[Ord. No. 636 Zoning Art. V §501, 2-7-1968]
For the purpose of interpreting this Chapter certain terms are
herein defined. Except as defined herein, all other words used in
this Chapter shall have their customary dictionary meanings.
Words used in the present tense include the future tense.
Words used in the singular include the plural, and words used
in the plural include the singular.
The word "shall" always is mandatory.
The word "lot" includes the word "plot" or "parcel".
The word "building" includes the word "structure".
The word "person" includes "a firm,
association, organization, partnership, trust, company or corporation,
as well as an individual".
The word "used" or "occupied", as applied to any land or buildings, shall be construed to include
the words "intended, arranged or designed to be used or occupied".
The word "map", "Zoning Map", "Mound City Zoning Map" or "Official Zoning Map of Mound City" shall mean
the "Official Zoning Map of the City of Mound City".
[Ord. No. 636 Zoning Art. V §502, 2-7-1968; Ord. No. 861 §§1 — 3, 8-11-1994; Ord. No. 1353, 5-9-2023; Ord. No. 1354, 6-13-2023]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any right-of-way dedicated to vehicular travel, being twenty
(20) feet or more but less than fifty (50) feet in width.
A part of a building consisting of a room or rooms intended,
designed or used as a residence by an individual or a single family.
Board of Adjustment of the City of Mound City, Missouri.
The Board of Aldermen of Mound City, Missouri.
A structure that is completely enclosed by a roof and by
solid exterior walls along whose outside faces can be traced an unbroken
line for the complete circumference of the structure, which is permanently
affixed to a lot or lots, and used or intended for the shelter, support
or enclosure of persons, animals or property of any kind.
The connection of two (2) buildings by means of an open porch,
breezeway, passageway, carport or other such open structures, with
or without a roof, shall not be deemed to make them one (1) building.
A subordinate building, the use of which is customarily incidental
to that of a principal building on the same lot.
The vertical distance from the established average sidewalk
grade, street grade or finished grade at the building line, whichever
is the highest, to the highest point of the building.
A building in which is conducted the principal use of the
lot on which it is situated.
The line nearest the street and across a lot establishing
the minimum open space to be provided between buildings and specified
structures and street right-of-way lines.
A portion of a building located partly or wholly underground
having one-half (½) or more of its floor-to-ceiling height
below the average grade of the adjoining ground.
The City of Mound City, Missouri.
The Planning and Zoning Commission of the City of Mound City,
Missouri.
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
(also known as clones) to a marijuana dispensary, a marijuana testing
facility, or a comprehensive marijuana-infused products manufacturing
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.
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 to a qualifying patient or primary caregiver, as those terms are defined in Section 210.1800 of the City Code, 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 Chapter 210, Article XI, of the City Code, and as otherwise allowed by law. Comprehensive marijuana 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 and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
A facility licensed by the department to acquire, process,
package, store, manufacture, transport to or from a marijuana dispensary
or a marijuana testing facility, and sell marijuana-infused products,
prerolls, and infused prerolls to a marijuana dispensary, a marijuana
testing facility, or another comprehensive 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.
A person who is at least twenty-one (21) years of age.
A constructed structure with a permanent foundation and/or
cellar or basement; the structure is built at the site from disassembled
materials by traditional means of construction and in compliance with
the City Building Code for a dwelling.
The County of Holt, Missouri.
The Department of Health and Senior Services or its successor
agency.
A building containing one (1) or more dwelling units, but
in the case of a building having two (2) or more portions divided
by one (1) or more party walls forming a complete separation, each
such portion shall be considered to be a separate dwelling.
A dwelling used by or designed for three (3) or more dwelling
units, each independently containing cooking facilities.
A dwelling having one (1) dwelling unit from ground-to-floor
and having independent and outside access.
A dwelling having two (2) dwelling units.
A building, or portion thereof, providing complete and permanent
living facilities for one (1) family.
One (1) or more persons occupying a premise and living as
a single, non-profit housekeeping unit.
Sum of the gross horizontal areas of all floors of a building
measured from the exterior faces of the exterior walls or from the
centerline of walls separating buildings.
All the property abutting on one (1) side of a street between
two (2) lot lines measured along the right-of-way line.
A building used only for the housing of private motor vehicles,
not used for repair, hire or sale.
A garage other than a private garage.
Any merchandise, equipment, products, supplies, or materials.
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.
A business operating in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
A lot or part thereof used for the storage, keeping or abandonment
of junk, including scrap metal or vehicles or machinery or parts thereof.
A parcel of land defined by metes and bounds or boundary
lines in a recorded deed fronting on a street. In determining lot
area on boundary lines, no part thereof within the limits of the street
shall be included.
A lot at the junction of and fronting on two (2) or more
intersecting streets.
The average horizontal distance between front and rear lot
lines.
A lot other than a corner lot.
The lines bounding the lot.
A lot which is a part of a plot, a map of which has been
recorded in the office of the County Recorder of Holt County, Missouri.
An interior lot having frontage on two (2) parallel or approximately
parallel streets.
The horizontal distance between side lot lines measured at
the building setback line.
A transportable structure intended for permanent occupancy,
fabricated in a factory in compliance with Federal Manufactured Home
Construction and Safety Standards, adopted June 15, 1976, as amended,
and carrying the HUD seal of approval or a transportable structure
for permanent occupancy fabricated in a factory and not in compliance
with Federal Manufactured Home Construction and Safety Standards,
adopted June 15, 1976, not carrying the HUD seal of approval, and
must comply with minimum tie-down systems published by the Missouri
Public Service Commission.
A medical marijuana dispensary facility, a comprehensive
marijuana dispensary facility, or a micro-business as those terms
are defined herein or in Art. XIV of the Constitution.
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.
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
A facility certified by the State to transport marijuana to a qualifying patient or a primary caregiver, as those terms are defined in Section 210.1800 of the City Code, or to a medical marijuana cultivation facility, a comprehensive marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a comprehensive marijuana-infused products manufacturing facility, a marijuana dispensary, a marijuana testing facility, or another marijuana transportation facility.
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.
A facility licensed by the Department, to acquire, cultivate,
process, store, transport, and sell marijuana to a medical marijuana
dispensary facility, marijuana testing facility, or to a medical marijuana-infused
products manufacturing facility and shall also mean a comprehensive
marijuana cultivation facility, as that term is defined in Article
XIV of the Constitution.
A facility licensed by the Department, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in Chapter 210, Article XI, to a qualifying patient, a primary caregiver, as those terms are defined in Section 210.1800 of the City Code, or another medical marijuana dispensary facility.
A facility licensed by the Department, to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a marijuana testing facility, or another
medical marijuana-infused products manufacturing facility.
Any vehicle, trailer or unit designed, constructed or used
for living or sleeping purposes which is equipped or designed or intended
to be equipped with a wheel or wheels or similar devices for the purpose
of transporting the unit. Such unit shall be considered a mobile home
whether or not the wheels have been removed and whether or not set
on jacks, skirting, masonry blocks or other foundation, whether permanent
or not, of any type whatsoever. The term shall include:
Structures containing parts that may be folded, collapsed or
telescoped when being towed and that may be expanded to provide additional
cubic capacity; and
Structures composed of two (2) or more separately towable or transportable components designed to be jointed into one (1) integral structure capable of being separated again into the component parts for repeated towing or transport. Provisions for mobile home parks are found in Section 405.510 of Article X "Exceptions and Modifications" of this Chapter.
A completely assembled and erected building designed and
constructed for permanent occupancy, composed of two (2) or more prefabricated
modules arranged and united together at the building site into one
(1) integral structure, having need of a perimeter formation permanent
foundation; characteristic of modular buildings, the roofing and siding
are applied to conceal the junction or union of the modules and when
completed and ready for occupancy the exterior appearance is such
that the building is superficially indistinguishable from a conventionally
built building. The building once arranged and joined as one (1) integral
structure shall be virtually incapable of being separated again into
the component module parts for repeated transport to subsequent locations.
The term shall exclude "double-wide mobile homes" and "manufactured
homes".
A home-based business qualifies as a no-impact, home based
business if:
The total number of employees and clients on-site at one (1)
time does not exceed the occupancy limit for the residential dwelling;
and
The activities of the business:
Are limited to the sale of lawful goods and services; and
May involve having more than one (1) client on the property
at one (1) time; and
Do not cause a substantial increase in traffic through the residential
area; and
Do not violate any parking regulations established by this City's
Code; and
Occur inside the residential dwelling or in the yard of the
residential dwelling; and
Are not visible from any public street; and
Do not use any equipment that produces noise, light, odor, smoke,
gas, or vibrations that can be seen, felt, heard, or smelled by a
person of ordinary senses outside of the property where the business
is located; and
Do not sell any goods or services for which a health inspection
would be required if the business were not located in a residence
unless the owner or tenant provides written consent for the Department
of Health to inspect the business during normal business hours or
at any other time the business is operating.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter that does not conform with the use regulations
of the district within which it is located.
The storage space for one (1) motor vehicle which space is
not less than ten (10) feet by twenty (20) feet plus the necessary
access space.
That portion of a building, other than a cellar, included
between the structure of the floor next above it or, if there is no
floor above it, the space between the floor and the ceiling next above
it.
A public thoroughfare which affords a principal means of
access to abutting property, having a right-of-way of fifty (50) feet
or more.
Lines separating private property from the street or alley
existing or dedicated in public ownership.
Anything constructed or erected, including a building which
has permanent foundations on the ground or anything attached to something
having a permanent location on the ground.
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or structure or on a tract
of land.
An open space unoccupied and unobstructed from the ground
upward, except by trees or shrubbery or as otherwise provided herein.
A yard across the full width of the lot extending from the
front line of the building to the street frontage.
A yard extending across the full width of the lot and measured
between the rear line of the lot and the rear line of the main building.
An open unoccupied space on the same lot with a building
between the building and the side line of the lot extending from the
front building line to the rear building line or to the rear line
of the lot where no rear yard is required.
