The following words and terms,
wherever they occur in this Chapter, shall be construed as herein
defined.
ABANDONMENT
When the use of a property has ceased and the property had
been vacant for one hundred eighty (180) days, abandonment of use
will be presumed unless the owner can show that a diligent effort
has been made to sell, rent or use the property for legal permissible
use.
ABUTTING
Having a common border with or being separated from such
common border only by an alley, easement or right-of-way.
ACCESS
The place or way through which pedestrians and/or vehicles
shall have safe, adequate and usable ingress and egress to a property
or use as required by this title.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental
to and located on the same lot occupied by the main use or building,
such as a detached garage.
ACCESSORY USE
A use conducted on the same lot as the primary use of the
structure to which it is related; a use that is clearly incidental
to, and customarily found in connection with, such primary use.
AGING IN PLACE
A person living in the residence of their choice, for as
long as they are able, as they age. This includes being able to have
any services (or other support) they might need over time as their
needs change.
AGRICULTURE
The planting, cultivating, harvesting and storage of grains,
hay or plants commonly grown in Clay and Ray Counties. The raising
and feeding of livestock and poultry shall be considered agriculture
if the area in which the livestock or poultry is kept is a part of
an ownership of ten (10) acres or more, the primary use of which is
row crops or grazing. Stock yards, sale of machinery, feed lots, grain
elevators and similar commercial operations shall not be included
in this definition.
AIRPORT
Any premises which are used, or intended for use, for the
landing and take-off of aircraft; and any appurtenant areas which
are used, or intended for use, for airport buildings or other airport
structures or right-of-way, together with all airport buildings and
structures located therein.
ALLEY
A right-of-way with a width not exceeding twenty-four (24)
feet which affords a secondary means of access to abutting property.
ALTERATION
Any addition, removal, extension or change in the location
of any exterior wall of a building.
ANIMAL HOSPITAL
Any building, or portion thereof, designed or used for the
care, observation, or treatment of domestic animals.
ANTENNA
Any structure or device used to collect or radiate electromagnetic
waves for the provision of wireless services, including, but not limited
to, cellular, paging, personal communications services (PCS), internet,
and microwave communications. Such structures and devices include,
but not limited to, directional antennae, such as panels, microwave
dishes and satellite dishes, and omni directional antenna.
APARTMENT
A room or suite of rooms within an apartment house arranged,
intended or designed as a place of residence for a family.
AUTOMATIC CAR WASH
Any building, or portion thereof, where motor vehicles are
washed using a conveyor, blower, steam-cleaning equipment, or other
mechanical device of production-line nature.
BANNER
Any sign made of cloth, paper, flexible plastic, or fabric
with only such material for backing, bearing a slogan or design, hung
in a public place, or carried in a demonstration or procession.
BASEMENT
A portion of a building located partly underground, but having
more than half (1/2) its floor-to-ceiling height below the average
grade of the adjoining ground.
BED AND BREAKFAST ESTABLISHMENT
A business operated from the owner's primary residence, providing
rooms therein for overnight accommodation, serving no meals other
than breakfast. Limited events such as small weddings and business
meetings may be held on the premises, with no more than one (1) luncheon
setting or comparable light meal service.
BILLBOARD
A permanent structure sign which is used for the display
of off-site commercial messages. It is located outdoor for the purposes
of advertisement, and typically found in high-traffic areas.
BLIGHTED AREA
An area which, by reason of the predominance of defective
or inadequate street layout, unsanitary or unsafe conditions, deterioration
of site improvements, improper subdivision or obsolete platting, or
the existence of conditions which endanger life or property by fire
and other causes or combination of such factors, retards the provision
of housing accommodations or constitutes an economic or social liability
of a menace to the public health, safety, morals, and welfare in its
present condition or use.
BLOCK
A tract of land bounded by streets or by a combination of
one (1) or more streets and public parks, cemeteries, railroad right-of-way,
or shore lines of waterways or corporate boundary lines.
BOARDING OR LODGING HOUSES
A residential building containing one (1) of more rooms which
have no cooking facilities and which are occupied by persons other
than members of the immediate family, and which may or may not include
meals.
BUILDING
Anything constructed for shelter or enclosure of person,
animals, chattels, or movable property of any kind and which is permanently
affixed to the land.
BUILDING HEIGHT
The vertical distance measured from the average finished
grade adjoining the building to the highest point of the underside
of the ceiling beams, in the case of a flat roof; to the deck line
of a mansard roof; and to the mean level of the underside of the rafters
between the eaves and the ridge of a gable, hip, or gambrel roof.
Chimneys, spires, towers, elevator penthouses, tanks, and similar
projections shall not be included in calculating the height.
BUILDING PERMIT
A document of authorization issued by a local government
when an individual or company wants to build a new structure or begin
construction on an existing structure for expansion or repair.
BUILDING, DETACHED
A single dwelling not attached to any other dwelling or structure
(except its own garage or shed). A building with walls and a roof.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is located.
BUILDING, RESIDENTIAL
A building arranged, designed, used or intended to be used
for residential occupancy by one (1) or more families.
BUILDING, TEMPORARY
Any building not designed to be permanently located, placed,
or affixed in the place where it is situated.
BULK
A composite characteristic of a given building as located
upon a given lot, not definable as a single quantity, but involving
all of the following characteristics:
1.
Size and height of building;
2.
Location of exterior walls at all levels in relation to lot
lines, streets, or to other buildings;
3.
Gross floor area of the building in relation to lot area (floor
area ratio);
4.
All open spaces allocated to the building; and
5.
Amount of lot area provided per dwelling unit.
BUSINESS
An occupation, employment, or enterprise which occupies time,
attention, labor, and materials, or wherein merchandise is exhibited
or sold or where services are offered.
CALIPER
A measurement of size of a shade tree, that being the diameter
of the trunk measured one (1) foot above the ground surface or top
of earth ball.
CAMPGROUND
An area of land, including supporting sanitary and other
facilities, for the overnight or temporary parking of recreational
vehicles and other modes of sleeping while traveling by auto.
CANOPY
A roofed structure constructed of fabric or other material
supported by the building or by support extending to the ground directly
under the canopy placed so as to extend outward from the building,
providing a protective shield for doors, windows and other openings.
CARPORT
A roofed accessory attached or detached structure, primarily
used for parking motor vehicles, that is open on at least one side.
It is a covered parking structure that is used to protect vehicles
from rain, snow, hail, and dust. A carport may be attached to a home
in place of a garage, or it may be built as a freestanding structure.
CERTIFICATION OF APPROPRIATENESS (COA)
The approval statement signed by the Historic Preservation
Committee certifies the historical appropriateness of a proposed alteration
to, construction of an addition to, or demolition (partial or complete)
of a landmark or property in a historic district. The issuance of
a Certificate of Appropriateness authorizes the issuance of a building
permit.
CLUB OR LODGE, PRIVATE
An association of persons who are bona fide members, paying
dues, and being generally restricted to members and their guests.
CLUSTER HOUSING
The site planning technique of grouping dwelling units around
courts, parking areas, common open spaces, and private drives as opposed
to fronting all on a public street.
COMMERCIAL
Pertaining to the buying and selling of goods and services.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 23-11-05, 11-6-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(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.
[Ord. No. 23-11-05, 11-6-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process,
package, store on- or off-site, sell, transport to or from, and deliver
marijuana, marijuana seeds, marijuana vegetative cuttings (clones),
marijuana-infused products, and drug paraphernalia used to administer
marijuana as allowed by applicable law to a qualifying patient or
primary caregiver, as defined by law, 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 applicable laws 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 Article XIV of the Missouri Constitution and provided
for by general or local law. A comprehensive marijuana dispensary
facility’s authority to process marijuana shall include the
creation of prerolls.
[Ord. No. 23-11-05, 11-6-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department 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.
[Ord. No. 23-11-05, 11-6-2023]
COMPREHENSIVE PLAN
One or more documents approved by the council set forth goals,
objectives, and policies for the city and neighborhoods. Goals and
policies which have been adopted, or as they may be expanded or amended,
are to serve as a guide for decisions by the Planning Commission and
the Council on a variety of subjects, including, but not limited to,
initial zoning, rezoning, conditional uses, growth and development,
transportation, parks and open spaces, capital improvements, and cultural
arts.
CONDOMINIUM
A type of ownership whereby portions of a building are separately
owned under the Condominium Statutes of the State of Missouri.
CONGREGATE LIVING
A style of living whereby senior adults reside in separate
sleeping quarters but utilize common dining and recreational facilities.
CONSTRUCTION SIGN
Any sign used to identify the architects, engineers, contractors
or other individuals or firms involved with the construction of a
building and announce the character of the building or the purpose
for which the building is intended.
COUNTRY INN
A limited accommodation facility, situated on a parcel of
not less than five (5) acres, offering not less than five (5) nor
more than fifteen (15) rooms for overnight lodging, with an owner
or manager residing on or adjacent to the site. Meals may be served
to overnight guests and to the general public, including alcoholic
beverage service under separate license for the same, with dining
facilities for no more than fifty (50) patrons. Events such as weddings
and business meetings may be held on the premises, within the same
limitations.
COURT
An open, unoccupied space, other than a yard, bounded on
three (3) or more sides by exterior walls of a building, or by exterior
walls and lot lines on which walls are allowable.
COVENANT
A property covenant is an agreement between two (2) or more
parties regarding certain uses of a piece of real property. The covenant
will either benefit or burden the landowner.
CULTIVATION
As related to activity authorized pursuant to Article XIV
of the Missouri Constitution and all rules and regulations issued
by the Missouri Department of Health and Senior Services, the process
by which a person, business or legal entity promotes the germination
and growth of a seed to a mature marijuana plant.
[Ord. No. 23-11-05, 11-6-2023]
CURB LEVEL
The level of the established curb in front of a building
or structure measured at the center of such front. Where no curb level
has been established, it shall be deemed to be the established level
of the center line of the street surface in front of a building or
structure measured at the center line of such front.
DAY CARE CENTER
A building wherein children not being of the same family,
are kept during portions of the day when the children's parents are
employed or otherwise occupied elsewhere.
DECIBEL
A unit of measurement of the intensity (loudness) of sound.
As used in this Chapter decibel levels shall be measured on the "A
Scale" and referred to as "dB (A)."
DENSITY
The number of dwelling units that are allowed on an area
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
DESIGN
A drawing or outline made for the construction, modification,
demolition, relocation, use or reuse of a building, which shows essential
particulars of the various parts, dimensions and symbols of materials,
and functions of the building sufficiently complete for such purpose.
DEVELOPABLE LAND
Land which is appropriately zoned, has access to all necessary
utilities and has access to publicly dedicated streets.
DEVELOPMENT
Any manmade change to unimproved property including, but
not limited to, grading, drilling, excavation, filling, paving, installation
of utilities or landscaping, and the construction of structures, retaining
walls and fences.
DEVELOPMENT PLAN
A document which provides planners with guidelines to follow
during the development assessment process.
DOG KENNEL
Any premises where three (3) or more dogs are owned, boarded,
bred, and/or offered for sale.
DRIVE-IN ESTABLISHMENT
A place of business operated for the retail sale of food
and other goods, services, or entertainment; where patrons may be
served or otherwise conduct their business while remaining in the
motor vehicle which is parked in a space provided on the premises.
DRIVE-THRU SERVICES
Any business wherein a patron is served through a window
or other device while remaining in a motor vehicle and where products
served to persons in a vehicle are not normally consumed on the premises.
DRIVEWAY
A private access road, the use of that is limited to persons
residing, employed, or otherwise using or visiting the parcel in which
it is located.
DUMP
A lot or land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning or storage of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles, or parts thereof,
or waste material of any kind.
DWELLING
A building or portion thereof intended for occupancy for
residential purposes but not including hotels, motels, rooming houses,
nursing homes, tourist homes, motorhomes or recreation vehicles.
DWELLING UNIT
One (1) or more rooms constituting all or part of a dwelling
and which are arranged, designed, used, or intended for use exclusively
as a single housekeeping unit for one (1) family, and which includes
cooking, living, sanitation, and sleeping facilities.
EASEMENT
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
EMINENT DOMAIN
The power of the government to take private property and
convert it into public use.
FAIR MARKET RENT
A gross rent estimate that includes base rent, as well as
any essential utilities that the tenant would be responsible for paying,
such as gas or electric. Fair market rent is generally calculated
as the 40th percentile or gross rents for regular, standard quality
units in a local housing market.
FAMILY
One (1) or more persons, each related to the other by blood,
marriage, or legal adoption, or group of not more than four (4) persons
not so related, and maintaining a common household and using one (1)
set of kitchen facilities in a dwelling unit. A family may include
not more than two (2) roomers, boarders, or permanent guests not a
part of a common household, whether or not gratuitous.
FARMING
A tract of land, usually with a house, barn, or silo on which
crops and often livestock are raised for livelihood.
FENCE — SOLID
A fence, including solid entrance and exit gates, which effectively
conceals from viewers in or on adjoining properties, streets, alleys
or public ways, materials stored and operations and activities conducted
behind it.
FLOOR — TOTAL AREA
The sum of the gross horizontal areas of all floors in a
building, measured in square feet, including the basement floor, measured
from the exterior faces of the exterior walls or from the center line
of walls separating two (2) buildings. The floor area of a building
shall also include elevator shafts and stairwells at each floor; floor
space used for mechanical equipment; penthouses; attic space having
headroom of seven (7) feet ten (10) inches or more; interior balconies
and mezzanines; enclosed porches; and floor devoted to accessory uses,
provided that any space devoted to off-street parking or loading shall
not be included in the total floor area.
FLOOR AREA FOR THE PURPOSE OF DETERMINING OFF-STREET PARKING
REQUIREMENTS
The total floor area of the building, expressed in square
feet, measured from the exterior surface of outside walls, and including
mezzanines, upper floors, whether finished or not, from which is subtracted
the floor area of washrooms, elevator shafts, stairways, mechanical
room and any permanent shopping center malls.
FLOOR AREA RATIO
The numerical value obtained through dividing the floor area
of a building or buildings by the area of the lot on which such building
are located.
GARAGE — DETACHED
A free standing "accessory building" as defined above which
is not a part of the principal structure, but is accessory to a principal
structure. A "detached garage" may not be a principal structure or
be allowed on a lot or parcel in a residential district where no principal
structure is located.
GARAGE — PRIVATE
An accessory building or an accessory portion of the principal
building, including a carport, which is intended for and used for
storing of private passenger vehicles of the persons, family, or families
using the premises; as well as the storage of boats, campers, and
recreational vehicles; and except carports for legally permitted hobby
and craft pursuits of the persons, family or families using the premises.
GARAGE — STORAGE
A building or premises used for housing motor vehicles pursuant
to previous arrangements and for duration greater than three (3) days.
GARBAGE
Household waste or rubbish which consists of leftover food,
fruit, vegetable peels, fallen leaves of potted plants, waste paper,
unwanted plastic objects, glass articles, metal objects, old wooden
objects, rags, discarded shoes, sewage.
GARDEN APARTMENTS
An apartment building located on a lot, either singly or
together with other similar apartments buildings, generally having
a low density of population and having substantial landscaped open
space adjacent to the dwelling units.
GRADE
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five (5)
feet from the building.
GROUND FLOOR AREA (GFA)
The lot area covered by a building measured from the exterior
faces of exterior walls, but excluding open terraces or open porches,
garages or carports.
GROUP HOME
Any home in which eight (8) of fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as house parents or guardians who need not to be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
GUEST – PERMANENT
A person who occupies or has the right to occupy, a residence
or dwelling accommodation for a period of thirty (30) days or more.
HAZARDOUS MATERIAL
Are substances or chemicals that pose a health hazard, a
physical hazard, or harm to the environment.
1.
Ignitable. A gas, liquid, or solid which may cause fires through
friction, absorption of moisture or which has low flash points.
2.
Carcinogenic. A gas, liquid or solid which is normally considered
to be cancer causing or mutagenic.
3.
Explosive. A reactive gas, liquid or solid which will vigorously
and energetically react uncontrollably if exposed to heat, shock,
pressure or combinations thereof.
4.
Highly Toxic. A gas, liquid or solid so dangerous to man as
to afford an unusual hazard to life.
5.
Moderately Toxic. A gas, liquid or solid which through repeated
exposure or in a single large dose can be hazardous to man.
6.
Corrosive. Any material, whether acid or alkaline, which will
cause severe damage to human tissue or, in case of leakage, might
damage or destroy other containers of hazardous materials and cause
the release of their contents.
HAZARDOUS WASTE
A waste with properties that make it dangerous or capable
of having harmful effect on human health or the environment.
HOME OCCUPATION
Any gainful occupation, business, or profession conducted
in a dwelling by a member of the immediate family residing on the
premises.
HOTEL
A building containing lodging rooms, a common entrance and
lobby, halls and stairways, and which lodging rooms do not have doorways
opening directly to the outdoors except for emergencies; and where
more than fifty percent (50%) of the lodging rooms are for rent, with
or without meals, to transient guests for a continuous period of less
than thirty (30) days.
HOTEL – APARTMENT
A hotel, except more than fifty percent (50%) of the lodging
rooms are available for permanent guests.
HOUSEHOLD
The residential occupancy of a dwelling unity by a household
on a month-to-month or longer basis in structures with self-contained
dwelling units including kitchens.
INFUSED PREROLL
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. 23-11-05, 11-6-2023]
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, iron, steel, and other old or scrap
ferrous or non-ferrous material. Old things that have been thrown
away or that have little value. These items are typically in very
poor condition and damaged.
JUNK YARD
An open area where waste, used or second-hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled, or handled,
including, but not limited to, scrap iron and other metals, paper,
rags, rubber tires, and bottles. A junk yard includes an auto wrecking
yard, but does not include uses carried on entirely within enclosed
buildings, nor does it include an establishment engaged only in the
processing of scrap metal for the manufacture of steel on the same
premises.
KENNEL
A facility in which four (4) or more household pets are temporary
housed, groomed, bred, boarded, or trained; and may also be incidentally
treated for medical conditions. Kennels includes for-profit facilities,
as well as not-for-profit or public facilities at which abandoned
or rescued animals are housed and offered for adoption. A commercial
operation that:
1.
Provides food, shelter, and care for more than three (3) dogs
of six (6) months of age or older for purposes not related to medical
care; or
2.
Regularly engages in the breeding of animals for sale.
LABORATORY
A building, or group of buildings, in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the principal investigative or research function.
LANDMARK
A property or structure designated as a "landmark" by the
City Council; which is worthy of rehabilitation, restoration, and
preservation because of its historic and/or architectural significance
to the city.
LANDSCAPING
The bringing of the soil surface to a smooth finished grade,
installing sufficient trees, shrubs, ground cover and grass to soften
building lines, provide shade and generally produce a pleasing visual
effect of the premises.
LODGING ROOM
A room rented as sleeping and living quarters, but without
cooking facilities, and with or without an individual bathroom. In
a suit of rooms, each room shall be counted as one (1) lodging room.
LOT
A parcel of land occupied by, or intended for occupancy by,
one (1) principal building, unified groups of buildings or principal
uses, and having access to a public street. A lot may be one (1) of
more platted lots, or tract or tracts as conveyed, or parts thereof.
LOT — REVERSED CORNER
A corner lot where the side lot line adjoining a street is
substantially a continuation of the front line of the first lot to
its rear.
LOT — THROUGH
An interior lot having frontage on two (2) streets.
LOT — WIDTH
The horizontal distance between side lot lines, measured
at the front building line.
LOT AREA
The area of a horizontal plane bounded by the vertical planes
through front, side, and rear lot lines.
LOT CORNER
A lot situated at the junction of, and abutting on two (2)
or more intersecting streets. A corner lot shall be deemed to front
on that street on which it has its least dimension unless otherwise
specified by the Building Official.
LOT DEPTH
The average horizontal distance between the front lot line
and the rear lot line of a lot measured within the lot boundaries.
LOT LINE
A property boundary line of any lot.
LOT LINE — FRONT
That boundary line between a lot and the street on which
it fronts.
LOT LINE — REAR
That boundary of a lot which is opposite and most distant
from and is approximately parallel to the front lot line. If the rear
lot line is less that ten (10) feet in length, or if the lot forms
a point at the rear, the rear lot line shall be deemed to be a line
ten (10) feet in length within the lot, parallel to, and at the maximum
distance from the front lot line.
LOT LINE — SIDE
Any boundary of a lot which is not a front or rear lot line.
MAINTENANCE
The activities necessary to prolong the useful life and aesthetic
appearance of a property. Maintenance on a historic structure focuses
on preventing the deterioration and decay of, and damage to, the structure.
MANUFACTURED HOME
A structure, constructed on or after June 15, 1976, in compliance
with the rules and definitions of the United States Department of
Housing and Urban Development, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
a permanent foundation when connected to the required utilities for
occupancy. The term "manufactured home" does not include recreational
vehicles.
MANUFACTURER
Every person, partnership, firm, corporation, association,
limited liability company, or other legal entity engaged in cultivation,
treating, processing, refining, improving, combining, fabricating,
assembling or otherwise adding to the utility value, or appearance
of commodities and other personal property, whether done on order
of for sale upon expected or anticipated demand or orders for the
manufactured goods. Comprehensive and medical marijuana cultivation
facilities and comprehensive and medical marijuana-infused products
manufacturing facilities are manufacturers.
[Ord. No. 23-11-05, 11-6-2023]
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, marijuana testing facility, comprehensive
marijuana-infused products facility, microbusiness wholesale facility,
microbusiness dispensary facility, or any other type of marijuana-related
facility or business licensed or certified by the Department, but
shall not include a licensed medical facility.
[Ord. No. 23-11-05, 11-6-2023]
MARIJUANA MICROBUSINESS FACILITY
A facility licensed by the Department as a microbusiness
dispensary facility or microbusiness wholesale facility, as defined
by law.
[Ord. No. 23-11-05, 11-6-2023]
MARIJUANA or MARIHUANA
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. 23-11-05, 11-6-2023]
MARIJUANA TESTING FACILITY
A facility certified by the Department to acquire, test,
certify, and transport marijuana, including those originally certified
as a medical marijuana testing facility.
[Ord. No. 23-11-05, 11-6-2023]
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. 23-11-05, 11-6-2023]
MEDICAL FACILITY
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility, as defined in this Section.
[Ord. No. 23-11-05, 11-6-2023]
MEDICAL MARIJUANA BUSINESS
A medical marijuana business shall be defined as any of the
following herein defined entities:
1.
Medical marijuana cultivation facility.
2.
Medical marijuana dispensary facility.
3.
Medical marijuana-infused products manufacturing facility.
4.
Medical marijuana testing facility.
5.
Any other entity currently or hereafter included in and regulated
by Article XIV, Section 1 of the Missouri Constitution.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, and marijuana vegetative cuttings
(also known as "clones") to a medical marijuana dispensary facility,
medical marijuana testing facility, medical marijuana cultivation
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.
[Ord. No. 23-11-05, 11-6-2023]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process,
package, store on-site or off-site, sell, transport to or from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones"), marijuana infused-products, and drug paraphernalia
used to administer marijuana as provided for in this Section to a
qualifying patient, a primary caregiver, 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 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.
[Ord. No. 23-11-05, 11-6-2023]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department, 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 marijuana testing facility, or to another medical marijuana-infused
products manufacturing facility.
[Ord. No. 23-11-05, 11-6-2023]
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the Department to acquire, process,
package, store on- or off-site, sell, transport to or from, and deliver
marijuana, marijuana seeds, marijuana vegetative cuttings (clones),
marijuana-infused products, and drug paraphernalia used to administer
marijuana as allowed by law to a qualifying patient or primary caregiver,
as defined by law, or to a consumer, anywhere on the licensed property
or to any address as directed by the qualifying patient, primary caregiver,
or consumer and consistent with the limitations of Article XIV of
the Missouri Constitution 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 marijuana dispensary
facility’s authority to process marijuana shall include the
creation of prerolls.
[Ord. No. 23-11-05, 11-6-2023]
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the Department 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 (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 two hundred fifty (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. 23-11-05, 11-6-2023]
MOBILE HOME
A residential building, assembled in total or in not more
than three (3) sections at the factory, and transported over the road
on its own wheel carriage to a destination, and which may be moved
from one (1) destination to another.
MOBILE HOME PARK/SUBDIVISION
A tract of land having a system of utilities including water
supply, sanitary sewers, power and telephone, which utilities are
available to mobile homes which may be placed on the property on a
temporary or permanent basis for residential purposes.
MODIFY (MODIFICATION)
Any addition, deletion, or change, including the addition
or replacement of antennas, or any change to a structure requiring
a building permit or other governmental approval.
MOTEL or MOTOR HOTEL
A building containing lodging rooms having adjoining individual
bathrooms, and used primarily by transient guests traveling by motor
vehicle.
MOTOR VEHICLE
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys, or other public
ways.
MOTOR VEHICLE SALVAGE OR WRECKING YARD
Any area of land where three (3) or more inoperable motor
vehicles, or parts thereof, are stored in the open and are not being
restored to operation; or any land, building, or structure used for
the stripping, wrecking or storing of such motor vehicles, or parts
thereof and which may include sale of parts of vehicles.
MOTOR VEHICLE SERVICE STATION
Any building, or portion thereof, or premises used for dispensing
or offering for sale at retail any automotive fuels or oils, having
pumps and storage tanks thereon; or where battery, tire, and other
similar services are rendered, but only if rendered wholly within
the lot lines. When dispensing, sale or offering for sale is only
incidental to the conduct of a repair garage, the premises are classified
as repair garage. Motor vehicle service stations do not include open
sales lots or vehicle storage lots.
NAMEPLATE
A sign indicating the name and address of a building, or
the name of an occupant thereof and/or the practice of a permitted
occupation therein.
NOXIOUS MATTER
Material which is capable of causing injury or physical discomfort
to living organisms by chemical reaction or is capable of causing
detrimental effects upon the health or the psychological, social,
or economic well-being of human beings.
NURSING HOME
A residential establishment for the care of persons requiring
a continuous and moderate level of health care.
OCCUPY
When a person has ownership or possession of land, a room,
or a building that is actively living in or using it as a tenant owner.
OPEN SALES LOT
Any land used or occupied for the purpose of displaying,
buying or selling merchandise, passenger cars, trucks, motor scooters,
motorcycles, boats, monuments, or for similar items or for the storing
of same prior to sale.
OVERLAY DISTRICT
A district in which additional requirements act in conjunction
with the underlying zoning district(s). The original zoning district
designation does not change. An area of the city that have unique
qualities requiring special treatment or locations where special approaches
to development may be warranted.
PARCEL
A lot, parcel, block or other tract of land that is occupied
or may be occupied by a structure or structures or other use, and
that includes the yards and other open spaces required under the zoning,
subdivision or other development ordinances.
PARTICULATE MATTER
Material which is suspended in or discharged into the atmosphere
in finely divided form as liquid or solid at atmospheric temperature
and pressure.
PARTY WALL
A wall which is common to but divides contiguous buildings;
such a wall contains no openings and extends from its footing below
the finished ground grade to the height of the exterior surface of
the roof.
PAYDAY LOAN BUSINESS
The business of making loans for a period of thirty (30)
days or less in duration, intended to coincide with the period from
one (1) payday of the borrower to the next, and in principal amounts
of five hundred dollars ($500.00) or less.
PERFORMANCE STANDARD
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, or glare, heat, or
other effect generated by or inherent in the uses of land or buildings.
PERMIT
A type of authorization that must be granted by regulatory
body before the construction of a new or existing building can legally
occur.
PLANNED ZONING DISTRICT
The zoning designation of a lot or tract to permit that development
as is specifically depicted on plans approved in the process of zoning
that lot or tract.
PLANNING AND ZONING COMMISSION
The duly appointed advisory board having duties and jurisdiction
in the City of Excelsior Springs as set out in Missouri Statutes and
local ordinances and which board may be referred to herein as "Planning
Commission" or "Commission."
PLAT
A map representing a tract of land, showing the boundaries
and location of individual properties and streets.
PLAT, FINAL
A complete and exact subdivision plat, prepared for official
recording as required, to define property boundaries and proposed
streets and other improvements.
PLAT, PRELIMINARY
A preliminary plat for a subdivision shall be a formal plan,
drawn to scale, indicating prominent existing features of a tract
and its surroundings and the general layout of the proposed subdivision
and its relationship to the surrounding area.
PREROLL
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. 23-11-05, 11-6-2023]
PUBLIC UTILITIES AND FACILITIES
A structure or facility used by a public or quasi-public
utility agency to store, distribute, generate electricity, gas, telecommunications,
and related equipment, or to pump or chemically treat water. This
does not include storage or treatment of sewage, solid waste or hazardous
waste.
RECYCLING
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
REDEVELOPMENT AREA
An area designated by the City, in respect to which the city
has made a finding that there exist conditions which cause the area
to be classified as a blighted area, a conservation area, economic
development area, or a combination thereof.
REFUSE
Waste products resulting from human habitation or the conduct
of business or industry, except sewage.
REZONING
To reclassify (a property, neighborhood, etc.) as a belonging
to a different zone or being subject to different zoning restrictions.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street, highway,
walk, drainage or other purpose.
ROOMING HOUSE
A building, or portion thereof, containing lodging rooms
which accommodate persons who are not members of the keeper's family
and where lodging rooms or meals, or both, are provided for compensation.
SCREENING
A structure erected or vegetation planted as a screen designed
to conceal structures, materials and operations conducted behind it.
SENIOR ADULT
A person fifty-five (55) years of age or older.
SET BACK LINE
The minimum required distance between the property line and
building line.
SHED
A simple enclosed structure no one lives in that is physically
detached from the primary structure and primarily used for storage.
Typically, a shed is used for storing of garden tools.
SHORT TERM RENTAL
A permanent residential dwelling unit or any portion of such
dwelling unit, or a mixed residential and non-residential use within
the Central Business District, rented for occupancy for a period of
less than twenty-seven (27) consecutive calendar days, regardless
of whether a permanent resident is also present during the period
of occupancy.
[Ord. No. 24-01-02, 1-2-2024]
SIDEWALK
A concrete area, paralleling and usually separated from the
street, used as a pedestrian walkway.
SITE PLAN
A plan that outlines the use and development of any tract
of land.
SITE PLAN REVIEW
A process where the construction of new building, new additions,
and improvements are reviewed by City Staff for approval.
STORAGE
The word storage, stored or store when used in this Chapter
shall mean the keeping of materials, equipment or products of the
following nature:
1.
In Residential Districts the keeping of building materials,
industrial equipment, semi-trailer trucks, recreational vehicles and
equipment and similar items for a period of time longer than would
normally be involved in the day-to-day use or consumption of the same.
The keeping of motor vehicles, pickup trucks and similar vehicles
used for daily transportation by occupants of the premises; recreational
equipment and vehicles which are used one (1) or more times per month
for recreation purposes during the period of keeping on the premises;
and construction materials and equipment which are being used for
construction on the premises shall not be considered storage.
2.
In commercial and industrial districts, the keeping of merchandise,
raw materials, products or equipment which are a necessary part of
the sales, manufacturing or other activity on the premises.
STORY
The part of a building included between the surface of one
(1) floor and the surface of the floor above, or if there is no floor
above, that part of the building which is between the surface of a
floor and the ceiling next above. A top story attic is a half (1/2)
story when the main line of the eaves is not above the middle of the
interior height of such story. The first story is a half (1/2) story
when between fifty percent (50%) and seventy-five percent (75%) of
the area of its exterior walls are exposed to outside light and air
entirely above grade and which exterior walls contain windows or doors
permitting the entrance of daylight and outside air. When less than
fifty percent (50%) of the area of the walls of the first story is
exposed to outside light and air entirely above grade, that story
shall be classed as a basement and in the case of multiple-family
dwellings may not be occupied as a resident by other than a caretaker
or manager.
STREET
A right-of-way which affords a primary means of access to
abutting property.
STREET, ARTERIAL
A street or road of considerable continuity which serves
or is intended to serve as a principal trafficway between separated
areas or districts and which is the main means of access to the collector
street system, highways or expressways.
STRUCTURAL ALTERATION
Any change, other than incidental repairs, in the supporting
members of a building or structure such as bearing walls or partitions,
columns, beams, or girders.
STRUCTURE
Anything erected, the use of which requires more or less
permanent location on the ground, or attached to something having
permanent location on the ground.
TITLE LOAN BUSINESS
The business of lending money with the pledge of personal
property as collateral, evidenced by a certificate of title issued
by the State, and regulated under Sections 367.500 - 367.533, RSMo.,
as from time to time amended.
TRAILER — HAULING
A trailer, as defined above, and designed and normally used
for over-the-road transportation of belongings, equipment, merchandise,
livestock and other objects, but not equipped for human habitation.
TRAILER (ENCLOSED OR OPEN)
A vehicle, other than a mobile home, equipped with wheels
and normally towed over the road behind a motor vehicle.
TRAILER ADVERTISING
A trailer, as defined above, but carrying or having attached
thereto, a sign, billboard, lettering or other media for advertising
or announcing a business, premises or event.
TRANSPORTATION FACILITY
A facility certified by the Department to house operations
involving the transport of marijuana product to or from a marijuana
facility or medical facility; or to a qualifying patient, primary
caregiver, or consumer.
[Ord. No. 23-11-05, 11-6-2023]
USE — ACCESSORY
A subordinate use which is clearly and customarily incidental
to the principal use of a building or premises, and which is located
on the same lot as the principal building or use.
USE — NON-CONFORMING
Any use of a building or premises which on the effective
date of this Chapter does not, even though lawfully established, comply
with all of the applicable use regulations as set forth herein for
the Zoning District in which such building or premise is located.
USE — PERMITTED
Any building, structure, or use, which on the effective date
of this Chapter, complies with the applicable regulations governing
permitted uses in the Zoning District in which such building, structure,
or use is located.
USE — PRINCIPAL
The main use of land or buildings as distinguished from a
subordinate or accessory use.
USE
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, of for which it is occupied or
maintained.
UTILITY BUILDING
A free-standing accessory building in a Commercial or Industrial
District which houses secondary or incidental equipment or functions
of the principal use. Utility buildings are subject to all of the
Zoning and Building Code provisions of the Municipal Code of the City
of Excelsior Springs.
VACANT
A property or residential, commercial, industrial, or mixed-use
real property that has not been lawfully occupied and maintained,
actively marketed for rental, or under active construction for a continuous
period of forty-five (45) days or more, or, notwithstanding the foregoing,
any residential, commercial, or mixed-use property in which more than
half of the exterior windows or doors of a building are broken, boarded,
or without a functioning locking mechanism.
VARIANCE
A variance of or relief from a specific requirement in this
Chapter as applied to a specific property as approved by the Board
of Adjustment.
VIOLATION
When a property does not meet the regulations as governed
in the Zoning Ordinance and Regulations.
YARD
An open space on a lot which is generally unoccupied and
unobstructed from ground level to the sky, except as otherwise permitted
in this Chapter. A yard extends along a lot line to a depth or width
specified in the yard regulations for the district in which such lot
is located.
YARD — FRONT
A yard across the full width of the lot and extending back
from the front line to the front line of the main building.
YARD — REAR
The portion of the yard on the same lot with the principal
building and located between the rear line of the building and the
rear lot line extending for the full width of the lot.
YARD — SIDE
A yard extending along a side lot line between the front
and rear yards.
ZONING
The act or process of partitioning a City, Town, or Borough
into zones reserved for different purposes.
ZONING DISTRICTS
An area or areas within the City limits for which the regulation
and requirements governing use, lot and bulk of building and premises
are uniform.