[Ord. No. 516 §2(2.02), 6-21-2001; Ord. No. 542 §1(a,b), 12-20-2001; Ord. No. 1099 §1, 12-20-2006; Ord. No. 1219 §2, 9-19-2007; Ord. No. 1220 §1, 10-17-2007; Ord. No. 1258 §1, 12-19-2007; Ord. No. 1327 §§1 — 2, 7-16-2008; Ord. No. 1341 §9, 8-20-2008; Ord. No. 1441 §1, 11-4-2009]
The following definitions shall apply in interpretation and enforcement of this Chapter, unless otherwise specifically stated:
ABUT (ABUTS, ABUTTING or ABUTTED)To have a common zoning district boundary or lot boundary. For the purposes of this Chapter, a lot line shall be considered to abut a zoning district, waterway, railroad right-of-way or portion thereof. "Adjacent", "adjoining" and "contiguous" shall have the same meaning as "abutting".
ACCESSORY BUILDING OR STRUCTUREA subordinate building or structure having a use customarily incident to and located on the lot occupied by the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
ACCESSORY DWELLING UNITA dwelling unit, attached or detached from the main building, located on a single lot, provided that the gross floor area of an accessory dwelling unit shall not exceed fifty percent (50%) of the gross floor of the main building or structure or 1,250 square feet, whichever is less.
[Ord. No. 1709 §1, 12-18-2013]
ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.
[Ord. No. 1732 §1, 8-20-2014]
ACCESSORY USEA use customarily incidental and subordinate to and located on the same lot as the principal use.
ADMINISTERShall have the same meaning as set forth in 19 CSR
30-95.010(1), as amended.
[Ord. No. 1975, 9-18-2019]
ADMINISTRATIVE OFFICERAn office or individual having specific authority to administer the regulations within this Chapter or as may otherwise be designated by the Board of Aldermen.
[Ord. No. 2127, 8-18-2021]
ADULT ORIENTED ITEMSConsist of:
1. Sexual devices. Any three-dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are marketed for sexual purposes, such as chains, handcuffs or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy; or
2. Sexually explicit materials. Any book, magazine, pamphlet, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, pictorial representation, statue, figure or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals in an act of apparent sexual stimulation or gratification.
AGRICULTURALThe use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, commercial riding stables, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feedlots or pens, sales yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use.
AGRICULTURAL PRODUCT SALESThe sale of food or fiber commodities of any kind associated with the agricultural use of property. Agricultural product sales include:
1. On-farm sales of products grown, raised or manufactured on site;
2. Roadside stands displaying products grown, raised or manufactured on site, available for purchase, said products, stand or other structure or goods being outside of the sight triangle as shown on Figure 2 of this Chapter;
3. U-pick operations where the public is invited to select or harvest products grown on site.
AGRITOURISMAn enterprise located at a working farm, ranch, or other agricultural use of the property or agricultural plant/facility conducted for the enjoyment and education of visitors, guests or clients that generates income for the owner/operator. Agricultural tourism refers to the act of visiting a working farm/ranch or to any agricultural, horticultural or agricultural operation for the purpose of enjoyment, education or active involvement in the activities of the farm/ranch or agricultural use of the property that also adds to the economic viability of the agricultural use of the property.
Examples of agritourism enterprises include, but are not limited to, the following:
1. Outdoor recreation:
b. Wagon rides, sleigh rides, hay rides, pony rides;
c. Wildlife viewing and photography.
2. Direct agricultural sales:
a. Agricultural-related crafts/gifts;
4. Educational experiences:
a. Agricultural technical tours;
b. Crop sign identification program;
d. Historical agricultural exhibits;
e. Historical re-enactments;
ALLEYA minor public or private right-of-way shown on a plat providing secondary vehicular access to the rear or side of a lot, block or parcel of land otherwise abutting a street, and which may be used for public utility purposes.
ALTERATIONAny addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.
ANTENNACommunications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
[Ord. No. 1732 §1, 8-20-2014]
APARTMENTA room or a suite of rooms within an apartment house arranged, intended or designed as a place of residence of a single family or group of individuals living together as a single housekeeping unit.
APARTMENT HOUSEA multi-family dwelling unit building with two (2) or more apartments. At least two (2) dwelling units are owned by the same entity and at least one (1) dwelling unit is not owner occupied.
AREA, PROJECT1. Gross project area. Total project area.
2. Net project area. Total project area less land allocated to public street right-of-way, private streets, common ground, parking areas and any land allocated to specified non-project uses such as schools and churches when determining the "net residential project area" to be used as a basis for calculating the number of permitted dwelling units for a Planned Unit Development.
BANK or FINANCIAL INSTITUTIONAn establishment that is engaged in the business of a bank, savings and loan association or other similar institution that is regulated by State or Federal authority. Such establishment includes, without limitation, an office building or portion thereof devoted to such use, a drive-up facility and a facility containing one (1) or more automated teller machines.
BASEMENTThat portion of a building which is completely below ground or which is partly above and partly below ground, but having more than one-half (½) of its height below grade.
BASE STATIONA station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics, and includes a structure that currently supports or houses an antenna, a transceiver, coaxial cables, power supplies, or other associated equipment.
[Ord. No. 1732 §1, 8-20-2014]
BLOCKAn area of land within a subdivision 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.
BOARD OF ALDERMENThe officially elected Board of Aldermen of the City of Dardenne Prairie; the term may be abbreviated in this Chapter as the "Board".
BOARDING HOUSE or LODGING HOUSEA building, other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for four (4) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
BODY PIERCERAny individual who for a fee performs body piercing procedures on a human being, excluding the ears, at the patron's request including, but not limited to:
6. Labrets (lips and around the mouth);
9. Multiple piercing in the same area; and
10. Unusual piercing, including the earl, which is surface to surface piercing located across the bridge of the nose and/or the madison which is surface to surface piercing located near the clavicle.
BRAND and BRANDINGA permanent mark made on human tissue by burning with a hot iron or other instrument.
BRANDERAny individual who for a fee performs branding on a patron at the patron's request.
BUILDERAn entity engaged in the construction of buildings but not necessarily a developer.
BUILDINGAny structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment.
BUILDING COVERAGEThe proportion of the lot area expressed as a percent that is covered by the maximum horizontal cross section of a building or buildings.
BUILDING HEIGHTThe vertical distance from the average elevation of the proposed finished grade at the front of the building or structure to the highest point of the roof of a building or highest point of any permanent part of a structure other than a building.
BUILDING LINE or SETBACK LINEA line parallel to a street right-of-way line, edge of a stream or other property line established on a parcel of land or lot for the purpose of prohibiting construction of a building or structure in the area between such building line and right-of-way stream banks or other property line.
BULKThe term used to indicate the size and setback of a building or structure and the location of same with respect to another building or structure or to a lot line and includes the following: size and height of a building or structure; location of exterior walls of a building in relation to lot lines, streets or other buildings; the floor area of a building in relation to the area of the lot on which it is located; the open space allocated to a surrounding building; and the amount of lot area per dwelling unit.
BUSINESSAny activity engaged in by any person, or caused to be engaged in by him, with the object of gain, benefit or advantage, either direct or indirect.
CAMOUFLAGEDAny wireless support structure that is designed to blend into the surrounding environment. Examples include wireless support structures which are made to look like trees, light poles, or flag poles.
[Ord. No. 1732 §1, 8-20-2014]
CEMETERYA place for burial of the dead, including crematory facilities as an accessory use.
CHURCHShall have the same meaning as set forth in 19 CSR
30-95.010(5), as amended.
[Ord. No. 1975, 9-18-2019]
CITYThe City of Dardenne Prairie, Missouri.
CITY ENGINEERThe officially appointed engineer of the City of Dardenne Prairie or his or her designee, or such other person or persons as may be designated by the City Administrator from time to time.
[Ord. No. 2207, 9-21-2022]
CITY PLANNING AND ZONING COMMISSIONThe officially appointed Planning and Zoning Commission of the City of Dardenne Prairie; the term may be abbreviated in this Chapter as the "Commission".
CLUBA building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.
CODEThe Municipal Code of the City of Dardenne Prairie, Missouri.
COLLOCATIONThe placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.
[Ord. No. 1732 §1, 8-20-2014]
COMMON GROUNDLand included in a subdivision record plat that is not part of any lot nor part of the dedicated right-of-way. The term implies land that is held in common ownership by all owners of lots in the subdivision, usually through a homeowners' association.
CONDITIONAL USEA use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as conditional uses, if specific provisions for such conditional uses are made in this zoning ordinance.
CONDOMINIUMThe same as is defined by Section 448.1-103, RSMo.
CONSTRUCTION PLANSThe engineering drawings showing types of materials and construction details for physical structures and facilities, excluding dwelling units, to be installed in conjunction with any development.
CUL-DE-SACA local street with only one (1) outlet and having an appropriate turnaround at the end for the safe and convenient reversal of traffic movement.
CULTIVATIONAs related to activity authorized pursuant to Article
XIV, Section
1 of the Missouri Constitution and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
[Ord. No. 1975, 9-18-2019]
CULTIVATION IDENTIFICATION CARDAn additional, separate, or enhanced Identification Card issued by the State of Missouri allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
[Ord. No. 1975, 9-18-2019]
CURB LEVELThe mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.
DAY CARE CENTERA place which provides shelter and personal care on a regular basis for six (6) or more children who are not related within the third (3rd) degree of consanguinity to the operator for four (4) or more hours of any part of a twenty-four (24) hour day, whether such place be organized or operated for profit or not. The term "day care center" includes any child care facility, kindergarten, nurseries or any other facility that falls within the scope of the definitions set forth above, regardless of auspices.
DAY CARE FACILITY, ADULTThe care of an adult away from his/her own home for any part of the twenty-four (24) hour day, for compensation or otherwise. Day care is a voluntary supplement to the person's regular home activities and/or a designated guardian's responsibility for the person's protection, development and supervision. Day care may be given in a day care home or day care center subject to any applicable regulations or approvals.
DEDICATIONTransfer by the developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by formal deed of conveyance, plat or by any other method recognized by the laws of the State of Missouri.
DENSITYThe number of dwelling units per acre of gross land area.
DEVELOPERAny person, persons, corporation or government agency undertaking any development as defined in this Chapter. The term "developer" includes such commonly used references as subdivider, owner and proprietor but not builder.
DEVELOPMENTAny subdivision of land as herein defined or any material change in the use or appearance of any parcel of land subject to provisions of this Chapter or the act of building structures and/or installing site improvements.
DHSSThe Missouri Department of Health and Senior Services, or its successor agency.
[Ord. No. 1975, 9-18-2019]
DISTRICTA section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
DOMESTIC ANIMALSAnimals kept exclusively for the personal enjoyment of the occupants of a principal building and including those animals normally kept as pets.
DORMITORYA building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.
DRIVE-IN ESTABLISHMENTSAny business so developed that its retail or service character is primarily dependent upon serving patrons who remain in their motor vehicles in a driveway or parking spaces.
DWELLINGA building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, boarding and lodging houses, apartment houses and town houses but not hotels or motor hotels.
| DWELLING, MULTIPLE-FAMILY — A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families on a rental or ownership basis and commonly referred to as a triplex, four-plex or apartment building. |
| DWELLING, SINGLE-FAMILY — A building arranged, intended or designed for occupancy by one (1) family. The term does not include mobile homes, manufactured homes or modular homes, regardless of whether or not affixed to a permanent foundation or made a part of fixture of the real estate, where situated, in any other manner. |
| DWELLING, TWO-FAMILY — A building designed for or occupied exclusively by two (2) families living independently of each other. |
DWELLING UNITThe same meaning as set forth in Section R202 of the Residential Code for One- and Two-Family Dwellings of the City of Dardenne Prairie, Missouri.
[Ord. No. 1709 §1, 12-18-2013]
EASEMENTA right or privilege to use a portion of another's property for a particular purpose.
EDUCATIONAL FACILITIESThe use of a site for a public, private or parochial school offering instruction at the elementary, junior high or senior high school levels in the branches of learning and study required to be taught in the State of Missouri. The term "educational facilities" shall also include accessory uses including, but not necessarily limited to, lighted athletic fields, tennis courts, tracks, outdoor classrooms and athletic stadiums and gymnasiums with a seating capacity not to exceed five thousand (5,000) people.
ELECTRICAL TRANSMISSION TOWERAn electrical transmission structure used to support high-voltage overhead power lines. The term shall not include any utility pole.
[Ord. No. 1732 §1, 8-20-2014]
ELIGIBLE FACILITIES REQUESTAny request for modification of an existing structure or base station that involves:
[Ord. No. 1732 §1, 8-20-2014]
1. Collocation, as defined herein;
2. Removal of accessory equipment; or
3. Replacement of wireless facilities.
ENGINEERA professional engineer registered in and pursuant to the laws of the State of Missouri.
EQUIPMENT COMPOUNDAn area surrounding or near a wireless support structure within which are located wireless facilities.
[Ord. No. 1732 §1, 8-20-2014]
EXISTING STRUCTUREA structure that exists at the time a request to place wireless facilities on a structure is filed with the Zoning Administrator. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with Chapters
500 and
505 of the Municipal Code of the City of Dardenne Prairie and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
[Ord. No. 1732 §1, 8-20-2014; Ord. No. 2207, 9-21-2022]
FAMILYOne (1) or more persons who are related by blood, marriage or adoption living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis or as further defined by State Statute.
FARM PRODUCTSAny fresh fruits, vegetables, mushrooms, nuts, shell eggs, jams, jellies, honey or other bee products, maple syrup or maple sugar, flowers, nursery stock and other horticultural commodities, livestock food products, including meat, milk, cheese and other dairy products, food products of "aquaculture", as defined in Subsection
1 of Section
277.024, RSMo., including fish, oysters, clams, mussels and other molluscan shellfish taken from the waters of the State, products from any tree, vine or plant and other flowers, or any of the products listed that have been processed by the participating farmer, including, but not limited to, baked goods made with farm products.
FARMER'S MARKETA cooperative or non-profit enterprise or association that consistently occupies a given site throughout the season, which operates principally as a common marketplace for a group of farmers to sell farm products directly to consumers, and where the products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income.
FLOOD PLAINThat area of land adjoining the channel of a river, stream, watercourse, lake or similar body of water which will be inundated by a flood which has a one (1) in one hundred (100) probability of occurrence in a given year as defined by the U.S. Corps of Engineers and required by the National Flood Insurance Act.
FLOOR AREAFor commercial business and industrial building or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of the building measured from the exterior walls, but not including:
1. Attic space providing headroom of less than seven (7) feet;
2. Easement space not used for retailing;
3. Accessory water and cooling towers.
For residential buildings. The gross horizontal areas of the several floors of a dwelling exclusive of garages, basements and open porches measured from the external faces of the exterior walls. |
FLOWERING MARIJUANA PLANTA marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
[Ord. No. 1975, 9-18-2019]
FRONTAGEThe length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street right-of-way.
GARAGE, COMMUNITYA building or portion thereof, other than a public or repair garage, providing storage for motor vehicles but no other services, such garage to be in lieu of private garages within a block or portion of block.
GARAGE, PRIVATEAn accessory building or portion of a main building used for storage of personal use motor vehicles.
GARAGE, REPAIRA building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes.
GARAGE, STORAGEA building or portion thereof, except those defined as a private, a repair or a community garage, providing storage for motor vehicles with facilities for washing but no other services.
GARDEN APARTMENT BUILDINGA two- or three-story multi-family apartment building usually of wood frame construction. The typical garden apartment building is designed with apartment flats which extend through the building without a central corridor. One-half (½) of the units have ground level patios and the second-story units have balconies. In land planning the trend is toward two-story walk-up buildings at low density with open spaces for recreational purposes and to preserve the natural terrain and trees. Frequently, a sloping site can be adapted to gain another story without necessitating more than one (1) flight of stairs.
GREENBELT or BUFFER STRIPA strip of land located between incompatible land uses which is subject to private use restrictions or a negative easement or is dedicated to public use as open space for the purpose of protecting the built environment of a subdivision or to enhance a street right-of-way, or both.
GROUP HOMEAny home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
HOME OCCUPATIONAny lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.
[Ord. No. 2286, 1-17-2023]
HOTEL or MOTOR HOTELA building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than ten (10) sleeping rooms.
INSTITUTIONA building occupied by a non-profit corporation or a non-profit establishment.
JUNK YARDA parcel of land upon which the principal or accessory use is the accumulation of used, discarded or worn out materials or manufactured products, any of which may or may not be reusable or salable.
LARGE ANIMALAny animal which normally weighs more than fifty (50) pounds at maturity including, but not limited, to horses, bison, emus, ostrich, cattle, llamas, certain breeds of dogs, burrows, goats, etc.
LAUNDROMATA business that provides washing, drying or ironing machines and professional type cleaning and pressing equipment for hire to be used by customers on the premises.
LIVESTOCKLarge animals raised for commercial purpose, including horses, cattle, pigs, hogs, goats, sheep, ostriches, emu, llamas, etc.
LIVING AREAThe area of a dwelling unit composed of those rooms designed for and exclusively used for residential purposes, including bedrooms, kitchen, dining room, den/library, bathrooms, family and living rooms, stairwells and hallways connecting these rooms but not including the garage or basement.
LOADING SPACEA space within the main building or on the same lot providing for the standing, loading or unloading of trucks, which space shall have a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
LOTA measured portion of a parcel or a tract of land, set forth in a recorded plat, recorded or proposed to be recorded and intended as a unit for transfer of ownership or for development.
| LOT, CORNER — A lot abutting upon two (2) or more streets at their intersection. |
| LOT, INTERIOR — Any lot other than a corner or through lot. |
| LOT, THROUGH — A lot, other than a corner lot, which has streets on two (2) sides of the lot. |
LOT COVERAGEIncludes the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof over-hang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirements. The percent of lot coverage shall be computed as follows:
Percent of lot coverage = One hundred (100) times the square feet of ground coverage of all principal and accessory buildings, divided by the total square feet of lot area.
LOT LINESThe lines bounding a lot as defined herein.
| LOT LINE, FRONT — The boundary between a lot and the street on which it fronts. |
| LOT LINE, REAR — The boundary line or lines opposite and most distant from the front lot line; except that in the case of uncertainty, the Zoning Administrator shall determine the rear line. Notwithstanding the foregoing, where a lot is wedge-shaped having only two (2) side lot lines which end at a point, the rear lot line shall be considered to be said point of intersection and the rear yard shall be defined by a line parallel to the front lot line and measured the required distance from said point. [Ord. No. 2207, 9-21-2022] |
| LOT LINE, SIDE — Any lot boundary line not a front or rear line thereof; a side line may be a party lot line, a line bordering on an alley or place or a side street line. |
LOT WIDTHThe distance between side lot lines measured along the front building line.
MANUFACTURED HOMEA detached single-family dwelling unit with all of the following characteristics:
1. Designed for long-term occupancy, containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
2. Designed to be transported after fabrication on wheels or on a flatbed;
3. Delivered to a site where it is to be occupied as a complete dwelling, including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, etc.; and
4. Designed to have a permanent foundation.
MARIJUANACannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" does not include industrial hemp containing a cropwide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 1975, 9-18-2019]
MARIJUANA-INFUSED PRODUCTSProducts that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by DHSS to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by DHSS to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA FACILITYA medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by DHSS to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 1975, 9-18-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITYA facility certified by DHSS to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-transportation facility.
[Ord. No. 1975, 9-18-2019]
MOBILE HOMEA self-contained single-family unit designed to be transported after fabrication on wheels or on a flatbed, delivered to a site, ready for use except for minor unpacking and assembly, location on foundation supports, connection to utilities, etc.
MOBILE STATIONA radio-communication station capable of being moved and which ordinarily does move.
[Ord. No. 1732 §1, 8-20-2014]
MOBILE STRUCTUREA self-contained unit designed to be transported after fabrication on wheels or on a flatbed, delivered to a site; ready for use except for minor unpacking and assembly, location on foundation supports, connection to utilities, etc.
MODULAR UNITFactory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.
NEGATIVE EASEMENTA grant by the developer to the public, a corporation or person(s) for use of a recorded strip of land for open space or other non-developed purposes. See "COMMON GROUND".
NON-ACCESS RESERVATIONA parcel or tract of subdivision land withheld from development and subject to private use and access restrictions for the purpose of protecting the environment of subdivision or to enhance a street right-of-way or to improve traffic flow on a principal street.
NON-CONFORMING USE, BUILDING OR YARDA use, building or yard existing legally at the time of the passage of this Chapter or any amendment thereto which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.
NURSING HOMEA residence or other place licensed by the State of Missouri as a nursing home.
OPEN SPACELand dedicated or reserved for use by the general public or for use by residents of the subdivision or land held out of development and retained in its natural conditions with or without public access. Open space includes, but is not limited to, parks, parkways, playgrounds, school sites, wildlife or plant life preserves and nature study areas.
PARCEL or TRACTA continuous area or acreage of land that can be divided or subdivided as provided by this Chapter.
PARKING AREAAn open, unoccupied space used or required for use for parking vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
PARKING LOTAn open surfaced area used exclusively for the temporary storage of motor vehicles, but no vehicles may be equipped, repaired, rented or sold.
PARKING SPACEA surfaced area, enclosed in the main building or in an accessory building or unenclosed, reserved for the purpose of parking of motor vehicles per Article
XI of this Chapter.
PLANNED UNIT DEVELOPMENTA tract of land to be developed as an entity according to a plan and which may contain multiple uses; a Planned Unit Development (PUD) may be planned, developed and regulated as a single land use unit.
PLATA graphic representation of a tract of land or a subdivision of land showing developmental boundaries and features such as property lines.
PREFABRICATED BUILDINGA factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for commercial, educational, or industrial purposes. Prefabricated buildings include shipping container structures, but do not include structures defined as manufactured or mobile homes or constructed with an integral chassis and attached wheels.
[Ord. No. 2211, 10-5-2022]
PUBLIC USE AREASPublic parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or enjoyment.
REPLACEMENTIncludes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structures.
[Ord. No. 1732 §1, 8-20-2014]
REVERSE FRONTAGEFrontage on a road to which access is prohibited. When a subdivision lot occurs between two (2) non-intersecting streets, one (1) of which is a parkway, thoroughfare or collector and the other is a minor residential street, the lot will front on the minor residential street and a non-access reservation will be provided buffering the rear of the lot from the traffic artery.
RIGHT-OF-WAYThe land opened, reserved or dedicated for a street, sewer, water, walk, drainage course or other public purpose.
SCREEN PLANTINGA hedge of closely spaced shrubs with dense foliage in all seasons that effectively blocks view.
SETBACKThe distance from the property line that a main structure must be located in order to accommodate the zoning district yard requirement.
SHIPPING CONTAINERA portable storage container designed and manufactured according to specifications from the International Standards Organization (ISO) as a standard, reusable vessel intended to be loaded on a truck, rail car or ship, used primarily for shipping goods.
[Ord. No. 2211, 10-5-2022]
SHOPPING CENTERA group of retail stores planned and developed for the site upon which they are built and owned and managed as a unit with off-street parking provided on the property.
SITE PLANA plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade and, depending on requirements, the locations of proposed utility lines.
SMART CODEThe SmartCode adopted on July 18, 2007, and pursuant to Ordinance No. 1175 of the City of Dardenne Prairie, Missouri, as amended.
[Ord. No. 1732 §1, 8-20-2014]
STORYThat part of a building included between the surface of one (1) floor and the surface of the floor next above or, if there be no floor above, that part of the building which is between the surface of a floor and the ceiling next above. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is a half story when between fifty percent (50%) and seventy-five percent (75%) of the area of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.
STREETA general term denoting a public or private thoroughfare which affords the principal means of access by vehicular traffic to abutting property. The term includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court or other such terms but shall not include pedestrian way or alley. For dedication purposes, it may refer to the width of the right-of-way, not just the paved area.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls, columns, beams or girders or the addition of new electrical circuits or plumbing fixtures to the building.
STRUCTUREAny relatively immobile improvement on land composed of manmade materials. This includes pools, whether above ground or in-ground, sheds, garages, gazebos, etc., but not fences, retaining walls, pavements or swing sets.
SUBDIVIDERAny person, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as defined herein.
SUBDIVISIONThe partitioning of a parcel or tract of land by an owner or developer into two (2) or more lots of any size for the purpose of sale, lease or development, whether immediate or future; included are all changes in street lines, dedication or platting of streets and change in lot lines.
SUBSTANTIAL MODIFICATIONThe mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
[Ord. No. 1732 §1, 8-20-2014]
1. Increases the existing vertical height of the structure by more than ten percent (10%) or the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
2. Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
3. Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
4. Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
TATTOO1. An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
2. An indelible design made on the body of another person by production of scars other than branding.
TATTOOISTAny individual who for a fee tattoos a patron at the patron's request.
TEMPORARY RETAIL SALES USESelling products, merchandise or service to the public, conducted on a temporary basis and not occupying a permanent structure on the property on which it is located. The use may or may not occupy a tent, modular unit or other mobile structure and may or may not be conducted by the owner or lessee of the property. The use may, but need not, be associated with a permanent use on the property.
TOWN HOUSEThe town house, once known as the row house, is a single-family attached unit. Town houses are characteristically built as individual units in a series of four (4) to eight (8) houses with common sidewalls between units and a side yard on the end unit only. Typically, the town house has two (2) stories but may be designed with one (1), two (2) or three (3) stories and may be built on slab or on basement. Built-in garages are often constructed as part of the unit. Town houses usually have a fenced private rear yard patio for outdoor living.
TRANSITION STRIPA strip of land located between incompatible land uses that is subject to private use restrictions or a negative easement or is dedicated to public uses as open space for the purpose of protecting the build environment of a development or to enhance a street right-of-way or both.
TRAVEL TRAILERSIncluding automobile tent trailers, recreational vehicles or house cars designed to provide temporary mobile housing for highway and recreational travelers. Such use shall be considered equivalent to a hotel, tourist court or motor hotel for zoning purposes.
UTILITYAny person, corporation, county, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, waste water, data, cable television, or telecommunications or Internet protocol-related services.
[Ord. No. 1732 §1, 8-20-2014]
UTILITY POLEA structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.
[Ord. No. 1732 §1, 8-20-2014]
USEThe purpose or activity for which a piece of land or its buildings is designed, arranged or intended or for which it is occupied or maintained.
VARIANCEA modification of the specific requirements of this Chapter granted by Board of Adjustment in accordance with the terms of this Chapter for the purpose of assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district.
VILLAA single or two-story structure entirely surrounded by common ground whose structure exterior is maintained by the homeowners' association. The structure may be a freestanding, single unit or not greater than a three-unit structure.
WATER TOWERA water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
[Ord. No. 1732 §1, 8-20-2014]
WIRELESS COMMUNICATIONS SERVICEIncludes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. §
301.
[Ord. No. 1732 §1, 8-20-2014]
WIRELESS FACILITYThe set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.
[Ord. No. 1732 §1, 8-20-2014]
WIRELESS SUPPORT STRUCTUREA structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.
[Ord. No. 1732 §1, 8-20-2014]
YARDAn open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the foundation line of the main building shall be used. Where lots abut a street, all yards abutting said street shall be measured from the street right-of-way.
| YARD, FRONT — A yard across the full width of the lot extending from the front foundation line of the main building to the right-of-way of the street providing access to the lot. In the case of corner lots and through lots, the front yard requirement shall apply to the side and rear of the main structure. |
| YARD, REAR — A yard between the rear lot line and the rear foundation line of the main building and between the side lot lines. |
| YARD, SIDE — A yard between the foundation line of the main building and the adjacent side line of the lot and extending from a front building line to the rear building line. |
ZERO LOT LINE DWELLING UNITA development approach in which a freestanding building is sited on one (1) or more lot lines with no yard on the zero lot line side in order to increase the amount of usable open space on the remaining area of the lot. Zero lot line dwellings are designed with no windows facing the zero lot line side and are internally oriented to an enclosed, private courtyard or patio. Typically the zero lot line unit is a one-story, L-shaped single-family house designed as a two-, three- or four-bedroom unit on lots eighty (80) to one hundred (100) feet deep by forty (40), fifty (50) or sixty (60) feet wide, at density of five (5) to seven (7) families per gross acre. The zero lot line unit is usually designed in group or cluster arrangements and the land saved from conventional size house lots is used as common open space for recreation or to preserve natural features of the site.
ZONING ADMINISTRATORThe City Administrator of the City of Dardenne Prairie, appointed pursuant to Chapter
115 of the Municipal Code, or such other person or persons designated by the City Administrator.
[Ord. No. 2207, 9-21-2022]
ZONING ORDINANCEThe duly approved, enacted and amended ordinance which controls and regulates zoning in the City of Dardenne Prairie.