[Ord. No. 390 §1, 12-11-1968; Ord. No. 446 §1, 1-11-1972; Ord. No. 93-981 §1, 12-21-1993; Ord. No. 1094 §1, 5-20-1997; Ord. No. 99-1125 §1, 3-16-1999; Ord.
No. 99-1126 §1, 3-16-1999; Ord. No. 99-1149 §1, 10-7-1999; Ord.
No. 2000-1169 §1, 7-18-2000; Ord. No. 2001-1200 §1, 7-17-2001; Ord.
No. 2002-1281 §1, 7-16-2002; Ord. No. 2003-1304 §1, 1-21-2003; Ord.
No. 2008-1567 §1, 4-22-2008; Ord. No. 2011-1672 §2, 11-15-2011]
For the purposes of this Chapter, certain terms and words are
herewith defined. Words used in the present tense include the future;
words in the singular number include the plural; and words in the
plural include the singular; the word "building" includes the word "structure", the word "shall" is mandatory and not directory.
ACCESSORY BUILDING
A subordinate building or portion of a main building, the use of which is incidental to, or customarily in connection with, that of the main building or to the main use of the premises. Such buildings include a pool house; detached garage; gazebo; yard or maintenance equipment storage building; shelters, coops, aviaries, or other outbuildings for the enclosure of chickens [as specified in and subject to the requirements of §
215.240(C)]; and other similar buildings.
[Ord. No. 2024-2030, 1-30-2024]
ACCESSORY STRUCTURE
A subordinate structure other than a building, but including
a swimming pool, handball or tennis court, permitted sign(s) or similar
structure, the use of which is incidental to, or customary in connection
with, that of the main building or to the main use of the premises.
BASEMENT
That portion of a building that is partly or completely below
grade (see STORY for when a basement is considered
a story).
BUILDING
A structure enclosed under a roof and designed or intended
for the support, enclosure, shelter or protection of persons, animals,
chattels or property. Buildings may be unenclosed, partially enclosed,
or fully enclosed by walls, but any structure enclosed under a roof
shall be classified as a building.
[Ord. No. 2024-2030, 1-30-2024]
BUILDING, HEIGHT OF
The vertical distance measured from the existing grade of
the lot prior to grading or demolition to the ridge for gable and
hip roofs and to the highest point of architectural features for other
roof styles, excluding chimneys, and for commercial structures, excluding
walls necessary to screen mechanical equipment. Existing grade may
not be altered, unless approved by the Building Commissioner and Architectural
Review Board for the purpose of sanitary sewer, stormwater improvement
or other significant hardship (but not for the purpose of creating
a walk-out basement).
BUILDING, MAIN
The primary building on a lot, which contains the main use
of the lot or premises.
[Ord. No. 2024-2030, 1-30-2024]
BUILDING, TEMPORARY
A non-permanent, movable building whose use is incidental
to construction or site improvement, and which is removed at such
time as construction or site improvement is completed or abandoned,
and includes construction trailers, portable restrooms, temporary
tool and material storage buildings and other similar buildings. Non-permanent,
movable buildings that are not incidental to construction or site
improvement but which are incidental to, or in connection with the
use of the main building or premises shall not be classified at temporary
buildings.
[Ord. No. 2024-2030, 1-30-2024]
CELLAR
A story having more than one-half (½) of its height
below the average level of the adjoining ground. A "cellar" shall not be counted as a story for purposes of height measurements.
CORNER LOT
A lot situated at the junction of two (2) or more streets
or places.
DISTRICT
One (1) or more sections of the City of Frontenac for which
the regulations governing the height, area and use of buildings and
premises are the same.
DWELLING
Any room or space with finished walls, electric and flooring
in a one-family dwelling that is intended to be used for eating, sleeping
or recreation.
FAMILY
1.
One (1) or more persons related by blood or marriage occupying
a premises and living together as a single housekeeping unit.
2.
No greater than two (2) adult persons unrelated by blood or
marriage, whether or not accompanied by a child or children related
by blood or marriage to at least one (1) of said adults, or by a foster
child or children of one (1) of said adults, or by a child or children
over whom one (1) of said adults has legal custody, and all said persons
living together as a single housekeeping unit.
3.
Either above Subsections
(1) or
(2) and no more than two (2) additional adults who reside at the premises and who are employed full-time as resident domestic employees.
For purposes of this Chapter, an "adult" shall
be defined as an individual eighteen (18) years of age or older.
|
FENCE
A structure and/or materials, other than plant material,
erected to provide a barrier or enclosure within or around a lot or
any portion thereof.
FENCE, SIGHTPROOF
A fence constructed with an opaque value of at least seventy
percent (70%).
FILLING STATION
Any building, structure or premises used for the dispensing,
sale or offering for sale of automobile fuels and oils. When such
dispensing, sale or offering for sale of automobile fuel and oils
is incidental to the conduct of a public garage, the premises shall
be classified as a public garage.
FLOOR AREA
1.
Except as defined in Subsection
(2) of this definition, the sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) attached buildings; provided however, that any floor or portion thereof used solely for off-street parking shall not be included in computing the amount of floor area and basements, open porches and garages shall not be included in determining the minimum floor area for single-family residences.
2.
In the Planned High Fashion Center District ("PHFC"),
"floor area" shall be defined as the sum of the gross horizontal
area of a tenant or user premises within the mall measured from the
exterior faces of exterior walls or from the centerline of walls separating
two (2) attached buildings; provided however, that any area or portion
thereof used for off-street parking, garage, loading spaces, trash
enclosures, storage areas, mall common areas, service corridors, mechanical
rooms, restrooms, janitorial and maintenance closets, stairwells,
elevators, escalators, seasonal patios and any other common areas
shall not be included in computing the
"floor area". However, the
"floor area" for outparcels shall
be computed based on the definition of
"floor area" as defined in Subsection
(1) of this definition and not by the provisions of Subsection
(2).
FRONTAGE
All of the property abutting on one (1) side of a street
or place (crossing or terminating) measured along the line of the
street or place or, if the street or place be dead ended, then all
of the property abutting on one (1) side between an intersecting street
or place and the dead end of the street or place. Where double frontage
occurs, or the property abuts two (2) or more streets or places, all
abutting property shall be considered frontage. Where large tracts
of property are concerned, the determination of the frontage, or front
line, shall be established by the Building Commissioner and Zoning
Administrator after advising the Board of Aldermen of the necessity.
GARAGE, PRIVATE
A structure or that part of a structure designed and utilized
solely for the parking or storage of four (4) or less passenger vehicles
of residents and/or occupants of buildings on the same premises. A
private garage may exceed the above noted capacities if located upon
a lot containing more than one (1) acre on a ratio of one-half (½)
acre per additional car.
GARAGE, PUBLIC
Any premises, except those described as a private garage,
used for the sale, storage or care of self-propelled vehicles.
GATE
That portion of a fence which is moveable to permit ingress
and egress from one side to the other.
GRADE
The average level of the finished ground level adjoining
the building at all exterior walls. Where finished ground level slopes
away from the exterior walls, the referenced grade shall be established
by the lowest points within the area between the building and the
lot line or where the lot line is more than six (6) feet from the
building, between the building and a point six (6) feet from the building.
GROUP HOME
Includes any home in which eight (8) or fewer unrelated mentally
or physically handicapped persons reside and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home, which home and property reasonably conforms
with general neighborhood standards.
[Ord. No. 2016-1778 § 1, 1-19-2016]
HELISTOP
An area of land or a structure or portion thereof used or
intended to be used for the landing and takeoff of helicopters, but
no facilities for the service or basing of such aircraft are permitted.
HOME OCCUPATION
Any occupation in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling except as provided by Section
525.190; in connection with which there is kept no stock in trade or any services or commodity sold upon the premises, no persons employed other than a member of the immediate family residing on the premises; and no mechanical equipment installed or used except such as is normally used for purely domestic or household purposes; and provided that not over twenty-five percent (25%) of the total actual floor area of any residence is used for any home occupation purposes.
HOTEL/MOTEL
A building in which temporary lodging is provided and offered
to the public, traditionally on less than a thirty (30) day basis.
INSTITUTION
A building occupied by a non-profit corporation or non-profit
establishment for public use.
LIGHT INDUSTRY
Any use not offensive due to emission of odor, smoke, dust,
noise, gas or vibration.
LOT
Land that is a lot of record, but not including any land described in or included in any easement for a street. A building lot shall conform in area to the minimum requirements as set forth in Section
405.100.
LOT, CORNER
A lot having frontage on two (2) intersecting streets.
LOT OF RECORD
A lot which has been recorded in the office of the County
Recorder of St. Louis County, or a lot described by metes and bounds,
the description of which has been recorded in the office of the County
Recorder of St. Louis County.
MALL
A roofed over common pedestrian area within a building and
enclosing not less than ten (10) tenants and occupancies as retail
stores, drinking and dining establishments, entertainment and amusement
facilities, offices and other similar uses wherein tenants and pedestrians
have a common entrance within the Planned High Fashion Center District.
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 containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3%) on a dry weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 2020-1922, 8-18-2020]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 2020-1922, 8-18-2020]
MEDICAL MARIJUANA FACILITY
Shall mean any of the following:
[Ord. No. 2020-1922, 8-18-2020]
1.
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused product manufacturing facility.
2.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
3.
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused product manufacturing facility.
NON-CONFORMING USE
A building or land occupied by a use that does not conform
to the use regulation of the district in which it is situated.
NURSING HOME
A facility designed and intended to provide nursing service
on a continuing basis to persons, the majority of whom require such
service under trained professional nurses or physicians.
OUTPARCEL
Any lot or area of land physically separated from any mall
and separately designated as an outparcel on the site plan approved
pursuant to the Planned High Fashion Center District regulations ("PHFC").
The "outparcel", as herein defined, need not be a
separate subdivided lot if the "outparcel" is owned
by the same person or entity that owns the "PHFC" property of which
it is a part. The size, configuration and location of the "outparcel" shall be established on the site plan approved
pursuant to the "PHFC" District regulations.
PARKING SPACE
A permanently surfaced area, enclosed or unenclosed, sufficient
in size to store one (1) automobile together with a permanently surfaced
driveway connecting the parking space with a street, place or alley
and permitting ingress and egress of an automobile.
PLACE
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
PRIVATE CLUB
A building and area used for social or recreational purposes
only, including the serving of food and refreshments, whose normal
use is limited to members of the club and their guests, and which
club does not provide a service customarily carried on as a business.
SHORT TERM RENTAL
The letting or offering for let of a dwelling unit, or a
portion thereof, to one (1) or more guests for a period of thirty
(30) consecutive calendar days or less. Examples include bed-and-breakfast
facilities and rentals arranged through Internet marketing or facilitation
services. Short term rental of dwelling units is prohibited.
[Ord. No. 2017-1829, 11-27-2017]
STABLE, PRIVATE
A stable with a capacity for not more than one (1) horse;
provided however, that the capacity of a stable may be increased if
the premises whereon the stable is located contains an area of not
less than one (1) acre for each horse accommodated. This shall be
construed to mean that only one (1) animal (horse, pony, foal or similar
category) shall be allowed on one (1) acre when such is located in
the "R-1" Residential District. None of the above regulations shall
be allowed in the "R-2" Residential District. A fenced enclosure shall
be provided in conjunction with the stable not to exceed one thousand
five hundred (1,500) square feet in area, and both facilities shall
be located on the property no less than twenty-five (25) feet from
the property lines in the rear yard of said parcel of land.
STORY
That portion of a building 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 such floor and the ceiling
next above it. A basement shall be considered a story where the finished
surface of the floor above the basement is:
1.
More than six (6) feet above grade;
2.
More than six (6) feet above the finished ground level for more
than fifty percent (50%) of the total building perimeter; or
3.
More than twelve (12) feet above the finished ground level at
any point.
STORY, HALF
A 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 two (2) feet above the floor of such story.
STREET
A thoroughfare which affords the principal means of access
to abutting property.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STRUCTURAL ALTERATIONS
Any change in a supporting member(s) of a structure, including,
but not limited to: bearing walls, columns, beams, girders, change
in the framing of a roof or exterior wall, decks or similar work.
STRUCTURE
Anything constructed, erected or located, the use of which
requires permanent location on the ground or which, though movable,
is used for a purpose which customarily involves permanent location
on the ground, including signs, billboards, poster panels, backstops
for tennis courts, pergolas, garden trellis, swimming pool, swimming
pool houses and fences, handball courts or similar facilities, and
structures for the housing of animals or fowl. This shall also include
fences over eighteen (18) inches in height.
STRUCTURE, DRIP LINE AREA (DLA)
The area of the maximum horizontal extents of either: (a)
the structure roof (i.e., for buildings, gazebos, pavilions, and similar
structures); or (b) the structure floor for structures that are not
enclosed under a roof (i.e., for decks, boardwalks, and similar structures);
or (c) the impervious surface for on-grade structures that are not
enclosed under a roof (i.e., for swimming pools, tennis courts, patios,
and similar structures).
[Ord. No. 2024-2030, 1-30-2024]
THROUGH LOT
An interior lot having frontage on two (2) parallel or approximately
parallel streets or places.
TOURIST OR TRAILER CAMP
An area containing one (1) or more structures designed or
intended to be used as temporary living facilities of one (1) or more
families and providing spaces where two (2) or more auto trailers
can be parked.
YARD
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward except as otherwise provided
herein:
1.
Front yard. A yard extending across the front
of the lot between the side lot lines and measured between the front
line of the lot and front line of the building. In the case of a double-frontage
lot, the front yard setback shall apply to each frontage.
2.
Rear yard. A yard extending across the full
width of the lot and measured between the rear line of the lot and
the rear of the building.
3.
Side yard. A yard between the buildings and
the side lines of the lot and extending between the front yard and
the rear yard.
4.
Corner lots. For lots with frontage on two
(2) intersecting streets, there shall be a front yard of a dimension
as required for that district along each abutting street. The rear
yard shall be that area between the back of the building as determined
by the Building Commissioner and the rear property line. The side
yard for a corner lot shall be that space between the side of the
building and abutting lot line and extending between the front yard
of an abutting street and the rear yard as determined by the Building
Commissioner.