City of Park Hills, MO General Provisions

[R.O. 2016 § 400.010; Ord. No. 160-97 § 2, 10-14-1997; Ord. No. 205-98 § 1, 5-12-1998; Ord. No. 440-02 §§ 1 — 2, 11-12-2002]

Short Title. This Title shall be known and may be cited and referred to as the "Zoning Code of the City of Park Hills, Missouri."

Definitions. For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number shall include the plural, and the plural singular; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory.

ACCESSORY BUILDING

A subordinate building, or a portion of the main building, which is incidental to the principal building or use and which is located on the same lot with such principal building or use.

ACCESSORY USE

A use incidental to the principal use of a building located on the same lot with the principal building or use.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

A commercial establishment which has more than twenty-five percent (25%) of its stock-in-trade in, or derives more than twenty-five percent (25%) of its revenues from the sale or rental of, or devotes more than twenty-five percent (25%) of its advertising budget to the promotion of the sale or rental of, or maintains more than twenty-five percent (25%) of its sales or display space for the sale or rental, for any form of consideration, of any one (1) or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas";

Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

Persons who appear semi-nude; or

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas."

ADULT MOTEL

A hotel, motel or similar commercial establishment which:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either:

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

ADULT USES

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio or sexual encounter center.

AGRICULTURAL (FARM) USE

An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten (10) acres in one parcel under common ownership or operation, and provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.

ALLEY

A public or private thoroughfare or way which affords only a secondary means of access to abutting property.

APARTMENT/APARTMENT HOUSE

See "dwelling, multiple or apartment."

ASSISTED LIVING FACILITY

As defined by Section 198.006, RSMo.

[Ord. No. 1054-13 § 1, 12-10-2013]

BALCONY

A platform that projects from the wall of a building and is enclosed by a parapet (low wall) or railing.

BASEMENT

A story having one-half (1/2) or more of its height above grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

BILLBOARD or SIGN BOARD

A panel or structure designed to carry or display a sign or advertisement outdoors for the purpose of making anything known, including those in which the origin or point of sale is remote from said display. Billboards shall include walls, fences, or other structures on which advertising signs may be painted or attached.

BOARDINGHOUSE, LODGING HOUSE, or ROOMING HOUSE

A building or place where rooming, lodging or lodging and board are provided (or which is equipped to regularly provide such services) by prearrangement for definite periods and for compensation. A boarding, lodging, or rooming house may have accommodations for three (3) or more persons, but not more than nine (9) persons. A boarding, lodging, or rooming house is distinguished from a hotel which is open to transients and has accommodations for ten (10) or more persons.

BUILDABLE WIDTH

The width of the lot left to be built upon after the side yards are provided.

BUILDING

Any structure having a roof supported by columns or walls built for the support, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment.

BUILDING, HEIGHT OF

The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and the ridge for gable, hip, and gambrel roofs.

CANOPY

An independent, ground-supported, roofed structure with totally open sides.

CELLAR

A story having more than one-half (1/2) of its height below grade. A cellar shall not be counted as a story for the purpose of height regulation.

CHILD OR DAY CARE CENTER

Any place, home or institution which receives five (5) or more children under the age of seventeen (17) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated, or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood, marriage, or adoption within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within an institutional building while their parents or legal guardians are attending services, meetings or classes or engaged in church activities. The term "child or day care center" shall be deemed to include "day care homes" and "day nurseries," as defined by the Missouri Department of Social Services for licensing purposes.

CHURCH

A permanent building primarily and regularly used as a place of religious worship.

[Ord. No. 1548-23, 7-11-2023]

CLINIC, MEDICAL OR DENTAL

An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine or dentistry together.

CLUB

A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit, or to render a service which is customarily carried on as a business.

COMMERCIAL USE

Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.

COMPREHENSIVE FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

[Ord. No. 1548-23, 7-11-2023]

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical 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. 1548-23, 7-11-2023]

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient or primaiy caregiver, as those terms are defined in Section 400.010 of this Article, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Article 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. 1548-23, 7-11-2023]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Department 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. 1548-23, 7-11-2023]

COMPREHENSIVE PLAN

An official document adopted by the City of Park Hills setting forth a plan for the physical development of the community, including studies of land use, streets, traffic volume and flow, schools, parks and other public buildings.

CONDOMINIUM

A single dwelling structure intended to be occupied by a number of single families and within which each single-family dwelling unit is sold to its occupants as an individually subdivided parcel of the entire structure.

DAY CARE

A child care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.

[Ord. No. 1548-23, 7-11-2023]

DEPARTMENT

The Department of Health and Senior Services, or its successor agency.

[Ord. No. 1548-23, 7-11-2023]

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON

The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified anatomical areas" or "specified sexual activities."

DISTRICT, ZONING

A section or sections of the City of Park Hills for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of the use are uniform.

DRIVE-IN RESTAURANT or CAFE

A restaurant, cafe, or similar establishment where the facilities or services are designed to permit food or beverages to be consumed on the premises outside the building or in automobiles parked on the premises.

DWELLING

Any building or portion thereof which is designed and used exclusively for residential purposes.

DWELLING, ATTACHED SINGLE-FAMILY

One of a series of attached dwellings designed exclusively for occupancy by one (1) family and located on individually subdivided lots of record. Attached single-family dwellings may be the townhouse, patio house, or condominium types, so long as each unit is located on an individual lot of record to be conveyed as part of the property which each unit occupies.

DWELLING, DETACHED SINGLE-FAMILY

A building designed for or occupied exclusively by one (1) family and entirely surrounded by a yard or other separation from buildings or adjacent lots. "Single-family dwelling" or "single-family residence" shall include, but not be limited to, any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. "Single-family dwelling" or "single-family residence" shall include, but not be limited to, 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 less than seven (7) children who are unrelated to either the foster parent by blood, marriage or adoption.

DWELLING, MULTIPLE OR APARTMENT

A building or portion thereof designed for or occupied by three (3) or more families living independently of each other, exclusive of attached single-family dwellings, townhouses, patio houses, or condominiums on individually subdivided lots of record.

DWELLING, TWO-FAMILY

A building or portion thereof designed for or occupied by two (2) families living independently of each other, including a duplex or semi-detached dwelling.

DWELLING UNIT

One (1) or more rooms in a dwelling designed for or intended to be occupied as separate living quarters by a single family as defined herein.

ENTERTAINMENT BUSINESS WHICH IS ORIENTED PRIMARILY TOWARDS CHILDREN OR FAMILY ENTERTAINMENT

Any business providing entertainment for which sixty percent (60%) or more of the public who are customers, patrons and members of the audience are children under eighteen (18) years of age or adults [persons eighteen (18) years of age or older] who are accompanying children under eighteen (18) years of age.

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. 1548-23, 7-11-2023]

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.

FAMILY

One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization and not more than two (2) other persons not related by blood, marriage or adoption, or a group of not more than three (3) persons (excluding servants) not related by blood, marriage, or adoption and living together as a single housekeeping organization in a dwelling unit.

FEDERAL OR STATE PARKS

Park, reservation, playground, beach, recreation center, or any other public area or land in the City, owned by the government of the United States, or by the State of Missouri, or by any agency thereof, and devoted to active or passive recreation.

FILLING STATION

Any building or premises used for the sale at retail of motor vehicle fuels, oil, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.

FLOOR AREA

The total number of square feet of floor space within the exterior walls of a building, not including space in cellars, basements, porches, carports, or garages. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

FLOWERING PLANT

A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

[Ord. No. 1548-23, 7-11-2023]

FRONTAGE

All the property on one (1) 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, then all the property abutting on one (1) side between an intersecting street and the dead-end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.

GARAGE, COMMERCIAL OR PUBLIC

Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include an automotive repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

GARAGE, PRIVATE

A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises, provided that no business occupation, or service is conducted for profit therein nor space therein for more than one (1) car is leased to a non-resident of the premises.

GARAGE, STORAGE OR PARKING

A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, or household items, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired, or sold. This is to include household and commercial self storage building.

GRADE

The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

HOME OCCUPATION

Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within the main building or accessory building by a member of the family residing on the premises, provided that no person not a resident on the premises is employed, no stock in trade is kept, or commodities sold, no internal or external alterations or special construction of the premises are involved, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-ray or electrical disturbance to radio or television instruments, no generation of substantial volumes of vehicular instruments, no generation of vehicular or pedestrian traffic or parking demand is created and in connection with which there is no advertising sign displayed other than a nameplate not exceeding one (1) square foot in area, and there is no other exterior indication that the building is being used for any purpose other than a dwelling.

When within the above requirements, permitted home occupations include, but are not limited to, the following:

Art studio;

Babysitting, limited to four (4) children at one (1)time;

Dressmaking or tailoring;

Home crafts, provided that no machinery or equipment be used other than that customarily found in a home;

Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice or normal treatment of patients;

Professional office of a real estate agency, insurance agency, engineer, attorney, or similar occupation;

Teaching, including music instruction, limited to not more than two (2) pupils at one time.

Permitted home occupations shall not be interpreted to include barber shops, beauty shops, child or day care centers, nursery schools, auto repairing, antique shops, sign painting, restaurants, plumbing and electrical appliance shops, stables, kennels, or animal hospitals, or any other light manufacturing or assembling operations.

HOTEL

Any building or portion thereof that contains guest rooms that are intended to be used or occupied, or are occupied by ten (10) or more persons for compensation, whether it be paid directly or indirectly, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

INDUSTRIAL PARK

An industrial park is a tract of land, the control and administration of which are vested in a single body, suitable for industrial use because of location, topography, proper zoning, availability of utilities, and accessibility to transportation. The uses permitted are regulated by protective minimum restrictions, including size of site, parking and loading regulations and building setback lines from front, side, and rear yards.

INDUSTRY or INDUSTRIAL

The terms "industry" and "industrial" as used in this Chapter are restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses, and other businesses that are primarily commercial in nature.

INFUSED PREROLL

A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper; (2) dried flower, buds, and/or plant material; and (3) a concentrate, oil or other type of marijuana extract, either within or on the surface of the product. Infused prerolls may or may not include a filter or crutch at the base of the product.

[Ord. No. 1548-23, 7-11-2023]

INSTITUTION

A building occupied by a non-profit corporation or a non-profit establishment for public use.

INTERMEDIATE CARE FACILITY

As defined by Section 198.006, RSMo.

[Ord. No. 1054-13 § 1, 12-10-2013]

LICENSED DAY CARE

A Missouri Department of Health and Senior Services licensed, regulated, or child care subsidized facility where care is provided for children by a child care provider for any part of the twenty-four (24) hour day.

[Ord. No. 1548-23, 7-11-2023]

LOADING SPACE

An off-street space or berth on the same lot with a building, or within a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access. A loading space shall have minimum dimensions of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

LOT

A parcel of land occupied or intended for occupancy by use permitted in this Chapter, including one (1) main building together with its accessory building, open spaces, and parking spaces required by this Chapter, and having its principal frontage upon a street or upon an officially approved place.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, COVERAGE

That percentage of a lot which, when viewed from above, would be covered by a structure or structures, on any part thereof, excluding roof eaves.

LOT, DEPTH OF

The mean (average) horizontal distance between the front and the rear lot lines.

LOT OF RECORD

A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of St. Francois County, Missouri, or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of St. Francois County, Missouri, prior to the adoption of this Chapter.

MANUFACTURER

An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.

MARIJUANA or MARIHUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the marijuana plant and marijuana-infused products. "Marijuana" or "marihuana" do not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.

[Ord. No. 1548-23, 7-11-2023]

MARIJUANA ACCESSORIES

Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

[Ord. No. 1548-23, 7-11-2023]

MARIJUANA CONSUMER

A person who is at least twenty-one (21) years of age.

[Ord. No. 1548-23, 7-11-2023]

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 Department pursuant to this Chapter, but shall not include a medical facility licensed under Section 1 of this Article.

[Ord. No. 1548-23, 7-11-2023]

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. 1548-23, 7-11-2023]

MARIJUANA MICROBUSINESS FACILITY

A facility licensed by the Department as a microbusiness dispensary facility or microbusiness wholesale facility, as defined in this Section.

[Ord. No. 1548-23, 7-11-2023]

MARIJUANA TESTING FACILITY

A facility certified by the department to acquire, test, certify, and transport maiijuana, including those odginally licensed as a medical marijuana testing facility.

[Ord. No. 1548-23, 7-11-2023]

MEDICAL FACILITY

Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in this Section.

[Ord. No. 1548-23, 7-11-2023]

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to 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. 1548-23, 7-11-2023]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter 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 a location allowing for the legal possession of marijuana, another medical marijuana 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. 1548-23, 7-11-2023]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Department 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. 1548-23, 7-11-2023]

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, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition.

[Ord. No. 1548-23, 7-11-2023]

MICROBUSINESS DISPENSARY FACILITY

A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a consumer, qualifying patient, as that term is defined in this Section, or primary caregiver, as that term is defined in Section 1 of this Article, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of this Article 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. 1548-23, 7-11-2023]

MICROBUSINESS WHOLESALE FACILITY

A facility licensed by the Department 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 marijuana 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. 1548-23, 7-11-2023]

MOBILE HOME

A factory built structure or structures more than eight (8) body feet in width and thirty-two (32) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.

MOBILE HOME SUBDIVISION

The division of a tract of land into lots, tracts, sites, parcels, areas and/or the division of a tract of land into any number of lots, tracts, sites, parcels, or areas of any size which may include improvements, new streets, easements, rights-of-way, rights of ingress and egress or provision for a public area or public facility. The creation of said subdivision is for the express purpose of providing for the placement of mobile homes. Said subdivision may be classified as a minor subdivision or a major subdivision based upon the scope of the particular development.

MODULAR HOME UNIT

A factory fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. For the purposes of this Chapter, "modular home units" are considered as permissible single-family dwellings in all residential districts.

MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURT

Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of transients in automobiles.

NON-CONFORMING USE

Any building or land lawfully occupied by a use at the time of passage of this Code or amendment thereto which does not conform after the passage of this Code or amendment thereto with the use regulations of the district in which it is situated.

NUDITY or A STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

NURSING, REST OR CONVALESCENT HOME

A home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

OFFICE

A place where business or services for others is transacted and not a place where chattels or goods, wares, or merchandise are commonly created, exchanged or sold.

OWNER

An individual who has a financial (other than a security interest, lien, or encumbrance) or voting interest in ten percent (10%) or greater of a marijuana facility.

[Ord. No. 1548-23, 7-11-2023]

PATIO HOUSES

A group of basically "L" shaped, single-family dwellings, which more or less enclose a private courtyard or patio and within which each single-family unit is located on an individual subdivided lot.[1]

PARKING LOT

An open, surfaced area used or required exclusively for the parking of vehicles, for a period not to exceed seventy-two (72) hours, in which no vehicles may be equipped, repaired, rented or sold nor fees charged.

[Ord. No. 1089-14 § 1, 8-12-2014]

PARKING SPACE, OFF-STREET

An area, enclosed or unenclosed, sufficient to store one automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile. An off-street parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet, exclusive of driveways.

PLACE

An open, unoccupied space or a public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PLANNING AND ZONING COMMISSION

The official planning and zoning body of the City of Park Hills, Missouri.

[Ord. No. 1548-23, 7-11-2023]

PLAT

A map, plan or layout of a city, township, section or subdivision indicating the location and boundaries of individual properties.

PORCH

A covered entrance to a building, usually with a separate roof, that may or may not be enclosed, or a roofed, open gallery attached to the exterior of a building.

PREMISES

A lot, 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 crutch at the base of the product.

[Ord. No. 1548-23, 7-11-2023]

PUBLIC BUILDING OR FACILITY

A building or facility owned or operated by a general unit of local, State or Federal government; or a building or facility under the laws of the State of Missouri; or a building or facility operated or used by a non-profit organization and open for the general use by the public.

QUALIFYING PATIENT

A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined by Amendment 2 of the Missouri Constitution.

[Ord. No. 1548-23, 7-11-2023]

RESIDENTIAL CARE FACILITY

As defined by Section 198.006, RSMo.

[Ord. No. 1054-13 § 1, 12-10-2013]

SCHOOL

Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

[Ord. No. 1548-23, 7-11-2023]

SEMI-NUDE or IN A SEMI-NUDE CONDITION

The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.

SEMI-NUDE MODEL STUDIO

Any place where a person appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured or photographed by other persons who pay money or any form of consideration. Semi-nude model studio shall not include a proprietary school licensed by the State of Missouri or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

Where no more than one (1) semi-nude model is on the premises at any one (1) time.

SEXUAL ENCOUNTER CENTER

A business or commercial establishment that, as one (1) of its principal business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of "specified sexual activities." The definition of "sexual encounter establishment" or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

SHOPPING CENTER

A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

SIGN

An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business, or which provides general information.

SKILLED NURSING FACILITY

As defined by Section 198.006, RSMo.

[Ord. No. 1054-13 § 1, 12-10-2013]

SPECIFIED ANATOMICAL AREAS

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

The fondling of another person's genitals, pubic region, anus or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

STORY

That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.

STREET

A public or private right-of-way or thoroughfare which affords the principal means of access to abutting property.

STREET LINE

A dividing line between a lot, tract, or parcel of land and a contiguous street.

STRUCTURE

Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas (projecting roofs).

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams or girders, or any substantial change in roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by existing ordinances.

TOURIST OR TRAILER CAMP

An area where one (1) or more tents or auto trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities for one or more families, and intended primarily for automobile transients.

TOWNHOUSE

One of a series of three (3) or more attached single-family dwellings, two (2) or three (3) stories in height, which are separated horizontally from one another by solid partition walls extending from basements to roof without openings, and which fronts on a public street or other approved place and has both a front and rear yard.

TOWNHOUSE APARTMENT

One of a series of three (3) or more attached dwellings, two (2) or three (3) stories in height, for single-family occupancy which are separated from one another by partition walls extending from basement to roof without openings, but which are not located or sited on individual subdivided lots.

TRAILER OR MOBILE HOME PARK

An area or plot of ground upon which four (4) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.

USE

The purpose for which land or building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

VESTIBULE or LOBBY

A passage, hall, or room between the outer door and the interior of a building.

YARD

An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter. In measuring required yard widths and depths, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

A yard extending across the front of a lot and being the minimum horizontal distance between the front lot line and the main building or any projections thereof other than the projections of the usually uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR

A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard.

YARD, SIDE

A yard between the main building and the side line of the lot, extending from the required front yard to the required rear yard, and being the minimum horizontal distance between the side lot line, and the side of the main buildings or any projections thereto.

[1]

Editor's Note: The definition of "parking area," which immediately followed this definition, was repealed 8-12-2014 by § 1 of Ord. No. 1089-14.

"R-1"	Single-Family Residential District
"R-2"	Single-Family Residential District
"R-3"	General Residential District
"MH"	Mobile Home Park District
"C-1"	General Commercial District
"C-2"	Central Business District
"C-3"	Planned Commercial District
"M-1"	Light Industrial District
"M-2"	Heavy Industrial District
"M-3"	Planned Industrial Park District