Zoneomics Logo
search icon

Excelsior Springs City Zoning Code

SECTION 400

030 Definitions.

[R.O. 2012 §400.030; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 92-3-4 §400.030, 3-16-1992; Ord. No. 92-8-6, 8-3-1992; Ord. No. 93-6-4 §400.030, 7-6-1993; Ord. No. 96-11-2, 11-4-1996; Ord. No. 2000-6-3, 6-5-2000; Ord. No. 2011-11-09-06 §1, 9-19-2011; Ord. No. 23-01-03, 1-17-2023; Ord. No. 23-11-05, 11-6-2023; Ord. No. 24-01-02, 1-2-2024; Ord. No. 24-12-04, 12-16-2024]
A. 
The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:
1. 
The singular number includes the plural and the plural the singular;
2. 
The present tense includes the past and the future tenses and the future the present;
3. 
The word "shall" is mandatory while the word "may" is permissive;
4. 
The masculine gender includes the feminine and neuter;
5. 
Whenever a word or term defined hereinafter appears in the text of this Chapter its meaning shall be constructed as set forth in the definition thereof;
6. 
All measured distances shall be to the nearest integral foot; if a fraction is one-half (½) foot or more, the integral foot next above shall be taken;
7. 
The following words and terms, wherever they occur in this Chapter, shall be construed as herein defined.
ABANDONMENT
When the use of a property has ceased and the property had been vacant for one hundred eighty (180) days, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent or use the property for legal permissible use.
ABUTTING
Having a common border with or being separated from such common border only by an alley, easement or right-of-way.
ACCESS
The place or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
ACCESSORY USE
A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, such primary use.
AGING IN PLACE
A person living in the residence of their choice, for as long as they are able, as they age. This includes being able to have any services (or other support) they might need over time as their needs change.
AGRICULTURE
The planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in Clay and Ray Counties. The raising and feeding of livestock and poultry shall be considered agriculture if the area in which the livestock or poultry is kept is a part of an ownership of five (5) acres or more, the primary use of which is row crops or grazing. Stock yards, sale of machinery, feed lots, grain elevators and similar commercial operations shall not be included in this definition.
AIRPORT
Any premises which are used, or intended for use, for the landing and take-off of aircraft; and any appurtenant areas which are used, or intended for use, for airport buildings or other airport structures or right-of-way, together with all airport buildings and structures located therein.
ALLEY
A right-of-way with a width not exceeding twenty-four (24) feet which affords a secondary means of access to abutting property.
ALTERATION
Any addition, removal, extension or change in the location of any exterior wall of a building.
ANIMAL HOSPITAL
Any building, or portion thereof, designed or used for the care, observation, or treatment of domestic animals.
ANTENNA
Any structure or device used to collect or radiate electromagnetic waves for the provision of wireless services, including, but not limited to, cellular, paging, personal communications services (PCS), internet, and microwave communications. Such structures and devices include, but not limited to, directional antennae, such as panels, microwave dishes and satellite dishes, and omni directional antenna.
APARTMENT
A room or suite of rooms within an apartment house arranged, intended or designed as a place of residence for a family.
AUTOMATIC CAR WASH
Any building, or portion thereof, where motor vehicles are washed using a conveyor, blower, steam-cleaning equipment, or other mechanical device of production-line nature.
BANNER
Any sign made of cloth, paper, flexible plastic, or fabric with only such material for backing, bearing a slogan or design, hung in a public place, or carried in a demonstration or procession.
BASEMENT
A portion of a building located partly underground, but having more than half (1/2) its floor-to-ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST ESTABLISHMENT
A business operated from the owner's primary residence, providing rooms therein for overnight accommodation, serving no meals other than breakfast. Limited events such as small weddings and business meetings may be held on the premises, with no more than one (1) luncheon setting or comparable light meal service.
BILLBOARD
A permanent structure sign which is used for the display of off-site commercial messages. It is located outdoor for the purposes of advertisement, and typically found in high-traffic areas.
BLIGHTED AREA
An area which, by reason of the predominance of defective or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes or combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability of a menace to the public health, safety, morals, and welfare in its present condition or use.
BLOCK
A tract of land bounded by streets or by a combination of one (1) or more streets and public parks, cemeteries, railroad right-of-way, or shore lines of waterways or corporate boundary lines.
BOARDING OR LODGING HOUSES
A residential building containing one (1) of more rooms which have no cooking facilities and which are occupied by persons other than members of the immediate family, and which may or may not include meals.
BUILDING
Anything constructed for shelter or enclosure of person, animals, chattels, or movable property of any kind and which is permanently affixed to the land.
BUILDING HEIGHT
The vertical distance measured from the average finished grade adjoining the building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks, and similar projections shall not be included in calculating the height.
BUILDING PERMIT
A document of authorization issued by a local government when an individual or company wants to build a new structure or begin construction on an existing structure for expansion or repair.
BUILDING, DETACHED
A single dwelling not attached to any other dwelling or structure (except its own garage or shed). A building with walls and a roof.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is located.
BUILDING, RESIDENTIAL
A building arranged, designed, used or intended to be used for residential occupancy by one (1) or more families.
BUILDING, TEMPORARY
Any building not designed to be permanently located, placed, or affixed in the place where it is situated.
BULK
A composite characteristic of a given building as located upon a given lot, not definable as a single quantity, but involving all of the following characteristics:
1. 
Size and height of building;
2. 
Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;
3. 
Gross floor area of the building in relation to lot area (floor area ratio);
4. 
All open spaces allocated to the building; and
5. 
Amount of lot area provided per dwelling unit.
BUSINESS
An occupation, employment, or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold or where services are offered.
CALIPER
A measurement of size of a shade tree, that being the diameter of the trunk measured one (1) foot above the ground surface or top of earth ball.
CAMPGROUND
An area of land, including supporting sanitary and other facilities, for the overnight or temporary parking of recreational vehicles and other modes of sleeping while traveling by auto.
CANOPY
A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings.
CARPORT
A roofed accessory attached or detached structure, primarily used for parking motor vehicles, that is open on at least one side. It is a covered parking structure that is used to protect vehicles from rain, snow, hail, and dust. A carport may be attached to a home in place of a garage, or it may be built as a freestanding structure.
CERTIFICATION OF APPROPRIATENESS (COA)
The approval statement signed by the Historic Preservation Committee certifies the historical appropriateness of a proposed alteration to, construction of an addition to, or demolition (partial or complete) of a landmark or property in a historic district. The issuance of a Certificate of Appropriateness authorizes the issuance of a building permit.
CLUB OR LODGE, PRIVATE
An association of persons who are bona fide members, paying dues, and being generally restricted to members and their guests.
CLUSTER HOUSING
The site planning technique of grouping dwelling units around courts, parking areas, common open spaces, and private drives as opposed to fronting all on a public street.
COMMERCIAL
Pertaining to the buying and selling of goods and services.
COMMERCIAL TRUCKS OR BUSES
A truck or bus licensed at or above eighteen thousand (18,000) pounds gross vehicle weight.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility’s authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process, package, store on- or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as allowed by applicable law to a qualifying patient or primary caregiver, as defined by law, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of applicable laws and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility’s authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
COMPREHENSIVE PLAN
One or more documents approved by the council set forth goals, objectives, and policies for the city and neighborhoods. Goals and policies which have been adopted, or as they may be expanded or amended, are to serve as a guide for decisions by the Planning Commission and the Council on a variety of subjects, including, but not limited to, initial zoning, rezoning, conditional uses, growth and development, transportation, parks and open spaces, capital improvements, and cultural arts.
CONDOMINIUM
A type of ownership whereby portions of a building are separately owned under the Condominium Statutes of the State of Missouri.
CONGREGATE LIVING
A style of living whereby senior adults reside in separate sleeping quarters but utilize common dining and recreational facilities.
CONSTRUCTION SIGN
Any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended.
COUNTRY INN
A limited accommodation facility, situated on a parcel of not less than five (5) acres, offering not less than five (5) nor more than fifteen (15) rooms for overnight lodging, with an owner or manager residing on or adjacent to the site. Meals may be served to overnight guests and to the general public, including alcoholic beverage service under separate license for the same, with dining facilities for no more than fifty (50) patrons. Events such as weddings and business meetings may be held on the premises, within the same limitations.
COURT
An open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
COVENANT
A property covenant is an agreement between two (2) or more parties regarding certain uses of a piece of real property. The covenant will either benefit or burden the landowner.
CULTIVATION
As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
CURB LEVEL
The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the center line of such front.
DAY CARE CENTER
A building wherein children not being of the same family, are kept during portions of the day when the children's parents are employed or otherwise occupied elsewhere.
DECIBEL
A unit of measurement of the intensity (loudness) of sound. As used in this Chapter decibel levels shall be measured on the "A Scale" and referred to as "dB (A)."
DENSITY
The number of dwelling units that are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
DESIGN
A drawing or outline made for the construction, modification, demolition, relocation, use or reuse of a building, which shows essential particulars of the various parts, dimensions and symbols of materials, and functions of the building sufficiently complete for such purpose.
DEVELOPABLE LAND
Land which is appropriately zoned, has access to all necessary utilities and has access to publicly dedicated streets.
DEVELOPMENT
Any manmade change to unimproved property including, but not limited to, grading, drilling, excavation, filling, paving, installation of utilities or landscaping, and the construction of structures, retaining walls and fences.
DEVELOPMENT PLAN
A document which provides planners with guidelines to follow during the development assessment process.
DOG KENNEL
Any premises where three (3) or more dogs are owned, boarded, bred, and/or offered for sale.
DRIVE-IN ESTABLISHMENT
A place of business operated for the retail sale of food and other goods, services, or entertainment; where patrons may be served or otherwise conduct their business while remaining in the motor vehicle which is parked in a space provided on the premises.
DRIVE-THRU SERVICES
Any business wherein a patron is served through a window or other device while remaining in a motor vehicle and where products served to persons in a vehicle are not normally consumed on the premises.
DRIVEWAY
A private access road, the use of that is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
DUMP
A lot or land or part thereof used primarily for the disposal, abandonment, dumping, burial, burning or storage of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING
A building or portion thereof intended for occupancy for residential purposes but not including hotels, motels, rooming houses, nursing homes, tourist homes, motorhomes or recreation vehicles.
DWELLING — MULTIPLE-FAMILY
A dwelling, or portion thereof, containing three (3) or more dwelling units.
DWELLING — SINGLE-FAMILY
A dwelling containing one (1) dwelling unit.
DWELLING — TWO-FAMILY
A dwelling containing two (2) dwelling units.
DWELLING UNIT
One (1) or more rooms constituting all or part of a dwelling and which are arranged, designed, used, or intended for use exclusively as a single housekeeping unit for one (1) family, and which includes cooking, living, sanitation, and sleeping facilities.
EASEMENT
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
EMINENT DOMAIN
The power of the government to take private property and convert it into public use.
FAIR MARKET RENT
A gross rent estimate that includes base rent, as well as any essential utilities that the tenant would be responsible for paying, such as gas or electric. Fair market rent is generally calculated as the 40th percentile or gross rents for regular, standard quality units in a local housing market.
FAMILY
One (1) or more persons, each related to the other by blood, marriage, or legal adoption, or group of not more than four (4) persons not so related, and maintaining a common household and using one (1) set of kitchen facilities in a dwelling unit. A family may include not more than two (2) roomers, boarders, or permanent guests not a part of a common household, whether or not gratuitous.
FARMING
A tract of land, usually with a house, barn, or silo on which crops and often livestock are raised for livelihood.
FENCE — SOLID
A fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties, streets, alleys or public ways, materials stored and operations and activities conducted behind it.
FLOOR — TOTAL AREA
The sum of the gross horizontal areas of all floors in a building, measured in square feet, including the basement floor, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment; penthouses; attic space having headroom of seven (7) feet ten (10) inches or more; interior balconies and mezzanines; enclosed porches; and floor devoted to accessory uses, provided that any space devoted to off-street parking or loading shall not be included in the total floor area.
FLOOR AREA FOR THE PURPOSE OF DETERMINING OFF-STREET PARKING REQUIREMENTS
The total floor area of the building, expressed in square feet, measured from the exterior surface of outside walls, and including mezzanines, upper floors, whether finished or not, from which is subtracted the floor area of washrooms, elevator shafts, stairways, mechanical room and any permanent shopping center malls.
FLOOR AREA RATIO
The numerical value obtained through dividing the floor area of a building or buildings by the area of the lot on which such building are located.
GARAGE — DETACHED
A free standing "accessory building" as defined above which is not a part of the principal structure, but is accessory to a principal structure. A "detached garage" may not be a principal structure or be allowed on a lot or parcel in a residential district where no principal structure is located.
GARAGE — PRIVATE
An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing of private passenger vehicles of the persons, family, or families using the premises; as well as the storage of boats, campers, and recreational vehicles; and except carports for legally permitted hobby and craft pursuits of the persons, family or families using the premises.
GARAGE — STORAGE
A building or premises used for housing motor vehicles pursuant to previous arrangements and for duration greater than three (3) days.
GARBAGE
Household waste or rubbish which consists of leftover food, fruit, vegetable peels, fallen leaves of potted plants, waste paper, unwanted plastic objects, glass articles, metal objects, old wooden objects, rags, discarded shoes, sewage.
GARDEN APARTMENTS
An apartment building located on a lot, either singly or together with other similar apartments buildings, generally having a low density of population and having substantial landscaped open space adjacent to the dwelling units.
GRADE
The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five (5) feet from the building.
GROUND FLOOR AREA (GFA)
The lot area covered by a building measured from the exterior faces of exterior walls, but excluding open terraces or open porches, garages or carports.
GROUP HOME
Any home in which eight (8) of fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house parents or guardians who need not to be related to each other or to any of the mentally or physically handicapped persons residing in the home.
GUEST – PERMANENT
A person who occupies or has the right to occupy, a residence or dwelling accommodation for a period of thirty (30) days or more.
HAZARDOUS MATERIAL
Are substances or chemicals that pose a health hazard, a physical hazard, or harm to the environment.
1. 
Ignitable. A gas, liquid, or solid which may cause fires through friction, absorption of moisture or which has low flash points.
2. 
Carcinogenic. A gas, liquid or solid which is normally considered to be cancer causing or mutagenic.
3. 
Explosive. A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof.
4. 
Highly Toxic. A gas, liquid or solid so dangerous to man as to afford an unusual hazard to life.
5. 
Moderately Toxic. A gas, liquid or solid which through repeated exposure or in a single large dose can be hazardous to man.
6. 
Corrosive. Any material, whether acid or alkaline, which will cause severe damage to human tissue or, in case of leakage, might damage or destroy other containers of hazardous materials and cause the release of their contents.
HAZARDOUS WASTE
A waste with properties that make it dangerous or capable of having harmful effect on human health or the environment.
HEIGHT OF STRUCTURE OTHER THAN A BUILDING
The vertical distance from the average ground level at the base of the structure to the highest part thereof.
HOME OCCUPATION
Any gainful occupation, business, or profession conducted in a dwelling by a member of the immediate family residing on the premises.
HOTEL
A building containing lodging rooms, a common entrance and lobby, halls and stairways, and which lodging rooms do not have doorways opening directly to the outdoors except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent, with or without meals, to transient guests for a continuous period of less than thirty (30) days.
HOTEL – APARTMENT
A hotel, except more than fifty percent (50%) of the lodging rooms are available for permanent guests.
HOUSEHOLD
The residential occupancy of a dwelling unity by a household on a month-to-month or longer basis in structures with self-contained dwelling units including kitchens.
INFUSED PREROLL
A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper, (2) dried flower, buds, and/or plant material, and (3) a concentrate, oil or other type of marijuana extract, either within or on the surface of the product. Infused prerolls may or may not include a filter or crutch at the base of the product.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, iron, steel, and other old or scrap ferrous or non-ferrous material. Old things that have been thrown away or that have little value. These items are typically in very poor condition and damaged.
JUNK YARD
An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings, nor does it include an establishment engaged only in the processing of scrap metal for the manufacture of steel on the same premises.
KENNEL
A facility in which four (4) or more household pets are temporary housed, groomed, bred, boarded, or trained; and may also be incidentally treated for medical conditions. Kennels includes for-profit facilities, as well as not-for-profit or public facilities at which abandoned or rescued animals are housed and offered for adoption. A commercial operation that:
1. 
Provides food, shelter, and care for more than three (3) dogs of six (6) months of age or older for purposes not related to medical care; or
2. 
Regularly engages in the breeding of animals for sale.
LABORATORY
A building, or group of buildings, in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the principal investigative or research function.
LANDMARK
A property or structure designated as a "landmark" by the City Council; which is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city.
LANDSCAPING
The bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.
LODGING ROOM
A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suit of rooms, each room shall be counted as one (1) lodging room.
LOT
A parcel of land occupied by, or intended for occupancy by, one (1) principal building, unified groups of buildings or principal uses, and having access to a public street. A lot may be one (1) of more platted lots, or tract or tracts as conveyed, or parts thereof.
LOT — REVERSED CORNER
A corner lot where the side lot line adjoining a street is substantially a continuation of the front line of the first lot to its rear.
LOT — THROUGH
An interior lot having frontage on two (2) streets.
LOT — WIDTH
The horizontal distance between side lot lines, measured at the front building line.
LOT AREA
The area of a horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
LOT CORNER
A lot situated at the junction of, and abutting on two (2) or more intersecting streets. A corner lot shall be deemed to front on that street on which it has its least dimension unless otherwise specified by the Building Official.
LOT DEPTH
The average horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINE
A property boundary line of any lot.
LOT LINE — FRONT
That boundary line between a lot and the street on which it fronts.
LOT LINE — REAR
That boundary of a lot which is opposite and most distant from and is approximately parallel to the front lot line. If the rear lot line is less that ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE — SIDE
Any boundary of a lot which is not a front or rear lot line.
MAINTENANCE
The activities necessary to prolong the useful life and aesthetic appearance of a property. Maintenance on a historic structure focuses on preventing the deterioration and decay of, and damage to, the structure.
MANUFACTURED HOME
A structure, constructed on or after June 15, 1976, in compliance with the rules and definitions of the United States Department of Housing and Urban Development, transportable in one or more sections, which is built on a permanent chassis and is designed for use with a permanent foundation when connected to the required utilities for occupancy. The term "manufactured home" does not include recreational vehicles.
MANUFACTURER
Every person, partnership, firm, corporation, association, limited liability company, or other legal entity engaged in cultivation, treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the utility value, or appearance of commodities and other personal property, whether done on order of for sale upon expected or anticipated demand or orders for the manufactured goods. Comprehensive and medical marijuana cultivation facilities and comprehensive and medical marijuana-infused products manufacturing facilities are manufacturers.
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the Department, but shall not include a licensed medical facility.
MARIJUANA MICROBUSINESS FACILITY
A facility licensed by the Department as a microbusiness dispensary facility or microbusiness wholesale facility, as defined by law.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana infused products. "Marijuana" or "marihuana" do not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA TESTING FACILITY
A facility certified by the Department to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.
MEDICAL FACILITY
Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in this Section.
MEDICAL MARIJUANA BUSINESS
A medical marijuana business shall be defined as any of the following herein defined entities:
1. 
Medical marijuana cultivation facility.
2. 
Medical marijuana dispensary facility.
3. 
Medical marijuana-infused products manufacturing facility.
4. 
Medical marijuana testing facility.
5. 
Any other entity currently or hereafter included in and regulated by Article XIV, Section 1 of the Missouri Constitution.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as "clones") to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility’s authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana infused-products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility’s authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department, to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the Department to acquire, process, package, store on- or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as allowed by law to a qualifying patient or primary caregiver, as defined by law, or to a consumer, anywhere on the licensed property or to any address as directed by the qualifying patient, primary caregiver, or consumer and consistent with the limitations of Article XIV of the Missouri Constitution and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness marijuana dispensary facility’s authority to process marijuana shall include the creation of prerolls.
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (clones) and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering marijuana plants at any given time. A microbusiness wholesale facility’s authority to process marijuana shall include the creation of prerolls and infused prerolls.
MOBILE HOME
A residential building, assembled in total or in not more than three (3) sections at the factory, and transported over the road on its own wheel carriage to a destination, and which may be moved from one (1) destination to another.
MOBILE HOME PARK/SUBDIVISION
A tract of land having a system of utilities including water supply, sanitary sewers, power and telephone, which utilities are available to mobile homes which may be placed on the property on a temporary or permanent basis for residential purposes.
MODIFY (MODIFICATION)
Any addition, deletion, or change, including the addition or replacement of antennas, or any change to a structure requiring a building permit or other governmental approval.
MOTEL or MOTOR HOTEL
A building containing lodging rooms having adjoining individual bathrooms, and used primarily by transient guests traveling by motor vehicle.
MOTOR FREIGHT TERMINAL
A building or premises in which freight is received or dispatched by motor vehicle.
MOTOR VEHICLE
Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.
MOTOR VEHICLE SALVAGE OR WRECKING YARD
Any area of land where three (3) or more inoperable motor vehicles, or parts thereof, are stored in the open and are not being restored to operation; or any land, building, or structure used for the stripping, wrecking or storing of such motor vehicles, or parts thereof and which may include sale of parts of vehicles.
MOTOR VEHICLE SERVICE STATION
Any building, or portion thereof, or premises used for dispensing or offering for sale at retail any automotive fuels or oils, having pumps and storage tanks thereon; or where battery, tire, and other similar services are rendered, but only if rendered wholly within the lot lines. When dispensing, sale or offering for sale is only incidental to the conduct of a repair garage, the premises are classified as repair garage. Motor vehicle service stations do not include open sales lots or vehicle storage lots.
NAMEPLATE
A sign indicating the name and address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein.
NOXIOUS MATTER
Material which is capable of causing injury or physical discomfort to living organisms by chemical reaction or is capable of causing detrimental effects upon the health or the psychological, social, or economic well-being of human beings.
NURSING HOME
A residential establishment for the care of persons requiring a continuous and moderate level of health care.
OCCUPY
When a person has ownership or possession of land, a room, or a building that is actively living in or using it as a tenant owner.
OPEN SALES LOT
Any land used or occupied for the purpose of displaying, buying or selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, monuments, or for similar items or for the storing of same prior to sale.
OVERLAY DISTRICT
A district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change. An area of the city that have unique qualities requiring special treatment or locations where special approaches to development may be warranted.
PARCEL
A lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision or other development ordinances.
PARTICULATE MATTER
Material which is suspended in or discharged into the atmosphere in finely divided form as liquid or solid at atmospheric temperature and pressure.
PARTY WALL
A wall which is common to but divides contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground grade to the height of the exterior surface of the roof.
PAYDAY LOAN BUSINESS
The business of making loans for a period of thirty (30) days or less in duration, intended to coincide with the period from one (1) payday of the borrower to the next, and in principal amounts of five hundred dollars ($500.00) or less.
PERFORMANCE STANDARD
A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare, heat, or other effect generated by or inherent in the uses of land or buildings.
PERMIT
A type of authorization that must be granted by regulatory body before the construction of a new or existing building can legally occur.
PLANNED ZONING DISTRICT
The zoning designation of a lot or tract to permit that development as is specifically depicted on plans approved in the process of zoning that lot or tract.
PLANNING AND ZONING COMMISSION
The duly appointed advisory board having duties and jurisdiction in the City of Excelsior Springs as set out in Missouri Statutes and local ordinances and which board may be referred to herein as "Planning Commission" or "Commission."
PLAT
A map representing a tract of land, showing the boundaries and location of individual properties and streets.
PLAT, FINAL
A complete and exact subdivision plat, prepared for official recording as required, to define property boundaries and proposed streets and other improvements.
PLAT, PRELIMINARY
A preliminary plat for a subdivision shall be a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and its relationship to the surrounding area.
PREROLL
A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.
PUBLIC UTILITIES AND FACILITIES
A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
RECYCLING
The separation and reuse of materials which might otherwise be disposed of as solid waste.
REDEVELOPMENT AREA
An area designated by the City, in respect to which the city has made a finding that there exist conditions which cause the area to be classified as a blighted area, a conservation area, economic development area, or a combination thereof.
REFUSE
Waste products resulting from human habitation or the conduct of business or industry, except sewage.
REZONING
To reclassify (a property, neighborhood, etc.) as a belonging to a different zone or being subject to different zoning restrictions.
RIGHT-OF-WAY
The land opened, reserved or dedicated for a street, highway, walk, drainage or other purpose.
ROOMING HOUSE
A building, or portion thereof, containing lodging rooms which accommodate persons who are not members of the keeper's family and where lodging rooms or meals, or both, are provided for compensation.
SCREENING
A structure erected or vegetation planted as a screen designed to conceal structures, materials and operations conducted behind it.
SENIOR ADULT
A person fifty-five (55) years of age or older.
SET BACK LINE
The minimum required distance between the property line and building line.
SHED
A simple enclosed structure no one lives in that is physically detached from the primary structure and primarily used for storage. Typically, a shed is used for storing of garden tools.
SHORT TERM RENTAL
A permanent residential dwelling unit or any portion of such dwelling unit, or a mixed residential and non-residential use within the Central Business District, rented for occupancy for a period of less than twenty-seven (27) consecutive calendar days, regardless of whether a permanent resident is also present during the period of occupancy.
SIDEWALK
A concrete area, paralleling and usually separated from the street, used as a pedestrian walkway.
SITE PLAN
A plan that outlines the use and development of any tract of land.
SITE PLAN REVIEW
A process where the construction of new building, new additions, and improvements are reviewed by City Staff for approval.
STORAGE
The word storage, stored or store when used in this Chapter shall mean the keeping of materials, equipment or products of the following nature:
1. 
In Residential Districts the keeping of building materials, industrial equipment, semi-trailer trucks, recreational vehicles and equipment and similar items for a period of time longer than would normally be involved in the day-to-day use or consumption of the same. The keeping of motor vehicles, pickup trucks and similar vehicles used for daily transportation by occupants of the premises; recreational equipment and vehicles which are used one (1) or more times per month for recreation purposes during the period of keeping on the premises; and construction materials and equipment which are being used for construction on the premises shall not be considered storage.
2. 
In commercial and industrial districts, the keeping of merchandise, raw materials, products or equipment which are a necessary part of the sales, manufacturing or other activity on the premises.
STORY
The part of a building included between the surface of one (1) floor and the surface of the floor above, or if there is 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 (1/2) 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 (1/2) 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. When less than fifty percent (50%) of the area of the walls of the first story is exposed to outside light and air entirely above grade, that story shall be classed as a basement and in the case of multiple-family dwellings may not be occupied as a resident by other than a caretaker or manager.
STREET
A right-of-way which affords a primary means of access to abutting property.
STREET, ARTERIAL
A street or road of considerable continuity which serves or is intended to serve as a principal trafficway between separated areas or districts and which is the main means of access to the collector street system, highways or expressways.
STRUCTURAL ALTERATION
Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams, or girders.
STRUCTURE
Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground.
TITLE LOAN BUSINESS
The business of lending money with the pledge of personal property as collateral, evidenced by a certificate of title issued by the State, and regulated under Sections 367.500 - 367.533, RSMo., as from time to time amended.
TRAILER — HAULING
A trailer, as defined above, and designed and normally used for over-the-road transportation of belongings, equipment, merchandise, livestock and other objects, but not equipped for human habitation.
TRAILER (ENCLOSED OR OPEN)
A vehicle, other than a mobile home, equipped with wheels and normally towed over the road behind a motor vehicle.
TRAILER ADVERTISING
A trailer, as defined above, but carrying or having attached thereto, a sign, billboard, lettering or other media for advertising or announcing a business, premises or event.
TRANSPORTATION FACILITY
A facility certified by the Department to house operations involving the transport of marijuana product to or from a marijuana facility or medical facility; or to a qualifying patient, primary caregiver, or consumer.
TRAVEL TRAILER, RECREATION VEHICLE or MOTOR HOME
A portable structure mounted on wheels or on a motorized chassis, including converted bus, and which is normally used as sleeping quarters and shelter while traveling but not as a dwelling.
USE — ACCESSORY
A subordinate use which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal building or use.
USE — NON-CONFORMING
Any use of a building or premises which on the effective date of this Chapter does not, even though lawfully established, comply with all of the applicable use regulations as set forth herein for the Zoning District in which such building or premise is located.
USE — PERMITTED
Any building, structure, or use, which on the effective date of this Chapter, complies with the applicable regulations governing permitted uses in the Zoning District in which such building, structure, or use is located.
USE — PRINCIPAL
The main use of land or buildings as distinguished from a subordinate or accessory use.
USE
The purpose or activity for which the land or building thereon is designed, arranged, or intended, of for which it is occupied or maintained.
UTILITY BUILDING
A free-standing accessory building in a Commercial or Industrial District which houses secondary or incidental equipment or functions of the principal use. Utility buildings are subject to all of the Zoning and Building Code provisions of the Municipal Code of the City of Excelsior Springs.
VACANT
A property or residential, commercial, industrial, or mixed-use real property that has not been lawfully occupied and maintained, actively marketed for rental, or under active construction for a continuous period of forty-five (45) days or more, or, notwithstanding the foregoing, any residential, commercial, or mixed-use property in which more than half of the exterior windows or doors of a building are broken, boarded, or without a functioning locking mechanism.
VARIANCE
A variance of or relief from a specific requirement in this Chapter as applied to a specific property as approved by the Board of Adjustment.
VIOLATION
When a property does not meet the regulations as governed in the Zoning Ordinance and Regulations.
YARD
An open space on a lot which is generally unoccupied and unobstructed from ground level to the sky, except as otherwise permitted in this Chapter. A yard extends along a lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD — FRONT
A yard across the full width of the lot and extending back from the front line to the front line of the main building.
YARD — REAR
The portion of the yard on the same lot with the principal building and located between the rear line of the building and the rear lot line extending for the full width of the lot.
YARD — SIDE
A yard extending along a side lot line between the front and rear yards.
ZONING
The act or process of partitioning a City, Town, or Borough into zones reserved for different purposes.
ZONING DISTRICTS
An area or areas within the City limits for which the regulation and requirements governing use, lot and bulk of building and premises are uniform.