City of Ozark, MO General Provisions

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 11-006 §1, 3-21-2011; Ord. No. 18-012, 3-19-2018; Ord. No. 19-061, 8-5-2019; Ord. No. 21-100, 12-6-2021]

In interpreting the meaning of the Chapter, the following general rules shall apply:

Words used in the present tense shall also include the future tense.

Words used in the singular number shall also include the plural and vice versa.

The word "shall" is always mandatory and not discretionary.

The word "may" is permissive.

The words "used" or "occupied" shall be construed to include "intended, designed or arranged to be used or occupied."

The word "person" is any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not-for-profit.

Where reference is made to the regulations, it shall be construed to mean the regulations as originally passed in this Chapter and all subsequent amendments, supplements and revisions.

Definitions.

ACCESSORY DWELLING UNIT

An attached or detached secondary housing unit on a single-family residential lot that contains a primary single-family housing unit.

[Ord. No. 23-028, 4-3-2023]

ACCESSORY STRUCTURE

A structure which:

Is subordinate to and serves a principal structure,

Is subordinate in area, extent or purpose to the principal structure,

Contributes to the comfort, convenience or necessity of occupants of the principal use, and

Is located on the same lot as the principal structure.

ACCESSORY USE

A use which:

Is subordinate to and serves a principal use,

Is subordinate in area, extent or purpose to the principal use,

Contributes to the comfort, convenience or necessity of occupants of the principal use, and

Is located on the same lot as the principal use.

ALLEY

A way which affords only a secondary means of access to property abutting thereon or which is less than thirty (30) feet wide.

ANNEXATION

To incorporate (territory) into an existing political unit such as a country, State, County or City.

APARTMENT

A room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are three (3) or more such rooms or suites.

APARTMENT HOUSE

See "DWELLING, MULTIPLE."

ARTERIAL, EXPRESSWAY AND MAJOR THOROUGHFARE

Provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.

BASEMENT

A story of a building, below entrance level, usually underground.

BED AND BREAKFAST

An owner occupied single-family residence that shall contain no more than five (5) guest rooms where short-term lodging, with or without meals, is provided for compensation.

BERM

An earthen mound consisting of ground cover designed to provide visual interest, screen undesirable views and/or decrease noise.

BOARD

The Board of Aldermen of Ozark, Missouri.

BOARDING HOUSE

A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons.

BUFFER YARD

A continuous landscaped area installed along the perimeter of a lot that provides a transition between adjoining property boundaries and/or different land uses.

BUILDING

Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

BUILDING, HEIGHT OF

The vertical distance from the grade to the highest point of the coping of the flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

CANOPY TREE

Usually a deciduous tree – rarely an evergreen – planted primarily for its high crown of foliage or overhead canopy.

CARPORT

An open-sided automobile shelter which is to be used as accessory to a principal structure.

CHILD CARE FACILITY

A dwelling or other place conducted or maintained by any person who advertises or holds himself/herself out as providing care for more than four (4) children during the daytime, for compensation or otherwise, except those operated by a school system or in connection with a business establishment as a convenience for its customers.

CITY PLAN

The Sketch Plan or City Plan or Comprehensive Plan of the City of Ozark whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the office of the County Recorder of Christian County. It may consist of several maps, data and other descriptive matter for the physical development of the City or any portion thereto; including any amendment, extension or additions thereof adopted by the Board of Aldermen indicting the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.

CLINIC, MEDICAL

Small private or public health facility that provides health care for ambulatory patients or clients in a community, run by medical specialists working in cooperation and sharing the same facilities.

COLLECTOR STREET

Provides traffic movement between residential and arterial streets and direct access to abutting properties.

COMMERCIAL

Any non-residential or industrial land use and/or zoning district, including, but not limited to, "C-2," "C-4" and "O-W."

CONCRETE BATCH PLANT

A manufacturing facility or property which includes a device that combines ingredients (including, but not limited to, sand, water, aggregate, rocks, gravel, fly ash, potash and cement) through use of buildings, mixers (either tilt-up, horizontal or both), cement batchers, aggregate batchers, conveyors, radial stackers, aggregate bins, cement bins, heaters, chillers, cement silos, batch plant controls and dust collectors. A portable/temporary concrete batch plant is one that has been established on a job site and/or specifically designated location and has been given a defined beginning and ending date for setup and removal of the plant.

CONDITIONAL USE

Subject to, implying or dependent upon a specific use of a property.

COVING

A method of urban planning used in subdivisions characterized by non-uniform lot shapes and home placement. When combined with winding roads, lot area is increased and road area reduced.

CUL-DE-SAC

A short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.

CULTIVATED LANDSCAPE AREA

Planted areas that are frequently maintained by mowing.

DWELLING

Any building or portion thereof which is designed for or used exclusively for residential purposes.

DWELLING, MULTI-FAMILY

Any residential structure consisting of three (3) or more separate dwelling units, including, but not limited to, zoning districts "R-3" and "R-4."

DWELLING, SINGLE-FAMILY

A building designed for or occupied by one (1) family and shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.

DWELLING, TWO-FAMILY

Any residential structure consisting of two (2) separate dwelling units, including, but not limited to, duplexes "R-2," patio homes "R1-P" or town homes.

EASEMENT

A grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies or private individuals.

ECOSYSTEM

A characteristic assemblage of plant and animal life within a specific physical environment and all interactions among species and between species and their environment.

EVERGREEN

A plant with foliage that persists and remains green year-round.

EXTERIOR STRUCTURAL ALTERATION

Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, that is visible from the exterior of a building or structure or any substantial change in the roof or in exterior walls of a building or structure.

FAMILY

A group of one (1) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel as herein defined.

FENCE

A structure and/or materials consisting of wood (rails and stakes), wire masonry, similar materials erected so as to provide a barrier or enclosure along the boundaries of a yard or lot.

FILLING STATION OR SERVICE STATION

Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair or spray painting.

FRONTAGE

All the property on one (1) side of a street between two (2) intersecting streets (crossing or termination) measured along the line of the street, or if the street is a dead end, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.

GARAGE, PRIVATE

An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

GARAGE, PRIVATE DETACHED

GARAGE, REPAIR

A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

GARAGE, STORAGE OR PARKING

A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.

GRADE

For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.

For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets.

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five (5) feet from a street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the City Engineer.

GROUND COVER

Plants, other than turf grass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity.

GROUP HOME

Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as 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.

HEDGE

A landscape barrier consisting of a continuous, dense planting of shrubs.

HOTEL

A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boarding house, a lodging house or an apartment which are herein separately defined.

INDUSTRIAL

Any non-residential or designated commercial land use and/or zoning district including "I-1."

INSTITUTION

A building occupied by a non-profit corporation or a non-profit establishment for public use.

INTERIOR PARKING LOT

The square footage of all areas within the parking lot's perimeter.

IRRIGATION SYSTEM

A permanent, artificial watering system designed to transport and distribute water to plants.

LAUNDROMAT

A business that provides home-type washing, drying or ironing machines for hire to be used by customer on the premises.

LIVE-WORK UNIT

A type of mixed-use development, combining commercial within the same structure as a residential living space for the business owner.

LOADING SPACE

A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

LODGING HOUSE

A building other than a hotel where lodging only is provided for three (3) or more but not more than twenty (20) persons.

LOT

A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place.

LOT OF RECORD

A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of the County of Christian, or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds prior to the adoption of this Chapter.

LOT, CORNER

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

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.

MANUFACTURED HOME

A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its own running gear and designed to be used as dwelling unit or units with or without a permanent foundation and bears a seal issued by the U.S. Department of Housing and Urban Development as defined in Section 700.010, RSMo. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

MARIJUANA-INFUSED PREROLL

Marijuana-infused preroll means 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. 23-010, 1-17-2023]

MARIJUANA-INFUSED PRODUCTS

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. 23-010, 1-17-2023]

MARIJUANA-INFUSED PRODUCTS LICENSED MANUFACTURING FACILITY

A 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, prerolls, and infused prerolls, to a facility licensed by the State of Missouri pursuant to Article XIV of the Missouri Constitution.

[Ord. No. 23-010, 1-17-2023]

MARIJUANA or MARIHUANA

Means cannabis indica, cannabis sativa, and cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana or marihuana do not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.

[Ord. No. 23-010, 1-17-2023]

MARIJUANA LICENSED CULTIVATION FACILITY

A 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 facility licensed by the State of Missouri pursuant to Article XIV of the Missouri Constitution.

[Ord. No. 23-010, 1-17-2023]

MARIJUANA LICENSED DISPENSARY FACILITY

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, and marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana pursuant to Article XIV of the Missouri Constitution to a qualifying patient, primary caregiver, as those terms are defined in Section 1 of Article XIV of the Missouri Constitution, or 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 Article XIV of the Missouri Constitution and as otherwise allowed by law, or to a facility licensed by the State of Missouri pursuant to Article XIV of the Missouri Constitution. Marijuana licensed 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.

[Ord. No. 23-010, 1-17-2023]

MARIJUANA LICENSED TESTING FACILITY

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

[Ord. No. 23-010, 1-17-2023]

MECHANICAL COMPONENT ASSEMBLY AND WAREHOUSING

An industrial use engaged in the purchase, cleaning, storage (including storage outside enclosed buildings), disassembly, reconditioning, assembly and/or the recycling of new and used mechanical, automotive and industrial parts and components. This use may engage in sales at wholesale, but shall in no case engage in on-site retail sales, and shall not be designed to attract retail customers to the premises.[1]

MINOR AND CUL-DE-SAC STREETS

Provides direct access to abutting properties generally eight hundred (800) feet or less in length and do not allow interconnection with adjoining streets.

MOBILE HOME

A transportable factory-built home, no more than twenty-two (22) feet in width and forty (40) feet in length, designed to be used as a residential dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974 which became effective June 15, 1976. Mobile homes do not bear a seal from the U.S. Department of Housing and Urban Development as defined in Section 700.010, RSMo.

MODULAR HOUSING

A dwelling unit made of one (1) or (usually) more modules built in a factory and erected on a foundation. A modular is often a two-story town house or a garden apartment. It meets building codes and is considered real property.

MOTOR COURT OR MOTEL

A building or group of buildings used primarily for the temporary residence of motorists or travelers.

MULCH

Non-living organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.

MULTI-USE

More than one (1) use of a structure or property as use is defined by the most current City of Ozark Code of Ordinances.

NON-CONFORMANCE

A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area, coverage or off-street parking requirements.

NON-CONFORMING USE

A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is located.

NURSING HOME

Adult Day Care Program. A group program designed to provide care and supervision to meet the needs of functionally impaired adults for periods of less than twenty-four (24) hours but more than two (2) hours per day in a place other than the adult's own home.

Residential Care Facility I. Any premises, other than a residential care facility II, intermediate care facility or skilled nursing facility which is utilized by its owner, operator or manager to provide twenty-four (24) hour care to three (3) or more residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility and who need or are provided with shelter, board and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation.

Residential Care Facility II. Any premises, other than a residential care facility I, an intermediate care facility or a skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four (24) hour accommodation, board and care to three (3) or more residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility and who need or are provided with supervision of diets, assistance in personal care, storage and distribution or administration of medications, supervision of health care under the direction of a licensed physician and protective oversight, including care during short-term illness or recuperation.

Intermediate Care Facility. Any premises, other than a residential care facility I, residential care facility II, an assisted living facility or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four (24) hour accommodation, board, personal care and basic health and nursing care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to three (3) or more residents dependent for care and supervision and who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility.

Skilled Nursing Facility. Any premises, other than a residential care facility I, a residential care facility II, an assisted living facility or an intermediate care facility, which is utilized by its owner, operator or manager to provide for twenty-four (24) hour accommodation, board and skilled nursing care and treatment services to at least three (3) residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility. Skilled nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four (24) hour a day care by licensed nursing personnel including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist and other nursing functions requiring substantial specialized judgment and skill.

Assisted Living Facility. A system of housing and limited care that is designed for senior citizens who need some assistance with daily activities but do not require care in a nursing home.

OPEN SPACE

All areas of natural plant communities or area replanted with vegetation after construction, such as revegetated natural areas, tree, shrub, hedge or ground cover planting areas and lawns.

OPEN SPACE – PUBLIC

Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites and other lands.

ORNAMENTAL TREE

A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

PARKING AREA

An open surfaced area used exclusively for the parking of motor vehicles.

PARKING LOT

An open surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles may be equipped, repaired, rented or sold.

PARKING SPACE

A portion of the parking lot set aside for the parking of one (1) vehicle.

PAVED SURFACE

A hardened surface consisting of asphalt concrete, chip and seal, Portland concrete, brick pavers and etc. Exposed rock surfaces are not considered to be paved surfaces.

PERIMETER, LANDSCAPING

A five (5) foot wide green space strip around the entire property, not including the landscaped street buffer requirement.

PLACE

An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

PLANNING AND ZONING COMMISSION

The official Planning and Zoning Body of the City of Ozark, Missouri.

PLANNING AND ZONING STAFF REPRESENTATIVE

The City Administrator or such other person designated by the Planning and Zoning Commission for matters pertaining to the subdivision of land.

PLANT COMMUNITY

A natural association of plants that are dominated by one (1) or more prominent species or a characteristic physical attribute.

PLANT SPECIES, PROHIBITED

Those plant species which are demonstrably detrimental to native plants, native wildlife, ecosystems or human health, safety and welfare.

PLANTING ISLAND

A nine (9) foot by nineteen (19) foot space protected by a concrete curb for the purpose of planting trees, shrubs and other landscaping treatments and vegetative ground cover.

POOL or SWIMMING POOL

Any structure, basin chamber, tank or other receptacle capable of containing an artificial body of water for the purpose of swimming, diving or recreational bathing and having a depth of more than eighteen (18) inches, whether located at ground level, above ground, below ground or indoors. Such terms shall include, but not be limited to, a permanent swimming pool, a permanent wading or reflection pool or a permanent hot tub or spa.

POOL or SWIMMING POOL, PRIVATE RESIDENTIAL

Any swimming pool located on private property under the control of a single homeowner or his/her tenant, the use of which is limited to members of his/her family, tenant's family and invited guests.

POOL or SWIMMING POOL, PUBLIC

Any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing, however owned or operated and regardless of whether a fee is charged for such use. Such term, includes, but is not limited to, a swimming pool owned or operated incident to a multi-family dwelling project, non-profit recreational facilities, hotels, as well as educational facilities.

PREROLL

Preroll means 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. 23-010, 1-17-2023]

PRESERVE AREAS

Vegetative areas required to be preserved by law.

PRIMARY USE

To be first in rank, importance or value in the use of a property.

PUBLIC SEWAGE SYSTEM

A system serving two (2) or more dwelling units and approved by the Missouri Department of Health and the Missouri Water Pollution Board.

PUBLIC WATER SUPPLY SYSTEM

A system serving two (2) or more dwelling units and approved by the Missouri Department of Health.

RECREATIONAL VEHICLE

Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation or vacation or one permanently identified as a travel trailer by the manufacturer of the trailer); pickup coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motor home (as a portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self-propelled vehicle); and camping trailer (as a canvas, material or metal folding structure mounted on wheels and designed for travel, recreation and vacation use).

RECREATIONAL VEHICLE PARK

Land used or intended to be used for occupancy by recreational vehicles for transient living purposes including the use of camping spaces for tents.

REDEVELOPMENT

The process of removing, replacing and/or remodeling an existing structure to the extent that a building and/or demolition/removal permit is required.

RESIDENTIAL ALLEY

Provides secondary means of access to abutting properties, less than thirty (30) feet width of right-of-way.

RESIDENTIAL STREET

Provides local traffic movement and direct access to abutting properties.

RETIRED

A retired designation indicates the City no longer uses this zoning classification but has kept the applicable language for reference.

[Ord. No. 23-028, 4-3-2023]

ROADWAY WIDTH OR SURFACE WIDTH

That portion of any street designated for vehicular traffic and, where curbs are paved, that portion of the street between the curbs.

ROOMING HOUSE

See "LODGING HOUSE."

SCREEN

A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements such as plants, berms, fences, walls or any appropriate combination of these.

SEAL

A device, label or insignia issued by the Missouri Public Service Commission, U.S. Department of Housing and Urban Development or its agent to be displayed on the exterior of a manufactured home or manufactured/modular unit. The seal signifies compliance in the design and construction of Federal Building Code and exempts the transportable structure from local building codes.

SHRUB

A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten (10) feet in height at its maturity.

STORY

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.

STORY, HALF

A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his/her family or by a family occupying the floor immediately below it, shall be deemed a full story.

STREET

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

STREET FRONTAGE LANDSCAPING

A strip of landscaping located adjacent to public right-of-way to help shield view of parked cars to passing motorists, creating a pleasing, harmonious appearance along the roadway.

STREET LINE

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

STREETS

The full width between the property lines bounding every way of whatever nature when any part thereof is open to use by the public as a matter of right for the purpose of vehicular traffic and whether designated as a street, highway, freeway, expressway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, circle or however otherwise designated.

STRUCTURAL ALTERATIONS

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, excepting such repair or replacement as may be required for safety of the building, but not including openings in bearing walls as permitted by existing ordinances.

STRUCTURE

Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.

STRUCTURE, PRINCIPAL

A structure or group of structures which are constructed or erected to be the primary use on a lot or parcel of land.

SUBDIVISION

The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

SUBDIVISION, MINOR

The division of a parcel of land into three (3) or less lots for the purpose of transfer of ownership or building development which does not include the creation of any new public streets, public water or sewer, or the installation of drainage improvements that impact an adjacent tract, parcel or lot.

THOROUGHFARE

A major street.

THOROUGHFARE PLAN

The official plan of highways, primary and secondary thoroughfares, parkways and other major streets including collector streets adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the office of the County Recorder of Christian County.

THOROUGHFARE — PRIMARY, SECONDARY

A major street so designated in the official thoroughfare plan.

TRAILER

A vehicle, other than a motor vehicle, designed or intended for use for dwelling purposes, whether or not such vehicle is attached to or resting on the ground or something having a location on the ground.

TREE

Any self-supporting woody perennial plant which has a caliper of two (2) inches or more and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches.

UNDERSTORY

Assemblages of natural low-level woody, herbaceous and ground cover species which exist in the area below the canopy of the trees.

USE

The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained for the legal enjoyment that consists in its employment, occupation, exercise or practice.

VEGETATION, NATIVE

Any plant species with a geographic distribution indigenous to all or part of the State of Missouri. Plant species which have been introduced by man are not native vegetation.

VIABLE

When referring to a tree, shrub or other type of plant, is a plant that, in the judgment of the Building Official, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.

WOODLANDS, EXISTING

Existing trees and shrubs of a number, size and species that accomplish the same general function as new plantings.

XERISCAPE

Landscape methods which conserve water through the use of drought-tolerant plants and planting techniques.

YARD

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

A yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the streets upon which the lot has a common boundary.

YARD, REAR

A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.

YARD, SIDE

A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereof.

ZONING CODE

The official zoning ordinance of the City of Ozark as set out in Title IV of this Code.

ZONING INSPECTOR

A person or persons designated by the City Administrator.

ZONING MAP

The official Zoning Map of Ozark, Missouri, such map being located in the office of the City Clerk.

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Editor's Note: The former definition of "medical marijuana," which immediately followed this definition, was repealed 1-17-2023 by Ord. No. 23-010.