Zoneomics Logo
search icon

Garden City City Zoning Code

§ IV

DEFINITIONS.

For the purpose of this ordinance, words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word “building” includes the work “structure”; the word “shall” or the word “must” is mandatory and not directive; the term “used for” includes the meaning “designed for” or “intended for.” The following words and terms, as used herein, are defined to mean the following:
Accessory building or use:
A subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. 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.
Alley:
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Alteration:
Any addition, removal, extension, or change in the location of any exterior surface of a main building or accessory building.
Apartment:
A room or a suite of rooms within an apartment house or two-family dwelling arranged, intended, or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
Apartment hotel:
An apartment house that furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
Apartment house:
A building arranged, intended, or designed for more than two families.
Basement:
A story below the first story, as defined under “Story,” counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
Block:
A piece of parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the zoning authority shall determine the outline of the block.
Board:
Board of zoning adjustment.
Boardinghouse or lodginghouse:
A building other than a hotel occupied as a single housekeeping unit where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not the public or transients.
Building:
A structure for the purpose of housing or enclosing of persons, animals, or chattels.
Building line:
The line between the street line or lot line not building or other structure or portion thereof, [sic] except as provided in the ordinance code, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.
Church(es)/places of worship:
A building(s) primarily used for public religious worship and associated religious function (education, fellowship, etc.), including synagogues and temples.
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 State of Missouri Department of Health and senior Services to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical 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 State of Missouri Department of Health and Senior Services 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 provide for in Section 2, Article XIV of the Missouri State Constitution to qualifying patient or primary caregiver, as those terms are defined in Section 1, 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 limitation of said Article 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 it marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate sales tax for each sale, as forth in said Article 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 State of Missouri Department of Health and Senior Services 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.
Court:
Is an unoccupied open space other than a yard on the same lot with a building which is bounded on two or more sides by the walls of such building.
Cul-de-sac:
A street having one end open to traffic and being permanently terminated by a vehicle turnaround.
Curb level:
The mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street where the mean curb level is the highest.
Day nursery:
A child-care facility, as defined by Section 210.201 RSMo. That is licensed by the State of Missouri.
Dwelling:
A building or portion thereof designed exclusively for residential occupancy, including one-family and multiple dwellings, boardinghouses, and lodginghouses, apartment houses, and apartment hotels, but not hotels, house trailers, or mobile homes.
Dwelling–multiple:
A building or portion thereof designed, arranged, intended, or designed for occupancy by three or more families living independently of each other, including apartment houses, row houses, tenements, and apartment hotels.
Dwelling–one-family:
A detached building arranged, intended, or designed for occupancy by one family.
Dwelling–two-family:
A building arranged, intended, or designed for occupancy by two families.
Family:
One or more persons who are related by blood or marriage, including not more than two lodgers or boarders, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than four (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis.
Garage–community:
A building or portion thereof, other than a public, private, or storage garage providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of a block.
Garage–private:
An accessory building for storage of passenger motor vehicles or other privately owned equipment, not for business.
Garage–storage:
A building or portion thereof, except those defined as a private, public, or a community garage providing storage for motor vehicles, with facilities for washing but no other services.
Garden apartment project:
A building project consisting of three or more buildings of uniform appearance, with at least two units per building, to be constructed on a plot of ground which is not subdivided into customary streets or lots and which is under single ownership or unified control.
Group housing project:
A building project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots.
Height of buildings:
The vertical distance measured from the highest of the following three levels:
A. 
From the street curb level.
B. 
From the established or mean street grade in case the curb has not been constructed.
C. 
From the average finished ground level adjoining the building where it sits back from the street line.
To:
A.
The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot.
B.
To the level of the top of the highest ridge for other roofs.
Hotel:
A 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 12 sleeping rooms, and no provision for cooking in individual rooms.
House trailer or mobile home:
Any structure used for sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which have been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place.
Lot:
A tract of land intended as a unit of transfer of ownership or development.
Lot–corner:
A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the zoning authority.
Lot depth:
The mean horizontal distance from the front line to the rear line.
Lot–double frontage:
An interior lot having frontage on two streets.
Lot–in separate ownership at time of passage of this ordinance:
A lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in office of Recorder of Deeds of Cass County on or before date of adoption of this ordinance and conforming with previous zoning ordinances of the City of Garden City.
Lot–interior:
A lot whose sides do not abut upon any street.
Lot–lines:
The 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 which is opposite and most distant from the front street line, except that in the case of uncertainty the zoning authority shall determine the rear line.
Lot line–side:
Any lot boundary 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 side street line.
Lot width:
The mean horizontal distance between side lines measured at right angles to the depth of the lot.
Manufactured home:
A factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on-site, contains three hundred twenty or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
Manufactured home estates:
A subdivision of land devoted exclusively to occupancy by manufactured homes in which the individual lots are sold off to the manufactured home owner.
Manufactured home park:
Any plot of ground upon which two or more mobile homes and/or manufactured homes and/or modular homes occupied as a dwelling and residence are located, regardless of whether or not a charge is made for such accommodations. A manufactured home park has a system of utilities, including water supply, sanitary sewers, power, and telephone.
Marijuana Facility:
A medical marijuana facility or a comprehensive facility as that term is defined by Section 2, Article XIV of the Missouri State Constitution.
Marijuana Microbusiness Facility:
A facility licensed by the State of Missouri Department of Health and Senior Services as a microbusiness dispensary facility or microbusiness wholesale facility.
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 seed thereof and resin extracted from the marijuana plant and marijuana-infused products. Marijuana does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
Marijuana Testing Facility:
A facility certified by the State of Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana, including those originally licenses 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.
Master city plan:
The comprehensive plan made and adopted by the board of aldermen and planning and zoning board indicating the general locations recommended for the major thoroughfares, streets, parks, public buildings, zoning districts, and other public improvements, population, and building intensity standards and restrictions and the application of same; public facilities of all types whether publicly or privately owned which relate to the transportation of persons or good[s], public improvements programming based upon a determination of relative urgency; the major sources and expenditure of public revenue including long-range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private; utilization and conservation of natural resources, and any other element deemed necessary to the proper development or redevelopment of the area.
Medical Marijuana Cultivation Facility:
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or 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 State of Missouri Department of Health and Senior Services 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 to a Qualifying Patient, a Primary Caregiver, anywhere on the licensed property or any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal position of marijuana, another licensed dispensary facility, a licensed Testing Facility, a medical marijuana cultivation facility, or a licensed 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 productions 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 State of Missouri Department of Health and Senior Services to acquire, process, package store on site or off site, manufacture, transport to or from, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Marijuana Testing Facility, a Medical Marijuana Cultivation Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.
Medical Marijuana Use:
A "Medical Marijuana Cultivation Facility," a "Medical Marijuana Dispensary Facility," a "Medical Marijuana Infused Products Manufacturing Facility," and a "Marijuana Testing Facility" as defined in Chapter 14 Section IV.
Microbusiness Dispensary Facility.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on site and 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 provide for in this section to a consumer, qualifying patient, as that term is used in Section 1 of Article XIV of the Missouri State Constitution, or primary caregiver, as defined in said Section 1, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of said Article 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 vial the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
Microbusiness Wholesale Facility:
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to 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.
Modular unit:
Means a 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 residential, commercial, educational, or industrial purposes.
Motel:
A motorist’s hotel having the following characteristics: (a) complete furnishings and bath facilities in each unit; (b) available service as normally provided by hotels; (c) no cooking facilities in transients’ units; (d) at least one parking space provided in adjacent private roadways or courts for each guest room with either direct or convenient access from parking space to guest room. The provision for restaurant facilities appurtenant to motels is optional.
Nonconforming use–building or yard:
A use, building, or yard which does not, by reason or [of] design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to the passage of this ordinance and an illegal nonconforming use if established after the passage of this ordinance and not otherwise approved as provided herein.
Planning and zoning board:
Board also known as the planning and zoning commission established by separate ordinance for the purpose of promulgating orderly planning and zoning of the City of Garden City.[1]
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.
Qualifying Patient:
A Missouri resident diagnosed with at least one qualifying medical Condition.
Recreational vehicle:
A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than three hundred twenty square feet, including built-in equipment (such as wardrobes, closets, kitchen units or fixtures, and bath and toilet rooms).
School:
Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
Stable–private:
An accessory building for the keeping of ponies, horses, or mules owned by occupants of the premises and not kept for remuneration, hire, or sale.
Stable–public:
A stable other than a private or riding stable as defined herein.
Stable–riding:
A structure in which horses or ponies used exclusively for pleasure riding or driving are housed, boarded, or kept for hire, including riding tack.
Story:
That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the next highest floor thereof. A top-story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in “Height of buildings” in this section.
Street:
A thoroughfare which affords principal means of access to property abutting thereon. A street includes the public right-of-way as distinct from the roadway, which includes only the traffic surface.
Street line:
The dividing line between the street and the abutting property.
Structural alterations:
Any alteration or addition to the supporting members of a building, such as bearing walls, columns, beam[s], or girders.
Structure:
Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including, but not limited to advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
Then existing:
Any school, day nursery, or church with a written building permit from the city to be constructed, or under construction, or completed and in use at the time the Marijuana Dispensary first applies for either zoning or a building permit, whichever comes first.
Variance:
A modification or variation of the provisions of this ordinance, as applied to a specific piece of property, as distinct from rezoning.
Yard:
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the last [least] horizontal distance between the lot line and the main building shall be used.
Yard–front:
A yard across the full width of the lot extending from the front lines of the main building to the front line of the lot.
Yard–rear:
A yard between the rear lot line and the rear line of the main building and the side lot lines.
Yard–side:
A yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof.
Editor’s note–The definition of “zoning commission” was changed to be consistent with the city’s current terminology for this commission.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 1, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
[1]
Editor’s note–The definition of “zoning commission” was changed to be consistent with the city’s current terminology for this board.