[CC 1976 App. A §2.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §3, 12-11-1989; Ord. No. 2001-28 §2, 4-24-2001; Ord. No. 2001-31 §1, 5-15-2001; Ord.
No. 2001-46 §§3, 6, 6-26-2001; Ord. No. 2004-30 §1, 5-24-2004; Ord. No. 2012-28 §1, 8-13-2012]
The following definitions shall apply in the interpretation
and enforcement of this Chapter, unless otherwise specifically stated:
ABANDONMENT
To discontinue one's use, rights or interest in property.
ABUTTING
Having a common lot line or district line.
ACCESS WAY
A curb cut, ramp, driveway or other means for providing vehicular
access to an off-street parking or loading area.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure having a use customarily
incident to and located on the lot occupied by the main building.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building or is under an extension of the main roof and designed
as an integral part of the main building.
ACCESSORY USE
A use incidental and subordinate to the principal use of
the premises.
ADULT BOOKSTORE
An adult business (as defined in Section
400.265) having as a substantial or significant portion of its stock in trade, explicit sexual material (as defined in Section
400.265) or other establishment with a segment or section devoted to the sale or display of explicit sexual material.
1.
An establishment shall be deemed to have a substantial or significant
portion of its stock in trade if not less than twenty percent (20%)
of the stock of the business or twenty percent (20%) of the floor
area which houses the adult business is explicit sexual material,
provided however, that if the adult business is housed in a building
or structure which includes more than one (1) business, then the "floor area" shall mean and refer to only that portion of
the building which is leased or otherwise demised to the adult business.
2.
An establishment shall also be deemed to have a substantial
or significant portion of its stock in trade if not less than twenty
percent (20%) of the gross receipts of the business or use derived
from the sale of explicit sexual material.
AGRICULTURE
Any one (1) or any combination of the following: the growing
of farm or truck garden crops, dairying, pasturage, horticulture,
floriculture, viticulture or animal/poultry husbandry. The term agriculture
encompasses the farmhouse and accessory uses and structures customarily
incidental to agricultural activities.
AISLE
A vehicular traffic way or lane within an off-street parking
area used as a means of ingress/egress from parking spaces.
ALLEY
A minor public or private right-of-way shown on a plat providing
secondary vehicular access to the rear or side of a lot, block or
parcel of land otherwise abutting a street.
ALTERATION
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
APARTMENT
A room or a suite of rooms within a building arranged, intended
or designed for a place of residence of a single family or a group
of individuals living together as a single housekeeping unit.
AREA, PROJECT
2.
NET PROJECT AREA: Total project area less land
allocated to public street right-of-way, private streets and parking
areas and any land allocated to specified non-project uses such as
schools and churches when determining the "net residential project
area" to be used as a basis for calculating the number of permitted
dwelling units for a planned unit development.
AS-BUILT PLANS
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
ATHLETIC FIELD
An outdoor area, field or court used for purposes of athletic
events and that usually includes seating areas or structures for persons
to observe the event and sometimes includes structures to illuminate
the field for use after dark. Such uses sometimes include accessory
uses such as concession stands, rest rooms and surface parking areas.
ATTACHED
As applied to buildings, means to have a common wall and/or
a common roof.
AUDITORIUM
A structure for housing dramatic presentations, stage entertainments,
musical shows, public meetings, seminars and similar events that entail
mass assembly of people.
AUTOMOTIVE RENTAL
An establishment or place of business primarily engaged in
the rental of automobiles, vans and trucks weighing less than two
(2) tons, including incidental parking and servicing of vehicles available
for rent.
AUTOMOTIVE REPAIR FACILITY
Any structure or premises conducting major repair of vehicles
within enclosed service bays or stalls, including the installation
or removal of engines, radiators, transmissions, differentials, fenders,
doors, bumpers or other major body or mechanical parts or spray painting,
but not including tire recapping or vulcanizing or the outdoor storage
of wrecked or otherwise damaged and immobilized vehicles.
AUTOMOTIVE SALES AND LEASE
An establishment or place of business primarily engaged in
the sale and/or lease of new automobiles, vans and trucks weighing
less than two (2) tons, including incidental parking and servicing
of vehicles available for sale, lease or rent. Such a use also may
include as a subordinate use the sale of used automobiles, vans and
trucks.
AUTOMOTIVE SERVICE CENTER
Any structure or premises used for the servicing and minor
repair of vehicles within enclosed service bays or stalls, including
diagnostic services, lubrication of vehicles and minor engine repair
such as tune-ups and the sale and installation of minor parts and
accessories such as tires, batteries, shock absorbers, brakes, mufflers
and tailpipes. This use shall not include any establishment engaged
in major repair work such as the installation or removal of engines,
radiators, transmissions, differentials, fenders, doors, bumpers or
other major body or mechanical parts, spray painting, tire recapping
or vulcanizing or the storage of wrecked or damaged and immobilized
vehicles.
AUTOMOBILE SERVICE STATION
A place where gasoline or any other vehicular engine fuel
is stored or other products for the operation of motor vehicles are
retailed directly to the public. Automobile service stations may include
facilities for washing vehicles and making minor auto repairs.
AUXILIARY TRAILER
A camping trailer or boat trailer, a vehicular, portable
structure designed and constructed primarily to carry camping and/or
recreational equipment or a boat while in transit.
AWNING OR CANOPY
A structure partially or entirely supported by or attached
to a wall and that is covered by canvas, cloth, plastic or other similar
temporary material used as a protective cover for a door entrance,
window or outdoor service area.
AWNING/CANOPY SIGNS
A sign painted on, printed on or otherwise affixed to the
surface of an awning, canopy or similar structural protective cover
over a door entrance, window or outdoor service area.
BALLOON
Any non-porous bag of lightweight material filled with heated
air, inflatable with continuous airflow or a gas lighter than air
that may rise and float in the atmosphere.
BANKING SERVICES ESTABLISHMENT
An establishment that primarily performs central banking
functions (such as issuing currency, managing national money supply
and international reserves and acting as fiscal agent for the central
government) and accepts deposits (or share deposits) and lends funds
from these deposits and which establishment may include these services
to patrons and customers through an accessory, drive-up use. Banking
services establishments shall also include establishments primarily
engaged in one (1) or more of the following: underwriting securities
issues or making markets for securities and commodities; acting as
agents (i.e., brokers) between buyers and sellers of securities and
commodities; providing securities and commodity exchange services;
providing other services, such as managing portfolios of assets; and
providing investment advice and trust, fiduciary and custody services.
Typical uses include banks, credit unions, savings associations, savings
and loan institutions, investment banking and securities and brokerages.
Banking services establishments do not include pawnshops, businesses
primarily engaged in check cashing or issuing money orders or title
loan establishments or other establishments producing short-term consumer
loans secured by personal property, certificates of title to such
personal property, estimated tax refunds or other such collateral,
which uses are not permitted uses.
BARBER SHOP, BEAUTY SALON or SPA
A commercial establishment that serves its customers by cutting
and dressing hair, shaving, or trimming beards, and/or providing manicures,
pedicures, and facials. For purposes of this Zoning Code, establishments
that provide manicures, pedicures, and facials but do not cut hair
will also be considered a beauty salon.
[Ord. No. 2021-21, 10-25-2021]
BASE FLOOD
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
BASEMENT
A floored and walled substructure of a building at least
fifty percent (50%) above the average finished grade of the building.
BED AND BREAKFAST INN
A residential building containing lodging rooms for accommodation
of not more than six (6) persons who are not members of the keeper's
family where lodging or meals or both are provided by prearrangement
on an overnight basis.
BEER GARDEN, PERMANENT
A permanent establishment that includes any area out-of-doors
and not completely contained within a building and in which alcoholic
beverages and/or food are served.
BEER GARDEN, TEMPORARY
A temporary beer garden operates for a period of time not
more than seven (7) consecutive days in conjunction with a single
event or celebration.
BLOCK
An area of land within a subdivision that is entirely bounded
by streets, highways or right-of-way, except alleys or between streets,
highways, streams, parks, etc. or any other barrier or combination
thereof to the continuity of development.
BOARDING HOUSE
A residential building occupied as a single housekeeping
unit containing lodging rooms and meals for four (4) or more persons
(who are not members of the keeper's family) for compensation. Lodging
and/or meals are provided by prearrangement and for definite periods,
but not on an overnight or per-meal basis to the transient public.
This category of use shall not include a hotel or motel.
BUFFER STRIP
An area of land that remains undeveloped except for landscaping
and fences and is used as a separating space between dissimilar land
uses or districts.
BUILDING
A structure that is affixed to the land, has one (1) or more
floors, one (1) or more exterior walls and a roof and is designed
or intended for the support, shelter or enclosure of persons, animals,
chattel or property of any kind; provided however, a "building" shall not include any vehicle, trailer (with or without wheels)
or any movable device such as furniture, machinery or equipment.
BUILDING COVERAGE
The proportion of the lot area, expressed as a percent, which
is covered by the maximum horizontal cross section of a building or
buildings.
BUILDING HEIGHT
The vertical distance from the average ground level abutting
a building or structure to the highest point of the roof of a building
or highest point of any permanent part of a structure other than a
building.
BUILDING LINE OR SETBACK LINE
A line parallel to a street right-of-way line, edge of a
stream or other property line established on a parcel of land or lot
for the purpose of prohibiting construction of a building or structure
in the area between such building line and right-of-way, stream bank
or other property line.
BULK
The term used to indicate the size and setback of a building
or structure and the location of same with respect to another building
or structure or to a lot line and includes the following: size and
height of a building or structure; location of exterior walls of a
building in relation to lot lines, streets or other buildings; the
floor area of a building in relation to the area of the lot on which
it is located; the open space allocated to a lot surrounding a building;
and the amount of lot area per dwelling unit.
BUSINESS PARK
Retail, office, service and associated support buildings
located in a designated area that features the coordination of landscaping
elements, circulation patterns and design styles.
CAMPGROUND
An area or tract of land on which accommodations for temporary
occupancy are located or may be placed, including cabins, tents and
major recreational equipment, and that is primarily used for recreational
purposes and retains an open air or natural character.
CARPORT
An open, roofed parking area for automotive vehicles. A carport
may be totally open with the roof supported by columns or enclosed
by not more than three (3) walls.
CARWASH
A building or section thereof containing facilities for washing
motor vehicles by:
1.
Providing spaces, water and handheld equipment for the washing
of motor vehicles by the customer, or
2.
Production line methods or mechanical devices.
CATERING SERVICE
A for-profit establishment that prepares and serves meals
for consumption off the premises.
CELLAR
A walled and floored substructure of a building, the ceiling
of which is fifty percent (50%) or more below the average finished
grade of the building.
CEMETERY
A place for burial of the dead, including crematory facilities
as an accessory use.
CHILD CARE CENTER
Facility providing care for five (5) or more children under
the age of thirteen (13) years, not including children of a family
residing on the premises, for any part of a twenty-four (24) hour
day.
CHURCH
A building used principally for religious worship, but the
term "church" shall not include or mean an undertaker's
chapel or funeral building, a religious educational institution or
parochial school or a day care center.
CITY
The City of Overland, Missouri.
CITY COUNCIL
The officially elected Mayor and City Council of the City
of Overland; the term may be abbreviated in this Chapter as the "Council".
CITY PLANNING AND ZONING COMMISSION
The officially appointed Planning and Zoning Commission of
the City of Overland; the term may be abbreviated in this Chapter
as the "Planning Commission" or simply the "Commission".
CLINIC
See, "MEDICAL OR DENTAL CLINIC".
CLUB/LODGE
A building or premises used for social, recreational, dining
or philanthropic purposes (usually a non-profit association of persons
who are bona fide members organized for some purpose(s) and paying
regular dues), the normal use of which is limited to specific members,
patrons or otherwise listed and enumerated persons. It does not include
a group organized solely or primarily to render a service customarily
carried on as a commercial enterprise.
COMMERCIAL, SERVICE
Uses that specialize in the provision of services. Establishments
that would be permitted are those with a low volume of customers whose
visit lasts a lengthy period of time or those establishments with
a moderate volume of customers who make short, quick visits. No establishment
shall generate a substantial number of customers at one time. Includes,
generally, insurance services; repair services; business, professional,
scientific and technical services; and personal services but excludes
other specifically defined uses.
COMPREHENSIVE PLAN
A comprehensive land use plan made and adopted by the City
Planning and Zoning Commission of the City of Overland that through
any combination of text, charts and maps sets forth proposals for
general locations for various land uses, streets, parks, schools,
public buildings, utilities and for the physical development of the
City.
CONDITIONAL USE
A use that would not be appropriate generally or without
restriction throughout the zoning district but which if controlled
as to number, area, location or relation to the neighborhood would
promote the public health, safety, morals, order, comfort, convenience,
appearance, propriety or general welfare. Such uses may be permitted
in such zoning districts as conditional uses, if specific provisions
for such conditional use are made in this Zoning Code.
CONDOMINIUM
A multiple-family dwelling wherein the residents own the
unit in which they live.
CONSTRUCTION CONTRACTOR
A person or business engaged in the construction of buildings,
engaged in heavy construction (such as streets, highways, bridges
or utilities) or specialized in such construction trades as plumbing,
heating and air-conditioning, electrical wiring, masonry, roofing
or gutters, well drilling or house painting.
CONSTRUCTION PLANS
The engineering drawings showing types of materials and construction
details for physical structures and facilities, as well as grading
of the land, excluding dwelling units to be installed in conjunction
with development of a subdivision.
CONVENIENCE STORE
A retail establishment having a gross floor area of five
thousand (5,000) square feet or less, primarily selling foods and/or
gasoline as well as other household goods customarily sold in larger
food markets and supermarkets. This use shall not include automobile
repair facilities or those uses allowed at an automobile repair/body
shop or automobile service station.
COUNCIL
The officially elected Mayor and City Council of the City
of Overland; the term may be abbreviated in this Chapter as "the Council".
CURB LEVEL
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
DAY CARE CENTER
A place that provides shelter and personal care on a regular
basis for five (5) or more children who are not related within the
third degree, computed according to civil law, to the operator for
four (4) or more hours of any part of a twenty-four (24) hour day,
whether such place be organized or operated for profit or not. The
term "day care center" includes child care facility,
kindergarten, nurseries or any other facility that falls within the
scope of the definitions set forth above, regardless of auspices.
DEDICATION
Intentional transfer by a property owner or developer to
the public of ownership of or an interest in land for a public purpose.
Dedication may be effected by formal deed of conveyance or by any
other method recognized by the laws of the State of Missouri.
DENSITY
The number of dwelling units per acre of gross land area.
DETACHED
As applied to buildings, means surrounded by open space on
the same lot as the principal building.
DEVELOP
To erect any structure or to install any improvements on
a tract of land or to undertake any activity in preparation therefore.
DEVELOPER
Any person, persons, corporation or government agency undertaking
any development as defined in this Chapter. The term "developer" includes such commonly used references as "subdivider", "owner" and "proprietor".
DEVELOPMENT
Any subdivision of land as herein defined or any material
change in the use or appearance of any parcel of land subject to provisions
of this Chapter or the act of building structures and/or installing
site improvements.
DISTRICT(S)
A section or sections of the City for which the zoning regulations
governing the use of buildings and premises, the height of buildings,
the size of yards and the intensity of use are uniform.
DORMITORY
A building with many rooms providing sleeping and living
accommodations for a number of usually unrelated persons; usually
associated with an educational or religious institution.
DRIVE-IN ESTABLISHMENT
Any business so developed that its retail or service character
is primarily oriented to serving patrons who remain in their motor
vehicles in a driveway or parking spaces, either primarily or as an
accessory use.
DRIVE-THRU ESTABLISHMENT
An establishment or any portion thereof designed to transact
business directly with customers located in a motor vehicle during
such business transactions.
DRIVEWAY
The access way between the public street and area(s) reserved
for vehicular parking upon the lot. Specifications as to location,
construction and surfacing shall be as regulated by this Chapter.
DRY CLEANER/LAUNDRY
An establishment (sometimes referred to as a "dry cleaning
plant") that uses specialized equipment on site to clean garments,
linens and other items through a specialized process to remove stains,
as well as providing alteration, ironing and/or pressing services
for those items. Generally, the customers deliver to the establishment
and pickup the items to be cleaned. This use shall also include storefront
type or drive-thru establishments that accept and deliver garments
to the customers but do not provide the actual cleaning services and
do not have the cleaning equipment on-site.
DUPLEX
See "DWELLING, TWO-FAMILY".
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple-family dwellings,
boarding and lodging houses, apartment houses and town houses, apartment
hotels, dormitories and condominiums but not hotels or mobile homes.
DWELLING AREA
The area of a dwelling unit as composed of those rooms designed
for and exclusively used for residential purposes, including bedrooms,
kitchen, dining room, den/library, bathrooms, family and living rooms
and hallways connecting these rooms.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families on a rental or ownership
basis and commonly referred to as a triplex, four-plex or apartment
building.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2)
families living independently of each other and being located on a
single lot.
DWELLING UNIT
One (1) or more rooms constituting all or part of a dwelling
that are used exclusively as living quarters for one (1) family and
contain a bathroom and kitchen facilities.
EASEMENT
A right or privilege to use a portion of another's property
for a particular purpose.
EMERGENCY SERVICES FACILITY
Offices, stations, substations, firehouses or other facility
housing police, fire, rescue, ambulance or other emergency service
provider personnel and equipment.
ENCLOSED
As applied to a building, means covered by a permanent roof
and separated on all sides from adjacent open space or other buildings
by fixed exterior walls or by common walls.
ENGINEER
A professional engineer registered in the State of Missouri.
ENLARGE
To increase the size of an existing structure or intensity
of use, whether principal or accessory, or to devote more land to
an existing use.
ESTABLISHMENT
Either of the following:
1.
An institutional, business, commercial or industrial activity
that is the sole occupant of one (1) or more buildings;
2.
An institutional, business, commercial or industrial activity
that occupies a portion of a building that:
a.
The activity is a logical and separate entity from the other
activities within the building and not a department of the whole;
and
b.
The activity has either a separate entrance from the exterior
of the building or a separate entrance from a common and clearly defined
entryway that has direct access to the exterior of the building.
FAMILY
One (1) or more persons who are related by blood, marriage
or adoption (including foster care) living together and occupying
a single housekeeping unit with single kitchen facilities or a group
of not more than three (3) persons living together by joint agreement
occupying a single housekeeping unit with single kitchen facilities
on a non-profit cost-sharing basis.
FAST-FOOD RESTAURANT
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages in ready-to-consume individual
servings for consumption either within the restaurant building or
for carryout and where either: Foods, frozen desserts or beverages
are usually served in edible containers or in paper, plastic or other
disposable containers and where customers are not served their food,
frozen desserts or beverages by a restaurant employee at the same
table or counter where the items are consumed; or the establishment
includes a drive-up or drive-through service facility or offers curb
service.
FENCE
A barrier constructed of manmade or natural materials, intended
to mark a boundary, maintain privacy and/or prevent intrusion upon
the property by others.
FILLING STATION (SERVICE STATION)
Any structure or premises used for dispensing or sale at
retail of vehicle fuels or lubricants, including lubrication of vehicles
and replacement or installation of minor parts and accessories but
not primarily engaged in major repair work such as engine replacement,
body and fender repair or spray painting.
FLAG
Any fabric or bunting containing distinctive colors, patterns
or symbols used to identify a governmental, political or private entity.
FLOODPLAIN
That area within the City of Overland subject to a one percent
(1%) or greater chance of flooding in any given year as defined by
the U.S. Army Corps of Engineers and required by the National Flood
Insurance Act.
FLOODWAY
The area designated as floodway on the Overland Zoning Map.
It is derived by determining that portion of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
FLOOR AREA, GROSS
The sum of the gross horizontal area of all floors of a building,
including basement areas, as measured from the interior perimeter
of exterior walls. Such area shall not include the following: interior
loading and parking areas, atriums except the first (1st) floor area,
rooftop mechanical equipment enclosures and the enclosed mall walkway
areas of shopping centers.
FLOOR AREA RATIO (F.A.R.)
The gross floor area of the building or buildings on the
zoning lot divided by the area of such zoning lot or, in the case
of a planned development, by the net site area.
FOSTER HOME FOR HANDICAPPED CHILDREN
An institution providing sleeping and living accommodations
for the full-time care, training, recreation and convalescent needs
of five (5) or more physically or mentally handicapped minors.
FRONTAGE
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
GARAGE, COMMUNITY
A building or portion thereof, other than a public or repair
garage, providing storage for motor vehicles but no other services,
such garage to be in lieu of private garages within a block or portion
of a block.
GARAGE, PRIVATE
An accessory building or portion of a main building used
for storage of automobiles.
GARAGE, REPAIR
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles and which is operated
for commercial purposes.
GARAGE, STORAGE
A building or portion thereof, except those defined as a
private, a repair or a community garage, providing storage for motor
vehicles with facilities for washing but no other services.
GOLF COURSE
An area or course for playing golf, consisting of at least
nine (9) holes, except miniature golf, within which the playing area
is not artificially illuminated. Golf course shall include associated
clubhouse or country club, pro shop and cart rental operation.
GOLF, MINIATURE
A commercial recreation facility, resembling golf, containing
short "holes", the majority of which are under three hundred (300)
feet in length and primarily utilizing putting irons.
GOVERNMENT USES
Governmental uses such as agricultural research plots or
testing sites. Other permitted uses would be maintenance or storage
buildings.
GRADE
The average level of the finished surface of the ground subject
to the exterior walls of a building.
GROUP HOME FOR HANDICAPPED CHILDREN
An institution providing sleeping and living accommodations
for the full-time care, training, recreation and convalescent needs
of five (5) or more physically or mentally handicapped minors.
GROUP HOME FOR THE ELDERLY
A facility providing twenty-four (24) consecutive hour care
for three (3) or more persons who by reason of aging require services
furnished by a facility that provides shelter, board, storage and
distribution of medicines and protective oversight, including care
during short-term illness or recuperation.
GROUP HOUSING (GROUP-HOUSE ARRANGEMENT)
Any combination of dwelling units comprised of two (2) or
more residential buildings designed as a functional unit on and with
the specific parcel of land on which they are to be erected.
GROUP LIVING FACILITY (DORMITORY)
A dwelling containing sleeping rooms without separate cooking
facilities for a number of persons customarily unrelated but associated
with an education, religious, charitable or service institution.
GYMNASIUM
A building or portion thereof used for athletic training
or sports activities, including accessory seating for spectators.
HEALTH CLUB OR FITNESS CENTER
A business that provides facilities for aerobic exercises,
such as running and jogging tracks, exercise equipment, game courts,
gymnasium or swimming facilities.
HELIPORT
A facility for the servicing, takeoff and landing of helicopters.
HOME IMPROVEMENT CENTER
A retail store of at least thirty thousand (30,000) square
feet selling only building materials, floor and wall coverings, items
designed for installation in the home and associated tools.
HOME OCCUPATION
A domestic activity carried on by members of a family residing
on the premises but excluding beauty shops, barbershops, music schools,
convalescent or nursing homes, tourist homes, massage or other establishments
offering services to the general public and providing that there are
no signs nor any display that will indicate from the exterior of the
building that it is being utilized, in whole or in part, for any purpose
other than that of a dwelling; providing, also, that there is no stock
in trade or commodity sold upon the premises, no person is employed
other than a member of the family residing on the premises and no
mechanical equipment is used except such as is customary for purely
domestic or household purposes. The keeping of not more than two (2)
roomers or boarders shall be considered a permitted home occupation.
The care and supervision of not more than four (4) children other
than those residing on the premises shall be considered a permitted
home occupation.
HOSPICE
Residential and care facility for the terminally ill on the
premises of a hospital or nursing home and operated in conjunction
therewith.
HOSPITAL
An institution providing medical and surgical care for humans
only on an overnight basis, for both in- and out-patients, including
medical service, training and research facilities.
INDUSTRIAL
The manufacture, fabrication, processing, reduction or destruction
of any article, substance or commodity or any other treatment in such
a manner as to change the form, character or appearance or add value
to the final product. This category shall include, but is not limited
to, those businesses that produce noise, odors or create a visual
image that would be disruptive to the community if located in another
district. These businesses shall not be detrimental to the public
health, safety or general welfare and shall provide adequate safeguards
to protect the general public.
INDUSTRIAL, HEAVY
All uses with potential off-site impacts such as research
and development facilities, testing laboratories, establishments that
use the process of anodizing and plating, asbestos removal and abatement
services and facilities for the manufacturing, fabrication, processing
or assembly of products that may produce effects on the environment
that are measurable at or beyond the property line, provided that
any noise, smoke, vapor, dust, odor, glare, vibration, fumes or other
environmental contamination is controlled in accordance with applicable
City, State or Federal regulations, but not including computer design
and development facilities nor telecommunications and electronic communications
uses. These uses may create the following materials: chemicals, gases,
leather or other tanned goods, metal and smelting of metal, paint
and similar surfacing materials and solvents, paper, plastics and
rubber or include the incidental storage and utilization of such materials.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit
establishment but not including places of public assembly.
INTERMITTENT LIGHTING
A method of lighting, such as for signs or buildings, where
artificial or reflected light is not maintained stationary or constant
in intensity or color.
JUNK YARD
A parcel of land upon which the principal or accessory use
is the accumulation of used, discarded or worn-out materials or manufactured
products, any of which may or may not be reusable or salable.
KENNEL
The use of land or buildings for the purpose of selling,
breeding, boarding or training dogs or cats or both or the keeping
of three (3) or more dogs or cats over two (2) months of age.
LAUNDROMAT
A business that provides washing, drying or ironing machines
and professional type cleaning and pressing equipment for hire to
be used by customers on the premises.
LAWN AND GARDEN LIGHT COMMERCIAL
Uses that generate a low volume of customers and traffic
and generally require large lots and open storage. Such establishments
include landscape contractors, lawn maintenance contractors, nursery,
greenhouse, etc.
LIMOUSINE/TRANSPORTATION SERVICE
A business engaged in providing chauffeur driven transportation
services using limousine or luxury vehicles on a reserved, appointment
or reservation basis. This business does not operate over regular
routes or on regular schedules. This use may include business offices
and dispatching offices for the service. Nothing in this definition
shall be construed to include providing on-site fueling or repair
facilities or services for motor vehicles used in the business. Nothing
in this definition shall be construed to include taxicabs, hotel buses,
buses, vans or any other motor vehicles employed solely in transporting
school children or teachers, transportation of children or adults
to or from any day care facility, medical transportation services,
or vehicles used in providing transportation related to the provision
of funeral services.
[Ord. No. 2022-18, 9-26-2022]
LOADING SPACE
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks, which space shall
have a minimum dimension of twelve (12) by thirty-five (35) feet and
a vertical clearance of at least fourteen (14) feet.
LOT
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
LOT AREA
The total area within the lot lines.
LOT, CORNER
A platted parcel of land with frontage abutting two (2) road
rights-of-way at their intersection.
LOT COVERAGE
Lot coverage shall include the total area of all principal
and accessory buildings as measured along the outside wall at ground
level or as viewed from above and including all projections other
than open porches, fire escapes, canopies or the first three (3) feet
of a roof overhang. Roads, driveways, parking lots and swimming pools
shall not be included in the maximum lot coverage requirement. The
percent of lot coverage shall be computed as follows: percent of lot
coverage equals square feet of ground coverage of all principal and
accessory buildings divided by total square feet of lot area.
LOT DEPTH
The average horizontal distance from the front street line
to the rear line of a lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT LINE, FRONT
The boundary between a lot and the street on which it fronts.
LOT LINE, REAR
The boundary line or lines opposite and most distant from
the front street line; except that in the case of uncertainty the
Director of Code Enforcement shall determine the rear line.
LOT LINE, SIDE
Any lot boundary line not a front or rear line thereof; a
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
LOT (PARCEL) OF RECORD
A lot that is part of a subdivision, the plat of which has
been legally approved and recorded in the office of the Recorder of
Deeds of St. Louis County or a parcel of land that was legally approved
and the deed recorded in the office of the Recorder of Deeds.
LOT, THROUGH
An interior lot having frontings on two (2) parallel or approximately
parallel streets.
LOT WIDTH
The horizontal distance between side lot lines measured at
the front building line.
MALL
An enclosed public way upon which business establishments
have direct access and that serves primarily for the movement of pedestrians
with plant material, benches or other furnishings provided and with
vehicular access prohibited, restricted or reduced so as to emphasize
pedestrian use.
MANUFACTURING
Establishments such as research and development facilities,
testing laboratories and facilities for the manufacturing, fabrication,
processing or assembly of products or that store and/or utilize the
following materials to fabricate and/or assemble products with added
value: bones, building products/materials, clay, cork, feathers, gases,
glass, glue, hair, horn, leather, metal, paint and similar surfacing
materials and solvents, paper, plastics, rubber, seeds, shell, stone,
straw, textiles, wax and wood; provided that such facilities are completely
enclosed and provided that any noise, smoke, vapor, dust, odor, glare,
vibration, fumes or other possible environmental contamination produced
by such facility is confined to the lot upon which such facilities
are located and is controlled in accordance with applicable City,
State or Federal regulations. Other included uses are: Cosmetic manufacturing,
electric plating and glass blowing and the creation of building products/materials,
glass (other than glass blowing), glue, textiles and wax. This category
shall include, but is not limited to, those uses that create a visual
image that would be disruptive to the community if located in another
district. These uses shall not be detrimental to the public health,
safety or general welfare and shall provide adequate safeguards to
protect the general public.
MASSAGE PARLOR
An establishment that is not licensed by the State of Missouri
as a massage therapy establishment and that provides baths and body
massages or either of them. Nothing herein contained shall apply to
a licensed massage therapist or an establishment where massage therapy
is practiced, including an accredited college certified to operate
in Missouri by the Coordinating Board of Higher Education from offering
a massage therapy course of study in which its students and employees
may give body massages as a required part of college's curriculum
or State requirement, provided that the percentage of students taking
the course is not more than thirty-three percent (33%) of the entire
enrollment of the college. A "massage parlor" shall
also include the term "Bath house".
MASSAGE THERAPIST
A health care practitioner who provides or offers to provide
massage therapy, as provided in Sections 324.240 to 324.275, RSMo.,
to any person at no cost or for a fee, monetary or otherwise, implying
that the massage therapist is trained, experienced and licensed in
massage therapy and who holds a current, valid license to practice
massage therapy.
MASSAGE THERAPY
A health care profession that involves the treatment of the
body's tonus system through the scientific or skillful touching, rubbing,
pressing or other movements of the soft tissues of the body with the
hands, forearms, elbows or feet or with the aid of mechanical apparatus
for relaxation, therapeutic, remedial or health maintenance purposes
to enhance the mental and physical well-being of the client, but does
not include the prescription of medication, spinal or joint manipulation,
the diagnosis of illness or disease or any service or procedure for
which a license to practice medicine, chiropractic, physical therapy
or podiatry is required by law or to those occupations defined in
Chapter 329, RSMo., as amended.
MATERIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either: Before the improvement or repair as
started; or if the structure has been damaged and is being restored,
before the damage occurred. For the purpose of this definition "material improvements" is considered to occur when the
first (1st) alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code specifications
that are solely necessary to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
MICROBREWERIES
A facility, licensed under the relevant State and Federal
and local statutes, for the production and packaging of malt, wine,
hard cider or other alcoholic beverages for distribution retail or
wholesale, on- or off-premise, with the capacity of not more than
fifteen thousand (15,000) barrels (a barrel being equivalent to thirty
(30) gallons per year) and which may include a taproom where beverages
produced on the premises may be sold and consumed. This use may also
include accessory uses such a restaurant, including outdoor dining,
if otherwise conditionally permitted in the zoning district and specifically
included in a conditional use permit.
[Ord. No. 2022-02, 1-24-2022]
MEDICAL CARE/SERVICE ESTABLISHMENTS
Uses encompass those associated with clinics, hospitals and
other facilities that treat, house or care for patients. Uses included
are medical and diagnostic laboratories; hospitals; emergency services;
and medical clinics for outpatient surgery. This does not include
medical or dental offices or skilled care establishments.
MEDICAL OR DENTAL CLINIC
A facility for the practice of health care, medicine or dentistry
for humans or medical treatment for outpatient or ambulatory sick
or injured persons, including outpatient surgical facilities, accessory
diagnostic laboratories, but not including inpatient or overnight
care or operating rooms for major surgery.
MEDICAL OR DENTAL OFFICE
An office occupied and maintained for the provision of services
by a person licensed to practice medicine or otherwise regulated by
the State of Missouri in the healing arts for humans, such as a acupuncturist;
clinical audiologists; chiropractors; dentists, dental hygienists;
dietitians; nurses (RN, LPN, Advanced Practice); occupational therapists,
occupational therapy assistants; optometrists; perfusionists; physical
therapists, physical therapy assistants; physicians; podiatrists;
psychologists; speech language pathologists.
MODULAR UNIT
A prefabricated building that arrives at its building site
requiring only site preparation and assembly of major components,
including installation on a permanent foundation.
MOTORIZED HOME
A portable dwelling designed and constructed as an integral
part of a self-propelled vehicle.
MOTOR VEHICLE ORIENTED BUSINESS ("MVOB")
Any commercial business, whether service commercial, retail
commercial or otherwise, which, by design, type of operation and nature
of business, has as one (1) of its functions the provision of services
to a number of motor vehicles or its occupants in a short time span
for each or the provision of services to the occupants of the motor
vehicle while they remain in the vehicle. Businesses in this category
include, but are not limited to, automotive service stations, convenience
stores, drive-in establishments, drive-through establishments, fast-food
restaurants, drive-in beverage sales and carwash operations.
MOVIE RENTALS AND SALES
Establishments that rent or retail motion pictures, short
films, software, video games or other multimedia. This excludes adult
bookstores.
NATURAL AREA
An area that is substantially undisturbed by development.
NIGHTCLUB
A place of entertainment open at night having a floor show
and/or providing music and space for dancing and where liquor is sold
to be consumed on the premises but not including restaurants where
the principal business is serving food. The facility shall be duly
approved and licensed as required by applicable State and local regulations.
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard existing legally on or before November
14, 1988, or any amendment thereto that does not, by reason of design,
use or dimensions, conform to the regulations of the district in which
it is situated.
NURSERY SCHOOL
A pre-kindergarten school for children primarily between
the ages of three (3) and five (5).
OFFICE
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
OFFICE, BUSINESS
An office used for the administrative or legal affairs of
a non-residential use company with no retail activity or vehicular
requirements of a walk-up or drive-through establishment. This includes
for profit, non-profit or eleemosynary establishments.
OFFICE, CONSTRUCTION CONTRACTOR
An office used for sales and/or the administrative and clerical
affairs of a construction contractor only and not for any other service
or activity related to the business of a construction contractor.
The use "office, construction contractor" does not include the storage
of any construction material or inventory of parts or equipment, the
storage or parking of any construction vehicles, trucks or equipment,
including construction vehicles, trucks or equipment owned by employees
or independent contractors or the use of the premises as a location
for construction employees or independent contractors to report for
work or dispatch to work sites; these activities are permitted only
as part of the conditional use of "construction contractor" in the
"M-1" zoning district.
OFFICE, GOVERNMENT
An office, building or other structure owned, operated or
occupied by a Federal, State or local government agency that administers,
oversees and/or manages public programs and has executive, legislative
or judicial authority or that provides a governmental service to the
public.
OFFICE, PROFESSIONAL SERVICES
An office occupied by a member of a licensed profession and
maintained for the provision of professional services, such as a certified
public accountant, lawyer, architect, City Planner, landscape architect,
interior designer, engineer, management or public relations service.
OPEN SPACE
Land dedicated or reserved for use by the general public
or for use by residents of the subdivision or land held out of development
and retained in its natural conditions, with or without public access. "Open space" includes, but is not limited to, parks, parkways,
playgrounds, school sites, wildlife or plant life preserves and nature
study areas.
OPEN STORAGE
Storage of material or goods on the ground outside of a building.
OUTSIDE ACTIVITY
Any use that involves commercial, service and storage activities
conducted outside of the principal building. Unless otherwise provided,
all commercial, service and storage activities should be conducted
indoors.
PARCEL (TRACT) OF LAND
A separately designated area of land delineated by identifiable
legally recorded boundary lines.
PARK
An area open to the general public and reserved for recreational,
educational or scenic purposes.
PARKING AREA
An area of land used or intended for off-street parking facilities
for motor vehicles.
PARKING SPACE
A durably dustproofed, properly graded for drainage, usable space, enclosed in a main building or in an accessory building or unenclosed, reserved for the temporary storage of one (1) vehicle and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Article
VII, Off-Street Parking and Loading Requirements.
PAVE (PAVEMENT)
The act or result of applying Portland cement or asphaltic
concrete to any ground surface in such manner as to present a uniform
surface over large areas.
PAYDAY LOAN ESTABLISHMENT
An establishment in the business of making unsecured loans
under five hundred dollars ($500.00) and that is registered with the
appropriate State agency, department or official as may be required
by law.
PICKUP COACH
A structure designed primarily to be mounted on a pickup
or truck chassis and with sufficient equipment to render it suitable
for use as a temporary dwelling for travel, recreational and vacation
uses.
PLACES OF PUBLIC ASSEMBLY
A facility maintained by a not-for-profit community or neighborhood
association, religious institution or by a public agency or political
subdivision primarily as a community gathering place for members or
other people for the social, educational, spiritual or religious needs
of the community or neighborhood. Such use may include community buildings,
auditoriums and gymnasiums (including those accessory to schools or
other primary uses), churches, temples, synagogues and other places
of worship. However, a place of public assembly shall not include
an undertaker's chapel, funeral building, a religious educational
institution, parochial or other school, day care center, shelter for
the homeless or other similar social service use. Such uses shall
be considered permitted accessory uses to the place of public assembly
and shall only be permitted within those districts where they are
reflected in the Table of Accessory Uses, as well as subject to those
additional regulations set forth in this Chapter applicable to such
uses.
PLANT NURSERY
A farm, garden or other cultivated land together with accessory
structures designed and intended to be used only for the cultivation
and sale of live vegetation related items but not including mechanized
equipment.
PLAT
A subdivision of land legally approved and recorded.
PREFABRICATED HOUSING UNIT
A building assembly or system of building sub-assemblies
designed for habitation as a dwelling including the necessary electrical,
plumbing, heating, ventilation and other service systems. The unit
can be of closed or open construction and made or assembled by a manufacturer
either on or off the building site. The unit is placed upon and anchored
to a permanent foundation. Such units may or may not be considered
a modular home.
PROPERTY LINE
The legally recorded boundary of a lot, tract or other parcel
of land.
PROPERTY OWNER
When used in the context of providing notice to a property
owner, said term shall mean that person liable for payment of the
real property taxes on the parcel as disclosed on the latest tax rolls
on file with the City.
PUBLIC USE AREAS
Public parks, playgrounds, recreation areas, designated scenic
or historic sites; school sites or sites for other public buildings;
and other areas dedicated to public use or enjoyment.
PUBLIC UTILITY FACILITY, LOCAL
A public utility facility serving a local area only, such
as an electric substation or a water or gas pumping or regulating
station or a telephone switching center.
RECREATION ESTABLISHMENT
A commercial establishment providing recreation and amusement
such as hockey rinks, in-line skating facilities, skateboard parks,
BMX and other biking facilities, indoor soccer, tennis courts, mechanical
rides, water rides, games, shows, theme exhibits, refreshment stands
and picnic grounds to its customers for a fee. Such uses include indoor
sports complex, miniature golf, paintball park, go-cart facility,
golf driving range, arcades, etc.
RECREATIONAL VEHICLE
A term encompassing any type of vehicle used primarily for
recreational pleasure. Examples are, but not limited to, travel trailers,
motor homes, boats, snowmobiles, etc. Recreational vehicles (RVs)
shall include any mobile structure designed for temporary occupancy
but shall exclude manufactured homes.
RECREATIONAL VEHICLE SALES AND SERVICE
An establishment or place of business primarily engaged in
the sale and/or lease of new recreational vehicles, including incidental
parking and servicing of RVs available for sale, lease or rent. Such
a use also may include as a subordinate use the sales of used RVs.
RECYCLABLE MATERIAL
Reusable materials including, but not limited to, metals,
glass, plastic and paper which are intended for reuse, remanufacture
or reconstitution for the purpose of using the altered form. Recyclable
materials do not include refuse or hazardous materials.
RECYCLING CENTER/MATERIAL RECOVERY FACILITY
A facility that accepts recyclable materials and may perform
some processing activities. The principal function is to separate
and store materials that are ready for shipment to end-use markets,
such as paper mills, aluminum smelters or plastic remanufacturing
plants. The presence of power-driven processing equipment distinguishes
a processing facility from a collection facility. The facility receives
and processes only residential and commercial recyclables such as
food and beverage containers and paper.
REPAIR SERVICES, OFF-SITE
A business establishment primarily engaged in specialized
repair and installation services at the customer's premises including,
but not limited to, repairs to major appliances, heating and air conditioning
units, plumbing systems, electrical systems, as well as pipe and drain
cleaning, tuck pointing and driveway sealing.
REPAIR SERVICES, ON-SITE
A business establishment primarily engaged in specialized
repair services such as appliance repair, jewelry repair, bicycle
repair, leather goods repair, lawn mower and lawn equipment repair,
lock and gun repair, musical instrument repair and radio, stereo,
VCR, computer or TV repair where the repairs primarily take place
at the business establishment. This use does not include "automotive
repair shops".
RESIDENCE
Any building that is designed or used exclusively for residential
purposes, except hotels and motels.
RESTAURANT
An establishment or place of business primarily engaged in
the sale of food, frozen desserts or beverages in a ready-to-consume
state for:
1.
Consumption on the premises;
3.
Delivery or any combination thereof.
The interior space of such an establishment can be used for
the preparation of food, as a serving area, seating/consumption area
or any and all combinations thereof and alcoholic beverages may be
sold in conjunction with meals or at a bar within the restaurant,
provided that more than fifty-one percent (51%) of the revenue generated
at the restaurant is related to food sales.
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RESTAURANT, FAST-FOOD
Any walk-up or drive-through establishment primarily engaged in the sale of food or drink for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas or where drive-through or take-out service is an incidental service. The uses in this category are considered MVOBs for purposes of Section
400.710.
RETAIL ESTABLISHMENT
An establishment that operates at fixed point-of-sale locations
and that are designed to attract a high volume of walk-in customers
whose visits last for varying lengths of time, where manufactured
or processed merchandise such as apparel, accessories, books, toys,
clothing or shoes, electronics, appliances, home improvement supplies
and other items of household or business use are purchased by the
owner or operator thereof and displayed and resold as new merchandise
to the general public for personal or household consumption. It does
not include an establishment where food is processed, prepared or
cooked for consumption and sale, any of the uses set forth under automotive
services or any other such retail use specifically permitted or prohibited.
Some establishments may further provide after-sales services, such
as repair and installation. This category includes MVOBs.
RETAIL ESTABLISHMENT, LIGHT
An establishment that operates at fixed point-of-sale locations
and that are designed to attract a small to moderate volume of walk-in
customers whose visits last for varying lengths of time, where manufactured
or processed merchandise such as apparel, accessories, books, small
wares, toys, clothing or shoes and other such items are purchased
by the owner or operator thereof and displayed and resold as new merchandise
to the general public for personal or household consumption. It does
not include an establishment where food is processed, prepared or
cooked for consumption and sale, any of the uses categorized as a
motor vehicle oriented business (MVOB) or any other such retail use
specifically permitted or prohibited.
RETREAT
A building or group of buildings with designated open areas
utilized and maintained for educational and religious conclaves, seminars
and similar activities by particular educational, religious, fraternal
or other groups.
REVERSE FRONTAGE
When a subdivision lot occurs between two (2) non-intersecting
streets, one (1) of which is a parkway, thoroughfare or collector
and the other is a minor residential street, the lot will front on
the one (1) minor residential street and a non-access reservation
will be provided buffering the rear of the lot from the traffic artery.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
ROADWAY
The entire area within public or private vehicular easement
or right-of-way lines, whether improved or unimproved.
ROW HOUSE
Three (3) or more attached single-family dwellings, each
on its own plot of ground, but not necessarily on individual lots.
SALVAGE YARD
An area for the dismantling, storage and sale of inoperative,
obsolete or wrecked motor vehicles and trailers and their parts.
SANITARY LANDFILL
A type of operation in which refuse and earth and/or other
suitable cover material are deposited and covered on a daily basis
in alternated layers of specified depth in accordance with a definite
plan on a specified portion of open land with each layer being compacted
by force and applied by mechanical equipment and as approved by the
City of Overland and the Department of Natural Resources.
SATELLITE DISH RECEIVING ANTENNA
An accessory structure capable of receiving, for the sole
benefit of the principal user, radio or television signals from a
transmitter or a transmitter relay located in planetary orbit. This
definition includes, but is not limited to, satellite receivers, satellite
discs, direct broadcast systems (DBS), television reception only systems
(TVRO), parabolic antennas, spherical antennas and horn antennas.
SCREEN PLANTING
A hedge of closely spaced shrubs with dense foliage in all
seasons that effectively blocks view.
SECONDHAND MERCHANDISE STORE
An establishment or place of business primarily engaged in
the retail sale of used merchandise or secondhand goods, such as used
clothes, antiques, secondhand books or rare manuscripts or items of
architectural salvage but not including used cars or other motorized
vehicles. This does not include any establishment whose retail sales
of new merchandise exceeds sixty percent (60%) of its sales within
the previous twelve (12) month period even though that establishment
may offer for sale used or secondhand merchandise.
SECURITY SERVICES
An establishment that primarily engages in the selling of
security systems, such as burglar and fire alarms and locking devices,
along with installation, repair or monitoring and remote monitoring
of electronic security alarm systems.
SELF CARE UNIT
A nursing facility located on the same premises as a full
care nursing home and providing semi-independent apartment style living
accommodations for residents including separate cooking facilities
for each living unit or cluster of living units.
SETBACK (BUILDING LINE)
The required minimum distance from a road right-of-way, private
roadway easement line or lot line that establishes the area within
which a structure can be erected or placed, except as may be permitted
elsewhere in this Chapter.
SHOPPING CENTER
A group of retail stores planned and developed for the site
upon which they are built and owned and managed as a unit with off-street
parking provided on the property.
SIDEWALK
A permanently surfaced area for the exclusive use of pedestrians.
SIGHT DISTANCE TRIANGLE
The triangle area of a corner bounded by the right-of-way
lines and a line connecting the two (2) points on the property lines
thirty (30) feet from the intersection of the property lines.
SITE PLAN
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes
lot lines, streets, building sites, reserved open space, buildings,
major landscape features, both natural and manmade and, depending
on requirements, the locations of proposed utility lines.
SKILLED ASSISTED CARE ESTABLISHMENTS
Establishments in this subcategory serve the inhabitants
of the district or require a residential type setting and provide
twenty-four (24) hour inpatient skilled nursing care and rehabilitative
services and can accommodate patients for extended care. These establishments
have licensed health care staff serving patients and other support
staff for continuous personal care services. Convalescent homes, convalescent
hospitals, inpatient care hospices, nursing homes and rest homes with
nursing care are typical uses.
SPECIAL USE
A use that has unusual operational, physical or other characteristics
that distinguish it.
SPECIALIZED SCHOOLS
An institution for students at the elementary, junior or
senior high level who have physical or mental characteristics that
require specialized or individual instruction.
SPORT FACILITIES
A field, court or course used for sporting activities for
the general public.
SPORTS EVENT STADIUM
A structure constructed about a central open space or arena
with tiers of seats for spectators.
STABLE, PRIVATE
A detached building accessory to a residential use for the
keeping of ponies, horses or mules owned by the occupants of the premises
and that shall not be used for any commercial purpose including boarding,
hire, sale or training.
STORY
Part of a building included between the surface of one (1)
floor and the surface of the floor next above or if there be no floor
above, that part of the building that is between the surface of a
floor and the ceiling next above. A top story attic is a half (½)
story when the main line of the eaves is not above the middle of the
interior height of such story. The first (1st) story is a half (½)
story when between fifty percent (50%) and seventy-five percent (75%)
of the area of its exterior walls is exposed to outside light and
air entirely above grade and which exterior walls contain windows
or doors permitting the entrance of daylight and outside air.
STREET
A general term denoting a public or private thoroughfare
that affords the principal means of access to abutting property. The
term includes all facilities that normally are found within the right-of-way;
it shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, court
or other such terms but shall not include pedestrian way or alley.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders or the addition of new
electrical circuits or plumbing fixtures to the building.
STRUCTURE
Any improvement on land composed of manmade materials.
SUBDIVISION
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets
and changes in lot lines.
SUBSTANTIAL CONSTRUCTION, DEVELOPMENT OR WORK
In a project involving structures, the completion of excavation
for footings and foundations. In a project involving no structures
or insignificant structures, the completion of grading.
SUPERMARKET
A self-service grocery store with a gross floor area of more
than thirty-five thousand (35,000) square feet selling groceries,
dairy products and household goods at retail.
TATTOO
One (1) or more of the following:
1.
An indelible mark made on the body of another person by the
insertion of a pigment under the skin; or
2.
An indelible design made on the body of another person by production
of scars other than by branding.
TATTOO ESTABLISHMENT
[Ord. No. 2013-20 §1, 7-15-2013]
1.
An establishment or business licensed by the director of the
Missouri Division of Professional Registration which offers the service
of the application of tattoos to patrons by tattooists or practitioners
licensed by the director of the Missouri Division of Professional
Registration to perform tattooing on patrons, and which is operated
in compliance with all State Statutes and regulations governing tattoo
establishments.
2.
"Tattoo" means:
a.
An indelible mark made on the body of another person by the
insertion of a pigment under the skin; or
b.
An indelible design made on the body of another person by production
of scars other than branding.
TAVERN/LOUNGE
An establishment where liquors are sold to be consumed on
the premises, but not including restaurants where the principal business
is serving food. The facility shall be duly approved and licensed
as required by applicable State and local regulations. Any establishment
that serves food, where the serving of food is secondary to the serving
of liquor, such as a bar and grill, shall be classified as a tavern/lounge.
TERMINAL
A depot, building or area specifically designated for the
storage or transfer of persons or material or temporary storage and
service of operable vehicles used in the transport of persons, goods
or materials.
THEATER
A building or premises devoted to showing motion pictures
or for live dramatic or musical performances. Terms associated with
theater shall be defined as follows:
1.
MOVIE THEATERA building primarily used for the exhibition of movies, motion pictures or other prerecorded productions to the general public in an indoor setting.
2.
PERFORMING ARTS THEATER: A building primarily
used for the presentation of live performances of plays or music.
TITLE LOAN ESTABLISHMENT
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
TOBACCO SHOP
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of tobacco and/or tobacco-related
products ("tobacco products") and/or an establishment where one-half
(½) or more of the net floor area is dedicated to or where
one-half (½) or more of the gross receipts are derived from
the sale of tobacco products.
TOWED VEHICLE STORAGE YARD
An area for the unstacked temporary storage and sale of operative
or inoperative, wrecked or otherwise damaged or immobilized motor
vehicles wherein each vehicle space is directly accessible to a designated
aisle.
TOWN HOUSE
The town house, also known as the "row house", is a single-family
attached unit. Town houses are characteristically built as individual
units in a series of four (4) to eight (8) houses with common side
walls between units and a side yard on the end unit only.
TRAILER
Any unmotorized structure used for living, sleeping, business
or storage purposes, having no foundation other than wheels, blocks,
skids, jacks, horses or skirtings and is equipped with wheels or other
devices for transporting the structure from place to place.
TRANSFER STATION
Any facility that is located in a parking lot or other similar
location that serves as a local collection site for recyclables. The
facility or site is used for temporary storage of non-hazardous materials
that are disposed of by the general public. The waste is stored at
this site until it is taken to a recycling center. A transfer station
must have a permit approved by the Environmental Protection Agency
and comply with all local, State and Federal regulations.
TRANSITION STRIP
A strip of land located between incompatible land uses that
is subject to private use restrictions or a negative easement or is
dedicated to public uses as open space for the purpose of protecting
the built environment of a development or to enhance a street right-of-way
or both.
TRAVEL TRAILERS
Includes automobile tent trailers, recreational vehicles
or house cars designed to provide temporary mobile housing for highway
and recreational travelers; when factory-equipped for the road, having
a body width not exceeding eight (8) feet.
USE
The purpose or activity for which a piece of land or its
buildings is designed, arranged or intended or for which it is occupied
or maintained.
USED CAR LOT
A lot or parcel of land on which pre-owned or used, operable
vehicles, including automobiles, trailers and trucks, are displayed
for sale or trade.
VARIANCE
A modification of the specific requirements of this Chapter
granted by the Board of Adjustment in accordance with the terms of
this Chapter for the purpose of assuring that no property because
of special circumstances applicable to it shall be deprived of privileges
commonly enjoyed by other properties in the same vicinity and zoning
district. Such modifications shall not include authorizing a use not
among the uses specified by this Chapter as permitted in the district
in which such property is located.
WALK-UP ESTABLISHMENT
A commercial establishment not engaged in the retail sales
of goods that encourages its customers or patrons to park and leave
their vehicle briefly to transact business.
WAREHOUSE
A structure for use as a storage place for goods, materials
or merchandise.
WAREHOUSING
An establishment or place of business primarily engaged in
wholesaling, storage, distribution and handling of materials and equipment
other than explosives, flammable gases and/or liquids and live animals
or potentially hazardous or commonly recognized offensive conditions.
YARD
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided.
YARD, DEPTH OF
In measuring a yard for the purpose of determining the width
of a side yard, the depth of a front yard or the depth of a rear yard,
the least horizontal distance between the lot line and the building
shall be used. Where lots abut a street, all yards abutting said street
shall be a measured from the street right-of-way.
YARD, FRONT
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
YARD, REAR
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
YARD, SIDE
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard.
ZONING CODE
The duly approved, enacted and amended ordinance that controls
and regulates zoning in the City of Overland.