Academies are, included but not limited to business, commercial, computer, dance, physical fitness, martial arts, music, trade and vocational institutions of learning, with an enrollment of one (1) to twenty-five (25) students.

An easement which grants the right to cross property.

A subordinate building or 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.

A subordinate use which is incidental to that of the main building and which is located in the same lot with such main building.

An establishment which undertakes through its ownership or management to provide basic services to three (3) or more adults, not related to the owner/operator, for period of less than twenty-four (24) hours a day on a regular basis in a place other than the adult's home.

A public or private thoroughfare which affords only a secondary means of access to abutting property.

A load-associated structural failure. The failure can be due to weakness in the surface, base or subgrade; a surface or base that is too thin; poor drainage or the combination of all three.

A room or suite of rooms in a multiple dwelling intended, designed or used as a residence by a single family, including kitchen and bath accommodations.

Construction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.

The renting or leasing of motor vehicles on an hourly, daily, weekly, monthly or yearly basis.

General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; over-all painting or paint shop; and vehicle steam cleaning.

Replacement of parts and motor services to motor vehicles and trucks not exceeding one and one-half (1½) ton capacity, excluding body repairs.

A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, and including minor repairs.

Automobile wrecking is the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

The sale of new or the sale of new and used vehicles, motor homes, recreational vehicles, trailers and motorcycles.

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 regulation if subdivided and used for business or dwelling purposes, other than by a janitor employed on the premises.

An area of land within a subdivision that is entirely bounded by streets, highways, or right-of-way, except alleys, or between streets, highways, streams, parks, etc., or any other barrier, or combination thereof, to the continuity of development.

That cracks look like large interconnected rectangles (roughly). Block cracking is not load-associated, but generally caused by shrinkage of the asphalt pavement due to an inability of asphalt binder to expand and contract with temperature cycles.

Any structure designed and intended for the support, enclosure, shelter or protection of persons, animals or property.

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 for gable, hip and gambrel roofs.

The line between which the street line or lot line no building or other structure, fence or portion thereof, except as provided in the Zoning Code, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.

A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered, and private clubs.

A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurements.

Occurs when a title is transferred from one person or entity to another by having the owner sign a deed in exchange for money and/or other considerations and officially recorded in the St. Louis County Recorder of Deeds.

The care of four (4) or fewer children on a regular basis, including the provider's own children under the age of thirteen (13). This in no way applies to temporary situations. This service to be in residentially zoned districts only, as specified.

The care of more than four (4) children.

A business with a permit to sell alcoholic beverages that generates twenty-five percent (25%) or more of its quarterly gross revenue from the sale of cigars and/or rental of humidor space, has a humidor on the premises and does not allow minors to enter the premises. A special use permit is required.

A building or portion thereof or premises owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service which is customarily carried on as a business.

All the property comprising the parcel or parcels, all improvements and structures constructed thereon, including the building and all easements, rights and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual use of the unit owners, subject to the provisions of Chapter 488, RSMo.

A building or part of a building where secondhand goods, articles, or antiques are offered or kept for sale at retail to the general public wherein the owner/operator of the business sells the merchandise in exchange for a fee from the owner(s) of the goods, articles, or antiques. A special use permit is required.

Poorly maintained driveways will often have grass growing up through the cracks. Cleaning the cracks should be standard practice before sealing them.

Any family home wherein care is given to not more than three (3) children who are not related to the occupant of said home. It shall be unlawful for any person to operate, conduct, or maintain a day care home in the City of Berkeley.

Intentional transfer by the developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by compliance with Statutes relating to dedication of land, by formal deed of conveyance, or by any other method recognized by the laws of the State of Missouri. Acceptance by the City of maintenance responsibilities will be an action by the City Council separate from the dedication.

Areas that are localized pavement surface areas with slightly lower elevations than the surrounding pavement. Depressions are very noticeable after a rain when they fill with water.

A section or sections of the City for which the regulations governing the use of buildings and premises or the height of buildings, or the size of yards, or intensity of use, are uniform.

A commercial establishment in which the customer remains parked in a vehicle while services are brought from the commercial building to the vehicle.

Any business with a valid license issued by the City (pursuant to Chapter 600 "Alcoholic Beverages") to sell intoxicating liquor by the drink or to sell beer and light wine by the drink whose on-site sales of food for consumption on the premises comprises no more than twenty-five percent (25%) of gross sales of food and both alcoholic and non-alcoholic beverages on an annual basis.

A commercial establishment whereby the customer drives a vehicle directly adjacent to the commercial building and receives services while parked in a vehicle.

A private roadway connecting a public street or right-of-way to an off-street parking lot, loading area, garage, home or other building or use on a lot or parcel of property.

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

A building, or portion thereof, designed for or occupied by three (3) or more families.

A building designed for or occupied exclusively by one (1) family.

A building designed for or occupied exclusively for two (2) families.

A room or suite of rooms used as a single-family dwelling, including kitchen and bath accommodations.

Cracks that travel along the inside edge of a pavement surface within one or two feet. The most common cause for this type of crack is poor drainage conditions and lack of support at the pavement edge. As a result underlying base materials settle and become weakened.

Any person who performs services for an employer, with or without compensation.

A person, partnership, association, corporation, trust or other organized group of individuals, including the City or any agency thereof, which utilizes the services of at least one (1) employee.

A space bound by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms, all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and hallways.

One (1) or more persons occupying a dwelling and living as a single housekeeping unit, all of whom, or all but two (2) of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a residential group home or hotel as defined in this Section.

An assemblage of materials forming a barrier at grade between a lot and street or alley or between portions of a lot or lots.

The area of residence exclusive of carport, garage, breezeway, porch or basement.

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 of the property abutting on one (1) side between an intersecting street and the dead end of the street.

An accessory building, housing not to exceed four (4) motor-driven vehicles, which are the property of and for the use of the occupants of the building to which said garage is accessory.

Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. Public garages shall not include the dismantling or storage of wrecked or junk vehicles.

Any building or premises used for housing only of motor-driven vehicles owned by persons residing on the premises where the garage is located, and not open to transients, and at which automobile fuels and oils are not to be sold, and motor-driven vehicles are not equipped, repaired, hired or sold.

Exempts current owners already residing on the property to leave their driveway in its current status having to make minor repairs and the preexisting condition to remain unchanged if the driveway does not affect health, safety or welfare, until the property is sold or conveyed to another.

Exempts current lot size and width from meeting the minimum lot area and width, the preexisting condition to remain unchanged.

Any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two 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. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.

A person who inherits or has a right of inheritance in the property of another following the latter's death shall bring the driveway into code compliance with this Section.

Any occupation or activity carried on by the owner residing on the premises or a member of the immediate family residing on the premises, in connection with which there is sued no sign other than a name plate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is utilized in part for any purpose other than that of a dwelling; there is no commodity sold on the premises; no person is employed other than a member of the immediate family residing on the premises; no mechanical equipment is used except such as is permissible for purely domestic, household or hobby purposes; no manufacturing or assembling of a commercial product; and no commercial vehicle used in connection with a home occupation shall be stored or parked except within a private garage. In particular, a home occupation may include the following: art studio, professional office of a clergyman, teaching with musical instruction or private tutoring limited to not more than two (2) pupils at a time. However, a home occupation shall not be interpreted to include barbershops, beauty parlors, physicians, dentists, surgeons, chiropractors, tourist homes, restaurants, child care centers and day care homes.

A building in which lodging is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside office or lobby supervised by a person in charge at all hours.

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

Cracks in a flexible pavement overlay of a rigid pavement (i.e., asphalt over concrete). They occur directly over the underlying rigid pavement joints.

A business that provides washing, drying or ironing machines and professional type cleaning and pressing equipment for hire to be used by customers on the premises. A special use permit is required.

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

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

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

The mean horizontal distance between the front and rear lot lines. The front lot line shall be the same as the street line.

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

For purposes of determining the dimension of side yards, the width of the lot, being the mean horizontal distance between side lot lines, shall be measured at the building line.

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

The unobstructed area needed for a truck to back, in a single movement, directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of said loading space to the curb side of the most remote traffic lane in the access street.

A facility licensed by the department 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.

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 this Chapter 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.

A facility licensed by the department 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.

A facility certified by the department to acquire, test, certify, and transport marijuana.

As defined by 19 CSR 30-95.100 as a facility licensed to transport medical marijuana from an originating facility to a destination facility within twenty-four (24) hours that also meets the requirements for transportation facilities defined in 19 CSR 30-95.040.

Motor vehicle leasing or renting is the renting or leasing of motor vehicles on an hourly, daily, weekly, monthly, or yearly basis, or any leasing or renting. Any person or establishment parking or storing any motor vehicle within the City of Berkeley for the purposes of rental or leasing is designated as doing business within the City, and shall be subject to the Merchant License, and shall secure a Merchant License and pay any and all taxes levied by the City, including sales tax, as required by the Merchants and Manufacturers Chapter of the Municipal Code. The contract for the leased or rented motor vehicles shall be signed within the corporate City limits of the City of Berkeley in order to come under this definition.

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.

A building or buildings in which elderly, chronically ill and disabled persons who are patients therein will be provided full support living facilities including twenty-four (24) hour nursing supervision. The nursing home and facility may include as an adjunct thereto dwelling units for rent or lease to elderly persons, or chronically ill, or disabled persons, including a spouse of any such person, who can lead reasonably independent lives, and require minimal support facilities, supervision, maintenance and nursing care. Because the dwelling units are an adjunct thereto, they must be maintained and remain under the control and supervision of the operator of the full support nursing home and facilities.

A common problem in parking lots and driveways. These areas must be treated before sealcoating.

A durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than two hundred fifty (250) square feet, including the necessary access driveways exclusive of a durably surfaced driveway connecting the parking space with a street or alley, and permitting satisfactory ingress and egress of an automobile.

Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. A special use permit is required.

A hotel or motel room that may be designated as a smoking room, with such designation being changeable only one (1) time a year.

Including barber shops, beauty parlors, cleaning and laundry establishments, photographers, shoe repair shops, tailoring, dressmaking, counseling services and similar uses. All such services require a special use permit.

Including tailoring, dressmaking, counseling services (other than clergy) and similar uses. Personal services are not allowed in "R-4" Multiple-Family Residence District except in a single-family dwelling. All such services require a special use permit.

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

Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used for home occupation as defined in this Chapter.

Holes in asphalt that are small, bowl-shaped depressions in the pavement surface that penetrate all the way through the asphalt layer down to the base course.

An owner's permanent residence or usual place of return for housing as documented by at least two (2) forms of identification and an occupancy permit.

A not-for-profit organization incorporated under the laws of the State of Missouri for fraternal or social purposes or for a congressionally chartered veteran's organization, which has a defined membership and restricts admission to members of the club and their guests. Private club shall not include an establishment that is generally open to members of the general public upon payment of a fee. A private club shall not be considered a "public place" except when it is in the site of a meeting, event or activity that is open to the public.

Any enclosed or other area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, reception areas, health facilities, laundering facilities, public transportation facilities, production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place."

Any business establishment where more than thirty percent (30%) of the merchandise consists of used items, such as appliances, clothing, furniture, household goods and equipment.

Home, including fraternities, and sororities, operated by a not-for-profit corporation, which is supervised twenty-four (24) hours per day by qualified persons. A "qualified person" shall mean a person qualified by education, training and experience, or any combination thereof, for the position which they hold in the residential group home.

An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands and private and public school cafeterias, which provides food to the public, guests or employees, and well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar and lounge area within the restaurant.

Any school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools, or private and parochial colleges and universities.

Any school operated by a public school district or by a City, County, State or Federal Government agency.

Any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

An enclosed public walkway or hall area that serves to connect retail or professional establishments.

That cracks are crescent-shaped cracks or tears in the surface layer(s) of asphalt where the new material has slipped over the underlying course.

Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or other tobacco product.

Sports pavilions, gymnasiums, health spas, boxing arenas, outdoor and indoor swimming pools, outdoor athletic fields, outdoor and indoor roller and ice skating rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.

That portion of a building, other than a cellar included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

A space under a sloping roof which has the line of intersection or roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.

All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements therefor.

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

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

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, billboards, backstops for tennis courts and pergolas.

The owner, agent or person having control of such land as the term is used in this Chapter. "Subdivision" shall mean the division of land into two (2) or more parts including the resubdivision of a lot or parcel. Any sale or rental of a division of land by metes and bounds or lot description shall constitute a subdivision of land and shall require compliance with this Chapter unless it is a separate parcel of record at the time of the effective date of this Chapter.

The partitioning of a parcel or tract of land by an owner or developer into two (2) or more lots of any size for the purpose of sale, lease, or development, whether immediate or future; included are all changes in street lines, dedication or platting of streets, and changes in lot lines.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings 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 motor power or other means.

The annual sale of more than four (4) used vehicles not in conjunction with an automotive sales establishment.

A modification of the specific requirements of this Chapter granted by the Board of Adjustment in accordance with the terms of this Chapter for the purpose of assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and Zoning District. Such modifications shall not include authorizing a use not among the uses specified by this Chapter as permitted in any district in which such property is located.

Any self-powered vehicle moving on wheels or runners used as a means of transport.

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. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.

A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entrance way.

A yard extending across the rear of a lot measured between the rear lot lines and 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 corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. 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.

A yard between the main building and the side line of the lot, and extending from the front yard to the rear yard.