[R.O. 2004 §400.030; Ord. No. 745 §§1 — 3(400.005), 10-22-1992; Ord. No. 839 §1(A), 6-20-1996; Ord. No. 882 §§1
— 4, 12-2-1997; Ord. No. 1069 §1, 2-7-2005; Ord.
No. 1259 §1, 5-2-2011; Ord. No. 1266 §1, 8-15-2011]
For the purposes of this Chapter, certain words and phrases
are specifically defined. Words and phrases defined herein shall be
given the defined meaning. Words and phrases which are not defined
shall be given their usual meaning unless the context clearly indicates
a different meaning. Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "building" includes the word "structure"; and the word "shall" conveys an imperative meaning.
The following words and phrases are defined:
ABANDONED SIGN
A sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product or activity, time of event
passed and/or for which no legal owner can be found. This definition
shall also include any sign structure which no longer supports the
sign for which it was designed. A sign or sign structure is considered
abandoned when the business activity or firm which such sign advertises
has not been in operation for ninety (90) days or does not have a
current business license in effect or is in a state of disrepair.
ACCESSORY BUILDING
Any building, the use of which is incidental to the principal
use of another and is located on the same lot as the principal building
or use.
ACCESSORY USE
A use incidental and subordinate to the principal use of
the premises.
ACRE
A unit of measurement equivalent to forty-three thousand
five hundred sixty (43,560) square feet.
ADMINISTER
The direct application of marijuana to a qualifying patient
by way of any of the following methods:
[Ord. No. 1497, 10-7-2019]
1.
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
2.
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
3.
Application of ointments or balms;
4.
Transdermal patches and suppositories;
5.
Consuming marijuana-infused food products; or
6.
Any other method recommended by a qualifying patient's physician.
ADULT BOOK AND VIDEO STORE
A legal business premise for the on-site sale or rent of
printed and visual materials for public consumption by persons eighteen
(18) years of age and older.
A-FRAME SIGN
A portable sign where the two (2) sign faces are attached
at the top in a hinged fashion to allow the bottom portion of the
two (2) faces to spread apart and rest on the ground to support the
sign.
AGRICULTURE
The use of land or building(s) for such purposes as: farming,
dairying, pasturage, floriculture, viticulture and animal and poultry
husbandry and the necessary accessory uses for packing, treating or
storing the produce raised on the premises; provided however, that
the operation of such accessory uses shall be secondary to that of
normal agricultural activities and, further provided, that the above
uses shall not include the commercial feeding of garbage or offal
to swine or other animals.
ALLEY
A minor public thoroughfare which affords only a secondary
means of vehicular service access to the rear or side of abutting
properties and which is twenty (20) feet or less in width.
AMUSEMENT/COMMERCIAL AMUSEMENT
[Ord. No. 1554, 11-1-2021]
1.
Any amusement ( accept those that are sexually oriented) which
are maintained or operated primarily for the purpose of entertainment
include, but are not limited to:
b.
Bowling alleys and billiard/pool halls.
c.
Video and mechanical arcades.
e.
Local area network computer gaming centers.
2.
The phrases " amusement" or " commercial amusement" do not apply
to stadiums, arenas or places of assembly, nor do they apply to arcades
that are accessory to another primary business, whereas at least 90%
of the revenue is generated from the primary business.
APARTMENT
A room or a suite of rooms within an apartment house, provided
with separate cooking facilities and 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.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but does
not include signs as defined herein.
AUTO BODY REPAIR SHOP
A building designed and used for the refinishing, painting
and body work of motor vehicles.
AWNING SIGN
A sign displayed on or attached flat against an architectural
projection or shelter projecting from and supported by the exterior
wall of a building and composed of a covering of rigid or non-rigid
materials and/or fabric on a supporting framework that may be either
permanent or retractable, including such structures that are internally
illuminated by fluorescent or other light sources.
BANNER SIGN
A sign utilizing a flexible material on which copy or graphics
are displayed.
BASEMENT
That portion of a building that is partly or completely below
grade.
BLOCK
A parcel of land bounded on all sides by streets, transportation
routes or physical barriers and not traversed by a through street.
BOARDING, LODGING OR ROOMING HOUSE
A building where rooming, lodging or boarding is provided
for compensation. A boarding, lodging or rooming house may have accommodations
for three (3) or more persons, but not more than nine (9) persons.
A boarding, lodging or rooming house is distinguished from a hotel
which is open to transients and has accommodations for ten (10) or
more persons.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy. For application of the Zoning Code, each portion
of a building which is completely separated from other portions by
fire walls complying with the current version of the City's Building
Code shall be considered as a separate building.
BUILDING ELEVATION
The entire side of a building, from ground level to the roof
line, as viewed perpendicular to the walls on that side of the building.
BUILDING, HEIGHT OF
The vertical distance, measured from the average elevation
of the finished grade at the front of the building, to:
1.
The highest point of flat roofs.
2.
The deck line of mansard roofs.
3.
The average height of the eaves and the ridge of gable, hip
and gambrel roofs.
CANOPY SIGN
A sign affixed to the visible surface(s) of a multi-sided
overhead structure or architectural projection supported by columns
but not enclosed by walls.
CELLAR
A story having more than one-half (½) of its height
below grade. A cellar shall not be counted as a story for the purpose
of height regulation.
CHILD OR DAY CARE CENTER
Any institution, including a residence, which receives remuneration
for the caring of three (3) or more children not of common parentage,
under the age of sixteen (16) years, with the consent of the children's
legal guardian or guardians.
This definition excludes any form of public elementary or
secondary school and any religious or public institutions caring for
children on a temporary (less than six (6) hour) basis.
CLUB
A building or premises owned or operated for recreational
or educational (but not commercial) use by a corporation, association,
person or persons intended for a selected clientele and not open to
the general public.
COMMERCIAL
Any business which primarily engages in the direct sale of
goods or services to the general public.
COMMISSION
The Planning and Zoning Commission of the City of Pevely,
Missouri.
COMPREHENSIVE PLAN
The plan or any portion thereof for the coordinated development
of the City of Pevely, Missouri, adopted by the Planning and Zoning
Commission of the City of Pevely.
CONDOMINIUM
A dwelling structure jointly occupied by a number of single
families in which each unit within the structure is purchased as an
individual parcel. All condominium developments shall comply with
the provisions of the Planned Residential Development District.
CONSTRUCTION PLAN
A drafted illustration, including engineering, architectural
and other information as necessary, depicting the characteristics
of buildings and related improvements proposed or erected on a parcel
of land.
COPY
Those letters, numerals, figures, symbols, logos and graphic
elements or a combination thereof comprising the content or message
of a sign, excluding numerals identifying a street address only.
CUL-DE-SAC
A local street having only one (1) outlet and having an appropriate
terminal for the safe and convenient reversal of traffic.
DESIGN
The arrangement of land for easements, lots and rights-of-way,
including materials, alignment, grade and width of these elements.
DEVELOPER
A person, firm or corporation by whom a tract of land will
be subdivided and improved pursuant to the requirements of the subdivision
regulations. Consent will be required of the legal owner of the premises.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, which is controlled by a single owner or landlord, approved in accordance with Sections
405.400 through
405.500 of this Chapter.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
DISPLAY AREA
A space arranged, intended or designed for the demonstration,
exhibition, presentation or otherwise showing of commodities or other
items to the general public.
DISTRICT, ZONING
A section or sections of the City of Pevely for which the
regulations governing the use of buildings and premises, the height
of buildings, the size of yards and the intensity of the use are uniform.
DRIVE-IN
An establishment that encourages or permits customers to
receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises.
DWELLING
Any building or portion thereof which is designed and used
exclusively for residential purposes.
DWELLING, MULTI-FAMILY
A building or portion thereof, excluding condominiums, arranged,
intended or designed for the exclusive occupancy by more than two
(2) families.
DWELLING, SINGLE-FAMILY
A detached building arranged, intended or designed for the
exclusive occupancy by one (1) family.
DWELLING, TWO-FAMILY
A building arranged, intended or designed for the exclusive
occupancy by two (2) families.
EASEMENT
A grant by a property owner to the public, a corporation
or a person of the use of land for a specific purpose.
ELECTRONIC, VIDEO, OR DIGITAL MESSAGE SIGN
A sign capable of displaying words, symbols, figures or images
that can be electronically or mechanically changed by remote or automatic
means. These signs include, but are not limited to, displays using
incandescent lamps, light emitting diodes (LEDs), or liquid crystal
displays (LCDs).
ENGINEER
A person licensed as a professional engineer by the State
of Missouri.
ENTITY
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 1497, 10-7-2019]
ESCROW AGENT
A title company, bank, savings and loan association, trust
company or any other agency or person approved by the Pevely Board
of Aldermen to act as escrow agent under the provisions of the Zoning
Code.
FABRICATING
The process of producing a product or products from a manufactured
item or items through general assembly operations. "Fabricating" does not include the making of products from raw material(s).
FACADE
See "BUILDING ELEVATION".
FAMILY
Either of the following groups of persons occupying a dwelling
unit as an individual housekeeping unit:
1.
One (1) or more persons related by blood, marriage or adoption
and not more than two (2) other persons not related by blood, marriage
or adoption.
2.
Not more than three (3) persons (excluding servants) not related
by blood, marriage or adoption and living together as a single housekeeping
organization in a dwelling unit.
FLOOD HAZARD AREA
All land subject to period inundation from overflow of natural
waterways when subjected to the maximum possible runoff from three
(3) inches of rain per hour as calculated by accepted engineering
methods.
FLOOR AREA
The total number of square feet of floor space within the exterior walls of a building, not including space in cellars, basements, porches, carports or garages. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements (see Section
405.370(D)).
FREESTANDING SIGN
A permanently installed sign principally supported by a structure
affixed to the ground, and not supported by a building, including
signs supported by one (1) or more columns, poles or braces placed
in or upon the ground.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a
single premise oriented to the public way or other properties that
it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premise
along either a public way or other properties on which it borders.
GAMING FACILITY (IMMOBILE)
A fixed building or premises which provides gaming or casino
entertainment. Any such establishment must conform to legal codes
established by the State of Missouri and must be located in an area
zoned specifically for that purpose.
GAMING FACILITY (MOBILE)
Any moving building or facility, such as a river boat, airplane,
revolving building, etc., which provides gaming or casino entertainment.
All regulations established by the State of Missouri and the City
of Pevely are applicable to mobile gaming facilities.
GARAGE, COMMERCIAL OR PUBLIC
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term "repairing" shall not include
an automotive repair shop for the rebuilding, dismantling or storage
of wrecked or junked vehicles.
GARAGE, PRIVATE
A building for residential use housing the automobiles of
the occupants of the premises and up to one (1) non-resident. No business,
occupation or service is conducted for profit therein.
GARAGE SALE
Any sale conducted where used or unwanted household items
are offered for sale, usually held in the garage, carport or driveway
of the seller's home. Also commonly referred to as "yard sales".
GRADE
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
HILLSIDE AREA
An area with an average slope of twenty percent (20%) or
more and a cross slope from twenty percent (20%) to forty percent
(40%).
HILLSIDE STREET
A street in which the cross slope of the existing ground
exceeds fifteen percent (15%) or the centerline slope exceeds fifteen
percent (15%).
HOME OCCUPATION
Any occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling purposes and which
is carried on wholly within the main building or accessory building
by a member of the family residing on the premises, provided that
no person not a resident on the premises is employed, no stock in
trade is kept or commodities sold, no internal or external alterations
or special construction of the premises are involved, no equipment
shall be used which creates offensive noise, vibration, sound, smoke,
dust, odors, heat, glare, x-ray, no electrical disturbance to radio
or television instruments, no generation of substantial volumes of
vehicular or pedestrian traffic or parking demand is created and in
connection with which there is no advertising sign displayed other
than a nameplate not exceeding two (2) square feet in area and there
is no other exterior indication that a business is located in the
dwelling. When within the above requirements permitted, home occupations
include, but are not limited to, the following:
2.
Babysitting, limited to four (4) children at one time, subject
to State regulation;
3.
Dressmaking or tailoring;
4.
Home crafts, provided that no machinery or equipment be used
other than that customarily found in a home;
6.
Teaching, including music instruction, limited to not more than
two (2) pupils at one (1) time;
8.
Permitted home occupation shall not be interpreted to include
barbershops, beauty shops, child or day care centers, nursery schools,
auto repairing, antique shops, sign painting, restaurants, plumbing
and electrical appliance shops, stables, kennels or animal hospitals
or any other light manufacturing or assembling operations.
Exemptions: Information Super Highway, dispatching.
Providing compliance to this definition is adhered to.
|
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments and having room facilities for overnight medical
patients, a staff of physicians and nurses, surgical facilities, and
other related services.
IMPROVEMENT
Refers only to such street work and utilities (including
water, sewer, electric, gas and stormwater) to be installed by the
subdivider on land to be used for public or private streets and easements.
IMPROVEMENT PLANS
The engineering plans showing types of materials and construction
details for the physical structures and facilities to be installed
both within or in conjunction with the plat.
INDUSTRIAL PARK
An industrial park is a tract of land, the control and administration
of which are vested in a single body, suitable for industrial use
because of location, topography, proper zoning, availability of utilities
and accessibility to transportation.
INDUSTRY or INDUSTRIAL
The terms "industry" and "industrial", as used in the Zoning Code, are restricted to establishments primarily
involved in product manufacturing and processing, heavy equipment
uses and warehousing, excluding retail uses.
INFORMATION SUPERHIGHWAY
High-speed computer networks, using telephone, cable and
satellite communications, linking users and databases worldwide.
JUNK YARD
A lot, land or structure or part thereof used primarily for
the collecting, storage and/or sale of waste paper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of vehicles or machinery not in running condition and
for the sale of parts thereof.
KENNEL
[Ord. No. 1346 §2, 8-4-2014]
1.
Any person, persons, group or corporation engaged in breeding,
buying, selling, sheltering or boarding of dogs or cats, whether for
pleasure or for profit or breeding or exhibiting shall be deemed to
be the operator of a kennel.
2.
Any place or tract of land, whether indoors or outdoors, whether
enclosed or not, used for the purpose of selling, breeding, boarding,
or training dogs or cats, or both, or the keeping of four (4) or more
dogs over four (4) months of age, or the keeping of six (6) or more
cats over four (4) months of age. The maximum number of pet animals
that may be kept in a residential dwelling is a combination of up
to five (5) animals over four (4) months of age, but no more than
three (3) dogs.
LOADING AREA
An off-street space constructed with six (6) inches of concrete
or with comparable all-weather dustless material used for the loading
and unloading of vehicles, except passenger vehicles, in connection
with the use of the property on which such space is located. Each
such designated space shall comply with the dimensional requirements
set forth in
Article VII of this Chapter.
LOT
A parcel of land occupied or intended for occupancy by a
use permitted in the Zoning Code, including one (1) main building,
an accessory building, open spaces and parking spaces. This lot shall
have its principal frontage upon a street or officially approved location.
LOT AREA
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for roadway purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT COVERAGE
That percentage of a lot which, when viewed from above, would
be covered by a structure or structures, on any part thereof, excluding
roof eaves.
LOT, DEPTH OF
The mean (average) horizontal distance between the front
and the rear lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
LOT OF RECORD
A lot which is part of a subdivision, along with the map
recorded in the office of the County Recorder of Jefferson County,
Missouri, or a lot or parcel of land with the deed recorded in the
office of the Recorder of Deeds of Jefferson County, Missouri, prior
to the adoption of the Zoning Code.
MANUFACTURED HOUSING
Defined by State law as a factory-built structure or structures
which, in the traveling mode, is eight (8) body feet or more in width
or forty (40) body feet or more in length or, when erected on-site,
contains three hundred twenty (320) or more square feet, equipped
with the necessary service connections and made so as to be readily
movable as a unit or units on its or their own running gear and designed
to be used as a dwelling unit or units with or without a permanent
foundation. The phase without a permanent foundation indicates that
the support system is constructed with the intent that the manufactured
home placed thereon may be moved from time to time at the convenience
of the owner. The construction of a manufactured home complies with
the HUD Code if it carries a HUD Seal.
MANUFACTURING
The process of producing a product or products from raw materials
or the substantial construction of a product or products from manufactured
items such as in automobile manufacturing.
MARIJUANA OR MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. Marijuana
or marihuana do not include industrial hemp containing a cropwide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3 of 1%) on a dry-weight basis, or commodities or
products manufactured from industrial hemp.
[Ord. No. 1497, 10-7-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 1497, 10-7-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the department to acquire, cultivate,
process, store, transport, and sell marijuana to a medical marijuana
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 1497, 10-7-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department to acquire, store,
sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana as provided for
in this Section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 1497, 10-7-2019]
MEDICAL MARIJUANA FACILITY
One (1) or more of the following:
[Ord. No. 1497, 10-7-2019]
1.
Medical marijuana cultivation facility;
2.
Medical marijuana testing facility;
3.
Medical marijuana-infused manufacturing facility;
4.
Medical marijuana post-extraction facility; or
5.
Medical marijuana dispensary facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the department to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a medical marijuana testing facility,
or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 1497, 10-7-2019]
MENU BOARD
A freestanding sign oriented to the drive-through lane for
a restaurant that advertises the menu items available from the drive-through
window, and which has no more than twenty percent (20%) of the total
area for such a sign utilized for business identification, and which
is not regulated by this Chapter.
MINIMUM LOT REQUIREMENTS
These are the minimum requirements for area, lot dimensions,
front yard, rear yard and side yard requirements. For the front yard,
the edge of the lot line is construed to be four (4) feet inside the
lot line.
MOBILE HOME
A transportable, factory-built home designed to be used as
a residential dwelling and built prior to the enactment of the Federal
Manufactured Home Construction and Safety Standards Act of 1974 which
became effective June 15, 1976.
MOBILE HOME PARK
An area or plot of ground upon which four (4) or more trailers
or mobile homes, occupied for dwelling or sleeping purposes, are located
or intended to be located, regardless of whether or not a charge is
made for such accommodation.
MODEL HOME
A prototype residential structure of more or less permanent
construction on a parcel of land arranged, intended or designed for
the purpose of displaying the type, quality and other characteristics
of the typical residential structures planned to be constructed or
sold in the vicinity.
MODULAR STRUCTURE
Defined by the State as a factory-fabricated transportable
building unit designed to be used by itself or to be incorporated
with similar units at a building site into a modular structure to
be used for residential, commercial, educational or industrial purposes.
The manufacturer has the option of complying with BOCA or ICBO and
carries a PSC Seal.
MONUMENT SIGN
A freestanding sign that is above ground level and is anchored
to the ground by a solid base, with no open space between the sign
and the ground. Such signs may be two-sided, provided that both sides
cannot be seen simultaneously from any point.
MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURT
Any building or group of buildings containing guest rooms
or dwelling units with garage or parking space conveniently located
on the lot and designed, used or intended wholly or in part for the
accommodation of transients in automobiles.
MULTI-USE RECREATION CENTER
Entertainment facility which provides at least three (3)
different types of recreation on one (1) lot; for example, a golf
course, toy railroad and a swimming pool all on the same premises.
NET AREA
The entire area within the boundary lines of the site, less
the area of any street right-of-way.
NON-CONFORMING USE
Any building, structure or use of land existing at the time
of enactment of the Zoning Code or amendment thereto which does not
conform to the regulations of the district or zone in which it is
situated.
NON-RESIDENTIAL
A parcel of land or building designed, arranged or intended
for use for purposes other than personal habitation.
NURSING, REST OR CONVALESCENT HOME
A home for the aged or infirm licensed by the State of Missouri
in which three (3) or more persons not of the immediate family are
received, kept or provided with food, shelter or care for compensation;
but not including hospitals, clinics or similar institutions.
OFFICE
A building or area of a building where administrative, clerical
or professional services are performed.
OFF-SITE DIRECTIONAL SIGN
A sign structure which provides directional assistance to access non-residential uses conveniently and safely. Such signs shall be limited in area, size, number, height, and placement as identified in Sections
405.400 through
405.500.
ON-PREMISES SIGN
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of messages appurtenant
to the use of, products sold on, or the sale or lease of, the property
on which it is displayed.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of messages not appurtenant
to the use of, products sold on, or the sale or lease of, the property
on which it is displayed.
PARKING AREA
An open, unoccupied space used or required for use exclusively
for the parking of vehicles and in which no gasoline or vehicular
accessories may be sold, nor other business conducted, nor fees charged.
PARKING BAY
An area set aside, either on an individual lot or on any
other portion of a subdivision, which is reserved for vehicular parking.
PARKING LANE
An auxiliary lane of a roadway used primarily for vehicular
parking.
PARKING LOT
An open, surfaced area used for the temporary storage of
motor vehicles. No vehicles may be equipped, repaired, rented or sold
on a parking lot. All parking lots should be designed with appropriate
handicap spaces.
PARKING SPACE, OFF-STREET
An area sufficient to store one (1) automobile, together
with a driveway connecting the parking space with a street, road or
alley. An off-street parking space shall have minimum dimensions of
nine (9) feet by twenty (20) feet.
PATIO HOUSES
A group of basically "L" shaped, single-family dwellings,
which more or less enclose a private courtyard or patio and within
which each single-family unit is located on an individual subdivided
lot.
PERSON
Any individual, firm, association, partnership or corporation.
PERSONAL STORAGE SHED
A building in any district, subordinate to the principal
building, used for the purpose of containing possessions of the occupants
of the principal building.
PLACE
An open, unoccupied space or a public or private thoroughfare,
other than a street or alley, permanently reserved as the principal
means of access to abutting property.
PLAT
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
PORCH
A covered entrance to a building, usually with a separate
roof, that may or may not be enclosed or a roofed, open gallery attached
to the exterior of the building.
PORTABLE SIGN
Any sign not embedded in the ground or permanently affixed
to a building or sign structure that is permanently embedded in the
ground. Portable signs are considered to be temporary signs.
PREMISES
A lot, together with all buildings and structures thereon.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects
more than eighteen (18) inches from a building face or wall or from
a structure whose primary purpose is other than the support of a sign.
PUBLIC BUILDING OR FACILITY
A building or facility owned or operated by a branch of local,
State or Federal Government, including a building or facility used
by a non-profit organization or mandated by the State of Missouri.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
RECREATION OR PLAYGROUND CENTER
A usable parcel of land suitably drained, free of stagnant
pools of water, with sufficient soil to support the growth of plant
material and containing a variety of recreational facilities.
RECYCLING CENTER
A facility used to collect items which are processed for
reuse.
RETIREMENT COMMUNITY
A development designed to provide residences and related
facilities to accommodate the needs of older adult households.
ROADBED
The graded portion of a street, upon which the roadway is
constructed.
ROADWAY
The portion of a street, including shoulders, for vehicular
usage.
ROOF LINE
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered to be roof signs.
SCREENING (FENCING AND BUFFER)
Landscaping or other form of barrier used to separate one
type of development from a physical, visual or other form of nuisance
from another.
SETBACK LINE
The line parallel to the front, side or rear lot line establishing
the minimum space to be provided as the front, side or rear yard.
SHOPPING CENTER
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
an operating unit. The unit provides enough on-site parking to satisfy
all businesses within the shopping center.
SIGN
Any device visible from a public place that displays either
commercial or non-commercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Non-commercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
SIGN AREA
The area of the sign face. The area of any double-sided or
"V" shaped sign shall be the area of the largest single face only.
The area of a sphere shall be computed as the area of a circle. The
area of all other multiple-sided signs shall be computed as fifty
percent (50%) of the sum of the area of all faces of the sign.
SIGN, AWNING, CANOPY, MARQUEE
A sign painted, stamped, perforated or stitched or otherwise
applied on the valance of an awning or overhanging projection from
a building.
SIGN, CHANGEABLE COPY (AUTOMATIC)
A sign with a time interval of three (3) seconds or greater
such as an electronically or electrically controlled public service
time, temperature and date sign message center or reader board, where
different copy changes are shown (see Sign, Electronic Message Board).
SIGN, CHANGEABLE COPY (MANUAL)
A sign on which copy is changed manually in the field, such
as reader boards with changeable letters or changeable pictorial panels.
SIGN FACE
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports or
architectural features of a building or sign structure.
SIGN, FLASHING
Any sign which, by method or manner of illumination, flashes
on or off, winks or blinks with varying intensity of light, shows
motion or creates the illusion of motion or revolves in a manner to
create the illusion of being on or off.
SIGN, NON-CONFORMING
Any sign lawfully constructed which fails to conform to the provisions of Article
VIII of this Chapter.
SIGN, WINDOW
A sign painted, stenciled or affixed on a window and visible
from a right-of-way.
SLOPE
The degree of natural inclination of the existing ground
which is used as the basis for determining the hillsides.
STORY
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or if there is no floor above it, then the space between
the floor and the ceiling next above it.
STORY, HALF
A space in which the roof and the closest interior wall face
are no more than three (3) feet apart and in which not more than sixty
percent (60%) of the floor area is finished off for use. A half-story
may be occupied only in conjunction with the occupancy of the floor
below.
STREET
A general term denoting a public or private way for the purpose
of vehicular travel. The term includes all facilities which normally
occur within the right-of-way and any term designated or understood
to mean a right-of-way for vehicular use.
STREET, COLLECTOR
A street which carries or is proposed to carry intermediate
volumes of traffic from minor streets to major streets and which may
or may not be continuous.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STREET, MAJOR
A street designed or utilized primarily for high vehicular
speeds for heavy volumes of traffic on a continuous route, with intersections
at grade.
STREET, MINOR
A street used primarily for access to abutting properties,
providing for minimum speeds and traffic volumes.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any substantial
change in the roof or in the exterior walls, excepting such repair
or replacement as may be required for the safety of the building,
but not including an opening in bearing walls as permitted by existing
codes and ordinances.
STRUCTURE
Anything erected which requires a permanent location on the
ground or attached to something having a permanent location on the
ground, including advertising signs, billboards, backstops for tennis
courts and pergolas (projecting roofs).
SUBDIVIDER
Any person(s) who directly or indirectly (through an agent
or other indirect means) causes a lot to be divided into a subdivision
or who sells, leases or develops any lot, parcel, site, unit or plat
within a subdivision.
SUBDIVISION
The division of land into two (2) or more lots or parcels
for the purpose of either immediate or future sale, rental or building
development. Excluded from this definition is: A minor subdivision
as defined below; the division of land for agricultural purposes;
the division of land for cemetery usage; division and distribution
of land pursuant to law or court order; and the conveyance of any
tract of land constituting either one-half (½), one-fourth
(¼), one-eighth (⅛) or one-sixteenth (1/16), section
of land as defined in Sections 60.210, 60.220, 60.230 and 60.240,
RSMo. The term "subdivision" shall also include all
resubdivisions of land or lots.
SUBDIVISION, MAJOR
The division of land into four (4) or more lots or parcels
for the purpose of either immediate or future sale, rental or building
development; or any subdivision requiring any new street or extension
of municipal facilities or the creation of any improvements. Excluded
from this definition is: A minor subdivision as defined below; the
division of land for agricultural purposes; the division of land for
cemetery usage; division and distribution of land pursuant to law
or court order; and the conveyance of any tract of land constituting
either one-half (½), one-fourth (¼), one-eighth (⅛)
or one sixteenth (1/16) section of land as defined in Sections 60.210,
60.220, 60.230, 60.240, RSMo. The term "subdivision" shall also include all resubdivisions of land or lots.
SUBDIVISION, MINOR
A division of land into two (2) lots, but not more than four
(4) lots, which does not include any new streets, improvements, easements
or rights-of-way or a division of land in which each parcel is five
(5) acres or more in area and which does not include any new streets,
improvements, easements, rights-of-way or other provisions for public
areas and facilities; the division of land held by a bona fide partnership
in existence for two (2) or more years upon dissolution thereof; a
division of land among the immediate members of a family for personal
use which does not include any new streets, improvements, easements
or rights-of-way.
SURETY COMPANY
A business licensed to provide insurance or bonds which a
developer may purchase to ensure the completion of his/her development
and improvements as planned and represented to the Pevely City Planning
and Zoning Commission.
SWIMMING POOL
Any structure intended for swimming that contains water two
(2) feet deep or deeper. This includes in-ground pools, aboveground
pools, on-ground pools, and spas/hot tubs.
[Ord. No. 1491, 7-15-2019]
TEMPORARY SIGN
A sign intended to display messages of a transitory or temporary
nature.
TITLE COMPANY
A business licensed to provide legal assistance in the conveyance
of property through such activities as deed and title research and
certification.
TOURIST OR TRAILER CAMP
An area where one (1) or more tents or auto trailers can
be or are intended to be parked, designed or intended to be used as
temporary living facilities for one (1) or more families and intended
primarily for automobile transients.
TOWN HOUSE
One (1) of a series of two (2) or more attached single-family
dwellings, two (2) or three (3) stories in height, which are separated
horizontally from one another by solid partition walls extending from
basement to roof without openings and which fronts on a public street
or other approved place and has both a front and a rear yard.
TOWN HOUSE APARTMENT
One (1) or a series of three (3) or more attached dwellings,
two (2) or three (3) stories in height, for single-family occupancy
which are separated from one another by partition walls extending
from basement to roof without openings, but which are not located
or sited on individual subdivided lots.
TRAILER
Any vehicle or structure designed and constructed in such
a manner as to permit occupancy thereof for living, sleeping, business
or storage purposes and so designed that it may be mounted on wheels
and used as a conveyance on a street, propelled or drawn by its own
power or other motive power, excepting a device used exclusively on
stationary rails or tracks.
TRAVELED WAY
That portion of a street used for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
UNIT
An area within a trailer or mobile home park, court or camp
of not less than five thousand (5,000) square feet of unoccupied space
designated for the exclusive use of not more than one (1) automobile
and one (1) trailer or mobile home.
USE
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
VARIANCE
A modification of the specific requirements of the Zoning
Code granted by the Board in accordance with the terms of this Chapter.
VESTIBULE or LOBBY
A passage, hall or room between the outer door and interior
of a building.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than eighteen
(18) inches from the building or structure wall.
YARD
An open space on the same lot with a building unoccupied
and unobstructed from the ground up, except for any accessory buildings
or projections as are permitted on the lot. In measuring required
yard widths and depths, the minimum horizontal distance between the
lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot and being the
minimum horizontal distance between the front lot line and the main
building or any projections other than an uncovered porch. On corner
lots the front yard shall be considered parallel to the street on
which the lot has the shortest abutment.
YARD, REAR
A yard, at the opposite end of the front yard, extending
across the rear of a lot and being the required minimum horizontal
distance between the rear lot line and the rear of the main building
or structure, except the projections of uncovered steps, unenclosed
balconies or unenclosed porches.
YARD, SIDE
A yard between the main building and the side line of the
lot and extending from the front yard to the back yard.