[R.O. 2011 §§34-10, 34-71, 34-102; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6248 §1, 2000; Ord. No. 6393 §1, 2002; Ord.
No. 6401 §1(part), 2002; Ord.
No. 6676 §1(part), 2006]
As used in this Chapter, the following terms shall have these
prescribed meanings:
ABUTTING
Having a common border with, or being separated from such
a common border by a right-of-way or easement for a street, alley,
pedestrian way, utilities or storm drainage.
ACCESSORY USE
A building, structure or use which meets all the following
criteria:
1.
It is subordinate to and serves a principal building or a principal
use;
2.
It is subordinate in area, extent or purpose to the principal
building or principal use served;
3.
It contributes to the comfort, convenience or necessity of occupants,
business, industry, or institution in the principal building or principal
use served; and
4.
It is located on the same lot as the principal building use
served.
ADULT BUSINESS
Any business:
1.
That engages in the sale or rental of merchandise of which a
substantial portion is sexually-oriented material. It shall be presumed
that a substantial portion of the merchandise is sexually-oriented
material if any one (1) or more of the following criteria are satisfied:
a.
Twenty-five percent (25%) or more of the floor area of the premises
(not including bathrooms or office space) is used for the storage,
stocking or display of sexually-oriented material at any time; or
b.
Twenty-five percent (25%) or more of the merchandise displayed
at any time (by number of items) consists of sexually-oriented material;
or
c.
Twenty-five percent (25%) or more of the inventory, including
merchandise displayed and merchandise in stock or storage areas, at
any time (by number of items) consists of sexually-oriented material;
or
d.
Twenty-five percent (25%) or more of the value of the inventory,
including merchandise displayed and merchandise in stock or storage
areas, at any time (as measured by retail or rental price) consists
of sexually-oriented material.
2.
To which the public, patrons or members are invited or admitted
and wherein adult entertainment is provided, as a regular and substantial
portion of its business. Such business, includes, but is not limited
to, any adult motion picture theater, adult cabaret, adult theater
or adult entertainment studio, as defined herein.
[Ord. No. 7010 §2, 3-14-2016]
ADULT CABARET
[Ord. No. 7010 §2, 3-14-2016]
|
A.
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A nightclub, bar, restaurant or similar commercial business
establishment which regularly features:
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1.
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Persons who appear nude, in a state of nudity or seminude.
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ADULT ENTERTAINMENT
Any exhibition, performance, display or dance of any type,
including, but not limited to, talking, singing, reading, listening,
serving food or beverages, soliciting the sale of food, beverages
or entertainment, posing, pantomiming, modeling, removal of clothing,
or any service offered on premises where such exhibition, performance,
display or dance is of sexually-oriented material.
ADULT ENTERTAINMENT STUDIO
An establishment whose premises are physically arranged so
as to provide one (1) or more booths, cubicles, stalls, compartments
or rooms accommodating one (1) or more patrons for presenting or viewing
sexually-oriented material. An adult entertainment studio includes,
but is not limited to, establishments known as "rap parlors", "exotic
dance studios", "sensitivity studios", "encounter studios", "peep
shows", "adult video arcades" and "adult mini-motion picture theaters".
ADULT MOTION PICTURE THEATER
An establishment wherein films, motion pictures, movies,
video cassettes, slides, digital video discs or similar photographic
reproduction, video over Internet protocol or other projected images
are regularly, commonly, habitually or consistently shown which present
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
[Ord. No. 7010 §2, 3-14-2016]
ADULT THEATER
[Ord. No. 7010 §2, 3-14-2016]
|
A.
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A theater, concert hall, auditorium or similar commercial establishment
that regularly, commonly, habitually or consistently features:
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1.
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Persons who appear in person in a state of nudity or seminude;
or
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2.
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Live performances which are characterized by the exposure of
specific anatomical areas or by specified sexual activities; or
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3.
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Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; or
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4.
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Persons who engage in erotic dancing or performances that are
intended for the sexual interest or titillation of an audience or
customers.
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ALLEY
A public or private way, at the rear or side of property,
primarily used as a means of secondary vehicular access to abutting
property.
ALTERATION
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the means of egress. This
definition includes an enlargement of a building or structure, whether
by extending a side or by increasing the height. Also, the moving
of a building or structure from one location or position to another
is considered an alteration. (See also "SUBSTANTIAL ADDITION".)
AMUSEMENT CENTER, INDOOR
A business establishment whose principal business is providing
entertainment to customers via the customer's use of mechanical or
electronic game machines or devices and/or table sports. Such machines,
devices and table sports include pinball machines, electronic video
games, virtual reality devices, table tennis, billiards, and other
similar games or sports. However, in no case shall an amusement center
involve wagering or betting activities.
AMUSEMENT CENTER, OUTDOOR
A business establishment whose principal business is providing
entertainment to customers in an outdoor setting. Such uses include
miniature golf, batting practice cages, and similar outdoor amusement
facilities, but not including go-cart or other motorized vehicle tracks.
APPROVED
Approved by the Zoning Administrator or other authority having
jurisdiction.
AWNING (SEE ALSO CANOPY)
A fixed or retractable roof-like cover that serves to shield
a doorway or window from the elements, and which projects from and
is supported by the wall of a building.
BANK OR OTHER FINANCIAL INSTITUTION
An institution that trades in money; an establishment for
the deposit, custody and issuance of money, and also for making loans
and discounts, and facilitating the transmission of remittances from
one place to another. Credit unions and savings and loans shall also
be considered a bank or other financial institution; but check-cashing
establishments, pawnshops, short-term loan establishments and title
lenders shall not.
BARS AND TAVERNS
A business establishment where beer, wine, or other alcoholic
beverages are sold to customers and consumed on the premises and where
food or meals sold in conjunction with the business constitutes fifty
percent (50%) or less of the gross receipts of the establishment.
BED AND BREAKFAST FACILITY
A single-family dwelling, a portion of which is used for
temporary guest accommodations for a fee and where the owner of the
dwelling to whom an occupancy permit has been issued maintains the
bed and breakfast facility as her/his permanent residence.
BEDROOM
Any room, within a dwelling unit, used principally for sleeping
purposes, including rooms used as an all-purpose room, a study or
a den.
BILLBOARD
See "SIGN, OFF-PREMISES ADVERTISING".
BLOCK FRONTAGE
All the property abutting on one (1) side of a street between
two (2) intersecting streets or, if the street be a dead-end, then
all property abutting on one (1) side between an intersecting street
and the dead-end of the street. In the case of dead-end streets less
than two hundred fifty (250) feet in length, both sides of the street
shall be considered to be in the same block frontage.
BLOOD BANK
A use which includes the collection of blood, blood components,
other bodily fluids, or body parts from individuals other than samples
of blood or blood components which are taken in a physician's office,
substance abuse treatment centers, or medical laboratory for diagnostic
purposes only.
BUFFER AREA (SEE ALSO "SCREENING")
An area of land established to protect one type of land use
from another incompatible, or potentially incompatible, land use.
The area is landscaped or left in a natural state and kept in open
space use.
BUILDING
A structure used or intended for shelter.
BUILDING COVERAGE
That percentage of a lot covered by a structure or structures
or any part thereof, excluding roof eaves (e.g., building "footprint").
BUILDING FRONTAGE
The horizontal length of that portion of a building which
faces a right-of-way or which faces a parking lot containing no less
than twenty (20) parking spaces and serving the building.
BUILDING HEIGHT
The vertical distance measured from the curb or its equivalent
established grade at a point midway between the two (2) side lot lines
to the highest point of a parapet wall, a flat roof, or mansard roof;
and to the mean height level between eaves and ridge of a gable, hip
or gambrel roof; provided that where a building is set back from the
street right-of-way line, the height of the building may be measured
from the average elevation of the finished lot grade at the front
of the building.
BUILDING PERMIT
A permit issued by the Building Commissioner authorizing
specific construction or building activities.
BUILDING SETBACK
The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the applicable property line or right-of-way line, in which no structure can be placed or erected, unless otherwise provided for in this Chapter. See Article
V for exceptions to setback requirements.
BULLETIN BOARD
A sign on which copy is changed either manually or automatically
(electronically), posting information pertinent to the business or
establishment on the premises.
CANOPY (SEE ALSO "MARQUEE")
A fixed or retractable semi-permanent roof-like cover, comprised
of a skeletal structure covered by fabric or plastic material, that
serves to shield a doorway or window from the elements, and which
projects from the wall of a building, is attached to the building
at the inner end and is supported by posts, columns or stanchions
at the outer end. A canopy is not a marquee.
CAR WASH
A structure or portion thereof containing facilities for
washing motor vehicles, such as a chain conveyor, blower, pressurized
cleaning device or other mechanical device, including self-service
cleaning facilities.
CHECK-CASHING ESTABLISHMENT
A business establishment engaged in check-cashing operations
for a fee, as a primary or substantial element of its business and
which is not licensed by the appropriate State or Federal agency as
a banking or savings and loan facility. It shall not be considered
an office within the meaning in this Chapter.
COMMERCIAL EQUIPMENT
Construction equipment, material handling equipment and the
like, and trailers for transporting such equipment whether occupied
by such equipment or not.
COMMERCIAL MOTOR VEHICLE
Any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a
business, institution or a principal product or service or a business;
or any motor vehicle used primarily for the transportation of persons
for a fee or charge such as buses or taxicabs.
COMMERCIAL USE
An occupation, employment, or enterprise that is carried
on for a profit by the owner, lessee, or licensee, but not including
home occupations and day care homes that comply with the provisions
of this Chapter.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from, and sell marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones") to a medical facility, comprehensive
facility, or marijuana testing facility. A comprehensive marijuana
cultivation facility need not segregate or account for its marijuana
products as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of prerolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 7218, 2-27-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient or primary caregiver, as those terms are defined in Section 1 of Article
XIV of the Missouri Constitution, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of Article
XIV and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article
XIV and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 7218, 2-27-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a medical
facility, comprehensive facility, or marijuana testing facility, and
sell marijuana-infused products, prerolls, and infused prerolls to
a marijuana dispensary facility, a marijuana testing facility, or
another marijuana-infused products manufacturing facility. A comprehensive
marijuana-infused products manufacturing facility need not segregate
or account for its marijuana products as either non-medical marijuana
or medical marijuana.
[Ord. No. 7218, 2-27-2023]
CONVALESCENT HOME
Any premises, other than a nursing home, hospital or residential
substance abuse treatment center, which provides twenty-four (24)
hour care, accommodation and board in order to aid individuals in
the gradual recovery of health and strength after illness or weakness,
including a "Residential Care Facility I" or a "Residential Care Facility
II" as defined by Chapter 198, RSMo.
CONVENIENCE STORE
A retail establishment, not exceeding three thousand five
hundred (3,500) square feet in gross floor area, offering for sale
prepackaged food products, household items, and other convenience
goods.
COUNCIL
The City Council of the City of University City.
DAY CARE CENTER
A facility providing for the care of five (5) or more persons
away from their own homes for part of the twenty-four (24) hour day.
The terms "nursery school" or a "day care
nursery" shall be considered synonymous with day care center.
DAY CARE HOME
A single-family dwelling unit in which family-like care is
provided for four (4) persons or less, away from their own homes,
for compensation or otherwise, for part of a twenty-four (24) hour
day.
DEVELOPMENT
All structures and other modifications of the natural landscape,
above and below ground, on a particular site, including, but not limited
to, grading, removal of trees, paving, installation of utilities,
or the erection of structures.
DEVELOPMENT, PLANNED
Land under unified control to be planned and developed in
a single development operation or a programmed series of development
operations or phases. A planned development includes principal and
accessory structures and uses strongly related to the character and
purposes of the planned development. A planned development is built
according to general and detailed plans for streets, utilities, lot
and building location, landscaping, and the like. A planned development
containing multiple lots and common areas includes provisions for
the operation and maintenance of common areas, facilities, and improvements
that are for use by the occupants of such planned development, but
which will not be provided, operated, or maintained at public expense.
A planned development may include development of a single parcel of
land without common areas as previously described.
DEVELOPMENT STANDARDS
Standards established in the regulations of this Chapter
which control the physical and/or operational characteristics of any
permitted, conditional or accessory use.
DORMITORY
Any premises providing group sleeping or living accommodations
for four (4) or more unrelated persons associated with an institution.
DRIVE-THROUGH FACILITY
Any portion of a principal building, separate accessory structure,
and/or an area of a lot, from which business is transacted, or is
capable of being transacted, directly with customers while they remain
in their motor vehicle. The terms "drive-up" and "drive-in" or similar terminology shall be considered synonymous
with drive-through.
DWELLING
A building, or portion thereof, used exclusively for residential
purposes, except for hotels, motels, house trailers or major recreational
equipment.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING UNIT
One (1) or more rooms located within a dwelling, forming
a habitable unit designed for one (1) family.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING, ATTACHED SINGLE-FAMILY
Two (2) attached dwelling units sharing common wall(s), with
each unit on its own individual lot of record.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING, ELEVATOR-TYPE
A type of multi-storied, multiple-family dwelling of more
than three (3) stories in height or containing more than twelve (12)
dwelling units with primary access to each floor, above the first
floor, provided by means of an elevator.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING, GARDEN-TYPE
A type of two- or three-story multiple-family dwelling containing
not more than twelve (12) dwelling units with common access to all
units typically provided by open or enclosed stairways and hallways.
Access to the second and third floors may be provided by means of
an elevator.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING, MULTIPLE-FAMILY
A building, or portion thereof, designed for occupancy by
three (3) or more families living independently of each other. This
definition does not include "attached single-family" dwellings.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING, TOWN-HOUSE
A type of multiple-family dwelling containing three (3) to
eight (8) contiguous dwelling units, which are separated by common
wall(s), extending from basement to roof without openings, and where
each dwelling unit may or may not be located on its own individual
lot of record.
[Ord. No. 7041 § 2, 6-12-2017]
DWELLING, TWO-FAMILY
A dwelling containing two (2) attached dwelling units, both
on a single lot of record.
[Ord. No. 7041 § 2, 6-12-2017]
ERECT
To build, construct, install, attach, hang, place, inscribe,
suspend, affix, paint or repaint.
FAMILY
An individual or married couple and/or the children thereof.
FENCE, SIGHT-PROOF
A solid fence that effectively conceals the activities conducted
behind it from the view of adjacent properties, streets, or alleys.
[Ord. No. 7003 §1, 12-14-2015]
FLOOR AREA, GROSS
The sum of the area of horizontal surfaces of all floors
of a building, measured from the exterior faces of exterior walls
and includes all corridors, lobbies, elevators, stairs, and toilet
rooms. Areas devoted to off-street parking or loading, or to building
mechanical rooms, shall not be included in the computation of gross
floor area.
FLOOR AREA RATIO (F.A.R.)
The gross floor area of a building or multiple buildings
on a zoning lot divided by the total area of such zoning lot.
FOOD AND BEVERAGE ESTABLISHMENT
A business establishment that sells prepared food or beverages
where the customers consume food or beverages within the building
or at accessory outdoor dining areas, including, but not limited to,
restaurants, bars and taverns, and specialty food stores.
[Ord. No. 6971 §1, 11-10-2014]
FRATERNITY OR SORORITY HOUSE
A dwelling occupied by members of a fraternity or sorority.
A fraternity or sorority is an organization of a group of individuals
with a common purpose under a constitution, bylaws or other rules
adopted by them, and recognized by an accredited school. This definition
does not include any organization formed by the owner or lessor of
real estate for the purpose, among others, of operating a dormitory,
lodging or rooming house.
GARAGE OR CARPORT
A detached accessory building or a structure attached to
a dwelling unit, designed, arranged, used or intended to be used for
the storage of motor vehicles of the occupants of the premises, but
not including parking structures.
GASOLINE STATION
A building and premises where the primary use is the retail
sale and dispensing of gasoline, diesel fuel, lubricants, coolant,
compressed air, and other vehicle fluids, but not including vehicle
repair or service facilities, or sale of motor vehicles.
GROUND LEVEL
The elevation of the centerline of the adjacent right-of-way
at the point closest to the sign.
GROUP HOME FOR THE DISABLED
A dwelling unit where a group of unrelated mentally or physically
disabled persons reside and which such group does not fall within
the definition of "family".
GROUP HOME FOR THE DISABLED, SMALL
A dwelling unit where eight (8) or fewer unrelated mentally
or physically disabled persons reside, plus not more than two (2)
additional persons serving as house parents or guardians who need
not be related to each other or to any of the mentally or physically
disabled persons residing in the dwelling.
GYMNASIUM
A building or portion thereof equipped for gymnastics and
sports activities such as basketball and volleyball.
HABITABLE SPACE (ALSO SEE "OCCUPIABLE SPACE")
Space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces and similar areas are not considered habitable spaces.
HISTORIC DISTRICT
An area within defined geographical boundaries containing
buildings, structures, humanly created objects, or environmental features
which collectively constitute an area which possesses historical value
by the criteria established herein for an historic landmark, and which
is designated as an historic district by ordinance by the City Council.
HISTORIC LANDMARK
A structure, building, humanly created object or environmental
feature which possesses historic value by reason of age or association
with important figures or events; or evidences aspects of the history
of University City, the State of Missouri, or the United States; or
embodies the distinctive characteristics of a type, period or method
of construction; or represents the work of an historically notable
architect, designer or craftsperson; and which is designated as an
historic landmark by ordinance by the City Council.
HOME FOR THE DISABLED, LARGE
A dwelling unit where more than eight (8) unrelated mentally
or physically disabled persons reside, plus additional persons serving
as house parents or guardians who need not be related to each other
or to any of the mentally or physically disabled persons residing
in the dwelling.
HOME OCCUPATION
An occupation, profession or other business activity (for profit or not-for-profit) that is clearly incidental to and a secondary use of a dwelling unit, and which does not alter the exterior of the dwelling unit. (See Article
V "Supplementary Regulations", Division 8.)
HOSPITAL
Any premises, other than a nursing home, convalescent home
or substance abuse treatment center, devoted primarily to the diagnosis,
treatment and overnight nursing or medical care of individuals.
HOTEL
A building or group of buildings containing rooms which are
intended, used or designed to be rented or let out for compensation
to tourist or other transients.
INSTITUTIONAL USE
A non-profit or quasi-public use or institution such as a
place of worship, library, public or private school, hospital, or
a building, structure or land owned or operated by a governmental
agency and used for a public purpose.
LOT (SEE ALSO "LOT OF RECORD" AND "LOT, ZONING")
A parcel of land which has been or which is proposed to be
used, developed, or built upon as a unit under single ownership. This
definition shall be synonymous with the terms premises, parcel, site,
or tract when used in the appropriate context.
LOT, CORNER
A lot abutting on and at the intersection of two (2) or more
streets. For establishing building setbacks, a corner lot is considered
to have two (2) or more front yards.
LOT DEPTH
The horizontal distance from the midpoint of the front lot
line to the midpoint of the rear lot line, or to the most distant
point on any other lot line where there is no rear lot line.
LOT, FLAG
A lot with access provided to the bulk of the lot by a narrow
corridor of property.
LOT, INTERIOR
A lot which abuts other lots on all sides (and rear), except
for the lot line dividing the lot from a single abutting street.
LOT LINE, FRONT (SEE ALSO "YARD, FRONT")
On an interior lot, the lot line abutting a street right-of-way;
or, on a corner lot, each lot line abutting a street right-of-way;
or, on a through lot, the lot line abutting the street right-of-way
providing the primary access to the lot; or, on a flag lot, the interior
lot line most parallel to and nearest the street right-of-way providing
access.
LOT LINE, REAR (SEE ALSO "YARD, REAR")
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three (3) lot lines will not have a rear lot line.
LOT OF RECORD
A lot which is part of a subdivision or a parcel of land
whose boundaries have been established by some legal instrument, and
is shown on a map or plat thereof, which has been legally established
and recorded in the office of the Recorder of Deeds of St. Louis County.
LOT, THROUGH
A lot having its front and rear yards each abutting on a
street (also known as "double frontage" lot).
LOT WIDTH
The horizontal distance between side lot lines, measured
along the required front building setback line.
LOT, ZONING
A parcel of land consisting of a single lot of record, part
of a lot of record, or a combination of two (2) or more contiguous
lots of record which has been or which is proposed to be used, developed
or built upon as a unit under single ownership or control.
MAINTAIN
To permit a sign, sign structure, or any part of each to
continue, or to repair or refurbish a sign, sign structure, or any
part of each.
MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana, including those originally
certified as a medical marijuana testing facility.
[Ord. No. 7218, 2-27-2023]
MARQUEE (SEE ALSO "CANOPY")
A permanent roof-like structure projecting beyond a building,
or extending along and projecting beyond the wall of the building,
that serves to shield a building entrance from the elements.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from, and sell marijuana, marijuana seeds, and marijuana vegetative
cuttings (also known as "clones") to a medical marijuana dispensary
facility, medical marijuana testing facility, medical marijuana cultivation
facility, or to a medical marijuana-infused products manufacturing
facility. A medical marijuana cultivation facility's authority to
process marijuana shall include the production and sale of prerolls,
but shall not include the manufacture of marijuana-infused products.
[Ord. No. 7102, 5-28-2019; Ord. No. 7218, 2-27-2023]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones"), marijuana-infused products, and
drug paraphernalia used to administer marijuana as provided for in
this Section to a qualifying patient, a primary caregiver, anywhere
on the licensed property or to any address as directed by the patient
or primary caregiver, so long as the address is a location allowing
for the legal possession of marijuana, another medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or a medical marijuana-infused products manufacturing facility.
Dispensary facilities may receive transaction orders at the dispensary
in person, by phone, or via the internet, including from a third party.
A medical marijuana dispensary facility's authority to process marijuana
shall include the production and sale of prerolls, but shall not include
the manufacture of marijuana-infused products.
[Ord. No. 7102, 5-28-2019; Ord. No. 7218, 2-27-2023]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, manufacture, transport
to or from, and sell marijuana-infused products to a medical marijuana
dispensary facility, a marijuana testing facility, a medical marijuana
cultivation facility, or to another medical marijuana-infused products
manufacturing facility.
[Ord. No. 7102, 5-28-2019; Ord. No. 7218, 2-27-2023]
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a consumer, qualifying patient, as that term is defined in Section 1 of this Article
XIV of Missouri Constitution, or primary caregiver, as that term is defined in Section 1, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of Article
XIV and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 7218, 2-27-2023]
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, manufacture,
transport to or from, deliver, and sell marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as "clones"), and marijuana-infused
products to a microbusiness dispensary facility, other microbusiness
wholesale facility, or marijuana testing facility. A microbusiness
wholesale facility may cultivate up to two hundred fifty (250) flowering
marijuana plants at any given time. A microbusiness wholesale facility's
authority to process marijuana shall include the creation of prerolls
and infused prerolls.
[Ord. No. 7218, 2-27-2023]
MINOR MOTOR VEHICLE REPAIRS
Minor repairs and services to motor vehicles including minor
tune-ups, changing flat tires, replacing batteries, fuses and lights,
replacing hoses, replacing filters, installing minor accessories,
adding or replacing lubricants, coolant, refrigerant, or other fluids.
MOBILE HOME
A self-contained structure designed or intended to be used
for dwelling purposes which has been, or reasonably may be equipped
with wheels or other devices for transporting such structure, in whole
or in its several parts.
MOTOR VEHICLE ORIENTED BUSINESS ("MVOB")
Any commercial use which, by design, type of operation, and
nature of business, has as one (1) of its functions the provision
of goods, merchandise or services to motorists or occupants of motor
vehicles in a short period of time span for each, or the provision
of goods, merchandise or services while patrons remain in their vehicle.
The list of businesses which constitute motor vehicle oriented businesses
include convenience stores having a gross floor area of more than
one thousand (1,000) square feet, gasoline stations, drive-in banks,
drive-in or drive-through restaurants, drive-in beverage sales, and
car wash operations which are not accessory to a permitted use. This
enumeration is not intended to serve as an inclusive list of such
MVOB businesses.
NAMEPLATE
A non-electrical sign identifying only the name and occupation
or profession of the occupant of the premises on which the sign is
located.
NET ACREAGE
The gross acreage of a parcel of land less all land dedicated
(or to be dedicated) to street rights-of-way or easements for access
or road purposes. In the case of private streets, the equivalent of
public rights-of-way for these private streets shall be deducted from
the gross acreage. In the event that there is a question regarding
the width and length of such equivalent rights-of-way, the Zoning
Administrator shall render a determination.
NUDITY STATE OF NUDITY
Ord. No. 7010 §2, 3-14-2016
|
A.
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The appearance of any portion of the human bare buttock, anus,
anal cleft or cleavage, pubic area, male genitals, female genitals
or vulva with less than a fully opaque covering.
|
|
B.
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The showing of any portion of the female breast or breasts with
less than a fully opaque covering of any part of the areola or nipple.
|
|
C.
|
Human male genitals in a discernibly turgid state even if completely
and opaquely covered.
|
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D.
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Body paint, body dyes, tattoos, liquid latex, whether wet or
dried, and other similar substances shall not be considered an opaque
covering.
|
NURSING HOME
Any premises, other than a hospital or residential substance
abuse treatment center, which provides twenty-four (24) hour personal
and health care, accommodation and board to individuals under the
daily supervision of a licensed nurse and the supervision of a licensed
physician, including "Residential Care Facilities I and II", and "Intermediate
Care Facility" or a "Skilled Nursing Facility" as defined by Chapter
198, RSMo.
OCCUPIABLE SPACE
A room or enclosed space designed for human occupancy in
which individuals congregate for amusement, educational or similar
purposes, or in which occupants are engaged at labor; and which is
equipped with means of egress and light and ventilation facilities
meeting the University City Building Code.
OFFICE
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical services.
OFFICE, MEDICAL OR DENTAL
A facility for the practice of medicine or dentistry for
humans, including accessory diagnostic facilities/equipment, but not
including in-patient (overnight) care, surgery clinics or substance
abuse treatment centers.
OPEN SPACE
An area that provides light and air, and is designed for
buffering one land use from another; or for environmental, scenic,
or recreational purposes. Open space may include, but is not limited
to, lawns, decorative planting, walkways, active and passive recreation
areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses.
Open space shall not include driveways, parking lots, or other surfaces
designed or intended for vehicular travel.
OPEN SPACE, COMMON
Natural or landscaped open space within or related to a development,
not in individually owned lots, designed and intended for the common
use or enjoyment of the residents of the development. Common open
space is intended to be synonymous with common ground, common land,
and common area when used in the appropriate context.
OUTDOOR DINING
Use of an adjacent, outside area by a food and beverage establishment
for the same eating and drinking activities that occur within the
establishment. Outdoor dining may be located in a public right-of-way
or on private property, subject to the approval of an outdoor dining
permit.
[Ord. No. 6971 §1, 11-10-2014]
OUTDOOR DINING PERMIT
A permit issued to allow outdoor dining. No person shall operate outdoor dining without receipt or renewal of an annual outdoor dining permit, as required under Chapter
605, Article
I.
[Ord. No. 6971 §1, 11-10-2014]
PAINTED GRAPHICS
Any mosaic, mural, painting, graphic art technique, or combination
thereof placed on a wall and containing no copy, advertising symbols,
lettering, trademarks or other references to the premises or to the
products and/or service offered for sale on the premises.
PARKING SPACE, OFF-STREET
An area on a lot and/or within a parking structure intended
for the use of temporary parking of a motor vehicle. To be considered
a parking space, each parking space must have direct access to a motor
vehicle circulation aisle or street. Tandem parking stalls in single-family
detached, single-family attached, and two-family dwelling developments
shall be considered to have a means of access to a street so long
as no vehicle is parked partially or fully within a street right-of-way.
PARKING STRUCTURE
A building for the storage or parking of four (4) or more
vehicles, limited exclusively to passenger vehicles that will accommodate
not more than nine (9) passengers.
PASSENGER VEHICLE, PRIVATE
1.
Any motor vehicle or motorcycle, other than a commercial vehicle,
which does not exceed six and one-half (6½) feet in height
(including accessories) and is licensed as a passenger vehicle or
motorcycle; or
2.
A van or pickup truck, other than a commercial vehicle, which
does not exceed six and one-half (6½) feet in height (including
accessories) or two hundred sixteen (216) inches in length, has no
more than four (4) wheels, and has a gross vehicle weight rating of
six thousand (6,000) pounds or less according to the ratings published
by the manufacturer. Any pickup truck that has been modified by the
addition of side boards or side racks shall not be classified as a
private passenger vehicle.
PAWNBROKER
Any person licensed as a pawnbroker pursuant to Sections
605.1290 et seq. of the University City Municipal Code.
PAWNSHOP
The location at which, or premises in which, a pawnbroker
regularly conducts business.
PERFORMANCE STANDARDS
A set of criteria established to control noise, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, and glare
and heat generated by or inherent in the use of land or buildings.
PERSON
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. It shall
also include an executor, administrator, trustee, receiver, or other
representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine as to partnership or association, the word shall
include the partners or members thereof, and, as to corporation, it
shall include the officer, agents or members thereof who are responsible
for any violation of such Section.
PORCH
A roofed open area, which may be glazed or screened, usually
attached to or a part of a building.
PROPERTY LINE
A line which divides one lot, parcel, or tract of land from
another and as distinguished from a right-of-way line associated with
a public or private street.
RECREATION FACILITIES, COMMERCIAL OR HEALTH CLUB
Commercial recreation facilities, operated as a business
enterprise, offering sport and fitness activities such as tennis,
racquetball, swimming, and physical exercise. Such facilities are
typically more comprehensive in scope than "common" recreation facilities,
defined in this Article, and may include accessory uses such as locker
rooms, pro shops, snack bars, exercise rooms and equipment, massage
therapy, and similar facilities and services. They are commonly established
as "health clubs", with membership coming from a larger trade area
as opposed to a single subdivision or apartment/condominium complex.
RECREATION FACILITIES, COMMON
Private, non-commercial recreation facilities established
for use by residents, and their guests, of a subdivision, condominium,
or apartment complex. Examples of such facilities include clubhouses,
swimming pools, exercise rooms, tennis or other racquet sport courts.
RECREATIONAL EQUIPMENT, MAJOR
Any recreational vehicle or equipment, other than commercial
vehicles or equipment, used or designed to be used for camping, travel,
or hauling purposes, including, but not limited to, a motor home,
camping trailer, travel trailer, tent trailer, boat trailer, boat,
camper body for mounting on a truck, or a container or trailer for
storing or transporting camping, travel, recreational, or other equipment,
whether occupied by such equipment or not. All vehicles not falling
under the definition of private passenger vehicle or commercial vehicle
shall be considered major recreational equipment.
RECYCLING CENTER
A facility, that is not a junkyard, and in which recoverable
resources, such as paper, glassware, and metal cans, are received,
stored, flattened, crushed, or bundled within a completely enclosed
building.
RESALE/THRIFT SHOP
Any retail business where over fifty percent (50%) of the
revenue is derived from the sale of previously owned items, including,
but not limited to, clothes, appliances, furniture, electronic equipment,
sports equipment, jewelry, cameras, tools, and household items (however,
a facility for the resale of written, printed or audio reproduction
items shall not be considered resale/thrift under the meaning of this
definition, but rather shall be considered a retail use).
RESTAURANT
A business establishment whose principal business is the
selling of prepared food to customers in a ready-to-consume state,
on non-disposable dinnerware, and where the customers consume this
food while seated at tables or counters located within the building
or at supplemental outdoor dining areas. In order for such an establishment
to be considered a restaurant and not a bar or tavern, not less than
fifty percent (50%) of its gross sales shall be for serving food and
non-alcoholic beverages.
RESTAURANT, FAST-FOOD
A business establishment whose principal business is the
sale of food in ready-to-consume individual servings, for consumption
either within the restaurant building or carry-out, and where either:
1.
Food, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers and
where customers are not normally served their food, frozen desserts
or beverages by a restaurant employee at the same table or counter
where the items are consumed; or
2.
The establishment includes a drive-through service facility
or offers curb service.
RIGHT-OF-WAY
A linear shaped area of land designated to serve as a public
or private thoroughfare which affords primary access to abutting lots.
A right-of-way may be designated as a street, highway, thoroughfare,
parkway, boulevard, avenue, road, place, court, or similarly designated.
The limits of a right-of-way are defined by lines which are legally
described and recorded and/or designated on a legally recorded plat,
or indicated on official drawings of the public entity having jurisdiction
over such right-of-way. Right-of-way lines serve as a reference line
in which certain setback requirements of this Chapter are measured
from. For purposes of this Chapter, the term right-of-way shall not
include alleys, pedestrian ways or the right-of-way line associated
with Interstate 170.
SCREENING (SEE ALSO "BUFFER AREA")
The method by which a view of one (1) lot (or building thereon)
is shielded, concealed, or is visually minimized from an adjacent
property or street. Screening techniques include landscaping, fences,
walls, berms, or architectural features (e.g., screening of building
mechanical equipment).
SEMINUDE
A state of dress in which opaque clothing fails to cover
the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple
and areola of the female breast below a horizontal line across the
top of the areola at its highest point. Seminudity shall include the
entire lower portion of the female breast, but shall not include any
portion of the cleavage of the human female breast exhibited by wearing
apparel provided the areola is not exposed in whole or part. For this
Section body paint, body dyes, tattoos, liquid latex, whether wet
or dried, and other similar substances shall not be considered an
opaque covering.
[Ord. No. 7010 §2, 3-14-2016]
SETBACK (SEE ALSO "BUILDING SETBACK")
The required minimum horizontal distance between a building,
structure, sign, or other use (e.g., off-street parking lot) and the
applicable property line or right-of-way line, in which no structure
can be placed or erected, unless otherwise provided for in this Chapter.
SEXUALLY-ORIENTED MATERIAL
Any performance, exhibition, book, magazine, newspaper, other
printed or written matter, picture, drawing, photograph, motion picture,
video, pictorial representation, statue, figure or other three-dimensional
object, recording, transcription, computer program or anything which
is or may be used as a means of communication that depicts, describes,
or portrays human sexual intercourse, sodomy, bestiality, oral copulation,
masturbation, urinary and defecatory functions, sadism, masochism,
sadomasochistic abuse, or exhibition of the genitals; or any touching
of the genitals, pubic areas, or buttocks of the human male or female,
whether alone, or between members of the same or opposite sex, or
between humans and animals, in an act of apparent sexual stimulation
or gratification.
SHORT-TERM LOAN ESTABLISHMENT
A business establishment, other than a pawnbroker, engaged
in providing short-term loans to the public as a primary or substantial
element of its business and which is not licensed by the appropriate
State or Federal agency as a banking or savings and loan facility.
It includes, but is not limited to, establishments registered with
the Director of the Division of Finance pursuant to Section 408.500,
RSMo. It shall not be considered an office within the meaning in this
Chapter.
SIGN
Any display, name, identification, description, illustration,
device, building or building treatment which is visible to the public
and which directs attention to a product, place, activity, person,
service, institution, profession, business or solicitation.
SIGN, CONSTRUCTION
A temporary on-premises sign used during construction of new buildings or substantial additions to buildings, which denotes a project name and/or identifies the architects, engineers, developers, contractors and the like. See Article
II for the definition of "substantial addition".
SIGN, DIRECTIONAL
A sign which is designed and erected solely for the purpose
of traffic or pedestrian direction and placed on the property to which
or on which the public is directed.
SIGN, DIRECTORY
A sign listing the name, and/or use, and/or location of the
various businesses or activities conducted within a building or group
of buildings.
SIGN, FLASHING
A sign which contains an intermittent flashing light source
or which includes the illusion of intermittent or flashing light by
means of animation or an externally mounted intermittent light source;
any sign in which any part of the light source varies in intensity
and/or hue and flashes or appears to flash or turn on and off; or
a sign in which a message constantly flashes or turns on and off,
or alternates with other copy by means of rotating or otherwise moving
portions of the sign.
SIGN, FREESTANDING (POLE AND MONUMENT SIGNS)
A pole sign, not attached to a building, and supported wholly
by uprights, braces, or posts; or a monument sign, not attached to
a building, whereby the majority or the entirety of the base of the
sign is attached directly to the ground, or attached to an elevated
landscape planter box or structure not exceeding three (3) feet in
height.
SIGN, IDENTIFICATION
A sign pertaining only to the use of the premises on which
the sign is located and containing any of the following information,
unless otherwise prohibited:
1.
The name of the owner, occupant, management, business, or building;
3.
The type of business, profession, service or activity; and
4.
The type of products offered.
SIGN, INCIDENTAL
A sign pertaining to a major service, commodity, or facility
offered on the premises and is incidental to and subordinate to primary
signs listed in this Article.
SIGN, MARQUEE
A sign attached to, in any manner, or made part of a marquee.
SIGN, OBSOLETE
A sign which no longer correctly directs or exhorts any person,
advertises a bona fide business, lessor, owner, product, or activity
conducted or product available on the premises where such sign is
displayed.
SIGN, OFF-PREMISES ADVERTISING
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform the traveling public of an establishment,
products, services, entertainment, or other information which is not
sold, produced, or furnished upon the property in which the sign is
located.
SIGN, OPEN LETTER
A wall sign consisting of individual or connected lettering
not mounted on any type of background other than a building or the
surface of an integral architectural element which is a part of a
building. The surface which forms the background for the letters shall
not be illuminated from behind.
SIGN, PAPER
A temporary sign made of paper, cardboard or similar material.
SIGN, PARKING REGULATION
A sign stating the regulations for use of a parking lot or
individual or groups of parking spaces therein.
SIGN, PORTABLE
A sign that is not permanently affixed to the ground, a building,
or other structure and that is designed to be used by resting upon
the ground for support and may be easily transported, including but
not limited to A-frame or sandwich board signs.
[Ord. No. 6972 §1, 11-10-2014
SIGN, PUBLIC SERVICE MESSAGE
An electronic or electrically controlled public service message
sign which conveys only information such as time, date, temperature,
atmospheric conditions, or general news information where different
alternating copy changes are shown on the same lamp bank matrix without
giving the appearance of directional movement.
SIGN, ROOF
A sign erected on or above a roof, parapet, or roof eave,
when installed in a manner such that the sign or any portion thereof
extends beyond the limits of the visible surface of the roof or wall
when viewed from normal eye level from the centerline of the adjacent
public right-of-way.
SIGN, TEMPORARY
A sign which is not illuminated and is not permanently installed
or affixed to any sign, structure or building.
SIGN, WALL
Any sign attached and parallel to a wall or similar architectural
element which is an integral part of a building. For signs located
within the "CC" Core Commercial District, a "wall sign" shall also mean any sign attached and perpendicular to a wall or
similar architectural element which is an integral part of a building.
SIGN, WINDOW
Any sign painted on, attached to or displayed in a window
so as to direct attention of persons outside the building to a product
or activity of the institution or business on the premises.
SPECIFIED ANATOMICAL AREAS
[Ord. No. 7010 §2, 3-14-2016]
|
A.
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Less than completely and opaquely covered human genitals, pubic
region or pubic hair, buttocks or a female breast or breasts below
a point immediately above the top of the areola.
|
|
B.
|
Human male genitals in a discernibly turgid state, even if fully
and opaquely covered.
|
SPECIFIED SEXUAL ACTIVITIES
[Ord. No. 7010 §2, 3-14-2016]
|
A.
|
Includes the following:
|
|
|
1.
|
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered;
or
|
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|
2.
|
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy; or
|
|
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3.
|
Masturbation, actual or simulated; or
|
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4.
|
Excretory functions as part of or in connection with any of
the activities set forth in Subsections (1) through (3) above.
|
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
STREET FRONTAGE
The length of the property line of any one (1) premises along
each public right-of-way it borders and to which direct vehicular
access is provided.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground, or attached to something having or requiring a fixed location
on the ground.
SUBSTANTIAL ADDITION
An increase of twenty-five percent (25%) or more in the gross
floor area of any building.
SUBSTANCE ABUSE TREATMENT CENTER
Any premises, other than a convalescent home, nursing home,
hospital or office, providing treatment and rehabilitation for alcoholism,
drug abuse or both.
TATTOO PARLOR
A business which offers the service of the application of
tattoos to patrons.
TEMPORARY PROMOTIONAL DISPLAY
A temporary sign or signs displayed so as to attract attention
to the sale of merchandise or services, or a change in policy or in
the status of a business.
TERRACE
A level, landscaped and/or surfaced area at or above grade
level, not covered by a permanent roof, and usually directly adjacent
to a principal building.
TITLE LENDER
An establishment, other than a pawnbroker, engaged in the
business of making title loans, including, but not limited to, establishments
qualified to do so pursuant to Sections 367.500 to 367.530, RSMo.
It shall not be considered an office within the meaning in this Chapter.
USE
The purpose or activity for which land or a building thereon
is designed, arranged or intended or for which it is maintained, and
shall include any manner or performance of such activity with respect
to the performance requirements of this Chapter.
USE CERTIFICATE
A permit issued by the Zoning Administrator prior to occupancy
of any non-residential structure.
VEHICLE REPAIR FACILITY
A building designed and used for the repair or refinishing
of automobiles and light trucks, including both minor and major mechanical
overhauling or replacement, painting, and body work. Major repairs
may include the removal and installation of engines, radiators, transmissions,
differentials, fenders, doors, bumpers or other major body or mechanical
parts; but not including tire recapping or vulcanizing, outdoor storage
of wrecked or otherwise damaged and immobilized vehicles, or the sale
of motor vehicles.
VEHICLE SERVICE FACILITY
A building designed and used for performing minor repairs
or maintenance services on automobiles and trucks. Such minor repairs
and services include tune-ups, changing flat tires, repairing electrical
systems, replacing hoses, replacing filters, installing minor accessories,
adding or replacing lubricants, coolant, refrigerant, or other vehicle
fluids; the sale of parts and supplies associated with such services;
but not including the sale of motor vehicles.
WALL, EXTERIOR
A wall fully exposed to the outside air which forms the perimeter
of a building or structure. Where a building or structure is not wholly
surrounded by exterior walls, then the exterior wall shall be considered
as the vertical projection between the edge of the roof above and
the floor of ground area below.
WAREHOUSE, SELF-SERVICE STORAGE
A building or group of buildings with controlled access that
contains individual, compartmentalized, and controlled access stalls
or lockers for the storage of customer's goods or wares.
YARD
An open space on the same zoning lot with a principal building
or group of buildings which is unoccupied and unobstructed from its
lowest level upward except as otherwise permitted in this Chapter,
and which extends along a lot line and at right angles thereto to
a distance specified in the dimensional regulations for the district
in which the zoning lot is located.
YARD, FRONT
A yard extending across the full width of the zoning lot
and lying between the required front building setback line and the
front lot line of the zoning lot. For establishing building setbacks,
a corner lot is considered to have two (2) or more front yards.
YARD, REAR
A yard extending across the full width of the zoning lot
and lying between the rear lot line and the required rear building
setback line.
YARD, SIDE
A yard lying between the side lot line of the zoning lot
and the nearest line of the required side building setback line and
extending from the front yard to the rear yard.
ZERO LOT LINE RESIDENTIAL DEVELOPMENT
A detached single-family residential development where one
(1) or more of the exterior walls of the single-family dwellings rest
directly on a lot line.