[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Where
the conditions imposed by the provisions of these UDC regulations
upon the use of land or structures are either more restrictive or
less restrictive than comparable conditions imposed by any other provision
or any other applicable law, ordinance, resolution, rule or regulation
of any kind, the regulations which are more restrictive and impose
higher standards or requirements shall govern.
B.
Effect On Existing Permits. Nothing in these UDC regulations
shall be deemed to require any change in plans, construction or designated
use of any structure in the event that:
1.
A building permit and/or a zoning permit for such structure was lawfully
issued prior to the effective date of these UDC regulations or the
effective date of any amendment thereof; and
2.
Such permit had not by its own terms expired prior to such effective
date; and
3.
Such permit was issued on the basis of an application showing complete
plans for proposed construction and/or use; and
4.
There has been a substantial change of position, substantial expenditure,
substantial work performed or incurrence of substantial obligations
by the permit holder in reliance on such permits other than purchase
of land or preparation of design plans; and
5.
Such issuance of a permit and change of position, expenditures, work
or incurrence of obligations were made prior to the effective date
of an amendment of these UDC regulations which amendments would have
made illegal the issuance of such permit; and
6.
Construction pursuant to such permit is completed prior to the expiration
of such permit.
C.
Nothing
contained in these UDC regulations shall be deemed to be a consent,
license or permit to use any property or to locate, construct or maintain
any structure or facility or to carry on any trade, industry, occupation
or activity.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
In
the construction of these UDC regulations, the provisions and rules
of this Section shall be preserved and applied, except when the context
clearly requires otherwise:
1.
The singular number includes the plural and the plural the singular.
2.
The present tense includes the past and future tenses and the future
the present.
3.
The word "shall" is mandatory while the word "may" is permissive.
4.
The phrase "used for" shall include the phrases "arranged for", "designed
for", "intended for", "maintained for" and "occupied for".
5.
The word "person" includes an individual, firm, corporation, association,
partnership, trust, governmental body and agency, and all other legal
entities.
6.
The word "City" means the City of Kearney, Missouri.
7.
The words "Governing Body" mean the Mayor and Board of Aldermen of
the City of Kearney, Missouri, which together constitute the Governing
Body.
8.
The word "Clerk" means the City Clerk of the City of Kearney, Missouri.
9.
The words "Planning and Zoning Commission" mean the Kearney City
Planning and Zoning Commission.
10.
The words "Comprehensive Plan" mean the adopted and approved Comprehensive
Plan for the City of Kearney, Missouri, and surrounding planning area,
which includes, among other elements, a plan for land use.
11.
The word "Board" means the Kearney Board of Adjustment.
12.
The words "zoning jurisdiction" mean the area as defined in Section 405.030 for which the jurisdiction of these UDC regulations is applicable for zoning purposes.
13.
Unless otherwise specified, all distances shall be measured horizontally.
B.
Any
word or phrase which is defined in this Article or elsewhere in these
UDC regulations shall have the meaning as so defined whenever used
in these UDC regulations, unless such definition is expressly limited
in its meaning or scope.
C.
Words
or terms not herein defined shall have their ordinary meaning in relation
to the context as defined in a dictionary.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1173-2011 §4, 9-19-2011]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The right to cross between public and private property allowing
pedestrians and vehicles to enter and leave property.
A detached building which is customarily incidental to or
subordinate to the main building located on the same tract or incidental
or subordinate to the use of the land on which it is located.
The use of a building which is customarily incidental to
and located on the same lot or premises as the main use of the premises.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building or is under an extension of the main roof and designed
as an integral part of the main building.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating
costs and allowances.
A building or dwelling maintained (the "premises") by a person
who provides or attempts to provide an adult day care program, providing
care to eight (8) or fewer functionally impaired adults; additionally,
in residential districts, the owner or lessee of a premises to whom
an occupancy permit has been issued shall maintain the adult day care
home premises as his or her permanent residence and shall physically
occupy the premises at all times that a premises is used to provide
an adult day care program.
See Chapter 615, Adult Business Regulations.
The use of land, buildings or structures for the purposes
of supply of goods, materials or services that support agricultural
uses. This shall include such goods and services as sale and storage
of seed, feed, fertilizer and chemical products, farm machinery and
equipment sales and service.
A working farm or any agricultural, horticultural, or agribusiness
operation that is open to the public for the purpose of enjoyment,
education, or active involvement in the activities of the farm or
operation. The retail sales of agricultural related products grown
or produced on-site is considered an accessory use to the operation.
An activity is considered a part of the Agricultural Tourist Operation
(ATO) whether or not a participant paid to participate in the activity.
[Ord. No. 1257-2014 §1, 7-21-2014]
The planting, cultivating, harvesting and storage of grains,
hay or plants commonly grown in Clay County. The raising and feeding
of livestock and poultry shall be considered an agricultural venture
if the area in which the livestock or poultry is kept is ten (10)
acres or more in area and if such raising of livestock and poultry
is incidental or supplemental to the raising of crops. The storage
of crops, grains, feeds or other products shall be limited to those
raised on or to be consumed on the premises.
A dedicated public right-of-way which provides a secondary
means of access to and from streets and lots.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
An establishment where animals are admitted principally for
examination, treatment, board or care by a doctor of veterinary medicine.
This includes kennels which are totally enclosed within the establishment
and which have no outdoor facilities.
A room or suite of rooms within a multi-family dwelling arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
A request for a review of the interpretation of any provision
of this Article or, in the case of flood protection, a request for
a variance.
A water-bearing rock medium; rock or sediment formation that
can store and transmit water to wells.
Confined aquifer. An aquifer overlain and underlain
by confining beds that have significantly lower hydraulic conductivity
than that of the aquifer medium; also called an artisan aquifer.
Unconfined aquifer. An aquifer above which
there are no confining rock layers of lower hydraulic conductivity
to stop or significantly decrease water movement.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
A residential care facility for elderly persons that is licensed
by the State, containing a common dining facility and accessory uses
typically needed by elderly residents. Medication dispensing and assistance
with daily living activities may be provided.
All types of repair to automobiles, trucks, motorcycles,
motor homes, recreational vehicles or boats including the sale, installation
and servicing of related parts and equipment. This classification
includes engine and transmission repair, upholstery repair shop, vehicle
painting and repairs to other primary mechanical components that typically
require more than a single day to complete. This classification excludes
vehicle dismantling or salvage and tire retreading or recapping.
Establishments replacing and replenishing motor vehicle fluids
and lubrication (excluding fuel), performing maintenance and minor
repair (tune-ups, tires, shocks, brakes, etc.), washing, waxing or
detailing vehicles, emissions testing with minor repair and other
similar maintenance or minor repair of light vehicles primarily involving
same day service. This classification does not include removal and
repair of primary mechanical components, e.g., engine, transmission,
differential and similar components, which is classified under Automobile
and Vehicle Repair, Major.
A structure and surrounding land used for the storage and
sale of petroleum fuel, including self-service, primarily to passenger
vehicles and/or for accessory uses, such as the sale of lubricants,
accessories or supplies; the incidental washing of motor vehicles
and the performing of minor repairs; but not including tire recapping,
body repairs, major overhaul, provision of rental equipment or open
sales lots.
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) partly or totally on all sides.
A dwelling where for compensation one (1) or more rooms are
available for lodging and breakfast served to lodgers only. When conducted
as a home occupation, such facilities are designated as "homes". When
designated as an "inn", such facilities may be operated as a home
occupation or as a business enterprise. When specifically permitted,
tea rooms for a limited number of customers may be operated in conjunction
with bed and breakfast inns.
A piece or parcel of land entirely surrounded by public highway
or streets, other than alleys.
The Board of Aldermen of Kearney, Missouri.
A building, other than a hotel, occupied as a single housekeeping
unit where lodging or meals are provided for three (3) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
A pedestrian connection between two (2) buildings having
a permanent roof and floor and having no sidewalls except that screenwire
or lattice having at least fifty percent (50%) open area may be attached
in the form of sidewalls.
An open and unpaved ground area around the perimeter of a
tract landscaped or planted so as to provide an attractive green space,
having a grade not exceeding two to one (2:1) and a width of not less
than thirty-five (35) feet.
The width of that part of a lot not included within the open
spaces herein required.
A structure having a roof supported by columns or walls whether
or not completely enclosed and when separated by party walls without
openings, it shall be deemed a separate building. When divided by
other than common or contiguous walls, each portion or section of
such building shall be regarded as a separate building, except that
two (2) buildings connected by a breezeway having a continuous roof
shall be deemed as one (1) building.
A building having two (2) walls in common with other buildings.
A building having no walls in common with another building.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point on a flat roof; to the deck line of a mansard roof; and to the
average height between the plate and ridge of a gable or hip roof.
Chimneys, antennae and other similar extensions above any of the above
roof types shall not be considered part of a building height.
A building having one (1) wall in common with another building.
The height, area, yard and parking regulations associated
with permitted uses in zoning districts.
The office of a dentist, doctor, attorney, real estate or
insurance agent, architect, engineer and other similar professional
person and any office used primarily for accounting, correspondence,
research, editing or administration, but not including rooms for the
overnight care of patients.
Establishments located primarily indoors providing services
to businesses including, but not limited to, business equipment repair
services, window cleaning, janitorial services.
The diameter of a tree measured four (4) feet above finished
grade.
Any parcel of ground which provides space for transient occupancy
and is used or intended to be used for the parking of one (1) or more
camping trailers, tents or similar recreational vehicles. The term
campgrounds does not include sales lots on which unoccupied camping
trailers, whether new or used, are parked for the purpose of storage,
inspection or sale.
Any vehicular portable dwelling unit designed especially
for short-term occupancy such as travel trailers, tent trailer, truck
or auto-mounted camping units, converted buses and trucks and all
other similar units whether self-propelled, pulled or hauled and designed
primarily for highway travel without the necessity of a special permit.
A roofed structure providing space for the parking of motor
vehicles and full open on not less than two (2) sides.
Also known as a child day care center, is a child care program
conducted in a location other than the provider's permanent residence,
or separate from the provider's living quarters, where care is provided
for children not related to the child care provider for any part of
the twenty-four (24) hour day in accordance with State requirements.
Any private residence licensed by the Division of Family
Services or Department of Mental Health to provide foster care to
one (1) or more, but not less than seven (7) children, who are unrelated
to either foster parent by blood, marriage or adoption.
Kearney, Missouri.
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed persons.
Any place that provides private meeting facilities. This
classification includes business and professional organizations, labor
unions, civic, social and fraternal organizations, and political organizations.
A parcel of land or an area of water or combination of both
land and water and designed and intended for the use and enjoyment
of the residents of the development. Common open space does not include
streets, alleys, parks, off-street parking or loading area, publicly
owned open space or other facilities dedicated by the developer for
public use. Common open space must be substantially free of structures.
The design, arrangement and location of buildings and structures
or other created or natural elements of the urban environment which
are sufficiently consistent in scale, character, sitting, coloring
or materials with other buildings or elements in the area, so as to
avoid abrupt or severe differences.
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones") to a marijuana dispensary, a marijuana testing
facility, or a comprehensive marijuana-infused products manufacturing
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. 1512-2023, 1-17-2023]
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient or primary caregiver, as those terms are defined in Section 210.1802 of the City Code, 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 Chapter 210 of the City Code, and as otherwise allowed by law. Comprehensive marijuana 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 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. 1512-2023, 1-17-2023]
A facility licensed by the Department to acquire, process,
package, store. manufacture, transport to or from a marijuana dispensary
or a marijuana testing facility, and sell marijuana-infused products,
prerolls, and infused prerolls to a marijuana dispensary, a marijuana
testing facility, or another comprehensive 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. 1512-2023, 1-17-2023]
A use of any building, structure or parcel of land by the
Planning and Zoning Commission that, by its nature, is perceived to
require special care and attention in siting so as to assure compatibility
with surrounding properties and uses. Conditional uses may have special
conditions and safeguards attached to assure that the public interest
is served.
A building or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by the owners on a proportional undivided basis.
A residential facility for elderly persons within which are
provided living and sleeping facilities, meal preparation, laundry
services and room cleaning. Medical services are not required to be
provided.
A person who is at least twenty-one (21) years of age.
[Ord. No. 1512-2023, 1-17-2023]
The process of making ground water impure, unclean, inferior
or unfit for domestic uses by introduction of undesirable elements.
Detailed plans for control, containment, recovery and cleanup
of hazardous materials released during floods, fires, equipment failures,
leaks and spills.
An establishment where liquids used as motor fuels are stored
and dispersed into the fuel tanks of motor vehicles by persons other
than the service station attendant and may include facilities for
the sale of other retail products such as prepackaged food products,
household items and goods commonly associated with the same and having
a gross floor area of less than five thousand (5,000) square feet.
An open space bounded on three (3) or more sides by exterior
buildings, walls or by exterior walls of a building and lot lines
upon which walls or fences are allowable.
The mean level of the curb in front of the lot or, in the
case of a corner lot, along that abutting street where the mean curb
level is the highest.
The number of dwelling units per acre of land, measured in
gross area.
The Department of Health and Senior Services or its successor
agency.
[Ord. No. 1512-2023, 1-17-2023]
The owner, or any other person, firm or corporation authorized
by the owner, undertaking proceedings under the provisions of these
regulations for the purpose of rezoning or seeking a conditional use
on land.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
An enterprise which accommodates the patrons' automobiles
and from which the occupants of the automobiles may make purchases,
transact business or view motion pictures or other entertainment.
A lot or land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning or storage of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles, or parts thereof,
or waste material of any kind.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A residential building which is joined to another dwelling
at one (1) or more sides by all or a substantial portion of a party
wall or walls including walls of an attached garage.
A residential building which is entirely surrounded by open
space on the same lot.
A building designed for or occupied exclusively by three
(3) or more families living independently of each other.
A detached dwelling, designed for or occupied by one (1)
single family, containing one (1) dwelling unit. For the purposes
of these zoning regulations, child foster care homes and group homes
shall be considered single-family dwellings.
A building designed for or occupied by two (2) families living
independently of each other in separate dwelling units.
One (1) or more rooms constituting all or part of a dwelling
which are used exclusively as living quarters for one (1) family and
not more than two (2) roomers or boarders and which contain a stove,
sink and other kitchen facilities.
A legal interest in land, granted by the owner to another
person, which allows that person(s) the use of all or a portion of
the owners land, generally for a stated purpose including, but not
limited to, access or placement of utilities.
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred to as "existing
structures".
Something built, installed or established for a particular
purpose.
One (1) or more persons who are related by blood, marriage
or legal adoption living together as a single household unit; a group
of not more than eight (8) persons not related by blood, marriage
or adoption, living together as a single household unit sharing common
living, sleeping, cooking and eating facilities.
See "Child Care".
A child care program where care is provided for no more than
ten (10) children not related to the child care provider for any part
of the twenty-four (24) hour day in accordance with State requirements.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
Any combination of structural and non-structural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
The area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
For computing off-street parking requirements, "floor
area" shall mean the gross floor area of the building measured
from the exterior faces of the exterior walls or from the centerline
of walls separating two (2) buildings and shall include all floors,
except that space which is used for storage.
An association formally organized for either fraternal, social,
educational, philanthropic or other similar purposes, including union
and professional organizations, and operated not for profit for persons
who are bona fide members paying annual dues, which owns, hires or
leases premises, when food and beverages may be served and the use
of such premises is restricted to such members and their guests.
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, clogged bridge openings
and the hydrological effect of urbanization of the watershed.
That part of a lot or tract of land which borders along any
given access to a public street or public right-of-way with a dead-end
street, all property abutting one (1) side of such street measured
from the nearest intersecting street and the end of the dead-end street.
Such public street or right-of-way shall not include an alley or access
to the rear of such lot or tract.
A building or parking structure used for the parking and
storage of vehicles accessory to a dwelling on the same lot and attached
thereto by a common wall and/or common roof structure. An attached
garage shall be considered part of the main structure and shall be
fully enclosed and roofed.
A detached accessory building or portion of a dwelling structure
which is designed or used for the storage of vehicles and which is
fully enclosed and roofed and excludes a carport or other open shelter.
A dwelling not more than two and one-half (2½) stories
or thirty-five (35) feet in height, containing three (3) or more dwelling
units.
Also known as a group day care home, is a child day care
program conducted in a location other than the provider's permanent
residence, or separate from the provider's living quarters, where
care is given by a person licensed as a group day care home provider
for eleven (11) to twenty (20) children not related to the child care
provider for any part of the twenty-four (24) hour day in accordance
with State requirements and licensing.
A structure which provides residential, non-institutional
housing for a group of six (6) or more unrelated individuals or related
and unrelated individuals, where physical assistance and/or other
supportive services are provided by professional support persons at
least one (1) of whom lives in the residence. A group home shall have
no more than ten (10) residents, inclusive of supervisory personnel,
except as otherwise provided in this Code. A group home is further
defined as Type A or Type B according to its client population as
listed below.
A group home serving no more than eight (8) handicapped individuals.
A Type A group home may be further defined as follows:
|
GROUP HOME FOR DEVELOPMENTALLY DISABLED PERSONS — A state-licensed
group home exclusively for the care of persons with developmental
disabilities as defined and regulated by the Missouri Department of
Human Services or other authorized agency.
| |
|
GROUP HOME FOR ELDERLY PERSONS — A group home of persons
sixty (60) years of age or older who do not require medical attention
associated with a residential health care facility. Group homes for
elderly persons shall be licensed as an assisted living residence
or alternative care facility by the Missouri Department of Public
Health or other authorized agency.
| |
|
GROUP HOME FOR MENTALLY ILL PERSONS — A state-licensed
group home exclusively for the care of persons with mental illness
as defined and regulated by the Missouri Department of Public Health
or other authorized agency.
|
A group home that does not meet the definition of a Type
A group home whose residents are not handicapped or protected under
Federal or State fair housing legislation. A Type B group home shall
also include a Type A group home which exceeds eight (8) handicapped
residents subject to the provision for reasonable accommodation.
Living quarters within a detached, accessory building located
on the same lot with the main building for use by temporary guests
of the occupants of the premises, such quarters having no kitchen
facilities and not rented or otherwise used as a separate dwelling.
A material which is defined in one (1) or more of the following
categories:
Ignitable: A gas, liquid or solid which may
cause fires through friction, absorption of moisture or which has
low flash points. Examples: white phosphorous and gasoline.
Carcinogenic: A gas, liquid or solid which
is normally considered to be cancer causing or mutagenic. Examples:
PCBs in some waste oils.
Explosive: A reactive gas, liquid or solid
which will vigorously and energetically react uncontrollably if exposed
to heat, shock, pressure or combinations thereof. Examples: dynamite,
organic peroxides and ammonium nitrate.
Highly toxic: A gas, liquid or solid so dangerous
to man as to afford an unusual hazard to life. Examples: parathion
and chlorine gas.
Moderately toxic: A gas, liquid or solid which
through repeated exposure or in a single large dose can be hazardous
to man. Example: atrazine.
Corrosive: Any material, whether acid or alkaline,
which will cause severe damage to human tissue or, in case of leakage,
might damage or destroy other containers of hazardous materials and
cause the release of their contents. Examples: battery acid and phosphoric
acid.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any occupation or business activity conducted for financial
gain which results in a product or service and is conducted in whole
or in part in the dwelling unit and is clearly subordinate to the
residential use of the dwelling unit.
A public agency or private organization or subdivision of
either unit that is primarily engaged in providing care to dying persons
and their families.
A building or group of buildings with access provided through
a common entrance, lobby or hallway where sleeping accommodations
are designed, intended to be used on or are used, rented or hired
out as temporary, overnight or weekly accommodations for guests.
Lighting of a sign or object in such a way that the source
of light cannot be seen.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, iron, steel and other old or scrap ferrous
or non-ferrous material.
Premises or a building which is maintained, operated or used
for disposal, storing, keeping, buying or selling junk.
A commercial operation that:
Any unplanned or improper discharge of a potential contaminant,
including any discharge of a hazardous material.
A space within the main building or on the same lot, providing
for the loading or unloading of trucks, within a minimum of fourteen
(14) by fifty (50) feet and a vertical clearance of eighteen (18)
feet.
A parcel of land occupied or intended for occupancy by one
(1) main building or a complex of buildings together with the accessory
structures and including the open spaces and parking required by these
regulations, which may include more than one (1) lot of record or
metes and bounds described tract having its principal frontage upon
a public street.
The total area within the property lines of a lot or tract.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the Building Inspector.
That portion of a lot improved with covered structures.
The mean (average) horizontal distance between the front
and rear lot lines.
A lot whose side lines do not abut upon any street.
The boundary lines of a lot. If a zoning lot has two (2)
or more front lot lines, the owner shall designate the yard which
is to be the rear yard.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the County Recorder of Deeds or a lot
which is described by metes and bounds, the description of which has
been recorded in the office of the Recorder of Deeds.
An interior lot having frontage on two (2) streets.
The horizontal distance between the side lot lines as measured
at the front building line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of these regulations.
A residential building or dwelling unit which is either wholly
or partially constructed or assembled off the site in accordance with
Section 18551 of the Health and Safety Code and certified under the
National Housing Construction and Safety Standards Act of 1974. (42
U.S.C. Section 4401 et. seq.)
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" does not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3%) on a dry-weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 1512-2023, 1-17-2023]
A medical marijuana dispensary facility, a comprehensive marijuana dispensary facility, or a microbusiness as those terms are defined herein or in Article XIV of the Missouri Constitution.
[Ord. No. 1512-2023, 1-17-2023]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 1512-2023, 1-17-2023]
A facility certified by the State to transport marijuana to a qualifying patient or a primary caregiver, as those terms are defined in Section 210.1802 of the City Code, or to a medical marijuana cultivation facility, a comprehensive marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a comprehensive marijuana-infused products manufacturing facility, a marijuana dispensary, a marijuana testing facility, or another marijuana transportation facility.
[Ord. No. 1512-2023, 1-17-2023]
A facility licensed by the Department, to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, marijuana testing facility, or to a medical marijuana-infused products manufacturing facility and shall also mean a comprehensive marijuana cultivation facility, as that term is defined in Article XIV of the Missouri Constitution.
[Ord. No. 1396-2019, 5-20-2019; Ord. No. 1512-2023, 1-17-2023]
A facility licensed by the Department, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, as those terms are defined in Section 210.1802 of the City Code, or another medical marijuana dispensary facility.
[Ord. No. 1396-2019, 5-20-2019; Ord. No. 1512-2023, 1-17-2023]
A facility licensed by the Department, to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a marijuana testing facility, or another
medical marijuana-infused products manufacturing facility.
A structure built prior to 1974 capable of being transported
in one (1) or more sections and designed to be used with or without
a permanent foundation as a single-family dwelling unit when connected
to on-site utilities, excluding recreational vehicles, manufactured
homes and factory-built building.
A dwelling structure located on a permanent foundation and
connected to public utilities, consisting of pre-selected, prefabricated
units or modules and transported to and/or assembled on the site of
its foundation; in contradistinction to a dwelling structure which
is custom-built on the site of its permanent location; and also in
contradistinction to a manufactured home, either single-width, double-width
or multi-width, located on a permanent foundation. In general, such
modular homes shall have exterior building materials and similar appearance
to custom-built single-family dwellings.
A commercial use or activity which as a principal part of
its operations provides goods or services to motor vehicles or occupants
of motor vehicles in a short time span or which provides goods or
services to occupants of motor vehicles remaining within the vehicles.
For the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by the City and
includes any subsequent improvements to such structures.
An unimproved lot which does not comply with the lot requirements
for any permitted use in the zoning district in which it is located.
A building, sign or structure or a portion thereof lawfully
existing pursuant to the ordinances in effect at the time of its construction
or subsequent alteration, but which does not comply with any development
criteria or requirements of the present zoning district regulations.
Any land occupied by a use at the time of the effective date
of this Chapter which does not conform with the provisions of the
same.
A program operated by a person or organization with the primary
function of providing an educational program for preschool-age children
for no more than four (4) hours per child per day in accordance with
State requirements.
An establishment or agency licensed by the State for the
boarding and care or treatment of three (3) or more unrelated individuals.
An area or portion of land, either landscaped or essentially
unimproved and which is used to meet human recreational or spatial
needs or to protect water, air or plant areas. Open space may include,
but is not limited to, lawns, decorative plantings, walkways, active
and passive recreation areas, playgrounds, fountains, swimming pools,
wooded areas and watercourses. Open space shall not be deemed to include
driveways, parking lots or other surfaces designed or intended for
vehicular travel.
Open space areas within a development which are designed
or intended for the use and enjoyment of the residents and their guests.
Facilities for various outdoor participant sports and types
of recreation where a fee is charged for use, including amphitheaters,
amusement and theme parks, golf driving ranges, skateboard parks,
stadiums and coliseums, swim and tennis clubs, tennis courts, water
slides, race tracks and zoos.
The display and sales of products or services primarily outside
a structure and limited to those items generally stored, used or inspected
outdoors.
The keeping in an enclosed area of goods, materials or merchandise
for a period of longer than twenty-four (24) hours.
A district in which additional requirements act in conjunction
with the underlying zoning district(s). The original zoning district
designation does not change.
Construction with pre-engineered wall sections, roof and
floor trusses, and decking that are produced in a factory and shipped
to the building site for final construction.
A permanently surfaced dust-free area enclosed or unenclosed
to store one (1) automobile, having the minimum dimensions of nine
(9) feet by twenty (20) feet, to which an automobile has direct access
from a permanently surfaced dust-free drive.
Any individual, firm, co-partnership, corporation, company,
association, joint stock association or body politic and includes
any trustee, receiver, assignee or other similar representative thereof.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
Facilities operated for worship or to conduct religious activities,
including churches, mosques, synagogues and religious instruction.
May include accessory uses on the same site, such as living quarters
for clergy and staff and child or senior day care facilities. Other
establishments maintained by religious organizations, such as reading
rooms, full- time educational institutions, hospitals or recreational
camps, are classified according to their respective activities.
A tract of land under single ownership or control which is
to be developed in accordance with a plan adopted by resolution and
the boundaries of which are established to the Zoning District Map.
A tank, pit, container, pipe or vessel of first (1st) containment
of a liquid or chemical.
An association organized and operated either for or not for
profit for persons who are bona fide members paying annual dues, which
owns, hires or leases premises, where food and beverages may be served
and the use of which premises is restricted to such members and their
guests.
A facility operated by a government agency for public safety
and emergency services, including a facility that provides EMS, Police
and Fire protection.
Any firm, agency or organization duly authorized to furnish
to the public under State or municipal regulations electricity, gas,
steam, communications, telegraph, transportation or water.
A system for the provision to the public of piped water for
human consumption, if such system has at least ten (10) service connections
or regularly serves an average of at least twenty-five (25) individuals
at least sixty (60) days out of the year. Such term shall include
any source, treatment, storage or distribution facilities under control
of the operator of the system and used primarily in connection with
the system and any source, treatment, storage or distribution facilities
not under such control but which are used in connection with such
system.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
A recycling facility used for the acceptance by donation,
redemption or purchase of recycling materials from the public. Facility
includes equipment for compacting, baling, plastic shredding and other
activities necessary for efficient temporary storage and material
shipment.
The water surface elevation of the 100-year flood.
A building wherein food is prepared and served to the public
in ready-to-eat form. The term shall include cafe, cafeteria grills,
pizza parlor, diner, snack shop, hamburger shop and steak house.
Service of patrons in vehicles from a window adjacent to
a drive aisle or lane. This activity may occur in conjunction with
a restaurant or beverage sales business.
Any business establishment whose principal business is providing
for the preparation or sale of prepared foods, frozen desserts or
beverages for either carry out/delivery or for consumption on the
premises where either:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers and
where customers are not served their food, frozen desserts or beverages
by a restaurant employee at the same table or counter where the items
are consumed, or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
See "Nursing Home".
An area of land, with or without building, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as waste paper, rags
or scrap material; or used building materials, house furnishings,
machinery, motor vehicles or parts thereof with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
A salvage yard shall also include the dismantling or wrecking of used
motor vehicles or trailers or the storage, sale or dumping of dismantled
or wrecked vehicles or their parts. The presence on any lot or parcel
of land of two (2) or more motor vehicles which, for a period exceeding
thirty (30) days, have not been capable of operating under their own
power or from which parts have been removed for reuse or sale shall
be considered to be a salvage yard.
A building(s) or structure(s) designed and/or operated to
provide individual spaces to the general public for the sole purpose
of storage.
The land within a community subject to a one percent (1%)
or greater chance of flooding in any given year. This land is identified
as Zone A on the official map.
For other than new construction, includes substantial improvement
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty (180)
days of the permit date. The "actual start" means
either the first (1st) placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds, not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual "start of construction" means the first
(1st) alteration of any wall, ceiling, floor or other structural part
of a building, whether or not that alteration affects the external
dimensions of the building.
A private vehicular access way shared by and serving two
(2) or more lots, which is not dedicated to the pubic and is not publicly
maintained. Private streets and alleys may be established only under
the terms of the Unified Development Code.
A public dedicated right-of-way, other than an alley, which
affords the principal means of vehicular access to abutting property.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any complete
rebuilding of the roof or the exterior walls. For the purpose of these
regulations, the following shall not be considered a structural alteration:
A walled and roofed building that is principally above ground,
as well as a manufactured home, and a gas or liquid storage tank that
is principally above ground. The term does not include fences or public
items such as utility poles, street light fixtures and street signs.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure" provided that the alteration
will not preclude the structure's continued designation as a "historic
structure".
Facilities designed and/or used for the purpose of transmitting,
receiving or relaying voice and/or data signals from various wireless
communication devices, including transmission tower, antenna and/or
facility designed or used for that purpose. Amateur radio transmission
facilities, facilities operated exclusively as part of a public safety
network, and facilities used exclusively for the transmission of television
and/or radio broadcasts are not telecommunication facilities.
A vehicle storage area at least two thousand seven hundred
(2,700) square feet in size completely enclosed by a privacy fence
not less than six (6) feet high and sufficiently secured by gates
and locks to prohibit intrusion of unauthorized persons. The tow lot
area shall consist of a gravel surface.
A building containing two (2) or more dwelling units, which
dwelling units are separated by a party wall and which dwelling units
are designed and intended to be separately owned in fee under the
condominium Statutes of the State of Missouri.
Includes a separate vehicle not driven or propelled by its
own power, drawn by some independent power. For purposes of these
regulations, the term "trailer" shall not include mobile, manufactured
or modular homes.
Any piece, parcel, tract or plot of ground which provides
space for transient occupancy and is used or intended to be used for
the parking of one (1) or more camping trailers. The term "trailer
camp" does not include sales lots on which unoccupied camping trailers,
whether new or used, are parked for the purpose of storage, inspection
or sale.
The specific purpose for which land or a building is used.
An appeal from the provisions of these regulations granted
by the Board of Adjustment where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of the regulations. Variances shall apply to the construction or alteration
of buildings or structures or the use of land so that the spirit of
the ordinance shall be observed, public safety and welfare secured
and substantial justice done. For the purposes of the Floodplain Overlay
District, a variance is a grant of relief to a person from the requirements
of the Floodplain Overlay District which permits construction in a
manner otherwise prohibited by the Floodplain Overlay District where
specific enforcement would result in unnecessary hardship and practical
difficulties.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required in these
regulations is presumed to be in violation until such time as that
documentation is provided.
A triangular area at a street intersection in which nothing
shall be erected, placed (including automobiles, trucks and other
large vehicles or trailers), planted or allowed to grow in such a
manner as to materially impede vision and, therefore, the safety of
vehicles and pedestrians between the height of thirty-three (33) inches
and eight (8) feet above the grades of the bottom of the curb of the
intersecting streets. Such area on a corner lot shall have two (2)
sides which are measured from the center of the lot line intersection
and a third (3rd) side across the lot joining the ends of the other
two (2) sides. Where the lot lines at intersections have rounded corners,
the lot lines will be extended in a straight line to a point of intersection.
A building used primarily for the storage of goods and materials.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that creates hazardous or commonly
recognized offensive conditions.
The selling of goods, equipment or materials to another business
that in turn sells to other customers.
A required open space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure from the ground
upward; provided however, that fences, walls, poles, posts and other
customary yard accessories, ornaments and furniture may be permitted
in any yard subject to height limitations and requirements limiting
obstruction of visibility.
A yard extending across the full width of the lot, the depth
of which is the least distance between the lot line or road easement
or right-of-way line and the front building line.
A yard extending across the full width of the lot between
the rear building line and the rear lot line, the depth of which is
the least distance between the rear lot line and the rear building
line.
A yard between the side building line and the side lot line
and extending from the front yard to the rear yard and being the least
distance between the side lot line and the side building line.
[1]
Editor's Note: The definition of "medical marijuana testing
facility," which immediately followed this definition, was repealed
1-17-2023 by Ord. No. 1512-2023. Prior history includes Ord. No. 1396-2019.
