Crestwood City Zoning Code
ARTICLE II
Definitions
§ 26-5 Defined Terms.
[R.O. 1985 § 26-5; 1-12-2021 by Ord. No. 5119; Ord. No. 5167, 7-27-2021; Ord. No. 5308, 11-22-2022; Ord. No. 5309, 11-22-2022; Ord. No. 5326, 1-24-2023; Ord. No. 5336, 2-28-2023; Ord. No. 5361, 5-23-2023; Ord. No. 5460, 5-28-2024; Ord. No. 5502, 11-26-2024]
All terms used in these regulations shall have their commonly accepted meaning based upon the context of their use within this Code. The following terms shall have the meaning given below, unless more specifically described, limited, or qualified within the standards of this Code.
Having a common border with, or being separated from such a common border by, a right-of-way, alley, or easement.
A subordinate building having a use customarily incidental 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. For the purposes of this Chapter, items such as basketball goals and uprights, fences, bird baths, swing sets, and landscaping-related site amenities, such as benches, yard lighting, statuary, and landscape timbers used to define yard areas, shall not be considered accessory buildings for the purpose of yard requirements. Also see definition of "structure."
A use incidental and subordinate to the principal use of the premises.
See "sexually oriented businesses."
A 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.
As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress. This definition includes an enlargement or reduction of a building or structure, whether by moving a side or by changing the height. Also, the moving of a building or structure from one (1) location or position to another is considered an alteration.
Any establishment wherein there are more than five (5) mechanical amusement devices permitted to operate.
A professional architect registered in the State of Missouri.
Plans and other drawings that depict the actual as-constructed conditions of a property and its improvements. Also known as "record set."
An open space within a building that connects two (2) or more floors or levels.
As used herein, includes passenger cars, motorcycles, vans, trucks, and recreational vehicles.
The flood elevation having a one percent (1%) chance of being equaled or exceeded in any given year.
A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building. If more than fifty percent (50%) or five (5) feet, whichever is greater, is exposed above the grade, the area is counted as a story in height regulations.
A definite point of known location and elevation, and set with a permanent monument. The identity and elevation shall be based on United States Geological Survey (USGS) datum. Benchmarks established by the 1981 Metropolitan St. Louis Sewer District (MSD) benchmark loop system, and official additions thereto, or the Missouri Department of Transportation (MODOT), or St. Louis County are acceptable benchmarks.
An area of land that is entirely bounded by streets, highways, or rights-of-way except alleys, or between streets, highways, streams, parks, etc., or any other barrier, or combination thereof, to the continuity of development.
See "structure."
The proportion of the lot area, expressed as a percent that is covered by the maximum horizontal cross section of a building or buildings.
The vertical distance from the average finished grade 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.
See "setback."
A facility primarily for the purpose of cleaning, washing, and/or waxing motor vehicles, such as passenger cars, trucks, and vans, and trailers, either by mechanical equipment with vehicles on a self-propelled wash rack, or where a patron washes a vehicle with a high-powered hose in a service bay.
An open-sided shelter designed primarily for parked motor vehicles, whether attached to a house or detached. A carport may have as many as three (3) walls or as few as none.
A place for burial of the dead, including crematory facilities as an accessory use.
The City of Crestwood, Missouri.
A 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.
Natural or landscaped open space within or related to a development, not in individually owned lots, designed and intended for siting common facilities (e.g., recreation facilities and storm drainage detention facilities) and for the common use of the residents and property owners of the development. "Common ground" is intended to be synonymous with "common open space," "common land," and "common area" when used in the appropriate context.
A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood.
The Comprehensive Plan for the City of Crestwood as adopted by the Planning Commission in accord with the provisions of Section 89.360, RSMo., and as may be updated or amended from time to time.
A form of property ownership occurring in accordance with the Uniform Condominium Act, Chapter 448, RSMo.
The engineering drawings showing types of materials and construction details for physical structures and facilities.
A retail establishment having a gross floor area of ten thousand (10,000) square feet or less, primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets. A convenience store may be paired with a gasoline station.
See "lot, corner."
The mean level of the curb in front of the lot, or in the case of a corner lot, along the abutting street where the mean curb level is the highest.
The number of dwelling units per acre of gross land area.
A person, firm, or corporation undertaking land development activity, including the subdivision of land and other improvements to land, pursuant to the requirements of this Chapter.
All structures and other modifications of the natural landscape, above and below ground on a particular site, including, but not limited to, grading, removal of trees, paving, installation of utilities, or the erection of structures.
Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building locations, landscaping, and the like. A planned development includes provisions for the operation and maintenance of common areas, facilities, and improvements that are for use by the occupants of the planned development, but which will not be provided, operated, or maintained at public expense.
The Director of Public Works of the City of Crestwood or his/her designee. Any reference to the "City Engineer," to the "Director of Public Services" or the "Public Works Director," whether in this Chapter 26 or any other chapter of this Code, shall be construed to mean the Director of Public Works of the City of Crestwood or his/her designee, unless the context clearly indicates otherwise.
See "lot, through."
Any business so developed that its retail or services character is dependent upon serving patrons who remain in their motor vehicles in a driveway or parking spaces.
A large container designed and used for storage of items to be thrown away, refuse, rubbish, trash, garbage, junk, and/or debris for a period of time corresponding to a particular task or project. Such container is typically rented or leased to owners or occupants of property for their temporary use and is typically delivered and removed by truck. This term shall not be interpreted to refer to a trash can, trash container, or a dumpster that is stored in a more permanent manner on the property and from which trash is collected on a recurring basis.
A building, or portion thereof, designed exclusively for residential occupancy.
A building, or portion thereof, arranged, intended, or designed for occupancy by two (2) or more families.
A detached building arranged, intended, or designed for occupancy by one (1) family. For the purpose of this Chapter, single-family dwelling shall include any not-for-profit home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. See Article XII, Section 26-78A, "group homes" defined, for additional information.
Two (2) or more single-family dwellings sharing common wall areas, each on its own individual lot.
A grant of one (1) or more of the property rights by a property owner to, or for use by, the public, a corporation, or another person or entity for a specific purpose (e.g., for utility lines or ingress/egress).
A professional engineer registered in the State of Missouri.
Any act by which earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
An individual or any number of related, by blood or marriage, persons, or a group of not more than three (3) unrelated persons, or two (2) unrelated non-transient adults and their dependents, including foster children living together as a single not-for-profit housekeeping unit, sharing a common kitchen facility, but not including group quarters, such as dormitories, fraternities, sororities, motels, hotels, rooming houses, or boardinghouses.
A parcel of land used for commercially growing or raising agricultural products, including related structures thereon.
Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume servings, for consumption either within the restaurant building or for carry-out, and where either:
Foods or beverages are usually served in edible containers or in paper, plastic, or other disposable containers, or where customers are not served their food or beverages of any type by a restaurant employee at the same table or counter where the items are consumed; or
The establishment includes a drive-up or drive-through service facility or offers curb service.
A barrier made of posts, pickets, boards, masonry, stone, metal, or other permanent, durable material, erected to mark or indicate a nearby lot boundary line and/or to provide privacy and construction in conformance with the Building and Property Maintenance Codes adopted by the City of Crestwood.
Any act by which earth, sand, gravel, rock, or any other similar material is deposited, placed, pushed, pulled, or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.
See "lot, flag."
That area within the City subject to a one percent (1%), or greater, chance of flooding in any given year, as defined by the U.S. Army Corps of Engineers and the National Flood Insurance Act.
That area derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
The sum of the gross horizontal area of all floors of a building, including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except first floor area, rooftop mechanical equipment enclosures, and the enclosed mall areas of shopping centers.
A measure of light falling on a surface. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining on a one-square-foot surface located one (1) foot away.
The 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.
An enclosed building primarily designed for motor vehicles. A garage can either be attached to the main building or detached and surrounded by open space.
Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not engaged in major repair work, such as engine replacement, body and fender repair, or spray painting.
A specific elevation or reference point associated with a topographical survey point, building floor, benchmark, etc. See "slope."
Excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation, fill or reprofiling the ground surface.
A permit allowing the commencement of grading, excavation, or filling of land, but not permitting installation of site or building improvements which require an improvements construction permit or a building permit.
A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.
See "building height."
A facility for the servicing, take-off, and landing of helicopters.
A business owned and operated by the owner or tenant of the residential dwelling and operated in a residential dwelling or accessory structure, which is clearly incidental and secondary to the use of the premises for residential purposes and does not change the residential character of the premises or adversely affect the character of the surrounding neighborhood.
See "subdivision association."
An institution providing medical and surgical care for humans only, for both in- and outpatients, including medical service, training, and research facilities, but excluding residential or outpatient facilities for the treatment of alcohol and other drug abuse.
A building in which lodging is provided to the public, usually on a transient basis.
The engineering and landscape design drawings and specifications indicating types of materials, location, and construction details for the improvements associated with a subdivision or other land development.
Street pavement, sidewalk pavement, pedestrianway pavement, water mains, storm sewer facilities, sanitary sewer facilities, signs, survey monuments, landscaping, streetlighting, and similar items, as distinguished from buildings and other structures requiring building permits for the erection thereof.
A permit allowing the installation of improvements in connection with the development of a subdivision or other land development.
A conflict situation arising from the proximity or direct association of contradictory, incongruous, or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation, and similar environmental conditions.
A 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.
Standards established in the regulations of this Chapter which provide minimum standards of design and construction of land improvements, such as streets, sidewalks, utilities, grading, lighting, and similar improvements.
A land surveyor registered in the State of Missouri.
A landscape architect registered in the State of Missouri.
A business that provides washing, drying, or ironing machines, or professional type cleaning or pressing equipment for hire, to be used by customers on the premises.
A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks.
A parcel of land which may include one (1) or more platted lots, occupied or intended for occupancy by a use permitted in this title, having its principal frontage upon a street or upon an officially approved place.
A lot which is part of a subdivision, the plat of which has been legally approved by the City and recorded in the Office of the Recorder of Deeds of the county.
LOT LINE, FRONTThe boundary between a lot and the street right-of-way on which it fronts.
LOT LINE, REARThe boundary line or lines opposite and most distant from the front street right-of-way line; except that in the case of uncertainty, the Director of Public Works shall determine the rear line.
LOT LINE, SIDEAny lot boundary line that is not a front or rear line thereof; a side line may be a part lot line, a line bordering on an alley, place, or a side street right-of-way line.
The horizontal distance between side lot lines, measured at the front building line.
A parcel of land abutting two (2) or more road rights-of-way at their intersection.
Shall include 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 include all projections other than open porches, fire escapes, 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 requirement. The percent of lot coverage shall be computed as follows:
Percent of lot coverage = Square feet of ground coverage of all principal and accessory building ÷ Total square feet of lot area x 100 |
See "lot, through."
A lot with access provided to the bulk of the lot by a narrow corridor of property.
A lot having its front and rear yards each abutting on a street (also known as "double frontage lot").
An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches, or other furnishings provided and with vehicular access prohibited, restricted, or reduced so as to emphasize pedestrian use.
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either 1) before the improvement or repair as started, or 2) if the structure has been damaged and is being restored, to before the damage occurred. For the purpose of this definition, "material improvements" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either 1) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2) any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.
Retail sale of mattresses. For the purpose of such usage, mattress upholstery can be conducted, provided that the retail sale area occupies the frontage of the premises and not less than twenty-five percent (25%) of the floor area, and the total area of the premises does not exceed five thousand (5,000) square feet. All mattresses upholstered on site shall be offered for retail sale only at said location.
A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, and in-patient care and surgery, but not including operating rooms for major surgery or overnight care.
A permanent land survey marker placed by a land surveyor in accordance with the current "Standards of Missouri Board for Architects, Professional Engineers and Land Surveyors, and Department of Natural Resources."
A vehicle which is self-propelled and primarily used for the transportation of persons. Motor vehicles include, but are not limited to, passenger cars, vans, trucks, and motorcycles.
Any commercial use which, by design, type of operation, and nature of business, has as one (1) of its functions, the provision of goods, merchandise, or services to motorists or occupants of motor vehicles in a short time span for each, or the provision of goods, merchandise, or services to the occupants of the motor vehicles while they remain in the vehicle. The list of businesses which constitute motor vehicle oriented businesses include convenience stores having a gross floor area of more than one thousand (1,000) square feet, gasoline service stations having convenience store facilities with a gross floor area of more than one thousand (1,000) square feet, drive-in banks, drive-in or drive-through restaurants, drive-in beverage sales, and car wash operations which are not accessory to an allowable use. This enumeration is not intended as an inclusive list of such businesses.
A home-based business meeting the following criteria: (1) the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the premises; and (2) the activities of the business are limited to the sale of lawful goods and services; may involve having more than one (1) client on the premises at one (1) time; does not cause a substantial increase in traffic through the residential area; does not violate any parking regulations established by the City; occurs within the premises or in the yard of the premises; is not visible by the street; and does not otherwise violate the City's ordinances applicable to home-based businesses.
A 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.
A subdivision or unsubdivided development whose principal use is commercial or industrial in nature. A mixed residential/office use, developed under the provisions of the MXD Zoning District, shall be considered a non-residential development for purposes of this Chapter.
A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care, licensed by the State.
Any premises not located within the property to be subdivided or developed, whether or not in the same ownership of the developer requesting approval of the subdivision or development.
A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
A building(s) whereby the principal uses are split between office use and warehouse/distribution uses and where the office use occupies the predominant building frontage along the side edge which faces the most primary street and where the office use constitutes not less than twenty-five percent (25%) and not more than fifty (50%) of the entire building.
Storage of material or goods on the ground or platforms outside of a building.
Any person, agent, firm, or corporation having a legal or equitable interest in the property.
A separately designated area of land delineated by identifiable legally recorded boundary lines, which may or may not be a lot of record.
An area of land used or intended for off-street parking facilities for motor vehicles.
A usable space, durably paved and properly graded for drainage, enclosed in a main building or in an accessory building, or unenclosed, which is reserved for the temporary storage of one (1) vehicle, and connected to a street, alley, or other designated roadway by a paved aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Article VI, Access and Parking, Section 26-27, Design Requirements, Subsection H, Minimum Off-Street Parking Space Dimensions.
The act or result of applying a hard, all-weather, watertight material to any ground surface in such manner as to present a uniform surface in accordance with City standards.
An improvement pathway designed to separate pedestrian traffic from vehicular traffic or otherwise provide for pedestrian traffic circulation on-site. For purposes of this Chapter, "pedestrianway" does not include sidewalks.
A corporation, firm, partnership, association, organization, and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word "person" is used in any section of this Chapter prescribing a penalty or fine as to partnership or association, the word shall include the partners or members thereof, and, as to corporation, it shall include the officer, agents or members thereof who are responsible for any violation of such section.
The officially appointed Planning, Zoning and Architectural Review Commission of the City; the term may be abbreviated in this Chapter as the "Planning Commission."
A farm, garden, or other cultivated land, together with accessory structures, designed and intended to be used only for the cultivation and sale of live vegetation.
The legally recorded boundary of a lot, tract, or other parcel of land.
Public parks, playgrounds, recreational areas, or designated scenic or historic sites; school sites or sites for other public buildings, and other areas dedicated to public use.
A public utility facility serving a local area only, such as an electric substation; a water or gas pumping or regulating station; telephone switching center; cable television distribution station; or other similar ground-mounted equipment.
A vehicular type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes; and the term as used herein shall also include motorcycles, all-terrain vehicles, and trailers to include, but not be limited to, boat trailers, motorcycle trailers and sidecars, and utility trailers, and such other vehicles as may be registered as a recreational vehicles by the State.
A building which is designed or used exclusively for residential purposes, except hotels and motels.
A place which provides shelter and personal care on a regular basis for five (5) or more preschool children who are not related within the third degree computed according to civil law to the operator, for four (4) or more hours per day, whether such place be organized or operated for profit or not. In the case of nursery school, children are primarily between the ages of three (3) and five (5).
A barrier consisting of berms, dense vegetative plantings, fences, walls, or a combination thereof, erected to conceal mounted equipment, loading and storage areas, and trash receptacles.
The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Chapter.
A group of retail stores, planned and developed for the site upon which they are built and managed as a unit with off-street parking provided on the property.
An improved pathway, located within a street right-of-way or easement along such street, designed to separate pedestrian traffic from vehicular traffic on such street.
The triangle area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
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A tract of land upon which actual development exists or development is proposed.
A 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 natural and man-made landscape features, off-street parking or loading spaces, and depending on requirements, the locations of proposed utility lines.
The inclination from a horizontal reference line of the ground surface, and expressed by stating the horizontal distance relative to the amount of vertical rise or fall [e.g., two (2) horizontal units to one (1) vertical unit].
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 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 story is a half story when between fifty percent (50%) and seventy-five (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.
A general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which are normally 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 pedestrianway or alley.
A street designed to carry traffic to/from the system of minor streets to/from the system of major streets; or a street located in any non-residential zoning district, not including Watson Road or Sappington Road.
A minor residential or non-residential street, one (1) end of which is closed, and consists of a circular turnaround.
A street which principally provides access to residential neighborhood properties, carries relatively low traffic volumes which are primarily generated within the immediate residential neighborhood, and is not designed or intended to serve as a collector street.
Any street which is privately owned by owners in common (e.g., owners of lots in a subdivision development), and is used for vehicular traffic by the owners and those having express or implied permission from the owner.
Any 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.
That which is built or constructed, including, but not limited to, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents, or anything erected and framed of component parts which is fastened, anchored, or rests on a permanent foundation or on the ground. For the purposes of this Chapter, items such as basketball goals and uprights, bird baths, swing sets, and landscaping-related site amenities, such as benches, yard lighting, statuary, and landscape timbers used to define yard areas, shall not be considered a structure for the purpose of yard requirements.
The division or redivision of a parcel or tract of land into two (2) or more lots of any size for the purpose of sale, lease, or development, whether immediate or future; or the dedication or establishment of a street, alley, easement, or other public way in conjunction with or used in any such tract.
A private, not-for-profit association of property owners that operates and maintains various common properties of a subdivision or development.
A change in land use that increases the intensity of land use; or
A change in land use that creates an incompatibility or increases the incompatibility between such change in land use and adjacent land use(s); or
An increase in excess of twenty-five (25%) in the gross floor area of non-residential buildings; or
An increase in the number of dwelling units.
A depot building or area specifically designated for the storage or transfer of persons or material, or temporary storage and service of operable vehicles used in the transport of persons, goods, or materials.
An area or parcel of land.
Any recordable instrument by which common ground and improvements are held or maintained or which assessments in a subdivision are levied for the administration of specific maintenance obligations, or both.
The 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.
Any structure or premises conducting major vehicle repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers, or other major body or mechanical parts, or spray painting, but not including tire recapping or vulcanizing, or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.
Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles, and minor engine repair, such as tune-ups, and the sale and installation of minor parts and accessories, such as tires, batteries, shock absorbers, brakes, mufflers, and tail pipes. This use shall not include any establishment engaged in major repair work, such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers, or other major body or mechanical parts, spray painting, tire recapping, or vulcanizing, or the storage of wrecked or damaged and immobilized vehicles.
A facility for the practice of veterinary medicine.
A structure for use as a storage place for goods, materials, or merchandise.
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, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. Where lots abut a street, all yards abutting the street shall be measured from the street right-of-way.
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the main building and the side lot lines.
A yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.
§ 26-6 Abbreviations.
[R.O. 1985 § 26-6; 1-12-2021 by Ord. No. 5119]
As used in this Chapter, abbreviations shall have the following meanings:
Americans with Disabilities Act.
Americans with Disabilities Act Accessibility Guidelines.
Missouri Department of Natural Resources.
Federal Emergency Management Administration.
Feet.
Missouri Department of Transportation.
Metropolitan St. Louis Sewer District.
North American Industrial Classification System.
United States Geological Survey.
§ 26-7 Description Of Uses.
[R.O. 1985 § 26-7; 1-12-2021 by Ord. No. 5119]
A.
This Section contains general descriptions associated with the use of land and buildings organized by categories and types, and enabled as permitted or conditional uses by zoning districts as shown in Article IV, Zoning Districts And Use Standards, Section 26-15, Districts And Uses, Table 26-15. Where a proposed use is not generally listed or appears to meet the description of more than one (1) use type, the City Planner shall make an interpretation on the most relatively equivalent described use considering:
B.
For non-residential uses, where the type of use and/or its relationship to permitted or conditional uses listed in Article IV, Zoning Districts And Use Standards, Section 26-15, Districts And Uses, Table 26-15, may be unclear, the most recently published North American Industrial Classification System (NAICS) printed manual or online equivalent will determine the use classification. Any use that may not be interpreted as relatively equivalent to a use described in this Section, Article IV, Zoning Districts And Use Standards, Section 26-15, Districts And Uses, Table 26-15, or the NAICS may only be allowed by a text amendment to this Chapter and section.
C.
Land Use Types.
1.
Residential. The residential category is the principal use of land and buildings for dwelling units. The arrangement and extent of dwelling units depends on the zoning district, lot sizes, and building types, arranged in the following types:
a.
Detached House: A residential building designed as one (1) primary dwelling unit in a neighborhood subdivision setting. Variations of this type are based primarily on lot size.
b.
Duplex: A residential building designed to accommodate two (2) primary dwelling units in a neighborhood setting. Duplex units share a single common wall or floor/ceiling, with an outward design and appearance as a detached house. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line. Duplex units may be developed as rental properties or as condominiums.
c.
3-/4-Plex: A residential building designed to accommodate up to four (4) primary dwelling units in single-ownership in a neighborhood. Units are arranged to maintain an outward design and appearance as a detached house.
d.
Row House [three (3) to eight (8) units; two- to three-story]: A multiunit residential building designed for three (3) to eight (8) dwelling units within an urban and sometimes suburban development context. Row houses abut one (1) another sharing a common wall. These units are conjoined; however, each unit has its own private entry. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall with individual ownership of the unit.
e.
Walk-Up Apartment [three (3) to twelve (12) units; two- to three-story]: A small-scale, multiunit residential building designed on a small or moderate-sized lot in a compact walkable neighborhood or mixed-use setting. The building is accessed by a common lobby entrance at building frontage, and arranged to integrate into the block structure of a neighborhood.
f.
Apartment Complex: A grouping of apartment buildings in a common development arranged around an internal system of streets/internal access, walkways, and common open space.
g.
Mixed Use (apartment over commercial/service): A residential use in a building designed primarily for street level retail, service, or employment uses, and where dwelling units are accommodated on upper stories, or otherwise separated from the principal commercial function of the building.
h.
Accessory Dwelling: A dwelling unit, either in a detached accessory structure, or included within a principal structure, that is located on the same lot as a detached house and is incidental to the principal use of the lot for a principal dwelling. Examples include a garage apartment, basement apartment, or second level/attic apartment.
i.
Group Homes: As defined by Article VIII, Special Uses, Section 26-78, Group Homes, of this Chapter.
j.
Home-Based Businesses: An accessory use conducted in either the principal dwelling unit or an accessory dwelling or structure that does not change the residential character of the dwelling unit or accessory dwelling or adversely affect the character of the surrounding neighborhood.
[Ord. No. 5167, 7-27-2021; Ord. No. 5336, 2-28-2023]
k.
Live/Work Unit: A mixed-use unit that contains a commercial, office or light industrial component. The work component does not exceed fifty percent (50%) of the dwelling area.
2.
Civic Institutional. The civic/institutional category is the use of land and buildings to serve public or community interest by enhancing the daily cultural, social, or recreation need for residents and neighborhoods, whether by way of open and public citizenship, by property ownership or residency, or by membership affiliation. It includes the following types:
a.
Assembly, Limited: Places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than two hundred fifty (250) people at maximum occupancy. Examples include a neighborhood association clubhouse or meeting hall.
b.
Assembly, Limited, Religious: Places of religious assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than two hundred fifty (250) people at maximum occupancy.
c.
Assembly, small: places of public assembly designed and located to serve community or civic needs of neighborhoods in the vicinity with regular or periodic organized services or events, and typically designed for two hundred fifty-one (251) to five hundred (500) people. An example includes a small event hall.
d.
Assembly, Small, Religious: Places of religious assembly designed and located to serve community or civic needs of neighborhoods in the vicinity with regular or periodic organized services or events, and typically designed for two hundred fifty-one (251) to five hundred (500) people.
e.
Assembly, Large: Places of public assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for five hundred one (501) to one thousand (1,000) people. Examples include a community center or event hall.
f.
Assembly, Large, Religious: Places of religious assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for five hundred one (501) to one thousand (1,000) people.
g.
Assembly, Event Venue: Places of public assembly designed and located to serve community or civic needs of the City or region and typically designed for one thousand one (1,001) or more. Examples include an auditorium or large event hall.
h.
Assembly, Event Venue, Religious: Places of religious assembly designed and located to serve community or civic needs of the City or region and typically designed for one thousand one (1,001) or more.
i.
Education, Neighborhood School: A small public or private institution for primary or secondary education and typically serving up to six hundred (600) students on less than ten (10) acres, primarily targeted to neighborhoods within one (1) mile. Special purpose schools that have a larger target area but are designed and scaled to perform similarly to a neighborhood school may be included in this type.
j.
Education, Campus: A large public or private institution for primary or secondary education and typically serving more than six hundred one (601) students on more than ten (10) acres and targeted to the broad vicinity, including neighborhoods beyond one (1) mile.
k.
Education, Extension: A public or private institution for a wide variety of academic, vocational, or professional training and education services, but which provides services in a more mixed-use or commercial setting utilizing sites and buildings within that context.
l.
Open/Civic Space: Areas preserved as primarily open land, except for accessory structures, and designed to serve a specific urban design function for natural, ecological, aesthetic, recreational or formal gathering purposes. This use includes parks, subdivision open space or common ground and buffers, trails, plazas associated with planned developments and government buildings, and other public spaces.
m.
Community And Public Service: A civic use offering education, arts and cultural materials, or attractions for the general public, including exhibits and events; or offering administrative, social, tourism, or charitable services to the general public. Examples include museums, libraries, public safety, post office, or recreation centers.
3.
Retail. The retail category is the use of land and buildings for the sale of goods and/or food and beverages directly to the consumer, where these goods are available for immediate purchase or order, and where goods can be immediately removed from the premises, or immediately consumed on the premises by the purchaser, and where frequent interaction of patrons or consumers occurs on the premises. The types of uses in this category are dependent on the size of gross leasable area per tenancy, where the smaller formats (micro, limited, or small) are typically dependent on a target market of consumers within the neighborhood or one-mile area, and where the larger formats (general, large, and warehouse) are typically dependent on a target market beyond the one-mile area.
a.
Retail, Limited: A small-scale retail use less than two thousand five hundred (2,500) square feet.
b.
Retail, Small: A small-scale retail use at least two thousand five hundred (2,500) square feet, but less than eight thousand (8,000) square feet.
c.
Retail, General: A retail use at least eight thousand (8,000) square feet, but less than fifty thousand (50,000) square feet.
d.
Retail, Large: A large-scale retail use at least fifty thousand (50,000) square feet, but less than one hundred thousand (100,000) square feet.
e.
Retail, Warehouse: A large-scale retail use at least one hundred thousand (100,000) square feet.
f.
Retail, Outdoor Sales, Limited: The accessory display and sale of merchandise on a dedicated exterior area of a site associated with an otherwise permitted non-residential use, where merchandise may be kept outdoors or where a portion of the site or area is designed and dedicated to facilities to support the display and sale, and where the primary business is conducted with an adjacent building. Examples include a garden center, lumber sales, or holiday event sale associated with retail uses.
g.
Retail, Outdoor Sales, General: A retail use where the primary business, while operated out of a permanent building on-site, is associated with merchandise that can only be displayed or permanently stored outdoors year-round. Examples include a nursery, a lumberyard, machine or equipment sales or rentals, or vehicle sales or rentals.
h.
Retail, Outdoor Sales, Temporary: The limited accessory display of merchandise on a sidewalk or an exterior private area adjacent to the building housing the otherwise permitted non-residential use. The display is further limited by the following: 1) it only occurs during business hours; 2) all components of the sale are removed from the site and brought indoors during non-business hours; and 3) is limited to sales or events lasting no more than one (1) week with at least four (4) weeks between consecutive events. Examples include a sidewalk sale, holiday or seasonal sales events, or farm truck/produce stand.
i.
Retail, Used: A retail use where more than fifty percent (50%) of the inventory is on consignment, has been donated, or bought from customers at a lower rate, including, but not limited to, antique shops, used household-type appliance stores, used bookstores, used merchandise thrift shops, and used clothing stores.
j.
Restaurant, Micro/Mobile: A food and beverage retail use that utilizes any motorized or non-motorized vehicle, trailer, or other device designed to be small-scale and portable and not permanently attached to the ground for preparing and selling food and beverages for on- or off-premises consumption.
k.
Restaurant, Limited: A small-scale food and beverage retail use that typically includes seating for under one hundred (100) patrons and may include accessory off-premises consumption through carry-out services.
l.
Restaurant, General: A food and beverage retail use that typically includes seating for one hundred (100) or more patrons and may include accessory off-premises consumption through carry-out or drive-through services, and may also include limited areas dedicated to consumption of alcoholic beverages and/or accessory indoor entertainment.
n.
Restaurant, Bar/Tavern: An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
o.
Restaurant, Microbrewery/Microdistillery/Winery: A food and beverage retail use where beer, wine, alcohol, or similar beverage is brewed and fermented on the premises; includes tasting or consumption on the premises; and is packaged for retail sales and distribution for consumption off of the premises. Production is limited to ten thousand (10,000) barrels per year for beer, fifteen thousand (15,000) gallons per year for alcohol, and two thousand (2,000) barrels per year for wine.
p.
Grocery, Convenience/Market: A retail use selling food and produce or specialty food products for household consumption in a small-scale format under ten thousand (10,000) square feet. Examples include a corner market, butcher shop, produce stand, or similar food store. This use may also be associated with gasoline sales.
q.
Grocery, Store [five thousand (5,000) to forty thousand (40,000)]: A retail use selling food, produce, and other household products for household consumption in a small-scale format at least six thousand (6,000) but less than forty thousand (40,000) square feet. Examples include a small grocery store that may serve as the anchor to a small-scale walkable center.
r.
Grocery, Supermarket [forty thousand plus (40,000+)]: A retail use selling food, produce, and household products for household consumption in a large-scale format, at least forty thousand (40,000) square feet. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store.
s.
Gas Station, Limited [one (1) to four (4) pumps]: A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than four (4) fueling stations and no more than two (2) garage service bays. Examples include a small, neighborhood gas and service station.
t.
Gas Station, General [five (5) to sixteen (16) pumps]: A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than sixteen (16) fueling stations and no more than four (4) garage service bays. Examples include a small convenience center or large gas station.
u.
Gas Station, Large [sixteen plus (16+) pumps]: A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use may include more than sixteen (16) fueling stations. Examples include large convenience stores, gas stations or truck stops and travel centers.
4.
Office/Service. The Office/service category is the use of land and buildings for businesses engaged in the exchange of professional and individual services. It includes the following types:
a.
Office: An employment use focusing on the administrative and management aspects of business or professional services, typically does not have a high rate of exchange with the general public, consumers, or patrons, but may involve regular interaction with clients or other business activities. This use type is broken into the following subclasses based on scale and intensity:
(1)
Office, Home-Based Business: An office use entirely within an owner-occupied residential dwelling and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve limited on-premises interaction with customers. Such uses include office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions operating as sole practitioners; office facilities for ministers, rabbis, priests; and office facilities for salesmen, sales representatives, manufacturers' representatives, when no retail or wholesale sales are made or transacted on the premises or where no warehousing occurs.
[Amended 7-27-2021 by Ord. No. 5167]
(2)
Office, Limited: An office use where the total gross leasable area is less than ten thousand (10,000) square feet.
(3)
Office, General: An office use where the total gross leasable area is at least ten thousand (10,000) square feet, and may include more than one (1) building.
b.
Service: A service use providing professional or individual services and where frequent interaction with the general public, consumers, or patrons occurs on the premises. This use type is broken into the following subclasses based on scale and intensity:
(1)
Service, Home-Based Business: These include personal services conducted within the home and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve limited on-premises interaction with customers.
[Ord. No. 5167, 7-27-2021; Ord. No. 5336, 2-28-2023]
(2)
Service, Limited: A personal service use where the gross leasable area is under two thousand five hundred (2,500) square feet. Examples include a neighborhood barbershop or hair salon, a small professional office (lawyer, accountant, or travel agent), small bank, small child-care center, dry cleaners, or tailor.
(3)
Service, General: A service use where the gross leasable area is at least two thousand five hundred (2,500) square feet. Examples include a large spa or beauty complex, child-care center, large bank, equipment repair shop, tattoo shop, a copy center, large post office or mail center, or laundromat.
c.
Animal Care Or Clinic, Limited: A service use for the medical care of small domestic animals where treatment rooms, cages, or pens are completely enclosed and soundproof, and where any boarding of animals is accessory to the principal use, and where the gross leasable area is under two thousand five hundred (2,500) square feet. Examples include a small veterinary office, small pet day care, or grooming facility.
d.
Animal Care Or Clinic, General: A service use for the medical care of small domestic animals where outdoor pens or kennels are only used for exercise and recreational purposes, and no animals are kept outside. Examples include large veterinary offices, large grooming facilities, animal hospital, or commercial kennels.
e.
Lodging, Bed-And-Breakfast [up to five (5) rooms]: A lodging use in a residential building type that has up to five (5) guest rooms and a resident manager for accessory meals, operations, and cleaning services.
f.
Lodging, Inn [up to twenty (20) rooms]: A lodging use in a small commercial building that accommodates up to twenty (20) guest rooms which may include limited accessory service, such as a small restaurant or lounge.
g.
Lodging, Hotel/Motel: A lodging use in a large commercial building or complex designed for more than twenty (20) guest rooms, as well as associated restaurant, event and conference services.
h.
Recreation, Indoor: A service use providing daily or regularly scheduled activities for entertainment, instruction, or exercise inside a building and open to the general public or through membership. This use type is broken into the following subclasses based on scale and intensity:
[Ord. No. 5460, 5-28-2024]
(1)
Recreation, Indoor, Limited [less than ten thousand (10,000)]: Indoor recreation that involves a building less than ten thousand (10,000) square feet. Examples include a small bowling alley, fitness club, billiard hall, small amusement center or arcade, martial arts centers, yoga studio, or dance studio.
(2)
Recreation, Indoor, General [ten thousand (10,000) or more]: Indoor recreation that involves a building ten thousand (10,000) square feet or more. Examples include a large bowling alley, sports and recreation center, theater complex, large health club, large amusement center or arcade, or shooting range.
i.
Recreation, Outdoor: A service use providing daily or regularly scheduled activities for entertainment, recreation, or exercise outside and is open to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory indoor services. This type is broken into "limited" and "general" based on the scale and intensity of the use.
(1)
Recreation, Outdoor, Limited: Examples include driving range, miniature golf, golf course, swimming pool, tennis, batting cage, small band shell, or amphitheater.
(2)
Recreation, Outdoor, General: Examples include theme park, water park, fairground, zoo, drive-in theater, shooting range, skeet and trap range, racetrack.
j.
Residential Care, Limited: A facility providing residential living, social programs, and limited health care services for residents; where the social and health care services are accessory to the building(s) and site design emphasizing household living; where the social programs and health care services are limited accessory elements in terms of the function and extent; and where dedicated staff are present primarily during normal business hours. Examples include co-housing, retirement village, independent living, or assisted living apartment communities.
k.
Residential Care, General: A facility providing long-term care, health services, and residency that admits residents on medical referral, and where medical, behavioral, and rehabilitative care is necessary beyond normal business hours. Examples include nursing homes, hospice home, or other similar care facilities.
l.
Residential Care, Institutional: A facility offering short- or long-term care for individuals residing on the site that need a high degree of services or monitoring, and where full-time staff are present on the premises at all times, and where the building(s) and site design emphasize the institutional function secondary to the residential accommodations. Examples include treatment centers, homeless shelters, or other facilities with a high intensity of care or supervision.
m.
Vehicle Service/Repair, Limited: A service use engaged in motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, but limited to small-scale operations that involve no more than three (3) vehicle service bays, and where all work and storage of equipment and supplies occurs indoors, and where on-site or overnight storage of vehicles is limited to no more than eight (8) cars on the lot. Examples include a small neighborhood mechanic shop, lubricant center, tire store, auto glass installation, or audio or alarm installation.
n.
Vehicle service/repair, general: a service use engaged in equipment and motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories that involves four (4) or more vehicle service bays, where all work and storage of equipment and supplies occurs indoors, but where on-site or overnight storage of vehicles may involve nine (9) or more cars on the lot. Examples include large mechanic shop, lubricant center, tire store, auto glass installation, or audio or alarm installation; or an auto body shop where the likelihood of overnight storage, outdoor storage, and overnight or multiday dropoff is more likely.
o.
Vehicle Service/Repair, Heavy: A service use engaged in the maintenance and repair of motor vehicles, commercial vehicles, or heavy equipment, and accessory retail sale of supplies and accessories, that is likely to involve larger outdoor storage areas for vehicles and supplies, and where larger multibay garages or warehouses are needed to conduct services.
5.
Industrial: The industrial category is the use of land and buildings engaged in the production, processing, storage or distribution of goods with potential impacts beyond the site due to the types of activities, the physical needs of the site or facility, the types of materials used, or the delivery and access operations, and which in typical formats and operations may not be compatible with other business uses. It includes the following types:
a.
Manufacturing, Artisan: A small-scale industrial use where activities produce little or no by-products, such as smoke, odor, dust, or noise, discernible from outside of the building; where deliveries and distribution are made by general consumer delivery services requiring no special large truck access; and where products are made available for purchase or viewing to the general public. Uses typically occupy buildings or spaces under five thousand (5,000) square feet of gross leasable area. Examples include artists' studios, small wood or metal shops, craft manufacturing, small bakery, or other similar small-scale assembly of finished products.
b.
Manufacturing, Light: An industrial use where little or no by-products, such as smoke, odor, dust, or noise, are discernible from outside of the building and where distribution and delivery needs occur through light to moderate commercial truck access. Examples include research labs or facilities, small equipment or commodity assembly, warehousing or wholesaling of consumer products, commercial bakery, non-retail laundry services, or similar businesses that provide products for support of other businesses.
c.
Manufacturing, General: An industrial use where by-products, such as noise, dust, smoke, or odor, are produced, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, food production and manufacturing plants, metal fabrication plants, chemical laboratories, or other similar high-intensity manufacturing or distribution operations.
d.
Manufacturing, Heavy: An industrial use capable of producing significant by-products, such as noise, dust, smoke, or odor, beyond the building or site, or where hazardous materials may be stored, used, or produced as a typical part of the business, and distribution involves heavy truck, freight and machinery access. Examples include chemical, wood or metal storage and production, pressing and dying plants, asphalt or cement production, animal processing, or other heavy or hazardous manufacturing operations.
e.
Storage And Warehousing, Indoor, Limited: Storage of consumer products or small-scale commercial products inside a small commercial building where only ordinary traffic and little or no truck traffic occurs. Examples include mini-warehouses and self-storage facilities.
[Amended 11-22-2022 by Ord. No. 5310]
f.
Storage And Warehousing, Indoor, General: Storage of commercial products inside a large building where regular shipments and distribution will occur by commercial vehicles. Examples include large warehouses, or distribution and processing centers.
[Amended 11-22-2022 by Ord. No. 5310]
g.
Storage And Warehousing, Outdoor: Storage of consumer commercial products or large-scale machinery on an outdoor lot. Examples include contractor's yard, mini storage warehouses, boat or RV storage, towing service storage yard, or similar large-scale storage lots and facilities.
h.
Storage and warehousing, outdoor, junkyard: an outdoor storage use where discarded or inoperable items are stored for sale, salvage, or further processing as waste or other by-products.
6.
Special Uses.
a.
Sexually oriented businesses and massage businesses (as defined in Article XII, Section 26-75 of this Chapter).
b.
Marijuana facilities [as defined in Article XII, Section 26-76(A) of this Chapter].
[Ord. No. 5326, 1-24-2023]
c.
Telecommunication towers and facilities (as defined in Article XII, Section 26-77B of this Chapter).
e.
These businesses are subject to special licensure, location, and permitting requirements.