Zoneomics Logo
search icon

Bellefontaine Neighbors
City Zoning Code

ARTICLE II

Definitions

Sec. 29-9 Definitions.

[Ord. No. 396 Art. II, 4-29-1960; Ord. No. 1007, 2-3-1977; Ord. No. 1456 § 1, 3-1-1990; Ord. No. 1531 § 1, 12-3-1992; Ord. No. 1552 § 1, 6-17-1993; Ord. No. 1683 § 1, 1-18-1996; Ord. No. 1765 § 1, 2-5-1997; Ord. No. 1768 §§ 1 — 2, 2-19-1998; Ord. No. 1913 § 1, 5-2-2002; Ord. No. 2018 § 2, 12-1-2005; Ord. No. 2060 § 1, 4-5-2007; Ord. No. 2095 § 1, 11-6-2008]
For the purpose of this chapter certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USE
A subordinate building or use located on the same lot as the main building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.
ADULT BOOKSTORE OR NOVELTY STORE
An establishment having either ten percent (10%) or more of:
(1) 
Its stock in trade, in books, photographs, magazines, films for sale or viewing on or off the premises by use of motion picture devices, video players, DVD players, computers or coin operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sex or sexual activity or the principal purpose of which is to sexually stimulate or sexually arouse the patron viewer or reader; or
(2) 
Instruments, devices or paraphernalia that are designed or marketed for use in connection with specified sexual activities.
ADULT ENTERTAINMENT BUSINESS OR ESTABLISHMENT
Any of the establishments, businesses, buildings, structures or facilities which fit within the definition of adult bookstore, adult entertainment facility, bathhouse, massage shop and/or modeling studio.
ADULT ENTERTAINMENT FACILITY
Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes, DVDs or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape, DVD or film presentation), where the patrons either:
(1) 
Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
(2) 
Observe any live presentation, video tape, DVD or film presentation of persons wholly or partially nude, unless otherwise prohibited by ordinance, with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities.
ALLEY
A public thoroughfare which affords only a secondary means of access to abutting property.
BASEMENT
A story having part but not more than one-half (½) of its height below grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes other than by a janitor employed on the premises.
BATHHOUSE
An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.
BOARDING OR LODGING HOUSE
A building other than a hotel where, for compensation, meals, lodging, or lodging and meals, are provided for three (3) or more persons.
BUILDING
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. Where parts of a building are separated from each other by a division wall without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
CELLAR
A story having more than one-half (½) of its height below grade. No cellar or portion thereof shall be used as a complete dwelling unit and a cellar is not included in computing the number of stories for the purpose of height measurement.
CHECK-CASHING ESTABLISHMENT
A business engaged in check-cashing operations for a fee, as a primary or substantial element of its business and which is not licensed by the appropriate state or federal agency as a banking or savings and loan facility. Said business shall be prohibited in all zoning districts of the city of Bellefontaine Neighbors, Missouri.
COSMETIC MICRO-PIGMENTATION
A method of adding, replacing, or augmenting cosmetic features by the placement of subcutaneous pigmentation by a licensed doctor or nurse.
COURT
An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.
DETACHED STORAGE SHED OR UNIT
A small outbuilding designed and used primarily for the storage of seasonal materials, maintenance equipment and similar items for use in, on or about a lot and/or the principal building on a lot and located on the same lot as the principal building to which it is an accessory.
DISTRICT
A section or sections of the city of Bellefontaine Neighbors, St. Louis County, Missouri, for which the zoning regulations are uniform.
DWELLING
Any building, or portion thereof, which is designed or used exclusively for residential purposes.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2) families.
DWELLING, MULTIPLE
A building or portion thereof designed for or occupied by more than two (2) families.
FAMILY
One (1) or more persons occupying a dwelling unit and living as a single non-profit housekeeping unit, all of whom shall be related to each other by birth, adoption or marriage; or a group of not more than three (3) persons not related to each other who are living as a single non-profit housekeeping unit.
FARM
An area for the growing of vegetables, fruit trees, grain and other agricultural products, including the raising thereon of farm animals and poultry when secondary to crop raising, but not as a main use, and not including the commercial feeding of garbage or offal to swine or other animals.
FILLING 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 or fender repair or spray painting.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, including basements, and measured from the exterior faces of the exterior walls.
FRONTAGE
All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE
An accessory building or portion of the main building for the storage of not more than four (4) motor-driven vehicles owned and used by occupants of the building to which it is accessory.
GARAGE, PUBLIC
A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.
GARAGE, STORAGE
Any building or premises, used for housing only of self-propelled vehicles pursuant to previous arrangements and to transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.
GRADE
The mean or average elevation of the ground adjacent to the exterior walls of the building.
GROUND FLOOR AREA
The gross area of the first floor of a building, measured from the exterior faces of the exterior walls, exclusive of unroofed porches, unenclosed roofed porches, and garages.
HOME OCCUPATION
Any occupation, business, commercial activity or profession carried on by a member of the immediate family residing on the premises and in connection with which there are no signs or displays which indicate from the exterior of the building that the premises are being used in whole or in part for anything other than a dwelling. Provided, however, that any activity which:
(1) 
Employs or compensates any person other than family members residing on the premises; or
(2) 
Maintains in, on or about the premises any stock-in-trade, goods or commodities for sale, rent, lease or delivery to consumers at the premises in such a manner as to be visible to members of the public; or
(3) 
Includes or involves the use, maintenance, storage or repair of any mechanical equipment (other than such equipment customarily used for domestic or household purposes) in, on or about the premises in such a manner as to be visible to or audible by members of the public; or
(4) 
For which purpose more than twenty percent (20%) of the square footage of the main building on the premises are utilized; or
(5) 
Is conducted in such a way as to be a nuisance as defined in section 13-36 of the code of ordinances of the city of Bellefontaine Neighbors,
shall not be a lawful home occupation as used in this definition.
INSTITUTION
A building or area occupied by a non-profit corporation or a non-profit establishment for public use.
KENNEL
An establishment where dogs are bred or boarded.
LOADING SPACE
A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 x 35 feet and a vertical clearance of a least fourteen (14) feet.
LOT
A parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, including 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, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR
A lot other than a corner lot.
LOT OF RECORD
A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of St. Louis County, or a lot described by metes and bounds, the description of which has been recorded in the office of the recorder of deeds of St. Louis County prior to the adoption of this chapter.
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. 2562, 12-19-2019]
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. 2562, 12-19-2019]
MASSAGE PARLOR OR SHOP
An establishment which has a fixed place of business having a source of income or compensation which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that is reasonably expected that the person to whom the treatment is provided or some person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment defined in this Code or operated or supervised by a medical or chiropractic practitioner or professional physical or massage therapist licensed by the State of Missouri.
MEDICAL MARIJUANA CULTIVATION FACILITY
A 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 products manufacturing facility.
[Ord. No. 2562, 12-19-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A 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 products manufacturing facility.
[Ord. No. 2562, 12-19-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A 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.
[Ord. No. 2562, 12-19-2019]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 2562, 12-19-2019]
MODELING STUDIO
An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools in which persons are enrolled in a class.
NONCONFORMING USE
Any building or land lawfully occupied by a use at the time of passage of this chapter or amendment thereto, which does not conform after the passage of this chapter or amendments thereto with the use regulations of the district in which it is situated.
PARKING SPACE
A durable, dustproof surfaced area of not less than 9 x 19 feet for perpendicular spaces. Non-perpendicular spaces shall be proportional to perpendicular spaces and suitable in dimensions to park one (1) standard automobile as determined by the City Engineer.
PLACE
An open, unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PORCH
A structure attached to a building with or without a roof and having its sides unenclosed.
SELF-STORAGE FACILITY
A commercial structure that provides leased space within a building, or within one (1) or more separate compartments in one (1) or more buildings, for storage of personal property.
SERVICE STATION
(See "Filling Station".)
SHED, STORAGE
(See "Detached storage shed or unit", supra.)
SHORT-TERM LOAN ESTABLISHMENT
A business, other than a pawnbroker operating in conformity with this zoning code, engaged in providing short-term loans to the public as a primary or substantial element of its business and which is not licensed by the appropriate state or federal agency as a banking or savings and loan facility, including, but not limited to, small loan companies operating pursuant to sections 367.100 through 367.215, RSMo., payday lenders operating pursuant to sections 408.500 through 408.506, RSMo., consumer installment lenders operating pursuant to section 408.510, RSMo., title lenders operating pursuant to sections 367.500 through 367.533, and any business which offers these or substantially similar services as a substantial part of its business activities. Said business shall be prohibited in all zoning districts of the city of Bellefontaine Neighbors, Missouri.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
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 the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use.
STREET
All property dedicated or intended for a public or private street, highway, freeway, or roadway purposes or subject to easements therefor and affording the principal means of access to abutting property.
STREET LINE
A dividing line between a lot, tract or parcel of land and the right-of-way of a contiguous street.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing advertising signs, bill boards, backstops for tennis courts and pergolas, radio towers, memorials and ornamental structures.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
TATTOOING
Any method of placing designs, letters, scrolls, figures, or symbols upon or under the skin with ink or colors, by the aid of needles or instruments. The provision of cosmetic micro-pigmentation services by a licensed doctor or nurse shall not be considered "tattooing" as that term is used in this Zoning code.
TATTOOING ESTABLISHMENT
Any place or facility where tattooing is performed. Said business shall be prohibited in all zoning districts of the city of Bellefontaine Neighbors, Missouri.
TOURIST OR TRAILER CAMP
An area containing one (1) or more tents, trailers or other portable or mobile shelters for use as temporary living facilities of one (1) or more families, and intended primarily for automobile transients.
TRAILER
Any structure used, or capable of being used, for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term "trailer" shall include camp car and house car. A permanent foundation shall not change its character if the structure can be removed therefrom practically intact. No trailer as defined herein shall be deemed a dwelling as defined also in the article.
WAREHOUSE, UNITIZED
A structure divided into compartments and individually rented for use only as a storage place for goods, material or merchandise, motor powered vehicles, boats and trailers.
YARD
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD, FRONT
A yard extending across the front of a lot between the side yard lines, its depth being the minimum horizontal distance between the street right-of-way line and the exterior side of the front wall of the main building or any projection thereof, other than the projection of the usual steps or entrance way. On a corner lot the front yard shall be considered as being adjacent to the street on which the lot has its lesser frontage.
YARD, REAR
A yard extending across the rear of a lot measured between the side lot lines and its depth being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE
A yard between the main building or an accessory building and the side line of the lot and extending from the front lot line to the required rear yard.