For the purpose of this chapter, the following words and terms as used herein are defined to mean the following:

Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure." The word "shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot." The term "used for" includes the meaning "designed for" or "intended for."

Accessory building or use means a subordinate building, or a portion of the main building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property.

Alley means a public way which affords only a secondary means of access to abutting property.

Apartment means a room or a suite of rooms within an apartment house arranged, intended, or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

Apartment hotel means an apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

Apartment house means a building arranged, intended, or designed for more than two (2) families.

Basement means a story below the first story as hereafter defined.

Billboard means a sign supported by uprights or braces in or upon the ground surface.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the building inspector shall determine the outline of the block.

Board means the board of adjustment.

Cross reference— Board of adjustment, § 17-36 et seq.

Boardinghouse or lodginghouse means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

Church means a permanent building primarily and regularly used as a place of religious worship.

Commission means the planning, zoning and historic preservation commission.

Cross reference— Planning, zoning and historic preservation commission, § 17-16 et seq.

Community center means a place, structure, area, or other facility for social, educational and recreational activities of a neighborhood, community, or subdivision, provided any such use is not operated for commercial gain.

Comprehensive facility means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

Comprehensive marijuana cultivation facility means 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 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.

Comprehensive marijuana dispensary facility means a facility licensed by the department to acquire, process, package, store on site or offsite, 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 or primary caregiver, as those terms are defined in this section, 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 this article 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 this article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

Comprehensive marijuana-infused products manufacturing facility means 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.

(1)

Type 1 extraction facility: A facility which uses combustible gases, CO2 or other hazardous substances in the marijuana extraction process

(2)

Type 2 post-extraction facility: A facility which uses marijuana extractions to incorporate into edibles, ointments, etc., and does not use combustible gases, CO2 or other hazardous substances. This would be permitted in general business, light industrial, or industrial districts as either a retail sales use or manufacturing use depending upon its scope and volume of production, facility capacity and the primary customer (retail or wholesale).

Condominium means a building, group of buildings or property in which units are owned individually and the common elements are owned by all the owners or a proportional, undivided basis.

Curb level means the main level of the curb in front of the lot, or in case of a corner lot, along the abutting street where the main curb level is the highest.

Day care center means a private home or other facility where care is given to more than ten (10) children by persons not residing in the home.

Day care home means a private home where care is given to ten (10) children or less, unrelated to the day care provider, in a family like group, by the person residing in the home, as a home occupation.

Day care school means a private home or other facility where care and schooling is given to any number of children by persons not residing in the home or facility.

Dwelling means a building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels.

Dwelling, one-family means a detached building arranged, intended, or designed for occupancy by one (1) family.

Dwelling, multiple means a building or portion thereof, arranged, intended, or designed for occupancy by three (3) or more families including apartment houses, row houses, tenements and apartment hotels.

Dwelling, two-family means a building arranged, intended, or designed for occupancy by two (2) families.

Family means one (1) of the following:

(1)

An individual, married couple or domestic partnership and the children thereof and no more than two (2) other persons related directly to the individual, married couple or domestic partners by blood or marriage; or

(2)

A group of up to four (4) unrelated individuals living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a nonprofit, cost-sharing basis; or

(3)

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 any mentally or physically handicapped persons residing in the home; or

(4)

Any private residence licensed by the division of family services or department of mental health to provide foster care to one or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption.

Filling station, automotive means a use primarily engaged in the retail sale of gasoline or other motor fuels primarily to automobiles and passenger vehicles, along with accessory activities such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, and the minor adjustment or repair of passenger motor vehicles. The use of the business for any storage or parking of a vehicle or any other activity that is commonly associated with truck stops is prohibited and reserved for service station, truck stops only.

Uses involved primarily in the sale of diesel fuel, gasoline or other fuels to tractor trucks and uses that feature parking, storage or servicing of tractor trucks or semi-trailers shall be classified as "service station, truck stop."

Flowering plant means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

Garage, community means a building or portion thereof, other than a public, private, or storage garage providing for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of block.

Garage, private means an accessory building for storage only of motor vehicles.

Garage, public means a building or portion thereof, designed or used for storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

Garage, storage means a building or portion thereof, except those defined as a private, a public or a community garage providing storage for motor vehicles, with facilities for washing but no other services.

Garden apartment building means an apartment building located on a lot either singly or together with other similar apartment buildings, having at least two (2) sides or ends of each dwelling unit exposed to outside light and air.

Ground sign means a sign supported by uprights or braces in or upon the ground surface.

Height of buildings means the vertical distance measured from the highest of the following three (3) levels:

(1)

From the street curb level;

(2)

From the established or main street grade in case the curb has not been constructed;

(3)

From the average finished ground level adjoining the building if it sets back from the street line; to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot, and to the main height level of the top of the main plate and highest ridge for other roofs.

Height of yard or court means the vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

Hotel means a building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms, and no provision for cooking in individual rooms.

Infused preroll means 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.

Job site construction trailer means a transportable factory built structure which is no more than ten (10) feet in width and no more than forty (40) feet in length, and which has it's own running gear, is designed to be used without a permanent foundation, and temporarily located on a construction site for the exclusive purpose of providing necessary space for one (1) or more licensed contractors engaged in construction activities of said site.

Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats, or any operation in which more than five (5) dogs or more than five (5) cats over the age of four (4) months are harbored at any residential unit.

Lot means a parcel of land occupied or to be occupied by one (1) building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this chapter, and having its principal frontage upon a public street or place.

Lot, corner means a lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the building inspector.

Lot depth means the main horizontal distance from the front street line to the rear line.

Lot, interior means a lot whose side lines do not abut upon any street.

Lot lines means the lines bounding a lot as defined herein.

Lot, through means an interior lot having frontages on two (2) streets.

Lot width means the main horizontal distance between side lines measured at right angles to the depth.

Manufactured home means a factory built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

Marijuana or marihuana means 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 marijuana plant and marijuana-infused products, "marijuana" or "marihuana" do not include industrial hemp, as defined by state statute, or commodities or products manufactured from industrial hemp.

Marijuana accessories means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

Marijuana facility means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the department pursuant to this section, but shall not include a medical facility licensed under this section.

Marijuana-infused products means 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.

Marijuana microbusiness facility means a facility licensed by the department as a microbusiness dispensary facility or microbusiness wholesale facility, as defined in this section.

Marijuana testing facility means a facility certified by the department to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.

Medical marijuana marijuana allowed for the limited legal production, distribution, sale and purchase for medical use as governed by Article XIV of the Missouri State Constitution.

Medical marijuana cultivation facility means a facility licensed by the State of Missouri to acquire, cultivate, process, package, store onsite or off site, transport to and from, and sell marijuana, marijuana seeds and marijuana vegetative cuttings (clones), to a medical marijuana dispensary facility, marijuana testing facility, medical marijuana cultivation facility, or 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.

Medical marijuana dispensary facility means a facility licensed by the State of Missouri 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 to a qualifying patient, a primary caregiver, as set forth and defined in Article XIV of the Missouri State Constitution, 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 licensed dispensary facility, a licensed 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.

Medical marijuana facility means any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as governed by Article XIV, Section 1, of the Missouri State Constitution.

Medical marijuana infused products manufacturing facility means a facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana infused products manufacturing facility.

(1)

Type 1 extraction facility: A facility which uses combustible gases, CO2 or other hazardous substances in the marijuana extraction process

(2)

Type 2 post-extraction facility: A facility which uses marijuana extractions to incorporate into edibles, ointments, etc., and does not use combustible gases, CO2 or other hazardous substances. This would be permitted in general business, light industrial, or industrial districts as either a retail sales use or manufacturing use depending upon its scope and volume of production, facility capacity and the primary customer (retail or wholesale).

Microbusiness dispensary facility means 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 consumer, qualifying patient, as that term is defined in this section, or primary caregiver, as that term is defined in this section, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of this article 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 dispensary facility's authority to process marijuana shall include the creation of prerolls.

Microbusiness wholesale facility means a facility licensed by the department to acquire, cultivate, process, package, store on site or offsite, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as 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.

Mobile home means a transportable, factory built home, designed to be used as a yearround residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 16, 1976.

Modular unit means a transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational, or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site purposes.

Motel or motor hotel means a tract of land upon which two (2) or more tourist sleeping units and the required parking areas are located.

Nonconforming use, building or yard means a use, building or yard existing legally at the time of the passage of this chapter which does not, by reason of design, uses, or dimensions, conform to the regulations of the district in which it is situated.

Place means an open, occupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

Preroll means 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.

Qualifying patient means a Missouri resident diagnosed with at least one qualifying medical condition.

Rear line means the boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the building inspector shall determine the rear line.

Restaurant means a building wherein food is prepared and served in ready to eat form to the public for human consumption. The term restaurant shall include cafe, cafeteria, grill, pizza or chili parlor, diner, snack shop, hamburger shop and steak house.

Retirement home means a facility designed to meet the needs of, and exclusively for, the residence of senior citizens and which may include convalescent care facilities.

School means any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

Service station, truck stop means a use primarily engaged in the sale of diesel fuel, gasoline or other fuels to tractor trucks, along with accessory activities such as the sale of lubricants, accessories or supplies, or the servicing of tractor trucks or semi-trailers. A truck stop service station may include, as an accessory use, the parking and storage of tractor trucks and semi-trailers.

Shelter means a building or other structure where lodging, or lodging and meals, are provided, at no cost or at a charge that is less than the full cost of providing same, whether or not additional services are provided at that location. Such additional services may include, but are not limited to, counseling and drug or alcohol rehabilitation.

Side line means any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.

Sign means any words, numerals, figures, devices, designs, or trademarks by which information is made known such as are used to identify or call attention to a building, structure or object, or designate or mention an individual, profession, firm, business or commodity.

Stable, private means an accessory building for the keeping of horses or mules owned by occupants of the premises, and not kept for remuneration, hire or sale.

Stable, public means a stable other than a private or riding stable as defined herein.

Stable, riding means a structure in which horses or mules used exclusively for pleasure riding or driving are housed, boarded, or kept for hire; including riding track.

Story means that part of a building included between the surface of one (1) floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or main street grade, or average ground level, as mentioned in "height of buildings," of this section.

Street means a public thoroughfare which affords principal means of access to property abutting thereon.

Street line means the dividing line between the street and the abutting property.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.

Townhouse means a dwelling unit located in a group of three (3) or more attached to townhouse dwelling units with no other dwelling unit located above or below another and with each dwelling unit having at least one (1) interior common wall and a private exterior entrance.

Trailer courts or mobile home parks means a tract of land improved with adequate utilities and roadways, properly subdivided into lots, and intended or used for the parking of one (1) or more house trailers or mobile homes.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. Where lots abut a street that is designated a thoroughfare or major street on the major street plan of the comprehensive plan, all yards abutting said major street shall be measured from a line one-half the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback. On other lots, all yards abutting a street shall be measured from a line twenty-five (25) feet from the center line, or from the lot line, whichever provides the greater setback.

Yard, front means a yard across the full width of the lot extending from the front line of the main building to the front street line of the lot.

Yard, rear means a yard between the rear lot lines and the rear line of the main building and the side lot lines.

Yard, side means a yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof.

(Code 1978, § 400.010; Ord. No. 6739, § 1, 7-25-95; Ord. No. 6772, § 1, 9-26-95; Ord. No. 97-5, § I, 2-11-97; Ord. No. 99-71, § I, 9-16-99; Ord. No. 10-29, § I, 7-27-10; Ord. No. 14-54, § I, 11-12-2014; Ord. No. 19-33, § I, 7-23-2019; Ord. No. 23-15, § 1(Exh. A), 2-28-2023)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements or covenants between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than are imposed by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants, or agreements, the provisions of this chapter shall control.

(Code 1978, § 400.020)

The owner or general agent of a building or premises where a violation of any provision of the regulations of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any violation (such person, who, having been served with an order to remove any such person's violation shall fail to comply with said order within ten (10) days after such service, or shall continue to violate any provision of the regulations) made under authority of this act in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

(Code 1978, § 400.050)

State Law reference— Similar provisions, RSMo 89.160.

Except as hereinafter provided:

(1)

No building or structure shall be erected, constructed, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.

(2)

No building or structure shall be erected, constructed, extended, enlarged, reconstructed or structurally altered to exceed the height or area limit herein established for the district in which such building or structure is situated.

(3)

No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

(Code 1978, § 405.030)

No city-owned real estate with an estimated value exceeding ten thousand dollars ($10,000.00) shall be purchased, sold, or traded without first obtaining an appraisal of the value of said property by a neutral certified commercial real estate appraiser.

(Ord. No. 97-38, § I, 8-12-97)

Editor's note— Ord. No. 97-38, § I, adopted Aug. 12, 1997, did not specifically amend the Code; therefore, these provisions have been included as § 25-5, at the editor's discretion.