[R.O. 2006 §400.050; Ord. No. 415 Art. II §210, 3-2-1982; Ord. No. 972 §I, 11-18-1997; Ord. No. 1639 §§I —
II, 11-7-2006; Ord. No. 1807 §I, 10-21-2008; Ord. No. 1833 §I, 2-17-2009; Ord. No. 1846 §I, 5-19-2009; Ord.
No. 1869 §§I — II, 8-18-2009; Ord. No. 1900 §I, 6-1-2010; Ord. No. 1931 §I, 9-7-2010; Ord.
No. 1937 §§I — II, 10-19-2010; Ord. No. 1961 §I, 5-17-2011]
Definitions. Except as specifically defined
herein, all words used in these regulations have their customary dictionary
definitions. For the purpose of these regulations, certain words,
terms or phrases used herein are defined as follows:
ABANDON
To discontinue a use for more than one hundred eighty (180)
consecutive days or six (6) months, whichever is less.
ABANDONMENT
An action to give up one's rights or interest in property.
ACCESSORY BUILDING OR STRUCTURE
A detached subordinate building or structure, the use of
which is customarily incidental to the principal use, located on the
same lot with the principal building or use. A building housing an
accessory use is considered an integral part of the principal building
when it has any part of a wall in common with the principal building
or is under an extension of the principal roof and designed as an
integral part of the principal building.
ACCESSORY USE
A use customarily incidental to the principal use of a building
site or to a building and located upon the same building site with
the accessory use.
ADULT DAY CARE CENTER
A facility for the care of adults. Adult day care facilities
shall meet all requirements and specifications of the Division of
Health and other State or local agencies having jurisdiction over
these types of facilities. An adult day care center does not provide
overnight facilities or overnight care.
AGRICULTURAL AND FARM BUILDINGS AND STRUCTURES
Any building or structure necessary or incidental to the
normal conduct of a farm including, but not limited to, the operator
residence; residence of hired personnel; barns, buildings and sheds
for housing livestock, poultry and farm machinery; buildings for the
storage or shelter of grain, hay and other crops; silos, mills and
water storage tanks.
AGRICULTURAL OR FARMING
Planting, cultivating, harvesting and storing grains, hay,
plants or trees commonly grown in Warren County; raising and feeding
livestock or poultry, except feeding, fattening or finishing livestock
or poultry for hire or as a business venture separate and distinct
from crop raising which shall be classed as commercial agriculture.
A minimum of five (5) acres of land shall constitute agriculture or
farming for the purposes of these regulations.
AIRPORTS
All areas used for landing aircraft.
ALLEY
A public secondary means of access of abutting property,
not intended for general traffic circulation.
ALTERATIONS, BUILDING OR STRUCTURAL
Any addition, removal, extension or change in the location
of any exterior wall, structural part or exit facilities of a principal
or accessory building or structure; any change in use from one zoning
classification to another; or any moving of a building from one site
to another.
AMUSEMENT CENTER
A place in which games including, but not limited to, pinball
machines and similar coin-operated machines, electronic video games,
table games, billiard tables, skating, bowling are made available
for use by the general public.
AMUSEMENT PARK
A facility, primarily outdoors, that may include structures
and buildings, where there are various devices for entertainment including
rides, booths for the conduct of games or sale of items, buildings
for shows and entertainment, restaurants and souvenir sales.
ANIMAL BOARDING KENNELS
Any structure or lot where three (3) or more dogs and/or
cats older than four (4) months of age and/or other animals for other
than agricultural purposes are boarded, bred and/or offered for sale,
not including stables.
ANIMAL CLINICS AND HOSPITALS
An establishment where animals are admitted principally for
examination and treatment by a doctor of veterinary medicine, with
boarding facilities limited to that necessary for the treatment of
the sick animal and not including open kennels or runs.
ANIMAL CONTROL CENTER
A public or private facility to hold, contain and care for
stray or abandoned animals until an animal is adopted or returned
to its owners.
ANIMAL HUSBANDRY
The non-profit maintenance of one (1) horse per acre, four
(4) cattle per acre, two (2) goats per acre, twenty-four (24) poultry
and/or cats, dogs, rabbits, chinchillas, guinea pigs or pigeons in
excess of the amount permitted as household pets, with the slaughter
of such animals as poultry, rabbits or beef cattle permitted only
for consumption by the resident family, with animals other than household
pets not kept within a dwelling or within twenty (20) feet of a dwelling
on the same lot or within sixty (60) feet of any property line, and
with housing and caging of animals adequate and sanitary and subject
to all State health requirements for health and sanitation and with
all animal food except hay and straw stored in rodent-proof containers.
APARTMENT
A building divided into four (4) or more dwelling units.
APPEAL
A request for a review of the Zoning Enforcement Officer's
interpretation of any provision of this Title or a request for a variance.
AREA
The amount of land surfaces in a lot, plot or parcel. (See
also: BUILDABLE AREA; LOT AREA)
AREA REQUIREMENTS
The yard, lot area, lot width, lot coverage and space requirements
as set forth in a specific district.
ART DISPLAY, OUTDOOR
A temporary collection of art displayed and/or offered for
purchase in an outdoor setting.
ART GALLERY
A room or series of rooms where works of art are exhibited
and/or offered for purchase.
ASSISTED LIVING FACILITY
Residences, for the frail elderly or for the sheltered care
of persons with special needs, that provide rooms, meals, personal
care and supervision of self-administered medication. Facilities may
provide a combination of services such as recreational activities,
financial services, social and personal counseling and transportation.
ATTACHED BUILDING
A building attached to another building by a common wall
(such wall being a solid wall with or without windows and doors) and
a common roof with at least a horizontal dimension of six (6) feet.
AUDITORIUM
A room, hall or building made a part of a church, theater,
school, recreation or other building assigned to the gathering of
people as an audience to hear lectures, plays and other presentations.
BAIL BONDMANS/AGENCY
Any person, partnership or corporation engaged for profit
in the business of furnishing bail, making bonds or entering into
undertakings, as surety, for the appearance of persons charged with
any criminal offense or violation of law or ordinance punishable by
fine, imprisonment, or death, before any of the courts of this State,
or securing the payment of fines imposed and of costs assessed by
such courts upon final disposition thereof.
[Ord. No. 2488, 9-17-2019]
BAR
An establishment serving liquor by the drink and/or meals
on the premises deriving over fifty percent (50%) of gross revenue
from the sale of alcoholic beverages.
BASEMENT
A building portion having part but not more than one-half
(½) its height above grade and used for storage, garages for
building occupant's use, janitor's or watchman's quarters or other
utilities common for the rest of the building and which is not, as
defined herein, counted as a story unless subdivided and used for
dwelling purposes other than by a janitor or watchman employed on
the premises.
BED AND BREAKFAST INN
Overnight lodging and morning meal for travelers in a dwelling
unit for compensation, where three (3) or more guest rooms are provided.
BENCH MARK
A permanent point of reference from which various measurements
may be made.
BIG BOX/SUPERSTORE
A large retail store whose physical layout resembles a large
square or box and contains a gross total floor area of generally more
than fifty thousand (50,000) square feet and provides a wide array
of items for sale. These stores may be found on separate parcels within
a retail shopping center with their own dedicated parking area and
may provide products in an outdoor area.
BLIGHT
Deterioration, deficiencies or inadequacies in buildings,
facilities and/or their environment diminishing their value, appearance
and/or usability.
BLOCK
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or green strips, rural land or
drainage channels or a combination thereof.
BOARDING HOUSE
A building, other than a hotel or apartment hotel, where
for compensation and prearrangement for definite periods; lodging,
meals or combined lodging and meals are provided.
BUILDABLE AREA
The space remaining on a zoned lot after the minimum open
space requirements of this Title have been met.
BUILDING
An enclosed structure, anchored to a permanent foundation
and having exterior walls and a roof, designed for the shelter of
persons, animals or property. When divided by other common or continuous
walls, each portion or section of such building shall be regarded
as a separate building, except two (2) such enclosed structures connected
by a breezeway shall be deemed as one (1) building.
BUILDING AREA
The total exterior dimensions of the building at ground level.
[Ord. No. 2134 §I, 1-7-2014]
BUILDING, ENCLOSED
A building separated on all sides from adjacent open space
or other buildings by fixed exterior walls or party walls, with openings
only for windows and doors and covered by a permanent roof.
BUILDING LINE OR SETBACK LINE
A building line limit fixed by setback requirements at a
specific distance from the front, rear and side boundaries of a lot,
beyond which a structure cannot lawfully extend.
BUILDING, PRINCIPAL
A building housing the principal, as distinguished from accessory
or secondary, use or uses on a lot.
CABIN
A structure used for residential occupancy in a recreational
district.
CAMPGROUND (CAMPSITE)
An area of land, including supporting sanitary and other
facilities, for the overnight or temporary parking of recreational
vehicles and other modes of camping.
CARE HOME
A licensed rest home, nursing home, convalescent home, boarding
home for the aged or similar use established to render domiciliary
care for chronic or convalescent patients, but not including hospitals,
clinics or facilities for the care of feeble-minded or mental patients,
epileptics, alcoholics, senile psychotics, drug addicts, sick or injured.
CHILD CARE FACILITY
An establishment, caring for children that require a license
from the State of Missouri, used for the purpose of a day care center,
day nursery, nursery school, kindergarten (not connected with a school
as defined herein) or similar use which constitutes the normal care
of physically and mentally sound children.
CHURCH
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship, and which
building, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain public worship.
CITY PLAN
The City's sketch plan or comprehensive plan, whether in
whole or in part, as adopted by the Planning and Zoning Commission,
approved by the Board of Aldermen and duly recorded in the Warren
County, Missouri, Recorder's office. Such plan may consist of several
maps, data and other descriptive matter for the physical development
of the City or any portion thereof, including any amendment, extension
or additions thereto adopted by the Board of Aldermen, indicating
the general locations for major streets, parks, schools or other public
open spaces, public building sites, routes for public utilities, zoning
districts or other similar information.
CLINIC
An outpatient establishment where patients are not lodged
overnight but are admitted for examination and treatment by one (1)
or more physicians, dentists or medical professionals including chiropractors,
psychologists or social workers.
CLOSED CONSTRUCTION
Any building component, assembly or system manufactured in
such a manner that all portions cannot readily be inspected at the
installation site without disassembly, damage to, or destruction thereof.
CLUB
Buildings and facilities owned and operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business.
COMMUNITY RESIDENCE
A single-family dwelling unit occupied by more than five
(5) persons, who may not be related by blood, marriage or adoption,
who live as a single housekeeping unit the same as a family. Community
residences include assisted living facilities for elderly persons,
elder homes, hospices, shelters and other group living arrangements.
COMMUNITY SERVICES
Uses of public, non-profit, philanthropic or charitable nature
generally providing a local service to people of the community.
COMPLETELY ENCLOSED STRUCTURE
A building enclosed by a permanent roof and by solid exterior
walls pierced only by windows and customary entrance and exit doors.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 2747, 3-21-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by DHSS 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 medical marijuana facility, comprehensive facility,
or marijuana testing 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. 2747, 3-21-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by DHSS 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 as provided in Article
XIV, Sections 1 and 2 of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations in Article
XIV, Sections 1 and 2 of the Missouri Constitution and this Section and otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary facility 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 tax for each sale, as set forth in Article
XIV of the Missouri Constitution 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. 2747, 3-21-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by DHSS to acquire, process, package,
store, manufacture, transport to or from a medical facility, comprehensive
facility, or marijuana testing facility, and sell marijuana-infused
products, prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another 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. 2747, 3-21-2023]
CONDEMNATION
The taking of private property by a government unit for public
use when the owner will not relinquish it through sale or other means,
with compensation of fair market value paid to owner.
CONDITIONAL USE(S)
A use of land or structure which is permitted in a district
on review as prescribed in the Section on administration and enforcement.
Certain uses of land providing accommodations consistent with or necessary
to the purpose intended for each district may differ in their general
characteristics from the principal permitted activities and in their
impact thereon.
CONDOMINIUM
A building or group of buildings in which dwelling units
or floor area are owned individually, and the structure, common areas
and facilities are owned by all owners on a proportional, undivided
basis.
CONSTRUCTION, EXISTING
Structures for which the "start of construction" commenced before March 2, 1982, (the effective date of the Warrenton
Flood Insurance Rate Map); also refers to "existing structures."
CONSTRUCTION, NEW
Structures for which the "start of construction" or substantial improvement commenced on or after March 2, 1982.
CONSTRUCTION, START OF
The first (1st) placement of permanent construction of a
structure on a site, such as pouring slabs or footings or any work
beyond the excavation stage. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does
it include installing streets or walkways; nor does it include excavation
for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include installing accessory buildings
on the property. For a structure without a basement or poured footings,
the "start of construction" includes the first (1st) permanent framing
or assembly of the structure or any part thereof on its piling or
foundation. For separate mobile homes, the "start of construction" means affixing the mobile home to its permanent site; for grouped
mobile homes, the "start of construction" means the
completion date for the construction of facilities for servicing the
site, including street installation, final site grading, pouring concrete
pads, and installation of utilities.
CONSUMER
For purposes of marijuana regulations, a person who is at
least twenty-one (21) years of age.
[Ord. No. 2747, 3-21-2023]
CONSUMER CULTIVATION IDENTIFICATION CARD
An identification card authorized pursuant to Article
XIV, Section 2, of the Missouri Constitution, issued by DHSS, allowing the holder to cultivate nonmedical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
[Ord. No. 2747, 3-21-2023]
CONTRACTOR AND TRADE SHOP
Shop with storage of materials and goods for eventual sale
or installation off site for the use of contractor or tradesman such
as upholsterer, plumber or electrician.
CONVENTIONALLY-BUILT BUILDING OR CONVENTIONALLY-BUILT BUILDING
STRUCTURE
A term having tacit agreement (implied, but not expressed
verbally) sanctioned by, or growing out of, customary methods of carpentry
and construction; a building assembled and erected at the building
site using traditional or customary methods of carpentry and construction,
having need of a perimeter formation permanent foundation. Such a
building may involve the use of individual prefabricated structural
units (such as a beam, girder, plan, strut, column or truss). The
term shall include buildings designed and intended for dwelling, business,
educational or industrial use occupancy.
COUNSELING CENTER
An outpatient establishment for individuals seeking psychological
guidance.
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.
CUL-DE-SAC
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
CULTIVATION
As related to activity authorized pursuant to Article
XIV, Sections 1 and 2 of the Missouri Constitution, as applicable, and all rules and regulations issued by DHSS, 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. 2747, 3-21-2023]
CULTURAL FACILITIES
Establishments that document the social, religious, intellectual
and artistic manifestations that characterize society, including museums,
art galleries, concert halls, live performance theatre, botanical
and zoological gardens.
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 highest.
DAY CARE
The care of adults or children, away from their own home,
on either a commercial or non-commercial basis for custodial, educational,
religious or other purposes for any part of a twenty-four (24) hour
day. Facility shall be licensed and operating under all requirements
and specifications of the Division of Health and other State or local
agencies having jurisdiction.
DENSITY
Land occupancy area requirements/limitations. (See also: AREA REQUIREMENTS)
DEVELOPMENT
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures or mining,
dredging, filling, grading, paving, excavating or drilling operations.
DHSS
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 2747, 3-21-2023]
DISTRICT
A section or sections of the City specifically declared within
which the regulations governing the user of buildings and premises
are uniform.
DORMITORY
A building used as group living quarters for a student body
or religious order as an accessory use for a college, university,
boarding school, convent, monastery or other similar institution.
DUMP
A lot, land or part thereof used primarily for disposal by
abandonment, dumping, burial, burning or any other means, and for
whatever purpose, of garbage sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
DUPLEX
A dwelling containing two (2) single-family dwelling units
with totally separated housekeeping and cooking facilities for each,
on one (1) lot.
DWELLING
Any building or portion thereof which is designed and used
for residential purposes by an individual or a family.
DWELLING, GROUP
Two (2) or more detached or attached single-family, two-family
or multiple-family dwellings occupying a single building site and
having yards or open space in common, but not including a motel, hotel
or motor hotel.
DWELLING, SENIOR
A building, at most two (2) stories in height and not more
than twenty (20) units, arranged, intended or designed for occupancy
by individuals older than age fifty-five (55) years.
DWELLING, SINGLE-FAMILY, ATTACHED
A single-family dwelling that is attached to one (1) or more
other one-family dwellings by a common vertical wall.
[Ord. No. 2245 §II, 9-15-2015]
DWELLING, SINGLE-FAMILY DETACHED
A single-family dwelling that is not attached to any other
dwelling by any means and is completely surrounded by open space or
yards.
DWELLING, TWO-FAMILY
A detached principal building designed for or used as a dwelling
exclusively by two (2) families or groups each living as an independent
housekeeping unit or a building, such as a duplex, containing two
(2) dwelling units only.
DWELLING UNIT
A structure or portion thereof with complete housekeeping
facilities for one (1) family or group operating as a single housekeeping
unit.
EASEMENT
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
ENTERTAINMENT FACILITY
A large scale venue for the purpose of providing live or
recorded entertainment for commercial purposes. Music, comedy, dancing,
acting may be performed and may also include dancing by patrons to
live or recorded music. Facilities may be indoor or outdoor and may
provide circuses, rodeos, traveling exhibitions or other transient
type activities.
ESSENTIAL UTILITY/GOVERNMENT OR PUBLIC
Erecting, constructing, altering or maintaining by public
utilities or municipal departments, underground or overhead gas, electrical,
steam, water transmission or distribution systems, collection, communication,
supply or disposal systems, including poles, wire, mains, drains,
sewers, pipes, conduits, cables, fire alarm and police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary to furnish adequate
service or for the public health, safety or general welfare, but not
including buildings.
EXISTING
In force or being as of March 2, 1982.
FAIRGROUNDS
A place where the annual Warren County Fair may be held or
other events such as demolition derbies, tractor pulls, livestock
exhibitions and equestrian events.
FAMILY
One (1) or more persons occupying a single dwelling unit,
living as a single housekeeping unit on a long-term basis, whether
or not related to each other by birth or marriage, as distinguished
from a group occupying a boarding house, lodging house or hotel. A
family, as defined herein, may include up to five (5) unrelated persons
or any number of persons related by blood, marriage or adoption, provided
that the number of persons residing in the dwelling does not create
overcrowded conditions and violate any adopted building, fire and
health codes.
FILL, EARTH
The height to which uncontaminated soil is placed; also the
resulting earthwork.
FLOOR AREA
The area included within outside walls of a building or portion
thereof, including habitable penthouses and attic space, but not including
vent shafts, garages, courts or uninhabitable areas below ground level
or in attics.
FLOOR AREA, GROSS
The total number of square feet of floor area in a building
determined by horizontal measurements between the exterior faces of
walls including basement area used for storage of goods, equipment
and vehicles, also including interior balconies, mezzanines and accessory
buildings.
FLOOR AREA RATIO
The ratio in square feet of total floor area of all buildings
on a lot to total lot area.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management and tending 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 a watershed's urbanization.
FRONTAGE
All the property on the side of a street between two (2)
intersecting streets (crossing or terminating), measured along the
line of the street or, if the street is dead ended, all the property
abutting one (1) side between an intersecting street and the dead
end of the street.
GARAGE, PRIVATE
If detached, an accessory building for storing motor vehicles;
if attached, a building or portion thereof for storing one (1) or
more motor vehicles for persons occupying the premises. Only one (1)
such vehicle may be commercial, not more than two (2) tons' capacity.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively
for prearranged term storage of motor vehicles, not daily, and within
which motor fuels and oils may not be sold, but no motor-driven vehicles
are equipped, repaired, hired or sold.
GARBAGE
Putrescible animal or vegetable wastes resulting from food
handling, preparation, cooking, servicing or consumption.
GRADE
1.
For buildings having walls adjoining one (1) street only, the
sidewalk elevation at the center of the wall adjoining the street.
2.
For buildings having walls adjoining more than one (1) street,
the average sidewalk elevation at the centers of all walls adjoining
the streets.
3.
For buildings having no wall adjoining the street, the average
level of the finished ground surface adjacent to the building's exterior
walls.
4.
Any wall approximately parallel to and not more than five (5)
feet from a street line shall be considered adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
GREENHOUSE OR PLANT NURSERY
An establishment where flowers, trees and other products
that are commonly used as landscaping are grown and/or sold.
GROUP HOME FOR MENTALLY, DEVELOPMENTALLY AND PHYSICALLY HANDICAPPED
PERSONS
A residential facility, as defined by Section 89.020.2, RSMo.,
where up to eight (8) mentally or physically handicapped persons and
up to two (2) house parents or guardians, unrelated by blood, marriage
or adoption, reside as a family unit in a single-family residential
dwelling; provided, however, that the number of persons residing in
the home do not create overcrowded conditions or violate any ordinances
of the City.
[Ord. No. 2481, 7-16-2019]
HAZARDOUS MATERIAL OR WASTE
Any material or waste which:
1.
Because of its quantity, concentration or physical, chemical
or infectious characteristics may cause or significantly contribute
to an increase in mortality or an increase in serious, irreversible
illness.
2.
May pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported
or disposed.
3.
Is required to be accompanied by a written shipping document
describing the waste as "hazardous waste" or contains a reportable
quantity of "hazardous substances" or radioactive material.
HEIGHT, BUILDING
The vertical distance measured from the highest point of
a flat roof's coping, a mansard roof's deck line or a gable, hip or
gambrel roof's mean height level between eaves and ridge to the highest
of the following three (3) levels: from the street curb level; from
the established or mean street grade in case the curb has not been
constructed; or from the average finished ground level adjoining the
building if it sets back from the street line.
HEIGHT, YARD OR COURT
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
HELIPORT
An area, either at ground level or elevated on a structure,
licensed by the Federal Government or appropriate State agency and
approved for the loading, landing and takeoff of helicopters and including
auxiliary facilities, waiting room, fueling and maintenance.
HOME OCCUPATION
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
[Ord. No. 2734, 1-17-2023]
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons primarily suffering from illness, disease,
injury, deformities and other abnormal conditions. The institution
includes, as an integral part of it, related facilities such as laboratories,
outpatient facilities, training facilities, medical offices and staff
residences.
HOTEL/MOTEL
A building or buildings in which lodging is provided and
offered to the public for compensation, and which is open to transient
guests; not a boarding house.
HUNTING AND FISHING RESORT
A facility where lodging, or lodging and meals, are provided
for compensation, while guests utilize the property for outdoor recreation.
IMMOBILIZED MOBILE HOME DWELLING
An immobilized mobile home structure that is of particular
design to permit the exclusive use and occupancy thereof as living
quarters for one (1) family.
IMMOBILIZED MOBILE HOME OR IMMOBILIZED MOBILE HOME STRUCTURE
A mobile home transformed to that which is "real property",
distinguished from that which is "personal foundation", by virtue
of causing the structure to rest in whole on a permanent foundation.
Having been designed and constructed as a mobile home, the lack of
mobility, for whatsoever cause, does not render the structure not
a mobile home. Mobility or portability is not germane, that is, when
portability is removed from a mobile home by causing it to rest in
whole on a permanent foundation, it remains a mobile home. The transformer
brought about by the act of causing the mobile home to rest in whole
on a permanent foundation is the act to transform the mobile home
from that which is personal property to that which is real property.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
INSTITUTIONAL AND CIVIC USE
Non-profit, civic, religious or public uses such as libraries,
public or private schools, hospitals, government owned or operated
building, structure or land used for public purposes.
JUNK YARD/SALVAGE YARD
Use of land for indoor and/or outdoor storage, keeping, abandonment,
sale or resale of junk including scrap metal, automobile parts, rags,
paper or other scrap materials, used lumber, salvaged house wrecking
and structural steel materials and equipment or for the dismantling,
demolition or abandonment of automobiles, other vehicles, machinery
or parts thereof. It shall also include any lot, lots or parcels thereof
where two (2) or more vehicles which cannot be moved under their own
power are gathered for a period longer than thirty (30) days.
KENNEL
(See: ANIMAL BOARDING KENNELS)
LAND SUBDIVISION PLAN
A comprehensive plan indicating the general locations for
the various functional elements to develop land by subdividing. (See
also: PLAT)
LAND USE PLAN
The long-range plan designating the future use or reuse of
land in the City's planning area, setting forth the policies and reasoning
behind such decisions, serving as a guide regarding distribution and
intensity of development, public facilities and open spaces, officially
adopted and amended from time to time by the Board of Aldermen and
kept on file in the City Clerk's office.
LAUNDROMAT
A business providing home-type washing, drying and ironing
machines for hire to be used by the customers on the premises.
LAUNDRY, SERVICE
A business providing washing, drying and ironing services
operated by the employees on the premises.
LINE
(See: BUILDING LINE; LOT LINE)
LIVESTOCK
Domestic animals bred or kept on a farm for use or commercial
profit.
LIVESTOCK MARKET FACILITY
A space and/or building facilitating the selling and buying
of animals, the selling of goods and related activities as required
by law.
LOADING SPACE
An off-street space or berth having a minimum dimension of
ten (10) by thirty (30) feet for single-unit truck deliveries and
ten (10) by sixty (60) feet for semi-trailer deliveries, on the same
lot with a building or contiguous to a group of buildings, for temporarily
parking a commercial vehicle while loading or unloading merchandise
or materials and which abuts a street, alley or other appropriate
means of access.
LODGE
A place where members of a local chapter of an association
or a fraternal, cultural or religious organization hold their meetings;
or the local chapter itself.
LOT
A portion of land (whether of a platted subdivision or otherwise)
defined by metes, bounds or boundary lines in a recorded deed or on
a recorded plat, occupied or intended to be occupied by a building
or use and its accessories, together with such yards as are required
under the provisions of this Title, having not less than the minimum
area, width and depth required by this Title for a lot in the district
in which such land is situated, and having its principal frontage
on a street or on such other means of access as permitted in accordance
with the provisions of this Title. The minimum area of a lot as defined
herein must be an integral unit of land under unified ownership in
fee or in continuancy, or under legal control tantamount to such ownership,
which ownership or control must continue for the existence of the
building or buildings permitted to be situated on the lot.
LOT AREA
The total square footage or acreage within the property lines
of a lot, excluding public streets and alleys, subject to the district
requirements herein.
LOT, CORNER
A lot abutting two (2) or more streets at their intersection
or two (2) parts of the same street, such streets or parts of the
same street forming an interior angle of less than one hundred thirty-five
degrees (135°), the point of intersection of the street lines
being the "corner".
LOT COVERAGE
The area of a zoned lot occupied by the principal building
or buildings and accessory buildings.
LOT DEPTH
The mean horizontal distance between the front and the rear
lot lines measured in the general direction of the side lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
LOT, INTERIOR
A lot whose boundary lines do not abut upon any street.
LOT LINE, EXTERIOR
A side lot line separating a lot from a street on a corner
lot is called an exterior lot line.
LOT LINES
The lines bounding a lot as defined herein.
LOT LINES, REAR
The boundary line opposite and most distant from the front
street line, except in the case of uncertainty the Zoning Enforcement
Officer shall determine the rear line on irregular lots.
LOT LINES, SIDE
Any lot line other than front or rear lot line. A side lot
line separating a lot from a street side lot line. A side lot line
separating a lot from another lot or lots is called an "interior
side lot line".
LOT, NON-CONFORMING
A single lot, tract or parcel of land shown on a recorded
or unrecorded map, plat, drawing or survey in existence on failing
to meet the requirements for area, width or depth for any use permitted
within the district in which it is located.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office
of the County Recorder, or a lot, plot or parcel described by metes
and bounds, the description of which had been so recorded on or before
May 10, 1990.
LOT, THROUGH
A lot having frontage on two (2) parallel or approximately
parallel streets.
LOT WIDTH
The mean horizontal width of the lot measured at right angles
to its depth.
MANUFACTURED HOME
A factory-built single-family home that is transportable
in one (1) or more sections. In the travelling mode, the home is eight
(8) feet or more in width or forty (40) feet or more in length and
is built on a permanent chassis and designed to be used as a dwelling
when connected to the required utilities which includes, plumbing,
heating, air-conditioning and electrical systems and is built under
a Federal code set by U.S. Department of Housing and Urban Development
on June 15, 1976.
MANUFACTURED AND/OR MOBILE HOME LOT
Any area, tract, site or plot of ground within a manufactured
and/or mobile home park designed to accommodate one (1) manufactured
or mobile home as herein defined and the accessory uses thereto.
MANUFACTURED AND/OR MOBILE HOME PARK
Any place, area or tract of land maintained, offered or used for the parking of two (2) or more manufactured or mobile homes used or intended to be used for living or sleeping purposes. Provisions for the approval of a manufactured or mobile home park are found in Section
405.240.
MARIJUANA
Cannabis indica, Cannabis sativa, 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 marijuana plant and marijuana-infused products.
Marijuana does not include industrial hemp, as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 2747, 3-21-2023]
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana related facility or business licensed or certified by the
DHSS, but shall not include a medical marijuana facility licensed
by the DHSS.
[Ord. No. 2747, 3-21-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 2747, 3-21-2023]
MARIJUANA TESTING FACILITY
A facility certified by DHSS to acquire, test, certify, and
transport marijuana, including those originally licensed as a medical
marijuana testing facility.
[Ord. No. 2467, 4-17-2018; Ord. No. 2747, 3-21-2023]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, transport to or from, and sell
marijuana, marijuana seeds, and marijuana vegetative cuttings (also
known as clones) to a medical marijuana dispensary facility, marijuana
testing facility, medical marijuana cultivation facility, or a medical
marijuana-infused products manufacturing facility. A medical marijuana
cultivation facility's authority to process marijuana shall include
the production and sale of prerolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 2467, 4-17-2018; Ord. No. 2747, 3-21-2023]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by DHSS 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 as provided for pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is in a location allowing for the legal possession of marijuana, another licensed dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
[Ord. No. 2467, 4-17-2018; Ord. No. 2747, 3-21-2023]
MEDICAL MARIJUANA FACILITY
A medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana-infused products manufacturing
facility, and a marijuana testing facility.
[Ord. No. 2747, 3-21-2023]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the DHSS to acquire, process, package,
store on-site or off-site, manufacture, transport to or from, and
sell marijuana-infused products to a medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or to another medical marijuana-infused products manufacturing
facility.
[Ord. No. 2467, 4-17-2018; Ord. No. 2747, 3-21-2023]
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by DHSS 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 as provided pursuant to the terms of Article
XIV, Sections 1 and 2 of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of Article
XIV, Sections 1 and 2 and this Section and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness 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 microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 2747, 3-21-2023]
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, manufacture, transport to or from,
deliver, and sell marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as clones), and marijuana-infused products to
a microbusiness dispensary facility, other microbusiness wholesale
facility, or marijuana testing facility. A microbusiness wholesale
facility may cultivate up to two hundred fifty (250) flowering plants
at any given time. A microbusiness wholesale facility's authority
to process marijuana shall include the creation of prerolls and infused
prerolls.
[Ord. No. 2747, 3-21-2023]
MOBILE HOME
A factory-built single-family home that is transportable
in one (1) or more sections. In the traveling mode, the home is eight
(8) feet or more in width or forty (40) feet or more in length and
is built on a permanent chassis and designed to be used as a dwelling
when connected to the required utilities which includes plumbing,
heating, air-conditioning and electrical systems and is built before
June 15, 1976, prior to the HUD code enactment.
MOBILE HOME, DEPENDENT
A mobile home or travel trailer which does not have a flush
toilet or a bathtub or shower.
MODULAR BUILDING OR MODULAR BUILDING STRUCTURE
A completely assembled and erected building designed and
constructed in a factory for permanent occupancy, composed of two
(2) or more prefabricated modules arranged and united together at
the building site into one (1) integral structure, having need of
a perimeter formation permanent foundation; characteristic of modular
buildings, the roofing and siding are applied at the building site
concealing the junction or union of the modules and when completed
and ready for occupancy the exterior appearance is such that the building
is superficially and indistinguishable from a conventionally built
building. The building once arranged and joined as one (1) integral
structure shall be virtually incapable of being separated again into
the component module parts for repeated transport to subsequent locations.
It shall meet building codes and be considered real property. The
term shall include buildings designed and intended for dwelling, business,
educational or industrial uses; the term shall exclude "double-wide
mobile homes" which, in brevity, are by design and construction movable
or portable vehicular structures having no need of a permanent foundation
and are capable of being separated again for repeated towing. If title
is issued, it shall be classified as a mobile home.
MOTOR VEHICLE BODY SHOP
A building or a portion of a building arranged, intended
and designed to be used for making repairs including auto painting
and body work.
MOTOR VEHICLE SALES AREA
An open off-street area used for the display and sale of
new or used automobiles, pickup trucks, vans, vacation/recreational
vehicles, trailers, A.T.V's, motorcycles and boats where no repair
work is done except of a minor and incidental nature to only those
vehicles and trailers being sold.
MOTOR VEHICLE SERVICE AND REPAIR SHOP
A building or a portion of a building arranged, intended
or designed to be used for making repairs to motor vehicles; not to
include auto painting and body work.
MOTOR VEHICLE STORAGE AND IMPOUND YARD
Any place where two (2) or more farm or motor vehicles or
farm machinery, not in running condition, or part thereof, are stored
in the open and not being restored to operation, or any land, building
or structure used for wrecking and storing such motor vehicles or
parts thereof, including the commercial salvaging of any other goods,
articles or merchandise.
MOTOR VEHICLE WRECKING YARD
Any place where two (2) or more farm or motor vehicles or
farm machinery, not in running condition, or part thereof, are stored
in the open and not being restored to operation, or any land, building
or structure used for wrecking and storing such motor vehicles or
parts thereof, including the commercial salvaging of any other goods,
articles or merchandise.
NEIGHBORHOOD
The smallest sub-area in City planning, being a residential
area with common public facilities and social institutions within
walking distance.
NET FLOOR AREA
The square feet of floor space as measured from the interior
perimeter of the exterior wall and including the total of all floor
space on all stories of a building including a finished basement.
It does not include porches, garages, cellars, utility areas, unfinished
attics, elevators and stairwells, accessory buildings or space in
a basement when such space is used for storage or incidental uses.
Areas in commercial buildings principally used for non-public purposes
such as storage, processing and packaging of merchandise, show windows,
restrooms, dressing, fitting or alteration rooms, and kitchen areas.
NIGHTCLUB
An establishment two thousand five hundred (2,500) square
feet or more dispensing more than fifty percent (50%) liquor and meals
and in which there may be a stage. Music, dancing and/or entertainment
is conducted.
NON-CONFORMANCE
A condition existing on March 2,1982, whereby a structure,
land or use does not conform to the regulations of the district in
which it is situated including, but not limited to, failure to conform
to height, area, coverage or off-street parking requirements.
NON-CONFORMING BUILDING
A building, structure or portion thereof conflicting with
the provisions of this Title applicable to the district in which it
is situated.
NON-CONFORMING USE
A use which lawfully occupied a building or land on or before
March 2, 1982, and which does not conform to the use regulations of
the district in which it is located.
NURSING HOME
As defined in RSMo., Title 12, Chapter 198, Section 198.006
(18), any facility, whether proprietary or non-profit, which provides
twenty-four (24) hour a day accommodation, board and supervision by
a nurse to three (3) or more unrelated residents.
OPEN CONSTRUCTION
Any building component, assembly or system manufactured in
such a manner that all portions can be readily inspected at the installation
site without disassembly, damage to, or destruction thereof.
OPEN SPACE, PUBLIC
Land dedicated or reserved for acquisition for general use
by the public including parks, forest and wildlife preserves, recreation
areas, school sites, community or public building sites, waterways,
streets and other lands.
OPEN UNOCCUPIED SPACE
That area of private property upon which these regulations
prohibit the location of any building or structure.
OUTDOOR DISPLAY
Temporary display during a particular season of products
for sale primarily outside of a building or structure, including vehicles,
garden supplies, gas, tires and motor oil, boats, farm equipment and
produce, burial monuments, building and landscaping materials and
lumberyards but not including outdoor storage.
OUTDOOR STORAGE
The keeping in an area outside of a building of any goods,
junk, material, merchandise or vehicles in the same place for more
than seventy-two (72) hours but not including the temporary outdoor
display of seasonal goods or merchandise for sale.
PARCEL
All continuous lands including lots and parts of lots held
in one (1) ownership.
PARKING AREA
An open, otherwise unoccupied, hard-surfaced space used or
required for use for temporarily parking motor vehicles exclusively
and where no gasoline or vehicular accessories are sold, no other
business is conducted and no fees are charged.
PARKING AREA, PRIVATE
An open, hard-surfaced space, other than a street or public
way, designed, arranged and made available to the occupants of the
building or buildings for which the parking area is developed and
is accessory for the storage of private passenger automobiles only.
PARKING SPACE
Space within a public or private parking area of not less
than one hundred seventy-one (171) square feet (nine (9) feet by nineteen
(19) feet), exclusive of access drives, aisles, ramps, columns or
office and work areas, for the storage of passenger automobile or
a commercial vehicle under one and one-half (1 1/2) tons' capacity
and connected with a street or alley by a surfaced driveway which
affords satisfactory ingress and egress for such vehicles.
[Ord. No. 2245 §II, 9-15-2015]
PAVED
Surfaced with asphaltic or concrete pavement material of
a thickness sufficient to withstand the highest-use loading.
PAWNBROKER/PERSONAL CREDIT LOANS
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
[Ord. No. 2488, 9-17-2019]
PAWNSHOP
The location at which or a premises in which a pawnbroker
regularly conducts business.
[Ord. No. 2488, 9-17-2019]
PERFORMANCE STANDARDS
Regulations specifically directed toward controlling noisome
and injurious substances, conditions and operations.
PERMANENT FOUNDATION
A below grade formation, or a substructure formation below
the tier of beams nearest to grade, consisting of materials such as
concrete, mortared concrete block or mortared brick, used to transmit
the loads of a structure to firm substrata, which formation shall
include, but not necessarily be limited to, cellars, basements, crawl
spaces, floating concrete mats with frost walls, piers and/or pilings
extending into the ground below the frost line or to solid rock.
PERMITTED USE
A land use which is permitted by right in a district subject
only to the requirements of these regulations.
PERSON
Includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
PLACE
An open, unoccupied space or public or private thoroughfare,
other than a street or alley, permanently reserved as the principal
means of access to abutting property.
PLAN, LAND
(See: LAND SUBDIVISION PLAN; LAND USE PLAN)
PLANNED UNIT DEVELOPMENT
A residential, commercial or industrial development on a
parcel of land at least three (3) acres in size in single ownership
and consisting of two (2) or more buildings having any yard, court,
parking or loading space in common and/or a land area having, by design,
individual building sites and common property for open space and is
organized to operate as a unit, without necessary participation of
other units and building sites, the ownership of common property and
building sites being either public or private, common or individual,
according to a submitted plan.
PLAT
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties and
other such details as may be required for review.
PREFABRICATED BUILDING OR PREFABRICATED BUILDING STRUCTURE
A completely assembled and erected building designed and
constructed for permanent occupancy, of which fifty percent (50%)
or greater of the structural parts consist of individual prefabricated
structural units (such as a beam, girder plant, strut, column or truss)
and prefabricated building sub-assemblies (such as an assembled section
of wall, ceiling, floor or roof, which may be of closed or open construction)
that are transported from the place of manufacture to the building
site to be incorporated into the building by field erection of such
structural units and building sub-assemblies, having need of a perimeter
formation permanent foundation. The term shall include buildings designed
and intended to be used for dwelling, business, educational or industrial
use occupancy.
PREFABRICATED MODULE
A built up combination of prefabricated building sub-assemblies
(consisting of at least the floor, walls and ceiling) constructed
and arranged forming an attachable cell or set of rooms which is of
closed construction, designed and intended to be transported without
need of its own chassis from the place of its manufacture to the building
site where it is to be arranged and united with one (1) or more other
such cells or units of rooms forming a modular building.
PREMISES
A parcel together with all buildings and structures thereon.
PREROLL
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant
material. Prerolls may or may not include a filter or base at the
product.
[Ord. No. 2747, 3-21-2023]
PRIMARY CAREGIVER
Shall have the same meaning as set forth in 19 CSR 30-95.010,
as amended.
[Ord. No. 2747, 3-21-2023]
PRINCIPAL USE
The main purpose for which a lot or the principal building
thereon is designed, arranged or intended and for which it is or may
be used, occupied or maintained in accordance with the provisions
of these regulations.
PRIVATE PROBATION OFFICE
A private company providing pre-sentence investigation reports
or providing probation supervision pursuant to court order.
PROFESSIONAL
A member of a recognized profession including accountants,
architects, dentists, doctors, engineers and lawyers.
PROFESSIONAL OR PUBLIC OFFICE AND/OR PERSONAL SERVICES
An office for the practice of professions such as architects,
engineers, teachers, accountants, real estate agents, brokers or others
duly trained and qualified to provide services of an executive or
professional nature, or governmental offices. Also establishments
providing personal services such as beauty/barber shops, spas, tanning,
tailoring shoe repair or photography.
PROPERTY
That which can be owned, either by an individual or by a
group in common.
PUBLIC OPEN SPACE
Any publicly-owned open area including, but not limited to,
parks, playgrounds, forest preserves, beaches, waterways, parkways
and streets.
PUBLIC USE
Buildings, structures and uses of land owned, operated and
maintained by a government unit or government agency including, but
not restricted to, public schools, fire stations, recreation sites
and facilities and water treatment facilities.
QUALIFYING PATIENT
Shall have the same meaning as set forth in 19 CSR 30-95.010
as amended.
[Ord. No. 2747, 3-21-2023]
QUALIFYING PATIENT CULTIVATION IDENTIFICATION CARD
An identification card, authorized by Article
XIV, Section 1 of the Missouri Constitution, issued by DHSS allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by Article
XIV, Section 1 of the Missouri Constitution and DHSS, only to the extent authorized by applicable law.
[Ord. No. 2747, 3-21-2023]
REAL PROPERTY OR REAL ESTATE
Not only the land itself, whether laid out in town or City
lots, or otherwise, with all things contained therein, but also buildings,
structures, of whatsoever kind, thereon. Included therein is any vehicle
or similar portable structure used or so constructed as to permit
its being used as a dwelling place for one (1) or more persons, if
such structure is resting in whole on a permanent foundation. (Also
see definition "Permanent Foundation")
RECREATIONAL FACILITY, PRIVATE
Park, open space, golf course, tennis court, swimming pool,
clubhouse and other commonly associated facilities owned, operated
and maintained in common by a residential development or other private
party.
RECREATIONAL FACILITY, PUBLIC
Park, open space, golf course, tennis court, athletic club,
swimming pool, rec-plex or other recreational facility owned and maintained
by City, County or State Government.
RECYCLING CENTER
A place where recyclable materials, but not compostable materials,
may be collected, stored, sorted, compacted, shredded, bundled, packaged
or otherwise processed. A recycling center does not include the use
of machinery or furnaces for melting, milling, cutting or shredding
of metals or similar industrial processes.
RECYCLING COLLECTION CENTER
A place where recyclable materials, except hazardous wastes,
may be dropped off for the sole purpose of collection. A recycling
collection station does not include the sorting or processing of material
at a station.
RECYCLING PROCESSING CENTER
A recycling center where machinery or furnaces for the melting,
milling, cutting of metals or similar industrial processed may be
used.
RESEARCH FACILITY OR LABORATORY
An establishment for carrying on testing and investigation
in the natural, physical or social sciences, and which may also include
engineering and product development.
RESTAURANT
A building or portion thereof used or designed for on-premise
food and beverage service for compensation, not including drive-in
restaurants.
RESTAURANT, DRIVE-IN
A restaurant where foods and beverages are customarily served
or dispensed for consumption outside the enclosed structure. Sales
and services may also be provided for consumption in a motor vehicle
on the premises.
RIGHT-OF-WAY
The area of a vehicular way or other strip of land reserved
for public use whether established by prescription, easement, dedication,
gift, purchase, eminent domain or other legal means. (See also: STREET)
ROAD
Any street, highway, avenue, marginal access street, bridge,
viaduct or segment thereof. (See also: STREET)
ROOM
An unsubdivided portion of a dwelling unit interior, excluding
bathrooms, kitchens, closets, hallways and service porches.
ROOMING HOUSE
A building, other than a hotel, where for compensation and
by prearrangement, five (5) or more persons other than occasional
or transient customers are provided with lodging.
SANITARY LANDFILL
A type of operation, conforming to City permit and State
licensing requirements, in which refuse and earth or other suitable
cover material is deposited in alternate layers of specified depth
in accordance with a definite plan on a designated portion of open
land, each layer being compacted with force applied by mechanical
equipment.
SETBACK
The distance in linear feet measured on a horizontal plane
from any lot line to a building or structure on the lot.
SEWAGE, DOMESTIC OR SANITARY
A combination of the waterborne human wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and stormwaters as may be present.
SEWAGE SYSTEM OR WORKS, SANITARY
A facility designed for collection, removal, purifying treatment
and disposal of waterborne sewage generated within a given service
area, with storm, surface and groundwaters not intentionally admitted.
(See also: UTILITIES)
SEWAGE/WASTE, INDUSTRIAL
The liquid wastes from individual manufacturing processes,
trade or business, as distinct from sanitary sewage.
SHALL
Is always mandatory.
SHIPPING CONTAINER
A portable storage container designed and manufactured according
to specifications from the International Standards Organization (ISO)
as a standard, reusable vessel intended to be loaded on a truck, rail
car or ship, used primarily for shipping goods. The term "shipping
container," includes, but is not limited to, cargo containers, railroad
cars, semi-truck trailers, truck vans, converted mobile homes, any
other enclosed type trailers, recreational vehicles, bus bodies, and
similar prefabricated items and structures.
[Ord. No. 2497, 11-19-2019; Ord. No. 2847, 3-19-2024]
SHIPPING-CONTAINER HOME
A dwelling constructed of one (1) or more shipping containers
that have been modified for residential use.
[Ord. No. 2497, 11-19-2019]
SHOOTING OR TARGET RANGE
A place equipped with targets for firearm practice; can be
operated as an indoor or outdoor facility.
SHOPPING CENTER/MALL
A group of retail stores planned and developed for the site
upon which they are built under unified control or ownership at the
time zoning was approved by the City with a total gross floor area
of greater than twenty thousand (20,000) square feet with off-street
parking provided on the property. Stores may be under one (1) roof
or in individual buildings.
SIGN
Any structure, part thereof or device attached thereto, or
painted or represented thereon, or any material or object illuminated
or otherwise, displaying or including any numeral, letter, word, model,
banner, emblem, insignia device, trademark or other representation
used as, or in the nature of, an announcement, advertisement, direction
or designation of any person, firm, group, organization, place, commodity,
product, service, business, profession, enterprise or industry, located
upon any land, building or window. The flag, emblem or other insignia
of a nation, governmental unit or educational, charitable or religious
group shall not be included within the meaning of this definition.
SIGN, ADVERTISING
A sign directing attention to a business, commodity, service
or entertainment.
SIGN AREA
The total surface area of the entire sign, including all
parts and appurtenances thereof (except principal supports, the total
cross-sectional area of which does not exceed one (1) square foot
and on which there is no display of advertising material or any lighting).
In the case of any sign having display surfaces which are not continuous
(e.g., separated letter displays or separated display surfaces), sign
area shall include a theoretical display surface equal to the area
of the smallest enclosure into which the combined non-continuous display
surfaces can be fitted, including intermediate structural supports.
SIGN, BILLBOARD
Any advertising display structure with its facing outline
in excess of twenty (20) square feet not related to a permitted principal
use of the premises.
SIGN, BULLETIN BOARD
A sign used to notify the public of an event or other occurrence
of public interest, such as a church service, political rally, civic
meeting or similar event.
SIGN, BUSINESS
A sign directing attention to a business, profession, display
or entertainment conducted upon a lot or to a commodity or service
stores, sold or displayed on a lot. Only one (1) side of any double
facing business sign shall be considered in the total sign area permitted
for any business building or lot, provided the same theoretical message
appears on both faces of the sign and further provided the sign shall
be perpendicular to the traveled way toward which the sign is oriented
with variations of less than five degrees (5°) permitted.
SIGN CLEARANCE
The vertical distance from the established finished grade
of the ground or sidewalk to the lower edge of a sign.
SIGN COMBINATION
Any sign incorporating any combination of the features of
the signs defined herein.
SIGN, CONSTRUCTION
A sign advertising the development or improvement of a property
by a building contractor or other person furnishing services, materials
or labor to said premises, intended for a limited period of display
and erected on the same lot with the work being done.
SIGN, DIRECTIONAL
A sign containing only the name and location of and/or direction
to a business, community, service or other activity and located other
than on the premises where such business, service or other activity
is conducted.
SIGN, FACE
Any sign attached to the face of a building or structure
in such a manner as to be approximately parallel to the plane of such
building or structure face and not extending farther than one (1)
foot from such face.
SIGN, FREESTANDING
A detached sign supported by one (1) or more uprights, poles
or braces in or upon the ground and not attached to a building or
other structure.
SIGN HEIGHT
The vertical distance measured from the highest point of
the street curb level, the established or mean street grade in case
the curb has not been constructed or the average finished ground level
adjoining the sign if it sets back from the street line, to the level
of the highest point of the sign.
SIGN, IDENTIFICATION
An on-premises sign serving only to tell the name or use
of any public/semi-public building or recreation space, club, lodge,
church or institution or only to tell the name and/or address of an
apartment house or hotel or to identify a parking lot, not including
a sign identifying a commercial or industrial use or a commodity or
service offered on the premises.
SIGN, ILLUMINATED
Any signage display using electrical or other illumination
devices including luminous tubing, either attached or detached.
SIGN, INCIDENTAL USE
A non-illuminated professional or announcement sign, not
exceeding one-half (½) square foot in area and attached wholly
to a building, including those pertaining only to the rent, lease
or sale of property upon which displayed.
SIGN, MARQUEE
A display sign attached to or suspended from a marquee, canopy
or other covered structure projecting from and supported by the building
and extending beyond the building wall or building line.
SIGN, NAME PLATE
A sign servicing solely to designate the name of person or
persons residing in a dwelling.
SIGN, POLE
A sign supported wholly by a pole or poles; the surface of
which is not a part of a building.
SIGN, PRINCIPAL USE
A sign on the same premises with a principal use, announcing
only the name of such principal use and/or the principal product sold
or the principal service rendered by such principal use.
SIGN, PROJECTING
All signs, other than face signs, suspended or supported
by any building or wall and extending outward therefrom.
SIGN, REAL ESTATE
A temporary sign indicating the availability for sale, rent
or lease of the specific lot and/or building upon which the sign is
erected or displayed.
SIGN, ROOF
A sign erected upon or above a roof or parapet wall of a
building or structure but not projecting over public property.
SIGN, SEPARATE USE
Any sign, including a standard poster panel sign or fabricated
sign (billboard) directing attention to a business commodity, service,
entertainment or other activity, conducted, sold or offered elsewhere
than on the premises where said sign is located.
SIGN, SUBDIVISION
A temporary sign advertising the general development, sale
and/or subdivision of land and displayed or erected upon the subject
property, as distinguished from a real estate sign, and to be replaced
at a specified time by a permanent sign identifying said development
or subdivision.
SIGN, TEMPORARY
Any sign intended to be displayed for a short period, which
period shall not be greater than three (3) months.
SIGN, WALL
Any sign painted on, attached to or erected against the wall
of a building or structure, with the exposed sign face parallel to
the plane of said wall and extending not more than twelve (12) inches
from the face of the wall.
SITE DISTANCE AREA
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision of vehicular traffic within the required site distance area per Section
405.050, Drawing ST-1.
[Ord. No. 2245 §I, 9-15-2015]
SITE PLAN
A plan showing uses and structures proposed for a selected
parcel, including lot lines, streets, building sites, reserved open
spaces, buildings, major landscape features, both natural and manmade,
and proposed utilities locations.
SOLID WASTE
Garbage, refuse and other discarded material including, but
not limited to, solid and liquid waste materials resulting from industrial,
business, agricultural and residential activities.
SPACE
(See: PUBLIC OPEN SPACE; PARKING SPACE)
STABLE, PRIVATE
An accessory building for keeping horses, ponies, mules or
cows owned by occupants of the premises and not kept for remuneration,
hire or sale.
STABLE, PUBLIC
A stable other than a private or riding stable as defined
herein.
STABLE, RIDING
A structure where horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for remuneration,
hire or sale.
STORAGE, UNENCLOSED
An area outside of a building which is used for the storage
of usable goods and materials but not for the storage of trash or
other discarded material.
STORAGE UNITS
An enclosed structure containing separate storage spaces
of varying sizes leased or rented on an individual basis.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if no floor
is above it, then the space between any floor and the ceiling next
above it.
STORY, HALF
A 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 three (3) feet above the floor of such story, except any partial
story used for residential purposes other than for a janitor or caretaker
or his/her family, or by a family occupying the floor immediately
below it, shall be deemed a full story.
STRAW BALE
A rectangular compressed block of straw, bound by ties.
[Ord. No. 2497, 11-19-2019]
STRAW-BALE HOME-
A dwelling whose walls are constructed of bales of straw,
compressed and wire-tied or string-tied into large units and built
up on a concrete slab as if they were oversized bricks.
[Ord. No. 2497, 11-19-2019]
STREET
Any public or private right-of-way which affords the primary
means of access to abutting property.
STREET, COLLECTOR
A minor street which collects traffic from other minor streets
and serves as the most direct route to a major street or community
facility.
STREET, CUL-DE-SAC
A minor street having one (1) end open to vehicular traffic
and having one (1) closed end terminated by a turnaround.
STREET, FRONTAGE OR SERVICE
A minor street auxiliary to and located on the side of a
major street for service to abutting properties and adjacent areas
and for control of access.
STREET LINES
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STREET, MAJOR
An arterial street which is designated on the Major Street
Plan or Comprehensive Plan.
STREET, MINOR
Any street not classified as a major street on the Major
Street Plan or Comprehensive Plan.
STREET SURFACE WIDTH
That portion of any street designated for vehicular traffic
and, where curbs are laid, that portion of any street between the
curbs.
STRIP MALL
A commercial development consisting of at least three (3)
retail sales or service areas located in one (1) building with a total
gross floor area of twenty thousand (20,000) square feet or less with
separate main entrances to the exterior of the building with off-street
parking provided on the property.
STRUCTURE
Anything constructed or erected which required location on
the ground or attached to something having a location on the ground;
provided however, that utility poles, fences and walls (other than
building walls) shall not be considered to be structures. Also, that
which is the result of any construction, or any production or piece
of work built up or composed of parts joined together in a definite
manner; that which is built or constructed.
TATTOO PARLOR
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of placing designs, letters, figures, symbols, or other marks upon
or under the skin of any person; using ink or other substances that
result in the permanent coloration of the skin by means of the use
of needles or other instruments designed to contact or puncture the
skin.
[Ord. No. 2488, 9-17-2019]
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of telecommunications as authorized by the Federal Communications
Commission which a person seeks to locate or has installed upon a
tower or antenna.
TELECOMMUNICATIONS TOWER
A self-supporting lattice, guyed or monopole structure which
supports telecommunication facilities. The term tower does not include
amateur radio operators' equipment or utility poles.
TEMPORARY BUILDING OR USE
A use or building established for a delineated time span
in connection with a specific purpose such as a construction project
or real estate development, not to include facilities for sleeping
or cooking.
TEMPORARY STRUCTURE
A structure that has no foundation or footings and is intended
to remain for a limited time terminating upon expiration of a specific
time period. A temporary structure permit shall be required when a
temporary structure is being used in a commercial application.
THEATER
A building or part of a building devoted primarily to the
showing of motion pictures or theatrical productions on a paid admission
basis.
THEATER, OUTDOOR OR DRIVE-IN
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of motion pictures or theatrical
productions on a paid admission basis to patrons seated in automobiles
or on outdoor seats.
THOROUGHFARE PLAN
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning and Zoning Commission, approved by the Board of Aldermen,
and duly recorded in the office of the County Recorder of Deeds of
Warren County.
TOPOGRAPHIC MAP
A map showing all principal physical features of an area,
including elevation.
TOURIST HOME
A building other than a hotel or motel where lodging is provided
and offered for compensation to not more than twenty (20) transient
guests, with only one (1) sign not more than two (2) square feet in
area.
TRAILER
(See: MOBILE HOME; VACATION VEHICLE)
TRAILER, CONSTRUCTION
A vehicle, other than a motor vehicle, designed or intended
for temporary office space and/or storage, but not dwelling purposes,
whether or not such vehicle is attached to or resting on the ground
or something having a location on the ground, and is parked on the
building site where construction work is occurring and requires a
permit prior to its placement.
TRAILER, UTILITY
A vehicle, other than a motor vehicle, designed or intended
for general hauling, whether or not such vehicle is attached to or
resting on the ground or something having a location on the ground,
not to be used for living quarters.
[Ord. No. 2473, 6-18-2019]
TRANSIENT AMUSEMENT ACTIVITIES
An amusement, recreational or entertainment type of business
or organization operating at one (1) venue for a fixed and short period
of time. (A carnival, circus, rodeo, fair or traveling exhibition
would all be examples of transient amusement activities.)
TRANSITIONAL LIVING FACILITY
A residential structure specifically excluding substance
abuse counseling and treatment where, for compensation and prearrangement
for definite periods of time, professional support, education, lodging,
transportation, meals, supervision and training or a combination of
any items listed above are provided to create a stable living environment
with the primary purpose of assisting adults in transitioning to independent
living.
[Ord. No. 2151 §I, 3-18-2014; Ord. No. 2481, 7-16-2019]
TRANSPORTATION INSTALLATIONS, MAJOR
Industrial-type transportation facilities to include airports,
bus terminals, flight strips and heliports, railroad terminals and
yards and truck terminals.
TRUCK STOP
A facility used for the fueling and servicing of trucks,
including accessory uses such as truck wash, sleeping accommodations,
showers, restaurant and gift shop.
[Ord. No. 2497, 11-19-2019]
TRUCK TERMINAL
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.
USE
The use of property is the purpose or activity for which
the land, or building thereon, is designed, arranged or intended or
for which it is occupied or maintained.
UTILITIES, MAJOR
Publicly or privately owned, operated and maintained facilities
requiring licensing and monitoring beyond local levels and more selectively
in their location within the community, such as sanitary landfills,
sewage treatment plants and outfall sewers, radio and television transmitter
towers, electrical substations and telephone exchanges, power generating
plants and water towers.
UTILITIES, PRIVATE
Those water, sewer, storm drainage, communication, power
or other facilities privately-owned, operated and maintained for a
specific service area and which comply with applicable public health
standards.
VACATION OR RECREATIONAL VEHICLE
All vehicles used or constructed for use as conveyances upon
public streets and highways and duly licensable as such and constructed
for human occupancy as dwellings or sleeping places for one (1) or
more person, provided further, this definition shall refer and include
all portable contrivances used or intended to be used generally for
temporary living and sleeping quarters and capable of being moved
by its own power, towed or transported by another vehicle, including
camping trailers of any sort and pickup campers; however, such vehicle
may not be connected to utilities at the owner's property site or
used as living quarters there or parked in any required front yard.
VACATION OR RECREATIONAL VEHICLE LAYOVER STOP
A parcel of land consisting of at least one and one half
(1.5) acres where no more than four (4) vacation or recreational vehicles
are permitted to park at any time. A vacation or recreational vehicle
may be parked at a layover stop temporarily for a period of not more
than ninety-six (96) hours per parking occurrence. A parking occurrence
shall begin when a vacation or recreational vehicle first parks at
a layover stop and shall run continuously from the initial time of
the parking occurrence, even though the vacation or recreational vehicle
may be parked intermittently during the time duration. All vacation
or recreational vehicles located on a vacation or recreational vehicle
layover stop are required to be fully licensed and on its wheels,
or the vacation or recreational vehicle's jacking system may be attached
to the site by quick-disconnect-type utilities and security devices
only, with no permanently attached additions. Parking of vacation
or recreational vehicles at a layover stop must comply with all other
regulations of the City of Warrenton City Code. No fee can be charged
for a parking occurrence.
[Ord. No. 2164 §I, 5-20-2014]
VACATION OR RECREATIONAL VEHICLE OR TRAVEL TRAILER PARK
An area licensed and used or offered for use in whole or
part, with or without charge, for the parking of occupied travel trailers,
pickup campers, converted buses, motor homes, tent trailers, tents
or similar devices used for temporary, portable housing. Unoccupied
mobile homes, travel trailers and similar devices may be stored in
the park, but only in an area marked for storage. No repair, maintenance,
sales or servicing of such devices are allowed in the park.
VARIANCE
A modification or variation of the provisions of these regulations
as applied to a specific piece of property.
YARD
The open space at grade remaining between the lot lines adjoining
such space and the principal building or building lines on such lot,
unoccupied and unobstructed by any portion of a structure from the
ground upward, except as otherwise provided.
YARD, FRONT
A yard extending between side lot lines and across the front
of a lot and being the minimum horizontal distance between the street
or lot line and the principal building or any projections thereof
other than the projections of the usual uncovered steps, uncovered
balconies or uncovered porch. On corner lots, the front yard shall
be considered as parallel to the street the front door faces.
YARD, REAR
A yard extending between side lot lines and across the rear
of a lot and being the required minimum horizontal distance between
the rear lot line and the rear of the principal building or any projections
thereof other than the projections of uncovered steps, unenclosed
balconies or unenclosed porches; the rear yard being opposite the
front yard.
YARD, SIDE
A yard between the principal building and the side line of
the lot, and extending from the required front yard to the required
rear yard, being the minimum horizontal distance between a side lot
line and the side of the principal building or any projection thereof.
If no front yard is provided, the front boundary of the side yard
shall be the front line of the building site, and if no rear yard
is provided, the rear boundary of the side yard shall be the rear
line of the building site.
ZONING
A unified set of regulations and maps establishing use groups
by district designations and controlling the placement, height, bulk,
coverage and performance and other standards for use of land and structures
within each district.
ZONING APPEAL
An official request for reconsideration filed with the Zoning
Board after an application to the Zoning Enforcement Officer for a
zoning permit has been denied for non-compliance with the requirements
of the ordinance.
ZONING MAP
The City's official Zoning Map and all amendments thereto
located in the office of the City Clerk.