[Ord. No. 516 §2(2.02), 6-21-2001; Ord. No. 542 §1(a,b), 12-20-2001; Ord. No. 1099 §1, 12-20-2006; Ord. No. 1219 §2, 9-19-2007; Ord. No. 1220 §1, 10-17-2007; Ord. No. 1258 §1, 12-19-2007; Ord. No. 1327 §§1 — 2, 7-16-2008; Ord. No. 1341 §9, 8-20-2008; Ord. No. 1441 §1, 11-4-2009]
The following definitions shall apply in interpretation and
enforcement of this Chapter, unless otherwise specifically stated:
ABUT (ABUTS, ABUTTING or ABUTTED)
To have a common zoning district boundary or lot boundary.
For the purposes of this Chapter, a lot line shall be considered to
abut a zoning district, waterway, railroad right-of-way or portion
thereof. "Adjacent", "adjoining" and "contiguous" shall have the same meaning as
"abutting".
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure having a use customarily
incident to and located on the lot occupied by the main building.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building or is under an extension of the main roof and designed
as an integral part of the main building.
ACCESSORY DWELLING UNIT
A dwelling unit, attached or detached from the main building,
located on a single lot, provided that the gross floor area of an
accessory dwelling unit shall not exceed fifty percent (50%) of the
gross floor of the main building or structure or 1,250 square feet,
whichever is less.
[Ord. No. 1709 §1, 12-18-2013]
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless facility or wireless support structure. The term includes
utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters,
or similar structures.
[Ord. No. 1732 §1, 8-20-2014]
ACCESSORY USE
A use customarily incidental and subordinate to and located
on the same lot as the principal use.
ADMINISTER
Shall have the same meaning as set forth in 19 CSR 30-95.010(1),
as amended.
[Ord. No. 1975, 9-18-2019]
ADMINISTRATIVE OFFICER
An office or individual having specific authority to administer
the regulations within this Chapter or as may otherwise be designated
by the Board of Aldermen.
[Ord. No. 2127, 8-18-2021]
ADULT ORIENTED ITEMS
Consist of:
1.
Sexual devices. Any three-dimensional object
designed or marketed as useful primarily in the performance of a sexual
act or to enhance or entice sexual stimulation or gratification. Such
devices include any item which has no substantial non-sex related
utility, such as erotic undergarments and artificial sexual organs,
as well as devices with other utility when they are marketed for sexual
purposes, such as chains, handcuffs or the like, but does not include
devices primarily intended for protection of health or prevention
of pregnancy; or
2.
Sexually explicit materials. Any book, magazine,
pamphlet, newspaper or other printed or written matter, picture, drawing,
photograph, motion picture film, pictorial representation, statue,
figure or other three-dimensional object, recording, transcription
or anything which is or may be used as a means of communication that
depicts, describes or portrays human sexual intercourse, sodomy, bestiality,
oral copulation, masturbation, urinary and defecatory functions, sadism,
masochism, sadomasochistic abuse, exhibition of the genitals or any
touching of the genitals, pubic areas or buttocks of the human male
or female, or the breasts of the female, whether alone or between
members of the same or opposite sex, or between humans and animals
in an act of apparent sexual stimulation or gratification.
AGRICULTURAL
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, commercial riding
stables, floriculture, viticulture and animal and poultry husbandry
and the necessary accessory uses for packing, treating or storing
the produce; provided however, that the operation of any such accessory
uses shall be secondary to that of the normal agricultural activities.
The operation of commercial feedlots or pens, sales yards and auction
yards for cattle or hogs shall be deemed an industrial and not an
agricultural use.
AGRICULTURAL PRODUCT SALES
The sale of food or fiber commodities of any kind associated
with the agricultural use of property. Agricultural product sales
include:
1.
On-farm sales of products grown, raised or manufactured on site;
2.
Roadside stands displaying products grown, raised or manufactured
on site, available for purchase, said products, stand or other structure
or goods being outside of the sight triangle as shown on Figure 2
of this Chapter;
3.
U-pick operations where the public is invited to select or harvest
products grown on site.
AGRITOURISM
An enterprise located at a working farm, ranch, or other
agricultural use of the property or agricultural plant/facility conducted
for the enjoyment and education of visitors, guests or clients that
generates income for the owner/operator. Agricultural tourism refers
to the act of visiting a working farm/ranch or to any agricultural,
horticultural or agricultural operation for the purpose of enjoyment,
education or active involvement in the activities of the farm/ranch
or agricultural use of the property that also adds to the economic
viability of the agricultural use of the property.
Examples of agritourism enterprises include, but are not
limited to, the following:
1.
Outdoor recreation:
b.
Wagon rides, sleigh rides, hay rides, pony rides;
c.
Wildlife viewing and photography.
2.
Direct agricultural sales:
a.
Agricultural-related crafts/gifts;
4.
Educational experiences:
a.
Agricultural technical tours;
b.
Crop sign identification program;
d.
Historical agricultural exhibits;
e.
Historical re-enactments;
ALLEY
A minor public or private right-of-way shown on a plat providing
secondary vehicular access to the rear or side of a lot, block or
parcel of land otherwise abutting a street, and which may be used
for public utility purposes.
ALTERATION
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
ANTENNA
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
[Ord. No. 1732 §1, 8-20-2014]
APARTMENT
A room or a suite of rooms within an apartment house arranged,
intended or designed as a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
APARTMENT HOUSE
A multi-family dwelling unit building with two (2) or more
apartments. At least two (2) dwelling units are owned by the same
entity and at least one (1) dwelling unit is not owner occupied.
AREA, PROJECT
1.
Gross project area. Total project area.
2.
Net project area. Total project area less land
allocated to public street right-of-way, private streets, common ground,
parking areas and any land allocated to specified non-project uses
such as schools and churches when determining the "net residential
project area" to be used as a basis for calculating the number
of permitted dwelling units for a Planned Unit Development.
BANK or FINANCIAL INSTITUTION
An establishment that is engaged in the business of a bank,
savings and loan association or other similar institution that is
regulated by State or Federal authority. Such establishment includes,
without limitation, an office building or portion thereof devoted
to such use, a drive-up facility and a facility containing one (1)
or more automated teller machines.
BASEMENT
That portion of a building which is completely below ground
or which is partly above and partly below ground, but having more
than one-half (½) of its height below grade.
BASE STATION
A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies, and other associated electronics,
and includes a structure that currently supports or houses an antenna,
a transceiver, coaxial cables, power supplies, or other associated
equipment.
[Ord. No. 1732 §1, 8-20-2014]
BLOCK
An area of land within a subdivision that is entirely bounded
by streets, highways or rights-of-way, except alleys, or between streets,
highways, streams, parks, etc., or any other barrier or combination
thereof.
BOARD OF ALDERMEN
The officially elected Board of Aldermen of the City of Dardenne
Prairie; the term may be abbreviated in this Chapter as the "Board".
BOARDING HOUSE or LODGING HOUSE
A building, other than a hotel, occupied as a single housekeeping
unit where lodging or meals are provided for four (4) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
BODY PIERCER
Any individual who for a fee performs body piercing procedures
on a human being, excluding the ears, at the patron's request including,
but not limited to:
6.
Labrets (lips and around the mouth);
9.
Multiple piercing in the same area; and
10.
Unusual piercing, including the earl, which is surface to surface
piercing located across the bridge of the nose and/or the madison
which is surface to surface piercing located near the clavicle.
BRAND and BRANDING
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
BRANDER
Any individual who for a fee performs branding on a patron
at the patron's request.
BUILDER
An entity engaged in the construction of buildings but not
necessarily a developer.
BUILDING
Any structure having a roof supported by columns or walls
built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind, but not including any vehicle, trailer (with
or without wheels) nor any movable device, such as furniture, machinery
or equipment.
BUILDING COVERAGE
The proportion of the lot area expressed as a percent that
is covered by the maximum horizontal cross section of a building or
buildings.
BUILDING HEIGHT
The vertical distance from the average elevation of the proposed
finished grade at the front of the building or structure to the highest
point of the roof of a building or highest point of any permanent
part of a structure other than a building.
BUILDING LINE or SETBACK LINE
A line parallel to a street right-of-way line, edge of a
stream or other property line established on a parcel of land or lot
for the purpose of prohibiting construction of a building or structure
in the area between such building line and right-of-way stream banks
or other property line.
BULK
The term used to indicate the size and setback of a building
or structure and the location of same with respect to another building
or structure or to a lot line and includes the following: size and
height of a building or structure; location of exterior walls of a
building in relation to lot lines, streets or other buildings; the
floor area of a building in relation to the area of the lot on which
it is located; the open space allocated to a surrounding building;
and the amount of lot area per dwelling unit.
BUSINESS
Any activity engaged in by any person, or caused to be engaged
in by him, with the object of gain, benefit or advantage, either direct
or indirect.
CAMOUFLAGED
Any wireless support structure that is designed to blend
into the surrounding environment. Examples include wireless support
structures which are made to look like trees, light poles, or flag
poles.
[Ord. No. 1732 §1, 8-20-2014]
CEMETERY
A place for burial of the dead, including crematory facilities
as an accessory use.
CHILD DAY-CARE CENTER
Shall have the same meaning as the term "Daycare" as set
forth in 19 CSR 30-95.010(6), as amended.
[Ord. No. 1975, 9-18-2019]
CHURCH
Shall have the same meaning as set forth in 19 CSR 30-95.010(5),
as amended.
[Ord. No. 1975, 9-18-2019]
CITY
The City of Dardenne Prairie, Missouri.
CITY ENGINEER
The officially appointed engineer of the City of Dardenne
Prairie or his or her designee, or such other person or persons as
may be designated by the City Administrator from time to time.
[Ord. No. 2207, 9-21-2022]
CITY PLANNING AND ZONING COMMISSION
The officially appointed Planning and Zoning Commission of
the City of Dardenne Prairie; the term may be abbreviated in this
Chapter as the "Commission".
CLUB
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
CODE
The Municipal Code of the City of Dardenne Prairie, Missouri.
COLLOCATION
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings, and other
structures capable of structurally supporting the attachment of wireless
facilities.
[Ord. No. 1732 §1, 8-20-2014]
COMMON GROUND
Land included in a subdivision record plat that is not part
of any lot nor part of the dedicated right-of-way. The term implies
land that is held in common ownership by all owners of lots in the
subdivision, usually through a homeowners' association.
CONDITIONAL USE
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, morals, order, comfort, convenience,
appearance, prosperity or general welfare. Such uses may be permitted
in such zoning districts as conditional uses, if specific provisions
for such conditional uses are made in this zoning ordinance.
CONDOMINIUM
The same as is defined by Section 448.1-103, RSMo.
CONSTRUCTION PLANS
The engineering drawings showing types of materials and construction
details for physical structures and facilities, excluding dwelling
units, to be installed in conjunction with any development.
CUL-DE-SAC
A local street with only one (1) outlet and having an appropriate
turnaround at the end for the safe and convenient reversal of traffic
movement.
CULTIVATION
As related to activity authorized pursuant to Article
XIV, Section 1 of the Missouri Constitution and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
[Ord. No. 1975, 9-18-2019]
CULTIVATION IDENTIFICATION CARD
An additional, separate, or enhanced Identification Card
issued by the State of Missouri allowing the holder to cultivate medical
marijuana in amounts and in secure manners as authorized by DHSS,
only to the extent authorized by applicable law.
[Ord. No. 1975, 9-18-2019]
CURB LEVEL
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
DAY CARE CENTER
A place which provides shelter and personal care on a regular
basis for six (6) or more children who are not related within the
third (3rd) degree of consanguinity to the operator for four (4) or
more hours of any part of a twenty-four (24) hour day, whether such
place be organized or operated for profit or not. The term "day care center" includes any child care facility, kindergarten,
nurseries or any other facility that falls within the scope of the
definitions set forth above, regardless of auspices.
DAY CARE FACILITY, ADULT
The care of an adult away from his/her own home for any part
of the twenty-four (24) hour day, for compensation or otherwise. Day
care is a voluntary supplement to the person's regular home activities
and/or a designated guardian's responsibility for the person's protection,
development and supervision. Day care may be given in a day care home
or day care center subject to any applicable regulations or approvals.
DEDICATION
Transfer by the developer to the public of ownership of or
an interest in land for a public purpose. Dedication may be effected
by formal deed of conveyance, plat or by any other method recognized
by the laws of the State of Missouri.
DENSITY
The number of dwelling units per acre of gross land area.
DEVELOPER
Any person, persons, corporation or government agency undertaking
any development as defined in this Chapter. The term "developer" includes such commonly used references as subdivider, owner and
proprietor but not builder.
DEVELOPMENT
Any subdivision of land as herein defined or any material
change in the use or appearance of any parcel of land subject to provisions
of this Chapter or the act of building structures and/or installing
site improvements.
DHSS
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 1975, 9-18-2019]
DISTRICT
A section or sections of the City for which the zoning regulations
governing the use of buildings and premises, the height of buildings,
the size of yards and the intensity of use are uniform.
DOMESTIC ANIMALS
Animals kept exclusively for the personal enjoyment of the
occupants of a principal building and including those animals normally
kept as pets.
DORMITORY
A building with many rooms providing sleeping and living
accommodations for a number of usually unrelated persons; usually
associated with an educational institution.
DRIVE-IN ESTABLISHMENTS
Any business so developed that its retail or service character
is primarily dependent upon serving patrons who remain in their motor
vehicles in a driveway or parking spaces.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, including single-family, two-family and multiple-family
dwellings, boarding and lodging houses, apartment houses and town
houses but not hotels or motor hotels.
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DWELLING, MULTIPLE-FAMILY — A building or portion thereof
arranged, intended or designed for occupancy by three (3) or more
families on a rental or ownership basis and commonly referred to as
a triplex, four-plex or apartment building.
|
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DWELLING, SINGLE-FAMILY — A building arranged, intended
or designed for occupancy by one (1) family. The term does not include
mobile homes, manufactured homes or modular homes, regardless of whether
or not affixed to a permanent foundation or made a part of fixture
of the real estate, where situated, in any other manner.
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DWELLING, TWO-FAMILY — A building designed for or occupied
exclusively by two (2) families living independently of each other.
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DWELLING UNIT
The same meaning as set forth in Section R202 of the Residential
Code for One- and Two-Family Dwellings of the City of Dardenne Prairie,
Missouri.
[Ord. No. 1709 §1, 12-18-2013]
EASEMENT
A right or privilege to use a portion of another's property
for a particular purpose.
EDUCATIONAL FACILITIES
The use of a site for a public, private or parochial school
offering instruction at the elementary, junior high or senior high
school levels in the branches of learning and study required to be
taught in the State of Missouri. The term "educational facilities" shall also include accessory uses including, but not necessarily
limited to, lighted athletic fields, tennis courts, tracks, outdoor
classrooms and athletic stadiums and gymnasiums with a seating capacity
not to exceed five thousand (5,000) people.
ELECTRICAL TRANSMISSION TOWER
An electrical transmission structure used to support high-voltage
overhead power lines. The term shall not include any utility pole.
[Ord. No. 1732 §1, 8-20-2014]
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing structure or
base station that involves:
[Ord. No. 1732 §1, 8-20-2014]
1.
Collocation, as defined herein;
2.
Removal of accessory equipment; or
3.
Replacement of wireless facilities.
ENGINEER
A professional engineer registered in and pursuant to the
laws of the State of Missouri.
EQUIPMENT COMPOUND
An area surrounding or near a wireless support structure
within which are located wireless facilities.
[Ord. No. 1732 §1, 8-20-2014]
EXISTING STRUCTURE
A structure that exists at the time a request to place wireless facilities on a structure is filed with the Zoning Administrator. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with Chapters
500 and
505 of the Municipal Code of the City of Dardenne Prairie and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
[Ord. No. 1732 §1, 8-20-2014; Ord.
No. 2207, 9-21-2022]
FAMILY
One (1) or more persons who are related by blood, marriage
or adoption living together and occupying a single housekeeping unit
with single kitchen facilities, or a group of not more than five (5)
living together by joint agreement and occupying a single housekeeping
unit with single kitchen facilities on a non-profit cost-sharing basis
or as further defined by State Statute.
FARM PRODUCTS
Any fresh fruits, vegetables, mushrooms, nuts, shell eggs,
jams, jellies, honey or other bee products, maple syrup or maple sugar,
flowers, nursery stock and other horticultural commodities, livestock
food products, including meat, milk, cheese and other dairy products,
food products of "aquaculture", as defined in Subsection 1 of Section
277.024, RSMo., including fish, oysters, clams, mussels and other
molluscan shellfish taken from the waters of the State, products from
any tree, vine or plant and other flowers, or any of the products
listed that have been processed by the participating farmer, including,
but not limited to, baked goods made with farm products.
FARMER'S MARKET
A cooperative or non-profit enterprise or association that
consistently occupies a given site throughout the season, which operates
principally as a common marketplace for a group of farmers to sell
farm products directly to consumers, and where the products sold are
produced by the participating farmers with the sole intent and purpose
of generating a portion of household income.
FLOOD PLAIN
That area of land adjoining the channel of a river, stream,
watercourse, lake or similar body of water which will be inundated
by a flood which has a one (1) in one hundred (100) probability of
occurrence in a given year as defined by the U.S. Corps of Engineers
and required by the National Flood Insurance Act.
FLOOR AREA
For commercial business and industrial building or buildings
containing mixed uses, the sum of the gross horizontal areas of the
several floors of the building measured from the exterior walls, but
not including:
1.
Attic space providing headroom of less than seven (7) feet;
2.
Easement space not used for retailing;
3.
Accessory water and cooling towers.
For residential buildings. The gross horizontal
areas of the several floors of a dwelling exclusive of garages, basements
and open porches measured from the external faces of the exterior
walls.
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FLOWERING MARIJUANA PLANT
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 1975, 9-18-2019]
FRONTAGE
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
GARAGE, COMMUNITY
A building or portion thereof, other than a public or repair
garage, providing storage for motor vehicles but no other services,
such garage to be in lieu of private garages within a block or portion
of block.
GARAGE, PRIVATE
An accessory building or portion of a main building used
for storage of personal use motor vehicles.
GARAGE, REPAIR
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles and which is operated
for commercial purposes.
GARAGE, STORAGE
A building or portion thereof, except those defined as a
private, a repair or a community garage, providing storage for motor
vehicles with facilities for washing but no other services.
GARDEN APARTMENT BUILDING
A two- or three-story multi-family apartment building usually
of wood frame construction. The typical garden apartment building
is designed with apartment flats which extend through the building
without a central corridor. One-half (½) of the units have
ground level patios and the second-story units have balconies. In
land planning the trend is toward two-story walk-up buildings at low
density with open spaces for recreational purposes and to preserve
the natural terrain and trees. Frequently, a sloping site can be adapted
to gain another story without necessitating more than one (1) flight
of stairs.
GREENBELT or BUFFER STRIP
A strip of land located between incompatible land uses which
is subject to private use restrictions or a negative easement or is
dedicated to public use as open space for the purpose of protecting
the built environment of a subdivision or to enhance a street right-of-way,
or both.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
HOME OCCUPATION
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
[Ord. No. 2286, 1-17-2023]
HOTEL or MOTOR HOTEL
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with
or without meals, and in which there are more than ten (10) sleeping
rooms.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit
establishment.
JUNK YARD
A parcel of land upon which the principal or accessory use
is the accumulation of used, discarded or worn out materials or manufactured
products, any of which may or may not be reusable or salable.
LARGE ANIMAL
Any animal which normally weighs more than fifty (50) pounds
at maturity including, but not limited, to horses, bison, emus, ostrich,
cattle, llamas, certain breeds of dogs, burrows, goats, etc.
LAUNDROMAT
A business that provides washing, drying or ironing machines
and professional type cleaning and pressing equipment for hire to
be used by customers on the premises.
LIVESTOCK
Large animals raised for commercial purpose, including horses,
cattle, pigs, hogs, goats, sheep, ostriches, emu, llamas, etc.
LIVING AREA
The area of a dwelling unit composed of those rooms designed
for and exclusively used for residential purposes, including bedrooms,
kitchen, dining room, den/library, bathrooms, family and living rooms,
stairwells and hallways connecting these rooms but not including the
garage or basement.
LOADING SPACE
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks, which space shall
have a minimum dimension of twelve (12) by thirty-five (35) feet and
a vertical clearance of at least fourteen (14) feet.
LOT
A measured portion of a parcel or a tract of land, set forth
in a recorded plat, recorded or proposed to be recorded and intended
as a unit for transfer of ownership or for development.
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LOT, CORNER — A lot abutting upon two (2) or more streets
at their intersection.
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LOT, INTERIOR — Any lot other than a corner or through
lot.
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LOT, THROUGH — A lot, other than a corner lot, which has
streets on two (2) sides of the lot.
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LOT COVERAGE
Includes the total area of all principal and accessory buildings
as measured along the outside wall at ground level or above as viewed
from above and includes all projections other than open porches, fire
escapes, canopies or the first three (3) feet of a roof over-hang.
Roads, driveways, parking lots and swimming pools shall not be included
in the maximum lot coverage requirements. The percent of lot coverage
shall be computed as follows:
Percent of lot coverage = One hundred (100) times the square
feet of ground coverage of all principal and accessory buildings,
divided by the total square feet of lot area.
LOT LINES
The lines bounding a lot as defined herein.
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LOT LINE, FRONT — The boundary between a lot and the street
on which it fronts.
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LOT LINE, REAR — The boundary line or lines opposite and
most distant from the front lot line; except that in the case of uncertainty,
the Zoning Administrator shall determine the rear line. Notwithstanding
the foregoing, where a lot is wedge-shaped having only two (2) side
lot lines which end at a point, the rear lot line shall be considered
to be said point of intersection and the rear yard shall be defined
by a line parallel to the front lot line and measured the required
distance from said point. [Ord. No. 2207, 9-21-2022]
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LOT LINE, SIDE — Any lot boundary line not a front or
rear line thereof; a side line may be a party lot line, a line bordering
on an alley or place or a side street line.
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LOT WIDTH
The distance between side lot lines measured along the front
building line.
MANUFACTURED HOME
A detached single-family dwelling unit with all of the following
characteristics:
1.
Designed for long-term occupancy, containing sleeping accommodations,
a flush toilet, a tub or shower bath, and kitchen facilities, with
plumbing and electrical connections provided for attachment to outside
systems;
2.
Designed to be transported after fabrication on wheels or on
a flatbed;
3.
Delivered to a site where it is to be occupied as a complete
dwelling, including major appliances and furniture and ready for occupancy
except for minor and incidental unpacking and assembly operations,
location on foundation supports, connection to utilities, etc.; and
4.
Designed to have a permanent foundation.
MARIJUANA
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"
does not include industrial hemp containing a cropwide 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. 1975, 9-18-2019]
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. 1975, 9-18-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by DHSS 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. 1975, 9-18-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by DHSS to acquire, store, sell, transport,
and deliver marijuana, marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Chapter to a
qualifying patient, a primary caregiver, another medical marijuana
dispensary facility, a medical marijuana testing facility, or a medical
marijuana-infused products manufacturing facility.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA FACILITY
A medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana-infused products manufacturing
facility, or medical marijuana testing facility.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by DHSS 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. 1975, 9-18-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by DHSS to transport marijuana to a
qualifying patient, a primary caregiver, a medical marijuana cultivation
facility, a medical marijuana-infused products manufacturing facility,
a medical marijuana dispensary facility, a medical marijuana testing
facility, or another medical marijuana-transportation facility.
[Ord. No. 1975, 9-18-2019]
MOBILE HOME
A self-contained single-family unit designed to be transported
after fabrication on wheels or on a flatbed, delivered to a site,
ready for use except for minor unpacking and assembly, location on
foundation supports, connection to utilities, etc.
MOBILE STATION
A radio-communication station capable of being moved and
which ordinarily does move.
[Ord. No. 1732 §1, 8-20-2014]
MOBILE STRUCTURE
A self-contained unit designed to be transported after fabrication
on wheels or on a flatbed, delivered to a site; ready for use except
for minor unpacking and assembly, location on foundation supports,
connection to utilities, etc.
MODULAR UNIT
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.
NEGATIVE EASEMENT
A grant by the developer to the public, a corporation or
person(s) for use of a recorded strip of land for open space or other
non-developed purposes. See "COMMON GROUND".
NON-ACCESS RESERVATION
A parcel or tract of subdivision land withheld from development
and subject to private use and access restrictions for the purpose
of protecting the environment of subdivision or to enhance a street
right-of-way or to improve traffic flow on a principal street.
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment thereto which does not, by
reason of design, use or dimensions, conform to the regulations of
the district in which it is situated.
NURSING HOME
A residence or other place licensed by the State of Missouri
as a nursing home.
OPEN SPACE
Land dedicated or reserved for use by the general public
or for use by residents of the subdivision or land held out of development
and retained in its natural conditions with or without public access.
Open space includes, but is not limited to, parks, parkways, playgrounds,
school sites, wildlife or plant life preserves and nature study areas.
PARCEL or TRACT
A continuous area or acreage of land that can be divided
or subdivided as provided by this Chapter.
PARKING AREA
An open, unoccupied space used or required for use for parking
vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
PARKING LOT
An open surfaced area used exclusively for the temporary
storage of motor vehicles, but no vehicles may be equipped, repaired,
rented or sold.
PARKING SPACE
A surfaced area, enclosed in the main building or in an accessory building or unenclosed, reserved for the purpose of parking of motor vehicles per Article
XI of this Chapter.
PLANNED UNIT DEVELOPMENT
A tract of land to be developed as an entity according to
a plan and which may contain multiple uses; a Planned Unit Development
(PUD) may be planned, developed and regulated as a single land use
unit.
PLAT
A graphic representation of a tract of land or a subdivision
of land showing developmental boundaries and features such as property
lines.
PREFABRICATED BUILDING
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 commercial,
educational, or industrial purposes. Prefabricated buildings include
shipping container structures, but do not include structures defined
as manufactured or mobile homes or constructed with an integral chassis
and attached wheels.
[Ord. No. 2211, 10-5-2022]
PRIMARY CAREGIVER
Shall have the same meaning as set forth in 19 CSR 30-95.010(30),
as amended.
[Ord. No. 1975, 9-18-2019]
PUBLIC USE AREAS
Public parks, playgrounds, recreational areas, designated
scenic or historic sites; school sites or sites for other public buildings;
and other areas dedicated to public use or enjoyment.
QUALIFYING PATIENT
Shall have the same meaning as set forth in 19 CSR 30-95.010(35),
as amended.
[Ord. No. 1975, 9-18-2019]
REPLACEMENT
Includes constructing a new wireless support structure of
equal proportions and of equal height or such other height that would
not constitute a substantial modification to an existing structure
in order to support wireless facilities or to accommodate collocation
and includes the associated removal of the preexisting wireless facilities
or wireless support structures.
[Ord. No. 1732 §1, 8-20-2014]
REVERSE FRONTAGE
Frontage on a road to which access is prohibited. When a
subdivision lot occurs between two (2) non-intersecting streets, one
(1) of which is a parkway, thoroughfare or collector and the other
is a minor residential street, the lot will front on the minor residential
street and a non-access reservation will be provided buffering the
rear of the lot from the traffic artery.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
SCREEN PLANTING
A hedge of closely spaced shrubs with dense foliage in all
seasons that effectively blocks view.
SETBACK
The distance from the property line that a main structure
must be located in order to accommodate the zoning district yard requirement.
SHIPPING CONTAINER
A portable storage container designed and manufactured according
to specifications from the International Standards Organization (ISO)
as a standard, reusable vessel intended to be loaded on a truck, rail
car or ship, used primarily for shipping goods.
[Ord. No. 2211, 10-5-2022]
SHOPPING CENTER
A group of retail stores planned and developed for the site
upon which they are built and owned and managed as a unit with off-street
parking provided on the property.
SITE PLAN
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes
lot lines, streets, building sites, reserved open space, buildings,
major landscape features, both natural and manmade and, depending
on requirements, the locations of proposed utility lines.
SMART CODE
The SmartCode adopted on July 18, 2007, and pursuant to Ordinance
No. 1175 of the City of Dardenne Prairie, Missouri, as amended.
[Ord. No. 1732 §1, 8-20-2014]
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 eaves is not above the middle of the
interior height of such story. The first (1st) story is a half story
when between fifty percent (50%) and seventy-five percent (75%) of
the area of its exterior walls are exposed to outside light and air
entirely above grade and which exterior walls contain windows or doors
permitting the entrance of daylight and outside air.
STREET
A general term denoting a public or private thoroughfare
which affords the principal means of access by vehicular traffic to
abutting property. The term includes all facilities which normally
are found within the right-of-way; it shall also include such other
designations as highway, thoroughfare, parkway, throughway, road,
pike, avenue, boulevard, lane, place, court or other such terms but
shall not include pedestrian way or alley. For dedication purposes,
it may refer to the width of the right-of-way, not just the paved
area.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders or the addition of new
electrical circuits or plumbing fixtures to the building.
STRUCTURE
Any relatively immobile improvement on land composed of manmade
materials. This includes pools, whether above ground or in-ground,
sheds, garages, gazebos, etc., but not fences, retaining walls, pavements
or swing sets.
SUBDIVIDER
Any person, firm, partnership, association, corporation,
estate, trust or any other group or combination acting as a unit dividing
or proposing to divide land so as to constitute a subdivision as defined
herein.
SUBDIVISION
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets
and change in lot lines.
SUBSTANTIAL MODIFICATION
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
[Ord. No. 1732 §1, 8-20-2014]
1.
Increases the existing vertical height of the structure by more
than ten percent (10%) or the height of one (1) additional antenna
array with separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater; or
2.
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable);
3.
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
4.
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
TATTOO
1.
An indelible mark made on the body of another person by the
insertion of a pigment under the skin; or
2.
An indelible design made on the body of another person by production
of scars other than branding.
TATTOOIST
Any individual who for a fee tattoos a patron at the patron's
request.
TEMPORARY RETAIL SALES USE
Selling products, merchandise or service to the public, conducted
on a temporary basis and not occupying a permanent structure on the
property on which it is located. The use may or may not occupy a tent,
modular unit or other mobile structure and may or may not be conducted
by the owner or lessee of the property. The use may, but need not,
be associated with a permanent use on the property.
TOWN HOUSE
The town house, once known as the row house, is a single-family
attached unit. Town houses are characteristically built as individual
units in a series of four (4) to eight (8) houses with common sidewalls
between units and a side yard on the end unit only. Typically, the
town house has two (2) stories but may be designed with one (1), two
(2) or three (3) stories and may be built on slab or on basement.
Built-in garages are often constructed as part of the unit. Town houses
usually have a fenced private rear yard patio for outdoor living.
TRANSITION STRIP
A strip of land located between incompatible land uses that
is subject to private use restrictions or a negative easement or is
dedicated to public uses as open space for the purpose of protecting
the build environment of a development or to enhance a street right-of-way
or both.
TRAVEL TRAILERS
Including automobile tent trailers, recreational vehicles
or house cars designed to provide temporary mobile housing for highway
and recreational travelers. Such use shall be considered equivalent
to a hotel, tourist court or motor hotel for zoning purposes.
UTILITY
Any person, corporation, county, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, waste water, data, cable television,
or telecommunications or Internet protocol-related services.
[Ord. No. 1732 §1, 8-20-2014]
UTILITY POLE
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables, or wires for telephony,
cable television, or electricity, or to provide lighting.
[Ord. No. 1732 §1, 8-20-2014]
USE
The purpose or activity for which a piece of land or its
buildings is designed, arranged or intended or for which it is occupied
or maintained.
VARIANCE
A modification of the specific requirements of this Chapter
granted by Board of Adjustment in accordance with the terms of this
Chapter for the purpose of assuring that no property because of special
circumstances applicable to it shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zoning district.
VILLA
A single or two-story structure entirely surrounded by common
ground whose structure exterior is maintained by the homeowners' association.
The structure may be a freestanding, single unit or not greater than
a three-unit structure.
WATER TOWER
A water storage tank, or a standpipe or an elevated tank
situated on a support structure, originally constructed for use as
a reservoir or facility to store or deliver water.
[Ord. No. 1732 §1, 8-20-2014]
WIRELESS COMMUNICATIONS SERVICE
Includes the wireless facilities of all services licensed
to use radio communications pursuant to Section 301 of the Communications
Act of 1934, 47 U.S.C. §301.
[Ord. No. 1732 §1, 8-20-2014]
WIRELESS FACILITY
The set of equipment and network components, exclusive of
the underlying wireless support structure, including, but not limited
to, antennas, accessory equipment, transmitters, receivers, power
supplies, cabling and associated equipment necessary to provide wireless
communications services.
[Ord. No. 1732 §1, 8-20-2014]
WIRELESS SUPPORT STRUCTURE
A structure, such as a monopole, tower, or building capable
of supporting wireless facilities. This definition does not include
utility poles.
[Ord. No. 1732 §1, 8-20-2014]
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 foundation line of the main
building shall be used. Where lots abut a street, all yards abutting
said street shall be measured from the street right-of-way.
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YARD, FRONT — A yard across the full width of the lot
extending from the front foundation line of the main building to the
right-of-way of the street providing access to the lot. In the case
of corner lots and through lots, the front yard requirement shall
apply to the side and rear of the main structure.
|
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YARD, REAR — A yard between the rear lot line and the
rear foundation line of the main building and between the side lot
lines.
|
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YARD, SIDE — A yard between the foundation line of the
main building and the adjacent side line of the lot and extending
from a front building line to the rear building line.
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ZERO LOT LINE DWELLING UNIT
A development approach in which a freestanding building is
sited on one (1) or more lot lines with no yard on the zero lot line
side in order to increase the amount of usable open space on the remaining
area of the lot. Zero lot line dwellings are designed with no windows
facing the zero lot line side and are internally oriented to an enclosed,
private courtyard or patio. Typically the zero lot line unit is a
one-story, L-shaped single-family house designed as a two-, three-
or four-bedroom unit on lots eighty (80) to one hundred (100) feet
deep by forty (40), fifty (50) or sixty (60) feet wide, at density
of five (5) to seven (7) families per gross acre. The zero lot line
unit is usually designed in group or cluster arrangements and the
land saved from conventional size house lots is used as common open
space for recreation or to preserve natural features of the site.
ZONING ADMINISTRATOR
The City Administrator of the City of Dardenne Prairie, appointed pursuant to Chapter
115 of the Municipal Code, or such other person or persons designated by the City Administrator.
[Ord. No. 2207, 9-21-2022]
ZONING ORDINANCE
The duly approved, enacted and amended ordinance which controls
and regulates zoning in the City of Dardenne Prairie.