City of Mount Vernon, MO In General

To restrict and regulate the height, number of stories and size of structures; the percentage of lot coverage; the size of yards, courts and other open spaces; and the density of population;

To divide the City into zones and districts; and

To regulate and restrict the location and use of structures and land within each district or zone.

Section 405.030 Interpretation.

[R.O. 2004 § 405.030; Ord. No. 2.56 § 2(Art. 2 § 1(B)), 1-9-2001]

Minimum Requirements. In their interpretation and application, the provision of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, quality of life and welfare.

Overlapping Or Contradictory Regulations. Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by other provision of any other law ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.

Private Agreement. These regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship; provided however, that where the provisions of these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements or legal relationships, the provisions of these regulations shall govern.

Unlawful Uses. No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become or be made lawful solely by reason of the adoption of these regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these regulations, said structure or use remains unlawful hereunder.

Section 405.040 Jurisdictional Area.

[R.O. 2004 § 405.040; Ord. No. 2.56 § 2(Art. 3 § 1), 1-9-2001]

The provisions of these regulations shall apply to all structures and land in the incorporated area of the City of Mount Vernon, Missouri. The jurisdictional area within the corporate limits of the City shall be shown on the Official Zoning District Map.

Section 405.050 Definitions.

[R.O. 2004 § 405.050; Ord. No. 2.56 § 2(Art. 2 §§ 1(A), 2), 1-9-2001; Ord. No. 2.77 § 1(1), 2-11-2003; Ord. No. 2.114 § 1, 2-28-2006; Ord. No. 2.135 § 1, 4-22-2008; Ord. No. 2.149 § 1, 4-24-2012]

Rules Of Construction.

In the construction of these regulations, the provisions and rules of this Chapter shall be preserved and applied, except when the context clearly requires otherwise:

Words used in the present tense shall include the future.

Words in the singular number include the plural number and words in the plural number include the singular number.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

The word "shall" is mandatory.

The word "may" is permissive.

The word "person" includes individuals, firms, corporations, associations, governmental bodies and agencies and all other legal entities.

The word "Board" means the Board of Adjustment.

Unless otherwise specified, all distances shall be measured horizontally.

The word "City" means City of Mount Vernon, Missouri.

The words "Governing Body" shall mean the Board of Aldermen of the City of Mount Vernon, Missouri.

The word "Commission" shall mean the City of Mount Vernon, Missouri Planning and Zoning Commission.

The abbreviation N/A means not applicable.

Any word or phrase that is defined in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.

Specific Definitions. For the purposes of the regulations, certain terms and words are hereby defined as follows:

ACCESSORY BUILDING

A subordinate building having a use customarily incident to and located on the lot occupied by the main building or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.

ACCESSORY DETACHED STORAGE BUILDING (PORTABLE BUILDING)

A residential detached accessory storage building that is a prefabricated structure assembled off-site and delivered to the site as a complete unit or a building purchased in kit form and assembled on-site, which can be moved without disassembly to another location.

[Ord. No. 2.202, 6-22-2021]

ACCESSORY USE

A use of building or land that is customarily incident to and located on the same lot or premises as the main use of the premises.

ADULT

A person eighteen (18) years of age or older.

ADULT BOOKSTORE

An establishment having as a ten percent (10%) or more portion of its stock in trade books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.

ADULT ENTERTAINMENT ESTABLISHMENTS

A "modeling studio," "adult bookstore," "adult entertainment facility," "bathhouse" or "massage shop".

ADULT ENTERTAINMENT FACILITY

Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape or film presentation) where the patrons either:

Engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or

Observe any live presentation, video tape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.

AGRICULTURE

The planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in Lawrence County.

AGRICULTURE, GENERAL

The use of land for the production of livestock, dairy products, poultry or poultry products.

AGRICULTURE, LIMITED

The use of land for the production of row crops, field crops, tree crops or timber.

AGRICULTURAL PROCESSING

The initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.

AGRICULTURAL SALES AND SERVICE

An establishment primarily engaged in the sale, purchase or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

AIRPORT or AIRSTRIP

Any public or privately owned or operated ground facility designed to accommodate landing and takeoff operations of aircraft including all taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

ALLEY

A minor way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

ALTERATION

Any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.

ANIMAL CARE, GENERAL

A use providing animal care, veterinary services or boarding. See "ANIMAL CARE, LIMITED" and "KENNEL".

ANIMAL CARE, LIMITED

A use providing animal care, boarding and veterinary services for household pets, with no outside animal runs. See "ANIMAL CARE, GENERAL" and "KENNEL".

APARTMENT

A room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

APARTMENT, EFFICIENCY

A room or suite of rooms within an apartment building intended as a place of residence for a single family or group of individuals, not to exceed three (3) occupants, utilized as a single housekeeping unit.

APPLICANT

The owner or duly designated representative of land proposed to be subdivided or for which a special permit, amendment, variance, construction permit or certificate of occupancy has been requested. Consent shall be required from the legal owner of the premises.

ASPHALT OR CONCRETE PLANT

An establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.

ASSISTED LIVING

Multifamily dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, group housing, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.

AUDITORIUM or STADIUM

An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

AUTOMATED TELLER MACHINE (ATM)

A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. Automatic teller machines (ATM) located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

BACKYARD COTTAGE

A living unit accessory to the primary residence, sometimes known as "mother-in-law cottage or apartment, granny flat, carriage house, pool house, party pavilion, caretaker cottage or auxiliary dwelling units (ADUs)."

[Ord. No. 2.151 § 1, 11-27-2012]

BANK or FINANCIAL INSTITUTION

Establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. "Banks and financial institutions" also include automated teller machines.

BAR or TAVERN

An establishment in which the primary function is the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as "cocktail lounges" and "nightclubs."

BASEMENT

A story below the first story as defined under "Story" counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.

BASIC INDUSTRY

An establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include distilleries, pulp processing and paper products manufacturing; glass manufacturing; brick manufacturing; steel works; tanneries; acid manufacturing; cement, lime, gypsum or plaster of Paris manufacturing; fertilizer or chemical manufacturing; and petroleum refineries.

BATHHOUSE

An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.

BED-AND-BREAKFAST

A residence occupied by the owner or manager as a permanent dwelling with at least one (1) and not more than four (4) guest rooms which are provided to the public for a charge.

BLOCK

A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Zoning Administrator shall determine the outline of the block.

BOARDINGHOUSE or LODGING HOUSE

A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

BOARD OF ADJUSTMENT

That Board which has been created by the Governing Body having jurisdiction and which has the statutory authority to hear and determine appeals, exceptions and variances to the zoning regulation.

BOARD OF ALDERMEN

The elected Board of Aldermen of the City of Mount Vernon.

BUILDING

Any structure which is built for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land, including structures designed and constructed in sections expressly for assembly and placement on a permanent perimeter foundation, with any transport equipment being readily detachable and designed for delivery purposes only, if said structure is placed on such foundation with all transport equipment permanently removed. A trailer, as herein defined, shall not be classified as a building.

CAR WASH

An establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.

CATERING

An establishment engaged in the preparation of food and beverages for consumption at another location. Catering shall not include the manufacturing of food as defined in "Food/Bakery Product Manufacturing".

CEMETERY, CREMATORY, MAUSOLEUM

Land used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.

CHURCHES, CHAPELS, TEMPLES AND SYNAGOGUES

See the definition of "RELIGIOUS ASSEMBLY".

CLUSTER DEVELOPMENT

The arrangement of buildings or structures in groups around common courts, driveways, parks or other unique features of the land permitting more latitude and flexibility in placement and design. The lots, buildings or structures in a cluster development must meet the requirements of the appropriate planned districts.

COLLEGE or UNIVERSITY

An institution of higher education offering undergraduate or graduate degrees.

COMMON OPEN SPACE

An area of land or water or combination thereof planned for passive or active recreation but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.

COMMUNICATION TOWER

Commercial AM/FM radio, television, microwave and cellular telephone transmission towers and accessory equipment and buildings.

COMPOSTING FACILITY

A facility that is designed and used for transforming food, yard wastes and other organic material into soil or fertilizer by biological decomposition.

COMPREHENSIVE PLAN

A comprehensive plan made and adopted by the Planning and Zoning Commission and the Board of Aldermen which, through a combination of text, charts and maps, sets forth proposals for general locations of various land uses, including streets, parks, schools, public buildings and utilities.

CONDITIONAL USE PERMIT

A conditional use permit is a written permit issued by the Zoning Administrator with the written authorization of the Board of Zoning Appeals. This conditional use permit provides permission under special conditions to make certain conditional uses of land in certain zoning districts as stipulated in each of the district zoning regulations.

CONSTRUCTION SALES AND SERVICE

An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air-conditioning and heating supply stores, swimming pool sales, construction contractors' storage yards and construction equipment rental establishments.

CONVALESCENT CARE

An establishment providing bed care and inpatient services for persons needing regular medical attention but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services or communicable disease. Typical uses include nursing homes.

CORRECTIONAL FACILITY

A facility providing housing and care for individuals confined for violations of law.

COTTAGE BUSINESS

A business based in a residential-type structure which sells directly to the public either merchandise or services such as, but not limited to tea room, book store, coffee shop, bakery, professional offices (lawyer, dentist, doctor, accountant, etc.), antique store, secondhand store, ice cream or candy store, art gallery or store, toy store or home decor shop.

[Ord. No. 2.160 § 1, 11-23-2012]

COTTAGE INDUSTRY

A small-scale industry where the creation of products and services are generally located in a residence. Products and services created by cottage industries are unique and distinctive and are not usually mass-produced, such as several neighbors who quilt and offer the quilts for sale.

[Ord. No. 2.160 § 1, 11-23-2012]

COURT

An open, unoccupied space, other than yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.

CULTURAL SERVICE

A facility providing cultural and educational services to the public. Typical uses include museums, art museums, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.

CURB LEVEL

The mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.

DAY CARE

A use that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than twenty-four (24) hours per day.

DAY CARE, COMMERCIAL

A day care conducted in a structure other than a private residence.

DAY CARE, GENERAL

A day care establishment conducted in a private residence that provides care, protection and supervision for seven (7) to ten (10) individuals at any one time, excluding those persons related to and residing in the home of the day care provider.

DAY CARE, LIMITED

A day care establishment conducted in a private residence that provides care, protection and supervision for six (6) or fewer individuals at any one time, excluding those persons related to and residing in the home of the day care provider.

DEDICATION

Intentional transfer by the developer to the public of ownership of or an interest in land for public purpose. Dedication may be affected by compliance with Statutes relating to dedication of land, by formal deed by conveyance or by any other method recognized by the laws of the State of Missouri.

DEPARTMENT OF NATURAL RESOURCES

The Missouri Department of Natural Resources (MoDNR).

DIRECTOR OF COMMUNITY DEVELOPMENT

The appointed director of the Community Development Department of the City of Mount Vernon.

DISTRICT

A section or sections of the zoning area for which uniform regulations governing the use of land, open space, the height of buildings, the size of yards and the intensity of use are herein established.

DUPLEX

A single lot used for two (2) dwelling units within a single building, other than a manufactured home.

DWELLING

A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multifamily dwellings, boarding and lodging houses, apartment houses and town houses but not hotels or motels.

Multifamily. A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families on a rental or lease basis and commonly referred to as a triplex, fourplex or apartment building.

Single-Family. A detached building arranged, intended or designed for occupancy by one (1) family. This classification also includes "Group Home, Limited" as defined herein.

Two-Family Or Duplex. A single building arranged, intended or designed for occupancy by two (2) families.

DWELLING UNIT

A building or portion of a building that contains living facilities for not more than one (1) family and that includes provisions for sleeping, cooking, eating and sanitation.

EASEMENT

A grant by a property owner to the public, a corporation or a person(s) of the use of a recorded strip of land for certain specified purposes.

EXTERIOR SETBACK

A required setback that fronts on a public street.

FAMILY

One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than four (4) unrelated individuals living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis. A family shall under no circumstances be construed as a boardinghouse, fraternity or sorority house, club, lodging house, hotel or motel.

FENCE

An enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement but not including hedges, shrubs, trees or other natural growth.

FENCE HEIGHT

The vertical distance measured from the side of the fence that is exterior to the property or from the lowest adjacent ground level to the top of the fence material. In the case of wire fencing, height shall be measured by the width of the material used, providing that when installed, the material is directly adjacent to the ground level.

FINAL DEVELOPMENT PLAN

A plan submitted for site plan review as required by these regulations for single-family, two-family, multifamily, commercial and industrial development proposals.

FLOOR AREA (FOR COMPUTING OFF-STREET PARKING REQUIREMENTS)

The gross floor area of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings and shall include the following areas:

The basement floor area.

The area of each floor of the structure.

Attic space having headroom of seven (7) feet ten (10) inches or more.

FOOD/BAKERY PRODUCT MANUFACTURING

A use engaged in the manufacture of food and food products including non-retail bakeries, canning facilities and creameries.

FOOD STORE

An establishment where food and prepackaged beverages are sold on-site for consumption off-site. A limited amount of food preparation on-site may also be allowed such as a delicatessen or bakery.

FREIGHT TERMINAL

A building or area in which freight brought by truck, rail or air is processed for continued shipment by truck, rail or air.

FRONTAGE

The length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street.

FUNERAL HOME

An establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.

GARAGE

Private. An accessory building or portion of a main building used for storage only of automobiles.

Public. A building or portion thereof, other than a private or repair garage, providing storage for motor vehicles but no other services.

Repair. A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes.

Storage. A building or portion thereof, except those defined as a private, a repair or a community garage, providing storage for motor vehicles with facilities for washing but no other services.

GAS AND FUEL SALES/STORAGE

The use of a site for bulk storage and distribution and sales of flammable liquid, gas or solid fuel, excluding below-ground storage that is clearly ancillary to an allowed principal use on the site.

GOLF COURSE

A facility providing private or public golf recreation services and support facilities. This definition shall exclude miniature golf courses and golf driving ranges except those that are clearly accessory uses. See "RECREATION AND ENTERTAINMENT, OUTDOOR".

GOVERNING BODY

That body having jurisdiction in the zoning area.

GOVERNMENT SERVICE

Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies and utility billing offices.

GRADE

For buildings having walls facing one (1) street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.

For buildings having walls facing more than one (1) street, the grade shall be the average of the grades [as defined in Subsection (1) above] of all walls facing each street.

For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.

GRAIN ELEVATOR

A tall building for storing grain.

GREENHOUSE, NURSERY

An establishment where flowers, trees and other products that are commonly used as landscaping in and around buildings are grown and sold.

GROSS LEASABLE FLOOR AREA

The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from the centering of joint partitions and from the exterior surface of outside walls.

GROUP HOME, GENERAL

A residential home providing twenty-four-hour care in a protected living environment for more than eight (8) persons with physical or mental disabilities and any number of care givers.

GROUP HOME, LIMITED

A residential home providing twenty-four-hour care in a protected environment for eight (8) or less unrelated persons with mental or physical disabilities; further and pursuant to Section 89.020.2, RSMo., such home may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

GROUP RESIDENTIAL

The use of a site for occupancy by groups of more than five (5) persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls and boarding or lodging houses. The term "group residential" does not include "group homes".

HAZARDOUS OPERATION

Activities that present the potential for serious hazards to human life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.

HAZARDOUS SUBSTANCES

Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or harmful to the health of any person handling or otherwise coming into contact with such material or substance.

HEALTH CLUB

A facility where members or non-members use equipment or space for the purpose of physical exercise.

HEIGHT OF BUILDINGS AND STRUCTURES

The vertical distance from the average ground level abutting a building or structure to the highest point of a building or highest point of any permanent part of a structure other than a building. Height, where not regulated by feet, shall be regulated by stories and a story shall be equal to twelve (12) feet for purposes of measuring structures other than buildings.

HELIPORT or HELIPAD

An area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.

HOME OCCUPATION

A business conducted in a residential dwelling and that is incidental and subordinate to the primary residence, or a business conducted incidental to the residential use of a property, generally within the dwelling by the residence occupant(s).

[Ord. No. 2.160 § 2, 11-23-2012]

HOSPITAL

An institution that:

Offers service more intensive than those required for room, board, personal services and general nursing care;

Offers facilities and beds for use beyond twenty-four (24) hours by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; and

Regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.

HOTEL, MOTEL or TOURIST COURT

A structure which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services, to transient guests and which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient guests for periods of not more than twenty-eight (28) consecutive days and having more than two (2) bedrooms furnished for the accommodation of such guests.

INSTITUTION

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

INTERIOR SETBACK

A required setback that does not front on a public street.

KENNEL

Any lot on which four (4) or more adult dogs and cats over the age of four (4) months of age are kept.

LANDFILL

A disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris.

LAUNDRY PLANT

An establishment that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pickup stations.

LIBRARY

A publicly operated establishment housing a collection of books, magazines, audio and video tapes and other material for borrowing and use by the public.

LOT

A parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incidental thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a public street. A lot, as used herein, may consist of one (1) or more platted lots or tract or tracts as conveyed or parts thereof.

LOT DEPTH

The mean horizontal distance from the front street line to the rear line.

LOT LINE

The line bounding a lot as defined herein.

Front. The boundary between a lot and the street on which it fronts. (For clarification of the front lot line location, see the definition of "corner" below.)

Rear. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the Zoning Administrator shall determine the rear line.

Side. Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.

Figure 1 - Lot Types and Setbacks

LOT OF RECORD

A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds prior to the adoption of this regulation.

Corner. A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Zoning Administrator, except that a lot, as herein defined, when made up of more than one (1) platted lot, shall be deemed to front on the street upon which said platted lots front.

Interior. A lot whose side lines do not abut upon any street.

Through. An interior lot having frontage on two (2) streets.

LOT WIDTH

The horizontal distance between the side boundary lines of a property measured at the front building line.

LOT, ZONING

A parcel or tract of land used, developed or built upon as a unit under single ownership or control. Said parcel of tract may consist of one (1) or more lots of record, one (1) or more portions of a lot or lots of record or any combination thereof.

MANUFACTURED HOME

A structure which bears a seal indicating compliance with the Federal Manufactured Home Construction and Safety Standards established pursuant to 42 U.S.C. § 5401 and constructed on or after June 15, 1976.

MANUFACTURED HOME PARK

Any area, piece, parcel, tract or plot of ground equipped as required for support of manufactured homes and offered for use by the owner or representative for manufactured home park purposes and/or ground upon which three (3) or more manufactured homes are parked, whether for compensation or not, including all accessory uses thereof. The term "manufactured home park" does not include sales lots of which unoccupied manufactured homes are parked for the purpose of inspection and sale.

MANUFACTURED HOME (FACTORY-BUILT HOME) RESIDENTIAL DESIGN

A manufactured home which is designed with the same appearance of an on-site, conventionally built, single-family dwelling and satisfies the criteria established in Article VI, Use Regulations.

Figure 2 - Manufactured Home Residential Design

Residential Character:	Architectural Details:	Manufacturing Home Features:
Covered entry	Window elements	Horizontal lap siding
Front porch		Permanent masonry foundation
Landscaping		Double-wide manufactured home
Pitched roof

MANUFACTURED HOME SALES

An establishment primarily engaged in the display and sale of manufactured housing units.

MANUFACTURING AND ASSEMBLY

Establishments engaged in the manufacture, predominately from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment and packaging of such products and incidental storage, sales and distribution of such products but excluding "basic industry".

MARIJUANA

Cannabis indica, cannabis sativa, and cannabis ruderalis, hybrids of such specials, 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" does not include industrial hemp containing crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.

[Ord. No. 2.194, 7-9-2019]

MASSAGE SHOP

An establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his/her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.

MATERIALS RECOVERY FACILITY

A facility in which source separated commingled recyclable materials, such as newspapers, glass, metals and plastic containers, are stored, flattened, crushed and/or bundled prior to shipment to others who will use those materials to manufacture new products.

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the Missouri Department of Health and Senior Services 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. 2.194, 7-9-2019]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the Missouri Department of Health and Social Services to acquire, store, sell, transport, and deliver marijuana-infused products, and drug paraphernalia used to administer marijuana 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. 2.194, 7-9-2019]

MEDICAL MARIJUANA FACILITIES

Facilities licensed by the Missouri Department of Health and Senior Services as a medical marijuana cultivation facility, a medical marijuana dispensary facility, or a medical marijuana-infused products manufacturing facility.

[Ord. No. 2.194, 7-9-2019]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensing facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 2.194, 7-9-2019]

MEDICAL SERVICE

An establishment providing therapeutic, preventive or corrective personal treatment services on an outpatient basis by physicians, dentists and other practitioners of the medical or healing arts and the provision of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, chiropractors, osteopaths, optometrists, blood banks and medical laboratories.

MILITARY SERVICE

A facility used or intended to be used by a branch of the U.S. armed forces, including military reserves.

MINING or QUARRYING

The extraction of metallic and non-metallic minerals, excluding oil or natural gas. Typical uses include sand and gravel pit operations, quarries and mines.

MOBILE HOME

A transportable, factory-built structure designed to be used as a single dwelling unit that was manufactured prior to June 15, 1976 and that does not bear a seal as provided by the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401).

MODELING STUDIO

An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.

MODULAR HOME

A manufactured residential structure built to a nationally recognized and accepted construction standard published by the Building Officials and Code Administrators International, Inc. (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard. A modular home shall have exterior structure materials and appearance similar to the customary single-family structures, as required of a manufactured home — residential design, and shall be permanently situated on a concrete foundation.

Figure 3 - Modular Home

Residential Character:	Architectural Details:	Modular Features:	Permanent Features:
Pitched roof	Eave projection	Modules for on-site construction	Walkway and stairs
Covered entry	Varying depths	Modules for on-site construction	Formal landscaping
Enclosed garage	Ornamental windows

MOVABLE STRUCTURE

A structure without any foundation or footing and not designed to be permanently located, placed or affixed in the place where it is situated, whether moved in connection with its use or not. A recreational vehicle, as defined herein, shall not be considered a movable structure.

[Ord. No. 2.185 § 1, 11-22-2016]

Multifamily RESIDENTIAL

The use of a site for three (3) or more dwelling units within a single building. Typical uses include triplexes, fourplexes, apartments and residential condominiums.

NON-CONFORMING USE, BUILDING OR YARD

A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated and existed as such on the date of the adoption of this Chapter.

OFFICE, GENERAL

An establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.

OIL OR GAS DRILLING/REFINING

The subsurface extraction or refining of oil or natural gas.

PARKING AREA, OFF-STREET

A permanently surfaced, dust-free area (concrete, asphaltic concrete or other comparable surface) enclosed or unenclosed for the short-term storage of automobiles.

PARKING LOT, COMMERCIAL

Area used or intended to be used for off-street parking of operable motor vehicles on a temporary basis other than as accessory parking to a principal use.

PARKING SPACE

An area surfaced for all weather for the purpose of storing one (1) parked automobile.

PARKS AND RECREATION

A park, playground or community facility, owned by or under the control of a public agency or homeowners' association, that provides opportunities for active or passive recreational activities.

PLANNING COMMISSION

The Commission appointed by the Governing Body to administer the planning and zoning regulations as stipulated by the Governing Body and the Statutes of the State.

POST OFFICE

A facility used for the collection, sorting and distribution of U.S. mail among several zip code areas and having limited retail services for the public such as the sale of stamps, postcards and postal insurance.

PRELIMINARY DEVELOPMENT PLAN

A preliminary site plan that may be submitted at the option of the developer to the Zoning Administrator prior to submission of the final site plan.

PRINTING AND PUBLISHING

The production of books, magazines, newspapers and other printed matter and record pressing and publishing, engraving and photoengraving but excluding businesses involved solely in retail photocopying, reproduction, photo developing or blueprinting services.

RECREATION AND ENTERTAINMENT, INDOOR

An establishment offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and video game arcades. Does not include those uses considered as parks and recreation.

RECREATION AND ENTERTAINMENT, OUTDOOR

An establishment offering recreation, entertainment or games of skill to the public for a fee or charge wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters and miniature golf courses. Does not include those uses considered as parks and recreation.

RECREATIONAL VEHICLE

Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation or vacation or one permanently identified as a travel trailer by the manufacturer of the trailer); pickup coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motorhome (as a portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self-propelled vehicle); and camping trailer (as a canvas, material or metal folding structure mounted on wheels and designed for travel, recreation and vacation use).

RECREATIONAL VEHICLE PARK

Land used or intended to be used for occupancy by recreational vehicles for transient living purposes, including the use of camping spaces for tents.

RECYCLING COLLECTION CENTER

A facility which is not larger than one thousand (1,000) square feet in size and is designed for the collection of aluminum and steel cans, glass, plastic containers, papers and other usable materials for their redistribution for sale or reutilization. This definition does not include processing equipment or storage.

RECYCLING PROCESSING CENTER

A facility designed for the purpose of collecting, redistributing and processing recyclable materials. Activities may include the receipt, separation, storage, conversion, bailing and/or processing of paper, iron, metal, glass, newspaper and other non-biodegradable materials. Hazardous and biodegradable materials, as determined by the Missouri Department of Natural Resources, including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, medical wastes, syringes, needles, pesticides and other similar materials, shall not be brought into or handled by a recycling processing center.

RELIGIOUS ASSEMBLY

A site used by a bona fide religious group primarily or exclusively for religious worship and related religious services, including a place of worship, retreat site or religious camp.

REPAIR SERVICE

An establishment primarily engaged in the provision of repair services to individuals and households but excluding "vehicle repair" services. Typical uses include appliance repair shops.

RESEARCH SERVICE

An establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations.

RESTAURANT, FAST-FOOD

A use primarily engaged in the sale of food and non-alcoholic beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers and where food and beverages may be served directly to the customer in a motor vehicle.

RESTAURANT, GENERAL

A building wherein food is prepared and served in ready-to-eat form to the public for human consumption. The term restaurant shall include cafe, cafeteria, grill, pizza or chili parlor, diner, snack shop, hamburger shop and steak house.

RETAIL

Refers to the sale of commodities and services directly to customers when such commodities and services are used or consumed by the customer and not purchased primarily for the purpose of resale.

RETAIL SALES AND SERVICE

An establishment engaged in the sale or rental of goods and services, including, but not limited to, antique shops, apparel and accessory stores, art and supply stores, bicycle shops, book and stationery stores, barber and beauty shops, candy and ice cream stores, cigar and tobacco stores, dressmakers and tailors, flower and gift shops, hobby shops, interior decorators, jewelry stores, key shops, leather goods and luggage stores, music instrument sales and repair, photocopying services, shoe repair and shoe shine stores, sporting and athletic goods, toy stores and department stores; excluding uses more specifically defined.

SAFETY SERVICE

A facility for conduct of public safety and emergency services including Fire and Police protection services and emergency medical and ambulance services.

SALVAGE YARD

A lot, land or structure or part thereof used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition; or for the sale of parts thereof. Typical uses include automobile salvage yards and junk yards.

SCHOOL, ELEMENTARY, MIDDLE OR HIGH

The use of a site for instructional purposes on an elementary or secondary level.

SERVICE FLOOR AREA

The total floor area of a building exclusive of stairways, restrooms, storage rooms, hallways or other areas which are not regularly used by visitors, clients, customers, patients or patrons in their normal everyday use of the building.

SERVICE STATION, AUTOMOTIVE

A use primarily engaged in the retail sale of gasoline or other motor fuels primarily to automobiles and passenger vehicles along with accessory activities such as the sale of lubricants, accessories or supplies, the lubrication of motor vehicles and the minor adjustment or repair of passenger motor vehicles. Uses involved primarily in the sale of diesel fuel, gasoline or other fuels to tractor trucks and uses that feature parking, storage or servicing of tractor trucks or semitrailers shall be classified as "truck stop service stations".

SERVICE STATION, TRUCK STOP

A use primarily engaged in the sale of diesel fuel, gasoline or other fuels to tractor trucks along with accessory activities such as the sale of lubricants, accessories or supplies or the servicing of tractor trucks or semitrailers. A truck stop service station may include, as an accessory use, the parking and storage of tractor trucks and semitrailers.

SETBACK

The distance that is required by this zoning ordinance to be maintained in an unobstructed state between a structure and the property line of the lot on which the structure is located. (Note: The term "setback" refers to a required minimum area, while the term "yard" refers to the actual open area.)

SHOOTING RANGE

An outdoor facility used or intended to be used for the discharge of firearms at targets.

SIGHT TRIANGLE

An area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and eight (8) feet above the grades of the outside edge of the street surface of the intersecting streets, measured from the point of intersection of the center line of the streets, ninety (90) feet in each direction along the centering of the streets; except that, the City Engineer may establish greater sight triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO)

Figure 4 - Sight Triangle Minimum Standards

SIGN

Any words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.

SINGLE-FAMILY RESIDENTIAL, ATTACHED

The use of a site for two (2) or more dwelling units that are constructed with common or abutting walls and with each dwelling unit located on its own separate lot. Typical uses include town houses and twin homes.

SINGLE-FAMILY RESIDENTIAL, DETACHED

The use of a lot for only one (1) principal dwelling unit that is not connected to any other dwelling unit. This definition shall include, as defined by these regulations, "manufactured homes — residential design" and "modular homes" but shall exclude "manufactured homes".

SOLID WASTE COLLECTION/PROCESSING

Recycling collection centers, incinerators, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where municipal solid wastes are salvaged, sorted, processed or treated.

SOLID WASTE TRANSFER STATION

A facility where solid waste or recyclable material is transferred from collection vehicles (some sorting may occur) to long distance hauling vehicles for transportation to a central solid waste management facility for processing, disposal, incineration or resource recovery.

SPECIFIED SEXUAL ACTIVITIES

Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;

Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or

Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

STOCKYARD

A non-farm-based facility used or intended to be used for selling or holding livestock.

STORY

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 eave is not above the middle of the interior height of such story. The first 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.

STREET

A right-of-way that affords principal means of vehicular access to property abutting thereon.

STREET LINE

The dividing line between the street and the abutting property, also commonly known as the "front property line."

STREET NETWORK

Arterial. A street that provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.

Collector. A street that provides for traffic movement between arterials and local streets with direct access to abutting property.

Expressway. A street that provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.

Local. A street that provides direct access to abutting land and local traffic movement whether in business, industrial or residential areas.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

STRUCTURE

Anything constructed or erected which requires location on or in the ground or attached to something having a location on the ground, including, but not limited to, signs and excepting customary utility poles, retaining walls and boundary fences.

STUDIO, RADIO, TELEVISION, FILM OR MUSIC

An establishment primarily engaged in the provision of recording or broadcasting services accomplished through the use of electronic mechanisms.

TEMPORARY USES

A use which is only allowed for a specified period of time. Typical temporary uses include, but are not limited to, Christmas tree sales, garage sales, road stands, etc.

TOTAL FLOOR AREA

The square foot area of a building, including accessory buildings, measured from outside wall surfaces and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms but excluding unroofed balconies and patios.

TOURIST CABIN

See definition of "HOTEL/MOTEL".

TOWN HOUSE

A dwelling unit located in a group of three (3) or more attached town house dwelling units with no other dwelling unit located above or below another and with each dwelling unit having at least one (1) interior common wall and a private exterior entrance.

TOWN HOUSE SITE

A town house, the total land area beneath the town house and the facilities associated with the town house.

TOWN HOUSE STRUCTURE

A grouping of three (3) or more town houses.

TRANSIT FACILITY

A facility used or intended to be used as an area for loading, unloading and interchange of transit passengers. Typical uses include bus terminals, rail stations and passenger related mass transit facilities.

TRANSITIONAL LIVING FACILITY

A State licensed group care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse.

TWIN HOME

The use of a site for two (2) dwelling units that are constructed with common or abutting walls and with each dwelling unit located on its own separate lot. Twin homes are often created by subdividing a single duplex into two (2) separate lots each of which contains one (1) dwelling unit.

UTILITY, MAJOR

Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities or other uses defined in this Section.

UTILITY, MINOR

Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

VARIANCE

A variation from a specific requirement in this Chapter, as applied to a specific piece of property, as distinct from rezoning.

VEHICLE AND EQUIPMENT SALES

An establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment along with incidental service or maintenance activities. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving trailer rental and farm equipment and machinery sales and rental.

VEHICLE/EQUIPMENT STORAGE YARD

An outdoor area used or intended to be used for long-term storage of vehicles and equipment other than a "commercial parking lot" or accessory parking to a principal use.

VEHICLE REPAIR, GENERAL

An establishment primarily engaged in painting of or body work to motor vehicles or heavy equipment. Typical uses include paint and body shops.

VEHICLE REPAIR, LIMITED

A use providing automobile repair or maintenance services within completely enclosed buildings but not including "general vehicle repair" services.

VOCATIONAL SCHOOL

A use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit and not otherwise defined as a "college or university" or "school".

WAREHOUSING AND WHOLESALE

An establishment primarily engaged in the storage or sale of materials, equipment or products or sale to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities but exclude "residential storage warehouses" and sale of goods to the general public.

WAREHOUSE, RESIDENTIAL STORAGE

An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for dead storage of their household goods or personal property.

WELDING OR MACHINE SHOP

A workshop where machines, machine parts or other metal products are fabricated. Typical uses include machine shops, welding shops and sheet metal shops.

YARD

An open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used.

Front. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

Rear. A yard between the rear lot line and the rear line of the main building and the side lot lines.

Side. A yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard.

ZONE or DISTRICT

A section of the zoning area for which uniform regulations governing the use, height, area, size and intensity of use of structures, land and open space are herein established.

ZONING ADMINISTRATOR

The staff responsible for administering these regulations as designated by the City Administrator.

ZONING AREA

The area to be zoned as set out on the Official Zoning Map filed of record.

ZONING REGULATIONS

The term "zoning regulations" or "these regulations" shall mean the requirements stipulated in the regulations herewith attached and shall mean the lawfully adopted zoning ordinances of the City of Mount Vernon.