance of subdivision improvements.

SURETY COMPANY

A surety, title, or insurance company approved by the Council to act as surety.

TRACT

A continuous area or acreage of land which can be divided or subdivided as provided for in the State of Missouri and by this Chapter. Same as "parcel."

TRANSPARENCY

Having the property of transmitting light without appreciable scattering so that bodies lying beyond are seen clearly: having a void or material that is able to be seen through. Transparency does not necessarily mean or require glass.

[Ord. No. 4625 § 12, 11-21-2016]

T-ZONE

A geographical cross-section used to identify the level of urban character and intensity of a traditional neighborhood design project.

TERRACE or LIGHT COURT

A frontage wherein the facade is set back from the frontage line by an elevated terrace or sunken light court. The sunken court can potentially access an additional unit below grade. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The terrace is suitable to conversion for outdoor dining.

TURBINE

Part of a wind energy system including the blades and nacelle.

VERTICAL AXIS WIND TURBINES (VAWTS)

The type of wind turbine that has the main rotor shaft arranged vertically.

WIND ENERGY CONSERVATION SYSTEM (WECS)

Any machine designed for the purpose of converting wind energy into electrical energy.

WIND GENERATOR TOWER

Any structure and support thereto designed and constructed primarily for the purpose of supporting one (1) or more antennas intended for transmitting or receiving personal wireless services, telephone and similar and other telecommunications purposes and services including lattice, monopole and guyed towers. The term includes personal wireless service facilities for the provision of commercial mobile services, unlicensed wireless service facilities (telecommunications services using duly authorized devices which do not require individual licenses) and common carrier wireless exchange access services. Also referred to as a "tower." The term does not include radio and television transmission towers, amateur radio transmitting towers and broadcast facilities.

WIND TURBINE GENERATOR

The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy.

WIND TURBINE HEIGHT

The height of a tower structure shall be measured from the grade of the surrounding property adjacent to the surface of the tower base to the top of the tower and does include the height of the blades above the top of tower.

YARD, FRONT

An area that extends from the front setback line or front of the principal structure, whichever is greater, to the front property line and extends between both side lot lines

YARD, SIDE

A setback that is to extend from the street right-of-way line or the front wall of an existing building to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.

YARD, REAR

A setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and the back of an existing building or a line parallel thereto on the lot.

YARD, STREET SIDE OR REAR

A yard that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is adjacent to a street or street right-of-way line, the required depth of which is measured as the minimum horizontal distance between the side or rear lot line and a line parallel thereto on the lot.

YARD WASTE

Grass clippings, leaves, tree and shrub prunings, garden wastes and other yard debris.

[1] Editor's Note: See Ch. 500, Building Code.