[R.O. 1992 § 400.045; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
As used in this Chapter, the following
terms shall have the meanings indicated:
A building, structure or use which meets all the following
criteria:
It is subordinate to and serves a
principal building or a principal use;
It is subordinate in area, extent
or purpose to the principal building or principal use served;
It contributes to the comfort, convenience
or necessity of occupants, business, industry, or institution in the
principal building or principal use served;
It is located on the same lot as
the principal building use or use served; and
It would not otherwise be considered
a principal use if it were to be a freestanding structure on its own
lot, such as an office building, parking structure, power generation
facility or similar facilities.
An establishment consisting of, including, or having the
characteristics of any or all of the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT CABARETAn establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
EXOTIC DANCE FACILITYAny building, structure or facility which contains, or is used for commercial entertainment, where the patron directly or indirectly is charged a fee to observe specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breasts of all female persons are opaquely covered. "Specified anatomical areas" shall include:
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals, including, but not limited to:
forages and sod crops; grains and seed crops; dairy animals and dairy
products; poultry and poultry products; livestock, including beef
cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations
or hybrids thereof, including the breeding and grazing of any or all
of such animals; bees and apiary products; trees and forest products;
fruits of all kinds; vegetables; nursery, floral, ornamental and greenhouse
products; or lands devoted to a soil conservation or forestry management
program; but excluding feed lots, stockyards and animal slaughterhouses.
A way which affords only a secondary means of access to property
abutting thereon.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes., including, but not
limited to, television, AM/FM radio, microwave, cellular telephone
and similar forms of communications. The term shall exclude satellite
earth station antennas less than six (6) feet in diameter and any
receive-only home television antennas.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
See "dwelling, multiple."
An individual, corporation, firm, partnership, joint venture,
association, organization or entity of any kind, and any shareholder,
owner, officer, partner, joint venturer or member of such entity,
or any other person holding an ownership interest in such entity.
The sale of new or the sale of new and used vehicles, motor
homes, recreational vehicles, horse trailers and motorcycles.
A story having part but not more than one-half (1/2) of its
height above grade and used for storage, garages for use of occupants
of the building, janitor or watchman quarters or other utilities common
for the rest of the building. A basement used for the above purpose
shall not be counted as a story.
Single-family owner-occupied homes that provide temporary
lodging for a fee and which are rented for specified periods of time,
but in any event not exceeding rental periods beyond one hundred twenty
(120) days.
[Ord. No. 17-11666 § 1, 4-17-2017]
A building, other than a hotel, where, for compensation,
and by arrangement, meals or lodging and meals are provided for three
(3) or more persons.
A visual buffer or barrier between zoning districts consisting
of a unit of land together with the plantings or structures required
thereon.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or to the deckline of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A structure for the protection and security of communications
equipment associated with one (1) or more antennas where direct access
to equipment is provided from the exterior and the horizontal dimensions
of which do not exceed four (4) feet by six (6) feet.
A story having more than one-half (1/2) of its height below
grade. A cellar is not included in computing the number of stories
for the purpose of height measurements.
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
Any liquids having a flash point at or above one hundred
degrees Fahrenheit (100° F.) [thirty eight degrees Celsius (38°
C.)] shall be known as "Class II or III" liquids. Combustible liquids
shall be divided into the following classifications:
CLASS IILiquids having flash points at or above one hundred degrees Fahrenheit (100° F.) [thirty eight degrees Celsius (38° C.)] and below one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Celsius (60° C.)].
CLASS IIIALiquids having flash points at or above one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Celsius (60° C.)] and below two hundred degrees Fahrenheit (200° F.) [ninety three degrees Celsius (93° C.).]
CLASS IIIBLiquids having flash points at or above two hundred degrees Fahrenheit (200° F.) [ninety three degrees Celsius (93° C.)].
A small retail store or neighborhood market, often in or
adjacent to a residential area, that carries a limited selection of
grocery-type items, snack foods, candy, toiletries and other drugstore
items, soft drinks, tobacco products, and newspapers/magazines, and
often beer, wine and liquor, and which is open long hours for the
convenience of shoppers.
A combination of a convenience store and gasoline station
which typically ranges in size from two thousand (2,000) to nearly
five thousand (5,000) square feet in newer iterations and, in addition
to dispensing motor fuels at multiple pump islands, oil, other minor
automotive items, and typical convenience store goods, may also offer
prepared food services and other items characteristic of a fast-food
franchise. These are typically located at busy intersections.
Any person who is "handicapped" within the meaning of 42
U.S.C. § 3602(h) or a "qualified individual with a disability"
within the meaning of 42 U.S.C. § 12131(2).
Any freestanding, man-made structure designed for the support
of communications antennas, the presence of which is camouflaged or
concealed as an architectural or natural feature. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, pylon signs, water towers, light standards, flagpoles and
artificial trees.
A section 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.
An establishment that provides any sale or service to a customer
while they remain in a vehicle, including, but not limited to, drive-in
or drive-thru restaurants, banks, retail stores, package liquor stores
or cleaners.
Any building or portion thereof which is designated for or
used exclusively for residential purposes.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied exclusively by a single
family.
A building designed for or occupied exclusively by two (2)
families.
A dwelling in which fifty percent (50%) of the outer area
of at least seventy-five percent (75%) of the vertical sides of the
structure is covered or protected by, or in contact with, earth, soil
or rock.
Establishments such as, but not limited to, archery, billiard
parlor, bowling alley, dancing, racquetball, roller-skating rink,
tennis facility, theater, video games, and weight lifting.
Any building, structure or facility which contains or is
used for commercial entertainment, where the patron directly or indirectly
is charged a fee to observe specified anatomical areas, provided that
the genitals and pubic area of all persons and the areola and nipple
of the breasts of all female persons are opaquely covered. "Specified
anatomical areas" shall include:
The Federal Aviation Administration.
An individual or married couple and
the children thereof, with not more than two (2) other persons related
directly to the individual or married couple by blood or marriage;
or a group of not more than three (3) unrelated (excluding servants)
persons living together as a single non-profit housekeeping unit in
a dwelling unit, or
A home in which eight (8) or fewer
unrelated mentally or physically handicapped persons reside, and 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, and shall include
any private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one (1) or
more but less than seven (7) children who are unrelated to either
foster parent by blood, marriage or adoption.
An area of land not less than ten (10) acres in one (1) ownership
which is devoted to commercial agricultural production. The term "one
ownership" shall include an individual, corporation, business trust,
estate, trust, partnership, or association, or two (2) or more persons
having a joint or common interest in land.
The Federal Communications Commission.
A confined land area for fattening cattle or other animals
or temporarily holding such animals for shipping.
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils,
or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories, but not including
major repair work such as motor replacement, body and fender repair
or spray painting.
Any liquids having a flash point below one hundred degrees
Fahrenheit (100° F.) [thirty-eight degrees Celsius (38° C.)],
and having a vapor pressure not exceeding forty (40) psia (276 kPa)
at one hundred degrees Fahrenheit (100° F.) [thirty-eight degrees
Celsius (38° C.)]. Flammable liquids shall be known as "Class
I liquids" and shall be divided into the following classifications:
CLASS IALiquids having a flash point below seventy-three degrees Fahrenheit (73° F.) [twenty-three degrees Celsius (23° C.)] and having a boiling point below one hundred degrees Fahrenheit (100° F.) [thirty-eight degrees Celsius (38° C.)].
CLASS IBLiquids having a flash point below seventy-three degrees Fahrenheit (73° F.) [twenty-three degrees Celsius (23° C.)] and having a boiling point at or above one hundred degrees Fahrenheit (100° F.) [thirty-eight degrees Celsius (38° C.)].
CLASS ICLiquids having a flash point at or above seventy-three degrees Fahrenheit (73° F.) [twenty-three degrees Celsius (23° C.)] and below one hundred degrees Fahrenheit (100° F.) [thirty-eight degrees Celsius (38° C.)].
The minimum temperature in degrees Fahrenheit at which a
flammable liquid will give off sufficient vapors to form an ignitable
mixture with air near the surface or in the container, but will not
sustain combustion. The flash point of liquid shall be determined
by appropriate test procedure and apparatus as specified in the ASTM
Manual on Flash Point Standards and Their Use, Methods and Regulations,
Methods D56 and D93, ASTM D56 and D93.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating), measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two (2) tons' capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, or storing motor-driven vehicles.
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and within which motor fuels
and oils may be sold, but motor-driven vehicles are not equipped,
repaired, hired or sold.
For buildings having walls adjoining
one (1) street only, the elevation of the sidewalk at the center of
the wall adjoining the street.
For buildings having walls adjoining
more than one (1) street, the average of the elevation of the sidewalks
at the centers of all walls adjoining the streets.
For buildings having no wall adjoining
the street, the average level of the finished surface of the ground
adjacent to the exterior walls of the building.
Any wall approximately parallel to
and not more than five (5) feet from a street line is to be considered
as adjoining the street. Where no sidewalk exists, the grade shall
be established by the City Engineer.
A single-family dwelling or single-family residence occupied
by no more than eight (8) unrelated mentally or physically handicapped
persons, as defined herein, including not more than 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, and who also reside on the premises.
The exterior appearance of any group home and property shall be in
reasonable conformance with scale, massing, appearance, site design,
architecture, other characteristics and general neighborhood standards
of the area within which the group home is located, as determined
by the reasonable professional administrative judgment of the Zoning
Administrator.
The vertical distance measured from the base of the structure
at ground level to its highest point, and including the main structure
and all attachments thereto.
An accessory use conducted in a single-family
dwelling:
Which is clearly incidental and secondary
to the use of the dwelling and does not change the character of the
dwelling; and
Of which there is no indication from
the exterior that the dwelling is being utilized in whole or in part
for any purpose other than a dwelling; and further that:
The home occupation is conducted
wholly within the dwelling;
There is no outside storage or display
of materials in connection with the home occupation;
The principal person or persons providing
the business or service reside in the dwelling on the premises;
The home occupation employs no more
than one person who does not reside on the premises;
No signs other than a one-square-foot
nameplate normally permitted for a residence;
No commodity is sold on the premises
other than that prepared on the premises;
The sale of commodities on the premises
will not create more than six (6) trips a day to and from the dwelling
by all customers of the home occupation;
The delivery of any materials for
the home occupation will not exceed two (2) trips per day by any vehicle
not owned by a member of the household;
All vehicles used in connection with
the home occupation are of a size, and located on the premises in
such a manner, so as to not disrupt the quiet nature and visual quality
of the neighborhood, and there are no more than two vehicles per home
occupation;
There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to Article VI of this Chapter;
No additional parking areas other
than driveways shall be located in the required front setback and
yard area; and
The mechanical equipment used for
the home occupation is of a size and type that is similar to domestic
mechanical equipment or is customarily found in a business office.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation, and in which ingress and
egress to and from all rooms are made through an inside office or
lobby supervised by a person in charge at all hours. As such, it is
open to the public, in contradistinction to a boardinghouse, a lodging
house or an apartment, which are herein separately defined.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of twelve (12) feet by thirty-five (35) feet and a vertical
clearance of at least fourteen (14) feet.
A building other than a hotel where lodging only is provided
for three (3) or more but not more than twenty (20) persons.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, the open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street or
upon an officially approved place.
That portion of the lot that is covered by buildings, exclusive
of patios, decks, pergolas or similar structures without a roof.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the Recorder of Deeds of the county,
or a parcel of land, the deed of which was recorded in the office
of the Recorder of Deeds prior to July 5, 1960.
A lot abutting upon two (2) or more streets at their intersection.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear, and designed to be used as dwelling
unit or units with or without a permanent foundation. The phrase "without
a permanent foundation" is the case that the support system is constructed
with the intent that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers.
The use of land or a building, or portion thereof, which
use does not conform with the use regulations of the district in which
it is situated.
A home for the aged, chronically ill or incurable persons
in which three (3) or more persons not of the immediate family are
received, kept and provided with food, or shelter and care, for compensation,
but not including hospitals, clinics or similar institutions devoted
primarily to the diagnosis, treatment or care of the sick or injured.
An open, unoccupied space used or required for use for parking
of vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
An open, surfaced area used exclusively for the temporary
storage of motor vehicles and within which motor fuels and oils may
be sold and fees charged, but no vehicles may be equipped, repaired,
rented or sold.
A surfaced area, enclosed in the main building or in an accessory
building, or unenclosed, having an area of not less than one hundred
sixty-two (162) square feet, exclusive of driveways, permanently reserved
for the temporary storage of one (1) automobile and connected with
a street or alley by a surfaced driveway which affords satisfactory
ingress and egress for automobiles.
An open, unoccupied space or a public or private street other
than a street or alley permanently reserved as the principal means
of access to abutting property.
The entity established in accordance with the provisions of Article XI of this Chapter and the provisions of Chapter 89, RSMo., to carry out certain planning and zoning functions for the City, including preparing the Comprehensive Plan for the City, reviewing matters related to the overall planning and development of the City, making and adopting a revised or new Comprehensive Zoning Plan, and providing advice and reports to the City Council related to such matters.
A firm, partnership, joint venture,
association, organization or entity of any kind in which the applicant
holds any stock, title, or other ownership interest of at least twenty
percent (20%); or
An individual, firm, partnership,
joint venture, association, organization or entity of any kind, whose
affairs the applicant has the legal or practical ability to direct,
either directly or indirectly, whether by contractual agreement, majority
ownership interest, any lessor ownership interest, familial relationship
or in any other manner.
Any statute or regulation of the
United States or the State of Missouri;
Any lawful ordinance, regulation,
condition, term or order of the City; or
Any final judgment or order of any
court of competent jurisdiction, when the statute, ordinance, regulation,
condition, term, judgment or order regulates conduct or conditions
germane to the issuance of the requested permit, license, franchise
or approval as provided by the applicable ordinance or Code Section
of the City.
An establishment for the sale and reduction of finishing
lumber products and building materials with enclosed storage only,
and not to include millwork or fabrication.
See "lodging house."
Any school other than a public school, including schools
owned and operated by a business establishment, a foundation or an
institution, as well as private or parochial elementary, junior or
senior high schools, or private and parochial colleges and universities.
Any school operated by a public school district or by a City,
County, State or Federal government agency.
A development of land as a unified, self-contained, residential
community constructed expressly for use and residency by persons who
have achieved a minimum age of fifty-five (55) years or older.
A building for the protection and security of communications
equipment associated with one (1) or more antennas and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected antennas is prohibited.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there is no floor above it, then the space between
the floor and the ceiling next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than three (3) feet above the floor of such story; except that any
partial story used for residence purposes other than for a janitor
or caretaker or his/her family or by a family occupying the floor
immediately below it shall be deemed a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
substantial change in the roof or in the exterior walls, except such
repair or replacement as may be required for the safety of the building,
but not including openings in bearing walls as permitted by existing
ordinances.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground, including, but without
limiting the generality of the foregoing, backstops for tennis courts
and pergolas. A sign shall not be considered a structure for the purpose
of a yard setback requirement.
A structure detached from a principal building, located on
the same lot and customarily incidental and subordinate to the principal
building or use. Accessory buildings may be, but are not limited to,
the following examples: detached garages or sheds, open and uncovered
swimming pools, home barbecue grills or pergolas.
AGENCYAn entity responsible for the delivery of substance abuse treatment and rehabilitation services.
SUBSTANCE ABUSEAlcohol abuse, drug abuse, alcohol dependency or drug dependency.
TREATMENTAny effort to accomplish a change in the cognitive or emotional conditions or the behavior of any person consistent with generally recognized principles or standards in the substance abuse treatment field.
Short-term emergency shelter for victims of domestic violence,
sexual assault, or child abuse and/or temporary residential shelter
for homeless individuals or families, runaway youth, and patients
and families caught in medical crises. These establishments may operate
their own shelters or may subsidize housing using existing homes,
apartments, hotels, or motels.
[Ord. No. 19-12036, 5-20-2019]
A building other than a hotel where lodging is provided and
offered to the public for compensation for not more than twenty (20)
individuals and open to transient guests, with which there is used
only one (1) sign not more than two (2) square feet in area.
An area where one (1) or more tents or auto trailers can
be or are intended to be parked, designed or intended to be used as
temporary living facilities of one (1) or more families, and intended
primarily for automobile transients.
A structure designed for the support of one (1) or more antennas
and including guyed towers, self-supporting (lattice) towers or monopoles,
but not disguised support structures or buildings. The terms shall
also not include any support structure under fifty (50) feet in height
owned and operated by an amateur radio operator licensed by the Federal
Communications Commission.
A vehicle, other than a motor vehicle, equipped to carry
materials and designed to be hauled or transported along the highway,
including boat trailers, materials trailers, farm wagons, office trailers
and construction trailers.
The annual sale of more than four (4) used vehicles not in
conjunction with an automotive sales establishment.
A private furnished residence (either single-family or condominium,
but not a multi-family apartment unit) rented for lodging purposes,
not owner-occupied at the time of rental, and rented for periods not
exceeding thirty (30) days.
[Ord. No. 23-13814, 8-7-2023]
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 herein in accord with Article III, District Regulations, or Article IV, Supplemental Regulations, Section 400.180. 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 minimum horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies or uncovered porch.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, uncovered balconies or uncovered porches. On all
lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main buildings or any projections thereto.
[1]
Editor's Note: The definition of "tourist
home," which immediately followed, was repealed 4-17-2017 by Ord.
No. 17-11666.
[R.O. 1992 § 400.050; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Abbreviations that may be used in
this Chapter include, but are not necessarily limited to, the following:
Acre(s).
Average.
Dwelling unit.
Federal Aviation Administration.
Federal Emergency Management Agency.
Feet.
Maximum.
Minimum.
Missouri Department of Transportation.
Square feet.
