[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1268 §5, 12-29-1997; Ord. No. 1318 §1, 10-25-1999; Ord. No. 1371 §1, 2-11-2002; Ord. No. 1445 §1, 11-8-2004; Ord. No. 1809 §1, 1-27-2010]
A. 
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.
BOARD OF ALDERMEN
The Board of Aldermen 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]
GOVERNING BODY
The Board of Aldermen of the City of Hermann.
GUEST HOUSE
See "BED AND BREAKFAST INN".
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.
LANDMARKS COMMISSION
The Hermann Landmarks Commission.
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]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.
[Ord. No. 2175, 11-25-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to store and transport marijuana.
[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]
VACATION RENTAL OR HOME
See "bed and breakfast inn."
[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.
B. 
For the purpose of interpretation and application of this Chapter, words used in the present tense include the future; words in the singular number include the plural and vice versa; and words denoting the masculine gender shall include the feminine gender and bodies corporate and vice versa; the word "building" includes the word "structure"; the words "shall" and "must" are always mandatory; the term "used for" includes the meaning "designed for" or "intended for".
[Ord. No. 1212 §2, 9-6-1995; Ord. No. 1687 §1, 6-27-2007]
For the purpose of this Chapter the City of Hermann is hereby divided into eleven (11) Zoning Districts, and one (1) additional overlay district, to be known as follows:
District "A-G"
Agricultural District
District "R-1"
Single-Family Residential District
District "R-2"
Two-Family Residential District
District "R-3"
Multiple-Family Residential District
District "C-1"
General Commercial District
District "C-2"
Highway Commercial District
District "I-1"
Light Industrial District
District "I-2"
Industrial District
District "R-P"
Planned Residential District
District "I-P"
Planned Industrial District
District "P-D"
Planned Development District
District "U-1"
Unclassified District
District "HO"
Historic Overlay District (overlays one (1) or more of the foregoing districts)
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1389 §§1 — 2, 1-13-2003]
A. 
The boundaries of the districts as enumerated above are shown upon the map designated as the Hermann Zoning District Map. The Hermann Zoning District Map and all notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein. The original of said district map is properly attested and is on file with the City Clerk of the City of Hermann.
B. 
Whenever any street, alley or other public way is vacated by official action the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then henceforth be subject to all appropriate regulations of the extended districts.
C. 
All lots or tracts of land annexed to the City of Hermann after the initial effective date of this Chapter shall be classified automatically in the "U-1" Unclassified District until such time as said land be reclassified as provided in this Chapter.
D. 
Where uncertainty exists as to the boundaries of the districts as shown on the Hermann Zoning District Map, the following shall apply:
1. 
Boundaries indicated as approximately following the centerline of streets, highways, alleys, or other public rights-of-ways shall be construed to be such centerlines.
2. 
Boundaries indicated as approximately following platted lot lines shall be construed to be said platted lot lines.
3. 
For boundaries that divide a lot or parcel of property, the location of any such boundary shall be determined by the use of the scale appearing on such map.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1371 §1, 2-11-2002; Ord. No. 1462 §1, 12-27-2004; Ord. No. 1501 §§1 — 5, 6-13-2005]
A. 
Except as provided in this Chapter:
1. 
No building or land shall be used except for purposes permitted in the district in which the building or land is located.
2. 
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the height, off-street parking, loading and area regulations of the district in which the building is located.
3. 
The density and yard regulations of this Chapter are minimum regulations for each and every building existing at the effective date of this Chapter, September 6, 1995, and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building hereafter erected or structurally altered shall be considered a yard or lot area for more than one (1) building.
4. 
Cooperatives, condominiums and all other forms of joint or shared property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
5. 
All inhabited mobile homes, trailers and recreational vehicles which are defined, for the purposes of this Section, as motor vehicles or trailers which include living quarters designed for accommodation, including, but not necessarily limited to, motor homes, camper vans, coaches, caravans, fifth-wheel trailers, pop-up campers and truck campers, as well as manufactured homes, which do not meet the requirements of Section 420.040(A)(10), shall be located in an approved court as described in Code Section 420.180 “RP” Planned Residential Districts.
[Ord. No. 2322, 11-28-2022]
6. 
No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of twenty-five (25) feet unless an easement of lesser width was of record prior to the initial adoption of this Chapter.
7. 
No area indicated on the official Zoning District Map as a public park or recreation area, public utility area, cemetery, public school site or semi-public open space shall be used for any other purpose; and if the use of the area is discontinued, it shall automatically be zoned "R-1" Single-Family Residential District until otherwise zoned.
8. 
The provisions of an overlay zone apply to areas where they are mapped or described in addition to the provisions of any other zoning district in which the affected property is located. When the provisions of or restrictions relative to an overlay zone conflict with the provisions or restrictions of a zoning district, the provisions of the overlay zone shall prevail.
9. 
Subject to the provisions of Section 420.710, a non-conforming mobile home existing in any district on the effective date of this Chapter and continuously used thereafter for residential purposes may be replaced by a mobile home, provided that the replacement mobile home shall be at least seven hundred twenty (720) square feet. If the non-conforming mobile home is replaced by a larger mobile home, then, if the site contains other mobile homes, trailers or manufactured homes, a minimum of twenty (20) feet of side clearance and twelve (12) feet of end clearance must be maintained between adjacent units. No part of the mobile home, including porches or slide-outs, may be closer than twelve (12) feet to an adjacent unit. Setback requirements must be met for the applicable zone.
10. 
Subject to the provisions of Section 420.710, a non-conforming mobile home or manufactured home existing in any district on the effective date of this Chapter and continuously used thereafter for residential purposes may be replaced by a manufactured home on the same site if the replacement meets all of the following requirements:
a. 
Foundations, skirting and additions. The manufactured home shall be placed on a permanent foundation that meets the requirements of the IBC Building Code and where the crawl space beneath each unit and perimeter wall are enclosed with brick and mortar from the ground to the home itself, such that the floor elevation of the proposed dwelling is reasonably compatible with those of surrounding dwelling units. All additions, including, but not limited to, steps, porches and decks, must likewise meet the requirements of the IBC Building Code for one- and two-family dwellings.
b. 
Appearance standards. The design of the structure shall be similar in characteristic and appearance to other dwelling units in the area with regard to unit size, roof overhangs, roof materials, roof pitch and exterior materials. Allmanufactured homes shall meet the following standards of acceptable similarity and design of structure:
(1) 
Minimum width of structure. The minimum width of the manufactured home as assembled on the site shall not be less than twenty (20) feet, as measured across the narrowest portion facing the front of the lot.
(2) 
Minimum roof pitch, minimum eave overhang, roofing materials. The pitch of the main roof shall not be less than 3:12. The minimum overhang of eaves shall be twelve (12) inches. Roofing materials shall consist of one (1) of the following categories: wood, shingle, wood shake, synthetic composite shingle, concrete tile, or any other material that is generally acceptable for site-built housing, if applied in such a manner as to be similar in appearance to one (1) of the foregoing categories or to the prevailing roofing material in the block in which the site is located.
(3) 
Exterior siding. Exterior siding shall be made of non-reflective and non-glossy materials. Acceptable siding materials include vinyl, brick, wood, stucco, stone, or other masonry materials or any combination of these materials, or any other material that is generally acceptable for site-built housing, if applied in such a manner as to be similar in appearance to one (1) of the foregoing categories or to the prevailing siding material in the block in which the site is located.
c. 
Minimum clearance. If the site contains other trailers or manufactured homes, a minimum of twenty (20) feet of side clearance and twelve (12) feet of end clearance must be maintained between adjacent units. No part of the mobile home, including porches or slide-outs, may be closer than twelve (12) feet to an adjacent unit. Setback requirements must be met for the applicable zone.
d. 
Other requirements of Chapter observed. All other requirements of this Chapter, unless expressly superseded by this Section, shall be observed including, but not limited to, yard and setback requirements.
11. 
A modular home may be erected on any lot in a residential district if such home meets all of the following requirements:
a. 
Foundations and additions. The modular home shall be placed on a permanent foundation that meets the requirements of the IBC Building Code. The floor elevation of the dwelling shall be reasonably compatible with those of surrounding dwelling units. All additions, including, but not limited to, steps, porches and decks, must likewise meet the requirements of the IBC Building Code for one- and two-family dwellings.
b. 
Appearance standards. The design of the structure shall be similar in characteristic and appearance to other dwelling units in the area with regard to size of the main dwelling level, roof overhangs, roof materials, roof pitch and exterior materials. All modular homes shall meet the following standards of acceptable similarity and design of structure:
(1) 
Minimum roof pitch, minimum eave overhang, roofing materials. The pitch of the main roof shall not be less than 3:12. The minimum overhang of eaves shall be twelve (12) inches. Roofing materials shall consist of one (1) of the following categories: wood, shingle, wood shake, synthetic composite shingle, concrete tile, or any other material that is generally acceptable for site-built housing, if applied in such a manner as to be similar in appearance to one (1) of the foregoing categories or to the prevailing roofing material in the block in which the site is located.
(2) 
Exterior siding. Exterior siding shall be made of non-reflective and non-glossy materials. Acceptable siding materials include vinyl, brick, wood, stucco, stone, or other masonry materials or any combination of these materials, or any other material that is generally acceptable for site-built housing, if applied in such a manner as to be similar in appearance to one (1) of the foregoing categories or to the prevailing siding material in the block in which the site is located.
c. 
Other requirements of Chapter observed. All other requirements of this Chapter, unless expressly superseded by this Section, shall be observed including, but not limited to, yard and setback requirements.
B. 
Spacing Requirement For Medical Marijuana Uses. No medical marijuana use, in any Zoning District in the City of Hermann, shall be located within three hundred (300) feet of any then-existing elementary school, secondary school, child day care facility, or church. As used in the previous sentence, "then-existing" shall mean any elementary school, secondary school, child day care center, or church with a building permit from the City to be constructed, or under construction, or completed and in use at the time the medical marijuana use applies for a business license. When measuring the spacing requirement, the following guidelines shall be followed:
[Ord. No. 2175, 11-25-2019]
1. 
In the case of a freestanding medical marijuana use facility, the distance between the facility and the elementary school, secondary school, child day care facility, or church shall be measured from the external wall of the facility structure closest in proximity to the elementary school, secondary school, or church to the closest point of the property line of the elementary school, secondary school, child day care facility, or church.
2. 
In the case of a medical marijuana use facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the elementary school, secondary school, child day care facility, or church shall be measured from the property line of the elementary school, secondary school, child day care facility, or church to the facility's entrance or exit closest in proximity to the elementary school, secondary school, child day care facility, or church.
3. 
Measurements shall be made along the shortest path between the demarcation points that can be measured by ruler on a map (i.e., online version of Google maps).
C. 
Accessory Use — All Districts.
[Ord. No. 2175, 11-25-2019]
1. 
Qualifying Patient Medical Marijuana Cultivation. In addition to existing accessory uses enumerated and/or authorized in each zoning district, on any lot in the City, a person holding a current, valid medical marijuana cultivation identification card issued by the State of Missouri may have as an accessory use qualifying patient medical marijuana cultivation as permitted by Article XIV, Section 1 of the Missouri Constitution so long as all of the following conditions are met:
a. 
The accessory use must take place only in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient or by such patient's primary caregiver and in conformance with all Federal and Missouri laws and regulations.
b. 
The accessory use must fully comply with the fence requirements of the Zoning Code of the City, if fenced. The accessory use shall be within a completely walled, enclosed structure where practicable.
c. 
The State-issued qualifying patient cultivation identification card or cultivation authorization must be clearly displayed within the cultivation area and in close proximity to the marijuana plants.
d. 
The accessory use must have an odor control system that is at least as stringent as that which is required by Missouri regulations.
e. 
No marijuana may be smoked, ingested, or otherwise consumed or administered on the lot except by a qualifying patient.
f. 
One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants and six (6) non-flowering marijuana plants at any given time in a single, enclosed locked facility.
g. 
Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility but no more than twelve (12) flowering marijuana plants and twelve (12) non-flowering marijuana plants may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a qualifying patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants and six (6) additional non-flowering marijuana plants for a total of eighteen (18) flowering marijuana plants and eighteen (18) non-flowering marijuana plants in a single, enclosed and locked facility.
h. 
All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.
i. 
All medical marijuana cultivation must cease immediately upon the expiration or revocation of a State-issued qualifying patient cultivation identification card.
j. 
Nothing in this Section shall convey or establish a right to cultivate medical marijuana in a facility or on a premise where State or Federal law or a private contract would otherwise prohibit doing so.
[Ord. No. 2181, 2-10-2020]
A. 
Permit Required. No person, firm, partnership, corporation, limited liability company, association, organization of persons, joint venture or any other entity (“operator”) shall operate 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 that provides accommodations for transient guests (“lodging establishment”), as such is defined in Code Section 420.010, within the City of Hermann unless a permit therefor has been duly issued to the operator and is in full force at all times. All permit applications shall be filed by the operator with the City’s Zoning Inspector, or their designee (hereinafter “Zoning Inspector”) on forms and in the manner prescribed by the Zoning Inspector. All initial and annual renewal permit applications shall contain the following:
1. 
Written confirmation by the Building Inspector or their designee (hereinafter “Building Inspector”) that the premises comply with all provisions of Code Section 420.050(B). The Building Inspector shall enter upon and inspect the lodging establishment premises annually, for the initial permit application and all renewal applications, to verify such compliance.
2. 
Proof of commercial liability insurance or of a rider to a homeowner’s policy confirming coverage for lodging establishment activities.
3. 
A City of Hermann business license.
4. 
If a lodging establishment has five (5) or more guest rooms, then a State inspection must be conducted annually and a copy of the most current Missouri State inspection report for the premises shall be provided. A guest room is defined as any room or unit where sleeping accommodations are regularly furnished to the public. If the operator claims that the lodging establishment is exempt from State inspection requirements, then the operator must provide written proof of such exemption from the State satisfactory to the Zoning Inspector, in the Zoning Inspector’s discretion.
5. 
Any tourism tax which is not paid within thirty (30) days after the last day of each calendar quarter shall be considered delinquent, in which case the City may pursue any remedies available to it per Code Sections 160.100(C) and 605.100, including the accrual of interest, revocation of business license, prosecution in Municipal Court and injunctive relief.
B. 
Lodging Establishment Regulations. All lodging establishments shall comply with the following:
1. 
At the time a permit application is made, the applicant shall indicate the number of guest rooms, the occupancy for each room and the total occupancy of all rooms, which shall become the maximum occupancy for the lodging establishment, subject to inspection and validation by the Zoning Inspector.
2. 
Signs indicating the maximum occupancy of the lodging establishment, the name and phone number of operator or their agent, emergency phone numbers and the locations of fire extinguishers shall be placed inside the front door of the building; provided, however, that such signs shall not be required in bed and breakfast homes.
3. 
The street address of the building shall be posted and visible at the building’s front entrance with characters that are at least four (4) inches tall, in contrasting color. In the Historic Overlay District, street address characters must be of a size, font and design as approved by the Landmarks Commission. The Landmarks Commission may, at their discretion, pre-approve a design for numerals that may be used by owners to eliminate the need for Landmark Commission review of numeral designs.
4. 
Exit signs must be installed over all exit doors; provided, however, that such signs shall not be required in bed and breakfast homes.
5. 
Smoke alarms shall be installed in each guest room and in the hallway on each floor.
6. 
One (1) charged fire extinguisher shall be kept on each floor. The kitchen is preferred. The location of the fire extinguishers shall be well marked. One (1) carbon monoxide detector shall be installed centrally on each floor.
7. 
There shall be two (2) avenues of egress from all guest rooms (example: one (1) window and one (1) door).
8. 
A register shall be maintained indicating the name of the person renting the bed and breakfast inn or guest house and the total number of guests in that person’s party.
9. 
Every lodging establishment shall comply with all requirements of the most recent International Building Code Edition (“Building Code”) which has been adopted by the City for regulating and governing the conditions and maintenance of all properties, buildings and structures in the City. In any instance where the requirements of this Chapter are different than those contained in the Building Code, the requirements of this Chapter shall control.
C. 
Revocation Of Permit. A permit may be revoked at any time during the term of such permit for failure to comply with the terms of this Chapter or with any other provision of the Hermann Municipal Code; provided, however, that the City shall provide twenty (20) days’ prior notice, in writing, (“notice”) of the prospective revocation and advise the operator of their right to request a hearing before the Board of Aldermen. The operator’s request for hearing shall be in writing and received by the City prior to the expiration of the 20-day notice period.