[Ord. No. 10702, 2-18-2021]
(a)Â
Intent. All provisions, terms, phrases, and expressions contained
in this Code shall be construed according to this Code's stated purpose
and intent.
(b)Â
Lists and examples. Unless otherwise specifically indicated, lists
of items or examples that use terms such as "including," "such as,"
or similar language are intended to provide examples, and not to be
exhaustive lists of all possibilities.
(c)Â
References to other regulations, publications, and documents. Whenever
reference is made to an ordinance, resolution, statute, regulation,
or document, that reference shall be construed as referring to the
most recent edition of such regulation (as amended), resolution, statute,
or document or to the relevant successor document, unless otherwise
expressly stated.
(d)Â
Public officials and agencies. All public officials, bodies, and
agencies to which references are made are those of the City of Kirkwood,
Missouri, unless otherwise expressly stated.
(e)Â
Delegation of authority. Whenever a provision appears requiring the
head of a department or another officer or employee of the City to
perform an act or duty, that provision shall be construed as authorizing
the department head or officer to delegate the responsibility to subordinates,
unless the terms of the provision specify otherwise.
(f)Â
Technical words. Technical words and phrases not otherwise defined
in this Code that may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
(g)Â
Mandatory and discretionary terms. The word "shall" is always mandatory,
and the words "may" or "should" are always permissive.
(h)Â
Used for. The phrase "used for" includes "arranged for," "designed
for'" "intended for," "maintained for," or "occupied for."
(i)Â
Particular versus general. The particular shall control the general
(j)Â
Conjunctions. Unless the context clearly suggests the contrary, conjunctions
shall be interpreted as follows:
(k)Â
Tense and usage. Words used in one tense (past, present, or future)
include all other tenses, unless the context clearly indicates the
contrary. The singular shall include the plural, and the plural shall
include the singular.
(l)Â
Gender. The masculine shall include the feminine, and vice versa.
(m)Â
Meaning. For the purpose of this Code, words and phrases shall have
the meanings set forth in this chapter.
(n)Â
Other terms not defined. Words and phrases not otherwise defined
in this Code shall be construed according to the common and approved
usage of American English. For the interpretation of uses, the Director
of Public Services may utilize outside sources, such as dictionaries
or glossaries developed by the American Planning Association (APA),
Urban Land Institute (ULI), or similar organization, or as defined
in Merriam-Webster's, or other commonly accepted dictionaries.
[Ord. No. 10702, 2-18-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
The land, lot, or property adjoining the property in question
along a lot line or separated only by an easement.
Permanent or portable ramps utilized to provide a disabled
person with accessibility to a structure.
A separate, complete dwelling unit that has its own kitchen,
sleeping area, and full bathroom facilities. Accessory dwelling units
may be contained within or added on to a principal dwelling, be part
of an accessory building (e.g., attached to a garage), or the accessory
dwelling unit may be a separate structure.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with, or increasing the size, height, or capacity of the building
or structure.
A review process that allows the Director of Public Services to waiver certain dimensional standards by a small percentage based on the provisions of § 25-23.
Farming, including plowing, tillage, cropping, seeding, cultivating,
or harvesting for the production of food and fiber products. This
use does not include gardening accessory to a principal residential
use where products are principally for consumption by the property
owner.
A minor, service roadway providing a secondary means of public
access to abutting property and not intended for general traffic circulation,
but is not a public or private street as defined by this Code.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the ingress/egress facilities, or an
enlargement, whether by extending on a side or by increasing in height,
or the moving from one location or position to another, or any change
in use from that of one district classification to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
A review procedure by which an applicant can propose an alternative approach to meeting a standard of this Code that meets or exceeds the original standard. See § 25-22.
A system of cables, electrical conductors, insulators, metallic
or nonmetallic tubing, poles, reflecting discs, rods, wires, or similar
objects used for transmission or reception of radio signals or electromagnetic
waves for amateur radio service.
A commercial establishment or place of business primarily
engaged in the provision of indoor entertainment and recreation for
participants. An amusement facility shall include, but not be limited
to, arcades, bowling alleys, trampoline facilities, indoor go-carts,
batting cages, miniature golf courses, billiards, and pool parlors.
A commercial establishment or place of business primarily
engaged in the provision of outdoor entertainment and recreation for
participants. An amusement facility shall include, but not be limited
to, golf ranges, miniature golf courses, pitch and putt golf courses,
and batting cages.
Any building, structure, or land used, designed, or arranged
for the boarding, breeding, or medical care of animals or pets. This
term includes animal hospitals, kennels, shelters, overnight boarding,
and veterinarian clinics.
Any building, structure, or land used, designed, or arranged
for grooming and daytime boarding of animals or pets. This term includes
pet day cares and grooming facilities.
Any device that transmits and/or receives electromagnetic
signals for voice, data or video communications purposes, including,
but not limited to, television, AM/FM radio, microwave, cellular telephone
and similar forms of communications.
A structure for the protection and security of communications
equipment associated with one or more antennas where direct access
to equipment is provided from the exterior and that has horizontal
dimensions that do not exceed four feet by six feet and vertical height
that does not exceed six feet.
A building for the protection and security of communications
equipment associated with one or more antennas and where access to
equipment is gained from the interior of the building. Human occupancy
for office or other uses, or the storage of other materials and equipment
not in direct support of the connected antenna, is prohibited.
A tower or disguised support structure, but excluding those
support structures under 55 feet in height owned and operated by an
amateur radio operator licensed by the FCC.
A room or suite of rooms which is arranged, designed, used
or intended to be used as a single housekeeping unit, and which contains
a complete kitchen, bath, and toilet facilities, permanently installed.
A review procedure by which a person may call into question decision made in accordance with this Code. See also § 25-25.
Unless otherwise specified, an owner of a property or an agent for the owner, including a subdivider, developer, attorney, or similar representative, who has filed an application for development review pursuant to § 25-16(a).
The process by which the applicant submits a request for any type of development review or approval identified in Article II, Review Procedures. Applications include all written documentation, verbal statements, and representations, in whatever forms and quantities as required by the City.
Unique details and components, such as decorative moldings
or architectural ornamentation, which define the nature and quality
of the building.
A prominent or significant part or element of a building,
structure or site.
A shelter projecting from and supported by the exterior wall
of a building constructed of nonrigid materials on a supporting framework.
See also definition of "canopy."
 Figure 104-A
Example of Traditional Awnings
|
Any building or structure devoted primarily to the selling,
serving or dispensing and drinking of malt, vinous, or other alcoholic
beverages in which the serving of food may occur incidental to the
consumption of such alcoholic beverages.
That portion of a building that is below the first or ground-floor
level and is wholly or partly underground.
The property lying between the two nearest intersecting streets,
crossing or terminating, or between the nearest such street and a
railroad right-of-way, unsubdivided acreage, a river or live stream,
or between any of the foregoing and any other barrier to the continuity
of development or the corporate lines of the City.
 Figure 104-B
Illustration of Block
|
All lots that have frontage on the same street as the subject
lot between an intersecting street or other boundary.
 Figure 104-C
Illustration of Block Face
|
A combination of landscaped space and/or structures designed
to provide separation between different uses.
The following tracts of land shall be considered a buildable
lot as that term is used herein:
A lot of record that satisfies the minimum width and size requirements
of the current zoning laws.
A lot of record that was developed with a single-family residential
structure on or after February 24, 1967.
A legally created existing residential lot of record at least
40 feet wide and with a minimum area of 4,000 square feet shall permit
the construction of one single-family dwelling. However, the construction
shall conform to all regulations of the residential zoning district,
such as yard areas, height, percentage of lot coverage, dwelling standards,
off-street parking, and other applicable provisions.
Any structure, of more or less permanent construction, having
one or more floors and a roof supported by columns or walls, which
is completely enclosed and is designed or intended for the shelter
or protection of persons, animals, or property. When separated by
party walls, each portion of such building shall be considered a separate
structure.
The total of areas taken on a horizontal plane at the main
grade level of the principal structure and all accessory structures
exclusive of uncovered porches, terraces and steps.
The Building Commissioner of the City of Kirkwood, Missouri.
A building is composed of many different elements, such as
roofs, coping, doors, and windows and the building's architectural
style should determine relationships between these various elements.
A change in the wall plane of a facade should be in keeping with the
architectural style of the building and should be significant enough
to affect the building mass. Repeating elements, such as dormers (bays/display
windows/storefronts), can be more effective when they are equally
sized and the spaces between them are of an equal proportion. Where
effective, there is also often a relationship to other elements on
the facade or roof. It is also very effective to maintain a relationship
to other elements on the facade or roof.
The vertical distance of a building as measured in § 25-46(j).
The lines along the interior side of required front, rear
and side yard setbacks.
The three-dimensional bulk and shape of a structure that
includes the height, width, and depth.
A permit issued to commence construction or use of land as
permitted by this Code and issued in accordance with the Municipal
Code.
A subordinate building detached from, but located on the
same lot as, the principal or main building, the use of which is incidental
and accessory to the principal building or use and that is constructed
subsequent to the principal building or main use of the land.
A building or portion thereof, lawfully existing on the effective
date of this Code, or amendments thereto, and that does not conform
to the provisions of the Code in the district in which it is located.
A building that contains a mixture of both residential uses
and nonresidential uses.
A building occupied by the main use of the lot on which said
building is located.
Any premises for the loading and unloading of bus passengers.
A permanent structure made of cloth, metal or other material
attached or unattached to a building for the purpose of providing
shelter to patrons or automobiles, or as a decorative feature on a
building wall. A canopy is not a completely enclosed structure but
typically is supported by features other than the building facade
(e.g., structural legs, building extensions, etc.). See also the definition
of "awning."
 Figure 104-D
Example of Canopy and Related Sign
|
An establishment where the sole business activity is the
preparation and delivery of food for: private parties, receptions,
banquets, and similar functions; or for mobile food trucks, pushcarts,
and farmers' markets. No food is sold on the premises.
[Ord. No. 10726, 9-2-2021]
Land use for the internment of the human dead, including
cemeteries, columbariums, and mausoleums. When operated in conjunction
with and within the boundary of such uses, it may also include mortuaries
and crematories.
Central mixing plants for cement, mortar, plaster, or painting
materials.
Any alteration, addition, demolition, removal, or construction
involving any property subject to the provisions of this Code.
Building, site, or element that plays an important role in
determining the purpose and/or the function of a streetscape or structure.
See "place of worship."
The City of Kirkwood in St. Louis County, Missouri.
The City Council of the City of Kirkwood, Missouri.
A building used for meeting, recreation, or social activity,
designed to accommodate and serve the residents of a subdivision or
development with which the use is associated and is privately owned
or jointly owned by property owners through a homeowners' association
or other nonprofit organization and open only to bona fide members
and guests of such organization.
An amendment or change to the text of this Code or to the Zoning Map as reviewed and decided upon by the City Council in accordance with § 25-17.
A single piece of land that is gardened collectively by a
group of people that may include individual garden plots designated
for individual gardens.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
A facility licensed by the State of Missouri including the
following:
[Ord. No. 10788, 2-16-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITYA facility licensed by the State of Missouri 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 medical facility, comprehensive facility, or marijuana testing 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.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITYA facility licensed by the State of Missouri 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 as provided for by the State of Missouri to a qualifying patient or primary caregiver, as those terms are defined by the State, 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 State regulation and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive 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, as set forth in this Code and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another 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.
The current, adopted long-range plan intended to guide the
growth and development of the City, based on study and analysis of
the City's existing conditions, including population and housing,
historic and natural features, general land use patterns and zoning
regulations, and other development considerations.
Elements identified as being characteristic of a particular
architectural style that are described in the "Identifying Features,
Principal Subtypes, and Variants and Details" contained in "A Field
Guide to American Houses" by Virginia and Lee McAlester.
A building or complex of buildings that provides elderly
housing, catered living, and/or assisted living dwelling units, with
skilled and intermediate care nursing units and accessory services
for residents of the facility, and programs, outpatient care, and
rehabilitation services provided by the facility to the general public.
A club organized and operated primarily for social and recreation
purposes, including premises, structures, or facilities used for meetings,
dining, dancing, other social events, or recreational activities,
including, but not limited to, golf, swimming, and tennis. If a golf
course is provided, all requirements of a golf course shall apply.
[Ord. No. 10778, 11-3-2022]
St. Louis County, Missouri.
A small-scaled, licensed manufacturing establishment that
produces, processes, ferments, rectifies or blends craft brews, wines
or distilled spirits. This use may include tastings and/or on-site
sale and consumption of the products.
See "street, cul-de-sac."
A state-licensed facility that provides less than twenty-four-hour
per day care to persons 18 years of age or older in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of these individuals.
The facility shall not provide overnight accommodations.
A day-care center is a group program providing for more than
10 children in a family home or more than four children in a facility
other than a family home.
An accessory building primarily intended for and used for
the enclosed storage or shelter of not more than four private motor
vehicles of the owner or occupant of the principal building that is
detached from the principal building. While a garage is completely
enclosed by walls and a garage door, a carport is a roofed structure,
with a foundation, that provides space for the parking of vehicles
and enclosed on not more than three sides.
An accessory building, other than a detached garage, that
is typically uses for storage of items utilized by the occupants of
the dwelling or a building used for the general enjoyment of the occupants,
including, but not limited to, gazebos, structural trellises, storage
sheds, etc. Such term shall not include playsets. Such buildings may
contain noncommercial workshops utilized by the resident unless as
part of a permitted home occupation.
Any individual, subdivider, firm, association, syndicate,
partnership, corporation, trust, or other legal entity commencing
proceedings under this Code to affect the development of land for
himself or herself or for another.
Any building, construction, renovation, mining, extraction,
grading, dredging, filling, excavation, or drilling activity or operation;
any material change in the use or appearance of any structure or in
the land itself; the division of land into parcels; any change in
the intensity or use of land, such as an increase in the number of
dwellings units in a structure or a change to a commercial or industrial
use from a less intense use.
A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings, exterior lighting, landscaping, vehicular use areas, access drives, signs, outdoor storage areas, and any other features that comprise a proposed development that are further defined in § 25-18 and that demonstrate a development's compliance with this Code.
A single development that includes a mixture of both residential
uses and nonresidential uses.
The Director of Public Services of the City of Kirkwood,
Missouri.
Any freestanding man-made structure designed for the support
of antennas, the presence of which is camouflaged or concealed as
an appropriately placed architectural or natural feature. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, signs, light standards, flagpoles, and artificial trees.
See "zoning district."
An institution that furnishes food, shelter, and other nonmedical
services, together with services such as assistance in normal daily
activity, help with dressing, and supervision of medications for three
or more individuals not related to the operator, and does not furnish
or provide skilled nursing care, and does not admit and maintain bed
patients.
The Downtown Master Plan Study Areas as established in the
2018 Downtown Master Plan and Parking Study, as amended.
Any portion of a building from which business is transacted,
or is capable of being transacted, directly with customers located
in a motor vehicle during such business transactions. The term "drive-through"
shall also include "drive-up" and "drive-in" facilities.
A private accessway used by vehicles and pedestrians for
access to a parking space, garage, dwelling, structure, or a use of
land.
Small collection facilities where recyclable materials, clothing,
or household goods are accepted from the public (e.g., neighborhood
recycling stations and thrift store collection boxes).
A facility where chemical solvents are used to dry clean
clothing and other fabrics. Establishments that are for the pickup
and dropoff of clothing for dry cleaning or laundering, where there
is no cleaning on site, is considered a "personal and commercial service."
A building designed or used exclusively as the living quarters
for one or more families.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling or group of dwellings on one lot containing separate
living units for three or more families, but that may have joint services
or facilities, or both.
A dwelling in which the walls on one or two sides are in
common with the walls of adjoining dwellings and are party or lot
line walls.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
A right granted by the owner of land to other parties to
use such land for a specific purpose, such as public utility lines
or for access to other properties.
Any private or public secondary educational institution that
includes, but is not limited to: secretarial schools, colleges and
universities, business schools, seminaries, or any other institution
providing college-level curriculum.
A public or private facility that provides a curriculum of
primary, elementary, secondary or college preparatory academic instruction,
including, but not limited to, preschools, kindergartens, elementary
schools, middle schools, and high schools. This definition shall not
be deemed to include colleges, trade or business schools, or other
post-secondary education facilities. See "educational institution
(higher education)."
See § 25-5(b) for a full definition of essential services.
The Federal Aviation Administration.
The exterior walls of a building or building face exposed
to public view; the exterior face of a building that gives it a distinctive
character.
An individual or married couple and the children thereof
and no more than two other persons related directly to the individual
or married couple by blood or marriage and not more than one unrelated
person, or otherwise a group of not more than four unrelated persons
living together as a single housekeeping unit in a dwelling unit.
A family home in which family-like general supervision is
given to six children or fewer, not related to the day-care provider,
for any part of the twenty-four-hour day. No practice of medicine
or nursing care is permitted in a family day-care home.
The Federal Communications Commission.
An artificially constructed barrier of wood, masonry, stone,
chain-link, nonvinyl-clad, wire, metal, or other manufactured material
or combination of materials erected to enclose, screen, or separate
areas.
A solid, opaque fence or wall which substantially reduces
the sight distance for adjacent properties and/or right-of-way.
A state- or federally chartered bank, savings association,
credit union, or industrial land company that provides for the custody,
loans, exchange or issue of money; the extension of credit, or facilitating
the transmission of funds. This use does not include small loan business
or pawn shop.
The distance between the existing finished grade and the finished first floor. See § 25-46(m).
The bottom or lower part of a room on which one stands or
the horizontal structure that divides a building into stories.
The total floor area of the building divided by the total lot area. See § 25-46(g).
A unit of illuminance on a surface that is everywhere one
foot from a uniform point source of light of one candle and equal
to one lumen per square foot.
A building or premises, or a portion thereof, owned or operated
by a corporation, association, or group of persons for a social, educational,
religious, or recreational purpose, but not primarily for profit or
to render a service that is customarily carried on as a business.
All of the property abutting on one side of a street or places
(crossing or terminating) or, if the street or place is dead-ended,
then all of the property abutting on one side between an intersecting
street or place and the dead end of the street or place.
A building or establishment, or portion thereof, used for
the preparation of deceased humans and ceremonies connected therewith
prior to burial or cremation. This use does not include crematories.
A building, premises, or portion thereof, which is used arranged,
designed, or intended to be used for electric charging and/or the
dispensing or retail sale of vehicle fuel; may also include an accompanying
convenience store.
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways, and hazards.
A golf course may include a clubhouse, pro shop, restrooms, driving
range, cart rental, and shelters as accessory uses. The use does not
include commercially operated golf-driving ranges or miniature golf
as principal uses.
A building, structure, or other use owned, operated, or occupied
by a governmental agency to provide services to the public, Examples
include government office space, public parking lots or structures,
police and fire stations, and public libraries. Uses that involve
outdoor storage of materials or vehicles do not qualify as a governmental
facility.
The average level of the finished surface of the ground adjacent
to the sign, building, or other structure being measured.
The stripping, cutting, filling, or stockpiling, or any combination
thereof of earth-disturbing activity, inclusive of land in its cut
or filled conditions.
Stormwater management techniques that use natural systems,
or engineered systems, that mimic natural process.
An establishment where plant materials are grown and related
supplies are sold at retail or wholesale to the customer, which include
but may not be limited to plants, nursery products and stock, potting
soil, hardware, power equipment and machinery, gardening hand tools,
and utensils.
A family home in which family-like care is given to at least
seven, but not more than 10 children, not related to the day-care
provider, for any part of the twenty-four-hour day. No practice of
medicine or nursing care is permitted in a group day-care home.
A home in which eight or fewer unrelated mentally and/or
physically challenged persons reside, and may include two additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically challenged persons
residing in the home.
The vertical distance measured from the average grade to
its highest point and including the main structure and all attachments
thereto.
Building elements or features that were part of the structure
for over 50 years, or elements that have been indicated as character
defining by the Secretary of the Interior, Landmarks Commission of
the City, or the Architectural Review Board.
A business, profession, occupation, or trade that is conducted
within a residential dwelling unit for the economic gain or support
of a resident of the dwelling and is incidental and secondary to the
residential use of the lot and does not adversely or perceptively
affect the character of the lot or surrounding area.
An establishment providing physical or mental health services,
inpatient or overnight accommodations, and medical or surgical care
of the sick or injured. The term "hospital" may include medical clinics;
medical or surgical facilities; or medical, dental or physician office
buildings and helipads when such buildings or facilities are situated
on the same parcel upon which an above-defined institution is located
and are owned by said institution.
A building or group of buildings in which lodging is provided
and offered to the public for compensation and in which ingress and
egress to and from rooms is controlled or regulated through an inside
lobby or office supervised by a person in charge at all hours, and
which is open to transient guests. A restaurant, meeting rooms, and
other accessory services may also be provided on the same premises.
A structure used for the purpose of housing persons on a
permanent basis under religious vows or orders typically consisting
of nuns, priests, monks, ministers, rabbis, imams, or other similar
religious personnel.
Building, site, or architectural element that is scaled in
relation to pedestrians.
The engineering plans showing types of materials and construction
details for the proposed subdivision improvements.
Street pavement or resurfacing, curbs, gutters, sidewalks,
water lines, sewer lines, storm drains, streetlights, flood control
and drainage facilities, utility lines, structures, landscaping, and
other related matters normally associated with the subdivision of
raw land into building sites.
A project on a block with more than 40% of the frontage developed.
A consumable or smokable marijuana product generally consisting
of: 1) a wrap or paper; 2) dried flower, buds, and/or plant material;
and 3) a concentrate, oil or other type of marijuana extract, either
within or on the surface of the product. Infused prerolls may or may
not include a filter or crutch at the base of the product.
[Ord. No. 10788, 2-16-2023]
The assembly that holds the lamp in a lighting system. It
includes the elements designed to give light output controls, such
as a reflector (mirror) or refractor (lens), the ballast, housing,
and the attachment parts.
Industrial uses that include fabrication, manufacturing,
assembly, or processing of materials that are in refined form and
that do not in their transformation create smoke, gas, odor, dust,
noise, vibration of earth, soot, or lighting to a degree that is offensive
when measured at the property line of the subject property. Examples
include the manufacturing of clothing, optical goods, ceramics, signs,
fiber products, textiles, food products (except fish, meat, sauerkraut,
vinegar, yeast, or rendering or refining of fats and oils) as well
as machine shops and welding shops.
An establishment or place of business primarily engaged in
the retail sale of packaged alcoholic beverages for consumption off
the premises. This use shall not include restaurants that sell packaged
alcoholic beverages as an accessory to the principal use.
A private residential facility that houses four or more animals that are permitted in accordance with the regulations set forth in Chapter 4, Animals and Fowl. Animals are kept for private use and not for hire, remuneration, or sale.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
that has an appropriate means of access.
A parcel, tract, plot, or area of land accessible by means
of a street or place. It may be a single parcel separately described
in a deed or plat that is recorded in the office of the County Recorder
of Deeds or it may include parts of or a combination of such parcels
when adjacent to one another and used as one.
The total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication. See § 25-46(c).
The percentage of lot area covered by buildings or structures on the lot (footprint) divided by the lot area. See § 25-46(f).
The mean horizontal distance between the front lot line and
the rear lot line, measured in the general direction of the side lot
lines.
The boundary line defining the limits of the lot. Lot line
is synonymous with "property line."
In the case of an interior lot, that line separating such lot from the street. In the case of a corner lot or multiple frontage lot, the front lot line is that line separating such lot from either street. See § 25-46(k).
A lot line opposite a front yard. A rear lot line is generally parallel to or less than 45° to the front street right-of-way line. See § 25-46(k).
A lot line generally extending perpendicular to the front and rear lot lines. The side lot line extends between the front lot line and the rear lot line. See § 25-46(k).
A full and undivided lot that is part of a subdivision, the
plat of which has been recorded in the office of the Recorder of Deeds;
or a parcel of property described by metes and bounds, the description
of which was recorded in the office of the Recorder of Deeds prior
to incorporation or annexation by the City of Kirkwood or prior to
February 24, 1967; or a developed parcel of property recorded in the
office of the Recorder of Deeds.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at the front setback line.
A lot that adjoins the point of intersection or meeting of
two or more streets and in which the interior angle formed by the
street lines is one 135° or less. See Figure 104-E.
 Figure 104-E
Illustrative Example of Typical Lot Types
|
A lot with frontage along a curved street or cul-de-sac. See § 25-46(k).
A lot that traditionally has frontage on or abutting a public street but where access is provided through a narrow strip of land that fronts or has access to the street. See Figure 104-E and § 25-46(k).
Any lot that contains a principal structure or use.
A lot that has a single street frontage, a rear lot line, and at least two side lot lines. See Figure 104-E and § 25-46(k).
A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot. See Figure 104-E and § 25-46(k).
A lot that does not meet the minimum lot width, street frontage,
and/or lot area requirements of the applicable zoning district.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
"Marijuana" or "marihuana" do not include industrial hemp as defined
by the Missouri Statute, or commodities or products manufactured from
industrial hemp.
[Ord. No. 10788, 2-16-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 10788, 2-16-2023]
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business licensed or certified by the
State of Missouri, but shall not include a medical marijuana facility
licensed by the State of Missouri.
[Ord. No. 10788, 2-16-2023]
A facility licensed by the State of Missouri as a microbusiness
dispensary facility or microbusiness wholesale facility.
[Ord. No. 10788, 2-16-2023]
A facility licensed by the State of Missouri 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 as provided for by the
State of Missouri to a consumer, qualifying patient as that term is
defined by the State, or primary caregiver as that term is defined
by the State, anywhere on the licensed property or to any address
as directed by the consumer, qualifying patient, or primary caregiver
and, consistent with the limitations of State regulation and as otherwise
allowed by law, a microbusiness wholesale facility, or a marijuana
testing facility. Microbusiness 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 microbusiness dispensary facility's authority to process marijuana
shall include the creation of prerolls.
[Ord. No. 10788, 2-16-2023]
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, manufacture,
transport to or from, deliver, and sell marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as clones), and marijuana-infused
products to a microbusiness dispensary facility, other microbusiness
wholesale facility, or marijuana testing facility. A microbusiness
wholesale facility may cultivate up to 250 flowering marijuana plants
at any given time. A microbusiness wholesale facility's authority
to process marijuana shall include the creation of prerolls and infused
prerolls.
[Ord. No. 10788, 2-16-2023]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana, including those licensed as
a medical marijuana testing facility.
[Ord. No. 10788, 2-16-2023]
A permanent structure projecting beyond a building wall at
an entrance to a building or extending along and projecting beyond
the building's wall and generally designed and constructed to provide
protection against the weather.
The building materials that have a manufacturer's warranty
for the material and color fastness greater than 20 years.
That no feasible and prudent alternative exists, and all
possible efforts to comply with the regulation or minimize the potential
harm or adverse impacts have been undertaken. Economic considerations
may be taken into consideration.
Equipment, devices and accessories, the use of which relate
to water supply, drainage, heating, ventilating, air conditioning,
and similar purposes.
A facility licensed by the State of Missouri including the
following:
[Ord. No. 10788, 2-16-2023]
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivations facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri to a qualifying patient as that term is defined by the State, a primary caregiver as that term is defined by the State, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a medical marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.
Facilities dedicated to the medical care and treatment of
outpatients. Uses includes doctor offices, dentist offices, and medical
clinics.
An intermediate or fractional story between the floor and
ceiling of a main story extending over part of the next floor below.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors.
Engine rebuilding or major reconditioning of worn or damaged
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair; and overall painting of vehicles.
Incidental repairs, replacement of parts, and motor service
to motor vehicles, but not including any operation specified under
"motor vehicle repair, major."
An establishment whose principal business activity includes
incidental repairs, replacement of parts, and motor service to motor
vehicles, but not including an operation specified under "motor vehicle
repair, major." Said facility must be operated by an automotive dealership
that is owned and operated within the city limits of Kirkwood. Said
facility shall provide services only to vehicles owned by said automotive
dealership and shall not be open to the public.
The City of Kirkwood, Missouri Municipal Code
A building, place, or institution for the acquisition, preservation,
study, and exhibition of works of artistic, historical, or scientific
value. This shall include places where children learn through exhibits
designed for play or exploration.
The three houses on either side of the subject property and
seven houses across the street on the same block.
The total area of a lot being developed as a single or unified
development, less areas to be dedicated for public use.
A site improvement that was legally established, but no longer
conforms to the parking, landscaping, architectural, or other design
standards for the site, exclusive of the lot area, lot width, or other
site development standards established in this Code.
Lots, uses of land, structures, and uses of structures and
land in combination, lawfully existing at the time of enactment of
this Code or its amendments, which do not conform to the regulations
of the applicable zoning district, and are therefore incompatible.
See also the definitions for "use, legally nonconforming," "lot, nonconforming,"
"building, legally nonconforming," "nonconforming site condition,"
and "structure, legally nonconforming."
A facility administering to the needs of infants, toddlers,
preschool children, and school children outside of school hours, by
persons other than their parents or guardians, custodians, or relatives
by blood, marriage or adoption for any portion of the twenty-four-hour
day in a building other than the child's own home. This use may include,
but is not limited to, after-school programs, office day-care centers,
and facilities accessory to institutional uses. This term may also
include adult day-care centers where persons other than children,
family members, or guardians care for adults for a portion of a twenty-four-hour
day in a building other than the adult's home.
A private home, institution, building, or residence that
provides skilled nursing care from a registered nurse or licensed
practical nurse, under the direction of a licensed physician, for
three or more individuals not related to the operator. A nursing home
may accommodate convalescent or other persons who are not acutely
ill and not in need of hospital care.
A person who, on a regular basis, spends nights at a residence.
A person is considered an occupant regardless of whether they spend
the majority of their nights at a residence, if the times they do
stay overnight are regular and recurrent. In addition, a person shall
be considered an occupant if their clothes or other daily living supplies
are maintained at the residence.
Off-street parking that is accessory to a principal use that
is located on a separate lot from the principal use.
Offices for accountants, bookkeepers, architects, engineers,
financial consultants, tax preparers, insurance salespersons, lawyers,
real estate agents, real estate appraisers, etc. This definition shall
not include medical or dental facilities.
Off-street parking that is accessory to a principal use that
is located on the same lot as the principal use.
Areas on private sidewalks, patios, or other unenclosed areas,
excluding vehicular use areas, that are designated for outdoor seating
for more than 12 people where patrons may be served food and beverage
for on-site dining.
The placement of small products or materials for sale outside
of a retail or wholesale sales establishment.
Includes public recreational uses of open land, including
but not limited to parks, camps, golf courses, racetracks, and archery
ranges.
Areas on private sidewalks, patios, or other unenclosed areas, excluding vehicular use areas, that are designated for outdoor seating for 12 or fewer people where patrons may be served food and beverage for on-site dining. Said areas may be located on public sidewalks in accordance with § 20-95 of the Municipal Code.
The keeping, storage, or sales of any goods, material, merchandise,
or vehicles in the same place for more than 24 hours in an area that
is not fully enclosed by a structure. This may include areas established
for the sale of large and/or bulk items.
Vending machines are small machines that are capable of accepting
money in return for the automatic dispensing of goods (e.g., drink
machines, snack machines, video machines).
Any individual, firm, association, syndicate, copartnership
corporation, trust or any other legal entity, having legal title to
or sufficient proprietary interest in the land.
A building facade that rises above the roof level, typically
obscuring a gable or flat roof as well as any roof-mounted equipment.
An outdoor area designed for unorganized recreation play.
Playgrounds may consist of open space or informal play areas containing
equipment such as swings, jungle gyms, seesaws, merry-go-rounds, backstops,
goals, etc. Areas designed specifically for organized athletic events
or containing buildings, bleachers, paved surfaces, field lights,
or outdoor speakers are not included within the definition of "park
or playground."
An area designed for the parking of vehicles that includes
parking spaces and any driveways or access drives specifically related
to the parking spaces.
Any improved place, lot, parcel, or yard used in whole or
in part for the storage or parking of two or more vehicles.
An off-street space available for the parking of one motor
vehicle that has direct access to a street or alley.
A building for the short-term storage of motor vehicles,
having two or more tiers or levels. The top tier may or may not be
roofed.
A financial deposit to ensure that all improvements, facilities,
or work required will be completed in conformance with the approved
plan.
Establishments that are primarily engaged in providing services
generally involving the care of the person or person's possessions.
Personal and commercial services may include, but are not limited
to, laundromats, dry cleaning (pickup/dropoff only), barbershops,
beauty salons, nail salons, massage therapy, physical therapy, mental
health therapy, upholstery services, printing services, health and
fitness studios, dance studios, tutoring establishments, music schools,
informational and instructional services, tanning salons, and portrait
studios.
A religious institution for a congregation of any denomination
to regularly attend, participate in, or hold religious services, meetings,
and other activities, including buildings in which the religious services
are held and administrative offices.
Office space used in association with the activities of a
place of worship.
A map graphically indicating a proposed land subdivision
or resubdivision prepared in a form suitable for filing for record,
with necessary affidavits, dedications and acceptances, and with complete
bearings and dimensions of all lines defining lots, blocks, streets,
alleys, public areas, and other dimensions of land.
The final map of all or a portion of the subdivision that
is presented to the Planning and Zoning Commission and City Council
for final approvals in accordance with this Code, and which, if approved,
shall be filed with the proper county recording officer.
A plat of all parts of a subdivision prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary and water service, and other information for preliminary approval in accordance with § 25-27.
Recreational equipment for children that may include, but
is not limited to, swings, slides, monkey bars, and play enclosures.
A consumable or smokable marijuana product, generally consisting
of: 1) a wrap or paper; and 2) dried flower, buds, and/or plant material.
Prerolls may or may not include a filter or crutch at the base of
the product.
[Ord. No. 10788, 2-16-2023]
The side of the building that faces the public right-of-way,
and/or is the primary entrance to the structure. The building's placement
on the site can have a great deal of influence on what will ultimately
become its primary facade. Traditionally, the primary facade is the
facade that faces the street on which it is located and that displays
its street address; however, multitenant or mixed-use developments
may result in the primary facade facing an interior court, parking
lot, or pedestrianway that is separate from its street frontage/street
address. With these types of developments particular attention will
be paid to how equal weight is placed on both the primary and street
frontage so as not to interrupt the original streetscape.
A portion of the vehicular use area on a site that is dedicated
to the temporary storage or queuing of vehicles engaged in drive-through
use of the site or development.
A privately-owned park, playground, open space, swimming
pool, etc. maintained by a community club, property owners' association,
or similar organization.
An outdoor or indoor facility designed for organized recreational
activities, including but not limited to arenas, stadiums, rinks,
auditoriums, or outdoor theaters.
A wall not visible from any public right-of-way.
Privately owned units that provide emergency medical services
and may perform technical rescues for humans.
An establishment conducting physical, chemical, or biological
research.
A facility used for the treatment of alcohol or other substance
abuse where one or more patients are provided with care, meals, and
lodging.
Residential units on or above the second floor of a building.
An establishment or any portion thereof whose business includes the sale of food, frozen desserts, or beverages in a ready-to-consume state for consumption on the premises, carry out, delivery or any combination thereof. The interior space of such an establishment can be used for the preparation of food, as a serving area, seating/consumption area, or any and all combinations thereof. Except as otherwise limited herein, this shall include, but not be limited to, delis, fast-food restaurants, pizza restaurants, pizza delivery establishments, sit-down restaurants, or halls. Any outdoor seating or drive-throughs are accessory uses subject to the requirements of Article V, Accessory Uses and Structures. This use does not include a "bar or tavern."
Any business selling goods, wares or merchandise directly
to the ultimate consumer for direct consumption and not for resale.
A retail business use includes, but is not limited to, such uses as:
supermarkets, department stores, discount stores, stores that sell
electronics, pets (not including grooming services), hardware, apparel,
medicine, bicycles, books, footwear, flowers, appliances, or furniture.
Retail businesses may also offer incidental repair of products sold
at the store, small-scale facilities for production (such as baked
goods, candy, or soap), and incidental seating for no more than eight
patrons to consume products sold on-site. Retail businesses do not
include liquor stores, and tobacco or vapor product stores.
A strip or area of land reserved or acquired by dedication,
prescription, condemnation, gift, purchase, eminent domain, or any
other legal means, occupied or intended to be occupied by a street,
sidewalk, railroad, utility, sewer, or other similar use. For public
streets, the right-of-way typically includes the paved roadway, curbs,
lawn strips, sidewalks, lighting, drainage facilities and utilities
and may include special features (required by the topography or treatment),
such as grade separation, landscaped areas, viaducts, and bridges.
In the case of a private street, the right-of-way shall be dedicated
to the property owners or trustees for street maintenance purposes.
A roof created from straight slopes falling from the ridge
to eave, creating a triangle part of a building on the side or front
facade.
A roof formed by four triangular-shaped sides that meet at
a pointed peak.
A hipped roof containing a flat top and two roof pitches.
A low-sloped roof pitches from the flat top then breaks to a steep
pitch (almost vertical) above the exterior wall.
The roof over the largest volume of the house.
The roof(s) over areas other than the largest volume of the
house.
A roof formed by a single, sloping plane from one end of
the building mass to the other.
Either the edge of the roof or the top of the parapet, whichever
forms the top line of the building silhouette. In regards to sign
placement, where a building has several roof levels, the pertinent
roofline or parapet shall be the one belonging to that portion of
the building on whose wall the sign is located.
A parabolic dish antenna, including its structural supports,
used for reception of various satellite television programming signals.
See "educational institution."
A building or group of buildings divided into separate compartments
used to meet the storage needs of individuals or small businesses.
The required minimum horizontal distance between a lot line
or the proposed right-of-way, whichever is more restrictive, and a
building, surface parking lot or structure as established by this
Code.
A line established by this Code generally parallel with and
measured from the lot line or the right-of-way, whichever is more
restrictive, defining the minimum distance a building, structure,
parking area or outdoor storage area shall be located from the said
lot or thoroughfare line, except as may be provided in this Code.
The setback required from any right-of-way and the principal
or accessory building as established in this Code.
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the front lot line. See § 25-46(k).
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the rear lot line. See § 25-46(k).
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and a lot that is shared with another lot where such lot line is defined as a side lot line. See § 25-46(k).
The leasing of any residential property for less than 30
consecutive days. This use includes, but is not limited to bed-and-breakfast
establishments and homes being rented through services such as AirBnB,
VRBO, HomeAway, etc.
That portion of the road right-of-way, easement, or private
property that is improved for the use of pedestrian traffic by the
general public.
The review of proposed site plans as reviewed and decided upon in accordance with § 25-19.
An establishment providing loans to individuals in exchange
for personal checks or personal goods as collateral or that exchanges
common currencies, sells money orders or cashier's checks, and cashes
checks as its principal business activity. This shall not include
a financial institution.
A wind electric system made up of a wind turbine mounted on a tower or building. See § 25-51.
Systems that convert the energy from sunlight into electricity,
either directly through photovoltaics, indirectly using concentrated
solar power, or a combination.
The review of special uses as reviewed and decided upon by the City Council in accordance with § 25-20.
An area of a yard that is permanently improved and surfaced
for the recreational use of the property owner for games, such as
tennis, basketball, racquetball, and similar sports.
Small accessory basketball hoops, sport nets, goals, etc.,
not related to a sport court by which occupants of the principal use
can play sports.
The placement, keeping or retention of equipment, materials,
goods, or products for intermittent use or subsequent distribution
or transfer. Uses include distribution warehouses, cold storage plants,
and other storage facilities. Uses shall be conducted entirely indoors
unless otherwise authorized by a special use permit.
The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above, and having a height consistent with the requirement of occupiable space as defined in the residential building code. Determination of the number of stories is per § 25-46(j).
The story of a building at or nearest the ground level that
provides the main pedestrian access to the building from the nearest
adjacent right-of-way.
A space under a sloping roof that is measured and further defined and illustrated in § 25-48(c)(2).
A general term denoting a public or private way that affords
the principal means of vehicular access of abutting property. The
term includes all facilities that normally occur within the right-of-way;
it shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, and/or
court, but shall not include an alley, driveway, common driveway,
driveway easement, or a pedestrianway.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
Collector streets are designed to collect and distribute
traffic between minor/local streets and between other minor/local
street streets and other collector or major streets. A residential
collector street is a collector that is located within the R-1, R-2,
R-3, R-4, and R-MM Districts. A nonresidential collector street is
a collector street that is located in all other zoning districts.
A minor/local street of relatively short length with one
end open to traffic and the other end permanently terminating in a
vehicular turnaround.
A street temporarily having only one outlet for vehicular
traffic and that may be intended to be extended or continued in the
future.
A street designed or used primarily for high vehicular speeds
or heavy volumes of traffic on a continuous route. The following streets
are hereby designated as major streets: Kirkwood Road, Big Bend Road,
Manchester Road, Geyer Road, Adams Avenue, Dougherty Ferry Road, Woodlawn
Avenue, Leffingwell Avenue, Ballas Road, Essex Avenue, Marshall Road,
and any street with an average daily traffic of 5,000 vehicles.
A street designed primarily for providing access to individual
lots within residential and nonresidential districts with the lowest
traffic volumes of all street types. A residential minor/local street
is a minor/local that is located within the R-1, R-2, R-3, R-4, and
R-MM Districts. A nonresidential minor/local street is a minor/local
street that is located in all other zoning districts.
For lots that have multiple street frontages, the primary
street is the street adjacent to the narrower lot frontage.
An area set aside to provide access for vehicular traffic
within a development that is not dedicated or intended to be dedicated
to the City and that is not maintained by the City.
An avenue, highway, road, thoroughfare, boulevard, parkway
or other street proposed for vehicular traffic, including any existing
state, county, or City street or way shown upon a plat heretofore
duly approved, filed and recorded in accordance with this Code. Included
in this definition is the land between the street right-of-way lines,
whether improved or unimproved, and may comprise pavement, shoulder,
gutters, sidewalks, division strips or other areas within the street
lines.
For lots that have multiple street frontages, the secondary
street shall be all streets that do not serve as the primary street
frontage for the lot.
The continuation of the building massing of the primary facades
at the front of the site helps to create the street wall. Effective
streetscapes have a consistent front setback, are pedestrian friendly,
and are not largely concealed or interrupted by parking.
Anything constructed or erected on the ground or attached
to something having location on the ground, including, but not limited
to, buildings, factories, sheds, detached garages, freestanding signs,
and other similar items. Garden decorations, outdoor furniture, and
paved surfaces shall not be deemed structures.
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
A structure or portion thereof, lawfully existing on the
effective date of this Code, or amendments thereto, and which does
not conform to the provisions of the Code in the district in which
it is located.
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity commencing proceedings
under this Code to affect a subdivision of land hereunder for themselves
or for another.
A modification to any of the public improvement or subdivision design standards required in this Code, as authorized by the Planning and Zoning Commission and City Council in accordance with § 25-27(i).
Any pool, lake, or open tank, primarily used for swimming
or wading, not located within a completely enclosed building and containing
or normally capable of containing water to a depth at any point greater
than one foot. Such use shall be designed, used, and maintained for
swimming or wading by the residents, tenants, or occupants of the
subject property.
An establishment whose activity, either in terms of operation
or as held out to the public, includes the practice of placing designs,
letters, figures, symbols, or other marks upon or under the skin of
any persons; using ink or other substances that result in the permanent
coloration of skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
A mobile home, trailer, dumpster, or similar temporary structure
that is used as an office, storage, or collection of debris in conjunction
with a construction project.
A building for housing arts activities, including but not
limited to dramatic presentations, stage entertainment, motion-picture
shows, or visual arts exhibits.
A business establishment that is dedicated, in whole or primarily,
to the sale of tobacco, vapor products, and related goods.
A structure designed for the support of one or more antennas
and including guyed towers, self-supporting (lattice) towers, or monopoles,
but not disguised support structures or buildings. The term shall
also not include any support structure under 55 feet in height owned
and operated by an amateur radio operator licensed by the Federal
Communications Commission.
In order to be in keeping with the context of other brick
masonry buildings within Kirkwood a traditional unit size should be
used. A traditional masonry unit size (standard/modular/norman) will
result in three courses being equal to approximately eight inches
in height for the vertical coursing.
A connecting facility where carriers transfer shipments and
rearrange trucks.
Platforms and paved surfaces that may or may not be under
roof and which do not have walls, including screened walls, but may
have knee walls or railings. Patios may be attached to a building
or may stand alone on a lot whereas unenclosed porches and decks typically
extend out as an attachment to a house or other building.
Any purpose for which a lot, building, or other structure,
or a tract of land may be designated, arranged, intended, maintained,
or occupied; or any activity, occupation, business, or operation carried
on or intended to be carried on in a building or other structure or
on a tract of land.
A use located on the same lot with the principal use of building
or land, but incidental and subordinate to and constructed subsequent
to the principal use of the building or land.
Any building or land lawfully occupied by a use that was
in accordance with the zoning regulations, if any, in existence when
the use commenced and which, through subsequent enactments or changes
of zoning regulations, either prior to the passage of this Code or
by the passage of this Code or amendments thereto, does not conform
or did not conform thereafter with the use regulations of the district
in which it is situated.
The main use of land or buildings as distinguished from subordinate
or accessory uses. A principal use may be either permitted, permitted
with standards, or permitted through a special use permit.
A use that may be appropriate or desirable in a specified zoning district, but requires special approval through the special use permit procedure (See § 25-20.) because, if not carefully located or designed, it may create special problems.
Electrical facilities that act as an interface between parts
of the distribution grid and transmission systems. A substation often
transforms voltage from high to low, or the reverse, and is completely
surrounded by fencing to prevent unauthorized access.
Any noncombustible product that may or may not contain nicotine
that employs a heating element, power source, electronic circuit,
or other electronic, chemical or mechanical means, regardless of shape
or size, that can be used to produce vapor from nicotine in a solution
or other form. Vapor product includes any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device and any other form that is intended to be used with or in an
electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device. Vapor product does not include
any alternative nicotine product or tobacco product.
A modification of the strict terms of these regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of these regulations would result in a practical difficulty. See § 25-24.
An establishment primarily engaged in the sale, lease, or
rental of vehicles, including incidental servicing and outdoor display/storage
of vehicles for sale. Vehicles shall include, but not be limited to,
cars, boats, farm machinery, motorcycles, ATVs, golf carts, RVs, and
trailers. Said establishment may include major/minor vehicle repair
and/or vehicle wash facilities if approved as a special use. Establishments
that conduct operations entirely indoors and do not utilize outdoor
display or storage of products shall be treated as retail establishments,
as defined herein.
A building or portion thereof containing facilities for washing,
waxing, drying, polishing, or vacuuming private automobiles, light
trucks, and vans, but not commercial fleets. Coin-operated devices
operated on a self-serve basis shall be construed to be the same.
Said operation may contain outdoor activity if permitted in an associated
special use permit.
The entire paved area that encompasses all parking spaces,
loading spaces, queuing spaces, and the access drives that provide
access to those spaces but that does not include the entry drive or
driveway with no direct access to a parking space, queuing space,
or loading space.
An antechamber, hall, or lobby of a multifamily dwelling
that has a roof and may be fully enclosed with walls or unenclosed
with knee walls or railings.
The failure of a structure or other development to be fully
compliant with these regulations.
An architectural partition with a height and length greater
than its thickness; used to divide or enclose an area or to support
another structure.
Any waterway or other body of water having well-defined banks,
including rivers, streams, creeks, and brooks, whether continually
or intermittently flowing; and lakes and ponds; and/or as shown on
the official Flood Insurance Map that accompanies the Flood Insurance
Study for the City.
Establishments that sell goods in bulk or large quantities
to other businesses or establishments for the retail sale to others.
See "small wind-energy system."
Equipment and buildings needed to make cellular communications
possible, including towers, antennas, and associated electronic equipment.
An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Code. See § 25-46(k) for rules of measurement and determination for all yard types.
Unless otherwise stated in § 25-46(k), a front yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. Said space may be occupied by steps, walks, terraces, driveways, lampposts, and similar structures.
Unless otherwise stated in § 25-46(k), a rear yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. Said space may be occupied by steps, walks, terraces, driveways, lampposts, and similar structures.
Unless otherwise stated in § 25-46(k), a side yard is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
A section of the City for which uniform regulations governing
the use, height, area, and intensity of use of buildings and land,
and open spaces about buildings, are herein established.
A map entitled "Kirkwood, Missouri, Zoning District Map,"
dated as of the effective date of this Code and forming a part hereof
which sets forth the zoning classifications of the various areas of
the City. Said map shall be amended whenever the zoning classification
of any area of the City is changed.
Nonresidential zoning districts shall include the B-1, B-2,
B-3, B-4, B-5, I-1, and F-1.
Residential zoning districts shall include the R-1, R-2,
R-3, R-4, R-MM, R-5, and R-6.
