[Ord. No. 882 §2, 12-14-2006; Ord. No. 1400 §4, 12-18-2014; Ord. No. 1513 §1, 3-16-2016; Ord. No. 1748, 1-16-2019; Ord. No. 1777, 7-31-2019; Ord. No. 1821, 12-18-2019; Ord. No. 2065, 2-15-2023; Ord. No. 2114, 10-18-2023]
The following definitions shall apply in interpretation and enforcement of this Chapter, unless otherwise specifically stated:
ABUTTINGTo have a common zoning district boundary or zoning lot boundary. For the purposes of this Chapter, a zoning lot line shall be considered to abut a zoning district line even though it may be separated therefrom by a street, parkway, sidewalk, public way, alley, waterway, railroad right-of-way or portion thereof. "Adjacent," "adjoining" and "contiguous" shall have the same meaning as "abutting."
ACCESSORY BUILDING OR STRUCTUREA subordinate building or structure having a use customarily incident to and located on the lot occupied by the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.
ACCESSORY USEA use incidental and subordinate to the principal use of the premises.
ADMINISTERShall have the same meaning as set forth in 19 CSR 30-95.010(1), as amended.
ADULT ORIENTED ITEMSShall consist of:
1. Sexual devices: Any three-dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are marketed for sexual purposes, such as chains, handcuffs or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy; or
2. Sexually explicit materials: Any book, magazine, pamphlet, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, pictorial representation, statue, figure or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
AGRICULTURALThe use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, commercial riding stables, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feedlots or pens, sales yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use.
ALLEYA minor public or private right-of-way shown on a plat providing secondary vehicular access to the rear or side of a lot, block or parcel of land otherwise abutting a street.
ALTERATIONAny addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.
ANTENNACommunications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
APARTMENTA room or a suite of rooms within an apartment house arranged, intended or designed as a place of residence of a single family or group of individuals living together as a single housekeeping unit.
APARTMENT HOUSEA multi-family dwelling unit building with two (2) or more apartments. At least two (2) dwelling units are owned by the same entity and at least one (1) dwelling unit is not owner occupied.
AREA, PROJECT1. Gross project area. Total project area.
2. Net project area. Total project area less land allocated to public street right-of-way, private streets, common ground, parking areas and any land allocated to specified non-project uses such as schools and churches when determining the "net residential project area" to be used as a basis for calculating the number of permitted dwelling units for a planned unit development.
BANKAn office building or portion thereof which provides for the custody, loan, exchange or issue of money, the extension of credit or facilitating the transmission of funds and which may include accessory drive-up units on the same premises.
BASEMENTA story below the first (1st) story, as defined under "story", counted as a story for height regulations in multi-family districts if subdivided and used for dwelling purposes.
BASE STATIONA station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics, and includes a structure that currently supports or houses an antenna, a transceiver, coaxial cables, power supplies, or other associated equipment.
BLOCKAn 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.
BOARD OF ALDERMENThe officially elected Board of Aldermen of the City of Cottleville.
BOARDING HOUSE or LODGING HOUSEA building, other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for four (4) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
BUILDERAn entity engaged in the construction of buildings but not necessarily a developer.
BUILDINGAny structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device such as furniture, machinery or equipment.
BUILDING COVERAGEThe proportion of the lot area expressed as a percent that is covered by the maximum horizontal cross section of a building or buildings.
BUILDING HEIGHTThe vertical distance from the average ground level abutting a building or structure to the highest point of the roof of a building or highest point of any permanent part of a structure other than a building.
BUILDING LINE or SETBACK LINEA line parallel to a street right-of-way line, edge of a stream or other property line established on a parcel of land or lot for the purpose of prohibiting construction of a building or structure in the area between such building line and right-of-way stream banks or other property line.
BULKThe term used to indicate the size and setback of a building or structure and the location of same with respect to another building or structure or to a lot line and includes the following: size and height of a building or structure; location of exterior walls of a building in relation to lot lines, streets or other buildings; the floor area of a building in relation to the area of the lot on which it is located; the open space allocated to a surrounding building; and the amount of lot area per dwelling unit.
CAMOUFLAGEDAny wireless support structure that is designed to blend into the surrounding environment. Examples include wireless support structures which are made to look like trees, light poles, or flag poles.
CEMETERYA place for burial of the dead, including crematory facilities as an accessory use.
CHILD DAY-CARE CENTERShall have the same meaning as the term "Daycare" as set forth in 19 CSR 30-95.010(6), as amended.
CHURCHShall have the same meaning as set forth in 19 CSR 30-95.010(5), as amended.
CITYThe City of Cottleville, Missouri.
CITY ENGINEERThe officially appointed engineer of the City of Cottleville.
CITY PLANNING AND ZONING COMMISSIONThe officially appointed Planning and Zoning Commission of the City of Cottleville; the term may be abbreviated in this Chapter as the "Commission".
CLUBA building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.
COLLOCATIONThe placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.
COMMON GROUNDLand included in a subdivision record plat that is not part of any lot nor part of the dedicated right-of-way. The term implies land that is held in common ownership by all owners of lots in the subdivision, usually through a homeowners' association.
COMPREHENSIVE FACILITYA comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITYA facility licensed by DHSS 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 marijuana 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 pre-rolls, but shall not include the manufacture of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITYA facility licensed by DHSS 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 in Article
XIV, Sections 1 and 2, of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations in Article
XIV, Sections 1 and 2, of the Missouri Constitution and this Chapter and otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary facility 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 tax for each sale, as set forth in Article
XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of pre-rolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by DHSS to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, pre-rolls, and infused pre-rolls 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.
COMPREHENSIVE PLANA comprehensive land use plan made and adopted by the City Planning and Zoning Commission for the City of Cottleville which, through any combination of text, charts and maps sets forth proposals for general locations for various land uses, streets, parks, schools, public buildings, utilities and for the physical development of Cottleville.
CONDITIONAL USEA use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as conditional uses, if specific provisions for such conditional use is made in this zoning ordinance.
CONDOMINIUMMulti-family dwelling unit with dwelling units owned by different entities.
CONSTRUCTION PLANSThe engineering drawings showing types of materials and construction details for physical structures and facilities, excluding dwelling units, to be installed in conjunction with any development.
CONSUMERFor purposes of marijuana regulations, a person who is at least twenty-one (21) years of age.
CONSUMER CULTIVATION IDENTIFICATION CARDAn identification card authorized pursuant to Article
XIV, Section 2, of the Missouri Constitution, issued by DHSS, allowing the holder to cultivate non-medical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
CUL-DE-SACA local street with only one (1) outlet and having an appropriate turnaround at the end for the safe and convenient reversal of traffic movement.
CULTIVATIONAs related to activity authorized pursuant to Article
XIV, Sections 1 and 2, as applicable, of the Missouri Constitution and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
CURB LEVELThe mean level of the curb in front of the lot or, in the case of a corner lot, along that abutting street where the mean curb level is the highest.
DAY CARE CENTERA place which provides shelter and personal care on a regular basis for six (6) or more children who are not related, within the third (3rd) degree computed according to civil law, to the operator for four (4) or more hours of any part of a twenty-four (24) hour day, whether such place be organized or operated for profit or not. The term "day care center" includes any child care facility, kindergarten, nurseries or any other facility that falls within the scope of the definitions set forth above, regardless of auspices.
DEDICATIONTransfer by the developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by formal deed of conveyance, plat or by any other method recognized by the laws of the State of Missouri.
DENSITYThe number of dwelling units per acre of gross land area.
DEVELOPERAny person, persons, corporation or government agency undertaking any development as defined in this Chapter. The term "developer" includes such commonly used references as subdivider, owner and proprietor but not builder.
DEVELOPMENTAny subdivision of land as herein defined or any material change in the use or appearance of any parcel of land subject to provisions of this Chapter or the act of building structures and/or installing site improvements.
DHSSThe Missouri Department of Health and Senior Services, or its successor agency.
DISTRICTA section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
DOMESTIC ANIMALSAnimals kept exclusively for the personal enjoyment of the occupants of a principal building and including those animals normally kept as pets.
DORMITORYA building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.
DRIVE-IN ESTABLISHMENTSAny business so developed that its retail or service character is primarily dependent upon serving patrons who remain in their motor vehicles in a driveway or parking spaces.
DWELLINGA building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, boarding and lodging houses, apartment houses and town houses but not hotels or motor hotels.
DWELLING, MULTIPLE-FAMILYA building or portion thereof arranged, intended or designed for occupancy by three (3) or more families on a rental or ownership basis and commonly referred to as a triplex or apartment building.
DWELLING, SINGLE-FAMILYA detached building containing one (1) dwelling unit; provided, however, notwithstanding any other provision of this Code to the contrary, for purposes of this Chapter a group home shall be included within the definition of a single-family dwelling. The term does not include mobile homes, manufactured homes or modular homes, regardless of whether or not affixed to a permanent foundation or made a part or fixture of the real estate, where situated, in any other manner.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two (2) families living independently of each other and being located on a single lot.
DWELLING UNITA separate, independent living quarter consisting of one (1) or more connected rooms with permanently installed bathroom and kitchen facilities, occupied by a family group or single person (or vacant quarters normally so occupied).
EASEMENTA right or privilege to use a portion of another's property for a particular purpose.
ELECTRICAL TRANSMISSION TOWERAn electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.
ELIGIBLE FACILITIES REQUESTAny request for modification of an existing structure or base station that involves:
1. Collocation, as defined herein;
2. Removal of accessory equipment; or
3. Replacement of wireless facilities.
ENGINEERA professional engineer registered in the State of Missouri.
EQUIPMENT COMPOUNDAn area surrounding or near a wireless support structure within which are located wireless facilities.
EXISTING STRUCTUREA structure that exists at the time a request to place wireless facilities on a structure is filed with the Director of Public Works. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with Chapters
500 and
505 of the Municipal Code of the City of Cottleville and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
FAMILYOne (1) or more persons who are related by blood, marriage or adoption living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than five (5) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities of a non-profit cost-sharing basis or as further defined by State Statute.
FLOODPLAINThat area of land adjoining the channel of a river, stream, watercourse, lake or similar body of water which will be inundated by a flood which has a one (1) in one hundred (100) probability of occurrence in a given year as defined by the U.S. Corps of Engineers and required by the National Flood Insurance Act.
FLOOR AREAFor commercial business and industrial building or buildings containing mixing uses, the sum of the gross horizontal areas of the several floors of the building measured from the exterior walls, but not including:
1. Attic space providing headroom of less than seven (7) feet;
2. Easement space not used for retailing;
3. Accessory water and cooling towers.
FOR RESIDENTIAL BUILDINGSThe gross horizontal areas of the several floors of a dwelling exclusive of garages, basements and open porches measured from the external faces of the exterior walls.
FRONTAGEThe length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street right-of-way.
FRONTAGE ROADUsually provided because of restricted driveway access on a main road, the frontage road parallels the main road and provides direct driveway access to lots, collects traffic and intersects with the main road at controlled locations.
GARAGE, COMMUNITYA building or portion thereof, other than a public or repair garage, providing storage for motor vehicles but no other services, such garage to be in lieu of private garages within a block or portion of block.
GARAGE, PRIVATEAn accessory building or portion of a main building used for storage of personal use motor vehicles.
GARAGE, REPAIRA building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes.
GARAGE, STORAGEA building or portion thereof, except those defined as a private, a repair or a community garage, providing storage for motor vehicles with facilities for washing but no other services.
GARDEN APARTMENT BUILDINGA two- or three-story multi-family apartment building usually of wood frame construction. The typical garden apartment building is designed with apartment flats which extend through the building without a central corridor. One-half (½) of the units have ground level patios and the second-story units have balconies. In land planning the trend is toward two-story walk-up buildings at low density with open spaces for recreational purposes and to preserve the natural terrain and trees. Frequently, a sloping site can be adapted to gain another story without necessitating more than one (1) flight of stairs.
GREENBELT or BUFFER STRIPA strip of land located between incompatible land uses which is subject to private use restrictions or a negative easement or is dedicated to public use as open space for the purpose of protecting the built environment of a subdivision or to enhance a street right-of-way or both.
GROUP HOMEAny 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.
HEIGHT OF BUILDINGS AND STRUCTURESThe height of a building or structure shall be the vertical distance measured from a ground reference point (as described below) to the highest point of any permanent part of the structure. The ground reference point for said measurement shall be the highest of any of the following levels:
2. The established or mean street grade in case the curb has not been constructed.
3. The average a finished ground elevation across the front of the building (measured at the front building wall) where the building or structure sets back from the street.
The height of buildings shall be measured to the level of the highest point of the roof beams of flat roofs or roofs sloping not more than one (1) inch to the foot and to the highest point of the roof of a building for other roofs, excluding chimneys, antennas and other appurtenances. |
HOME OCCUPATIONAn occupation carried on within a dwelling by one or more residents of the dwelling, provided the residential character of the dwelling is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. (See Section
405.765).
HOMEOWNER BUSINESSA business conducted on residentially zoned property where the owner of said business resides in a single-family dwelling on the same lot. (See Section
405.765)
HOTEL or MOTOR HOTELA 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 ten (10) sleeping rooms.
INSTITUTEA building occupied by a non-profit corporation or a non-profit establishment.
JUNK YARDA parcel of land upon which the principal or accessory use is the accumulation of used, discarded or worn out materials or manufactured products, any of which may or may not be reusable or salable.
KENNELA lot or building in which four (4) or more dogs or cats at four (4) months of age are kept commercially for board, propagation or sale.
LANDSCAPE BUFFERA strip of land located between different land uses which is for the purpose of protecting a less intensive use or to enhance a street right-of-way or both.
LARGE ANIMALAny animal which normally weighs more than fifty (50) pounds at maturity including, but not limited to, horses, bison, emus, ostrich, cattle, llamas, certain breeds of dogs, burrows, goats, etc.
LAUNDROMATA 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.
LIVESTOCKLarge animals raised for commercial purpose, including horses, cattle, pigs, hogs, goats, sheep, ostriches, emu, llamas, etc.
LIVING AREAThe area of a dwelling unit composed of those rooms designed for and exclusively used for residential purposes, including bedrooms, kitchen, dining room, den/library, bathrooms, family and living rooms, stairwells and hallways connecting these rooms but not including the garage or basement.
LOADING SPACEA hard surfaced space within the main building or on the same lot providing for the standing, loading or unloading of trucks, which space shall have a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
LOTA measured and subdivided portion of a parcel or a tract of land, set forth in a plat, recorded or proposed to be recorded and intended as a unit for transfer of ownership or for development.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT COVERAGEIncludes the total area of all principal and accessory buildings as measured along the outside wall at ground level or above, as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirements. The percent of lot coverage shall be computed as follows:
| Percent of lot coverage. One hundred (100) times the square feet of ground coverage of all principal and accessory buildings divided by the total square feet of lot area. |
LOT, DOUBLE FRONTAGEA lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
LOT, THROUGHAn interior lot having frontage on two (2) streets.
LOT LINE, FRONTThe boundary between a lot and the street on which it fronts.
LOT LINE, REARThe boundary line or lines opposite and most distant from the front street line; except that, in the case of uncertainty, the Director of Public Works shall determine the rear line.
LOT LINE, SIDEAny 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.
LOT LINESThe lines bounding a lot as defined herein.
LOT WIDTHThe distance between side lot lines measured along the front building line.
MANUFACTURED HOMEA detached single-family dwelling unit with all of the following characteristics:
1. Designed for long-term occupancy, containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
2. Designed to be transported after fabrication on wheels or on a flatbed;
3. Delivered to a site where it is to be occupied as a complete dwelling, including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, etc.; and
4. Designed to have a permanent foundation.
MARIJUANACannabis indica, Cannabis saliva, 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" does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA FACILITYA 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 DHSS, but shall not include a medical marijuana facility licensed by the DHSS.
MARIJUANA TESTING FACILITYA facility certified by DHSS to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.
MARIJUANA-INFUSED PRODUCTSProducts 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 pre-rolls.
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by DHSS to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as "clones") to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of pre-rolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by DHSS 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 pursuant to the terms of Article
XIV, Section 1, of the Missouri Constitution to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a medical marijuana testing 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 pre-rolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA FACILITYA medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or a marijuana testing facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by DHSS to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.
MICROBUSINESS DISPENSARY FACILITYA facility licensed by DHSS 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 pursuant to the terms of Article
XIV, Sections 1 and 2, of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of Article
XIV, Sections 1 and 2, of the Missouri Constitution and this Chapter 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 pre-rolls.
MICROBUSINESS WHOLESALE FACILITYA facility licensed by DHSS to acquire, cultivate, process, package, store on-site or off-site, 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 plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of pre-rolls and infused pre-rolls.
MOBILE HOMEA self-contained single-family unit designed to be transported after fabrication on wheels or on a flatbed, delivered to a site, ready for use except for minor unpacking and assembly, location on foundation supports, connection to utilities, etc.
MOBILE STATIONA radio-communication station capable of being moved and which ordinarily does move.
MOTOR VEHICLE ORIENTED BUSINESS (MVOB)Any commercial business which, by design, type of operation and nature of business, has as one (1) of its functions the provision of services to a number of motor vehicles or their occupants in a short time span for each or the provision of services to the occupants of the motor vehicle while they remain in the vehicle. The list of such businesses include gasoline service stations, drive-in banks, drive-in restaurants, drive-in beverage sales and car wash operations. These examples are not intended as a comprehensive list of such businesses.
NEGATIVE EASEMENTA grant by the developer to the public, a corporation or person(s) for use of a recorded strip of land for open space or other non-developed purposes. See "COMMON GROUND".
NON-ACCESS RESERVATIONA parcel or tract of subdivision land withheld from development and subject to private use and access restrictions for the purpose of protecting the environment of subdivision or to enhance a street right-of-way or to improve traffic flow on a principal street.
NON-CONFORMING USE, BUILDING OR YARDA use, building or yard existing legally at the time of the passage of this Chapter or any amendment thereto which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.
NURSING HOMEA residence or other place licensed by the State of Missouri as a nursing home.
OPEN SPACELand dedicated or reserved for use by the general public or for use by residents of the subdivision or land held out of development and retained in its natural conditions with or without public access. Open space includes, but is not limited to, parks, parkways, playgrounds, school sites, wildlife or plant life preserves and nature study areas.
OPEN SPACE (PRIVATE)Land which is free of buildings, structures, parking lots and access driveways. The following examples illustrate what may be counted as open space within this definition:
2. Paved pedestrian sidewalks and outdoor courtyards and plazas,
3. Outdoor recreational areas, including swimming pools, paved or unpaved recreational areas.
To meet the minimum open space requirement of this Article, all open space shall be located on the privately owned development lot, except any portions of the lot dedicated for public recreational use can be included in meeting the open space requirement and any portion of the street right-of-way which is designated as a "pedestrian streetscape zone" under this Article may be included in meeting the open space requirement. |
OVERLAY DISTRICTA district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
PARCEL or TRACTA continuous area or acreage of land that can be divided or subdivided as provided by this Chapter.
PARKING AREAAn open, unoccupied space used or required for use for parking vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
PARKING LOTAn open surfaced area used exclusively for the temporary storage of motor vehicles, but no vehicles may be equipped, repaired, rented or sold.
PARKING SPACEA surfaced area, enclosed in the main building or in an accessory building or unenclosed, reserved for the purpose of parking of motor vehicles per Article
VIII of this Chapter.
PLANNED UNIT DEVELOPMENTA tract of land to be developed as an entity according to a plan and which may contain multiple uses; a planned unit development (PUD) may be planned, developed and regulated as a single land use unit.
PLANT NURSERYA garden, greenhouse, or other cultivated land and related structures designed and intended to be used only for the cultivation and sale of live vegetation and related accessories.
PLATA graphic representation of a tract of land or a subdivision of land showing developmental boundaries and features such as property lines.
PRE-ROLLA consumable or smokable marijuana product, generally consisting of: 1) a wrap or paper, and 2) dried flower, buds, and/or plant material. Pre-rolls may or may not include a filter or base at the product.
PRIMARY CAREGIVERShall have the same meaning as set forth in 19 CSR 30-95.010(30), as amended.
PUBLIC USE AREASPublic parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or enjoyment.
QUALIFYING PATIENTShall have the same meaning as set forth in 19 CSR 30- 95.010(35), as amended.
QUALIFYING PATIENT CULTIVATION IDENTIFICATION CARDAn identification card, authorized by Article
XIV, Section 1, of the Missouri Constitution, issued by DHSS allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
REPLACEMENTIncludes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the pre-existing wireless facilities or wireless support structures.
REVERSE FRONTAGEFrontage on a road to which access is prohibited. When a subdivision lot occurs between two (2) non-intersecting streets, one (1) of which is a parkway, thoroughfare or collector and the other is a minor residential street, the lot will front on the minor residential street and a non-access reservation will be provided buffering the rear of the lot from the traffic artery.
REVERSE FRONTAGE ROADA service road which provides access to the back side of lots, rather than the front, usually provided because of restricted access conditions on the main road. A reverse frontage road functions as a collector road by collecting traffic from individual lots and intersecting with the main road at controlled locations.
RIGHT-OF-WAYThe land opened, reserved or dedicated for a street, sewer, walk, drainage course or other public purpose.
SCREEN PLANTINGA hedge of closely spaced shrubs with dense foliage in all seasons that effectively blocks view.
SETBACKThe distance from the property line that a main structure must be located in order to accommodate the zoning district yard requirement.
SHOPPING CENTERA group of retail stores planned and developed for the site upon which they are built and owned and managed as a unit with off-street parking provided on the property.
SIGNSSee definitions contained in "Permanent Sign Regulations" of the City of Cottleville zoning ordinance.
SITE PLANA plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, and, depending on requirements, the locations of proposed utility lines.
SPECIAL DISTRICTA district established to accommodate a narrow or special set of uses or for special purposes such as the protection or enhancement of the special qualities of an area. The term can signify any district beyond the conventional residential, commercial, industrial and agricultural districts.
STORYThat 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 between the surface of a floor and the ceiling next above. 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 (1st) story is a half-story when between fifty percent (50%) and seventy-five percent (75%) of the area of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.
STREETA general term denoting a public or private thoroughfare which affords the principal means of access by vehicular traffic to abutting property. The term includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court or other such terms, but shall not include pedestrian way or alley. For dedication purposes, it may refer to the width of the right-of-way, not just the paved area.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls, columns, beams or girders, or the addition of new electrical circuits or plumbing fixtures to the building.
STRUCTUREAny relatively immobile improvement on land composed of manmade materials. This includes pools, whether above ground or in-ground, sheds, garages, gazebos, etc., but not fences, retaining walls, pavements or swing sets.
SUBDIVIDERAny person, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as defined herein.
SUBDIVISIONThe 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 change in lot lines.
SUBSTANTIAL MODIFICATIONThe mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
1. Increases the existing vertical height of the structure by:
a. More than ten percent (10%); or
b. The height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
2. Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
3. Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
4. Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
TOWN HOUSEThe town house, once known as the row house, is a single-family attached unit. Town houses are characteristically built as individual units in a series of four (4) to eight (8) houses with common sidewalls between units and a side yard on the end unit only. Typically, the town house has two (2) stories but may be designed with one (1), two (2) or three (3) stories and may be built on slab or on basement. Built-in garages are often constructed as part of the unit. Town houses usually have a fenced private rear yard patio for outdoor living.
TRANSITION STRIPA strip of land located between incompatible land uses that is subject to private use restrictions or a negative easement or is dedicated to public uses as open space for the purpose of protecting the build environment of a development or to enhance a street right-of-way or both.
TRAVEL TRAILERSIncluding automobile tent trailers, recreational vehicles or house cars designed to provide temporary mobile housing for highway and recreational travelers. Such use shall be considered equivalent to a hotel, tourist court or motor hotel for zoning purposes.
USEThe purpose or activity for which a piece of land or its buildings is designed, arranged or intended or for which it is occupied or maintained.
USE PERMITTEDA use which is permitted in the zoning district in which it is located.
USES PERMITTED UPON REVIEW AND APPROVALA review conducted by the Planning and Zoning Commission whereby a use is permitted to occur in that district but only upon its approval and subject to those conditions placed upon it by the Commission.
UTILITYAny person, corporation, county, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, waste water, data, cable television, or telecommunications or internet protocol-related services.
UTILITY POLEA structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.
VARIANCEA 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.
VEGETATED BUFFERArea of plant life or total plant cover established adjacent to and in order to protect a watercourse.
VEHICLE STORAGE LOTSAn area for the overnight storage or long-term warehousing of vehicles under one (1) ownership. Vehicle storage lots shall be exempt from the minimum off-street parking regulations and landscaping requirements contained in this Article as they apply to the interior of said lot. However, vehicle storage lots shall meet all exterior setback and screening requirements of the district in which they are located.
VILLAA single or two-story structure entirely surrounded by common ground whose structure exterior is maintained by the homeowners' association. The structure may be a freestanding, single unit or not greater than a three-unit structure.
WATER TOWERA water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
WIRELESS COMMUNICATIONS SERVICEIncludes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301.
WIRELESS FACILITYThe set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.
WIRELESS SUPPORT STRUCTUREA structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.
YARDAn 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, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the foundation line of the main building shall be used. Where lots abut a street, all yards abutting said street shall be measured from the street right-of-way.
YARD, FRONTA yard across the full width of the lot extending from the front foundation line of the main building to the right-of-way of the street providing access to the lot. In the case of corner lots and through lots, the front yard requirement shall apply to the side and rear of the main structure.
YARD, REARA yard between the rear lot line and the rear foundation line of the main building and between the side lot lines.
YARD, SIDEA yard between the foundation line of the main building and the adjacent side line of the lot and extending from a front building line to the rear building line.
ZERO LOT LINE DWELLING UNITA development approach in which a freestanding building is sited on one (1) or more lot lines with no yard on the zero lot line side in order to increase the amount of usable open space on the remaining area of the lot. Zero lot line dwellings are designed with no windows facing the zero lot line side and are internally oriented to an enclosed, private courtyard or patio. Typically the zero lot line unit is a one-story, L-shaped single-family house designed as a two-, three- or four-bedroom unit on lots eighty (80) to one hundred (100) feet deep by forty (40), fifty (50) or sixty (60) feet wide, at density of five (5) to seven (7) families per gross.