City of Parkville, MO Chapter 402 Definitions

[HISTORY: Adopted by the Board of Aldermen of the City of Parkville 2-7-2017 by Ord. No. 2884. Amendments noted where applicable.]

Section 402.010 Definitions; Descriptions of Uses.

A. Defined Terms. All terms used in these regulations shall have their commonly accepted meanings based upon the context of their use within this code. The following terms shall have the meanings given below, unless more specifically described, limited or qualified within the standards of this Code.

ACCESSORY BUILDING

A subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Title) located on the same lot as the main building or principal use of the land.

ACCESSORY DWELLING

A permitted independent dwelling unit established in conjunction with, clearly subordinate to and located within or attached to a detached house on the same lot and not otherwise subdivided or segregated in ownership from the principal dwelling.

ACCESSORY USE

One which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Title) on the same lot as the principal use of the premises.

ADULT USES, GENERALLY

All terms in Section 410.030, Adult Uses, shall have the meanings given in Title VI, Chapter 650, Section 650.005.

ALLEY

A public way which affords means of access to property as an alternative to access from the street or through the lot frontage.

ALTERNATIVE COMMUNICATION TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

[Ord. No. 3067, 4-6-2021]

ANIMATED SIGNS

Signs that include animation or effects simulating animation, including those that employ flashing or blinking; intermittent or changing illumination creating a fading, dissolving, traveling, scrolling, dropping, pixilation or other similar transitional effect; video; sound emission; flapping, blowing, spinning, rotation or other movement; pyrotechnics; visible moving parts; or any device or illumination or other effect creating the illusion of motion.

ANTENNA

Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

[Ord. No. 3067, 4-6-2021]

APARTMENT

A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a household.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year, or an area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.

AWNING

Shall include any structure made of cloth or metal with a metal frame attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.

BASE FLOOD or ONE-HUNDRED-YEAR FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than one-half (1/2) of its height below grade; except for the purpose of floodplain regulations it shall include any area of the structure having its floor subgrade (below ground level) on all sides.

BILLBOARD

A pylon or freestanding sign of two hundred (200) square feet or more in area.

BUILDING

Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.

BUILDING LINE

A line on a plat between which line and a street no building or structure may be erected.

BUILDING, MAIN OR PRINCIPAL

Any building which is not an accessory building.

CAMPUS

A contiguous area of land typically greater than ten (10) acres making up the grounds of a public or private institution containing the main buildings or within the main enclosure in a coordinated and comprehensive design; provided, however, that for the purpose of this definition, the contiguity of any land area involved shall not be deemed to be destroyed by the presence of any public rights-of-way.

CANOPY

Shall include any structure, other than an awning, made of cloth or metal with metal frames attached to a building, projecting over a thoroughfare.

CUL-DE-SAC

A minor street with only one (1) outlet and culminated by a turnaround.

DEPARTMENT

Department of Health and Senior Services or its successor agency.

[Ord. No. 3176, 3-7-2023]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

DUMPSTER, TEMPORARY

A large container designed and used for storage of items to be thrown away, refuse, rubbish, trash, garbage, junk and/or debris for a period of time corresponding to a particular task or project. Such container is typically rented or leased to owners or occupants of property for their temporary use and is typically delivered and removed by truck. This term shall not be interpreted to refer to a trash can, trash container or a dumpster that is stored on a more permanent manner on the property and from which trash is collected on a recurring basis.

DWELLING

Any building or portion thereof designed or used for residential purposes.

DWELLING UNIT

A room or group of rooms occupied or intended to be occupied as separate living quarters by an individual or household.

EASEMENT

A grant by the property owner of the use, for a specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons.

ELECTRONIC MESSAGE SIGN

Any electronically activated changeable copy sign. Included are signs that use changing lights to form a message and holographic displays.

ELEVATED BUILDING

For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

EXISTING MANUFACTURED HOME PARK OF SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

]FAST-TRACK SMALL WIRELESS FACILITY or FAST-TRACK

A small wireless, facility that meets the following requirements for an antenna and associated equipment:

[Ord. No. 3067, 4-6-2021]

1. No more than seven (7) cubic feet in volume (comprised of no more than twenty-seven (27) square feet of exterior surface area, excluding the surface width equal to the width of the existing structure or utility pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume shall be the measure of the exterior displacement of the antenna and associated equipment.

2. Located with the consent of the owner on an existing structure or utility pole, or concealed within or on a replacement utility pole if the appearance is not materially altered and the existing structure or utility pole is no more than five (5) feet taller.

3. Not exceeding six (6) feet above the top of an existing structure or utility pole for a total height not exceeding forty-five (45) feet (nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet).

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION

A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards.

FLOOD FRINGE

The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland; and/or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN OR FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. (See "flooding.")

FLOODPROOFING

Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on Federal, State and local floodplain maps.

FLOODWAY or REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

FLOOR AREA

1. Commercial Business And Industrial Buildings Or Buildings Containing Mixed Uses: the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings but not including:

a. Attic space providing headroom of less than seven (7) feet.

b. Basement space not used for retailing;

c. Uncovered steps or fire escapes;

d. Accessory water towers or cooling towers;

e. Accessory off-street parking spaces; and

f. Six (6) accessory off-street loading berths.

2. Residential Buildings: the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

FRONTAGE

1. STREET FRONTAGE All of 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.

2. LOT FRONTAGE The distance for which the front boundary line of the lot and the street line are coincident.

GARAGE

A portion of the principal building or an accessory building designed for storage, parking or other entrance and enclosure of vehicles.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior; or directly by the Secretary of the Interior in states without approved programs.

HOUSEHOLD

An individual or couple and their children and no more than two (2) other persons related directly to the individual or couple by blood or marriage, occupying a single housekeeping unit used on a non-profit basis. A household may include not more than two (2) additional persons, not related to the individual or couple by blood or marriage, provided that such additional person(s) may be provided with sleeping accommodations but not separate kitchen facilities.

LOADING SPACE

A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.

LODGING — SHORT-TERM RENTAL

The rental of a property, a dwelling unit, or portion thereof, conducted on a third-party platform or network that facilitates the listing, marketing, or rental of short-term rentals.

[Ord. No. 3087, 9-7-2021]

LOT

A parcel of land which may include one (1) or more platted lots, occupied or intended for occupancy by a use permitted in this Title, having its principal frontage upon a street or upon an officially approved place.

LOT LINE

The boundary line of a lot.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.

MAJOR THOROUGHFARE

A street designated as a major thoroughfare in the Major Thoroughfare Plan for Parkville, Missouri.

MANUFACTURED HOME

A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MAP

The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

MARIJUANA or MARIHUANA

Cannabis indica, Cannabis saliva, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "marihuana" do not include industrial hemp containing a 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. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]

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. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]

MATERIALS, BUILDING

Materials which are generally essential to the construction of buildings or structures, including lumber, concrete, bricks, roofing materials, siding, plumbing, heating and electrical equipment, windows, doors, insulation, landscaping supplies, and similar materials customarily associated with building construction.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

MINOR STREET

A street not designated as a major thoroughfare in the Major Thoroughfare Plan for Parkville, Missouri.

MURAL

Any painting, fresco, decoration, mosaic or similar art form intended for décor/commemoration applied to a wall, fence or structure.

[Ord. No. 2960, 9-18-2018]

NATIVE PLANTS

Plant species that are indigenous to the Kansas City metropolitan area and require little maintenance as they are naturally adapted to the region's climate.

NATURAL STORMWATER MITIGATION PRACTICES

Stormwater management practices that aim to reduce the amount of stormwater runoff and prevent or control the discharge of pollutants into local bodies of water by utilizing natural materials.

NEW CONSTRUCTION

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

NFIP

The National Flood Insurance Program (NFIP).

PORTABLE STORAGE CONTAINER

Any portable container designed and used for personal property or similar storage. A portable storage container is typically rented or leased to owners or occupants of property for their temporary use and is typically delivered and removed by truck, but shall include any and all portable containers regardless of ownership, delivery or removal method.

PREMISES

A lot, together with all buildings and structures thereon.

RECREATIONAL VEHICLE

A vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projections;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

SIGN

Any sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee or street clock, including any announcement, declaration, display, illustration or insignia used to advertise or promote the interest of any person when the same is placed out-of-doors in view of the general public, including any borders, and trim or structural members, exclusive of upright supports.

SMALL WIRELESS FACILITY

An antenna and associated equipment that meets the following:

[Ord. No. 3067, 4-6-2021]

1. An antenna of no more than six (6) cubic feet in volume; and

2. All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight (28) cubic feet in volume; provided, that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume, and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume.

START OF CONSTRUCTION

Includes substantial improvements, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STORAGE

The placement of goods, materials or personal property for more than two (2) consecutive days or any part of two (2) consecutive days.

STREET

A public thoroughfare which affords the principal means of access to abutting property.

STREET LINE

A dividing line between a lot, tract, or parcel of land and a contiguous street.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE

1. Anything, other than a fence, constructed or erected, which requires location on the ground or attached to something having a location on the ground, including but not limited to advertising signs, billboards, and poster boards.

2. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground [at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground], as well as a manufactured home.

3. For insurance purposes, a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings. (See definition.) The term does not apply to:

1. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or

2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure; or

3. Any improvement to a building.

SUBSTANTIAL IMPROVEMENT

Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the current market value of the building. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures, which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not apply to:

1. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or

2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure"; or

3. Any building that has been damaged from any source or is categorized as repetitive loss.

SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. This term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alterative tower structures, and the like.

[Ord. No. 3067, 4-6-2021]

UTILITARIAN AREAS

Areas utilized for loading and unloading trucks, service areas and areas possessing mechanical equipment or trash receptacles.

UTILITY POLE

A pole or similar structure that is or may be used for wireline communications, lighting, traffic control, signage, or a similar function, which may also support a small wireless facility or fast-track.

[Ord. No. 3067, 4-6-2021]

WATER SURFACE ELEVATION

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified), of floods of various magnitudes and frequencies in the floodplain.

YARD

An open space other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this Title.

YARD, FRONT

A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, if the front door faces the corner. Otherwise, the front yard shall be considered the yard which the front door faces.

YARD, REAR

A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.

YARD, SIDE

A yard between the main building, or any projection thereof, and the side line of the lot.

B. Description Of Uses. This Section contains general descriptions associated with the use of land and buildings organized by categories and types, and enabled by zoning districts in Table 405-2. Where a proposed use is not generally listed or appears to meet the description of more than one (1) use type, the Director shall make an interpretation on the most relatively equivalent described use considering: 1) the similarity of the use in terms of scale, impact and operations to other described uses; 2) the typical building formats and site designs associated with the use from existing examples; and 3) the potential contribution of the use and typical formats to the intent of the zoning district. Any use that may not be interpreted as relatively equivalent to a use described in this Section or the Use Table[1] are not anticipated by these regulations and may only be allowed by a text amendment.

1. Residential. The Residential Category is the principal use of land and buildings for dwelling units. The arrangement and extent of dwelling units depends on the zoning district, lot sizes and building types, arranged in the following types:

3-/4-PLEX

A residential building designed to accommodate up to four (4) primary or accessory dwelling units in a neighborhood or suburban setting. Units are arranged to maintain an outward design and appearance as a detached house.

ACCESSORY DWELLING

A dwelling unit, either in a detached accessory structure, or included within a principal structure, that is located on the same lot as a detached house and is incidental to the principal use of the lot for a principal dwelling. Examples include a garage apartment, basement apartment or second-level/attic apartment.

APARTMENT COMPLEX

A grouping of small-scale apartment buildings in a common development arranged around an internal system of streets/internal access, walkways and common open space.

DETACHED HOUSE

A residential building designed for one (1) primary dwelling unit in a neighborhood, suburban setting. Variants of this type are based primarily on lot size and context.

DUPLEX

A residential building designed to accommodate two (2) primary dwelling units in a neighborhood or suburban setting. Duplex units share a single common wall or floor/ceiling, with an outward design and appearance as a detached house. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line subject to platting restrictions.

MIXED USE (APARTMENT OVER COMMERCIAL/SERVICE)

A residential use in a building designed primarily for street level retail, service or employment uses, and where dwelling units are accommodated on upper stories, or otherwise separated from the principal commercial function of the building.

ROW HOUSE [three (3) to eight (8) units; two- to three-story]

A multi-unit residential building designed for three (3) to eight (8) dwelling units within an urban and sometimes suburban context. Row houses abut one another sharing an adjoined party wall. These units are conjoined, however, each unit has its own private entry. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall subject to platting restrictions.

WALK-UP APARTMENT [three (3) to twelve (12) units; two- to three-story]

A small scale, multi-unit residential building designed on a small or moderate-sized lot in a compact walkable neighborhood or mixed-use setting. The building is accessed by a common lobby entrance at building frontage, and arranged to integrate into the block structure of a neighborhood.

2. Civic/Institutional. The Civic/Institutional Category is the use of land and buildings to serve public or community interest by enhancing the daily cultural, social, or recreation need for residents and neighborhoods, whether by way of open and public citizenship, by property ownership or residency, or by membership affiliation. It includes the following types:

ASSEMBLY — EVENT VENUE

Places of public assembly designed and located to serve community or civic needs of the City or region and typically designed for one thousand (1,000) or more. Examples include an auditorium, large event hall or major worship hall.

ASSEMBLY — LARGE

Places of public assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for five hundred one (501) to one thousand (1,000) people. Examples include a community center, event hall or large religious facility.

ASSEMBLY — LIMITED

Places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than 250 people at maximum occupancy. Examples include neighborhood association clubhouses, meeting hall, or small religious facility.

ASSEMBLY — SMALL

Places of public assembly designed and located to serve community or civic needs of neighborhood in the vicinity with regular or periodic organized services or events, and typically designed for two hundred fifty (250) to five hundred (500) people. Examples include a small event hall or moderate religious facility.

COMMUNITY AND PUBLIC SERVICE

A civic use offering education, arts and cultural materials or attractions for the general public, including exhibits and events; or offering administrative, social, tourism, or charitable services to the general public. Examples include museums, libraries, public safety, post office or recreation centers.

EDUCATION — CAMPUS

A large public or private institution for primary or secondary education and typically serving more than six hundred (600) students on more than ten (10) acres and targeted to the broad vicinity, including neighborhoods beyond one (1) mile.

EDUCATION — EXTENSION

A public or private institution for a wide variety of academic, vocational, or professional training and education services, but which provides services in a more mixed-use or commercial setting utilizing sites and buildings within that context.

EDUCATION — NEIGHBORHOOD SCHOOL

A small public or private institution for primary or secondary education and typically serving up to six hundred (600) students on less than ten (10) acres, primarily targeted to neighborhoods within one (1) mile. Special purpose schools that have a larger target area but are designed and scaled to perform similarly to a neighborhood school may be included in this type.

OPEN/CIVIC SPACE

Areas preserved as primarily open land, except for accessory structures, and designed to serve a specific urban design function for natural, ecological, aesthetic, recreational or formal gathering purposes. (See Section 404.020 for more specific types.)

3. Retail. The Retail Category is the use of land and buildings for the sale of goods and/or food and beverages directly to the consumer, where these goods are available for immediate purchase or order, and where goods can be immediately removed from the premises, or immediately consumed on the premises by the purchaser, and where frequent interaction of patrons or consumers occurs on premises. The types of uses in this category are dependent on the size of gross leasable area per tenancy, where the smaller formats (micro, neighborhood or small) are typically dependent on a target market of consumers within the neighborhood or one-mile area, and where the larger formats (general, large and warehouse) are typically dependent on a target market beyond the one-mile area.

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient or primary caregiver, as those terms are defined in Section 260.010 of the City Code, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of Chapter 260 of the City Code, and as otherwise allowed by law. Comprehensive marijuana dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

[Ord. No. 3176, 3-7-2023]

CONSUMER

A person who is at least twenty-one (21) years of age.

[Ord. No. 3176, 3-7-2023]

GAS STATION — GENERAL [five (5) to sixteen (16) pumps]

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than sixteen (16) fueling stations and no more than four (4) garage service bays. Examples include a small convenience center or large gas station.

GAS STATION — LIMITED [one (1) to four (4) pumps]

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than four (4) fueling stations and no more than two (2) garage service bays. Examples include a small, neighborhood gas and service station.

GAS STATION — LARGE [sixteen (16) or more pumps]

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use may include more than sixteen (16) fueling stations. Examples include large convenience stores, gas stations or truck stops and travel centers.

GROCERY — CONVENIENCE/MARKET

A retail use selling food and produce or specialty food products for household consumption in a small-scale format under five thousand (5,000) square feet. Examples include a corner market, butcher shop, produce stand or similar food store.

GROCERY — STORE [five thousand (5,000) square feet to forty thousand (40,000) square feet]

A retail use selling food, produce and other household products for household consumption in a small-scale format at least six thousand (6,000) but less than forty thousand (40,000) square feet. Examples include a small grocery store that may serve as the anchor to a small-scale walkable center.

GROCERY — SUPERMARKET [forty thousand (40,000) square feet or more]

A retail use selling food, produce and household products for household consumption in a large-scale format, at least forty thousand (40,000) square feet. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store.

MARIJUANA DISPENSARY

A medical marijuana dispensary facility, a comprehensive marijuana dispensary facility, or a micro-business as those terms are defined herein or in Art. XIV of the Missouri Constitution.

[Ord. No. 3176, 3-7-2023]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the Department, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, as those terms are defined in Section 260.010 of the City Code, or another medical marijuana dispensary facility.

[Ord. No. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]

OUTDOOR SALES — GENERAL

A retail use selling merchandise that can only be displayed or permanently stored outside, and where these sales are a primary and routine source of business. Examples include a nursery, lumberyard, machine or equipment sales or rentals, or vehicle sales or rentals.

OUTDOOR SALES — LIMITED

The limited accessory display of merchandise on a sidewalk or an exterior private area of a site associated with the otherwise permitted non-residential use. The display is further limited by the following: 1) it only occurs during business hours; 2) all components of the sale are removed from the site and brought indoors during non-business hours; and 3) is limited to sales or events lasting no more than one (1) week with at least four (4) weeks between consecutive events. Examples include a sidewalk sale or farm truck/produce stand.

RESTAURANT — BAR/TAVERN

A food and beverage retail use where the primary portion of the business and premises is for consumption of alcohol and entertainment.

RESTAURANT — DRIVE-IN/DRIVE-THROUGH

A food and beverage retail use where a portion of a facility relates to dispensing products or services to patrons who remain in vehicles; may include a window, driving lane, outside menu boards, and other interior or exterior features and equipment dedicated for this purpose.

RESTAURANT — GENERAL

A food and beverage retail use that typically includes seating for one hundred (100) or more patrons and may include accessory off-premises consumption through carry-out or drive-through services, and may also include limited areas dedicated to consumption of alcoholic beverages and/or accessory indoor entertainment.

RESTAURANT — LIMITED

A small-scale food and beverage retail use that typically includes seating for under one hundred (100) patrons and may include accessory off-premises consumption through carry-out services.

RESTAURANT — MICRO-BREWERY/WINERY

A food and beverage retail use where beer, wine, alcohol or similar beverage is brewed and fermented on the premises, includes tasting or consumption on the premises, and is packaged for retail sales and distribution for consumption off of the premises. Production is limited to ten thousand (10,000) barrels per year for beer, fifteen thousand (15,000) gallons per year for alcohol, and two thousand (2,000) barrels per year for wine.

RESTAURANT — MICRO/MOBILE

A food and beverage retail use that utilizes any motorized or non-motorized vehicle, trailer, or other device designed to be small-scale and portable and not permanently attached to the ground for preparing and selling food and beverages for on- or off-premises consumption.

RETAIL — GENERAL

A retail use at least eight thousand (8,000) but less than fifty thousand (50,000) square feet.

RETAIL — LARGE

A large-scale retail use at least fifty thousand (50,000) but less than one hundred thousand (100,000) square feet.

RETAIL — LIMITED

A small-scale retail use less than two thousand five hundred (2,500) square feet.

RETAIL — OUTDOOR SALES, GENERAL

A retail use where the primary business is associated with merchandise that can only be displayed permanently and year round out-of-doors. Examples include a nursery, a lumberyard, or a vehicle or equipment sales.

RETAIL — OUTDOOR SALES, LIMITED

The accessory display and sale of merchandise on an exterior private area of a site associated with an otherwise permitted non-residential use, where merchandise may be kept outdoors or where a portion of the site or area is designed and dedicated to facilities to support the display and sale. Examples include a garden center, nursery, or holiday event sale associated with general retail uses.

RETAIL — SMALL

A small-scale retail use at least three thousand five hundred (3,500) but less than eight thousand (8,000) square feet.

RETAIL — WAREHOUSE

A large scale retail use at least one hundred thousand (100,000) square feet.

4. Office/Service. The Office/Service Category is the use of land and buildings for businesses engaged in the exchange of professional and individual services. It includes the following types:

ANIMAL CARE OR CLINIC — GENERAL

A service use for the medical care of small domestic animals where outdoor pens or kennels are only used for exercise and recreational purposes, and no animals are kept outside. Examples include large veterinary offices, large grooming facilities, animal hospitals, commercial kennels.

ANIMAL CARE OR CLINIC — LIMITED

A service use for the medical care of small domestic animals where treatment rooms, cages or pens are completely enclosed and soundproof, and where any boarding of animals is accessory to the principal use, and where the gross leasable area is under two thousand five hundred (2,500) square feet. Examples include a small veterinary office, small pet day care or grooming facility.

LODGING — BED-AND-BREAKFAST [up to five (5) rooms]

A lodging use in a residential building type that has up to five (5) guest rooms and a resident manager for accessory meals, operations and cleaning services.

LODGING — HOTEL/MOTEL

A lodging use in a large commercial building or complex designed for more than 20 guest rooms, as well as associated restaurant, event and conference services.

LODGING — INN [up to twenty (20) rooms]

A lodging use in a small commercial building that accommodates up to 20 rooms which may include limited accessory services such as a small restaurant or lounge.

OFFICE

An employment use focusing on the administrative and management aspects of business or professional services, typically does not have a high rate of exchange with the general public, consumers, or patrons, but may involve regular interaction with clients or other business activities. This use type is broken into the following sub-classes based on scale and intensity.

[Ord. No. 3150, 12-6-2022]

a. OFFICE HOME OCCUPATION — An office use entirely within an owner-occupied residential dwelling and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve on premises interaction with customers.

b. OFFICE LIMITED — An office use where the total gross leasable area is less than ten thousand (10,000) square feet.

c. OFFICE GENERAL — An office use where the total gross leasable area is at least ten thousand (10,000) square feet, and may include more than one (1) building.

RECREATION — INDOOR

A service use providing daily or regularly scheduled activities for entertainment, instruction or exercise inside a building and open to the general public or through membership. This use type is broken into the following sub-classes based on scale and intensity:

a. RECREATION INDOOR, LIMITED [less than ten thousand (10,000) square feet] — Indoor recreation that involves a building less than ten thousand (10,000) square feet. Examples include a small bowling alley, fitness club, billiard hall, martial arts centers, yoga studio, or dance studio.

b. RECREATION INDOOR, GENERAL [ten thousand (10,000) square feet or more] — Indoor recreation that involves a building ten thousand (10,000) square feet or more. Examples include a large bowling alley, sports and recreation center, theater complex, large health club, or shooting range.

RECREATION — OUTDOOR

A service use providing daily or regularly scheduled activities for entertainment, recreation or exercise outside and open to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory indoor services. This type is broken into major and minor based on the scale and intensity of the use.

a. RECREATION OUTDOOR, LIMITED — Examples include driving range, miniature golf, golf course, swimming pool, tennis, batting cage, small band shell or amphitheater.

b. RECREATION OUTDOOR, GENERAL — Examples include theme park, water park, fairground, zoo, drive-in theater, shooting range, skeet and trap range, racetrack

RESIDENTIAL CARE — GENERAL

A facility providing long-term care, health services and residency that admits residents on medical referral, and where medical, behavioral and rehabilitative care is necessary beyond normal business hours. Examples include nursing homes, hospice home, or other similar care facilities.

RESIDENTIAL CARE — INSTITUTIONAL

A facility offering short- or long-term care for individuals residing on the site that need a high degree of services or monitoring, and where full-time staff are present on the premises at all times, and where the building(s) and site design emphasize the institutional function, secondary to the residential accommodations. Examples include treatment centers, homeless shelters, or other facilities with a high intensity of care or supervision.

RESIDENTIAL CARE — LIMITED

A facility providing residential living, social programs and limited health care services for residents, where the social and health care services are accessory to the building(s) and site design emphasizing household living, where the social programs and health care services are limited accessory elements in terms of the function and extent, and where dedicated staff are present primarily during normal business hours. Examples include group homes or co-housing, retirement village, independent living or assisted living apartment communities.

SERVICE

A service use providing professional or individual services and where frequent interaction with the general public, consumers or patrons occurs on the premises. This use type is broken into the following sub-classes based on scale and intensity:

a. SERVICE LIMITED — A personal service use where the gross leasable area is under two thousand five hundred (2,500) square feet. Examples include a neighborhood barbershop or hair salon, a small professional office (lawyer, accountant, or travel agent), small bank, small child-care center, dry cleaners or tailor.

b. SERVICE GENERAL — A service use where the gross leasable area is at least two thousand five hundred (2,500) square feet. Examples include a large spa or beauty complex, child-care center, large bank, equipment repair shop, tattoo shop, a copy center, large post office or mail center, or laundry mat.

VEHICLE SERVICE/REPAIR — GENERAL

A service use engaged in equipment and motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, that involves four (4) or more vehicle service bays, where all work and storage of equipment and supplies occurs indoors, but where on-site or overnight storage of vehicles may involve nine (9) or more cars on the lot. Examples include large mechanic shop, lubricant center, tire store, auto glass installation or audio or alarm installation or an auto body shop where the likelihood of overnight storage, outdoor storage and overnight or multi-day drop off is more likely.

VEHICLE SERVICE/REPAIR — HEAVY

A service use engaged in the maintenance and repair of motor vehicles, commercial vehicles or heavy equipment, and accessory retail sale of supplies and accessories, that is likely to involve larger outdoor storage areas for vehicles and supplies, and where larger multi-bay garages or warehouses are needed to conduct services.

VEHICLE SERVICE/REPAIR — LIMITED

A service use engaged in motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, but limited to small-scale operations that involve no more than three (3) vehicle service bays, and where all work and storage of equipment and supplies occurs indoors, and where on-site or overnight storage of vehicles is limited to no more than eight (8) cars on the lot. Examples include a small neighborhood mechanic shop, lubricant center, tire store, auto glass installation or audio or alarm installation.

5. Industrial. The Industrial Category is the use of land and buildings engaged in the production, processing, storage or distribution of goods with potential impacts beyond the site due to the types of activities, the physical needs of the site or facility, the types of materials used, or the delivery and access operations, and which in typical formats and operations may not be compatible with other business uses. It includes the following types:

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a marijuana dispensary, a marijuana testing facility, or a comprehensive marijuana-infused products manufacturing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 3176, 3-7-2023]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Department to acquire, process, package, store, manufacture, transport to or from a marijuana dispensary or a marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary, a marijuana testing facility, or another comprehensive marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

[Ord. No. 3176, 3-7-2023]

MANUFACTURING — ARTISAN

A small-scale industrial use where activities produce little or no by-products, such as smoke, odor, dust or noise, discernible from outside of the building, where deliveries and distribution are made by general consumer delivery services requiring no special large truck access, and where products are made available for purchase or viewing to the general public. Uses typically occupy buildings or spaces under five thousand (5,000) square feet of gross leasable area. Examples include artists' studios, small wood or metal shops, craft manufacturing, small bakery, or other similar small-scale assembly of finished products.

MANUFACTURING — GENERAL

An industrial use where by-products, such as noise, dust, smoke or odor, are produced, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, food production and manufacturing plants, metal fabrication plants, chemical laboratories or other similar high-intensity manufacturing or distribution operations.

MANUFACTURING — HEAVY

An industrial use capable of producing significant by-products, such as noise, dust, smoke or odor, beyond the building or site, or where hazardous materials may be stored, used or produced as a typical part of the business, and distribution involves heavy truck, freight and machinery access. Examples include chemical, wood or metal storage and production, pressing and dying plants, asphalt or cement production, animal processing or other heavy or hazardous manufacturing operations.

MANUFACTURING — LIGHT

An industrial use where little or no by-products, such as smoke, odor, dust or noise, are discernible from outside of the building, and where distribution and delivery needs occur through light to moderate commercial truck access. Examples include research labs or facilities, small equipment or commodity assembly, warehousing or wholesaling of consumer products, commercial bakery, non-retail laundry services, or similar businesses that provide products for support of other businesses.[2]

MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

[Ord. No. 3176, 3-7-2023]

MARIJUANA TRANSPORTATION FACILITY

A facility certified by the State to transport marijuana to a qualifying patient or a primary caregiver, as those terms are defined in Section 260.010 of the City Code, or to a medical marijuana cultivation facility, a comprehensive marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a comprehensive marijuana-infused products manufacturing facility, a marijuana dispensary, a marijuana testing facility, or another marijuana transportation facility.

[Ord. No. 3176, 3-7-2023]

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the Department, to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, marijuana testing facility, or to a medical marijuana-infused products manufacturing facility and shall also mean a comprehensive marijuana cultivation facility, as that term is defined in Article XIV of the Missouri Constitution.

[Ord. No. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the Department, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, or another medical marijuana-infused products manufacturing facility.

[Ord. No. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]

STORAGE AND WAREHOUSING — INDOOR, GENERAL

Storage of commercial products inside a large building where regular shipments and distribution will occur by commercial vehicles. Examples include large warehouses, or distribution and processing centers, and mini-warehouses where all storage areas including those leased or rented to individual customers are accessed from outside the storage buildings.

STORAGE AND WAREHOUSING — INDOOR, LIMITED

Storage of consumer products or small-scale commercial products inside a small commercial building where only ordinary traffic and little or no truck traffic occurs. Examples include mini-warehouses where all storage areas including those leased or rented to individual customers are accessed from inside the principal building.

STORAGE AND WAREHOUSING — OUTDOOR

Storage of consumer commercial products or large-scale machinery on an outdoor lot. Examples include contractor's yard, mini-storage warehouses, boat or RV storage, towing service storage yard, or similar large-scale storage lots and facilities.

STORAGE AND WAREHOUSING — OUTDOOR, JUNKYARD

An outdoor storage use where discarded or inoperable items are stored for sale, salvage or further processing as waste or other by-products.[3]

[2] Editor's Note: The former definition of "medical marijuana testing facility," which immediately followed this definition, was repealed by Ord. No. 3176. Prior history includes Ord. No. 3030.

[3] Editor's Note: The former definition of "transportation facility," which immediately followed this definition, was repealed by Ord. No. 3176. Prior history includes Ord. No. 3030.

[1] Editor's Note: The Use Table is Table 405-2.