[CC 2000 §9-1-1; CC 1974 §20-1]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ACCESSORY
A subordinate building or portion of a main building, the
use of which is incidental to that of the main building. (The word
"building" includes the word "structure".)
BASEMENT
That portion of a structure which is partly underground but
having less than fifty percent (50%) of its ceiling height thirty-six
(36) inches above the average grade of the adjoining ground.
BUILDING
A structure having a roof supported by columns or walls.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the finished grade along the front of the building to the highest
point of the roof surface if a flat roof, to the deck line of mansard
roofs and to the mean height level between eaves and ridge for gable,
hip and gambrel roofs.
BUSINESS
Includes the commercial uses and districts as herein defined.
DISTRICT
One (1) or more sections of the City for which the regulations
governing the height, area and use of buildings and premises are the
same.
DWELLING, MULTIPLE
A building or portion thereof used or designed as a residence
for two (2) or more families living independently of each other, including
apartments.
EXTENDED FAMILY
An individual or married couple and the children thereof
and no more than two (2) other persons related directly to the individual
or married couple by blood or marriage and not more than one (1) unrelated
person or a group of not more than three (3) persons not related by
blood or marriage living together as a single housekeeping unit in
a dwelling unit.
FAMILY
A person or group of persons immediately related by blood,
marriage or adoption, living as a single housekeeping unit; also a
group of not more than three (3) persons, not necessarily related
by blood, marriage or adoption, living as a single housekeeping unit.
FRONTAGE
All the property abutting on one (1) side of a street or
place between two (2) intersecting streets or places (crossing or
terminating) measured along the line of the street or place or, if
the street or place be a dead-end street, then all the property abutting
on one (1) side between an intersecting street or place and the dead
end of the street or place or if the street or place be intersected
by the City, then all the property abutting on one (1) side between
an intersecting street or place and the City limits.
GARAGE, PRIVATE
A garage with capacity for not more than two (2) self-propelled
vehicles for storage only; provided however, that a private garage
may exceed a two (2) vehicle capacity if the lot on which such a garage
is located contains not less than one-half (½) acre for each
vehicle stored.
GARAGE, PUBLIC
Any premises, except those described as a private garage,
used for the storage or care of self-propelled vehicles.
GROUP HOME
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.
HOME OCCUPATION
Any occupation in connection with which there is used no
sign or display that will indicate from the exterior that the building
is being utilized, in whole or in part, for any purpose other than
that of a dwelling in connection with which there is kept no stock
in trade nor commodity sold upon the premises, no person employed
other than a member of the immediate family residing on the premises
and no mechanical equipment used, except such as is permissible for
purely domestic or household purposes.
LOT
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under this
Title.
LOT, CORNER
A lot situated at the junction of two (2) or more streets
or places.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately
parallel streets or places.
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 the County.
LOWER LEVEL
That portion of a building which is partly underground but
having fifty percent (50%) or more of its ceiling height thirty-six
(36) inches above the average grade of the adjoining ground.
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 plant and marijuana-infused products. "Marijuana"
or "Marihuana" does not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3%) on a dry weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 1383, 8-19-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures, and concentrates.
[Ord. No. 1383, 8-19-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the department, to acquire, cultivate,
process, store, transport, and sell marijuana to a medical marijuana
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 1383, 8-19-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department, to acquire, store,
sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 1383, 8-19-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the department, to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a medical marijuana testing facility,
or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 1383, 8-19-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the department to transport marijuana
to a qualifying patient, a primary caregiver, a medical marijuana
cultivation facility, a medical marijuana-infused products manufacturing
facility, a medical marijuana dispensary facility, a medical marijuana
testing facility, or another medical marijuana transportation facility.
[Ord. No. 1383, 8-19-2019]
NON-CONFORMING USE
A building or land occupied by a use that does not conform
to the regulations of the use district in which it is situated.
PLACE
An open, unoccupied space, other than a street or alley,
permanently reserved as the principal means of access to abutting
property.
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's application
for an identification card under this Section or in other written
notification to the Department of Health and Senior Services and possesses
a valid Primary Caregiver identification card from the Department
of Health and Senior Services or any successor agency.
[Ord. No. 1383, 8-19-2019]
QUALIFYING PATIENT
A Missouri resident possessing a valid Qualifying Patient
identification card issued by the Department of Health and Senior
Services or any successor agency.
[Ord. No. 1383, 8-19-2019]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between such 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 three (3) opposite exterior walls are not more
than three (3) feet above the floor of such story.
STREET
A thoroughfare which affords the principal means of access
to abutting property.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof and exterior walls.
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.
YARD
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
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FRONT YARD — A yard extending across the front of the
lot between the inner side yard lines and measured between them:
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a.
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The front line of the lot and front line of the building; and
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b.
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The front line of the lot and the nearest line of any porch
or paved terrace.
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REAR YARD — A yard extending across the full width of
the lot and measured between the rear line of the lot and the rear
line of the building.
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SIDE YARD — A yard between the building and the side lines
of the lot extending from the street line to the rear yard.
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[CC 2000 §9-2-1; CC 1974 §20-4]
A. Except
as provided by this Chapter, the following regulations shall be observed:
1. Non-conforming buildings and uses. No building shall
be erected, converted, reconstructed or structurally altered nor shall
any building or land be used for any purpose other than is permitted
in the district in which such building or land is located.
2. Height limits. No building shall be erected, reconstructed
or structurally altered to exceed the height limit established for
the district in which building is located.
3. Yards and open spaces. No building shall be erected,
reconstructed or structurally altered so as to intrude upon the area
required for the front, side and rear yards as established; provided
further, that no yard or open space on an adjoining property shall
be considered as providing a yard or open space for a lot upon which
a building is to be erected.
4. Lot area. No lot area shall be so reduced or diminished
that the yards or other open spaces shall be smaller than prescribed
by this Chapter nor shall the area of any lot be reduced below the
minimum requirements established by this Chapter.
5. Dedicated lands. No land dedicated for roadway purposes,
either in a public or private street or place, shall be used as a
yard or as any part of the required lot area prescribed in this Title.
6. Buildings on lots. No building shall hereafter be
erected or structurally altered unless located on a "lot" as defined
by this Chapter and in no case shall there be more than one (1) building
on one (1) lot, except as provided.
[CC 2000 §9-2-2; CC 1974 §20-21]
A. Height. Public and semi-public buildings, schools and institutions
may be erected to a height not exceeding three (3) stories or fifty
(50) feet; provided, that the front, side and rear yards are increased
an additional two (2) feet for each foot such building exceeds the
height limitations of the district in which it is located.
B. Open Space. Every part of a required yard shall be open
from its lowest point to the sky, unobstructed, except for the ordinary
projection of sills, belt courses, cornices, buttresses, ornamental
features and eaves; provided however, that none of the above projections
shall extend into a minimum side yard more than twenty-four (24) inches.