Terms Not Defined. Where terms are not defined through the
methods authorized by this Section, such terms shall have ordinarily
accepted meanings such as the context implies.
ABANDONED SIGN
A sign structure that has ceased to be used, and the owner
intends no longer to have used, for the display of sign copy or as
otherwise defined by State law.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental
to and located on the same lot occupied by the main use or building,
such as a detached garage.
ACCESSORY LIVING QUARTERS
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
ACCESSORY USE
A use conducted on the same lot as the primary use of the
structure to which it is related; a use which is clearly incidental
to, and customarily found in connection with, such primary use.
ACREAGE, NET
The remaining area after all deductions are made with deductions
including streets, easements for access, street dedications and similar
areas.
AGRICULTURE
The tilling of the soil, raising of crops, farm animals,
livestock, horticulture, gardening, beekeeping and aquaculture.
ALLEY
A permanent public service way or right-of-way dedicated
to the public use, other than a street, place, road, crosswalk or
easement, designed to provide a secondary means of access for the
special accommodation of abutting property. To be used primarily in
commercially zoned areas.
ALTERATION
Any change, addition or modification in construction, occupancy
or use.
AMUSEMENT CENTER
An establishment offering five (5) or more amusement devices
including, but not limited to, coin-operated electronic games, shooting
gallery, table games and similar recreational diversions within an
enclosed building.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this Code, include the following types:
1.
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or both of the classifications noted below:
a.
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purpose of this Chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.
b.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
2.
ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
3.
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
APARTMENT HOUSE
A residential building designed or used for three (3) or
more dwelling units.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building but does
not include signs as defined herein. See also "AWNING", "BACK-LIT AWNING", "CANOPY, ATTACHED" and "CANOPY, FREESTANDING".
AUTOMOTIVE REPAIR, MAJOR
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender and major engine and engine part
overhaul, which is conducted within a completely enclosed building.
AUTOMOTIVE REPAIR, MINOR
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune-ups and transmission work, which is conducted within a completely
enclosed building.
AUTO SALVAGE
The collecting, dismantling or wrecking of used motor vehicles
or trailers or the storage or sale of dismantled, partially dismantled,
obsolete or wrecked motor vehicles or their parts.
AUTOMOTIVE SELF-SERVICE STATION
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Such an establishment shall
be permitted to offer for sale at retail other convenience items as
a clearly secondary activity and shall be permitted also to include
a freestanding automatic car wash.
AUTOMOTIVE SERVICE STATION
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities shall
be permitted to include automotive repair and maintenance, car wash
service and food sales.
AWNING
A shelter supported entirely from the exterior wall of a
building.
AWNING SIGN
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "WALL" or "FASCIA SIGN".
BACK-LIT AWNING
An awning with a translucent covering material and a source
of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphic may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BASEMENT
Any floor level below the first (1st) story in a building
except that a floor level in a building having only one (1) floor
level shall be classified as a basement unless such floor level qualifies
as a first (1st) story as defined herein.
BED AND BREAKFAST FACILITY
A limited commercial activity conducted within a structure
which includes dining and bathroom facilities with sleeping rooms
for short-term guest lodging.
BILLBOARD
See "OFF-PREMISE SIGN" and "OUTDOOR
ADVERTISING SIGN".
BLOCK
Land or a group of lots surrounded by streets or other rights-of-way,
other than an alley, or land which is designated as a block on any
recorded subdivision tract.
BOARD
The Board of Adjustment of the adopting jurisdiction.
BOARDING HOUSE
A dwelling containing a single dwelling unit and not more
than ten (10) guest rooms or suites of rooms, where lodging is provided
with or without meals for compensation for more than one (1) week.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING CODE
The International Building Code promulgated by the International
Code Council, as adopted, with amendments by this jurisdiction.
BUILDING ELEVATION
The entire side of a building from ground level to the roof
line as viewed perpendicular to the walls on that side of the building.
BUILDING HEIGHT
The vertical distance above the average existing grade measured
to the highest point of the buildIng. The height of a stepped or terraced
building shall be the maximum height of any segment of the building.
BUILDING LINE
The perimeter of that portion of a building or structure
nearest a property line but excluding open steps, terraces, cornices
and other ornamental features projecting from the walls of the building
or structure.
BUILDING, MAIN
A building in which the principal use of the site is conducted.
BUILDING, TEMPORARY
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction of utilities or other community facilities or used temporarily
in conjunction with the sale of property within subdivision under
construction.
BUSINESS OR FINANCIAL SERVICES
An establishment intended for the conduct or service or administration
by a commercial enterprise or offices for the conduct of professional
or business service.
CANOPY (ATTACHED)
A multi-sided overhead structure or architectural projection
supported by attachments to a building on one (1) or more sides and
either cantilevered from such building or also supported by columns
at additional points. The surface(s) and/or soffit of an attached
canopy may be illuminated by means of internal or external sources
of light. See also "MARQUEE".
CANOPY (FREESTANDING)
A multi-sided overhead structure supported by columns but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or
freestanding canopy.
CARPORT
A roofed structure open on at least two (2) sides and used
for the storage of private or pleasure-type vehicles.
CITY
City of Concordia, Missouri.
CITY ENGINEER
A registered professional engineer, registered in the State
of Missouri, duly appointed by the Board of Aldermen to advise the
City on matters relating to engineering, planning and surveying.
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input, including signs which are:
2.
ELECTRICALLY ACTIVATEDChangeable sign whose message, copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetical or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also
"ELECTRONIC
MESSAGE SIGN OR CENTER".
CHILD DAY CARE CENTER
A child day care center or center, whether known or incorporated
under another title or name, is a child care program conducted in
a location other than the provider's permanent residence, or separate
from the provider's living quarters, and licensed by the Department
of Health and Senior Services of the State of Missouri where care
is provided for children not related to the child care provider for
any part of the twenty-four (24)-hour day.
[Ord. No. 1481, 11-18-2019]
CHURCH
At a minimum, a church includes a body of believers or communicants
that assembles regularly in order to worship. Unless the organization
is reasonably available to the public in its conduct of worship, its
educational instruction, and its promulgation of doctrine, it cannot
fulfill the associational role that Courts have increasingly adopted
as a threshold for determining when an organization qualifies as a
church. Other key factors to consider include whether the organization
has a distinct legal existence, recognized creed and form of worship,
definite and distinct ecclesiastical government, a formal code of
doctrine and discipline, distinct religious history, membership not
associated with any other church or denomination, organization of
ordained ministers, ordained ministers selected after completing prescribed
studies, literature of its own, established places of worship, regular
congregations, and regular religious services. No single factor is
controlling but having regular meetings with a regular congregation
should be weighted more heavily than some of the other factors. Cities
can generally use a combination of these characteristics, together
with other facts and circumstances, to determine whether an organization
is considered a church for the purposes of the MMJ Ordinance.
[Ord. No. 1481, 11-18-2019]
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a
building structure.
COMMERCIAL, HEAVY
An establishment or business which generally uses open sales
yards, outside equipment storage or outside activities that generate
noise or other impacts considered incompatible with less intense uses.
Typical businesses in this definition are lumberyards, construction
specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT
An establishment or business which generally has retail or
wholesale sales, office uses or services that do not generate noise
or other impacts considered incompatible with less intense uses. Typical
businesses in this definition are retail stores, offices, catering
services or restaurants.
COMMERCIAL CENTER, COMMUNITY
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A community commercial center shall provide for the
sale of general merchandise and may include a variety store, discount
store or supermarket.
COMMERCIAL CENTER, CONVENIENCE
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A convenience commercial center shall provide a small
cluster of convenience shops or services.
COMMERCIAL CENTER, NEIGHBORHOOD
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A neighborhood commercial center shall provide for the
sale of convenience goods and services with a supermarket as the principal
tenant.
COMMERCIAL CENTER, REGIONAL
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings and other retail
sales and services in full depth and variety.
COMMERCIAL RETAIL SALES AND SERVICES
Establishments which engage in the sale of general retail
goods and accessory services. Businesses within this definition include
those which conduct sales and storage entirely within an enclosed
structure (with the exception of occasional outdoor "sidewalk" promotions),
businesses specializing in sale of either general merchandise or convenience
goods.
COMPREHENSIVE PLAN
The complete plan, including all of its parts, for the development
of the City, prepared by the Commission and adopted by the Board of
Aldermen in accordance with the authority conferred by Chapter 89,
RSMo., 1954, as amended.
CONDITIONAL USE
A use which would become harmonious or compatible with neighboring
uses through the application and maintenance of qualifying conditions.
CONDOMINIUM
A single dwelling unit in a multi-unit dwelling or structure
which is separately owned and which may be combined with an undivided
interest in the common areas and facilities of the property.
CONGREGATE RESIDENCE
Any building or portion thereof which contains facilities
for living, sleeping and sanitation as required by this Code and may
include facilities for eating and cooking for occupancy by other than
a family. A congregate residence shall be permitted to be a shelter,
convent, monastery, dormitory, fraternity or sorority house but does
not include jails, hospitals, nursing homes, hotels or lodging houses.
CONVALESCENT CENTER
A facility which is publicly or privately operated and intended
for long-term patient care due to human illness or infirmity, including
the elderly and developmentally disabled, normally employing the services
of skilled and licensed practitioners, excluding hospitals.
COPY
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
COURT
A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three (3) or more sides
by walls of a building.
DANCE HALL, DISCOTHEQUE
An establishment intended primarily for dancing and entertainment
within an enclosed building, using either live or electronically produced
music, either open to the public or operated as a private club open
to members only.
DAY CARE, FAMILY
The keeping for part-time care and/or instruction, whether
or not for compensation, of six (6) or less children at any one time
within a dwelling, not including members of the family residing on
the premises.
DAY CARE, GROUP
An establishment for the care and/or instruction, whether
or not for compensation, of seven (7) or more persons at any one time.
Child nurseries, preschools and adult care facilities are included
in this definition.
DENSITY
The number of dwelling units which are allowed on an area
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
DEVELOPER
Any person, association, corporation, firm, partnership,
joint venture or other entity or group which intends to or has begun
construction or reconstruction in a single contiguous area for sale,
lease or rent or any person, association, corporation, firm, partnership,
joint venture or other entity or group which intends to or has begun
construction in a commercial or planned development in the unincorporated
territory of the City.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center or planned industrial park, which is controlled
by a single owner or landlord.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
DRIVEWAY
A private access road, the use of which is limited to persons
residing, employed or otherwise using or visiting the parcel in which
it is located.
DWELLING, DUPLEX
A building designed or arranged to be occupied by two (2)
families living independently, the structure having only two (2) dwelling
units.
DWELLING, MULTIPLE-UNIT
A building or portion hereof designed for occupancy by three
(3) or more families living independently in which they may or may
not share common entrances and/or other spaces. Individual dwelling
units may be owned as condominiums or offered for rent.
DWELLING, PLANNED GROUP
Two (2) or more detached buildings used as dwelling units
located on a lot that is in single ownership having yards, courts
or facilities in common.
DWELLING, SINGLE-FAMILY
A detached dwelling unit with kitchen and sleeping facilities
designed for occupancy by one (1) family.
DWELLING UNIT
Any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking and sanitation,
as required by this Code, for not more than one (1) family or a congregate
residence for six (6) or less persons.
EASEMENT
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical
energy.
EXCEPTION
The allowance of a use otherwise prohibited by this Chapter
in a particular district. Such an allowance may be granted only by
the express action of the Board of Zoning Adjustment within the limits
on such allowances expressed within this Chapter.
FACADE
See "FACE OF BUILDING, PRIMARY".
FACE OF BUILDING, PRIMARY
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
FAMILY
An individual or two (2) or more persons related by blood,
marriage or adoption or a group not to exceed six (6) unrelated persons
living together as a single housekeeping unit.
FARM ANIMALS
Animals other than household pets that shall be permitted
to, where permitted, be kept and maintained for commercial production
and sale and/or family food production, education or recreation. Farm
animals are identified by these categories: large animals, e.g., horses
and cattle; medium animals, e.g., sheep, goats; or small animals,
e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks
and pigeons.
FLOOD PLAIN
All lands within the jurisdiction of the City identified
on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered;
a Floodway Overlay District (FW) and a Floodway Fringe Overlay District
(FF) identified in the Flood Insurance Study and accompanying maps,
said maps being incorporated as part of the Zoning Map.
FLOOR AREA, GROSS
The sum of the horizontal areas of floors of a building measured
from the exterior face of exterior walls or, if appropriate, from
the centerline of dividing walls; this includes courts and decks or
porches when covered by a roof.
FLOOR AREA, NET
The gross floor area exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
FLOOR AREA RATIO
The numerical value obtained by dividing the gross floor
area of a building by the area of the lot on which the building is
constructed.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the
ground and not supported by a building, including signs supported
by one (1) or more columns, poles or braces placed in or upon the
ground.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a
single premise oriented to the public way or other properties that
it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premise
along either a public way or other properties on which it borders.
GARAGE, PRIVATE
A building or a portion of a building not more than one thousand
(1,000) square feet (ninety-three (93) m2) in area in which only private or pleasure-type motor vehicles used
by the tenants of the building or buildings on the premises are stored
or kept.
GENERAL PLAN
The declaration of purposes, policies and programs for the
development of the jurisdiction.
GRADE (ADJACENT GROUND ELEVATION)
The lowest point of elevation of the existing surface of
the ground within the area between the building and a line five (5)
feet (one thousand five hundred twenty-four (1,524) mm) from the building.
GRAFFITI
Unauthorized marking on a structure.
GROSS LEASABLE AREA (GLA)
The total floor area of a commercial building designed for
tenant occupancy and exclusive use, including basements, mezzanines
and upper floors, expressed in square feet (m 2) as measured from
the centerline of joint partitions and from outside wall faces.
GROUP CARE FACILITY
A facility, required to be licensed by the State, which provides
training, care, supervision, treatment and/or rehabilitation to the
aged, disabled, those convicted of crimes or those suffering the effects
of drugs or alcohol; this does not include day care centers, family
day care homes, foster homes, schools, hospitals, jails or prisons.
GUEST ROOM
Any room or rooms used or intended to be used by a guest
for sleeping purposes. Every one hundred (100) square feet (nine and
three-tenths (9.3) m2) of superficial floor
area in a dormitory shall be considered to be a guest room.
HABITABLE SPACE (ROOM)
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not considered habitable space.
HAZARDOUS WASTE
Any waste or combination of wastes as defined by or listed
in Missouri State Regulations 10 CSR 2511; which, because of its quantity,
concentration or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness or
which may pose a threat to the health of humans or other living organisms.
HOME OCCUPATION
The partial use of a dwelling unit for commercial or non-residential
uses by a resident thereof which is subordinate and incidental to
the use of the dwelling for residential purposes.
HOSPITAL
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services primarily
for inpatients and including as related facilities, laboratories,
outpatient departments, training facilities and staff offices.
HOUSEHOLD PETS
Dogs, cats, rabbits, birds, for family use only (non-commercial)
with cages, pens, etc.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
INDUSTRIAL OR RESEARCH PARK
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to assure a harmonious
integration into the neighborhood.
INTERIOR SIGN
Any sign placed within a building but not including "window signs" as defined by this Section. Article
XIX of this Chapter does not regulate interior signs, with the exception of window signs.
JURISDICTION
The corporate area of the City of Concordia, Missouri.
KENNEL
Any lot or premises on which four (4) or more dogs or cats
over six (6) months of age are kept, for compensation or not.
KITCHEN
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
LANDSCAPING
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as
grass, trees, shrubs and flowers. This treatment shall be permitted
also to include the use of logs, rocks, fountains, water features
and contouring of the earth.
LIVESTOCK
Includes, but is not limited to, horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules and any other hoofed
animals.
LIVING AREA
That portion of the dwelling unit utilized for living purposes
within the exterior walls of the structure and does not include porches,
breezeways, garages and carports.
LOADING SPACE
A space within the main building or on the same lot providing
for the loading or unloading of trucks with a minimum of fourteen
(14) by fifty (50) feet and a vertical clearance of eighteen (18)
feet.
LOT
A portion of a subdivision or their parcel of land intended
as a unit for transfer of ownership.
LOT, CORNER
A lot abutting on two (2) intersecting or intercepting streets
where the interior angle of intersection or interception does not
exceed one hundred thirty-five degrees (135°).
LOT, IRREGULAR
A lot whose opposing property lines are generally not parallel,
such as a pie-shaped lot on a cul-de-sac or where the side property
lines are not parallel to each other.
LOT, FLAG
A lot so shaped and designed that the main building site
area is set back from the street on which it fronts and includes an
access strip connecting the main building site the frontage street.
MANSARD
An inclined decorative roof-like projection that is attached
to an exterior building facade.
MANUFACTURED HOME (MOBILE HOME)
A structure, transportable in one (1) or more sections, which
in the traveling mode is eight (8) body feet (two thousand four hundred
thirty-eight (2,438) mm) or more in width or forty (40) body feet
(twelve thousand one hundred ninety-two (12,192) mm) in length or
when erected on site is three hundred twenty (320) square feet (twenty-nine
and seven-tenths (29.7) m 2) or more and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities and includes the
plumbing, heating, air-conditioning and electrical systems contained
therein.
MANUFACTURED HOME, SPECIAL CARE
A home used as a temporary dwelling for a family member who
is in need of special, frequent and routine care by reason of advanced
age or ill health.
MANUFACTURING, HEAVY
All other types of manufacturing not included in the definitions
of light manufacturing and medium manufacturing.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (3/10 or 1%) on a dry weight basis,
or commodities or products manufactured from industrial hemp.
[Ord. No. 1481, 11-18-2019]
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. 1481, 11-18-2019]
MAY
As used in these regulations, the word "may" is passive unless the context clearly indicates otherwise.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a Medical
Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical
Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 1481, 11-18-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualifying patient, a primary caregiver, another
Medical Marijuana Dispensary Facility, a Medical Marijuana Testing
Facility, or a Medical Marijuana-Infused Projects Manufacturing Facility.
[Ord. No. 1481, 11-18-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test
Facility, or to another Medical Marijuana-Infused Projects Manufacturing
Facility.
[Ord. No. 1481, 11-18-2019]
MENU BOARD
A freestanding sign oriented to the drive-through lane for
a restaurant that advertises the menu items available from the drive-through
window and which has no more than twenty percent (20%) of the total
area for such a sign utilized for business identification.
MOBILE HOME PARK
A tract of land developed and operated as a unit with individual
sites and facilities to accommodate two (2) or more mobile homes.
MODEL HOME
A dwelling temporarily used as a sales office for a residential
development under construction; said home being used for on-site sales
and not for general real estate business.
MODULAR HOME
A factory-built home, other than a manufactured home, which
meets all of the following requirements:
1.
Is designed only for erection or installation on a site-built
permanent foundation;
2.
Is not designed to be moved once so erected or installed;
3.
Is designed and manufactured to comply with a nationally recognized
model building code or an equivalent local code or with a State or
local modular building code recognized as generally equivalent to
building codes for site-built housing; or
4.
To the manufacturer's knowledge, is not intended to be used
other than on a site-built permanent foundation.
MORTUARY, FUNERAL HOME
An establishment in which the dead are prepared for burial
or cremation. The facility shall be permitted to include a chapel
for the conduct of funeral services and spaces for funeral services
and informal gatherings and/or display of funeral equipment.
MOTEL, HOTEL
Any building containing six (6) or more guest rooms intended
or designed to be used or which are used, rented or hired out to be
occupied or which are occupied for sleeping purposes by guests.
NATURAL WATERWAYS
Those areas, varying in width along streams, creeks, springs,
gullies or washes, which are natural drainage channels as determined
and identified by the jurisdiction.
NON-CONFORMING LOT
A lot whose width, area or other dimension did not conform
to the regulations when this Code became effective.
NON-CONFORMING SIGN
A sign or sign structure or portion thereof lawfully existing
at the time this Code became effective, which does not now conform.
NON-CONFORMING STRUCTURE
A building or structure or portion thereof lawfully existing
at the time this Code became effective which was designed, erected
or structurally altered for a use that does not conform to the zoning
regulations of the zone in which it is located.
ON-PREMISE SIGN
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of the property on which
it is displayed.
OPEN SPACE
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios and recreational areas and facilities.
OPEN STORAGE
The location of bulk items, assemblies or subassemblies in
areas exposed to weather, in whole or in part, for the end use of
further manufacturing process, sale to transportation. This shall
include, but not be limited to, open display of transportation vehicles,
marine craft, aircraft, mobile homes, modules, recreation vehicles,
junk yards or "piggy back" containers. It does not include storage
that is totally enclosed in a structure.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or non-commercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of the property on which it is displayed.
PARAPET
The extension of a building facade above the line of the
structural roof.
PARCEL
A tract of land which is not a defined lot in a subdivision
of record or dedicated street and has boundaries described by a sectional
or metes and bounds or sectional description.
PARK
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational uses.
PARK AND RIDE FACILITIES
Parking lots or structures located along public transit routes
designed to encourage transfer from private automobile to mass transit
or to encourage carpooling for purposes of commuting or for access
to recreation areas.
PARKING SPACE, AUTOMOBILE
A space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for
the parking of an automobile.
PERSON
A natural person, heirs, executors, administrators or assigns
and includes a firm, partnership or corporation, its or their successors
or assigns, or the agent of any of the aforesaid.
PLANNED UNIT DEVELOPMENT (PUD)
A residential or commercial development guided by a total
design plan in which one (1) or more of the zoning or subdivision
regulations, other than usage regulations, shall be permitted to be
waived or varied to allow flexibility and creativity in site and building
design and location in accordance with general guidelines.
PLOT PLAN
A plat of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be
erected, the location of the lot in relation to abutting streets and
other such information.
POLITICAL SIGN
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
POOLS, SWIMMING, HOT TUBS AND SPAS
Above-ground/on-ground pool. See "PRIVATE SWIMMING
POOL".
1.
BARRIERA fence, a wall, a building wall, the wall of an above-ground swimming pool or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
4.
POOL SAFETY COVERA pool cover which is placed over the water area and is opened and closed with a motorized mechanism activated by a control switch.
5.
PRIVATE SWIMMING POOLAny structure that contains water over twenty-four (24) inches (six hundred ten (610) mm) in depth and which is used or intended to be used for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
6.
PRIVATE SWIMMING POOL, INDOORAny private swimming pool that is totally contained within a private structure and surrounded on all four (4) sides by walls of said structure.
9.
SPASee
"PRIVATE SWIMMING POOL".
PORTABLE SIGN
A sign not permanently attached to the ground or to a building
or building facade.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects
more than eighteen (18) inches (four hundred fifty-seven (457) mm)
from a building face or wall or from a structure whose primary purpose
is other than the support of a sign.
PUBLIC IMPROVEMENTS
Any drainage ditch, storm sewer or drainage facility, sanitary
sewer, water main, roadway, parkway, sidewalk, pedestrianway, tree
lawn, off-street parking area, lot improvement or other facility for
which the local government may ultimately assume the responsibility
for maintenance and operation or for which the local government responsibility
is established.
PUBLIC SERVICES
Uses operated by a unit of government to serve public needs,
such as Police (with or without jail), fire service, ambulance, judicial
court or government offices but not including public utility stations
or maintenance facilities.
PUBLIC UTILITY STATION
A structure or facility used by a public or quasi-public
utility agency to store, distribute, generate electricity, gas, telecommunications
and related equipment or to pump or chemically treat water. This does
not include storage or treatment of sewage, solid waste or hazardous
waste.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 1481, 11-18-2019]
QUASI-PUBLIC
Essentially a public use, although under private ownership
or control.
QUORUM
A majority of the authorized members of a board or commission.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
RECREATION, INDOOR
An establishment providing completely enclosed recreation
activities. Accessory uses shall be permitted to include the preparation
and serving of food and/or the sale of equipment related to the enclosed
uses. Included in this definition shall be bowling, roller skating
or ice skating, billiards, pool, motion picture theaters and related
amusements.
RECREATION, OUTDOOR
An area free of buildings except for restrooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions
and similar structures used primarily for recreational activities.
RECREATIONAL VEHICLE
A vehicular unit, other than a mobile home, whose gross floor
area is less than three hundred twenty (320) square feet (twenty-nine
and seven-tenths (29.7) m2) which is designed
as a temporary dwelling for travel, recreational and vacation use
and which is either self-propelled, mounted on or pulled by another
vehicle. Examples include, but are not limited to, a travel trailer,
camping trailer, truck camper, motor home, fifth-wheel trailer or
van.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, scrap metals, paper, rags,
tires and bottles and other such materials.
REGISTERED DESIGN PROFESSIONAL
An architect or engineer registered or licensed to practice
professional architecture or engineering as defined by statutory requirements
of the professional registration laws of the State in which the project
is to be constructed.
REHABILITATION CENTER (HALFWAY HOUSE)
An establishment whose primary purpose is the rehabilitation
of persons. Such services include drug and alcohol rehabilitation,
assistance to emotionally and mentally disturbed persons, and halfway
houses for prison parolees and juveniles.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY
A use or building owned or maintained by organized religious
organizations or non-profit associations for social, civic or philanthropic
purposes or the purpose for which persons regularly assemble for worship.
RENOVATION
Interior or exterior remodeling of a structure other than
ordinary repair.
RESTAURANT
An establishment which sells prepared food for consumption.
Restaurants shall be classified as follows:
1.
RESTAURANT, FAST-FOODAn establishment which sells food already prepared for consumption, packaged in paper, styrofoam or similar materials and may include drive-in or drive-up facilities for ordering.
REVOLVING SIGN
A sign that revolves three hundred sixty degrees (360°)
about an axis. See also "ANIMATED SIGN, MECHANICALLY ACTIVATED".
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road or for another special use. The
usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way established after the
effective date of the UDC and shown on a final plat is to be separate
and distinct from the lots or parcels adjoining the right-of-way and
not included within the dimensions or areas of the lots or parcels.
Right-of-way intended for streets, crosswalks or any other special
use involving maintenance by a public agency shall be dedicated to
public use by the maker of the plat on which the right-of-way is established.
ROOF LINE
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN
A sign mounted on and supported by the main roof portion
of a building or above the uppermost edge of a parapet wall of a building
and which is wholly or partially supported by such a building. Signs
mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered to be roof signs.
SALVAGE YARD
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, materials such as scrap
metals, paper, rags, tires and bottles.
SCHOOL
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 1481, 11-18-2019]
SCHOOL, COMMERCIAL
A school establishment to provide for the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to
schools that are owned and operated privately for profit and that
do not offer a complete educational curriculum (e.g., beauty school,
modeling school).
SETBACK
The minimum required distance between the property line and
the building line.
SHALL
As used in these regulations, the word "shall" is always mandatory, unless the context clearly indicates otherwise.
SHOPPING CENTER
Any commercial establishment consisting of wholesale business,
retail business or office or any combination thereof having a combined
leasable floor area of fifty thousand (50,000) square feet or more.
The floor area may be either under one (1) ownership or multiple ownership.
SHOULD
As used in these regulations, the word "should" is always permissive, unless the context clearly indicates otherwise.
SIGHT TRIANGLE
A triangle-shaped portion of land established at street intersections
in which nothing is permitted which limits or obstructs the sight
distance of motorists entering or leaving the intersection.
SIGN
Any device visible from a public place that displays either
commercial or non-commercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Non-commercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face. The area of any double-sided or "V" shaped sign shall be the
area of the largest single face only. The area of a sphere shall be
computed as the area of a circle. The area of all other multiple-sided
signs shall be computed as fifty percent (50%) of the sum of the area
of all faces of the sign.
SIGN FACE
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, non-structural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
1.
In the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
2.
In the case of sign structures with routed areas of sign copy,
the sign face shall include the entire area of the surface that is
routed, except where interrupted by a reveal, border or a contrasting
surface or color.
3.
In the case of signs painted on a building or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric drawn closest to the edge of the letters or separate
graphic elements comprising the sign copy, but not the open space
between separate groupings of sign copy on the building or structure.
4.
In the case of sign copy enclosed within a painted or illuminated
border or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background or within the painted or illuminated
border.
SIGNS, COMMUNITY
Temporary, on- or off-premises signs, generally made of a
woven material or durable synthetic materials primarily attached to
or hung from light poles or on buildings. These signs are solely of
a decorative, festive and/or informative nature announcing activities,
promotions or events with seasonal or traditional themes having broad
community interest and which are sponsored or supported by a jurisdiction-based
non-profit organization.
SITE PLAN
A plan which outlines the use and development if any tract
of land.
SPECIAL USE EXCEPTION
A use permitted within a zoning district, but subject to
certain, specific conditions. The applicant must demonstrate compliance
with the conditions during a public hearing before the Planning and
Zoning Commission.
STRIP MALL
Any commercial establishment consisting of wholesale business,
retail business or office or any combination thereof where the total
leased area is less than fifty thousand (50,000) square feet.
STORY
That portion of building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused under-floor space is more than six (6) feet (one thousand eight
hundred twenty-nine (1,829) mm) above grade as defined herein for
more than fifty percent (50%) of the total perimeter or is more than
twelve (12) feet (three thousand six hundred fifty-eight (3,658) mm)
above grade as defined herein at any point, such usable or unused
under-floor space shall be considered as a story.
STREET
Any thoroughfare or public way not less than sixteen (16)
feet (four thousand eight hundred seventy-seven (4,877) mm) in width
which has been dedicated.
STREET, PRIVATE
A right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means
of access to two (2) or more sites.
SUBDIVISION
The division of a tract, lot or parcel of land into two (2)
or more lots, plats, sites or other divisions of land.
TAVERN/BAR
An establishment in which the primary function is the public
sale of alcoholic and/or non-alcoholic beverages for consumption on
the premises.
TEMPORARY SIGN
A sign intended to display either commercial or non-commercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
THEATER
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
USE
The activity occurring on a lot or parcel for which land
or a building is arranged, designed or intended or for which land
or a building is or may be occupied, including all accessory uses.
USE, CHANGE OF
The change within the classified use of a structure or premise.
USE, NON-CONFORMING
A use which lawfully occupied a building or land at the time
this Code became effective, which has been lawfully continued and
which does not now conform with the use regulations.
USE, PRINCIPAL
A use which fulfills a primary function of a household, establishment,
institution or other entity.
USE, TEMPORARY
A use that is authorized by this Code to be conducted for
a fixed period of time. Temporary uses are characterized by such activities
as the sale of agricultural products, contractors' offices and equipment
sheds, fireworks, carnivals, flea markets and garage sales.
V SIGN
Signs containing two (2) faces of approximately equal size,
erected upon common or separate structures, positioned in a "V" shape
with an interior angle between faces of not more than ninety degrees
(90°) with the distance between the sign faces not exceeding five
(5) feet (one thousand five hundred twenty-four (1,524) mm) at their
closest point.
VARIANCE
A deviation from the height, bulk, setback, parking or other
dimensional requirements established by this Code.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than eighteen
(18) inches (four hundred fifty-seven (457) mm) from the building
or structure wall including signs affixed to architectural projections
from a building provided the copy area of such signs remain on a parallel
plane to the face of the building facade or to the face or faces of
the architectural projection to which it is affixed.
WATERCOURSE
A channel or location in which a flow of water occurs either
continuously or intermittently.
WATERSHED
A region or area bounded peripherally by a water parting
and draining ultimately to a particular watercourse or body of water.
WINDOW SIGN
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property.
WRECKING YARD
Any place where damaged, inoperable or obsolete machinery
such as cars, trucks and trailers or parts thereof are stored, bought,
sold, accumulated, exchanged, disassembled or handled.
YARD
An open, unoccupied space on a lot, other than a court, which
is unobstructed from the ground upward by buildings or structures,
except as otherwise provided in this Code.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto.
YARD, REAR
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high water line and a line parallel thereto.
YARD, SIDE
An open, unoccupied space on the same lot with the building
and between the building line and the side lot line or to the ordinary
high water lines.
ZERO LOT LINE DEVELOPMENT
Single-family dwellings arranged on individual lots as a
detached structure with one (1) or more side walls on a side property
line.