In the interpretation of this Ordinance, the following words and terms are to be used and interpreted as defined in this Section 31-3. Additionally, definitions are provided in other sections of this Ordinance that are tailored specifically for that section. In the event that a specific definition is not provided in this Ordinance, the Director of Community Development shall reference the most current edition of the American Planning Association's, "A Planner's Dictionary," to define the term in question.

Accessory Building: A subordinate building, located on the same lot as a primary building, or a portion of the primary building, with a use of which is clearly incidental to and customarily found in connection with the principal building or principal use of the land.

Accessory Dwelling Unit: A subordinate building, that is residential in nature, located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. The unit contains a separate entrance, kitchen, sleeping area, full bathroom, and shares no internal connections to the primary residence. [See Section 31-4(F)]

Accessory Use: A use that is clearly incidental to and customarily found in connection with the principal permitted use of the premises and that is located on the same lot as the principal use.

Adult Entertainment Establishments: See Chapter 2A of the Grandview Code of Laws entitled, "Adult Oriented Establishment."

Alley: A public or private right-of-way that affords a secondary means of access to abutting properties, not to be considered a street.

All-Terrain Vehicles: For the purposes of this Ordinance, the term "all-terrain vehicle" shall include all three-wheeled and four-wheeled vehicles designed primarily for use over terrain other than paved streets or surfaces.

Alteration: Alteration, as applied to a building or structure, is a change or re-arrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another shall be considered an alteration.

Amendment: A change in the wording, context, or substance of this Ordinance, or a change in the zone boundaries upon the zoning map, which map is a part of this Ordinance, when adopted by ordinance by the Board of Aldermen in the manner prescribed by law.

Amusement Center: A facility providing three (3) or more coin or token-activated machines or devices for use by patrons as games of skill or entertainment.

Area, Project

Gross Project Area: Total Project Area.

Net project area: Total project area less land allocated to public street right-of-way, private streets, parking areas, and any land allocated to specified non-project uses such as schools, churches, and public or private open space when determining the "net residential project area" to be used as a basis for calculating the number of permitted dwelling units for a Planned Development.

Automated Bank Teller: A machine or device for the dispensing and collecting of money and/or to provide other banking activities to a customer without an attendant; automated teller machine or ATM.

Baby Sitting: A residential accessory use permitted as a home occupation providing temporary supplement parental care for non-related children where such care is provided within a dwelling unit by the permanent resident thereof: the number of such children shall not exceed that which is permitted by and licensed by the Missouri Department of Social Services, Division of Family Services.

Basement: Any floor level below the first story in a building, except that a floor level in the building having only one floor level shall be classified as a basement unless such floor level qualifies as first story.

Bed and Breakfast Establishment: Any place of lodging that provides 4 or fewer rooms for rent for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Beer Hall: An accessory use to a brewery or micro-brewery that is housed within the same building or on the same lot as the brewery it is supported by for the purposes of beer tastings and other private events.

Bicycle Facilities: Typically consisting of bicycle racks or long-term storage lockers, but also includes way finding maps and signs, multi-use paths and roadways.

Bioswale: A designed depression, typically found adjacent to or within the right-of-way, between the street pavement and sidewalk, that collects, holds, and filters runoff. Bioswales are commonly landscaped with rock and vegetation that slows and absorbs water.

Block: The property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river, or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Brewery: An industrial use that brews variations of beer on site and produces more than 15,000 barrels annually.

Brewpub: A restaurant that brews its own beer, but of quantity less than that of a brewery and serves it by the glass or in pre-packaged containers.

Building: Any roof-covered structure used or intended for supporting or sheltering any use or occupancy.

Building Height: The vertical distance from the average existing grade measured at the front wall of the building to the highest point of the underside of the ceiling beams for a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

Building Line: See Setback.

Bulk Regulations: An indication of maximum size and minimum setbacks of buildings and their location with respect to one another, including minimum and maximum area, minimum and maximum lot frontage, maximum coverage, minimum front, side, and rear yard, and maximum building height.

Business Services: Laundries, dry cleaners, custodian/janitorial services, floor waxing services, linen suppliers, diaper services, lighting maintenance service, carpet and upholstery cleaning, news syndicates, equipment rental/leasing, photofinishing laboratories, trading stamp service, commercial testing laboratories, auctioneering service, automobile shows, bottle exchanges, fire extinguisher service, invalid supplies rental, packaging/labeling service, sign painting/lettering service, swimming pool cleaning/maintenance, water softening service, parking lot maintenance service, snow removal service, pet grooming, advertising agencies, outdoor advertising services, shopping news advertising, blueprinting service, photocopying service/duplicating/mimeographing, commercial photography, arts and graphics, window-cleaning service, disinfecting and exterminating services, building-cleaning service, office-cleaning service, chimney-cleaning service, and similar services not listed.

Car Wash, Full Service: A building or section thereof containing facilities for washing motor vehicles, using production line methods or mechanical devices and does not include customer self services outside of free vacuums.

Car Wash, Self Service: A building or section thereof containing facilities for washing motor vehicles by providing spaces, water hand-held equipment for washing of motor vehicles by the customer.

Certificate of Occupancy: A certificate issued upon completion of construction, alteration, or change in occupancy or use of a building or land. Said certificate shall acknowledge compliance with all the requirements of this Ordinance and all other regulations of the City.

Certificate of Occupancy, Temporary: The City Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid.

Charitable/Welfare Institution: Institutions dedicated to providing services, goods, and/or financial assistance to needy persons. Such institutions may be public or quasi-public.

Check Cashing Establishment: An establishment engaging primarily in the business of cashing checks, warrants, drafts, money orders, or other negotiable instruments or commercial paper for a fee. The classification does not include a state and federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include Section 500 Companies as defined herein or those establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.

Child Day-Care Center: A child day-care center, whether known or incorporated under another title or name, is a child-care program licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child-care provider for any part of the twenty-four (24)-hour day.

Church: A permanent building, either rented, owned, or leased space within a permanent building, primarily and regularly used as a place of religious worship and associated religious functions (education, fellowship, etc.).

Clinic, Medical: Any building designed for use by one or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental disease or ailments of human beings including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, and in which no patients are lodged overnight, but which may include an apothecary or pharmacy.

Coffee House: A small casual restaurant that primarily serves coffee, tea, and other beverages. Light menu items offering food may be sold.

Commission: Shall mean the Planning, Zoning, or Historic Preservation Commission of the City of Grandview, Missouri.

Community Garden: A communal ground either publicly or privately owned for the purpose of gardening fruits, flowers, vegetables, or ornamental plants.

Community Service Organization: A non-profit voluntary association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or premises, or portion thereof, the use of such building management of such private club is conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises provided that adequate dinning-room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal and State Laws and Municipal Ordinances.

Conditional Use: A "conditional use" means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this Ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.

Consumer Credit Loan Business: An establishment as defined and regulated beginning with section 367.100 of the Revised Missouri Statutes as promulgated and as may be amended or modified from time to time. Consumer Credit Loan Business also includes an establishment engaged in making loans in exchange for a security agreement, a lien on personal property or by the assignment of wages, salary, or other compensation. This classification does not include Title Loan Businesses as defined herein.

Contractor's Shop: An enclosed space or building that houses the contracting business service plus any related equipment, materials, or products available for purchase, either as wholesale or retail.

Contractor's Storage Yard: An outdoor area used primarily for the keeping of raw materials, or light and/or heavy equipment and vehicles, or products, supplies, or merchandise used in the contractor's construction business and related contractor's activities.

Convenience Store: A small store serving persons in adjacent areas and limited to the sale of limited grocery items, magazines, newspapers, and other limited items where gasoline sales may or may not be permitted in accordance with the zoning district in which it is located. A convenience store shall, under no circumstances, be construed so as to allow the location of an indoor or outdoor restaurant where the consumption of food products in the premises is encouraged.

Day-Care Center or Nursery School: A commercial establishment regularly providing temporary supplemental parental care or educational instruction as licensed by the Missouri Department of Health.

Deck: A flat-floored roofless structure.

Deck, Roofed: A flat-floored roofed structure.

Deck, Detached: A flat-floored structure, either roofed or roofless, that is detached from a principal structure.

Demolition Debris Landfill: A place where debris resulting from the demolition of a building or excavation of a construction site is allowed to be dumped by issuance of a Temporary Use Permit.

Density: The number of dwelling units developed on an acre of land. As used in this Ordinance, all densities are stated in dwelling units per net acre devoted to residential use, exclusive of public-owned land in streets, alleys, parks, playgrounds, school yards, or other public lands and open spaces.

Department Store: Any retail store offering multiple lines or categories of merchandise.

Display Lot/Area, Outdoor: An area set aside as an accessory use for the exhibit of merchandise that is for sale on the premises. Merchandise exhibited outside must be permanently anchored in the ground or brought into an enclosed area at the close of the business day. Such merchandise exhibited outside may not include any items defined as a vehicle within this section. Further, merchandise display areas may not be located on any public right-of-way and must meet all requirements of the zoning district in which it is located.

Distillery: An industrial use that distills variations of spirits on site.

Dwelling: A building or part of a building that contains a living, sleeping, and sanitization facilities for occupancy of one or more families. This definition excludes all other forms of living quarters that cannot be permanently attached to a foundation, meeting the currently adopted International Building Code.

Dwelling, Single-Family: A building designed exclusively to contain one (1) dwelling unit. The definition shall include townhouses, each as a separate dwelling unit and classified as single-family attached dwellings.

Dwelling, Two-Family: A building designed exclusively to contain two (2) dwelling units, commonly called a duplex.

Dwelling, Multiple-Family: A building designed exclusively to contain three (3) or more dwelling units, but not including townhouses. These buildings are typically called a triplex, fourplex, or apartments.

Easement: The conveyance of a right-of-use of property for a specific purpose by a property owner to the public, a corporation, a person, or any other entity.

Erosion Hazard Area: Any area so designated on the Official Zoning Map that is prone to or has a history of moderate to severe erosion and is, or potentially is, a threat to adjoining properties.

Family: Any number of people occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage or formal adoption plus not more than two (2) additional people not so related; or not more than three (3) unrelated people living together in one single dwelling unit; or not more than six (6) foster children plus two (2) additional persons acting as foster parents and any number of other persons related by blood, marriage or formal adoption to one or both of the foster parents. The foster home must be licensed by the Missouri Division of Family Services or the Missouri Department of Mental Health. The number of family members cannot exceed the floor area occupancy limits contained in Article VIII, Chapter 6, of the Grandview Code of Laws.

Fence: A structure bounding an area of land and designed either to limit access to the area or to screen such area from view or both, including hedges or walls. For the purposes of screening outdoor storage areas, a fence shall be defined as being constructed of wood, metal, masonry, or similar materials. The screen fence shall provide 100% opacity over the entire screen surface at a minimum height of six (6) feet above the grade of the land on which the fence is erected.

Flammable or Explosive Materials: Any substance that decomposes through detonation or that burns intensively. In addition, any substance that is considered an "explosive" or a "flammable liquid," as defined in the Grandview Fire Code, shall be considered "flammable or explosive material."

Flea Market: An establishment consisting of one or more sellers that offer general merchandise for sale that is new or used, typically as a resale of these products to customers. Such merchandise includes, but is not limited to, housewares, clothing, furniture, toys and electronics. An auction house or consignment store shall also be considered a flea market for the application of these regulations. A flea market may have one or more sellers of merchandise. A flea market shall not sell new or used motor vehicles including, but not limited to, automobiles, trucks, vans, motorcycles, scooters, or mopeds. A pawn shop shall not be considered a flea market. Farmers' markets consisting of predominantly produce, but which may include other products for sale, shall not be considered a flea market.

Floodway (FW): The channel of a river or other watercourse and the adjacent portion of the floodplain that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot at any point. The floodway boundaries shall be determined by the Federal Emergency Management Agency and as described in Chapter 11-A of the Grandview Code of Laws, entitled, "Flood Damage Prevention."

Food Hall: A collection of food and or drink establishments typically housed inside a single structure in a cafeteria format with communal seating. The owner of the food hall typically leases space for individual restaurants or other similar businesses from which to serve.

Foster Children: Foster children are children being provided foster care and are unrelated to either the foster parent or guardian by blood, marriage or adoption. The foster home in which the foster children live must be licensed by the Missouri Department of Family Services or the Missouri Department of Mental Health.

Frontage: The distance a property abuts on a street measured along the street right-of-way line.

Fulfillment Center: A facility that typically is used by multiple sellers to hold products prior to being shipped to customers.

Garage, Residential: An accessory structure to a dwelling or collection of dwellings in which cars are parked or stored, but not solely used for the storage of personal items or materials. For the purposes of this Ordinance, garages include carports.

Garden, Commercial: A plot of ground where fruit, herbs, flowers, vegetables, or other plants are grown and intended for sale on the premises.

Garden, Community: A communal plot of ground either publicly or privately owned for the purposes of gardening fruits, vegetables, flowers, or ornamental plants.

Garden, Non-Commercial: A plot of ground where fruit, herbs, flowers, vegetables or other plants are grown and for which the owner or operator derives no compensation on the site.

Gas Station: Building and premises where gasoline, oil and minor auto accessories may be supplied and dispensed at retail. A gas station is not a service station. For other services in addition to the sales of gasoline, see "Service Station."

General Offices: Professional offices such as: accounting, bookkeeping, advertising, architecture, engineering, planning, surveying, counseling, court reporting services, data processing or computer services, etc. Generally speaking, these uses could be considered light in intensity and not be incompatible when adjacent to other zoning districts such as residential.

Greenhouse, Commercial: A building constructed primarily of glass or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables, or other plants intended for sale on the premises.

Greenhouse, Non-Commercial: A building constructed primarily of glass or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables, or other plants, but not for sale on the premises.

Group Homes/Transitional Living Facility: Any living quarter(s) that provides responsibility seven days a week for room, board, and supervision of developmentally disabled people with the exception of: (a) single-family homes providing services to a relative; (b) nursing homes or boarding homes; and (c) independent living (apartment) programs that have no staff residing in the same facility. See section 31-27(C) of this Ordinance.

Halfway House: A residence designed to assist persons, especially those leaving correctional institutions, to reenter society and learn to adapt to independent living. Halfway houses aim to assist in community transition, and may provide vocational training, counseling, and other services. They can also be used for people in addiction recovery as a means to adapt to sober living. A halfway house is also known as a sober living homes, community residential facility, residential reentry centers or Group Home-Transitional Living Center.

Hazardous Materials: Such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, unstable materials, hyper-golic materials, and pyrophoric materials, as defined in the Grandview Fire Code and any substance or mixture of substances that is an irritant, a strong sensitizer or that generates pressure through exposure to heat, decomposition or other means.

Home Occupation: Any occupation or profession conducted entirely within a dwelling unit by the inhabitants thereof, which is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the residential character thereof.

Hospice: A freestanding building serving as a medical and residential facility for terminally ill people, providing in-patient services and support services for families of the residents and patients.

Hospital: An institution providing medical or surgical care on an in-patient or out-patient basis. Such institution may include the sale of drugs on the premises, ambulance and emergency services, and medical offices for health practitioners.

Hotel: A public lodging facility containing six (6) or more guest rooms designed for occupancy for sleeping purposes by guests on a compensation basis and usually serving meals and providing other services.

Housing for Elderly and Persons with Disabilities: A dwelling designed, maintained, and operated for the exclusive occupancy by elderly and persons with disabilities who constitute an elderly family as defined by the regulations of the United States Department of Housing and Urban Development and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations.

Impervious Surface: A material that is non-porous such as a roof.

Independent Living Program: Any living quarter(s) that provides responsibility for a room, board, and supervision seven (7) days a week of developmentally disabled people. These programs may not have staff that reside on the premises, instead multiple staff may work shifts to supervise and assist the residents of the living quarters.

Infill Development: Development or redevelopment of an existing lot within an established subdivision that is already served by public utilities and infrastructure. This type of development is more desirable than further outward sprawl as the system to serve the property is already in place. This requires little to no additional expenditures for capital improvements.

Intensification of Use: An intensification of a use shall be any change, alteration, extension, expansion, or enlargement of a use, or use and structure in combination.

Intermediate Care Facility: As defined in RSMo Section 198.006(14), any premises, other than a residential care facility, assisted living facility, or skilled nursing facility, which is utilized by its owner, operator, or manager to provide twenty-four-hour accommodation, board, personal care, and basic health and nursing-care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to three or more residents dependent for care and supervision and who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility.

Kennel: The keeping of more than four (4) dogs or cats or combination thereof, each of which is over the age of four (4) months.

Laundromat: A business premises providing for the self-service washing, drying, and cleaning of clothes or linens by retail customers.

Livestock: Shall include, but is not limited to hogs, horses, mules, donkeys, cattle, goats, or sheep.

Loading Space: A paved space (asphalt or concrete) within the main building or on the same lot, providing for the loading or unloading of trucks.

Lodging/Rooming House: Any building or portion thereof containing not more than five (5) guest rooms where rent is paid in money, goods, labor, or otherwise.

Lot: A parcel of land occupied or to be occupied by a building and its accessory buildings or by residential, business, or industrial group and accessory buildings, together with such open spaces as required under the provisions of this Ordinance and having not less than the minimum area required by this Ordinance and for a lot in the district in which it is located and having its principal frontage upon a public street.

Lot Coverage: That portion of a lot covered by principal and accessory uses and/or buildings expressed as a percentage of a lot area.

Lot Depth: The average horizontal distance from the front street line to the rear property line.

Lot Frontage: The distance that a lot adjoins a street as measured along the adjoining street right-of-way line.

Lot Line: The legal, platted boundary of a lot or parcel of land.

Lot of Record: A City-approved lot or tract that has been recorded in the office of the Jackson County Recorder of Deeds; a lot or parcel described by meets and bounds, the description of which has been so recorded without City approval prior to January 1, 1978 and with City approval after January 1, 1978; or lot upon which the City has issued a building permit.

Lot Types:

1)

Corner Lot: A lot located adjoining the intersection of two or more streets.

2)

Flag Lot: A lot situated at the end of a cul-de-sac or which, because of special circumstances, has less than the required frontage abutting a street and is accessible only by a drive, but which otherwise conforms to the definition of a lot.

3)

Interior Lot: A lot, other than a corner lot, with only one frontage on a street.

4)

Parent Lot: A lot in a developed residential subdivision that already contains a principal structure or building and is of a large enough size to be subdivided into smaller lots, but in doing so, and because the dimensions and location of the existing structures or buildings are of size that make the street frontage wider than the maximum lot width allowed, cause the lot to not meet the bulk regulation for lot width maximum. In this scenario, the Parent Lot is still considered in compliance with this Ordinance since the goal is to allow an increase in density to occur within existing subdivisions through infill development. See Section 31-09(F)(3)

5)

Through Lot: A lot, other than a corner lot, with frontage on more than one street.

6)

Zoning Lot: A zoning lot is a parcel of land of at least sufficient size to meet minimum or maximum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an improved public street, or an approved private street, and may consist of:

(a)

A single lot of record;

(b)

A portion of a lot of record;

(c)

A combination of complete lots of record, of complete lots of record and portions of lots of record;

(d)

A parcel of land described by metes and bounds and recognized by the City of Grandview as a lot of record; provided that in no case of division or combination shall any residual lot or parcel be created that does not meet the requirements of this Ordinance.

Machine Shop: A work shop, including tool and die shops, that turns, shapes, planes, mills, or otherwise reduces or finishes by machine-operated tools.

Manufactured Home: A factory built single-family structure that is manufactured or constructed under the authority of 42 U.S.C. Section 5403, Federal Manufactured Home Construction and Safety Standards, and is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. A manufactured home may be located in any residential district provided it conforms with all the standards contained in that section.

Manufacturer: An industrial facility that processes materials, raw or extracted, for the purposes of transforming those materials into products.

Medical Marijuana: See section 31-27(K) for the definition and other related terms.

Microbrewery: An industrial use that brews variations of beer on site and produces less than 15,000 barrels annually.

Mixed-Use: Built in a compact form, this definition consists of a tract of land or building with two or more different uses, such as but not limited to residential, office, retail, public, or entertainment.

Mixed-Use Building: A building containing dwelling units above the first floor of a commercial use or uses.

Modular Structure: A manufactured residential structure built to a nationally-recognized and accepted construction standard published by the International Code Council and its subsidiaries and the unit is inspected and certified at the factory that it meets said standard. A modular home shall have exterior structure materials and appearance similar to the customary single-family structures, as required of a manufactured home - residential design (See Section 31-9).

Motel: A public lodging facility containing six (6) or more guest rooms designed for occupancy for sleeping purposes by guests on a compensation basis.

Motor Freight Terminal: A building or area in which freight brought by motor truck is received, assembled, or stored and dispatched for routing by motor truck, which may include motor truck storage.

Neighborhood: A particular community, district, or area that is delineated by demographic, fixed physical and/or natural topographic features that give it a distinctive sense of place. A neighborhood can be residential, commercial, industrial, or a combination of any or all of these land uses.

Neighborhood Commercial Node: An area within or near residential neighborhoods that consists of small-scale commercial businesses tailored to serve the immediate community. Nodes are located at intersections consisting of at least one collector road. The development form emphasizes pedestrian oriented and often mixed-use buildings, excludes any drive-thru services and is visually integrated into the surrounding neighborhood context and pattern.

Non-Conforming Use, Building or Yard: A use, building or yard existing legally at the time of the passage of this Ordinance or any amendment thereto that does not, by reason of design, use or dimensions, conform to the regulations contained in this Ordinance for the district in which it is situated [See Section 31-27(A)].

Nuisances: The following acts, manners, etc. are declared to be nuisances: Substances emitting noxious odors; animal carcasses; hides; slaughterhouses in offensive condition; establishments emitting noxious odors; liquid refuse; vegetables emitting noxious odor; matters causing injury, inconvenience or annoyance to the public; acts of injuring, annoying or inconveniencing the public; advertising devices over streets; and trash, junk, etc. on streets, lots, etc.; dangerous buildings; litter; damaged, disabled, etc. vehicles or junk; rank weeds, thickets and noxious plants; and violation of parking and storage of vehicles in residential districts.

Nursery, Commercial: An area where plants (as trees and shrubs) are grown for transplanting, for use as stocks for budding and grafting, or for sale.

Nursing Facility, Skilled: As defined in RSMo Section 198.006(23), any premises, other than a residential care facility, an assisted living facility, or an intermediate care facility, which is utilized by its owner, operator or manager to provide for twenty-four-hour accommodation, board and skilled-nursing care and treatment services to at least three residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility. Skilled-nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four-hours-a-day care by licensed nursing personnel including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist, and other nursing functions requiring substantial specialized judgment and skill.

Nursing or Convalescent Home: An establishment providing full-time housing and care for the aged or physically infirm and not involving surgery, obstetrical services, or other major medical services more commonly provided in hospitals or clinics. Such establishment may involve usual convalescent or chronic care including bedside nursing care, administration of medicines, or special diets, application of bandages or dressings, and similar procedures.

Office, General: A business establishment, or portion thereof, where consulting, record keeping, bookkeeping and clerical work are performed, but not limited to include medical offices or clinics.

Office, Medical: A business establishment of physicians, dentists, and other health practitioners furnishing medical services to individuals, and lawfully established for medical and dental consultation with minor lab services on an out-patient basis.

Open Space: That part of a lot not devoted to buildings, structures, parking or loading areas, driveways or any principal or accessory uses.

Open Space, Usable: An area of land, water, or combination of land and water that may include complementary structures and improvements within the site, excluding space devoted to parking, designed and intended for common use and enjoyment.

Outdoor Dining: A temporary use to a restaurant, coffee house or similar natured businesses in commercial zoning districts in which the principal establishment provides service to. This use requires submitting a diagram of the seating arrangement for approval from the City Planner. Public access to pedestrian and vehicular thoroughfares must not be obstructed at anytime.

Overlay District: An identified geographic area that imposes additional building and site development criteria beyond that of the base zoning district of that the overlay includes.

Packaged Liquor Sales: The sale of at least one (1) container of any intoxicating liquor. For further information, reference chapter three (3) of the Grandview Code of Laws.

Parking Space, Off-Street: A permanently surfaced dust-free area (concrete, asphaltic concrete, or an engineered concrete paver block system) enclosed or unenclosed, to store an automobile, to which an automobile has direct access from a permanently surfaced driveway. Approved materials include non-porous and porous variations.

Pawn Shop: An establishment as defined and regulated under Chapter 13-1 of the Grandview Code of Laws of the City of Grandview and Chapter 367 of the Revised Missouri Statutes as promulgated and as may be amended or modified from time to time. Pawn Shop also includes an establishment engaged in the buying or selling of new or secondhand merchandise and in the business of offering loans to clients collateralized by personal property.

Pedestrian Facilities: Typically found on public, grounds, or common spaces and consisting of, but not limited to sidewalks, crosswalks, trash cans, way finding and signage, pedestrian lighting, benches and public open spaces for gathering.

Personal Services: Dating service, debt counseling to individuals, escort service, genealogical investigation service, marriage counseling, shopping service, tax return preparation service, consumer credit reporting agencies, adjustment and collection agencies, address list compilers, addressing service, mailing list compilers, mailing service, court-reporting service, letter-writing service, public stenographers, stenographic service, typing service, employment agencies, temporary help supply service, management, consulting and public relations service, detective agencies and protective services, business brokers, interior-decorating service, messenger service, notary publics, repossession service, tax collection agencies, telephone-solicitation service, clothing/costume rental, dressmaking service/seamstress, quilting for individuals, reducing salons/weight control clinics, and similar services not listed.

Pervious Surface: A material that is porous and allows precipitation to infiltrate into the earth.

Planned Development: A development two (2) acres in size or smaller characterized by a Preliminary Development Plan, which often provides a mixture of residential and commercial uses, including recreation and open space. These developments consist primarily of mixed-use buildings, and is in accordance with the provisions of this Ordinance. See Section 31-21.

Planned District: A district larger than two (2) acres in size with single or multiple developments, characterized by a Conceptual Development Plan, which often provides a mixture of residential and commercial uses, including recreation and open space. Developments within these districts consist primarily of mixed-use buildings, and is in accordance with the provisions of this Ordinance. See Section 31-21.

Premises: A lot, together with all improvements thereon.

Principal Permitted Use: A main or predominant use maintained on a lot or premises. In some districts, maintenance of more than one (1) principal permitted use on a lot or premises may be permitted.

Recreation, Indoor: A facility for relaxation, diversion, amusement or entertainment in which participants or customers are charged for use of the facilities, devices or equipment. All such activity shall occur within the building or structure.

Recreation, Outdoor: A facility for relaxation, diversion, amusement or entertainment in which participants or customers are charged for use of the facilities, devices or equipment. All such activity shall occur on the exterior, but within the property of the facility.

Recreational Vehicles: Any units designed for living or sleeping purposes, permanently equipped with wheels or permanently placed upon a wheel device for the purpose of transporting from place to place. This shall include, but is not limited to camping trailers, campers, tent trailers, motor homes, and tent campers.

Recycling Collection Point: An accessory use or structure that serves as a drop-off point for recyclable materials. The temporary storage of such items is permitted, but no processing is allowed.

Recyclable Materials: Recyclable materials are "feedstock" used for direct conversion to manufactured products. Materials permitted to be collected at recycling collection points are materials such as cans, bottles, plastic, paper, and newsprint. Materials not permitted are garbage or other putrescent substances. Tires, oil, and batteries are approved recyclable materials only if the products are related to the principal permitted use of the site zoning such as an automobile service station or auto body or repair shop.

Residential Care Agency Facility for Children: As defined and regulated in RSMo Sections 210.481 through 210.566, a facility providing twenty-four hour care in a group setting to children who are unrelated to the person operating the facility and who are unattended by a parent or guardian.

Residential Care Facility: As defined in RSMo Section 198.006(22), any premises, other than an assisted living facility, intermediate-care facility, or skilled-nursing facility, which is utilized by its owner, operator or manager to provide twenty-four-hour care to three or more residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility and who need or are provided with shelter, board, and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation, except that, for purposes of receiving supplemental welfare assistance payments under section 208.030, only any residential care facility licensed as a residential care facility (II) immediately prior to August 28, 2006, and that continues to meet such licensure requirements for a residential-care facility (II) licensed immediately prior to August 28, 2006, shall continue to receive after August 28, 2006, the payment amount allocated immediately prior to August 28, 2006, for a residential care facility (II) under section 208.030;

Residential or Outpatient Facilities for the Treatment of Alcohol and Drug Abuse: A facility used for the treatment of substance abuse. Such facility may include the treatment of patients who are parolees or persons convicted of alcohol or drug offenses. Such a facility is also known as a halfway house, sober living home, community residential facility, residential reentry facility or Group Home-Transitional Living Center.

Restaurant, Carry Out: Any business establishment or portion thereof designed and constructed to have the food consumed away from the restaurant.

Restaurant, Drive-In: Any business establishment or portion thereof designed and constructed where some or all of the food is consumed on the restaurant premises but outside the restaurant structure, usually within a motor vehicle parked on the restaurant premises.

Restaurant, Sit Down: Any business establishment or portion thereof designed and constructed for the consumption of food solely within the building.

Retail Sales: The sale of merchandise for direct consumption or use by the purchaser as an ultimate consumer.

Reverse Vending Machine: Reverse vending machines are mechanical devices that accept one or more types of empty beverage containers and issue a cash refund or redeemable coupon.

Right-of-Way: The land opened, reserved, or dedicated for a street, sewer, water line, walk, drainage course or other public purpose.

Sales Lot/Area, Outdoor: An area utilized as a principal use for the display of merchandise that is for sale. Such lot shall be paved (asphalt or concrete) and shall not be located within the required yard areas for the zoning district in which it is located. Areas utilized as a sales area or lot may not interfere with the required off-street parking and such area must meet all requirements of the zoning district in which it is located. This definition shall include vehicle sales lot or areas.

Salvage Yard or Junk Yard: An outdoor fenced area used primarily for the collection, storage and/or sale of waste paper, scrap metal, or discarded machinery or vehicles that are not in operating condition and/or for the sale of parts therefrom. Salvage yards or junk yards must meet the same requirements of an outdoor storage lot/area as defined in this section and must meet all requirements of the zoning district in which it is located to include screening requirements.

School: Any public elementary or secondary school as defined in RSMo Section 160.011, or any private school giving instruction in a grade or grades not higher than the twelfth grade, but does not include any private school in which education is primarily conducted in private homes.

Section 500 Company: An establishment as defined and regulated under §408.500 et seq. of the Revised Missouri Statutes and Title 4, Chapter 11 of the Missouri Code of State Regulations as promulgated and as may be amended or modified from time to time. Section 500 Company also includes an establishment making unsecured loans of $500 or less to customers by accepting post-dated checks for the amount of the loans and fees on a short-term basis. This classification does not include Check Cashing Establishment as defined herein.

Service Stations: Any premises providing motor fuels, tires, accessories, lubricants and maintenance repair services at retail direct to the motorist consumer. Service stations shall not include major automotive repair such as tire recapping, body work, frame straightening, welding, painting or storage of non-operable vehicles.

Setback: The minimum required horizontal distance between a property line and the nearest portion of a structure that is not specifically excluded from compliance with established setbacks as noted in Section 31-5(J).

Shopping Center, Neighborhood: A group of commercial establishments with off-street parking on the property that are planned and developed as an architectural unit, with a primary trade area of the neighborhood(s) in which it is located.

Shopping Center, Regional: A group of commercial establishments with off-street parking on the property that are planned and developed as an architectural unit, a centrally managed facility requiring a highway or arterial location for their most beneficial operation; the market area of which includes the metropolitan area.

Sign: See Section 31-26.

Sight Triangle: A triangular-shaped area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision below a height of three feet (3') above the grades at the back of the curb of the intersecting streets. The triangle will vary in dimensions based on the classification of the adjacent roadways. See section 31-5(P) for specifics on sight triangle dimensions.

Storage Lot/Area, Outdoor: An outdoor fenced area used primarily for the keeping of raw materials, equipment, products or merchandise that are a necessary part of the sales, manufacturing or other activity on the premises. Such areas may be gravel surfaced except that all vehicular use areas must be a paved surface as required by Section 31-24(G) of this Ordinance. Additionally, private driveways exiting directly from a public street that provides access to such storage lots/areas shall be permanently surfaced with either asphaltic concrete or Portland cement concrete. Further, storage lots/areas must meet all requirements of the zoning district in which it is located and must be screened as required. This definition shall not include the storage of inoperable vehicles.

Solid Waste Transfer Facility: A stationary facility that acts as the transfer point between solid waste collection vehicles and a landfill. Transport vehicles that collect municipal and construction and demolition waste deliver the materials to the transfer station where it is separated and prepared to be picked up and delivered to a landfill. Solid waste transfer facilities do not store waste for prolonged periods of time and transfers no hazardous materials.

Storage Building (Shed), Residential: An accessory structure or building or portion thereof for storage of materials exclusive of vehicles.

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above the usable or unused under-floor space is more than six feet (6') above grade as defined herein for more than 50 percent of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.

Story, First: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet (8') below the grade, as defined herein, at any point.

Street: A right-of-way dedicated to the public providing vehicular and pedestrian access to adjacent properties.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground. Structures include, but are not limited to, buildings, walls, fences, billboards, poster panels, above ground storage tanks, and similar uses. Excluded are public sidewalks, public pavement and public improvements such as utility poles, street light fixtures, and street signs.

Structural Alterations: Any changes in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration:

1)

Attachment of a new front where structural supports are not changed.

2)

Addition of fire escapes where structural supports are not changed.

3)

New windows where lintels and support walls are not materially changed.

4)

Repair or replacement of non-structural members.

Sustainable Development: Development that protects and restores the natural environment while enhancing economic opportunity and community well-being.

Tattoo and Body Piercing Studio: Any place where persons are tattooed or body pierced for consideration or where tattooing or body piercing is regularly conducted whether or not it is in exchange for compensation, but excepting licensed medical practitioners (see Chapter 27-B of the Grandview Code of Laws).

Tavern: An establishment in which the primary function is the consumption of alcoholic beverages on the premises, including establishments commonly known as cocktail lounges and night clubs.

Tasting Room: An accessory use to a distillery or brewery that is housed within the same building or grounds for the purpose of product tastings and other private events.

Temporary Use: See Section 31-5(E).

Terrace: A raised earthen embankment with the top leveled. A terrace may be supported by a retaining wall.

Title Loan Business: An establishment as defined and regulated under §367.500 et seq. of the Revised Missouri Statutes as promulgated and as may be amended or modified from time to time. Title Loan Business also includes an establishment engaged in the loaning of money in return for possession or legal right to the title of the client's automobile or other titled personal property.

Tow Lot: An outdoor fenced area utilized for the business operation of towing disabled or abandoned motor vehicles and temporary storage (90 days maximum) of said vehicles unless as directed by any other governmental agency of authority, and not including sale, rental, salvage, dismantling, or repair of vehicles. A tow lot shall be screened in accordance with this Ordinance. Surface of said area shall be gravel and said area shall meet all requirements of the zoning district in which it is located. For the purposes of this Ordinance, a tow service shall be considered as a tow lot.

Townhouses: Any series of two or more laterally attached single-family dwelling units in which each dwelling unit has separate access, utilities service and in which no dwelling unit is placed on top of another.

Transient Merchant: The words "transient merchant," as used herein, shall include, but shall not be limited to, any person who sells products or produce from a wagon, automobile, vehicle, railroad car, or truck.

Use: The purpose or activity for which land and/or the buildings thereon are designed, arranged, or intended or for which it is occupied or maintained.

Used Auto Sales and Service: The use of land primarily for the display or sale of used automobiles, trucks, or vans, including the service of vehicles.

Variance: A modification of the specific regulations of this Ordinance in accordance with the terms of Section 31-30 of this Ordinance.

Vehicle: A vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land, water or air, including, but not limited to, automobiles, trucks, boats, bicycles, motorcycles, snowmobile, airplanes, helicopters, trailers, campers, wagons, etc.

Warehouse: A facility that stores products or materials for the purpose of order fulfillment. A warehouse excludes manufacturing or production as a primary use, but can be an accessory use to a manufacturing or production facility.

Wholesale Establishment: A business establishment engaged in selling to retailers or distributors rather than to consumers.

Yard Area: A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

Yard Area, Required: A required open space that is unoccupied and unobstructed by any structure or portion thereof from the natural ground level to the sky, except as otherwise provided in this Ordinance, between the building setback line and the most parallel property line.

Yard, Front (Primary): The required yard extending between side lot lines across the front of a lot adjoining a street. In the case of corner lots and through lots, front yards shall be required at all frontages of the lot. The depth of required front yard(s) shall be measured at right angles to the front property line. The required front yard line shall be parallel to the front property line.

Yard, Front (Secondary): In the case of corner lots and through lots, front yards shall be required at all frontages of the lot. The front yard that is located on the "side" of the principal structure, but adjacent to the adjoining street, shall be considered the secondary front yard. The depth of required front yard(s) shall be measured at right angles to the front property line. The required front-yard line shall be parallel to the front property line.

Yard, Rear: The required yard extending across the rear of the lot between inner side-yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of required rear yards shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the rear property line.

Yard, Side: The yard extending from the required front yard setback line to the rear property line. In the case of through lots, side yards shall extend from the required front setback lines. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side property line.

Yard, Special: A required yard other than the required front yard so oriented that neither the terms "side yard" nor "rear yard" clearly apply. In such cases, the Director of Community Development shall determine, based on topography, location, orientation and pattern or adjacent structures and development, which yard requirement is more appropriate.

Zero Lot Line Dwelling Unit: A development approach in which a freestanding building is sited on one 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 areas are designed with no windows facing the zero lot line side and are internally oriented to an enclosed, private courtyard or patio.

Zones or Districts: Sections of the City for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land, and open space are herein established.

Zoning District Map: Known as the "official zoning district map," an integral part of this Ordinance. It is also referred to herein as a "zoning map," "official zoning map," and "district map."