[Ord. No. 1892 Zoning Regs. Art. 5 §2, 4-7-1997; Ord. No. 1971, §1 7-19-1999; Ord.
No. 2113 §1, 9-3-2002; Ord. No. 2514 §1, 3-21-2011]
This Section contains definitions for uses identified in the
above Use Table and elsewhere within this zoning ordinance. The use
definitions are mutually exclusive, which means that uses that are
specifically defined shall not also be considered to be a part of
a more general definition of a use type. An "Adult Bookstore", for
example, shall not be considered a "Retail Sales and Service" use,
since "Adult Bookstore" is a more specific definition of the use.
ADULT BOOKSTORE
An establishment having as a 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.
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.
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 SERVICE
An establishment 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.
AIRPORT OR AIRSTRIP
Any public or privately owned or operated ground facility
designed to accommodate landing and takeoff operations of aircraft,
including all taxiways, aircraft storage and tie-down areas, hangars
and other necessary buildings and open spaces.
ANIMAL CARE, GENERAL
A use providing animal care, veterinary services or boarding.
See "ANIMAL CARE, LIMITED" and "KENNEL".
ANIMAL CARE, LIMITED
A use providing animal care, boarding and veterinary services
for household pets, with no outside animal runs. See "ANIMAL
CARE, GENERAL" and "Kennel".
ASPHALT OR CONCRETE PLANT
An establishment engaged in the manufacture, mixing, batching
or recycling of asphalt, asphaltic cement, cement or concrete products.
ASSISTED LIVING
Multi-family dwelling units used or designed to be 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, group housing, hospitals or convalescent care facilities.
Typical uses include retirement communities in which housekeeping
services, common dining facilities and recreational and social activities
are offered to residents.
AUDITORIUM OR STADIUM
An open, partially enclosed or fully enclosed facility used
or intended to be used primarily for spectator sports, entertainment
events, expositions and other public gatherings. Typical uses include
convention and exhibition halls, sports arenas and amphitheaters.
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. Automatic teller machines (ATM)
located within a building shall be considered accessory to the principal
use unless the ATM is likely to be an independent traffic generator.
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
An establishment 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 nightclubs.
BASIC INDUSTRY
An establishment engaged in the basic processing and manufacturing
of materials or products predominately from extracted or raw materials.
Typical uses include distilleries, pulp processing and paper products
manufacturing; glass manufacturing; brick manufacturing; steel works;
tanneries; acid manufacturing; cement, lime, gypsum, or plaster of
Paris manufacturing; fertilizer or chemical manufacturing; and petroleum
refineries.
BATHHOUSE
An establishment 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.
BED AND BREAKFAST
A single-family dwelling, occupied as a permanent dwelling
by the owner or manager of the bed and breakfast, in which lodging
and meals are provided for time-limited durations to not more than
four (4) groups of patrons in a twenty-four (24) hour period.
CAR WASH
An establishment primarily engaged in cleaning or detailing
motor vehicles, whether self-service, automatic or by hand.
CEMETERY
Land used or intended to be used for burial or cremation
of the dead, whether human or animal, including a mausoleum or columbarium.
CLUB, PRIVATE
An establishment 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.
COMMUNICATION TOWER
Commercial AM/FM radio, television, microwave and cellular
telephone transmission towers and accessory equipment and buildings.
COMPOSTING FACILITY
A facility that is designed and used for transforming food,
yard wastes and other organic material into soil or fertilizer by
biological decomposition.
CONSTRUCTION SALES AND SERVICE
An establishment engaged in the retail or wholesale sale
of materials used in the construction of buildings or other structures,
and the outdoor storage of construction equipment or materials on
lots other than construction sites. Typical uses include lumberyards,
home improvement centers, lawn and garden supply stores, electrical,
plumbing, air-conditioning, and heating supply stores, swimming pool
sales, construction contractors' storage yards and construction equipment
rental establishments.
CONVALESCENT CARE
An establishment providing bed care and inpatient 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.
CORRECTIONAL FACILITY
A facility providing housing and care for individuals confined
for violations of law.
CULTURAL SERVICE
A facility providing cultural and educational services to
the public. Typical uses include museums, art museums, observatories,
planetariums, botanical gardens, arboretums, zoos and aquariums.
DAY CARE
An establishment that provides care, protection and supervision
for individuals on a regular basis away from their primary residence
for less than twenty-four (24) hours per day. The term includes kindergartens,
nursery schools and other similar programs regardless of auspices.
DAY CARE, COMMERCIAL
A day care establishment that provides care, protection and
supervision for twenty (20) or more individuals at any one time, including
those under the supervision or custody of the day care provider.
DAY CARE, GENERAL
A day care center that provides care, protection and supervision
for eleven (11) to nineteen (19) individuals at any one time, including
those under the supervision or custody of the day care provider.
DAY CARE, LIMITED
A day care center that provides care, protection and supervision
for ten (10) or fewer individuals at any one time, including those
under the supervision or custody of the day care provider.
DUPLEX, RESIDENTIAL
The use of a single lot for two (2) dwelling units within
a single building, other than a mobile home.
FREIGHT TERMINAL
A building or area in which freight brought by truck, rail
or air is processed for continued shipment by truck, rail or air.
FUNERAL HOME
An establishment engaged in preparing the human deceased
for burial or cremation and arranging and managing funerals.
GAS AND FUEL SALES/STORAGE
The use of a site for bulk storage and distribution and sales
of flammable liquid, gas or solid fuel, excluding below ground storage
that is clearly ancillary to an allowed principal use on the site.
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".
GOVERNMENT SERVICE
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 administrative
offices of government agencies and utility billing offices.
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
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
GROUP RESIDENTIAL
The use of a site for occupancy by groups of more than five
(5) persons, not defined as a family, on a weekly or longer basis.
Typical uses include fraternity or sorority houses, dormitories, residence
halls, and boarding or lodging houses. The term "group residential" does not include "group homes".
HAZARDOUS OPERATION
Activities that present the potential for serious hazards
to human life and health. Typical uses include arsenals, atomic reactors,
explosives and fireworks manufacture, hazardous waste disposal, medical
waste disposal and radioactive waste handling.
HEALTH CLUB
A facility where members or non-members use equipment or
space for the purpose of physical exercise.
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.
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.
HOTEL OR MOTEL
An establishment used maintained or advertised as a place
where sleeping accommodations are supplied for short-term rent to
transient guests. Typical uses include hotels and motels.
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. See "ANIMAL CARE,
GENERAL" and "ANIMAL CARE, LIMITED".
LANDFILL
A disposal facility employing an engineered method of disposing
of solid waste, including demolition and construction debris.
LAUNDRY SERVICE
An establishment that is primarily engaged in the large-scale
washing or cleaning of laundry, rugs and similar materials. This definition
does not include laundromats or dry cleaning pickup stations.
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.
MANUFACTURED HOME RESIDENTIAL-DESIGN
A manufactured home, which due to its size and architectural
elements, is consistent with the aesthetic appearance of a conventionally
built residential neighborhood.
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. Section 5401) and that is designed
to be used as a single dwelling unit.
MANUFACTURING AND ASSEMBLY
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, but excluding "Basic Industry".
MARINA
A facility for the storage (wet or dry), launching and mooring
of boats.
MASSAGE SHOP
An establishment 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 (3rd) person on his/her
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.
MATERIALS RECOVERY FACILITY
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.
MEDICAL SERVICE
An establishment providing therapeutic, preventive, or corrective
personal treatment services on an outpatient basis by physicians,
dentists, and other practitioners of the medical or healing arts,
and the provision of medical testing and analysis services. Typical
uses include clinics and offices for doctors of medicine, dentists,
chiropractors, osteopaths, optometrists; blood banks and medical laboratories.
MILITARY SERVICE
A facility used or intended to be used by a branch of the
U.S. Armed Forces, including military reserves.
MINING OR QUARRYING
The extraction of metallic and non-metallic minerals, excluding
oil or natural gas. Typical uses include sand and gravel pit operations,
quarries and mines.
MOBILE HOME/MANUFACTURED HOUSING PARK
An area or tract of land where two (2) or more manufactured
housing units, mobile homes or mobile home/manufactured housing spaces
are rented or held out for rent.
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. Section 5401) and that
is designed to be used as a single-dwelling unit.
MOBILE HOME SALES
An establishment primarily engaged in the display and sale
of mobile homes or manufactured housing units.
MODELING STUDIO
An establishment 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 wherever persons are enrolled
in a class.
MODULAR HOME
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the International
Code Council and the unit is inspected and certified at the factory
that it meets said standard. A modular home shall have exterior structure
materials and appearance similar to the customary single-family structures
in the neighborhood and shall be permanently situated on a concrete
foundation.
MULTI-FAMILY RESIDENTIAL
The use of a site for three (3) or more dwelling units within
a single building. Typical uses include triplexes, four-plexes, apartments
and residential condominiums.
OFFICE, GENERAL
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as incidental to a permitted use. Typical
uses include real estate, insurance, property management, investment,
employment, travel, advertising, law, architecture, design, engineering,
accounting and similar offices.
PARKING LOT, COMMERCIAL
An area used or intended to be used for the off-street parking
of operable motor vehicles on a temporary basis, other than as accessory
parking to a principal use.
PARKS AND RECREATION
A park, playground or community facility owned by or under
the control of a public agency or homeowner's association, that provides
opportunities for active or passive recreational activities.
POST OFFICE
A facility used for the collection, sorting and distribution
of U.S. mail among several zip code areas and having limited retail
services for the public, such as the sale of stamps, postcards and
postal insurance.
PRINTING AND PUBLISHING
The production of books, magazines, newspapers and other
printed matter, and record pressing and publishing, engraving and
photoengraving, but excluding businesses involved solely in retail
photocopying, reproduction, photo developing or blueprinting services.
See "RETAIL SALES AND SERVICE".
RECREATION AND ENTERTAINMENT, INDOOR
An establishment 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, indoor theaters,
bingo parlors, pool halls, billiard parlors and video game arcades.
RECREATION AND ENTERTAINMENT, OUTDOOR
An establishment 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 and
miniature golf course.
RECREATION AND ENTERTAINMENT, OUTDOOR — RURAL RECREATION
SPECIAL EVENTS
An establishment offering recreation and entertainment to
the public for a fee or charge, wherein any portion of the activity
takes place in the open. Typical uses include hayrides, bonfires,
picnics, weddings, chuck wagon cookouts, horseback riding and sleigh
rides but not limited to. Excludes motorized activities.
RECREATIONAL VEHICLE PARK
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes, including the use of camping
spaces for tents.
RECYCLING
The return of municipal solid waste items, most notably,
glass, paper, aluminum, steel, other metals, motor oil, yard waste
and plastics, for reuse or remanufacture as a usable product.
RECYCLING COLLECTION CENTER
A building and/or site, with more than one thousand (1,000)
square feet in area, in which source separated recoverable materials
such as newspapers, glassware and metal cans are collected, stored,
flattened, crushed or bundled prior to shipment to others who will
use those materials to manufacture new products. The materials are
stored on site in bins or trailers for shipment to market.
RELIGIOUS ASSEMBLY
A site used by a bona fide religious group primarily or exclusively
for religious worship and related religious services, including a
place of worship, retreat site or religious camp.
REPAIR SERVICE
An establishment primarily engaged in the provision of repair
services to individuals and households, but excluding "vehicle repair"
services. Typical uses include appliance repair shops.
RESEARCH SERVICE
An establishment engaged in conducting basic and applied
research, including production of prototype products when limited
to the minimum scale necessary for full investigation of the merits
of a product, excluding production of products used primarily or customarily
for sale or for use in non-prototype production operations.
RESTAURANT, FAST-FOOD
An establishment 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
An establishment where the principal business is the sale
of food and beverages in a ready-to-consume state.
RETAIL SALES AND SERVICE
An establishment engaged in the sale or rental of goods and
services, excluding uses more specifically defined.
SAFETY SERVICE
A facility for conduct of public safety and emergency services,
including fire and police protection services and emergency medical
and ambulance services.
SALVAGE YARD
A lot, land or structure, or part thereof, used primarily
for the collecting, dismantling, storage and salvaging of machinery
or vehicles that are not in operating condition; or for the sale of
parts thereof. Typical uses include automobile salvage yards and junkyards.
SERVICE STATION
An establishment primarily engaged in the retail sale of
gasoline or other motor fuels, along with accessory activities such
as the sale of lubricants, accessories, or supplies, the lubrication
of motor vehicles, and the minor adjustment or repair of motor vehicles.
SHOOTING RANGE
An outdoor facility used or intended to be used for the discharge
of firearms at targets.
SINGLE-FAMILY RESIDENTIAL, ATTACHED
The use of a site for two (2) or more dwelling units that
are constructed with common or abutting walls and with each dwelling
unit located on its own separate lot. Typical uses include town houses
and twinhomes.
SINGLE-FAMILY RESIDENTIAL, DETACHED
The use of a lot for only one (1) principal dwelling unit
that is not connected to any other dwelling unit. This definition
shall include, as defined by these regulations, "manufactured homes
— residential design" and "modular homes" but shall exclude
"mobile homes".
SOLID WASTE COLLECTION/PROCESSING
Recycling collection centers, incinerators, processing facilities,
materials recovery facilities, solid waste transfer stations or any
facility where municipal solid wastes are salvaged, sorted, processed
or treated.
SOLID WASTE TRANSFER STATION
A facility where solid waste or recyclable material is transferred
from collection vehicles (some sorting may occur) to long distance
hauling vehicles for transportation to a central solid waste management
facility for processing, disposal, incineration or resource recovery.
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.
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.
STOCKYARD
A non-farm-based facility used or intended to be used for
selling or holding livestock.
STUDIO, TELEVISION OR FILM
An establishment primarily engaged in the provision of recording
or broadcasting services accomplished through the use of electronic
mechanisms.
TOWN HOUSE
A dwelling unit located in a group of three (3) or more attached
town house dwelling units with no other dwelling unit located above
or below another and with each dwelling unit having at least one (1)
interior common wall and a private exterior entrance.
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.
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
outpatient rehabilitation for alcohol and other drug abuse.
TWINHOME
The use of a site for two (2) dwelling units that are constructed
with common or abutting walls and with each dwelling unit located
on its own separate lot. Twinhomes are often created by subdividing
a single duplex into two (2) separate lots each of which contains
one (1) dwelling unit.
UTILITY, MAJOR
Generating plants; electrical switching facilities and primary
substations; water and wastewater treatment plants; water tanks; and
radio, television and microwave transmission towers; 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.
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.
VEHICLE AND EQUIPMENT SALES
An establishment engaged in the retail or wholesale sale
or rental, from the premises, of motorized vehicles or equipment,
along with incidental service or maintenance activities. Typical uses
include new and used automobile and truck sales, automobile rental,
boat sales, motorcycle sales, moving trailer rental, and farm equipment
and machinery sales and rental.
VEHICLE/EQUIPMENT STORAGE YARD
An outdoor area used or intended to be used for long-term
storage of vehicles and equipment, other than a "commercial parking
lot" or accessory parking to a principal use.
VEHICLE REPAIR, GENERAL
An establishment 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, but not including "general vehicle
repair" services.
VOCATIONAL SCHOOL
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".
WAREHOUSE, RESIDENTIAL STORAGE
An enclosed storage facility containing independent, fully
enclosed bays that are leased to individuals exclusively for dead
storage of their household goods or personal property.
WAREHOUSING AND WHOLESALE
An establishment 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 dead storage facilities,
but excluding "residential storage warehouses" and sales of goods
to the general public.
WELDING OR MACHINE SHOP
A workshop where machines, machine parts, or other metal
products are fabricated. Typical uses include machine shops, welding
shops and sheet metal shops.