For
the purpose of this Chapter, and unless the context clearly indicates
an alternate meaning, the following words and terms as used herein
are defined to mean the following:
ACCESSORY BUILDING OR USE
A subordinate building, including, but not limited to, a
storage building, having a use customarily incident to and located
on the same lot occupied by the main building; or a use customarily
incident to the main use of the property; provided, however, that
an accessory building shall not be used as guest quarters for any
lodging facility, including, but not limited to, guest houses, bed
and breakfast inns, bed and breakfast homes, hotels and motels.
[Ord. No. 2237, 5-24-2021]
ADMINISTER, MEDICAL MARIJUANA
The direct application of marijuana to a qualifying patient, to the extent allowed by and pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
[Ord. No. 2175, 11-25-2019]
1.
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
2.
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
3.
Application of ointments or balms;
4.
Transdermal patches and suppositories;
5.
Consuming marijuana-infused food products; or
6.
Any other method recommended by a qualifying patient's physician as authorized by Article
XIV, Section 1 of the Missouri Constitution.
ALLEY
A minor way affording secondary access to properties which
otherwise abut on a street.
ALTERATION
Any act or process that changes one (1) or more of the exterior
architectural features of a structure including, but not limited to,
the erection, construction, reconstruction or removal of any structure.
APARTMENT
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
APARTMENT HOUSE
A building arranged, intended or designed for more than two
(2) family units.
AREA
A specific geographic division of the City of Hermann.
BANNER
Signs made of cloth, vinyl or other flexible material that
are mounted by means of staples, ties or other similar temporary supports.
BASEMENT
A story partly underground. A basement shall be counted as
a story if the vertical distance between the ceiling and the average
level of the adjoining ground is more than five (5) feet or if used
for business or dwelling purpose.
BED AND BREAKFAST HOME
A private, owner-occupied dwelling containing not more than
four (4) guest rooms in which transient guests are lodged for sleeping
purposes overnight for compensation (“Guests”). A Bed
and Breakfast Home may provide food service to paying overnight Guests
staying at this lodging location only. Food service shall not be provided
to guests at other lodging facilities. The dwelling must be the primary
residence of the owner of record.
[Ord. No. 1954 §1, 12-8-2014; Ord. No. 2116, 9-24-2018; Ord. No. 2237, 5-24-2021]
BED AND BREAKFAST INN
A private dwelling containing not more than ten (10) guest
rooms in which transient guests are lodged overnight for sleeping
purposes for compensation (“Guests”). A Bed and Breakfast
Inn may provide food service to paying overnight Guests staying at
this lodging location only. Food service shall not be provided to
guests at other lodging locations.
[Ord. No. 1954 §1, 12-8-2014; Ord. No. 2116, 9-24-2018; Ord. No. 2237, 5-24-2021]
BOARD
The Board of Adjustment of the City of Hermann.
BOARDING HOUSE
A dwelling occupied by a resident family or resident occupant
and one (1) or more rent-paying persons to whom meals are provided
on the premises.
BREWERY
A business whose primary activity is the brewing and selling
of beer, with an annual production of more than ten thousand (10,000)
barrels, and which engages in such other uses as may be incidental
thereto.
[Ord. No. 2323, 11-28-2022]
BUILDING
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
BUILDING, HEIGHT OF
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of the coping
of a flat roof, or to the deck line of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Landmarks Commission indicating
its approval of plans for alteration, construction, removal or demolition
of a landmark or of a structure within a historic district.
CERTIFICATE OF ECONOMIC HARDSHIP
A certificate issued by the Landmarks Commission authorizing
an alteration, construction, removal or demolition, even though a
Certificate of Appropriateness has previously been denied.
CHILD DAY CARE FACILITY
A house or other place conducted or maintained by any person
who advertises or holds himself/herself out as providing care for
more than four (4) persons during the daytime, for compensation or
otherwise, except those operated by a school system, but a child day
care facility shall not include an elementary or secondary school,
a religious organization academic preschool or kindergarten, or a
home school.
[Ord. No. 2175, 11-25-2019]
CHURCH
A building, including, but not limited to, a church, synagogue,
temple, mosque, cathedral, chapel, sanctuary, or other facility wherein
persons regularly assemble for religious worship maintained and controlled
by a religious body having a principal use of religious worship or
the offering of religious services of any denomination.
[Ord. No. 2175, 11-25-2019]
CLUB, PRIVATE
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 and enumerated persons.
COMMISSION
The Planning and Zoning Commission of the City of Hermann.
CONSTRUCTION
The act of adding an addition to a structure or the erection
of a new principal or accessory structure on a lot or property.
CONDITIONAL USE
A temporary use of a building or land not otherwise permitted within a zoning district but which is allowed after a permit is granted in accordance with the provisions of Section
420.730.
COURT
An open, unoccupied space, other than a yard, bounded on
three (3) or more sides by exterior walls of a building or by exterior
walls of a building and lot lines on which walls are allowable.
CURB LEVEL
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
DEMOLITION
Any act or process that destroys in part or in whole a structure.
DEPARTMENT
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 2175, 11-25-2019]
DESIGN GUIDELINES
Standards of appropriate activity that will preserve the
historic and architectural character of a structure or area.
DETACHED
When applied to a building, one which is surrounded by yards
or other open spaces.
DISTILLERY
A business whose primary activity is to produce beverage-grade
spirit alcohol, with an annual production of more than one hundred
thousand (100,000) proof gallons per year. A “proof gallon”
is one (1) liquid gallon of spirits that is fifty percent (50%) alcohol
at sixty degrees Fahrenheit (60° F.) A distillery may also engage
in such other uses as may be incidental to the production of beverage-grade
spirit alcohol.
[Ord. No. 2323, 11-28-2022]
DRIVE-IN ESTABLISHMENT
Any restaurant, financial institution or product vending
enterprise where the patron does not enter and remain within a building
during the transaction of business.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple dwellings,
boarding and lodging houses, group homes, apartment houses and town
houses, but not hotels. The classification single- family dwelling
shall include any home in which eight (8) or fewer unrelated mentally
or physically handicapped persons reside and may include two (2) additional
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home and shall include 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 fewer than seven
(7) children who are unrelated to either foster parent by blood, marriage
or adoption.
ELEMENTARY SCHOOL
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than pre-school nor higher than the
eighth grade.
[Ord. No. 2175, 11-25-2019]
ENTITY
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 2175, 11-25-2019]
EXTERIOR ARCHITECTURAL APPEARANCE
The architectural character and general composition of the
exterior of a structure, including but not limited to, the building
material and exterior details such as windows, doors and appurtenant
elements.
FAMILY
An individual, or two (2) or more persons who are related
by blood or marriage, living together and occupying a single housekeeping
unit with single kitchen facilities, or a group of not more than five
(5) persons (excluding servants) living together by joint agreement
and occupying a single housekeeping unit with single kitchen facilities
on a non-profit cost-sharing basis.
FLOWERING PLANT, MARIJUANA
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 2175, 11-25-2019]
HISTORIC DISTRICT
An area designated as a "Historic District" or "Historic
Overlay District" on the Hermann Zoning District Map which contains
within its boundaries one (1) or more landmarks and which may have
within its boundaries other properties or structures that, while not
of such historic and/or architectural significance to be designated
as landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located within the historic district.
HOTEL
A commercial establishment in one (1) or more buildings on
one (1) continuous tract or parcel of land offering lodging primarily
to transient guests, providing a minimum of one (1) or more sleeping
rooms, lavatory and toilet facilities. A hotel may contain several
other types of businesses operated or leased on site such as a restaurant,
catering, small shops, spa or conference center consistent with the
zoning district in which the hotel is located.
LANDMARK
A property or structure designated as a "landmark" by ordinance of the Board of Aldermen, pursuant to procedures prescribed
in this Chapter, that is worthy of rehabilitation, restoration and
preservation because of its historic and/or architectural significance
to the City of Hermann.
LODGING ESTABLISHMENT
Any building or group of buildings which is used, advertised
or held out to the public for hire which can be construed to be a
hotel, motel, tourist home, vacation rental, bed and breakfast home,
bed and breakfast inn, guest house or other similar place by whatever
name called and includes accommodations for transient guests.
[Ord. No. 1954 §1, 12-8-2014]
LOT
A parcel of land occupied or to be occupied by one (1) main
building or group of buildings and the accessory buildings and the
uses customarily incident thereto, including such open spaces as are
required under this Chapter and having frontage upon a public street.
A lot as used herein may consist of one (1) or more platted lots,
or tract or tracts as conveyed, or parts thereof.
LOT, CORNER
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 Zoning Inspector.
LOT DEPTH
The mean horizontal distance from the front street line to
the rear lot line.
LOT LINE, FRONT
The boundary between a lot and the street on which it fronts.
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
LOT LINE, REAR
The boundary line which is opposite and most distance from
the front street line; except that in the case of uncertainty the
Zoning Inspector shall determine the rear line.
LOT LINE, SIDE
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on an alley or
place, or a side street line.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two (2) streets.
LOT WIDTH
The horizontal distance between side lines, measured at the
front building line.
MAINTENANCE
Any work intended to correct or prevent any deterioration
or decay of or damage to a structure or any part thereof and to restore
the same, as nearly as may be practicable, to its condition prior
to the occurrence of such deterioration, decay or damage.
MANUFACTURED HOME
A structure, bearing a label certifying that it is built
in compliance with the Federal Manufactured Home Construction and
Safety Standards Act of 1974 (42. U.S.C. Sec. 501), transportable
in one (1) or more sections, which, in the traveling mode, is eight
(8) body feet or more in width or forty (40) body feet or more in
length or, when erected on site, is three hundred twenty (320) or
more square feet, 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; except
that such term shall not include any self-propelled recreational vehicle.
MANUFACTURER, MEDICAL MARIJUANA
Every person, partnership, firm, corporation, association,
limited liability company, or other legal entity engaged in the cultivation
of a product or material, or in treating, processing treating, processing,
refining, improving, combining, fabricating, assembling or otherwise
adding to the utility value, or appearance of commodities and other
personal property, whether done on order or for sale upon expected
or anticipated demand or orders for the manufactured goods. Medical
marijuana cultivation facilities and medical marijuana-infused products
manufacturing facilities are "light/heavy industrial/manufacturing"
uses for purposes of this Zoning Code.
[Ord. No. 2175, 11-25-2019]
MARIJUANA or MARIHUANA
Means 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" do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (3/10 of 1%) on a dry weight basis, or commodities
or products manufactured from industrial hemp.
[Ord. No. 2175, 11-25-2019]
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. 2175, 11-25-2019]
MEDICAL MARIJUANA USE
A medical marijuana use shall be defined as any of the following
herein defined entities:
[Ord. No. 2175, 11-25-2019]
1.
Medical marijuana cultivation facility.
2.
Medical marijuana dispensary.
3.
Medical marijuana-infused products manufacturing facility.
4.
Medical marijuana testing facility.
5.
Medical marijuana transportation facility.
6.
Any other entity currently or hereafter included in and regulated by Article
XIV, Section 1 of the Missouri Constitution.
MEDICAL MARIJUANA CULTIVATION
As related to activity authorized pursuant to Article
XIV, Section 1 of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
[Ord. No. 2175, 11-25-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
medical marijuana-infused products manufacturing facility, or medical
marijuana transportation facility.
[Ord. No. 2175, 11-25-2019]
MEDICAL MARIJUANA CULTIVATION IDENTIFICATION CARD
An additional, separate, or enhanced identification card
issued by the State of Missouri allowing the holder to cultivate medical
marijuana in amounts and in secure manners as authorized by the department,
only to the extent authorized by applicable law.
[Ord. No. 2175, 11-25-2019]
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 by the State of Missouri solely pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, medical marijuana transportation facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 2175, 11-25-2019]
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 testing
facility, medical marijuana transportation facility, or to another
medical marijuana-infused products manufacturing facility.
[Ord. No. 2175, 11-25-2019]
MEDICAL MARIJUANA, MEDICAL USE
The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product as provided by Article
XIV, Section 1 of the Missouri Constitution, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
[Ord. No. 2175, 11-25-2019]
MICROBREWERY
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
[Ord. No. 2098, 3-26-2018]
MICRODISTILLERY
A business whose primary activity is to produce beverage-grade
spirit alcohol, with an annual production of up to one hundred thousand
(100,000) proof gallons per year, and any other uses incident thereto.
A “proof gallon” is one (1) liquid gallon of spirits that
is fifty percent (50%) alcohol at sixty degrees Fahrenheit (60°
F.).
[Ord. No. 2098, 3-26-2018; Ord. No. 2323, 11-28-2022]
MOBILE HOME
A movable or portable residential dwelling that was fabricated
in an off-site manufacturing facility, designed to be a permanent
residence, constructed to be towed on its own chassis and designed
without a permanent foundation for long-term occupancy, which includes
a double-wide or expandable mobile home as defined below, as well
as a portable dwelling composed of a single unit, which may or may
not be in compliance with the Federal Manufactured Home Construction
and Safety Standards Act of 1976. The term "mobile home", as used in this Chapter, shall not include prefabricated, manufactured,
modular or unitized dwellings placed on permanent foundations, nor
shall it refer to travel trailers, campers or similar units designed
for recreation or other short- term uses. A mobile home may or may
not be permanently attached to the ground, and its transport features
may or may not be removed.
MOBILE HOME, DOUBLE-WIDE
A mobile home with two (2) or more units separately towable
but designed to be joined into one (1) integral unit at the site.
MOBILE HOME, EXPANDABLE
A mobile home with one (1) or more sections that fold, collapse
or telescope into the principal unit when being transported and which
can be expanded at the site to provide additional living area.
MODULAR HOME
A prefabricated dwelling, manufactured and designed off-site
and intended for long-term residential use, arriving at the site where
it is to be erected from more than one (1) section as a site-built
structure upon a permanent foundation, and which meets all applicable
codes and regulations for standard dwelling construction and in accordance
with the BOCA Basic Building Code. The term is intended to refer to
major assemblies composing the principal parts of a dwelling and is
not intended to refer to individual components such as prefabricated
panels, trusses, and other prefabricated sub-elements which are to
be incorporated into a structure otherwise constructed entirely at
the site.
MOTEL
A hotel having more than ten (10) rooms designed for motorists,
typically having rooms adjacent to an outside parking area.
NON-CONFORMING USE
Any building or land lawfully occupied by a use at the time
of passage of this Chapter, September 6, 1995, or any amendment to
this Chapter, which does not conform with the use regulations of the
district within which it is located.
NON-RETAIL MEDICAL MARIJUANA FACILITIES
A non-retail medical marijuana facility shall be defined
as any of the following herein defined entities:
[Ord. No. 2175, 11-25-2019]
1.
Medical marijuana cultivation facility.
2.
Medical marijuana-infused products manufacturing facility.
3.
Medical marijuana testing facility.
4.
Medical marijuana transportation facility.
5.
Any other entity currently or hereafter included in and regulated by Article
XIV, Section 1 of the Missouri Constitution.
OUTDOOR
A structure or area not enclosed by at least four (4) weathertight
walls and a roof.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner
of real property in the records of the Gasconade County Recorder of
Deeds.
PARKING SPACE
A surfaced area not less than nine (9) feet wide and twenty-two
(22) feet long either within a structure or in the open. The parking
space must be served with a driveway which provides access to a street
or alley. Such space shall not occupy any part of a required front
yard.
PHYSICIAN
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 2175, 11-25-2019]
PHYSICIAN CERTIFICATION
A document, whether handwritten, electronic or in another
commonly used, format, signed by a physician and stating that, in
the physician's professional opinion, the patient suffers from a qualifying
medical condition as defined in Missouri State law.
[Ord. No. 2175, 11-25-2019]
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such under the rules and regulations
of the department and possesses a department issued primary caregiver
or primary caregiver cultivation identification card.
[Ord. No. 2175, 11-25-2019]
PUBLIC HEARING
Any public meeting of a relevant body of the City of Hermann,
including, but not limited to, the Board of Aldermen, Planning and
Zoning Commission, Landmarks Commission or Board of Adjustment, for
which notice has been given in a manner and within the time required
or permitted by Chapter 610, RSMo., and at which interested persons
are permitted to appear and participate.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a department issued qualifying patient or qualifying patient cultivation
identification card.
[Ord. No. 2175, 11-25-2019]
REMOVAL
Any relocation of a structure on its site or to another site.
REPAIR
Any change to a structure that is not construction, removal
or alteration.
ROOMING HOUSE
A dwelling occupied by a resident family or resident occupant
and one (1) or more rent-paying persons.
SATELLITE TELEVISION ANTENNA
An apparatus, typically but not exclusively dish-shaped,
capable of receiving signals from geostationary orbital satellites.
SECONDARY SCHOOL
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than the sixth nor higher than the
twelfth grade.
[Ord. No. 2175, 11-25-2019]
SIGN
Any words, numerals, figures, devices, designs or trademarks
by which information is made known to the public outside a building.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between the floor and the ceiling
next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than four (4) feet above the floor of such story; provided however,
that any partial story used for residence purposes shall be deemed
a full story.
STREET
A public right-of-way which provides a public means of access
to abutting property. The term "street" shall include
avenue, drive, circle, court, road, parkway, boulevard, highway, way,
traffic way, thoroughfare or any other similar term.
STREET LINE
The dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected which requires permanent
or temporary location on or in the ground or is attached to something
having a location on the ground; including, but without limiting the
generality of the foregoing, buildings, fences, gazebos, advertising
signs, billboards, backstops for tennis courts, radio and television
antennae, including supporting towers, and swimming pools but excepting
customary utility poles, retaining walls and boundary fences.
TOTAL FLOOR AREA
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces and including utility rooms, stairways,
recreation rooms, storage rooms but excluding unroofed balconies and
patios.
TRANSIENT GUEST(S)
Any person or persons who rent and occupy a guest room in
a lodging establishment for a period of less than thirty-one (31)
days.
[Ord. No. 1954 §1, 12-8-2014]
VARIANCE
A variation from a specific requirement in this Chapter as
applied to a specific piece of property, as distinct from rezoning.
WINERY
An agricultural processing facility that produces wine from
fruit or fruit juices through fermentation which engages in such other
uses as may be incidental thereto.
[Ord. No. 2323, 11-28-2022]
YARD
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided in this Chapter.
In measuring a yard for the purpose of determining the width of a
side yard, the depth of a front yard or the depth of a rear yard,
the least horizontal distance between the lot line and the building
shall be used.
YARD, FRONT
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
YARD, REAR
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
YARD, SIDE
A yard between the main building and the adjacent side line
of the lot and extending entirely from the front yard to the rear
yard.