[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.
ABUTTING
Having a common border with, or being separated from such a common border by, a right-of-way, alley, or easement.
ACCESSORY BUILDING
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."
ACCESSORY USE
A use incidental and subordinate to the principal use of the premises.
ADULT USES
See "sexually oriented businesses."
ALLEY
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.
ALTERATION
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.
AMUSEMENT CENTERS or ARCADES
Any establishment wherein there are more than five (5) mechanical amusement devices permitted to operate.
ARCHITECT
A professional architect registered in the State of Missouri.
AS-BUILT PLANS
Plans and other drawings that depict the actual as-constructed conditions of a property and its improvements. Also known as "record set."
ATRIUM
An open space within a building that connects two (2) or more floors or levels.
AUTOMOBILE (AUTOMOTIVE)
As used herein, includes passenger cars, motorcycles, vans, trucks, and recreational vehicles.
BASE FLOOD
The flood elevation having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT
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.
BENCHMARK
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.
BLOCK
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.
BUILDING COVERAGE
The proportion of the lot area, expressed as a percent that is covered by the maximum horizontal cross section of a building or buildings.
BUILDING HEIGHT
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.
BUILDING LINE
See "setback."
CAR WASH ESTABLISHMENT
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.
CARPORT
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.
CEMETERY
A place for burial of the dead, including crematory facilities as an accessory use.
CITY
The City of Crestwood, Missouri.
CITY ATTORNEY
See Sections 2-54 and 2-55 of this Code. "City Attorney" may also refer to any special counsel hired by the City.
CLUB, PRIVATE
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.
COMMON GROUND
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.
COMMUNITY CENTER
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.
COMPREHENSIVE PLAN
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.
CONDOMINIUM
A form of property ownership occurring in accordance with the Uniform Condominium Act, Chapter 448, RSMo.
CONSTRUCTION PLANS
The engineering drawings showing types of materials and construction details for physical structures and facilities.
CONVENIENCE STORE
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.
CORNER LOT
See "lot, corner."
CURB LEVEL
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.
DENSITY
The number of dwelling units per acre of gross land area.
DEVELOPER
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.
DEVELOPMENT
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.
DEVELOPMENT, PLANNED
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.
DIRECTOR
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.
DOUBLE FRONTAGE LOT
See "lot, through."
DRIVE-IN or DRIVE-THROUGH ESTABLISHMENTS
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.
DUMPSTER, TEMPORARY
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.
DWELLING
A building, or portion thereof, designed exclusively for residential occupancy.
DWELLING, MULTIPLE-FAMILY
A building, or portion thereof, arranged, intended, or designed for occupancy by two (2) or more families.
DWELLING, SINGLE-FAMILY
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.
DWELLING, SINGLE-FAMILY ATTACHED
Two (2) or more single-family dwellings sharing common wall areas, each on its own individual lot.
EASEMENT
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).
ENGINEER
A professional engineer registered in the State of Missouri.
EXCAVATION
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.
FAMILY
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.
FARM
A parcel of land used for commercially growing or raising agricultural products, including related structures thereon.
FAST-FOOD RESTAURANT
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:
A.
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
B.
The establishment includes a drive-up or drive-through service facility or offers curb service.
FENCE
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.
FILL
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.
FLOODPLAIN
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.
FLOODWAY
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.
FLOOR AREA, GROSS
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.
FOOT-CANDLE
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.
FRONTAGE
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.
GARAGE
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.
GASOLINE STATION (SERVICE STATION)
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.
GRADE
A specific elevation or reference point associated with a topographical survey point, building floor, benchmark, etc. See "slope."
GRADING
Excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation, fill or reprofiling the ground surface.
GRADING PERMIT
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.
GROUP HOME
As defined in Article XII, Special Uses, Section 26-78, Group Homes, of this Chapter.
GYMNASIUM
A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.
HEIGHT OF BUILDINGS AND STRUCTURES
See "building height."
HELIPORT
A facility for the servicing, take-off, and landing of helicopters.
HOME-BASED BUSINESS
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.
HOMEOWNERS' ASSOCIATION
See "subdivision association."
HOSPITAL
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.
HOTEL or MOTOR HOTEL (MOTEL)
A building in which lodging is provided to the public, usually on a transient basis.
IMPROVEMENT PLANS
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.
IMPROVEMENTS
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.
IMPROVEMENTS CONSTRUCTION PERMIT
A permit allowing the installation of improvements in connection with the development of a subdivision or other land development.
INCOMPATIBILITY OF LAND USES
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.
JUNKYARD
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.
LAND DEVELOPMENT STANDARDS
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.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LANDSCAPE ARCHITECT
A landscape architect registered in the State of Missouri.
LAUNDROMAT
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.
LOADING SPACE
A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks.
LOT
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.
LOT (PARCEL) OF RECORD
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 LINES
A.
LOT LINE, FRONT
The boundary between a lot and the street right-of-way on which it fronts.
B.
LOT LINE, REAR
The 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.
C.
LOT LINE, SIDE
Any 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.
LOT WIDTH
The horizontal distance between side lot lines, measured at the front building line.
LOT, CORNER
A parcel of land abutting two (2) or more road rights-of-way at their intersection.
LOT, COVERAGE
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:
LOT, DOUBLE FRONTAGE
See "lot, through."
LOT, FLAG
A lot with access provided to the bulk of the lot by a narrow corridor of property.
LOT, THROUGH
A lot having its front and rear yards each abutting on a street (also known as "double frontage lot").
MALL
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.
MARIJUANA FACILITIES
As defined by Article XII, Special Uses, Section 26-76A, of this Chapter.
MASSAGE BUSINESS (MASSAGE ESTABLISHMENT)
As defined by Chapter 13, Article II, Division 6, § 13-162 of the Crestwood Municipal Code and Article XII, Special Uses, Section 26-75, Sexually Oriented Businesses And Massage Businesses, of this Chapter.
MATERIAL IMPROVEMENT
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.
MATTRESS UPHOLSTERY, RETAIL
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.
MEDICAL OR DENTAL OFFICE (CLINIC)
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.
MONUMENT
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."
MOTOR VEHICLE
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.
MOTOR VEHICLE ORIENTED BUSINESS
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.
NO-IMPACT HOME-BASED BUSINESS
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.
NONCONFORMING USE, BUILDING, OR YARD
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.
NONRESIDENTIAL SUBDIVISION OR DEVELOPMENT
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.
NURSING HOME
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.
OFF-SITE
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.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
OFFICE/WAREHOUSE
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.
OPEN STORAGE
Storage of material or goods on the ground or platforms outside of a building.
OWNER
Any person, agent, firm, or corporation having a legal or equitable interest in the property.
PARCEL (TRACT) OF LAND
A separately designated area of land delineated by identifiable legally recorded boundary lines, which may or may not be a lot of record.
PARKING AREA
An area of land used or intended for off-street parking facilities for motor vehicles.
PARKING SPACE
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.
PAVE (PAVEMENT)
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.
PEDESTRIANWAY
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.
PERSON
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.
PLANNING, ZONING AND ARCHITECTURAL REVIEW COMMISSION
The officially appointed Planning, Zoning and Architectural Review Commission of the City; the term may be abbreviated in this Chapter as the "Planning Commission."
PLANT NURSERY
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.
PLAT
A map, plan, or layout of a tract drawn to scale and indicating the subdivision of such tract in accordance with the requirements of Article IX, Subdivisions And Land Development, Section 26-40, Generally, of this Chapter.
PLAT, APPROVED
A subdivision of land legally approved in accord with Article IX, Subdivisions And Land Development, Section 26-40, Generally, of this Chapter.
PROPERTY LINE
The legally recorded boundary of a lot, tract, or other parcel of land.
PUBLIC USE AREAS
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.
PUBLIC UTILITY FACILITY, LOCAL
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.
RECREATIONAL VEHICLE
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.
RESIDENCE
A building which is designed or used exclusively for residential purposes, except hotels and motels.
SCHOOLS, NURSERY/PRE-PRIMARY/DAY CARE
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).
SCREENING
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.
SETBACK (BUILDING LINE)
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.
SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES
As defined by Chapter 13, Article II, Division 6, § 13-162 of the Crestwood Municipal Code and Article XII, Special Uses, Section 26-75, Sexually Oriented Businesses And Massage Businesses, of this Chapter.
SHOPPING CENTER
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.
SIDEWALK
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.
SIGHT DISTANCE TRIANGLE
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.
SITE
A tract of land upon which actual development exists or development is proposed.
SITE PLAN
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.
SLOPE
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].
STORY
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.
STREET
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.
STREET, COLLECTOR (NON-RESIDENTIAL)
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.
STREET, CUL-DE-SAC
A minor residential or non-residential street, one (1) end of which is closed, and consists of a circular turnaround.
STREET, MINOR (RESIDENTIAL)
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.
STREET, PRIVATE
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.
STRUCTURAL ALTERATIONS
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.
STRUCTURE
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.
SUBDIVISION
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.
SUBDIVISION ASSOCIATION
A private, not-for-profit association of property owners that operates and maintains various common properties of a subdivision or development.
SUBDIVISION, MAJOR
See Article IX, Subdivisions And Land Development, Section 26-40, Generally, of this Chapter.
SUBDIVISION, MINOR
See Article IX, Subdivisions And Land Development, Section 26-40, Generally, of this Chapter.
SUBSTANTIAL CHANGE IN LAND USE
A.
A change in land use that increases the intensity of land use; or
B.
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
C.
An increase in excess of twenty-five (25%) in the gross floor area of non-residential buildings; or
D.
An increase in the number of dwelling units.
SUBSTANTIAL CONSTRUCTION, DEVELOPMENT, OR WORK
A.
In a project involving structures, the completion of excavation for footings and foundations.
B.
In a project involving no structures or insignificant structures, the completion of grading.
TELECOMMUNICATIONS
As defined by Article VIII, Special Uses, Section 26-77, Telecommunication Towers And Facilities, of this Chapter.
TERMINAL
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.
TRACT
An area or parcel of land.
TRUST INDENTURE
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.
USE
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.
VEHICLE REPAIR FACILITY
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.
VEHICLE SERVICE CENTER
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.
VETERINARY CLINIC (ANIMAL HOSPITAL)
A facility for the practice of veterinary medicine.
WAREHOUSE
A structure for use as a storage place for goods, materials, or merchandise.
YARD
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.
YARD, FRONT
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.
YARD, REAR
A yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDE
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.
ZONING DISTRICT
A district, established by Article IV, Zoning Districts And Use Standards, Section 26-14, Zoning Districts Established, wherein certain use and development regulations apply to the land located within the district.