A subordinate building, including, but not limited to, a storage building, having a use customarily incident to and located on the same lot occupied by the main building; or a use customarily incident to the main use of the property; provided, however, that an accessory building shall not be used as guest quarters for any lodging facility, including, but not limited to, guest houses, bed and breakfast inns, bed and breakfast homes, hotels and motels.

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:

Up to three (3) ounces of marijuana or its equivalent to be sold to consumers who have attained at least twenty-one (21) years of age.

A minor way affording secondary access to properties which otherwise abut on a street.

Any act or process that changes one (1) or more of the exterior architectural features of a structure including, but not limited to, the erection, construction, reconstruction or removal of any structure.

A room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

A building arranged, intended or designed for more than two (2) family units.

A specific geographic division of the City of Hermann.

Signs made of cloth, vinyl or other flexible material that are mounted by means of staples, ties or other similar temporary supports.

A story partly underground. A basement shall be counted as a story if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purpose.

A private, owner-occupied dwelling containing not more than four (4) guest rooms in which transient guests are lodged for sleeping purposes overnight for compensation (“Guests”). A Bed and Breakfast Home may provide food service to paying overnight Guests staying at this lodging location only. Food service shall not be provided to guests at other lodging facilities. The dwelling must be the primary residence of the owner of record.

A private dwelling containing not more than ten (10) guest rooms in which transient guests are lodged overnight for sleeping purposes for compensation (“Guests”). A Bed and Breakfast Inn may provide food service to paying overnight Guests staying at this lodging location only. Food service shall not be provided to guests at other lodging locations.

The Board of Adjustment of the City of Hermann.

The Board of Aldermen of the City of Hermann.

A dwelling occupied by a resident family or resident occupant and one (1) or more rent-paying persons to whom meals are provided on the premises.

A business whose primary activity is the brewing and selling of beer, with an annual production of more than ten thousand (10,000) barrels, and which engages in such other uses as may be incidental thereto.

Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of 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.

A certificate issued by the Landmarks Commission indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district.

A certificate issued by the Landmarks Commission authorizing an alteration, construction, removal or demolition, even though a Certificate of Appropriateness has previously been denied.

A house or other place conducted or maintained by any person who advertises or holds himself/herself 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 day care facility shall not include an elementary or secondary school, a religious organization academic preschool or kindergarten, or a home school.

A building, including, but not limited to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary, or other facility wherein persons regularly assemble for religious worship maintained and controlled by a religious body having a principal use of religious worship or the offering of religious services of any denomination.

A building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.

The Planning and Zoning Commission of the City of Hermann.

The act of adding an addition to a structure or the erection of a new principal or accessory structure on a lot or property.

A temporary use of a building or land not otherwise permitted within a zoning district but which is allowed after a permit is granted in accordance with the provisions of Section 420.730.

An open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.

The mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.

Any act or process that destroys in part or in whole a structure.

The Missouri Department of Health and Senior Services, or its successor agency.

Standards of appropriate activity that will preserve the historic and architectural character of a structure or area.

When applied to a building, one which is surrounded by yards or other open spaces.

A business whose primary activity is to produce beverage-grade spirit alcohol, with an annual production of more than one hundred thousand (100,000) proof gallons per year. A “proof gallon” is one (1) liquid gallon of spirits that is fifty percent (50%) alcohol at sixty degrees Fahrenheit (60° F.) A distillery may also engage in such other uses as may be incidental to the production of beverage-grade spirit alcohol.

Any restaurant, financial institution or product vending enterprise where the patron does not enter and remain within a building during the transaction of business.

A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, group homes, apartment houses and town houses, but not hotels. The classification single- family dwelling shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons 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 mentally or physically handicapped persons residing in the home and shall include 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.

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.

A natural person, corporation, professional corporation, non-profit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.

The architectural character and general composition of the exterior of a structure, including but not limited to, the building material and exterior details such as windows, doors and appurtenant elements.

A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

The Board of Aldermen of the City of Hermann.

See "BED AND BREAKFAST INN".

An area designated as a "Historic District" or "Historic Overlay District" on the Hermann Zoning District Map which contains within its boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.

A commercial establishment in one (1) or more buildings on one (1) continuous tract or parcel of land offering lodging primarily to transient guests, providing a minimum of one (1) or more sleeping rooms, lavatory and toilet facilities. A hotel may contain several other types of businesses operated or leased on site such as a restaurant, catering, small shops, spa or conference center consistent with the zoning district in which the hotel is located.

A property or structure designated as a "landmark" by ordinance of the Board of Aldermen, pursuant to procedures prescribed in this Chapter, that is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the City of Hermann.

The Hermann Landmarks Commission.

Any building or group of buildings which is used, advertised or held out to the public for hire which can be construed to be a hotel, motel, tourist home, vacation rental, bed and breakfast home, bed and breakfast inn, guest house or other similar place by whatever name called and includes accommodations for transient guests.

A parcel of land occupied or to be occupied by one (1) main building or group of buildings and the accessory buildings and the uses customarily incident thereto, including such open spaces as are required under this Chapter and having frontage upon a public street. A lot as used herein may consist of one (1) or more platted lots, or tract or tracts as conveyed, or parts thereof.

A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Zoning Inspector.

The mean horizontal distance from the front street line to the rear lot line.

The boundary between a lot and the street on which it fronts.

A lot whose side lines do not abut upon any street.

The boundary line which is opposite and most distance from the front street line; except that in the case of uncertainty the Zoning Inspector shall determine the rear line.

Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place, or a side street line.

The lines bounding a lot as defined herein.

An interior lot having frontage on two (2) streets.

The horizontal distance between side lines, measured at the front building line.

Any work intended to correct or prevent any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.

A structure, bearing a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act of 1974 (42. U.S.C. Sec. 501), transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall not include any self-propelled recreational vehicle.

Every person, partnership, firm, corporation, association, limited liability company, or other legal entity engaged in the cultivation of a product or material, or in treating, processing treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the utility value, or appearance of commodities and other personal property, whether done on order or for sale upon expected or anticipated demand or orders for the manufactured goods. Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities are "light/heavy industrial/manufacturing" uses for purposes of this Zoning Code.

As related to activity authorized pursuant to Article XIV, Section 1 of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.

A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a marijuana dispensary facility, marijuana testing facility, marijuana-infused products manufacturing facility, or marijuana transportation facility.

A facility licensed by the Missouri State Department of Health and Senior Services or its successor to acquire, process, package, store on-site, sell, transport to or from and deliver medical use marijuana or adult-use marijuana, consistent with the limitations imposed by this Code and/or Missouri law.

Means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.

A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

A facility certified by the State of Missouri to store and transport marijuana.

A marijuana use shall be defined as any of the following herein defined entities:

Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

A facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a marijuana dispensary facility, a marijuana testing facility, marijuana transportation facility, or to another marijuana-infused products manufacturing facility.

The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia 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.

A business whose primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less.

A business whose primary activity is to produce beverage-grade spirit alcohol, with an annual production of up to one hundred thousand (100,000) proof gallons per year, and any other uses incident thereto. A “proof gallon” is one (1) liquid gallon of spirits that is fifty percent (50%) alcohol at sixty degrees Fahrenheit (60° F.).

A movable or portable residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, constructed to be towed on its own chassis and designed without a permanent foundation for long-term occupancy, which includes a double-wide or expandable mobile home as defined below, as well as a portable dwelling composed of a single unit, which may or may not be in compliance with the Federal Manufactured Home Construction and Safety Standards Act of 1976. The term "mobile home", as used in this Chapter, shall not include prefabricated, manufactured, modular or unitized dwellings placed on permanent foundations, nor shall it refer to travel trailers, campers or similar units designed for recreation or other short- term uses. A mobile home may or may not be permanently attached to the ground, and its transport features may or may not be removed.

A mobile home with two (2) or more units separately towable but designed to be joined into one (1) integral unit at the site.

A mobile home with one (1) or more sections that fold, collapse or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.

A prefabricated dwelling, manufactured and designed off-site and intended for long-term residential use, arriving at the site where it is to be erected from more than one (1) section as a site-built structure upon a permanent foundation, and which meets all applicable codes and regulations for standard dwelling construction and in accordance with the BOCA Basic Building Code. The term is intended to refer to major assemblies composing the principal parts of a dwelling and is not intended to refer to individual components such as prefabricated panels, trusses, and other prefabricated sub-elements which are to be incorporated into a structure otherwise constructed entirely at the site.

A hotel having more than ten (10) rooms designed for motorists, typically having rooms adjacent to an outside parking area.

Any building or land lawfully occupied by a use at the time of passage of this Chapter, September 6, 1995, or any amendment to this Chapter, which does not conform with the use regulations of the district within which it is located.

A non-retail marijuana facility shall be defined as any of the following herein defined entities:

A structure or area not enclosed by at least four (4) weathertight walls and a roof.

The person, corporation or other legal entity listed as owner of real property in the records of the Gasconade County Recorder of Deeds.

A surfaced area not less than nine (9) feet wide and twenty-two (22) feet long either within a structure or in the open. The parking space must be served with a driveway which provides access to a street or alley. Such space shall not occupy any part of a required front yard.

An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.

A document, whether handwritten, electronic or in another commonly used, format, signed by a physician and stating that, in the physician's professional opinion, the patient suffers from a qualifying medical condition as defined in Missouri State law.

An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such under the rules and regulations of the department and possesses a department issued primary caregiver or primary caregiver cultivation identification card.

Any public meeting of a relevant body of the City of Hermann, including, but not limited to, the Board of Aldermen, Planning and Zoning Commission, Landmarks Commission or Board of Adjustment, for which notice has been given in a manner and within the time required or permitted by Chapter 610, RSMo., and at which interested persons are permitted to appear and participate.

A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined in Missouri State law and possessing a department issued qualifying patient or qualifying patient cultivation identification card.

Any relocation of a structure on its site or to another site.

Any change to a structure that is not construction, removal or alteration.

A dwelling occupied by a resident family or resident occupant and one (1) or more rent-paying persons.

An apparatus, typically but not exclusively dish-shaped, capable of receiving signals from geostationary orbital satellites.

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.

Any words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between the floor and the ceiling next above it.

A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story; provided however, that any partial story used for residence purposes shall be deemed a full story.

A public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, way, traffic way, thoroughfare or any other similar term.

The dividing line between the street and the abutting property.

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Anything constructed or erected which requires permanent or temporary location on or in the ground or is attached to something having a location on the ground; including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, and swimming pools but excepting customary utility poles, retaining walls and boundary fences.

The square foot area of a building, including accessory buildings, measured from outside wall surfaces and including utility rooms, stairways, recreation rooms, storage rooms but excluding unroofed balconies and patios.

Any person or persons who rent and occupy a guest room in a lodging establishment for a period of less than thirty-one (31) days.

See "bed and breakfast inn."

A variation from a specific requirement in this Chapter as applied to a specific piece of property, as distinct from rezoning.

An agricultural processing facility that produces wine from fruit or fruit juices through fermentation which engages in such other uses as may be incidental thereto.

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in 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 the lot line and the building shall be used.

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.

A yard between the rear lot line and the rear line of the main building and the side lot lines.

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.