[Ord. No. 18-12, 12-11-2018]
A.
When interpreting the intended meaning of terminology used in this
Chapter the following rules shall be observed:
1.
Unless the context clearly indicates otherwise, words and phrases shall have the meanings respectively ascribed to them in Section 402.020. Terms not defined in Section 402.020 shall have the meanings respectively ascribed to them in the City's Zoning Ordinance. If any term is not defined either in Section 402.020 of this document or in the Zoning Ordinance, said term shall have its standard English dictionary meaning.
2.
Words denoting or implying one (1) gender shall be deemed to
include all genders.
3.
Words used in the present tense shall include the future tense.
4.
Singular words shall include the plural of said word and vise
versa, unless the context clearly indicates otherwise.
5.
The word "shall" is mandatory; the word "may" is discretionary.
6.
The term City (when used alone or in conjunction with another
word or words) shall mean the City of Weldon Spring, Missouri.
7.
Captions (i.e., titles of Sections, Subsections, etc.) are intended
merely to facilitate general reference and in no way limit the substantive
application of the provisions set forth in this Chapter.
8.
References to Sections shall be deemed to include all Subsections
within that Section; but a reference to a particular Subsection designates
only that Subsection.
9.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
10.
The words "used" or "occupied" include the words "intended,"
"designed" or "arranged to be used or occupied" and "constructed,"
"altered," "converted," "rented" or "leased."
[Ord. No. 18-12, 12-11-2018; Ord. No. 21-10, 10-12-2021; Ord. No. 24-13, 7-25-2024]
For the purpose of the administration and enforcement of this
Chapter and unless otherwise stated in this Chapter, the following
words shall have a meaning as defined herein.
Having a common border with or being separated from such
a common border by a right-of-way, alley or easement.
An easement that provides access from one (1) parcel to another
parcel or parcels of land.
A use or structure which is clearly incidental to, generally
found in association with and serves a principal use; is subordinate
in purpose, area and extent to the principal use served; and is located
on the same lot as the principal use or on an adjoining lot in the
same ownership as that of the principal use, including, but not limited
to, a detached garage. Carports are permitted accessory structures
in the City's non-single family zoning districts and the "AG" Agricultural
District. Carports shall be prohibited in the City's single family
residential districts.
Facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision
as determined by the Board of Aldermen.
A lot that shares all or part of a common point or line with
another lot.
A use that is allowed within a zoning district if specific
criteria contained in the Zoning Regulations are met.
An industry that provides the design, development, and production
of various components and systems for aircraft or spacecraft.
The use of land for agricultural purposes, including farming,
dairying, pasturage, horticulture, floriculture, tree farming, viticulture
and animal and poultry husbandry and the necessary accessory uses,
provided, however, that the operation of any such accessory uses shall
be secondary to that of normal agricultural activities.
A service drive providing a secondary means of public access
to abutting property that is not intended for general traffic circulation.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams or girders,
any enlargement to, or diminution of, a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one (1) location to another.
A change in the provisions of this Chapter properly effected
in accordance with State law and the procedures set forth herein.
An antenna and supporting structure attached to a building
or freestanding and designed and used for an amateur radio or citizen
band radio or a similar communication device.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes, including, but not limited
to, VHF and UHF television; FM or AM radio; two-way radio, cellular
telephone, personal communications services (PCS) or other wireless
telephony, fixed point microwave, low power television or other similar
wireless communications and common carriers. This definition does
not include satellite dish antennae less than one (1) meter in diameter
that only receive a signal and other receive-only antennae including
a satellite earth station, any receive-only home television antenna
or any accessory antenna as herein defined which does not exceed thirty-five
(35) feet in height.
A communication antenna, as defined in this Section, which
is completely contained within a church steeple, cupola or similar
structure and not visible from outside such structure.
A directional antenna that is a flat, rectangular device
designed to concentrate a radio signal in a particular area.
A device or structure used to transmit and/or receive radio,
television or electromagnetic waves or signals between terrestrially
and/or orbitally based uses through a reflective surface that is solid,
open mesh or bar configured and generally in the shape of a shallow
dish, cone or horn. This definition, includes, but is not limited
to, satellite earth stations, television-reception-only (TVROs) and
satellite microwave antennae.
An antenna that is cylindrical in shape, less than six (6)
inches in diameter, up to eighteen (18) feet in height and transmits
signals in a three hundred sixty degree (360°) direction. Commonly
referred to as omnidirectional, stick or pipe antennae.
The owner of land proposed to be subdivided or the owner's
representative who shall have express written authority to act on
behalf of the owner.
The area where land and water meet.
A preliminary layout of a tract of land within a planned district or proposed planned district showing the proposed location of buildings and structures, indicating the use of the land and meeting the requirements of Section 405.345 of this Title.
The entire area within the lot lines of the property proposed
for subdivision, including any areas to be dedicated/reserved for
street rights-of-way and for public uses.
A street designed or utilized primarily for high vehicular
speeds or for heavy volumes of traffic on a continuous route through
the City with intersections at grade and on which traffic control
devices are used to expedite the safe movement of through traffic
as depicted on the transportation plan map in the City's Comprehensive
Plan.
A street designed or utilized primarily for high vehicular
speeds or for heavy volumes of traffic on a continuous route connecting
the City to surrounding cities and on which traffic control devices
may be used to expedite the safe movement of through traffic as depicted
on the transportation plan map in the City's Comprehensive Plan. Principal
arterial streets include all limited access streets in the City.
A residential facility licensed by the State of Missouri
that provides twenty-four (24) hour care, services and protective
oversight to residents who are provided with shelter and board and
who may need assistance with daily living activities.
The lowest level of a building or the story just below the
main floor and which is wholly or partially lower than the surface
of the ground.
A residence providing accommodations for a charge to the
public with no more than five (5) guest rooms for rent, in operation
for more than ten (10) nights in a twelve-month period and providing
only morning meals and only to guests. Bed and breakfast inns do not
include motels, hotels, group homes or food service establishments.
An area of land entirely bounded by streets, highways, barriers
or ways (except pedestrian ways or exterior boundaries of a subdivision
unless the exterior boundary is a street or highway) or bounded by
a combination of streets, public parks, cemeteries, railroad rights-of-way,
waterways or corporate boundary lines.
Any form of a surety bond in an amount and form satisfactory
to the Board of Aldermen.
A vegetated area along the boundary of a development which
is landscaped with screening materials and maintained as open space
in order to eliminate or minimize conflicts between such development
and adjacent land uses.
The area of a lot remaining after the minimum yard, dedicated
lands and green space requirements of the Zoning Ordinance have been
met.
Land which does not consist of steep slopes (equal to or
greater than twenty-five percent (25%)), floodplains, waterways, stream
areas or similar natural features.
Any structure enclosed by walls and a roof, designed, constructed
or used for residential, commercial, institutional, industrial or
agricultural purpose or accessory thereto.
The vertical distance from the top of the foundation at the
front of the building to the highest point of the coping of a flat
roof or to the deck line of a mansard roof or to the highest ridge
line for gable, hip and gambrel roofs.
A building, but not including a trailer without wheels, placed
on a lot for a specified period of time, but not more than two (2)
years, which is used to supplement the floor area of an existing permanent
building or which provides space until the principal building on the
site can be completed.
The diameter of a tree measured one (1) foot above ground
level.
An accessory structure with a roof and enclosed on not more
than three (3) sides that provides paved space for the parking or
storage of private passenger vehicles owned by the owner or occupants
of the principal structure it serves and located in one of the City's
non-single family zoning districts, including the "AG" Agricultural
District and designed to match (architecturally) to the principal
structure it serves. All carports shall have an access drive that
meets the City's driveway standards.
A receptacle designed to collect stormwater and provide a
change in direction or elevation of sewer pipes.
A facility which regularly provides day care for less than twenty-four (24) hours per day for four (4) or more children not related to the operator. A child care center shall include the terms "day care center," "part day child care facility" and "day care home" as defined by Chapter 225, Act 10, Section 2 of the Missouri Compiled Statutes.
A building or set of buildings used for the purpose of worship
and customarily related activities.
The City of Weldon Spring, Missouri, including its previous
status as a town and village.
The registered, professional engineer retained by the Board
of Aldermen to provide engineering consulting services to the City
or the alternate engineer retained by the Board of Aldermen for such
purpose.
The certified, professional planner or otherwise qualified
person designated by the Planning and Zoning Commission to provide
advice on planning and development issues and assist with interpretations
of the Zoning Regulations.
A home located on a cluster lot (see "Cluster Lot" in Figure
1).
A lot created in the conservation subdivision process that
is smaller in size than what would normally be allowed by the underlying
zoning district (i.e., what would be allowed for a conventional subdivision).
A site planning technique that allows lots to be reduced
in size and buildings sited closer together than would be permitted
under conventional zoning, provided that the total development density
does not exceed that permitted on the site under conventional zoning
and that the remaining land is utilized for green space or public
purposes. See Figure 1.
A street designed or utilized to carry intermediate volumes
of traffic from local access and subdivision feeder streets to arterial
streets and which may or may not be continuous as depicted on the
transportation plan map in the City's Comprehensive Plan.
Any motor vehicle which is designed or used principally for
business, governmental or non-profit organizational purposes or for
carrying passengers for hire and has a platform, cabinet, box, rack,
compartment or other facility for transportation of materials, equipment
and items other than the personal effects of private passengers.
Ownership by the same person, corporation, firm, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, entities, partnerships or unincorporated associations
in which a stockbroker, partner or associate or a member of his or
her family owns an interest in each corporation, firm, entity, partnership
or unincorporated association.
A freestanding structure designed for the support of one
(1) or more communications antennae and including guyed towers, self-supporting
(lattice) towers or monopoles. This definition shall also include
any tower, column or similar structure mounted on the roof of a building
and exceeding fifteen (15) feet in height above the level of the roof
at the point of attachment that is designed for support of one (1)
or more communication antennae. This definition shall not include
any structure of fifty (50) feet or less in height owned and operated
by an amateur radio operator licensed by the Federal Communications
Commission. A communication tower shall not be considered a utility
substation or use for purposes of these Zoning Regulations.
The plan or any portion thereof adopted by the Planning and
Zoning Commission to guide and coordinate the physical and economic
development of Weldon Spring. The Comprehensive Plan, includes, but
is not limited to, plans and programs regarding the locations, character
and extent of streets, public facilities and services, residential,
commercial or industrial land uses, parks, trails and green space.
A business that is primarily engaged in the wholesale distribution
of components for computers, computer peripheral equipment, loaded
computer boards, and/or computer software.
Establishments primarily engaged in providing expertise in
the field of information technologies through one (1) or more of the
following activities:
Writing, modifying, testing, and supporting software to meet
the needs of a particular customer;
Planning and designing computer systems that integrate computer
hardware, software, and communication technologies;
On-site management and operation of clients' computer systems
and/or data processing facilities; and
Other professional and technical computer related advice and
services.
A use that would generally not be appropriate throughout
a zoning district because of potential danger, smoke, noise or odor
or other reason but which, if controlled as to number, area, location
or relation to the neighborhood, would not be detrimental to public
health, safety, morals or general welfare.
A facility used for conferences, banquets, weddings, and
seminars, and may include accommodations for food preparations and
eating, recreation, entertainment, resource facilities, and meeting
rooms.
A senior residential facility that offers apartment style
living for adults who are in good health and do not require medical
care. Facilities may offer services such as meals, housekeeping, transportation
and other forms of personal care.
A large, privately owned lot that is part of the required
greenway land in a conservation design subdivision. The purpose of
the conservancy lot is to provide surrounding residents with visual
greenway land while keeping the land under private ownership and maintenance.
Approximately fifty percent (50%) of such lots may be developed (actual
percentage is determined by zoning district); the remainder must be
protected through conservation easements and used in conformance with
the standard for greenway land. Public access to conservancy lots
is not required other than for emergency vehicles.
When a contiguous area of land is planned, designed and developed
as a single entity, in which homes and buildings are accommodated
under more flexible standards (i.e. smaller lots, reduced setbacks,
narrower streets, streets without curbs, etc.) than those that would
normally apply under traditional Zoning Regulations, allowing for
the flexible grouping of homes and buildings in order to conserve
green space, existing sensitive natural areas and cultural resources.
Existing sensitive natural areas and cultural resources are to be
prioritized and then used to determine how to designate the location
of green space. Using clustering, covenants and other design features,
land can be preserved as green space, farmland or natural area. Ultimately
the same number of dwellings can be built as with conventional development
(this number in both conservation development and conventional development
is determined by preparing a yield plan for the property, see definition
below.) The goal is to provide for a density approximately equivalent
to a conventional development while preserving a significant amount
of green space and reducing the area consumed by homes and buildings,
lots, streets and other impervious cover. See Figure 1.
A voluntary, legally binding agreement between a landowner
and a not-for-profit land trust or government agency that permanently
limits certain types of uses on the property and prevents development
from taking place in order to protect the property's conservation
values.
A conservation subdivision allows for an adjustment in the location of residential dwelling units on a parcel of land so long as the total number of dwelling units does not exceed the number of units otherwise permitted in the zoning district. The dwelling units are grouped or "clustered" on only a portion of a parcel of land. The remainder of the site is preserved as green space. This clustering of the dwellings into a small area is made possible by reducing the individual lot sizes. The green space is to be permanently protected and held in common ownership. Additional dwelling units may be permitted if certain objectives are achieved (see Section 410.410 of the Zoning Regulations that addresses discretionary density bonuses). Conservation subdivisions are an alternative approach to the conventional lot-by-lot subdivision of land which spreads development evenly throughout a parcel with little regard to the impact on the natural and cultural features of the area. (See Figure 1 below.) Conservation subdivisions, on the other hand, enable a developer to concentrate units on the most buildable portion of a site, preserving natural drainage systems, green space and environmentally and culturally sensitive areas.
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The engineering plans accompanying a subdivision plat showing
the specific location, design, types of materials to be used, and
construction details for the structures and facilities to be installed
in, or in conjunction with, a subdivision, including, but not limited
to, grading, erosion control, streets, wastewater sewers, storm sewers,
stormwater retainage systems, water mains and hydrants.
Lots are contiguous when at least one (1) boundary line of
one (1) lot touches a boundary line or lines of another lot.
A development where the size of the house lot coincides with
the underlying zoning district. See Figure 1.
A subdivision with house lots based on the underlying zoning
(i.e., using clustering techniques and with little or no ground set
aside for conservation). See Figure 1.
See "LOT, CORNER."
The essential spaces in which plant and animal communities
or populations live. Examples include wetlands, woodlands dense with
mature or majestic trees, springs, spawning areas in streams, habitat
for rare and endangered species, potential restoration areas and native
vegetation areas.
The degree of inclination measured across a right-of-way
rather than in the direction traffic moves on said right-of-way.
A short minor local street having only one (1) outlet for
vehicular traffic and having the other end permanently terminated
by a turnaround for vehicles; the term may also be used to refer solely
to said turnaround.
A special facility that performs one (1) or more of the following
functions: store, manage, process and exchange digital data and information;
provide application services or management for various data processing,
such as web hosting Internet, Intranet, telecommunication and information
technology, noting that spaces that primarily house office computers
including individual servers associated with work stations are not
to be considered as data centers.
In counting days, a day shall be a calendar day, unless the
Missouri State Statutes specifically provide for an alternate means
of counting days, in which case the Statute shall prevail.
To transfer the ownership of a right-of-way, parcel of land
or improvement to the City of Weldon Spring, St. Charles County or
other public entity without compensation.
Standards that provide a consistent framework to promote
development that fits within and contributes to the character and
context of the City and based on the recommendations of the Comprehensive
Plan and Best Management Practices (BMP).
To erect any structure or to install any improvements on
a tract of land or to undertake any activity (such as grading) in
preparation of said improvements.
An agreement between the Board of Aldermen and the developer
through which the Board of Aldermen agrees to vest development use
or intensity or refrain from interfering with subsequent phases of
development through new legislation in exchange for the provision
of public facilities or amenities by the developer in excess of those
required under current community regulations.
A deposit made to the City Treasurer to cover City development
review fees based on the pre-established fees outlined on the City
Fee Schedule available at City Hall and on the City's website www.weldonspring.org,
which may be updated from time to time.
Refers to both lot depth and lot width.
A dwelling unit used initially for display purposes, which
typifies the type of units that will be constructed in the subdivision
and which will not be permanently occupied during its use as a display.
Any section or area of the City for which the Zoning Regulations
governing the use, placement of structures, yard and setback requirements
and size and dimension criteria are uniform.
Dogs, cats, rabbits, birds, small rodents and similar size
animals commonly kept as household pets.
A facility providing access for vehicles from a street to
a parking space, parking pad, garage, dwelling, parking lot and/or
other structure.
Any building or portion thereof used exclusively for human
habitation, excluding hotels, motels, dormitories, house trailers,
or group homes. The term "dwelling" includes any residential home,
foster care home, or any similar home or residence pursuant to State
law. The following terms associated with dwelling shall have the following
meanings:
APARTMENT (MULTIFAMILY)A room or suite of rooms within a building arranged, intended or designed for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
LOFTA dwelling located above the first floor of a non-residential use such as a store or office.
SINGLE-FAMILY ATTACHED DWELLING (DUPLEX)A dwelling situated on one (1) lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.
TOWNHOUSEA group of three (3) or more dwellings sharing a common wall and situated on one (1) lot occupied by families in separate dwelling units living independently of each other.
SINGLE-FAMILY ATTACHED DWELLING (VILLA)Single family dwellings sharing a common wall but situated on separate lots each with a private exterior entrance designed to be occupied exclusively by separate families with no other dwelling unit located above or below another.
SINGLE-FAMILY DETACHED DWELLINGA dwelling situated on one (1) lot designed to be occupied exclusively by one (1) family.
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The total floor area of a dwelling unit excluding cellars,
basements, garages and balconies. For two-story homes, the dwelling
unit size includes the first (1st) and second (2nd) story floor areas.
For split foyer or split level homes, the dwelling unit size includes
the floor area of each level that contains full size windows and/or
exterior doors not requiring ladders, nor more than three (3) steps
to reach ground level.
A residential structure constructed such that at least one-half
(1/2) of the wall surface of at least three (3) walls are located
below grade and such structure does not have a full story above grade.
A right given by the owner of the land to another party for
specific limited use of that land.
A business which distributes products, such as capacitors,
resistors, microprocessors, bare and loaded printed circuit boards,
electron tubes, electronic connectors, computer modems, crystals and
crystal assemblies, electronic, electron tubes, LCD (liquid crystal
display) unit screens, microwave components, piezoelectric devices,
printed circuit laminates, switches for electronic applications, and
transducers (except pressure).
Areas in the landscape that contain and connect natural areas,
open space and scenic or other resources which often lie along streams,
rivers and/or other natural features. They protect environmentally
sensitive areas by providing linkages in the landscape, they provide
avenues for wildlife movement and they also provide potential buffers
between natural and human communities.
A deposit in cash or other approved securities to assure
the completion of improvements within a subdivision.
Any side of a building that is considered or could be considered
the face or the front of the building from an adjacent street, right-of-way,
sidewalk or parking lot. A building can have multiple facades.
Any number of individuals related by blood, marriage or legal
adoption living together as a single housekeeping unit including up
to six (6) foster children;
Any number of persons related by blood, marriage or legal adoption
living together as a single housekeeping unit including up to six
(6) foster children plus up to two (2) unrelated individuals; or
Up to three (3) unrelated individuals living together as a single
housekeeping unit. (Note: Group homes are defined separately in this
Section.)
A parcel of land of not less than three (3) acres, in one
(1) ownership, that is used primarily for the commercial, soil-dependent
cultivation of agricultural crop production and/or for the raising
of livestock, but not including a feedlot.
The offering for sale of fresh agricultural products directly
to the consumer at an open air market designated and approved by the
City as a Seasonal or Temporary Use.
An outdoor freestanding structure of any material or combination
of materials erected for confinement, screening or partition purposes.
A detailed layout of a tract of land within a planned district prepared to be consistent with an approved Area Plan for the same tract of land and showing the location of buildings and structures, indicating the use of the land and meeting the requirements of Section 405.355 of this Title.
An establishment that performs central banking functions
including accepting deposits and lending funds. Such establishment
may include these services to patrons and customers through an accessory
drive-through when permitted. Uses include banks; savings associations;
savings and loan institutions; investment banking; brokerage for securities
or commodities; credit reporting services; certified financial planning;
accounting; auditing; bookkeeping; credit service offices, including
credit unions; holding and investment services; savings and loans
association offices; and consumer and mercantile credit reporting
services. Financial Services does not include pawn shops, businesses
primarily engaged in check cashing or issuing money orders or title
loan establishments or other businesses offering short-term consumer
loans secured by personal property, certificates of title to such
property estimated tax refunds or other such collateral (all of which
are prohibited money changing/money brokering uses). See also "payday
loan establishments."
Floor area shall be determined by measuring the outside dimensions
of all enclosed floor area under roof, excluding garages, open and
screened porches, carports, terraces and patios.
The gross floor area of all principal buildings on a lot
divided by the area of the lot.
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A mobile, fully self-contained vehicle with valid State of
Missouri registration that sells only food and/or beverages (non-alcoholic)
and that utilizes no outside cooking area. Mobile food vendors which
stop for less than or equal to thirty (30) minutes at a single location
shall not be considered Food Trucks.
The land area covered by a building or structure.
The dimension of a lot measured along the right-of-way line
of a street or accessible private street, which abuts or traverses
such lot.
A minor street fronting an arterial street or highway (usually
a limited access highway).
A detached accessory building or portion of a principal dwelling
designed or used exclusively for the storage for one (1) or more motor
vehicles of the occupants of the premises. No private garage may be
rented for commercial purposes. See also "Carport."
Any structure or land used for retail sales and dispensing
of motor vehicle fuels or oils, whether self-service or not. A service
station may furnish supplies, equipment and minor repair services,
including tires, to vehicles incidental to selling and dispensing
of motor vehicle fuels and oils.
The degree of inclination of the site or right-of-way, expressed
as a percentage.
The land trust or other private non-profit conservation organization
that manages the conservation easement within a conservation subdivision.
The portion of a tract of land in a conservation subdivision
that is set aside for the protection of sensitive natural features,
farmland, scenic views and other unique landscape features. Greenway
land may be accessible to the residents of the development and/or
the municipality or it may contain areas of conservancy lots that
are not accessible to the public.
A single-family dwelling or single-family residence where
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. Except in the "AG" District, the exterior appearance of the
home and property shall be in reasonable compliance with the general
neighborhood character. All group homes shall require a conditional
use permit (CUP), not be within five-hundred (500) feet of another
existing or proposed group home, and comply with Section 89.020, RSMo.
The purpose for which municipalities may adopt and enforce
land use regulations for the prevention of harm or promotion of public
benefit to the community; commonly referred to as the Police power.
An industry that uses advanced technologies to transform
and upgrade conventional manufacturing. This would include manufacture
of computers, computer peripherals, communications equipment, and
similar electronic products, and establishments that manufacture components
for such products.
An occupation, profession, activity or use that is clearly incidental and subordinate to the use of a residential dwelling unit and does not affect the residential character of the neighborhood. (See Section 405.215(B).)
An accessory use to a customary farming operation or a non-farm
household located in an "AG" or "RS-3" zoning district designed for
gainful employment involving the sale of goods or services that is
conducted either from within the dwelling and/or from accessory buildings
on the same premises as the dwelling unit occupied by the family conducting
the home occupation. (See Section 405.215(C).)
An organization, whether or not incorporated, which operates
under and pursuant to recorded covenants or deed restrictions, through
which each owner of a portion of a subdivision (be it a lot, parcel,
site, unit, plot, condominium or any other interest) is automatically
a member as a condition of ownership and each such member is subject
to a charge or assessment for a prorated share of expense of the association
which may become a lien against the lot, parcel, unit, condominium
or other interest of the member.
Any undeveloped areas responsible for maintaining the predevelopment
hydrologic response of a watershed. The three (3) most common land
uses are crops, forest and pasture. From a hydrologic standpoint,
forest is the most desirable land use followed by pasture, then crops.
A parcel, tract or area of land established after the effective
date of this Chapter which did not meet the minimum requirements of
the zoning district in which it is located when created and/or was
not established by plat, subdivision or as otherwise permitted by
this Chapter; or
A parcel, tract or area of land established prior to the effective
date of this Chapter which did not meet the minimum requirements of
the zoning district in which it was located when created and/or was
not established by plat, subdivision or as otherwise permitted by
the Subdivision Regulations of the City.
The sum total of all hard surfaces within a watershed including
rooftops, parking lots, streets, sidewalks, driveways and surfaces
that are impenetrable to infiltration of rainfall into underlying
soils/ground water.
Any street, curb and gutter, sidewalk, drainage ditch, sewer,
catch basin, water main, street light, newly-planted tree, off-street
parking area or other facility necessary for a subdivision or development.
See "CONSTRUCTION PLANS."
A septic tank, seepage tile sewage disposal system or any
other approved sewage treatment device.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
Such uses include asphalt plants; oil and gas production; manufacture
of cement, lime, gypsum and plaster of paris, chemicals and allied
products, fabricated metal products, rubber and plastics products,
stone, clay, glass and concrete products, and transportation equipment.
A use engaged in cutting edge and emerging technologies such
as medical science and bio-medical engineering; microelectronics and
electronic information technology; space science, aerospace and aeronautical
technology; pharmaceutical, life science and biological engineering
technology; energy science and new energy, high efficient energy conservation
technology; ecology and environmental science; basic matter science
and radiation science; data centers and server farms; uses engaged
in the manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental indoor storage, sales and
distribution of such products, but excluding basic industrial processing
as described in the definition of "Heavy Industrial Use."
The point at which two (2) or more rights-of-way (generally
streets) meet.
Any motor vehicle that has had its engine, wheels or other
parts removed, damaged, altered or otherwise so treated that the vehicle
has been incapable of being driven under its own motor power for a
period of at least seven (7) days or a vehicle which is not currently
registered or licensed by the Missouri Secretary of State or similar
licensing authority of another State. An unlicensed vehicle stored
within a garage or on a commercially-zoned lot and associated with
an auto-related business shall not be considered a junk vehicle.
The use of land or buildings for the purpose of selling,
breeding, boarding, or training dogs or cats, or both.
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
on lands and other persons have no legal right to access to or egress
from, except at such points and in such manner as may be determined
by the public authority having jurisdiction over the trafficway.
Animals which have historically been bred, reared and utilized
for the production of meat, wool, leather, milk, eggs and similar
products, including, but not limited to, cows, hogs, sheep, goats,
catfish and fowl which are raised on a commercial basis.
An area having minimum dimensions of twelve (12) feet and
thirty-five (35) feet with fourteen (14) feet of vertical clearance
on the same premises as a use requiring such zone which provides for
the standing, loading or unloading of trucks and does not use any
required off-street parking spaces nor unreasonably blocks traffic
circulation on the site.
A street designed or utilized to serve limited amounts of
residential traffic and used for access to abutting property.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be used, developed
or built upon as a unit.
The area of a horizontal plane bounded by the front, side
and rear lines of a lot.
The mean horizontal distance measured from the front lot
line to the rear lot line.
Any building, structure, place, work of art or other object
situated on a lot.
A line of record bounding a lot, thereby dividing such lot
from another lot or from a right-of-way.
A minor subdivision plat in which the boundary line between
two (2) legal lots of record is moved to transfer land from one (1)
lot to another or from each lot to the other.
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A lot which is a part of a subdivision for which a plat has
been recorded or a parcel of land for which a deed has been recorded
with the St. Charles County Recorder of Deeds prior to the adoption
of this Chapter.
For lots with parallel or roughly parallel side lot lines,
the distance between the side lot lines. For lots where the side lot
lines are not parallel, the width of the lot shall be the length of
a straight line measured at right angles to the axis of the lot at
the front setback required for the district in which the lot is located.
The axis of a lot shall be a line joining the midpoints of the front
and rear lot lines.
A lot situated at the intersection of two (2) or more streets
with frontage on two (2) or more adjacent sides. See Figure 4.
See "LOT THROUGH."
A lot that is not a corner lot. See Figure 4.
A lot that technically meets the area, frontage, width, and
depth requirements of this Title but includes unusual elongations,
angles, curvilinear lines unrelated to roads, topography, or other
natural features. Flag lots and lots with more street exposure than
fifty percent (50%) of the perimeter of the lot present special problems
and should be avoided.
A lot having frontages on two (2) parallel or roughly parallel
streets. See Figure 4.
Low impact development (LID) is a stormwater management approach
with a basic principle that is modeled after nature: manage rainfall
at the source using uniformly distributed decentralized "microscale"
controls. Techniques are based on the premise that stormwater management
should not be seen as stormwater disposal. Instead of conveying and
managing/treating stormwater in large, costly end-of-pipe facilities
located at the bottom of drainage areas, LID addresses stormwater
through small, cost-effective landscape features located at the lot
level. These landscape features, known as Integrated Management Practices
(IMPs), are the building blocks of LID. LID's goal is to mimic a site's
predevelopment hydrology by using design techniques that infiltrate,
filter, store, evaporate and detain runoff close to its source. Almost
all components of the urban environment have the potential to serve
as an IMP. This includes not only open space, but also rooftops, streetscapes,
parking lots, sidewalks and medians. LID is a versatile approach that
can be applied almost as well to all development, urban retrofits
and redevelopment/revitalization projects.
A street or thoroughfare classified as a freeway, arterial
or collector street on the City's thoroughfare plan contained in the
City's Comprehensive Plan.
All subdivisions not classified as minor subdivisions, including,
but not limited to, subdivisions of three (3) or more lots or any
size subdivision requiring any new street or extension of City facilities
or the creation of any public improvements.
An establishment that is not licensed by the State of Missouri
as a Massage Therapy establishment and that provides baths and body
massages, or either of them. Nothing herein contained shall apply
to a licensed Massage Therapist or an establishment where Massage
Therapy is practiced and certified to operate in Missouri
An establishment licensed by the State of Missouri that employs
certified massage therapists who provide therapeutic massage as defined
in Section 324.240 to 324.275, RSMo., as amended. Any massage therapy
business utilizing a massage therapist as defined in this Section
shall be considered a medical use and permitted as such in the City's
commercial and medical zoning districts. The definition does not include
establishments that offer illicit sexual services under the guise
of therapeutic massage, see Massage Parlor.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
A small wine producer that sources its grape product from
an outside supplier or an off-site vineyard, with an annual production
of ten thousand (10,000) gallons or less.
A street designed to collect traffic from local access streets
and channel it to the collector street system. Direct access to subdivision
feeder streets is allowed although the major portion of lots within
a subdivision should have access to a local access street. Subdivision
feeder streets will be of relatively limited continuity, but have
more continuity than local access streets.
Any subdivision containing not more than two (2) lots fronting
on an existing street or access easement, not involving the creation
of an access easement, a new street, the extension of City facilities
or the creation of any public improvements and not adversely affecting
the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Comprehensive Plan, Zoning Ordinance
or these regulations. One (1) minor subdivision shall be permitted
per parcel from the City incorporation date (November 8, 1984) or
the annexation date of the parcel, whichever is earlier.
A structure designed for permanent habitation and so constructed
as to permit its transport on wheels, temporarily or permanently attached
to its frame, from the place of its construction to the location or
subsequent locations, at which it is intended to be a permanent habitation
and designed to permit the occupancy thereof as a dwelling place for
one (1) or more persons. The term "mobile home" shall include manufactured
homes constructed after June 30, 1976, in accordance with the Federal
"National Manufactured Housing Construction and Safety Standards Act
of 1974."
A manufactured residential structure built to a nationally-recognized
and accepted construction standard published by the Building Officials
& Code Administrators International, Inc. (BOCA) or the International
Conference of Building Officials (ICBO) and the unit is inspected
and certified at the factory that it meets said standard. A modular
home shall have exterior structure materials and appearance similar
to the customary single-family structures and shall be permanently
situated on a concrete foundation. The following illustration is intended
to demonstrate a typical modular home.
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Payment of money into a municipally earmarked fund to provide
for acquisition of facilities off site in place of dedicating land
or providing such facility on site.
A self-propelled vehicle not operated exclusively upon tracks,
except farm tractors and motorized bicycles.
A project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation or enlargement of any
structure; or any use or extension of land which requires either the
approval of a plat pursuant to the City's Subdivision Regulations,
the issuance of a building permit or connection to a public water
or wastewater sewer system.
A building or structure whose size, dimensions or location
was lawful prior to the adoption, revision or amendment of this Chapter
but which would be prohibited or further restricted under the terms
of this Chapter.
A lot whose area, dimensions or location was lawful prior
to the adoption, revision or amendment of this Chapter but which would
be prohibited or further restricted under the terms of this Chapter.
A use or activity which was lawful prior to the adoption,
revision or amendment of this Chapter but which would be prohibited
or further restricted under the terms of this Chapter.
A characteristic of the site such as off-street parking or
loading, landscaping, drainage or similar matters which are incidental
to the principal use of the property but which do not satisfy current
City standards as established in this Chapter.
A subdivision that is intended for a use other than residential,
such as commercial or industrial.
An unreasonable interference with the enjoyment or use of
property affecting neighboring property owners.
A residential facility that includes one (1) or more of the
following facilities: Skilled Nursing, Assisted Living, Residential
Care and which may include as an accessory use, a Senior Housing Facility
and/or Congregate Care Facility.
Any premises not located within the area of the property
to be subdivided, whether or not in the common ownership of the applicant
for subdivision approval.
The date of the first (1st) meeting of the Planning and Zoning
Commission at which a complete major subdivision preliminary plat
application is considered for approval or a complete major subdivision
final plat application is considered for recommendation; or the date
of the first (1st) meeting of the Board of Aldermen at which a complete
major subdivision final plat application is considered for approval.
The date is also the date that the statutory period required for formal
approval, conditional approval or disapproval of the preliminary or
final plat shall commence to run. (An application is determined to
be complete by the City Planner, City Engineer and Zoning Commissioner.)
The date when both of the following have occurred: a complete
minor preliminary or final plat application has been submitted to
the Zoning Commissioner and the required development review permit
fee deposit has been received by the City Treasurer. The date is also
the date that the statutory period required for formal approval, conditional
approval or disapproval of the preliminary or final plat shall commence
to run. (An application is determined to be complete by the City Planner,
City Engineer and Zoning Commissioner.)
A dwelling unit with two (2) separate levels above grade
where the master bedroom is located on the first (1st) floor or lowest
level above grade.
An eating or drinking establishment which has an unroofed
area or a covered area which is not enclosed by walls, where patrons
may be served food and/or beverages.
The keeping in an unroofed area of any goods, material or
merchandise in the same place for more than twenty-four (24) hours
unless such goods, material or merchandise have been authorized through
the issuance of a permit for a temporary outdoor display or temporary
seasonal display and sales. The parking of motor vehicles which are
used in the operation of a commercial establishment shall not be considered
outside storage.
Overlay districts are special zones placed "on top" of existing
zoning districts for the purpose of providing relief from the underlying
zoning district requirements for a specific area to help protect natural
drainage ways and riparian areas.
A low, protective wall at the edge of a balcony or roof,
especially that part of an exterior wall, fire wall or party wall
that rises above the roof.
For single-family residential uses, that portion of a driveway
located behind the front line of a house and used for vehicle access
and/or parking. For other uses, that portion of a driveway or parking
lot used for the temporary storage of vehicles.
An interlocking pre-cast piece of concrete or brick commonly
used in exterior pavement-type applications.
An establishment or individual or business entity which lends
money on the deposit or pledge of physically delivered personal property,
other than property the ownership of which is subject to a legal dispute,
securities, printed evidence of indebtedness or printed evidence of
ownership of the personal property, or who deals in the purchase of
such property on the condition of selling the property back again
at a stipulated price. The business of a pawnbroker does not include
the lending of money on deposit or pledge of title to property.
An establishment that engages in transactions in which a
short-term cash advance is made to a consumer in exchange for a customer's
post-dated check in the amount of the advance plus a fee, or in exchange
for a consumer's authorization to debit a transaction account in the
amount of the advance plus a fee at a designated future date. Uses
include check cashing stores. The classification does not include
a State or Federally chartered bank, savings association, credit union,
or industrial land company. Further, this classification does not
include establishments selling consumer goods where the cashing of
checks or money orders is incidental to the main purpose of the business.
A use allowed by right in a zoning district and subject to
the restrictions applicable to that zoning district.
A tract of land which is developed as a unit under single
ownership or unified control, which includes two (2) or more principal
buildings or uses and follows applicable procedures of the City's
Zoning Ordinance. Subject to approval by the City, land uses, building
densities and lot size requirements are more flexible than conventional
districts.
The Planning and Zoning Commission of the City of Weldon
Spring, Missouri.
A plat which depicts a change in a recorded subdivision that
affects any lot line, provided that no new lot or illegal zoning lot
is created.
A map of major land subdivision prepared in a form suitable
for filing for record with necessary affidavits, dedications and acceptance
and with complete bearing and dimensions of all lines, defining lots
and blocks, streets, alleys, public areas and other dimensions of
land which is presented to the Planning and Zoning Commission for
a recommendation and then to the Board of Aldermen for final approval.
A map of minor land subdivision prepared in a form suitable
for filing for record with necessary affidavits, dedications and acceptance
and with complete bearing and dimensions of all lines, defining lots
and blocks, streets, alleys, public areas and other dimensions of
land that is reviewed administratively by the City Planner, the City
Engineer and the Zoning Commissioner for final approval.
Initial engineering maps, drawings and supportive documentation
indicating the proposed layout of a major subdivision that is presented
to the Planning and Zoning Commission for preliminary approval.
Initial engineering maps, drawings and supportive documentation
indicating the proposed layout of a minor subdivision that is reviewed
administratively by the City Planner, the City Engineer and the Zoning
Commissioner for preliminary approval.
Inherent, delegated or authorized legislative power for purposes
of regulation to secure health, safety and general welfare.
A porch or cover open on at least two (2) sides and attached
to a residence or building under which a vehicle may be driven and
parked to protect the occupants when alighting. A porte cochere shall
be constructed of the same exterior building materials as the primary
facade and complement the overall design of the residential structure.
A porte cochere shall not be constructed to be a "carport."
Any land together with any structures occupying it.
Primary conservation areas are generally undevelopable lands
and include wetlands, land within the floodway or floodplain and lands
that have steep slopes (equal to or greater than twenty-five percent
(25%)).
The primary or predominant use of a lot or premises occupying
the major portion of all buildings and structures.
A parcel of land not dedicated as a public street, over which
a public access easement has been granted to the City, which intersects
or connects with only one (1) other street, public or private, and
where the instrument creating such easement has been recorded or filed
with the St. Charles County Recorder of Deeds. The public access easement
shall allow for access by Police, emergency vehicles, trash collection
and other service vehicles, utility owners and the public in general.
The public access easement shall be maintained by the property owner.
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway,
tree lawn, off-street parking area, lot improvement or other facility
for which the local government may ultimately assume the responsibility
for maintenance and operation or which may affect an improvement for
which local government responsibility is established.
A parcel of land dedicated to the City as a public street.
(See "Street.")
A landscaping feature that is planted with native, perennial
plants and is used to manage stormwater runoff from impervious surfaces
such as roofs, sidewalks and parking lots. Rain gardens function like
miniature natural watersheds and slow water flow by using elements
similar to those in nature: plants, rocks, shallow swales and depressions
that hold water temporarily rather than let it quickly escape. (Please
see the Native Landscaping Manual; A Guide to Native Landscaping in
Missouri prepared by Shaw Nature Reserve for more information.)
A vehicle which can be towed, hauled or driven and is primarily
designed as temporary living accommodations for recreational, camping
and travel use or for other recreational transportation, including,
but not limited to, travel trailers, truck campers, camping trailers,
self-propelled motor homes, boats and snowmobiles.
To set aside a parcel of land in anticipation of its acquisition
by Weldon Spring (or other government entity) for public purposes.
A narrow strip of land between a public street and adjacent
lots that is designated on a recorded subdivision plat or property
deed.
A residential facility licensed by the State of Missouri
that provides twenty-four (24) hour accommodation and care during
short term illness or recuperation.
Any change in an approved or recorded subdivision plat that
affects any lot line or any street layout on the plat or any area
reserved thereon for public use or that affects any map or plan legally
recorded prior to the adoption of any regulations controlling subdivisions.
Any wall greater than two (2) feet in height or longer than
twenty-four (24) feet in length where the elevation of the ground
on one (1) side of the wall is different than the elevation of the
ground on the other side.
A stable, barn or similar building designed to accommodate
indoor horse riding and which may include facilities for keeping horses.
Land acquired by reservation, dedication, prescription or
condemnation and intended to be occupied by a street, railroad, electric
transmission line, oil or gas pipeline, water line, wastewater sewer
line, storm sewer line or other similar use.
See "HOME OCCUPATION, RURAL."
See "ANTENNA, SATELLITE DISH."
A method of visually shielding or obscuring one (1) abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
The outdoor display of merchandise on a seasonal basis, including,
but not limited to, Christmas trees, pumpkins and lawn and garden
supplies.
Secondary conservation areas contain significant or noteworthy
features such as mature woodlands, greenways and trails, river and
stream corridors, prime farmland, natural meadows, hedgerows, wildlife
habitats, historic sites and structures and scenic views.
A detailed layout of a portion of a tract of land within a planned district prepared to be consistent with an approved Area Plan for the same tract of land and showing the location of buildings and structures, indicating the use of the land and meeting the requirements of Section 405.355 of this Title.
The cash escrow provided by the applicant to secure the subdivision
improvement agreement.
A dwelling that shares one (1) common wall with another dwelling.
A premises consisting of age-restricted dwelling units designed
for and occupied exclusively by persons fifty-five (55) years of age
and older who are in good health and do not require medical or skilled
nursing. In the case of individuals residing together either by marriage
or domestic partnership, at least one (1) of the residents must be
fifty-five (55) years of age or older. Such facilities would be an
accessory use to skilled nursing facilities, residential care facilities,
assisted living facilities or any other uses which provide medical
care.
Include forests, grasslands, prairie, lakes, rivers, streams,
wetlands, steep slopes (equal to or greater than twenty-five percent
(25%)), areas with highly erodible soils, areas containing endangered
species habitat, wildlife breeding areas or other naturally occurring
features which may be significantly impacted by common development
techniques.
The minimum horizontal distance between the front, rear or
side lines of the lot and the front, rear or side lines of the building
including porches, carports and accessory uses subject to yard encroachment
provisions of the City's Zoning Ordinance. For lots fronting on curvilinear
streets, the front setback shall be measured from a line perpendicular
to the chord line to the nearest point of a structure.
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The minimum horizontal distance between the lot line and
the buildable area of a lot necessary to meet the yard requirements
of the applicable zoning district. The required setback line shall
be parallel to the lot line.
The ongoing use and occupancy of a legally existing, owner-occupied
single-family residence in the City's "AG," "RS-3," "RS-2" and "RS-1"
Zoning Districts for less than thirty (30) days and shall require
a business license, registry of renters, conditional use permit regulating
the frequency of use, occupancy, and any other requirements as determined
by the Board of Aldermen.
A pedestrianway constructed in compliance with the standards
of this Chapter, generally near the curb line of the street.
The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines in which nothing shall be erected, placed, planted, or allowed to be over thirty (30) inches in height or in such a manner as to materially impede vision, also known as "clear vision areas." See Figure 7. See also Section 405.170.
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Figure 7: Sight Distance Triangle
(Clear Vision Areas)
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An ecological or environmental area inhabited by a particular
plant species, that if disturbed or disrupted, there would be negative
ecological consequences for the species. The significant habitat includes
the physical environment that is utilized by a species population,
as well as the environment that influences the species population.
An ecological or environmental area inhabited by a particular
animal species, that if disturbed or disrupted, there would be negative
ecological consequences for the species. The significant habitat includes
the physical environment that is utilized by a species population,
as well as the environment that influences the species population.
The percentage of a lot or parcel that is covered by buildings,
parking lots, driveways and other impervious surfaces.
A scaled drawing of the proposed development of a lot for
buildings, structures and other site improvements showing the locations
and extent of all such improvements and where the total amount of
impervious surface to be developed or added to the lot is five thousand
(5,000) square feet or more in area.
A scaled drawing of the proposed development of a lot for
buildings, structures and other site improvements showing the locations
and extent of all such improvements and where the total amount of
impervious surface to be developed or added to the lot is less than
five thousand (5,000) square feet in area. Proposed improvements to
an existing approved site of two thousand (2,000) square feet or less
of impervious area may be approved by the City Zoning Commissioner
without a formal plan submittal and fee. Only if the proposed improvement's
meet all current City standards.
Sketch plans are simple and inexpensive drawings that illustrate conceptual layouts of conservation areas, dwellings, streets and lots. Sketch plans should conform to the site's Existing Resource and Site Analysis Map (see Section 410.240 for more details). The purpose of a sketch plan is to help the applicant and the City develop a better understanding of the site's potential and to help establish an overall design approach that respects the site's special and/or noteworthy features while providing for the appropriate density determined by a yield plan (see "Yield Plan" below).
A residential facility licensed by the State of Missouri
that provides twenty-four (24) hour accommodation, nursing care and
treatment services for persons who need nursing care and medical service,
but do not require intensive hospital care.
See "GRADE."
A communication tower as defined in this Section which is
designed to blend in with the surrounding environment and which conceals
all communication antennae and other equipment from view. A stealth
communication tower may be designed to resemble a flagpole or other
object.
More than one (1) retaining wall separated by a horizontal
space not wider than the highest wall on either side; if such horizontal
space is wider than the highest wall on either side, then the retaining
walls shall be considered separate walls.
A written notice from the Zoning Commissioner, City Engineer,
Code Enforcement Officer or other appropriate City employee to the
owner, contractor or agent of the owner requiring all affected parties
to cease work on a site pending review, approval and/or modification
of necessary permits to ensure compliance with all City ordinances
and requirements.
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 be no floor above it, then the space between
the floor and the ceiling next above it.
A public or private right-of-way that affords the principal
means of access to abutting property.
A deciduous hardwood tree with a minimum caliper of two and
one-half (2 1/2) inches and with a clear trunk of at least six
(6) feet that is suitable for urban environments, is tolerant of disease
and salt and is included on the list of approved street trees in the
City's Tree Conservation and Protection Ordinance.
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 the exterior walls.
Anything constructed, erected or located on or above the
ground or anything specifically enumerated herein, the use of which
requires permanent location or which, though movable, is used for
a purpose which usually and customarily involves permanent location
on or above the ground, including, but not limited to: advertising
signs, billboards, fences, parking spaces, driveways, sidewalks, tennis
courts, pergolas, swimming pools, playground equipment, tree houses
and structures for the housing of animals or fowl. Regulation mailboxes
shall not be considered structures as herein defined.
A street that is temporarily terminated, but that is planned
for future continuation.
The act or process of creating a subdivision.
Any person, firm, partnership, association, corporation,
estate or other group or combination acting as a unit dividing or
proposing to divide land in a manner that constitutes a subdivision
as defined in this Section.
The division and recording in accordance with law of a parcel
of land, vacant or improved, into two (2) or more lots, parcels, sites,
units, plots or interests for the purpose of offer, sale, lease or
development.
A contract entered into by the applicant and the City by
which the applicant promises to complete the required public improvements
within the subdivision within a specified time period following final
plat approval.
A modification to an approved site plan, Area Plan, final
development plan or section plan that results in an increase in the
height, floor area or footprint of buildings or structures; an increase
in the number of dwelling units; a decrease in the amount of open
space; a decrease in the setback from any property line; or a change
that would constitute a variance from the requirements of the Zoning
Regulations or any other change that significantly alters, modifies
or changes material aspects of the plan; changes to the location or
footprint of a dwelling or the addition of one (1) or more accessory
buildings or structures on a residential lot, provided such changes
conform to the requirements of the underlying zoning district and
provided that the proposed changes are consistent with a previously
approved Area Plan shall not constitute a substantive change.
See "BUILDING, TEMPORARY."
Improvements built and maintained by a developer during construction
of the subdivision and prior to release of the performance bond.
A paved area built at the end of a stub street, when required
by the City Engineer, to avoid vehicles having to back up or turn
around in a driveway.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
A business establishment for which more than fifty percent (50%) of the gross floor area is dedicated to the storage, display and/or retail sale of tobacco products such as cigars, pipe tobacco and cigarettes. This definition includes the sale of tobacco accessories such as lighters, matches, cigarette holders, and devices used to preserve tobacco, cigars or cigarettes, which are merely incidental to the sale of tobacco products. This business may also sell electronic cigarette devices, nicotine-enriched solutions and/or liquid products that are manufactured for use with e-cigarettes provided said products or use is not more than twenty-five percent (25%) of the gross floor area used for retail display or merchandise or twenty-five percent (25%) of the total sales. No Tobacco Store shall be located within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or other such business or establishment. See also Vaporizer (Vap)/Electronic (E) Cigarette Use Restrictions in Section 405.188 for applicable restrictions.
The relief features or surface configurations of an area
of land.
A lot. The term "tract" is used interchangeably with the
term "lot," particularly in the context of subdivision, where a "tract"
is subdivided into several lots, parcels, sites, units, plots, condominiums,
tracts or interests.
A pedestrianway or bikeway a minimum of eight (8) feet in
width constructed in compliance with the standards of this Chapter.
Any living woody plant.
Materials that are minor parts of a building facade which
complement the design of the building or perform a function, including,
but not limited to, fascias, window sashes, gutters, scuppers, leader
heads, leader boards and rakes.
A building with two (2) stories (as story is herein defined)
and a half (1/2) story consisting of a space under a sloping roof
where the top of two (2) opposite exterior walls are less than four
and one-half (4 1/2) feet above the floor level.
Wetlands, lands within the 100-year floodplain and lands
that have a slope greater than twenty-five percent (25%) (these lands
are also considered primary conservation areas).
A lot or premises where two (2) or more used vehicles are
offered for sale concurrently or where three (3) or more used vehicles
are offered for sale over a period of one (1) year.
To terminate the legal existence of right-of-way or subdivision
and to so note on the final plat recorded with the St. Charles County
Recorder of Deeds.
A business establishment for which more than fifty percent (50%) of the gross floor area is dedicated to the storage, mixing, display and/or retail sale of electronic cigarette devices, Juul pods and other similar vaporizers, nicotine-enriched solutions and/or liquid products that are manufactured for use with e-cigarettes. No Vaporizer (Vap)/Electronic (E)-Cigarette Store shall be located within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or other such business or establishment. See also Vaporizer (Vap)/Electronic (E) Cigarette Use Restrictions in Section 405.188 for applicable restrictions.
Any devise that uses an atomizer or similar device that allows
users to inhale vapor or other vapor without the use of fire, smoke,
or ash. This definition shall include, but is not limited to, juul
pods, electronic cigars, electronic cigarillos, or electronic pipe,
and any cartridge or other component of the device or related products
including any liquid products that are manufactured for use with e-cigarettes.
A relaxation by the Board of Aldermen of the requirements
of the subdivision or Zoning Regulations as long as such action will
not be contrary to the public interest and where, due to conditions
peculiar to the property and not the result of actions or the situation
of the applicant, a literal enforcement of the Code would result in
unnecessary hardship.
Approval by the Board of Adjustment to allow a specific land
use not allowed by the zoning district in which the subject property
is located where such action will not be contrary to the public interest
and upon a demonstration by the applicant that there is no other appropriate
use for the property based upon a showing of undue hardship.
The right to undertake and complete the development and use
of property under the terms and conditions of an approved Site Development
Plan, governing ordinance, and/or other development agreement authorizing
the development and use of property.
An establishment where small animals, such as household pets,
are given medial or surgical treatment and cared for during the time
of such treatment. Use as a kennel shall be limited to short-time
boarding and shall be only incidental to such hospital use.
When referring to fences and walls, a wall is a fence, as
herein defined, that is typically constructed of masonry, stone or
similar material and situated in a yard, but not including a retaining
wall or wing wall as herein defined.
An establishment primarily engaged in the storage or sale
of materials, equipment, or products for sale to wholesalers or retailers.
Typical uses include cold storage, warehousing, and general storage
facilities, but exclude mini-warehouse-mini (self-storage) defined
below and the sale of goods to the general public.
A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses
for self-service storage of personal property.
An extension of an exterior wall of a house constructed of
the same material of such exterior wall which is primarily decorative
in nature but which may also serve as a barrier.
An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in Section 405.155.
A yard extending across the full width of a lot between the
principal building and the front lot line. On corner lots, all yards
that abut a street are considered front yards.
A yard extending across the full width of the lot between
the principal building and the rear lot line.
The area or setback distance for each yard established by
the minimum yard dimensions in the zoning district requirements and
measured from the lot line for side and rear yards and from the nearest
right-of-way or road easement line for front yards.
A yard extending from the front yard to the rear lot line
between the principal building and the side lot line or a yard that
is not a front or rear yard.
A map-based approach to determine the potential maximum number
of dwelling units that could possibly be built on a given property.
Yield plans depict a lot layout and design reflecting a development
pattern that could reasonably be developed, taking into account the
presence of wetlands, floodplains, steep slopes (equal to or greater
than twenty-five percent (25%)), existing easements or encumbrances
and suitable soils if public sewage disposal will not be provided.
The purpose of the yield plan is to determine overall potential density
for a site only and is not intended to confer a right to any specific
number of dwelling units on any given tract of land.
A single-family dwelling on a lot where the lot area is approximately
the same size as the building footprint.
The official appointed by the Mayor with the advice and consent
of the Board of Aldermen to administer certain provision of this Chapter
and to handle the day-to-day administration and enforcement of the
Zoning Regulations, including the issuance of land use permits.
A graphic depiction showing the districts deemed by the Board
of Aldermen to be best suited to carry out the purposes of Sections
89.010 to 89.140, RSMo.; and within such districts are regulations
for the erection, construction, reconstruction, alteration or use
of buildings, structures or land.
