[Ord. No. 21 §1, 4-5-1984]
The provisions of this Chapter and of Ordinance No. 20 of the
City of Cottleville enacted April 5, 1984, and of all subsequent ordinances
of the City of Cottleville amending this Chapter and/or said Ordinance
No. 20 shall be known and cited collectively as the Zoning Ordinance
of the City of Cottleville.
[Ord. No. 21 §2, 4-5-1984]
The purposes of this Chapter are to lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to promote
health and the general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration
of population; to preserve features of a historical significance;
and to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements. The zoning
regulations in this Chapter are based upon and are enacted in accordance
with the final report of the Planning and Zoning Commission of the
City of Cottleville which the Planning and Zoning Commission has made
and presented to the Board of Aldermen after making a preliminary
report and holding public hearings thereon in accordance with Section
89.070, RSMo., and other applicable Sections of Chapter 89, RSMo.
In its said final report, the Planning and Zoning Commission has recommended
the establishment of various zoning districts and regulations and
a comprehensive plan for land use and development in the City of Cottleville.
Having conducted a public hearing in accordance with Section 89.050,
RSMo., (1978) and other applicable Sections of Chapter 89, RSMo.,
(1978) and having given reasonable consideration to the statements
made and evidence adduced at said public hearing and to the recommendations
of the final report of the Planning and Zoning Commission and to the
character of the land, the existing land uses and the suitability
for particular land uses of the land encompassed in the various zoning
districts recommended by the Planning and Zoning Commission and with
a view to conserving the values of buildings and encouraging the most
appropriate use of land throughout the City of Cottleville, the Board
of Aldermen of the City of Cottleville finds that the zoning districts
and zoning regulations and comprehensive plan recommended in the final
report of the Planning and Zoning Commission are appropriate, reasonable
and necessary to accomplish the purposes of this Chapter and are designed
to accomplish the purposes of this Chapter and the zoning districts
and zoning regulations recommended in the final report are therefore
enacted by the City of Cottleville as provided in the following Sections
of this Chapter and the City of Cottleville hereby adopts the comprehensive
plan recommended in said final report as the Comprehensive Plan of
the City of Cottleville.
[Ord. No. 21 §3, 4-5-1984]
No land use shall be made in any zoning district that is not
in compliance with the requirements and limitations set out in each
such zoning district; nor shall any construction, alteration or destruction
of any structure be allowed that is not in compliance with any part
of this Chapter.
[Ord. No. 882 §2, 12-14-2006]
The following definitions shall apply in interpretation and
enforcement of this Chapter, unless otherwise specifically stated:
To have a common zoning district boundary or zoning lot boundary.
For the purposes of this Chapter, a zoning lot line shall be considered
to abut a zoning district line even though it may be separated therefrom
by a street, parkway, sidewalk, public way, alley, waterway, railroad
right-of-way or portion thereof. "Adjacent," "adjoining" and "contiguous"
shall have the same meaning as "abutting."
[Ord. No. 1400 §4, 12-18-2014]
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.
Any equipment serving or being used in conjunction with a
wireless facility or wireless support structure. The term includes
utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters,
or similar structures.
[Ord. No. 1748, 1-16-2019]
A use incidental and subordinate to the principal use of
the premises.
Shall have the same meaning as set forth in 19 CSR 30-95.010(1),
as amended.
[Ord. No. 1821, 12-18-2019]
Shall consist of:
Sexual devices: Any three-dimensional object
designed or marketed as useful primarily in the performance of a sexual
act or to enhance or entice sexual stimulation or gratification. Such
devices include any item which has no substantial non-sex related
utility, such as erotic undergarments and artificial sexual organs,
as well as devices with other utility when they are marketed for sexual
purposes, such as chains, handcuffs or the like, but does not include
devices primarily intended for protection of health or prevention
of pregnancy; or
Sexually explicit materials: Any book, magazine,
pamphlet, newspaper or other printed or written matter, picture, drawing,
photograph, motion picture film, pictorial representation, statue,
figure or other three-dimensional object, recording, transcription
or anything which is or may be used as a means of communication that
depicts, describes or portrays human sexual intercourse, sodomy, bestiality,
oral copulation, masturbation, urinary and defecatory functions, sadism,
masochism, sadomasochistic abuse, exhibition of the genitals or any
touching of the genitals, pubic areas or buttocks of the human male
or female or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals in an act
of apparent sexual stimulation or gratification.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, commercial riding
stables, floriculture, viticulture and animal and poultry husbandry
and the necessary accessory uses for packing, treating or storing
the produce; provided however, that the operation of any such accessory
uses shall be secondary to that of the normal agricultural activities.
The operation of commercial feedlots or pens, sales yards and auction
yards for cattle or hogs shall be deemed an industrial and not an
agricultural use.
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.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
[Ord. No. 1748, 1-16-2019]
A room or a suite of rooms within an apartment house arranged,
intended or designed as a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
A multi-family dwelling unit building with two (2) or more
apartments. At least two (2) dwelling units are owned by the same
entity and at least one (1) dwelling unit is not owner occupied.
Gross project area. Total project area.
Net project area. Total project area less land
allocated to public street right-of-way, private streets, common ground,
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.
An office building or portion thereof which provides for
the custody, loan, exchange or issue of money, the extension of credit
or facilitating the transmission of funds and which may include accessory
drive-up units on the same premises.
A story below the first (1st) story, as defined under "story", counted as a story for height regulations in multi-family
districts if subdivided and used for dwelling purposes.
A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies, and other associated electronics,
and includes a structure that currently supports or houses an antenna,
a transceiver, coaxial cables, power supplies, or other associated
equipment.
[Ord. No. 1748, 1-16-2019]
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.
The officially elected Board of Aldermen of the City of Cottleville.
A building, other than a hotel, occupied as a single housekeeping
unit where lodging or meals are provided for four (4) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
See "GREENBELT".
An entity engaged in the construction of buildings but not
necessarily a developer.
Any structure having a roof supported by columns or walls
built for the support, shelter 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.
The proportion of the lot area expressed as a percent that
is covered by the maximum horizontal cross section of a building or
buildings.
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.
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 banks
or other property line.
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 surrounding building;
and the amount of lot area per dwelling unit.
Any wireless support structure that is designed to blend
into the surrounding environment. Examples include wireless support
structures which are made to look like trees, light poles, or flag
poles.
[Ord. No. 1748, 1-16-2019]
A place for burial of the dead, including crematory facilities
as an accessory use.
Shall have the same meaning as the term "Daycare" as set
forth in 19 CSR 30-95.010(6), as amended.
[Ord. No. 1821, 12-18-2019]
Shall have the same meaning as set forth in 19 CSR 30-95.010(5),
as amended.
[Ord. No. 1821, 12-18-2019]
The City of Cottleville, Missouri.
The officially appointed engineer of the City of Cottleville.
The officially appointed Planning and Zoning Commission of
the City of Cottleville; the term may be abbreviated in this Chapter
as the "Commission".
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities.
[Ord. No. 1748, 1-16-2019]
Land included in a subdivision record plat that is not part
of any lot nor part of the dedicated right-of-way. The term implies
land that is held in common ownership by all owners of lots in the
subdivision, usually through a homeowners' association.
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, transport to or from, and sell
marijuana, marijuana seeds, marijuana vegetative cuttings (also known
as "clones") to a medical marijuana facility, comprehensive facility,
or marijuana testing facility. A comprehensive marijuana cultivation
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of pre-rolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided in Article XIV, Sections 1 and 2, of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations in Article XIV, Sections 1 and 2, of the Missouri Constitution and this Chapter and otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary facility directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of pre-rolls.
[Ord. No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, process, package,
store, manufacture, transport to or from a medical facility, comprehensive
facility, or marijuana testing facility, and sell marijuana-infused
products, pre-rolls, and infused pre-rolls 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. 2065, 2-15-2023]
A comprehensive land use plan made and adopted by the City
Planning and Zoning Commission for the City of Cottleville which,
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 Cottleville.
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, prosperity or general welfare. Such uses may be permitted
in such zoning districts as conditional uses, if specific provisions
for such conditional use is made in this zoning ordinance.
Multi-family dwelling unit with dwelling units owned by different
entities.
The engineering drawings showing types of materials and construction
details for physical structures and facilities, excluding dwelling
units, to be installed in conjunction with any development.
For purposes of marijuana regulations, a person who is at
least twenty-one (21) years of age.
[Ord. No. 2065, 2-15-2023]
An identification card authorized pursuant to Article XIV, Section 2, of the Missouri Constitution, issued by DHSS, allowing the holder to cultivate non-medical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
[Ord. No. 2065, 2-15-2023]
A local street with only one (1) outlet and having an appropriate
turnaround at the end for the safe and convenient reversal of traffic
movement.
As related to activity authorized pursuant to Article XIV, Sections 1 and 2, as applicable, of the Missouri Constitution and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
The mean level of the curb in front of the lot or, in the
case of a corner lot, along that abutting street where the mean curb
level is the highest.
A place which provides shelter and personal care on a regular
basis for six (6) or more children who are not related, within the
third (3rd) 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 any child care
facility, kindergarten, nurseries or any other facility that falls
within the scope of the definitions set forth above, regardless of
auspices.
Transfer by the 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, plat or by any other method recognized
by the laws of the State of Missouri.
The number of dwelling units per acre of gross land area.
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 but not builder.
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.
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 1777, 7-31-2019]
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.
Animals kept exclusively for the personal enjoyment of the
occupants of a principal building and including those animals normally
kept as pets.
A building with many rooms providing sleeping and living
accommodations for a number of usually unrelated persons; usually
associated with an educational institution.
Any business so developed that its retail or service character
is primarily dependent upon serving patrons who remain in their motor
vehicles in a driveway or parking spaces.
A building or portion thereof designed exclusively for residential
occupancy, including single-family, two-family and multiple-family
dwellings, boarding and lodging houses, apartment houses and town
houses but not hotels or motor hotels.
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 or apartment building.
A detached building containing one (1) dwelling unit; provided,
however, notwithstanding any other provision of this Code to the contrary,
for purposes of this Chapter a group home shall be included within
the definition of a single-family dwelling. The term does not include
mobile homes, manufactured homes or modular homes, regardless of whether
or not affixed to a permanent foundation or made a part or fixture
of the real estate, where situated, in any other manner.
[Ord. No. 1400 §4, 12-18-2014]
A building designed for or occupied exclusively by two (2)
families living independently of each other and being located on a
single lot.
A separate, independent living quarter consisting of one
(1) or more connected rooms with permanently installed bathroom and
kitchen facilities, occupied by a family group or single person (or
vacant quarters normally so occupied).
A right or privilege to use a portion of another's property
for a particular purpose.
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
[Ord. No. 1748, 1-16-2019]
Shall have the same meaning as set forth in 19 CSR 30-95.010(11),
as amended.
[Ord. No. 1821, 12-18-2019]
Any request for modification of an existing structure or
base station that involves:
[Ord. No. 1748, 1-16-2019]
A professional engineer registered in the State of Missouri.
The duly designated engineer of the City.
An area surrounding or near a wireless support structure
within which are located wireless facilities.
[Ord. No. 1748, 1-16-2019]
A structure that exists at the time a request to place wireless facilities on a structure is filed with the Director of Public Works. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with Chapters 500 and 505 of the Municipal Code of the City of Cottleville and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
[Ord. No. 1748, 1-16-2019]
One (1) or more persons who are related by blood, marriage
or adoption living together and occupying a single housekeeping unit
with single kitchen facilities or a group of not more than five (5)
living together by joint agreement and occupying a single housekeeping
unit with single kitchen facilities of a non-profit cost-sharing basis
or as further defined by State Statute.
That area of land adjoining the channel of a river, stream,
watercourse, lake or similar body of water which will be inundated
by a flood which has a one (1) in one hundred (100) probability of
occurrence in a given year as defined by the U.S. Corps of Engineers
and required by the National Flood Insurance Act.
For commercial business and industrial building or buildings
containing mixing uses, the sum of the gross horizontal areas of the
several floors of the building measured from the exterior walls, but
not including:
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 1821, 12-18-2019]
The gross horizontal areas of the several floors of a dwelling
exclusive of garages, basements and open porches measured from the
external faces of the exterior walls.
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.
Usually provided because of restricted driveway access on
a main road, the frontage road parallels the main road and provides
direct driveway access to lots, collects traffic and intersects with
the main road at controlled locations.
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 block.
An accessory building or portion of a main building used
for storage of personal use motor vehicles.
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.
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.
A two- or three-story multi-family apartment building usually
of wood frame construction. The typical garden apartment building
is designed with apartment flats which extend through the building
without a central corridor. One-half (½) of the units have
ground level patios and the second-story units have balconies. In
land planning the trend is toward two-story walk-up buildings at low
density with open spaces for recreational purposes and to preserve
the natural terrain and trees. Frequently, a sloping site can be adapted
to gain another story without necessitating more than one (1) flight
of stairs.
A strip of land located between incompatible land uses which
is subject to private use restrictions or a negative easement or is
dedicated to public use as open space for the purpose of protecting
the built environment of a subdivision or to enhance a street right-of-way
or both.
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.
The height of a building or structure shall be the vertical
distance measured from a ground reference point (as described below)
to the highest point of any permanent part of the structure. The ground
reference point for said measurement shall be the highest of any of
the following levels:
The street curb level.
The established or mean street grade in case the curb has not
been constructed.
The average a finished ground elevation across the front of
the building (measured at the front building wall) where the building
or structure sets back from the street.
|
The height of buildings shall be measured to the level of the
highest point of the roof beams of flat roofs or roofs sloping not
more than one (1) inch to the foot and to the highest point of the
roof of a building for other roofs, excluding chimneys, antennas and
other appurtenances.
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An occupation carried on within a dwelling by one or more residents of the dwelling, provided the residential character of the dwelling is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. (See Section 405.765).
[Ord. No. 1513 §1, 3-16-2016]
A business conducted on residentially zoned property where the owner of said business resides in a single-family dwelling on the same lot. (See Section 405.765)
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged with
or without meals and in which there are more than ten (10) sleeping
rooms.
A building occupied by a non-profit corporation or a non-profit
establishment.
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.
A lot or building in which four (4) or more dogs or cats
at four (4) months of age are kept commercially for board, propagation
or sale.
A strip of land located between different land uses which
is for the purpose of protecting a less intensive use or to enhance
a street right-of-way or both.
Any animal which normally weighs more than fifty (50) pounds
at maturity including, but not limited to, horses, bison, emus, ostrich,
cattle, llamas, certain breeds of dogs, burrows, goats, etc.
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.
Large animals raised for commercial purpose, including horses,
cattle, pigs, hogs, goats, sheep, ostriches, emu, llamas, etc.
The area of a dwelling unit composed of those rooms designed
for and exclusively used for residential purposes, including bedrooms,
kitchen, dining room, den/library, bathrooms, family and living rooms,
stairwells and hallways connecting these rooms but not including the
garage or basement.
A hard surfaced 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.
A measured and subdivided portion of a parcel or a tract
of land, set forth in a plat, recorded or proposed to be recorded
and intended as a unit for transfer of ownership or for development.
A lot abutting upon two (2) or more streets at their intersection.
Includes the total area of all principal and accessory buildings
as measured along the outside wall at ground level or above, as viewed
from above and includes 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 requirements. The percent of lot coverage
shall be computed as follows:
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Percent of lot coverage. One hundred (100)
times the square feet of ground coverage of all principal and accessory
buildings divided by the total square feet of lot area.
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A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
A lot whose sidelines do not abut upon any street.
An interior lot having frontage on two (2) streets.
The boundary between a lot and the street on which it fronts.
The boundary line or lines opposite and most distant from
the front street line; except that, in the case of uncertainty, the
Director of Public Works shall determine the rear line.
[Ord. No. 1400 §4, 12-18-2014]
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.
The lines bounding a lot as defined herein.
The distance between side lot lines measured along the front
building line.
A detached single-family dwelling unit with all of the following
characteristics:
Designed for long-term occupancy, containing sleeping accommodations,
a flush toilet, a tub or shower bath and kitchen facilities with plumbing
and electrical connections provided for attachment to outside systems;
Designed to be transported after fabrication on wheels or on
a flatbed;
Delivered to a site where it is to be occupied as a complete
dwelling, including major appliances and furniture and ready for occupancy
except for minor and incidental unpacking and assembly operations,
location on foundation supports, connection to utilities, etc.; and
Designed to have a permanent foundation.
Cannabis indica, Cannabis saliva, 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" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 1777, 7-31-2019; Ord.
No. 2065, 2-15-2023]
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana related facility or business licensed or certified by the
DHSS, but shall not include a medical marijuana facility licensed
by the DHSS.
[Ord. No. 2065, 2-15-2023]
A facility certified by DHSS to acquire, test, certify, and
transport marijuana, including those originally licensed as a medical
marijuana testing facility.
[Ord. No. 2065, 2-15-2023]
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
pre-rolls.
[Ord. No. 1777, 7-31-2019; Ord.
No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, transport to or from, and sell
marijuana, marijuana seeds, and marijuana vegetative cuttings (also
known as "clones") to a medical marijuana dispensary facility, 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 pre-rolls, but shall not
include the manufacture of marijuana-infused products.
[Ord. No. 1777, 7-31-2019; Ord.
No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for pursuant to the terms of Article XIV, Section 1, of the Missouri Constitution to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address 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 medical marijuana testing 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 pre-rolls, but shall not include the manufacture of marijuana-infused products.
[Ord. No. 1777, 7-31-2019; Ord.
No. 2065, 2-15-2023]
A medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana-infused products manufacturing
facility, or a marijuana testing facility.
[Ord. No. 1777, 7-31-2019; Ord.
No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, process, package,
store on-site or off-site, manufacture, transport to or from, and
sell marijuana-infused products to a medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or to another medical marijuana-infused products manufacturing
facility.
A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided pursuant to the terms of Article XIV, Sections 1 and 2, of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of Article XIV, Sections 1 and 2, of the Missouri Constitution and this Chapter 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 pre-rolls.
[Ord. No. 2065, 2-15-2023]
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, manufacture, transport to or from,
deliver, and sell marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones"), and marijuana-infused products
to a microbusiness dispensary facility, other microbusiness wholesale
facility, or marijuana testing facility. A microbusiness wholesale
facility may cultivate up to two hundred fifty (250) flowering plants
at any given time. A microbusiness wholesale facility's authority
to process marijuana shall include the creation of pre-rolls and infused
pre-rolls.
[Ord. No. 2065, 2-15-2023]
A self-contained single-family unit designed to be transported
after fabrication on wheels or on a flatbed, delivered to a site,
ready for use except for minor unpacking and assembly, location on
foundation supports, connection to utilities, etc.
A radio-communication station capable of being moved and
which ordinarily does move.
[Ord. No. 1748, 1-16-2019]
Any commercial business 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 their 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. The list of
such businesses include gasoline service stations, drive-in banks,
drive-in restaurants, drive-in beverage sales and car wash operations.
These examples are not intended as a comprehensive list of such businesses.
A grant by the developer to the public, a corporation or
person(s) for use of a recorded strip of land for open space or other
non-developed purposes. See "COMMON GROUND".
A parcel or tract of subdivision land withheld from development
and subject to private use and access restrictions for the purpose
of protecting the environment of subdivision or to enhance a street
right-of-way or to improve traffic flow on a principal street.
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment thereto which does not, by
reason of design, use or dimensions, conform to the regulations of
the district in which it is situated.
A residence or other place licensed by the State of Missouri
as a nursing home.
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.
Land which is free of buildings, structures, parking lots
and access driveways. The following examples illustrate what may be
counted as open space within this definition:
Open lawn areas,
Paved pedestrian sidewalks and outdoor courtyards and plazas,
Outdoor recreational areas, including swimming pools, paved
or unpaved recreational areas.
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To meet the minimum open space requirement of this Article,
all open space shall be located on the privately owned development
lot, except any portions of the lot dedicated for public recreational
use can be included in meeting the open space requirement and any
portion of the street right-of-way which is designated as a "pedestrian
streetscape zone" under this Article may be included in meeting the
open space requirement.
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A district in which additional requirements act in conjunction
with the underlying zoning district(s). The original zoning district
designation does not change.
A continuous area or acreage of land that can be divided
or subdivided as provided by this Chapter.
An open, unoccupied space used or required for use for parking
vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
An open surfaced area used exclusively for the temporary
storage of motor vehicles, but no vehicles may be equipped, repaired,
rented or sold.
A surfaced area, enclosed in the main building or in an accessory building or unenclosed, reserved for the purpose of parking of motor vehicles per Article VIII of this Chapter.
A tract of land to be developed as an entity according to
a plan and which may contain multiple uses; a planned unit development
(PUD) may be planned, developed and regulated as a single land use
unit.
The City of Cottleville Planning Commission.
A graphic representation of a tract of land or a subdivision
of land showing developmental boundaries and features such as property
lines.
A consumable or smokable marijuana product, generally consisting
of: 1) a wrap or paper, and 2) dried flower, buds, and/or plant material.
Pre-rolls may or may not include a filter or base at the product.
[Ord. No. 2065, 2-15-2023]
Shall have the same meaning as set forth in 19 CSR 30-95.010(30),
as amended.
[Ord. No. 1821, 12-18-2019]
Public parks, playgrounds, recreational areas, designated
scenic or historic sites; school sites or sites for other public buildings;
and other areas dedicated to public use or enjoyment.
Shall have the same meaning as set forth in 19 CSR 30- 95.010(35),
as amended.
[Ord. No. 1821, 12-18-2019]
An identification card, authorized by Article XIV, Section 1, of the Missouri Constitution, issued by DHSS allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
[Ord. No. 2065, 2-15-2023]
Includes constructing a new wireless support structure of
equal proportions and of equal height or such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate collocation
and includes the associated removal of the pre-existing wireless facilities
or wireless support structures.
[Ord. No. 1748, 1-16-2019]
Frontage on a road to which access is prohibited. 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 minor residential
street and a non-access reservation will be provided buffering the
rear of the lot from the traffic artery.
A service road which provides access to the back side of
lots, rather than the front, usually provided because of restricted
access conditions on the main road. A reverse frontage road functions
as a collector road by collecting traffic from individual lots and
intersecting with the main road at controlled locations.
The land opened, reserved or dedicated for a street, sewer,
walk, drainage course or other public purpose.
A hedge of closely spaced shrubs with dense foliage in all
seasons that effectively blocks view.
The distance from the property line that a main structure
must be located in order to accommodate the zoning district yard requirement.
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.
See definitions contained in "Permanent Sign Regulations"
of the City of Cottleville zoning ordinance.
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.
A district established to accommodate a narrow or special
set of uses or for special purposes such as the protection or enhancement
of the special qualities of an area. The term can signify any district
beyond the conventional residential, commercial, industrial and agricultural
districts.
That 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 which is between the surface
of a floor and the ceiling next above. A top story attic is a half-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-story when between
fifty percent (50%) and seventy-five percent (75%) of the area of
its exterior walls are 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.
A general term denoting a public or private thoroughfare
which affords the principal means of access by vehicular traffic to
abutting property. The term includes all facilities which 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. For dedication purposes,
it may refer to the width of the right-of-way, not just the paved
area.
A dividing line between a lot, tract or parcel on the contiguous
street.
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.
Any relatively immobile improvement on land composed of manmade
materials. This includes pools, whether above ground or in-ground,
sheds, garages, gazebos, etc., but not fences, retaining walls, pavements
or swing sets.
Any person, firm, partnership, association, corporation,
estate, trust or any other group or combination acting as a unit dividing
or proposing to divide land so as to constitute a subdivision as defined
herein.
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 change in lot lines.
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
[Ord. No. 1748, 1-16-2019]
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable);
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
The town house, once 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 sidewalls
between units and a side yard on the end unit only. Typically, the
town house has two (2) stories but may be designed with one (1), two
(2) or three (3) stories and may be built on slab or on basement.
Built-in garages are often constructed as part of the unit. Town houses
usually have a fenced private rear yard patio for outdoor living.
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 build environment of a development or to enhance a street right-of-way
or both.
Including automobile tent trailers, recreational vehicles
or house cars designed to provide temporary mobile housing for highway
and recreational travelers. Such use shall be considered equivalent
to a hotel, tourist court or motor hotel for zoning purposes.
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.
A use which is permitted in the zoning district in which
it is located.
A review conducted by the Planning and Zoning Commission
whereby a use is permitted to occur in that district but only upon
its approval and subject to those conditions placed upon it by the
Commission.
Any person, corporation, county, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, waste water, data, cable television,
or telecommunications or internet protocol-related services.
[Ord. No. 1748, 1-16-2019]
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephony,
cable television, or electricity, or to provide lighting.
[Ord. No. 1748, 1-16-2019]
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.
An area for the overnight storage or long-term warehousing
of vehicles under one (1) ownership. Vehicle storage lots shall be
exempt from the minimum off-street parking regulations and landscaping
requirements contained in this Article as they apply to the interior
of said lot. However, vehicle storage lots shall meet all exterior
setback and screening requirements of the district in which they are
located.
A single or two-story structure entirely surrounded by common
ground whose structure exterior is maintained by the homeowners' association.
The structure may be a freestanding, single unit or not greater than
a three-unit structure.
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
[Ord. No. 1748, 1-16-2019]
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. § 301.
[Ord. No. 1748, 1-16-2019]
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services.
[Ord. No. 1748, 1-16-2019]
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
[Ord. No. 1748, 1-16-2019]
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. In 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 foundation line of the main
building shall be used. Where lots abut a street, all yards abutting
said street shall be measured from the street right-of-way.
A yard across the full width of the lot extending from the
front foundation line of the main building to the right-of-way of
the street providing access to the lot. In the case of corner lots
and through lots, the front yard requirement shall apply to the side
and rear of the main structure.
A yard between the rear lot line and the rear foundation
line of the main building and between the side lot lines.
A yard between the foundation line of the main building and
the adjacent side line of the lot and extending from a front building
line to the rear building line.
A development approach in which a freestanding building is
sited on one (1) or more lot lines with no yard on the zero lot line
side in order to increase the amount of usable open space on the remaining
area of the lot. Zero lot line dwellings are designed with no windows
facing the zero lot line side and are internally oriented to an enclosed,
private courtyard or patio. Typically the zero lot line unit is a
one-story, L-shaped single-family house designed as a two-, three-
or four-bedroom unit on lots eighty (80) to one hundred (100) feet
deep by forty (40), fifty (50) or sixty (60) feet wide, at density
of five (5) to seven (7) families per gross.
[1]
Editor's Note: The former definition of "cultivation identification
card," which immediately followed this definition, was repealed 2-15-2023
by Ord. No. 2065. Prior history includes Ord. No. 1821.
[2]
Editor's Note: The former definition of "medical marijuana
testing facility," which immediately followed this definition, was
repealed 2-15-2023 by Ord. No. 2065. Prior history includes Ord. No.
1777.
