[Ord. No. 303 §§1 — 2, 2-26-2001; Ord. No. 385 §1, 2-20-2003; Ord. No. 619 §2, 8-16-2010; Ord. No. 623 §1, 9-20-2010; Ord. No. 707 § 1, 10-19-2015; Ord. No. 709 § 1, 11-16-2015; Ord. No. 735 § 1, 12-19-2016; Ord. No. 743, 6-19-2017; Ord. No. 781; Ord. No. 792, 4-20-2020; Ord. No. 799, 10-19-2020; Ord. No. 813, 8-16-2021; Ord. No. 835, 10-17-2022; Ord. No. 843, 4-17-2023; Ord. No. 844, 4-17-2023; Ord. No. 843, 4-17-2023; Ord. No. 862, 6-17-2024]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
ABUTTo physically touch or border upon; to share a common property or lot line.
ACCESSA way or means of approach to provide physical entrance to a property.
ACCESSORY BUILDINGA subordinate building, the use of which is incidental to and customary in conjunction with the main building or use and which is located on the same lot as the main building or use.
ACCESSORY USEA subordinate use of a building or land which is:
1. Incidental to the main use,
2. Customarily in the City associated with the main use, and
3. Located on the same lot as the main building or use.
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. |
ADDITIONAn extension or increase in floor area or height of a structure.
ADJACENTHaving a common border or end point, or across a road, street, sidewalk, right-of-way or thoroughfare.
ADULT MEDIAMagazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
ADULT USESThe following words associated with adult entertainment or uses shall have these definitions:
1. Adult bookstore. An establishment that, as a regular and substantial business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". The derivations of, modifications of, or terms directly associated with adult bookstore shall maintain the following definitions.
2. Adult encounter parlor. An establishment that, as a regular and substantial portion of its business, provides premises where customers congregate, associate or consort with employees and/or performers or private contractors who display "specified anatomical areas" in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.
3. Adult entertainer. Any person who provides adult entertainment within an adult entertainment business as defined in this Article, whether or not a fee is charged or accepted for entertainment.
4. Adult entertainment. Any live exhibition, performance, display or dance of any type including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves a person who is nude or in such an attire, costume or clothing as to expose to view any "specified anatomical area".
5. Adult entertainment business. Any enterprise to which the public, patrons or members are invited or admitted, and where providing "adult entertainment", as defined herein, is a regular and substantial portion of its business.
6. Adult entertainment cabaret. An establishment that, as a regular and substantial portion of its business, is providing adult entertainment which features strippers, male or female impersonators, go-go dancers, live performances or material that is primarily characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
7. Adult entertainment studio. Includes the terms rap studio, exotic dance studio, sensitivity studio and/or encounter studio. An establishment whose premises is physically arranged to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to "specified sexual activities" or the exhibition of "specified anatomical areas".
8. Adult media outlet. An establishment that has as a regular and substantial business purpose the rental, sale or offering for viewing or other use off the premises of any film, motion picture, video cassette, slide, or photographic reproduction that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
9. Adult motel. An establishment that, as a regular and substantial portion of its business, is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas"; and rents room accommodations for less than six (6) hours at a time.
10. Adult motion picture theater. An establishment from which a screen or projection area can be viewed where a regular and substantial portion of its business is the exhibition to customers of films, videotapes or motion pictures that are intended to provide sexual stimulation or sexual gratification to the customers and that are distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
11. Adult newsrack. Any coin- or card-operated device that offers for sale by dispensing printed material that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
12. Adult newsstand. A freestanding structure, vehicle or booth that, as a regular and substantial business purpose, offers for sale, books, magazines, periodicals or other printed material that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
13. Adult retail establishments. An establishment that, as a regular and substantial business purpose, offers for sale or rent any one (1) or more of the following: lotions, dolls, instruments, devices, gifts, clothing or paraphernalia that are designed for use or packaged or displayed in such a way as to lead a reasonable person to believe that it is to be used in connection with "specified sexual activities"; lotions, dolls, instruments, devices, gifts, paraphernalia or clothing, the packaging of which graphically depicts "specified anatomical areas"; or any of the materials sold or rented in an adult bookstore as defined herein.
14. Adult theater. An establishment located in an enclosed building that, as a regular and substantial portion of its business, provides the live performance of activities relating to "specified sexual activities" or exhibition of "specified anatomical areas" for observation by customers and patrons.
ADULTAny person who has reached eighteen (18) years of age.
ALTERATIONAny addition, removal, extension or change in the location of any portion of a structure.
APPLICANTThe owner of land, or the owner's authorized agent, or any person authorized by this Chapter for which an approval in relation to this Chapter is sought.
AREA, BUILDABLEThe space remaining on a zoning lot after the minimum open space, setback and all other lot requirements have been satisfied.
ARTS AND CRAFTS STUDIOAn establishment or place of business primarily engaged in the production of works of art which may require mechanical equipment or individuals and assistants, including the sale to consumers of those works produced.
AUTOMOTIVE SERVICEAn establishment or place of business primarily engaged in automotive related sales or services. The following automotive use types shall be defined as follow:
1. Automotive body and paint center. An establishment or place of business with fifteen thousand (15,000) square feet or more of gross floor area primarily engaged in the repair of automotive bodies and/or mechanical works, straightening of body parts, painting, welding and short-term storage of automobiles until such repairs are performed.
2. Automotive convenience store. An establishment or place of business primarily engaged in gasoline, diesel fuel and oil sales at retail (with no automobile repair facilities) and the retail sale of a limited line of goods that generally includes milk, bread, soda and snacks. Uses permissible also include the sale of cold drinks, packaged foods, tobacco and similar household convenience goods for customers.
3. Automotive customizing shop. An establishment or place of business that primarily provides after-sales services for automobiles (including the attendant retail sales of accessories for such automobiles), such as installation, conversion and modifications to the interior or exterior of automobiles.
4. Automotive parts and supply store. An establishment or place of business primarily engaged in the sale of merchandise that is associated with the use, repair or upkeep of automobiles.
5. Automotive repair shop. An establishment or place of business primarily engaged in the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts, but excluding dismantling or salvage. Automotive Repair Shops also include:
a. Automotive paint or body shop: The use of a building of less than fifteen thousand (15,000) square feet of gross floor area for the repair of automotive bodies and/or major mechanical works, straightening of body parts, painting, welding, or storage of automobiles not in operable condition.
b. Tire retreading or repair shop: The use of a building or premises for the repairing or retreading of automotive tires.
6. Automotive sales and lease. An establishment or place of business primarily engaged in the sale and/or lease of new automobiles, vans and trucks less than two (2) tons, including incidental parking and servicing of vehicles available for sale, lease or rent. Such a use also may include as a subordinate use the sales of used automobiles, vans and trucks.
7. Automotive service station. An establishment or place of business primarily engaged in gasoline or diesel fuel sales at retail for automobiles, recreation vehicles and motorcycles, and where in addition at least one (1) of the following services is rendered: sale, replacement, or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors, tires, carburetors, brakes, fuel pumps, or other automotive parts or accessories. See "automotive repair shop" where major mechanical activities are allowed.
8. Automotive tire store. An establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.
9. Automotive wash. An establishment or place of business engaged in washing and cleaning of automobiles and related vehicular equipment. Automotive wash uses are categorized as one (1) of the following three (3) types:
a. Self service automotive wash: A facility where, in order to wash a vehicle, a customer provides all labor using the facility's high pressure water/soap dispensers, vacuum stations and related self-serve cleaning tools. A self-service facility includes no self-propelled wash racks for vehicles.
b. Automated automotive wash: A facility designed and operated to wash the exterior of customer vehicles using a mechanized washing system that either uses a conveyor (or similar mechanical) system to move vehicles through a mechanized washing system or that washes a stationary vehicle and that may have, accessory to the primary business, self-serve stations which include vacuums and mat washing, and vending machines providing products associated with car cleaning. No manual labor is offered or provided by the facility for cleaning the interior or exterior of the vehicle.
c. Full service automotive wash: A facility designed and operated to wash and clean vehicles using a conveyor or similar mechanical system for purposes of moving vehicles through the facility while washing the exterior of the vehicle, but that also provides labor as an additional service, for detailing of the exterior and interior of the customer's vehicle.
BAKERYA store in which baked goods, such as bread, cake and pastry, are made and sold at retail for consumption off the premises.
BAR or TAVERNAn establishment or place of business primarily engaged in the preparation and retail sale of alcoholic beverages with a City and State approved liquor license for consumption on the premises. Typical uses include sports bars, cocktail lounges, nightclubs and similar uses at which less than fifty percent (50%) of the total revenue is generated by food sales.
BASEMENTA story below the first (1st) story and not counted as a story for height regulations unless used for dwelling purposes.
BED-AND-BREAKFASTAn establishment or place of business consisting of between one (1) and twelve (12) guest rooms occupied or used as a transient abiding place of individuals or groups of individuals who are lodged for compensation and making available services normally provided by hotels.
BEDROOMA room in a dwelling unit designed for sleeping that is separable from other rooms by a door.
BERMA mound of earth used as a screening or landscaping device.
BLOCKA platted tract of land entirely surrounded by public highways, streets, streams, waterways, railroad rights-of-way, cemeteries or parks, or a combination thereof. In places where the platting is incomplete or disconnected, the Building Commissioner shall determine the outline of a block.
BUFFER ZONEAn open and unpaved ground area around the perimeter of a tract of land that is landscaped or planted so as to provide green space.
BUILDING COVERAGEThe area of the site which is covered by the principal building(s) (building "footprint") measured as a percentage of the total site.
BUILDING HEIGHTThe vertical distance measured from the highest of the following three (3) levels:
1. From the street curb level;
2. From the established or mean street grade in case the curb has not been constructed; or
3. From the average finished ground level adjoining the building where it sits back from the street line;
to the highest point of: |
1. | The coping of a flat roof or to the deck line of a mansard roof; |
2. | To the average height of the highest gable of a pitched roof or hipped roof; |
3. | To the maximum height of any roof-top air-conditioning or other equipment, unless architecturally concealed; or |
4. | The maximum height of any segment of a stepped or terraced building. |
BUILDING, EXISTINGA building erected prior to, or for which a valid building permit has been issued prior to, the effective date of this Chapter.
BUILDINGA structure for the purpose of housing or enclosing persons, animals, fixtures or chattels.
CARPORTA roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three (3) sides.
CEMETERYA place for the burial of deceased human beings or animals.
CHILDREN'S ACTIVITY CENTERAn establishment of under five thousand (5,000) square feet where children are entertained in a supervised environment where they can enjoy play stations including train tables, building blocks, play kitchen/store, baby dolls, cars/trucks and other age appropriate toys, enjoy arts and crafts, and participate in themed activities. The establishment may have as an accessory use a children's party room for hosting birthday and other private parties as well as craft nights and other similar activities and events. The establishment does not provide day-care services; rather children must be accompanied by an adult and parents may participate in activities with the children. "Children's Activity Center" does not include uses such as Day Care Facilities, Sports/Athletics Training Facilities, or establishments with modular retail play/soft play structures, indoor playgrounds, food services and/or associated coin/token-operated machines and games designed specifically for children, ages twelve (12) and under.
CHIMNEYA structure containing one (1) or more flues for drawing off emissions from stationary sources of combustion.
CITY CODEThe Code of Ordinances of the City of Green Park, Missouri, as amended.
CITY ENGINEERThe City Engineer of the City of Green Park, Missouri, or a person designated by the City Engineer.
CITYThe City of Green Park, Missouri.
CIVIC OR FRATERNAL ORGANIZATIONA membership association composed of persons who are bona fide dues-paying members and to whom (and their guests) use of facilities owned or leased by the association is generally restricted. Such definition shall include buildings owned or operated by a person for a social, educational or recreational purpose but not primarily for profit and not primarily to render a service that is customarily carried on as a business. This definition shall include organizations such as the American Legion, Masonic Lodge and Veterans of Foreign War. Also see fraternal organizations.
COMMISSIONThe Planning and Zoning Commission of Green Park, Missouri.
CONDITIONAL USEA use allowed in the particular zoning district upon the issuance of a conditional use permit by the Board of Aldermen in accordance with the provisions of this Chapter.
CONDOMINIUMA system of separate ownership of individual units or a multiple unit building.
CONSTRUCTION AND BUILDING MATERIALSEstablishments or places of business primarily engaged in the retail or wholesale sale of materials used in the construction and maintenance of structures, as well as construction activities, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses may include lumber yards, building materials stores, and tool and equipment rental or sales.
CONSTRUCTION CONTRACTORA person engaged in the construction of buildings, engaged in heavy construction (such as streets, bridges or utilities), or specialized in such construction trades as plumbing, heating and air-conditioning, electrical wiring, masonry, roofing or gutters, well drilling, or house painting.
CONSTRUCTION VEHICLES/EQUIPMENTA self-propelled or non-propelled equipment designed for on or off-road use in grading or construction or any vehicle containing or carrying construction tools or equipment; including trailers, attachments, and component parts for such equipment.
CONVALESCENT, NURSING OR RETIREMENT HOMEAn intermediate care facility primarily engaged in providing inpatient nursing and rehabilitative services to residents who require watchful care and medical attention or treatment, but not on a continuous basis, although staff is on duty twenty-four (24) hours per day.
CONVENIENCE STOREAn establishment or place of business (sometimes known as food marts) engaged primarily in the retail sale of a limited line of goods that generally includes milk, bread, soda, and snacks, non-alcoholic beverages, packaged food, tobacco products and household convenience goods. This use shall not include automobile repair facilities or those uses allowed at an automotive repair shop or uses with fuel pumps (see automotive convenience store).
COURT1. An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building; or
COVENANTSAny contract or deed, or portion thereof, restricting the manner in which land may be used.
CUL-DE-SACA street having one (1) end open to traffic and being terminated by a vehicular turnaround.
CURB LEVELTop of the curb at its highest point in front of the lot or, in the case of a corner lot, the point along the abutting streets where the curb level is the highest.
DAY CARE FACILITYA house or other place conducted or maintained by any person who advertises or holds himself out as providing care for more than four (4) persons during the daytime, for compensation or otherwise, except those operated by a school system, but a child care facility shall not include any private or religious organization, elementary or secondary school, a religious organization academic preschool or kindergarten, or a home school. Terms associated with day care facilities shall be defined as follows:
1. Day care home. A family home occupied by the day care provider in which family-like care is given to no more than four (4) persons not related to the day care provider for any part of the twenty-four (24) hour day, without overnight stays.
2. Day care, group. A building occupied by a day care provider that receives more than four (4) but fewer than twenty (20) persons for care for any part of a twenty-four (24) hour day, without overnight stays.
3. Day care center. A building occupied by a day care provider that receives twenty (20) or more persons for care for any part of a twenty-four (24) hour day, without overnight stays.
DECKA flat floored platform not set into but raised above the ground or finished grade more than twelve (12) inches, serving as a floor and having no roof or covering of any kind, and which is usually, but not necessarily, made of wood (or some material made to resemble a wood product) and attached to a building.
DEPARTMENT STOREA retail establishment that sells a number of lines of new merchandise such as apparel, appliances, furniture, small wares, hardware and boutique foods. Such stores are also known as "general merchandise stores", "variety stores" and "country general stores"
DEVELOPERA person who engages in development of land, whether or not that person is the landowner.
DEVELOPMENTAny manmade change to improved or unimproved land including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICTA section of the City for which regulations governing the use of buildings and premises, the height of buildings, the size of yards or the intensity of use are uniform.
DOG RUNA fenced-in area that is used to restrain dogs or other small animals.
DRIVE-THROUGH ESTABLISHMENTA place of business that through design, physical facilities, service or packaging procedures encourages customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. This definition shall include all curb service establishments, drive-in restaurants and drive-in cafes, but does not include drive-through windows as an accessory use.
DRIVE-THROUGH WINDOWAny portion of a building or structure from which business is transacted, or is capable thereof, directly with customers located in a motor vehicle during such business transactions.
DRIVEWAYA roadway on private property leading to a building, parking area or use. For single-family residences, a driveway may also serve as a parking space.
DRUG STORE/PHARMACYAn establishment that primarily sells, at retail, prescription and non-prescription drugs and medicines although it may also engage in general light retail sales. Excludes grocery stores with pharmacies.
DWELLING UNITOne (1) room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms which may be in the same structure, and containing independent cooling and sleeping facilities.
DWELLINGA room or suite of rooms within an apartment building arranged, intended or designed as a place of residence; or any building, or portion thereof, which is designed, built, leased, rented, let or hired to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building; or a building, or portion thereof, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, motels, rooming houses, nursing homes, travel trailers, recreational vehicles, manufactured or mobile homes. The following words or terms associated with dwelling shall have the following meanings:
1. Apartment. A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a family in a separate dwelling unit.
2. Assisted living facility. An establishment that furnishes, in one (1) or more facilities, food and shelter to four (4) or more persons who are unrelated to the proprietor of the establishment and that provides personal care services. For purposes of this definition, "personal care services" include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well-being.
3. Independent senior living facility. A facility containing dwelling units, accessory uses and support services specifically designed for occupancy by persons sixty (60) years of age or older. Such facilities may include accommodations for persons who are fully ambulatory or who require no medical or personal assistance or supervision, as well as accommodations for persons who require only limited or intermittent medical or personal assistance.
4. Loft dwelling. A dwelling located above the first (1st) floor of a non-residential use such as a store or office.
5. Multi-family dwelling. A dwelling situated on one (1) lot occupied by three (3) or more families in separate dwelling units living independently of each other.
6. Single-family attached dwelling (twin home or townhome). Single-family dwellings sharing a common wall but situated on separate lots designed to be occupied exclusively by separate families.
7. Single-family detached dwelling. A dwelling situated on one (1) lot designed to be occupied exclusively by one (1) family. Single-family detached dwelling shall include: a) a group home, and b) any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but fewer than seven (7) children who are unrelated to either foster parent by blood, marriage, or adoption.
8. Two-family (duplex). A dwelling situated on one (1) lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.
EASEMENTA grant to the public or a person by the owner of land of the use of a described area of the land for specified purposes, where fee simple title to the land remains with the property owner.
EFFECTIVE DATEThe date the ordinance adopting this Chapter takes effect.
EMPLOYEEAny and all persons, including managers and entertainers, who work in or at or render any services directly related to the operation of a business.
ENCROACHMENTAn unauthorized extension of a structure or portion thereof upon land owned by a person other than the owner of said structure.
EXISTING USEThe use of a lot or structure at the time of the effective date of this Chapter.
FAMILY1. A single individual doing his/her own cooking and living upon a premises as a separate housekeeping unit; or
2. A collection of persons doing their own cooking and living together upon a premises as a separate housekeeping unit in a domestic relationship based on birth, marriage, adoption or employment as domestic servants; or
3. A group of not more than three (3) unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual agreement.
FENCEA freestanding structure resting on or partially buried in the ground that forms a barrier which is not otherwise part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy.
FENCE, PERMANENTA fence securely attached or fastened to the ground and not designed or intended to be readily removed or relocated.
FENCE, TEMPORARYA non-permanent fence customarily used or intended for a limited or intermittent period of time.
FINANCIAL SERVICESAn office establishment or business that primarily performs central banking functions (such as issuing currency, managing national money supply and international reserves, and acting as fiscal agent for the central government) and accepts deposits (or share deposits) and lends funds from these deposits, and which establishment may include these services to patrons and customers through an accessory, drive-through use. Financial services shall also include establishments primarily engaged in one (1) or more of the following: (1) underwriting securities issues or making markets for securities and commodities; (2) acting as agents (i.e., brokers) between buyers and sellers of securities and commodities; (3) providing securities and commodity exchange services; and (4) providing other services, such as managing portfolios of assets; providing investment advice; and trust, fiduciary and custody services. Typical uses include banks, savings associations, savings and loan institutions, investment banking, securities, and brokerages, certified financial planning, accounting, auditing, bookkeeping, and similar services. Financial services does not include pawnshops, businesses primarily engaged in check cashing or issuing money orders, or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property, estimated tax refunds or other such collateral (all of which are prohibited money changing/money brokering uses).
FLOOR AREA, NET (NFA)The sum of the net horizontal area of the several floors of a building measured from the exterior faces of the exterior walls or from the interior faces of walls separating two (2) buildings.
1. The net floor area of a building shall include:
a. Basements, when used for other than storage;
b. Penthouse, excluding mechanical penthouses;
c. Attic space having a headroom of seven and one-half (7.5) feet or more;
e. Interior balconies and mezzanines, excluding those designed and used as pedestrian common space;
f. Floor area devoted exclusively to storage;
h. Interior covered common areas designed primarily for pedestrian circulation; and
2. The net floor area of a building does not include:
a. Floor space occupied by mechanical, telephone and electrical equipment, and mechanical penthouses;
b. Stairwells, escalators and elevator shafts;
c. Attic space having a headroom of less than seven and one-half (7.5) feet;
d. Interior off-street parking and loading areas; and
e. Basements or portions thereof used for storage.
FLOOR AREA, GROSS (GFA)The sum of the gross horizontal areas of the several floors, measured in square feet, including the basement floor, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The gross floor area of a building shall also include elevator shafts and stairways at each floor; floor space used for mechanical equipment, penthouses, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. The gross floor area shall not include: areas or space devoted to off-street parking or loading; and uncovered porches, terraces and loading docks.
FREIGHT TERMINALA building or premises where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
FRONTAGEThat side of a lot abutting a public right-of-way line.
FRONTAGE ROADA public or private street closely paralleling a larger public street that provides the primary means of vehicular access from abutting property to a larger street.
FUNERAL HOME SERVICESA building or establishment, or portion thereof, used for the preparation of deceased humans and ceremonies connected therewith prior to burial or cremation.
GARAGE, PRIVATEAn accessory building or structure (usually accessory to a residential use) housing not to exceed three (3) motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.
GARAGE, PUBLIC PARKINGA building or premises designed and used for the storage of automobiles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles and is not used as an automotive repair shop.
GOVERNMENT ADMINISTRATION BUILDINGA building in which government affairs, predominantly administrative, professional, clerical or other services, are performed and which is not designed to serve patrons at the site or to encourage patrons to walk up or park and leave their vehicles briefly to handle governmental business or affairs. Typical uses include fire stations, Police sub-stations and City Hall.
GRADE, STREETThe slope of a road, street or other public way specified in percentage (%) of vertical to horizontal measurements.
GRADEThe average elevation of the finished surface of the ground, paving or sidewalk within the area between the building and property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.
GREENHOUSEA building whose roof and sides are made primarily of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or for personal enjoyment.
GROCERY STOREEstablishments with ten thousand (10,000) square feet of gross floor area or more primarily engaged in the retail sale of food or household products for home consumption. Typical uses include large grocery stores (including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment during a calendar year, and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries other than beer and wine), delicatessens, meat markets, retail bakeries and candy shops.
GROUP HOMEA form of single-family residential occupancy in which eight (8) or fewer unrelated persons with mental or physical disabilities reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the persons with mental or physical disabilities residing in a single-family detached dwelling.
HARDWARE STOREA retail store of less than twenty thousand (20,000) square feet selling items such as tools, paint, hardware, plumbing supplies, items designed for installation in the home, and a limited selection of building materials.
HEALTH CLUB or FITNESS CENTERA business that provides facilities for aerobic exercises such as running and jogging tracks, exercise equipment, game courts, gymnasium or swimming facilities.
HOME IMPROVEMENT STOREA retail store of twenty thousand (20,000) square feet or more selling building materials, wall and floor coverings, lighting supplies, tools, paint, hardware, plumbing supplies, lawn and garden supplies, items designed for installation in the home, and associated items for the home.
HOME OCCUPATION or HOME-BASED BUSINESSThe following words associated with home occupation or home-based business land uses shall have these definitions:
1. Goods Or Services. Any merchandise, equipment, products, supplies, or materials or any labor performed in the interest or under the direction of others; specifically, the performance of some useful act or series of acts for the benefit of another, usually for a fee. Goods or services does not include real property or any interests therein.
2. Home-Based Business. Any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
3. Home-Based Work. Any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.
4. Home Occupation. Either a no impact home-based business or resident(s) of the home performing home-based work meeting the narrowly tailored requirements of Section
405.145.
5. No Impact Home-Based Business. Any home-based business:
a. Where the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and
b. The activities of the business:
(1) Are limited to the sale of lawful goods and services;
(2) May involve having more than one (1) client on the property at one (1) time;
(3) Do not cause a substantial increase in traffic through the residential area;
(4) Do not violate the residential parking requirements set forth in Sections
355.100 to
355.125, Section
405.140, and elsewhere in the Green Park Code;
(5) Occur inside the residential dwelling or in the yard of the residential dwelling;
(6) Are not visible from the street; and
(7) Do not violate the narrowly tailored regulations in Chapter
405, Article
III, Section
405.145.
HOSPITALAn institution providing primary health service and medical and surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. This shall include, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTELA building, or portion thereof, offering lodging accommodations to the general public for compensation and that may provide additional services such as restaurants, meeting rooms and recreational facilities.
IMPROVEMENTAny manmade item that becomes part of, is placed upon, or is affixed to land.
INDUSTRIAL, HEAVYA use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions, or storage and/or use of heavy machinery and/or construction vehicles/equipment.
INDUSTRIAL, LIGHTA use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
INFORMATION AND DATA PROCESSING SERVICESA use that provides electronic data processing services. These establishments may provide complete processing and preparation of reports from data supplied by customers; specialized services, such as automated data entry services; or may make data processing resources available to clients on an hourly or time-sharing basis.
INSTITUTIONA building occupied by a non-profit corporation or a non-profit establishment for public use.
JUNK YARD, WRECKING YARD, SALVAGE YARD or SCRAP YARDA place where waste, discarded or salvaged metals, inoperative vehicles, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled or cleaned; or a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding retail/commercial pawnshops and establishments for the sale, purchase or storage of used cars in operable, driveable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations. For the purposes of this definition, any lot containing more than two (2) inoperative vehicles shall be considered a junk yard.
KENNELAny lot or premises, or portion thereof, on which animals are kept for non-commercial purposes, which shall include the private, non-commercial sale of animals from a private litter not more than one (1) time in any six (6) month period.
LABORATORYA building, or portion thereof, in which scientific, medical or dental research, investigation, testing or experimentation is conducted.
LAND DISTURBANCEAny removal or destruction of trees, ground cover or other vegetation, or excavation or disturbance of soil, by means of heavy equipment (including all equipment weighing in excess of one thousand five hundred (1,500) pounds) or by any means affecting an area of five thousand (5,000) square feet or more in a period of one (1) year or less.
LANDOWNERAny person, agent, firm or corporation having a legal or equitable interest in a property.
LANDSCAPING SERVICESAn establishment or place of business primarily engaged in the provision of landscaping, landscape maintenance and related services to firms, businesses, residences or individuals. Typical uses include mowing, planting, fertilizing, trimming or irrigation services.
LIQUOR STOREAn establishment or place of business primarily engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.
LOADING AREAAn area used for loading or unloading of goods from a vehicle in connection with the use of the site on which a loading space is located.
LOADING SPACEA space within the main building or on the same lot providing for the standing, loading or unloading of trucks which has a minimum of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet.
LOCAL PUBLIC UTILITYEstablishments that provide utility services such as electric power, natural gas, steam supply, water supply, and sewage removal. Not included are waste management services which collect, treat and dispose of waste materials and do not directly use or operate utilities.
LOTA parcel of land occupied by or intended for a use allowed in this Chapter, occupied or intended to be occupied by one (1) main building together with its accessory buildings, open spaces, and parking spaces required by this Chapter, and having its principal frontage upon a public street or road as established by this Chapter. The word "lot" shall include the word "plot", "tract" or "parcel". The derivations of lot shall maintain the following definitions:
1. Lot area. The area of a horizontal plane bounded by the vertical planes through front, rear and side lot lines.
2. Lot, corner. A lot abutting upon two (2) or more streets at their intersection.
3. Lot depth. The mean horizontal distance between the front and rear lot lines.
4. Lot, double-frontage. A lot having frontage on two (2) non-intersecting roads; as distinguished from a corner lot. This definition shall include through lots.
5. Lot, interior. A lot other than a corner lot whose sides do not abut upon any street.
6. Lot line. The property boundary line of any lot. The derivations or modifications of lot line shall maintain the following definitions.
a. Lot line, front. The lot line abutting a street or private drive. In the case of a corner lot, the front lot line shall normally be the lot line with the shortest length. In the case of a double-frontage lot, the front lot line shall be the lot line adjacent to the street that provides primary access to the lot or towards which the main building on the lot is oriented.
b. Lot line, rear. Any lot line that is not a front lot line or a side lot line.
c. Lot line, side. Any lot line that intersects the front lot line. A side lot line shall include any linked line segments or arcs that have a bearing which is within forty-five degrees (45°) of a line drawn perpendicular to the front lot line. Where the application of the rules is ambiguous or where the property owner requests an alternative designation, the Director may specifically designate the various lot lines for a particular lot.
d. Lot width. The horizontal distance between the side lot lines, measured at the front building line.
LOT OF RECORDA lot for which the plat or deed has been properly recorded prior to the effective date of this Chapter.
MAIN BUILDINGThe primary building on a lot, or a building that houses a main use on a lot.
MAIN USEThe primary or predominant use of land, a building or a structure.
MANUFACTURING, LIGHTAn economic activity involving the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors at a scale and intensity that is compatible with the surrounding residential uses and the intent of the City's light industrial district.
MARIJUANA-RELATED DEFINITIONSThe following definitions shall apply to all land uses relating to marijuana uses and facilities:
ADMINISTER MEDICAL MARIJUANA — The direct application of Marijuana to a qualifying patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods: |
1. | Ingestion of capsules, teas, oils, and other marijuana-infused products; |
2. | Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and other marijuana-infused products; |
3. | Application of ointments or balms; |
4. | Transdermal patches and suppositories; |
5. | Consuming marijuana-infused food products; or |
6. | Any other method recommended by a qualifying patient's physician or nurse practitioner as authorized by Article XIV, Section 1 of the Missouri Constitution. |
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY — A facility licensed by the DHSS where cultivation operations for medical or adult use occur. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. |
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY — A facility licensed by the DHSS where marijuana product is dispensed for medical or adult use. 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 and provided for by general or local law. |
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY — A facility licensed by the DHSS where marijuana-infused products and prerolls are manufactured for medical or adult use. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. |
CONSUMER — Someone at least twenty-one (21) years of age. |
CULTIVATION — As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the DHSS, the process by which a person, business, or legal entity promotes the germination and growth of a seed to a mature marijuana plant. |
DEPARTMENT or DHSS — The Missouri Department of Health and Senior Services. |
DISPENSARY FACILITY — A medical marijuana Dispensary Facility, a comprehensive marijuana dispensary facility, or a microbusiness dispensary facility. |
ELEMENTARY SCHOOL — A public, private, religious or parochial school giving instruction in a grade or grades not lower than pre-school nor higher than the eighth grade, including any property owned by the school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes. |
ENCLOSED, LOCKED FACILITY — |
1. | A stationary, fully enclosed, locked space equipped with functioning security devices that permit access to only the consumer(s), qualifying patient(s), or primary caregiver(s) who have informed the DHSS that this is the space where they will cultivate marijuana; and |
2. | The plants within the enclosed, locked facility must not be visible to the unaided eye from a public space. |
FACILITY — The physical structure(s), including strip malls, and the premises on which the physical structures are located which are used by a licensed or certified entity to perform its licensed or certified functions, whether the entity is licensed or certified as a medical facility or a marijuana facility. |
IDENTIFICATION CARD — A document, whether in paper or electronic format, issued by the DHSS that authorizes a consumer cultivator, qualifying patient, primary caregiver, or facility agent to access marijuana as provided by law. |
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. |
MARIJUANA ACCESSORIES — Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body. |
MARIJUANA CULTIVATION — Qualifying patient medical marijuana cultivation, primary caregiver medical marijuana cultivation, and consumer personal cultivation when performed as an accessory use in accordance with Section 405.170(G). |
MARIJUANA FACILITY — A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, transportation facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the DHSS but shall not include a medical facility or marijuana research 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, ointments, tinctures, suppositories, and infused prerolls. |
MARIJUANA PRODUCT — Marijuana, marijuana-infused products, or other products made using marijuana, including prerolls, unless otherwise provided for in the DHSS's rules. |
MARIJUANA RESEARCH FACILITY — A facility licensed by the DHSS where activities intended to facilitate scientific research or education related to marijuana product occur. |
MARIJUANA TESTING FACILITY — A facility certified by the DHSS to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility. |
MARIJUANA USE — A marijuana facility, a medical marijuana facility, and a marijuana research facility. |
MEDICAL MARIJUANA FACILITY — A medical marijuana facility 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. |
MEDICAL MARIJUANA CULTIVATION FACILITY — A facility licensed by the State of Missouri to engage in the process of cultivating marijuana that is limited to medical use at a medical marijuana cultivation 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 — A facility licensed by the State of Missouri where marijuana is dispensed only for medical use. Medical marijuana 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 State of Missouri where marijuana-infused products and prerolls are manufactured only for medical use. |
MEDICAL USE — The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or marijuana accessories used to administer marijuana or a marijuana-infused product as provided by Article XIV, Section 1, of the Missouri Constitution, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law. |
MICROBUSINESS DISPENSARY FACILITY — A facility licensed by the DHSS to engage in the process of dispensing marijuana for medical use or adult use. 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 dispensary facility's authority to process marijuana shall include the creation of prerolls. |
MICROBUSINESS WHOLESALE FACILITY — A facility licensed by the DHSS to where marijuana cultivation operations for medical or adult use occur and/or where marijuana-infused products and prerolls are manufactured for medical use or adult use. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls. |
NON-RETAIL MARIJUANA USES — Comprehensive marijuana cultivation facilities, medical marijuana cultivation facilities, marijuana testing facilities, transportation facilities, comprehensive marijuana-infused products manufacturing facilities, medical marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facilities, or any other type of marijuana-related facilities or businesses licensed or certified by the DHSS but excluding comprehensive marijuana dispensary facilities, microbusiness dispensary facilities, medical marijuana facilities or marijuana research facilities. |
NURSE PRACTITIONER — An individual who is licensed and in good standing as an advanced practice registered nurse, or successor designation, under Missouri law. |
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 — An individual diagnosed with at least one (1) qualifying medical condition as defined in Missouri State law and possessing a DHSS issued qualifying patient or qualifying patient cultivation identification card. |
SECONDARY SCHOOL — A public, private, religious, or parochial school giving instruction in a grade or grades not lower than the sixth nor higher than the twelfth grade, including any property owned by the school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes. |
TRANSPORTATION FACILITY — A facility certified by the DHSS to house operations involving the transport of marijuana product from a marijuana facility or medical facility; or to a qualifying patient, primary caregiver, or consumer. |
MINI-WAREHOUSEA structure containing separate storage areas of identical or varying sizes leased or rented on an individual basis.
MOTELA building primarily offering transient lodging accommodations to the general public for compensation with access from each room to a readily accessible off-street parking area for use by the patrons of the building. This definition shall also include motor lodges.
MUNICIPALITYThe City and any other body politic whether it be a city, town, village or political subdivision of this State organized under the Constitution of the State of Missouri or under laws of the State of Missouri or by decision of the highest court of this State determined to be a municipal corporation.
NON-CONFORMING USEAny building or land lawfully occupied by a use at the time of passage of this Chapter or amendments thereto which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.
NURSERYLand or structures used to raise flowers, shrubs, trees and other plant material for retail or wholesale sale.
OFFICE PARKA planned use, developed on a single parcel of property, that may contain a mix of office, retail and service uses as regulated by this Chapter and authorized by the Board of Aldermen pursuant to a development plan.
OFFICEThe use of any building or premises primarily for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files, and communication equipment. Terms associated with the word "office" shall have the following meanings:
1. Business office, general. An office used for the administrative or legal affairs of a non-residential use company with no retail activity or vehicular requirements of a walk-up or drive-through establishment. This includes for profit, non-profit or eleemosynary establishments.
2. Medical or dental office. An office occupied and maintained for the provision of services by a person licensed by the State of Missouri to practice in the healing arts for humans such as a physician, surgeon, dentist or optometrist.
3. Professional office. An office occupied by a member of a recognized profession and maintained for the provision of professional services such as a certified public accountant, lawyer, architect, City planner, landscape architect, interior designer, engineer, management or public relations service.
OFF-STREET PARKING SPACEAn area that is not within the paved area of a street that is used for the temporary storage of one (1) automobile or other motor vehicle with direct or indirect access to a dedicated street or right-of-way.
OPEN SPACEAny parcel of land or water essentially unimproved or otherwise devoid of structures and paved areas set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OUTDOOR DISPLAY AREAA portion of a property outside of any building where merchandise, goods or other items are placed in public view for the purpose of direct sale or lease to customers.
OUTDOOR STORAGEThe keeping in an unroofed, open area of any goods, material, equipment, supplies, merchandise, vehicles or junk in the same place for more than twenty-four (24) hours.
PARKING LOTAny place, lot, parcel or yard used in whole or in part for storing or parking of two (2) or more vehicles where such usage is not incident to or in conjunction with a single-family dwelling, or other usage permissible in single-family dwelling districts, and located on the same tract.
PARKING SPACEA durably surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standard automobile and if the space is unenclosed, comprising an area of not less than three hundred (300) square feet which is suitable to parking an automobile and driveway and shall be inclusive of all driveways in the parking area but exclusive of access driveways to reach such parking area or areas.
PATIOA level, unenclosed surfaced area, not exceeding twelve (12) inches in height, located at the finished grade that is usually directly adjacent to an attached building. Patio does not include a deck.
PAWNSHOPAn establishment or place of business primarily engaged in the sale of merchandise in which merchandise is offered as collateral for obtaining loans and wherein such merchandise is offered for sale in recompense for default of loan repayment or engaged in lending money on the security of pledged personal property on the condition that the pledged personal property may be redeemed or repurchased by the seller for a fixed amount of money within a fixed period of time.
PAYDAY LOAN ESTABLISHMENTAn establishment in the business of making unsecured loans under five hundred dollars ($500.00) and that is registered with the appropriate State agency, department or official as may be required by law.
PEDESTRIAN WAYA right-of-way dedicated or otherwise assigned to public use that cuts across a block to facilitate pedestrian access to adjacent streets and properties.
PERFORMANCE STANDARDA criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, heat, glare or other effects generated by or inherent in the uses of land or buildings. Such standards may also establish other various criteria for land use (see Section
405.330).
PERMITTED USEAny use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAny individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
PET GROOMINGA place of business primarily engaged in the cleaning, bathing, brushing and cutting of hair of household pets and where the pets are not kept overnight.
PLAT, FINALA complete and exact subdivision plat, prepared for official recording as required by State Statute and the subdivision regulations, to define property boundaries and proposed streets and other improvements.
PLAT, PRELIMINARYA formal proposed plan for a subdivision prepared in accordance with the subdivision regulations.
PLATTEDReal property that is included within the area of land covered by a final plat recorded with the Recorder of Deeds.
PLAY AREAAn improved and equipped area for the play of children.
PLOT PLANA plan which accompanies a building permit application. It indicates the lot dimensions along with the size, shape and location of any buildings to be placed upon it. The plot plan is drawn to scale and includes any additional information required by the Building Commissioner.
POLE BARNAny structure, constructed for a temporary period of time, that has a canvas or fabric roof and is supported by less than four (4) walls and is designed primarily for the sale of goods for a temporary period of time within two hundred (200) feet of public right-of-way.
PORCHA platform that may be screened, projecting from the wall of a building and with direct access to or from a building. Porch does not include a deck.
PREMISESAn area of land with its appurtenances and buildings that, because of its unity of use, is one (1) unit of real estate.
PROFESSIONAL OR TRADE ASSOCIATIONA private organization that promotes the interests of business groups, such as the Chamber of Commerce; professions, such as the Bar Association; or members of a trade, such as a labor union.
PROHIBITED USEA use that is not permitted in a zoning district by right, as an accessory use, with a special use permit, or as a planned use.
PUBLIC HEARINGA meeting announced and advertised in advance that is open to the public and at which the public is given an opportunity to speak and participate.
PUBLIC IMPROVEMENTSStreet pavements, curb and gutters, sanitary and storm sewers, permanent street monuments, water mains and any other related items that are owned by a political subdivision or public utility.
RECREATION FACILITY, COMMERCIALA commercial establishment or place of business primarily engaged in the provision of sports, entertainment or recreation for participants or spectators. Recreation as defined here does not include "adult entertainment".
RECREATION FACILITY, NON-COMMERCIALPrivate outdoor playgrounds and recreational facilities that are accessory uses to a subdivision, apartment development, church, or other non-commercial principal use of property.
RECREATION VEHICLE SALES, LEASE AND RENTALThe sale, lease or rental of recreation vehicles, such as travel trailers, campers, boats, and personal watercraft, including incidental storage, maintenance and servicing.
RECREATIONAL EQUIPMENTAny equipment such as travel trailers, pickup campers or coaches, recreational vehicles, tent trailers, boats and boat trailers, motorcycles, ATVs, any other such vehicular equipment used for recreation, or trailers for transporting recreational equipment, whether occupied by such equipment or not.
RECREATIONAL VEHICLEA portable vehicular structure without a permanent foundation that can be towed, hauled or driven and is primarily designed as a temporary living accommodation for recreational, camping and travel use and includes, but is not limited to, travel trailers, truck campers, camping trailers, tent trailers, fifth-wheel trailers, and self-propelled motor homes. Recreational vehicle does not include manufactured home or mobile home.
RECYCLINGThe following words or phrases associated with recycling uses shall have the meanings set forth below:
1. Greenwaste: Organic waste generated by landscape, garden or agricultural operations consisting of lawn clippings, tree and shrub prunings, wood and miscellaneous soil material. This is categorized as material which can be used to process into compost or wood chips for reuse.
2. Recyclable Material: Reusable material including but not limited to, metals, glass, plastic, paper, concrete and organic material that is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include solid waste, greenwaste, refuse, clothing or hazardous material.
3. Recycling Collection Point: An incidental or accessory use to a primary permitted use of a lot that serves as a neighborhood drop-off point for temporary storage of recyclable material and where no processing of such items takes place. Such facilities are generally located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.
4. Solid Waste: Any material consisting of inert, putrescible or non-putrescible material generated by residential, commercial, industrial and agricultural uses. Inert materials generally have no active material which can break down into other forms, therefore considered to not decompose. Putrescible materials are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions. Non-putrescible materials arc not easily decomposed into other matter or decomposed into other materials.
REPAIR SERVICES1. Repair services, on-site. A business establishment primarily engaged in specialized repair services such as appliance repair, jewelry repair, bicycle repair, leather goods repair, lawn mower and lawn equipment repair, lock and gun repair, musical instrument repair, and radio, stereo, VCR, computer or TV repair where the repairs primarily take place at the business establishment. This use does not include "automotive repair shops".
2. Repair services, off-site. A business establishment primarily engaged in specialized repair services at the customer's premises including, but not limited to, repairs to major appliances, heating and air conditioning units, plumbing systems, electrical systems, as well as pipe and drain cleaning, tuck pointing, and driveway sealing.
REPAIRThe reconstruction or renewal of any part of an existing structure, improvement or fixture for the purpose of maintenance.
RESEARCH SERVICESEstablishments primarily engaged in research of an industrial or scientific nature but excludes final product testing. Typical uses include electronics research laboratories, space research and development firms, medical laboratories, or pharmaceutical research labs.
RESIDENTIAL MEDICAL FACILITY (RMF)A business that provides in-home health care and personal care services to four (4) or fewer persons who are unrelated to each other or the property owner in a single-family dwelling owned or leased by the RMF operator or its affiliate. For purposes of this definition, "personal care services" include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well-being, including palliative or hospice services for people who are experiencing advanced, life-limiting illnesses.
RESTAURANT1. Fast-food restaurant. Any walk-up or drive-through establishment primarily engaged in the sale of food or drink for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window, or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas or where drive-through or take-out service is an incidental service.
2. Restaurant, general. An establishment or place of business primarily engaged in the preparation of full-course meals served for consumption on premise, with complete kitchen facilities for preparation of the food sold, and where alcoholic beverages may be sold in conjunction with meals, or at a bar within the restaurant, provided that more than fifty-one percent (51%) of the revenue generated at the restaurant is related to food sales.
3. Restaurant, limited. A use engaged in the preparation and retail sale of food and beverages, including the sale of limited alcoholic beverages, but excluding alcoholic beverages sold via a bar within the limited restaurant. Typical uses include delicatessens, sandwich shops, ice cream parlors and coffee shops. This term does not include uses that would be included under the definition of "fast-food restaurant" or "drive-through window."
RETAIL, GENERAL LIGHTAn establishment that operates as fixed point-of-sale locations, which are designed to attract a high volume of walk-in customers, where manufactured or processed merchandise such as apparel, accessories, small wares, books, toys, clothing or shoes is purchased by the owner or operator thereof and displayed and resold as new merchandise to the general public for personal or household consumption. It does not include an establishment where food is processed, prepared or cooked for consumption and sale, any of the uses set forth under automotive services, or any other such retail use specifically permitted or prohibited.
RETAINING WALLA structure that retains (holds back) any material (usually earth) and prevents it from sliding or eroding away. A retaining wall is usually constructed of a relatively rigid material that supports soil laterally so that it can be retained at different levels on the two (2) sides.
REZONINGAmendment of the zoning district classification applicable to one (1) or more specific parcels of property.
ROOF, MANSARDA roof having two (2) slopes on all four (4) sides, with the lower slope almost vertical and the upper slope almost horizontal; or, from the ground, having the appearance of such a roof.
ROOFThe outside top covering of a building or structure.
SCHOOL, PRIVATEA facility established for the purposes of education not associated with any public or governmental body. This definition shall include academies, preschools, day schools, and schools associated with religious institutions.
SCHOOL, PUBLICA facility established by the State of Missouri or other governmental agency for the purposes of education.
SEMI-PUBLIC USEA use owned or operated by a non-profit, religious or eleemosynary institution for the purpose of providing educational, cultural, recreational, religious or social services to the general public.
SETBACK LINE or BUILDING LINEA line parallel to the respective lot line and internal to the lot that defines the required building setback as specified in the zoning district regulations. The derivations of setback line shall maintain the following definitions:
1. Setback line, front shall be parallel to the front lot line and shall extend from side lot line to side lot line;
2. Setback line, rear shall be parallel to all rear lot lines and shall extend from side lot line to side lot line. If there is no rear lot line, a semicircular rear setback line shall be drawn with a radius equal to the rear setback requirement and a center at the intersection of the side lines; and
3. Setback lines, side are parallel to any side lot line and extend from the front setback line to the rear setback line or another side setback line.
SHOPPING CENTERA commercial development containing at least three (3) retail sales or services establishments located in one (1) building, the total gross floor area of which is twenty-five thousand (25,000) square feet or greater for the entire shopping center.
SITE (OR IMPERVIOUS) COVERAGEThe total ground area covered by all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements or structures contributing to runoff greater than would occur on the site in its natural state.
SPECIFIED ANATOMICAL AREASDefined as:
1. Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breasts or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or
2. Human male genitals in a discernable erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESSexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.
SPORTS/ATHLETIC TRAINING FACILITYAn establishment offering indoor training facilities by appointment for sports teams and individuals aimed at improving sports performance and athleticism through sport specific exercises, workouts and programs. Such a use usually includes indoor batting cages, turf-surfaced sport training, basketball training and weight training for associated sports. Such use may include youth sports tournaments and leagues. Such use shall not include adult leagues.
STORAGEThe placement, keeping or retention of vehicles, equipment, materials, goods or products for intermittent use or subsequent distribution or transfer.
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the gross floor area is finished off for use. A "half story" containing independent apartment or living quarters shall be counted as a full story.
STORY — That part of a building including between the surface of one floor and the surface of the floor next above or, if there is 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 (1st) story is the highest story having its interior floor surface not more than four (4) feet above the curb level, mean street grade, or average ground level.
STREET LINEA dividing line between a lot, tract or parcel of land and a contiguous street.
STREETAn improved way for the conveyance of motor-driven, rubber-tired vehicles such as automobiles and trucks. Terms related to street shall mean as follows:
1. Arterial street. A State or U.S. numbered highway. Arterial streets are used for traffic of moderate to fast speeds and high volumes between major local centers of employment, recreation and shopping
2. Collector street. A major street used for traffic of moderate speeds and high peak volumes between local streets and arterial streets or serving as a principal entrance street or primary circulation route within a neighborhood or other limited area. Collector streets serve residential subdivisions, non-residential or multi-family areas, but are not State or U.S. numbered highways.
3. Local street. A minor street used for traffic of relatively low speeds and volumes and for primary access to abutting properties.
4. Alley. A narrow street used as a secondary means of access and usually located along the rear lines of abutting properties.
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
SWIMMING POOLA structure, whether indoor or outdoor, above or below the surface of the ground or both, intended to contain water for swimming or wading having an inside wall depth at any point of more than two (2) feet or a surface area exceeding two hundred fifty (250) square feet. The terms associated with swimming pool shall have the following meanings:
1. Swimming pool, private. A swimming pool located at a private residence used or intended to be operated for the exclusive use of the residents of the lot upon which it is located and their invited guests.
2. Swimming pool, private membership. A swimming pool intended for use by only those persons who pay a membership or similar fee that entitles such persons to use the swimming pool for a predetermined period of time.
3. Swimming pool, commercial. A swimming pool intended for use by the general public.
TATTOO PARLORAn establishment or businesses in which tattooing services are offered and performed.
TEMPLESee "CHURCH, TEMPLE or SYNAGOGUE".
TEMPORARY USEA use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
THEATERA building or premises devoted to showing motion pictures, or for live dramatic or musical performances. Terms associated with theater shall be defined as follows:
1. Motion picture theater. A building primarily used for the exhibition of movies or other prerecorded productions to the general public in an indoor setting.
2. Performing arts theater. A building primarily used for the presentation of live performances of plays or music.
TITLE LOAN ESTABLISHMENTAny person, entity or business that lends money to a borrower and in exchange retains physical possession of the State-issued certificate of title to the personal property of the borrower.
TOBACCO SHOPAn establishment or place of business primarily engaged in retail sale for consumption off the premises of tobacco and/or tobacco-related products ("tobacco products") and/or an establishment where one-half (½) or more of the net floor area is dedicated to or where one-half (½) or more of the gross receipts are derived from the sale of tobacco products.
TOURIST HOMEA dwelling unit or a portion of a dwelling unit rented for a period of thirty-one (31) or less consecutive calendar days.
TRACTA single unit of real property under one (1) ownership, which may be platted or unplatted.
TRAILERA portable structure supported by wheels, jacks, horses, skids or blocks without permanent foundation that is towed or hauled by another vehicle used for temporary human occupancy, to carry materials, goods or objects; or use as a temporary office.
UNRELATEDReferring to persons, shall mean two (2) or more people not related by blood, marriage or adoption.
USEThe purpose or activity for which the land, or structure thereon, is designed, arranged or intended, or for which it is occupied or maintained.
USED CAR LOTA lot or parcel of land on which pre-owned or used, operable vehicles, including, automobiles, trailers and trucks, are displayed for sale or trade.
USED MERCHANDISE STOREAn establishment or place of business primarily engaged in the retail sale of used merchandise or secondhand goods, such as used clothes, antiques, secondhand books or rare manuscripts, or items of architectural salvage, but not including used cars or other motorized vehicles.
VACATIONThe official abandonment of public right-of-way or easement by the City in accordance with State law.
VARIANCEA modification of the application of certain regulations or provisions of this Chapter by the Board of Adjustment in accordance with the procedure established by this Chapter.
VEHICLE, INOPERATIVEAny wrecked, disabled or damaged vehicle. Any one (1) of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:
1. Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;
2. Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways;
3. Storage of a vehicle with one (1) or more deflated tires.
VEHICLE, MOTORAny passenger vehicle, motorcycle, recreational vehicle, truck, trailer truck, or semi-trailer that is propelled or drawn by mechanical power.
VEHICLE PARKING, OFF-SITEParking or storage of new automobiles, whether through a lease, licensing or other arrangement with the property owner, to allow use of parking spaces for short-term storage of new automobiles by or for the benefit of an automotive sales and lease establishment (as defined in Section
405.060) located in or adjacent to the City.
VETERINARIANAn establishment or place of business primarily engaged in the medical care and treatment of animals.
WALK-UP ESTABLISHMENTA commercial establishment not engaged in the retail sales of goods that encourages its customers or patrons to park and leave their vehicle briefly to transact business.
WAREHOUSING AND DISTRIBUTION, LIGHTAn establishment or place of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than heavy machinery and/or construction equipment, live animals and plants, flammable or explosive materials, or potentially hazardous or commonly recognized offensive conditions.
WHOLESALE ESTABLISHMENTA place of business primarily engaged in selling merchandise to persons other than members of the general public.
YARDAn open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Chapter. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between a lot line and the building, or any protrusions therefrom, shall be used. The derivations of yard shall maintain the following definitions:
1. Yard, front. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
2. Yard, rear. A yard between the rear lot line and the rear of the main building and the side lot lines.
3. 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.
4. Yard, required. The minimum open space between a lot line and the buildable area of a lot within which no structure, parking area, or other obstruction shall be located except as provided by this Chapter.
5. Yard, required front. That yard established by the front setback requirement of this Chapter and the established front lot line.
6. Yard, required rear. That yard established by the rear setback requirement of this Chapter and the established rear lot line.
7. Yard, required side. That yard established by the side setback requirement of this Chapter and the established side lot line.
YARD FIXTURESStatuary, arbors, trellises, barbecue stoves, doghouses, flagpoles, screens [up to eight (8) feet in height], walls, hedges and gazebos.
ZONING MAPThe Zoning District Map of the City of Green Park, Missouri.