88-805-01-A. USE GROUPS

This zoning and development code classifies land uses into 5 major groupings: "residential," "public and civic," "commercial," "industrial" and "other." These are referred to as "use groups."

88-805-01-B. USE CATEGORIES

Each use group is further divided into more specific "use categories." Use categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions.

88-805-01-C. TYPICAL USES

Typical uses cited in the description of use categories are not intended to be exclusive or restrictive.

88-805-01-D. DETERMINATION OF MOST SIMILAR USE CATEGORY

When a specific use type cannot be readily classified into a use category or appears to fit into two or more use categories, the city planning and development director is authorized to determine the most similar, thus most appropriate, use category based on the following considerations:

1.

the actual or projected characteristics of the activity in relationship to the stated characteristics of each use type;

2.

the relative amount of site area or floor space and equipment devoted to the activity;

3.

relative amounts of sales from each activity;

4.

the customer type for each activity;

5.

the relative number of employees in each activity;

6.

hours of operation;

7.

building and site arrangement;

8.

vehicles used with the activity;

9.

the relative number of vehicle trips generated by the use;

10.

signs;

11.

how the use advertises itself; and

12.

whether the activity is likely to be found independent of the other activities on the site.

13.

information provided by the North American Industry Classification System (NAICS).

The residential use group includes uses that provide living accommodations to one or more persons. The group includes two use categories: household living and group living.

88-805-02-A. HOUSEHOLD LIVING

Residential occupancy of a dwelling unit by a household with tenancy arranged on a basis of 30 consecutive days or more.

88-805-02-B. GROUP LIVING

Residential occupancy of a structure by other than a "household," typically providing communal kitchen/dining facilities. Examples of group living uses include but are not limited to fraternities, sororities, convents, monasteries, nursing homes and the following specific use types:

1.

GROUP HOME

A single dwelling occupied on a permanent basis by a group of unrelated persons with disabilities, including those recovering from alcoholism or addiction to drugs. Group homes may also be occupied by paid staff and caregivers. It expressly excludes halfway houses for alcoholics, drug addicts, prisoners or juvenile delinquents. Group homes for eight or fewer unrelated persons with disabilities, with up to two additional persons acting as houseparents or guardians, are considered "households" and are allowed as-of-right in all districts that allow household living uses.

2.

DOMESTIC VIOLENCE RESIDENCE

A residential building in which temporary housing is provided for up to 8 persons who are victims of domestic violence. Any children or support staff using sleeping accommodations at a domestic violence residence will be counted in determining maximum occupancy.

3.

DOMESTIC VIOLENCE SHELTER

A building in which temporary housing is provided for more than 8 persons who are victims of domestic violence.

4.

NURSING HOME

As defined in Chapter 198, RSMO.

5.

CONVENT/MONASTERY

A residential building housing persons (such as nuns or monks) under religious vows.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 170771, § 1, 2-22-2018; Ord. No. 230936, § B, 12-14-2023)

The public and civic use group includes uses that provide public or quasi-public services. The public and civic use group includes the following use categories:

88-805-03-A. CLUB, LODGE, OR FRATERNAL ORGANIZATION

A building and necessary grounds used for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

88-805-03-B. COLLEGE/UNIVERSITY

Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the state or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, conservatories and seminaries.

88-805-03-C. DAY CARE

Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are 4 types of day care:

1.

HOME-BASED DAY CARE

Day care provided within a dwelling unit for up to 5 children or adults, in addition to members of the day care provider's household.

2.

FAMILY DAY CARE

Day care provided within a dwelling unit for up to 10 children or adults, in addition to members of the day care provider's household.

3.

GROUP DAY CARE

Day care for up to 20 children or adults, as the primary use of the land or within the day care provider's household.

4.

DAY CARE CENTER

Day care for 21 or more children or adults.

88-805-03-D. DETENTION AND CORRECTIONAL FACILITIES

Facilities for the judicially required detention or incarceration of people. Inmates and detainees are under 24-hour supervision by peace officers, except when on an approved leave. Examples include prisons, jails, probation centers, and juvenile detention homes.

88-805-03-E. HALFWAY HOUSE

A facility for rehabilitation of drug addicts; rehabilitation of alcoholics; and rehabilitation of prisoners or juvenile delinquents who are considered to be substance abusers; or for the rehabilitation of ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility.

88-805-03-F. HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

88-805-03-G. LIBRARY, MUSEUM, OR CULTURAL EXHIBIT

The exhibition, procurement, study, care, storage, conservation, or use of objects of lasting interest or value or literary, musical, artistic, or reference materials (such as books, manuscripts, recordings, or films); or administrative and/or educational functions supporting the foregoing.

88-805-03-H. PARK/RECREATION

Recreational, social, or multi-purpose uses associated with public parks, public open spaces, public community centers, public play fields, public or private golf courses, or other public recreation areas or buildings.

1.

COMMUNITY CENTER

A facility for meetings, recreation, or social activities.

2.

HOMES ASSOCIATION CLUBHOUSE

88-805-03-I. RELIGIOUS ASSEMBLY

Religious services involving public assembly such as customarily occur in synagogues, temples, mosques, and churches.

88-805-03-J. SAFETY SERVICES

Public safety services that provide fire, police, or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services.

88-805-03-K. SCHOOL

Public and private schools at the primary, elementary, junior high, or high school level that provide state-mandated basic education.

88-805-03-L. UTILITIES AND SERVICES

1.

MINOR, BASIC

a.

Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and services generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment; and emergency communication broadcast facilities.

b.

The production, collection, or distribution of renewable energy, water, organic waste, or other similar resources at a neighborhood, district, or campus-scale are classified as minor, basic utilities and services. This includes renewable, distributed energy facilities; neighborhood composting areas; and neighborhood stormwater facilities.

c.

District, neighborhood, or campus-scale systems that produce or distribute energy from the biological breakdown of organic matter produced within that neighborhood or campus are considered minor, basic utilities and services.

d.

Energy production systems that generate energy from the byproducts of the principal use are considered accessory uses, including net metered installations and installations that generate power to sell at wholesale to the power grid.

e.

Infrastructure required for the operation of fixed-rail transportation including but not limited to OCS poles, rails, vehicle maintenance facilities, and traction power substation.

2.

MAJOR

Infrastructure services that typically have substantial land-use or operational impacts on surrounding areas. Typical uses include but are not limited to utility-scale power generation facilities, water and wastewater treatment facilities, high-voltage electric substations, water treatment plants, and major water storage facilities, such as water towers and reservoirs.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013; Ord. No. 140919, § A, 11-13-2014; Ord. No. 170806, § A, 10-12-2017)

The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following use categories.

88-805-04-A. ADULT BUSINESS

"Adult business" is an inclusive term used to describe collectively: adult cabaret; adult motion picture theatre; adult media store; bathhouse; massage shop; modeling studio; and/or sex shop. This collective term does not describe a specific land use and will not be considered a single use category.

1.

ADULT CABARET

An adult live entertainment facility, or that part of an adult live entertainment facility, that regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.

2.

ADULT MEDIA STORE

An establishment that rents and/or sells adult media and that meets any of the following tests:

(a)

More than 40% of the gross public floor area is devoted to adult media;

(b)

More than 40% of the stock in trade consists of adult media; or

(c)

A media store that advertises or holds itself out in any forum as "XXX," "adult," "sex" or otherwise as an adult business.

3.

ADULT MOTION PICTURE THEATER

A building or portion of a building (including any portion of a building that contains more than 150 square feet) used for presenting motion pictures, movies, videos or other projected images if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if, as a prevailing practice, the movies, videos or other material presented are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

4.

BATHHOUSE

An establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the state.

5.

MASSAGE SHOP

An establishment that has a fixed place of business having a source of income or compensation derived from the practice of any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of, external parts of the human body with the hands or with the aid of any mechanical, electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity provided that this term does not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the state.

6.

MODELING STUDIO

Modeling studio means an establishment or business that provides the services of modeling for the purposes of reproducing the human body, wholly or partially in the nude, by means of photography, painting, sketching, drawing, or otherwise.

7.

SEX SHOP

A business offering goods for sale or rent and that meets any of the following tests:

(a)

It offers for sale items from any two of the following categories: adult media; sexually-oriented toys or novelties; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10% of the stock in trade of the business or occupies more than 10% of the gross public floor area of the business;

(b)

More than 5% of the stock in trade of the business consists of sexually-oriented toys or novelties; or

(c)

More than 5% of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.

88-805-04-B. ANIMAL SERVICES

The following are animal services use types:

1.

SALES AND GROOMING

Sales and grooming of dogs, cats, and similar small animals. Typical uses include pet stores, dog bathing and clipping salons, and pet grooming shops.

2.

SHELTER OR BOARDING KENNEL

Animal shelters and kennel services for dogs, cats, and small animals. Typical uses include boarding kennels, pet resorts/hotels, dog training centers, and animal rescue shelters.

3.

VETERINARY

Typical uses include pet clinics, dog and cat hospitals, and animal hospitals.

4.

STABLE

Stables and boarding facilities for horses and similar large animals.

88-805-04-C. ARTIST WORK OR SALES SPACE

Floor space devoted to the production, showing, or sale of art. Typical uses include art galleries and artist studios, but not including art museums. Art museums are classified in the "Libraries and Cultural Exhibits" use category.

88-805-04-D. BUILDING MAINTENANCE SERVICE

Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance, and window cleaning services. Also includes exterminator services for residential, commercial, or industrial applications.

88-805-04-E. BUSINESS EQUIPMENT SALES AND SERVICE

Sales, rental, or repair of office, professional and service equipment and supplies to companies rather than to individuals. Excludes automotive and heavy equipment sales or service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.

88-805-04-F. BUSINESS SUPPORT SERVICE

Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Typical uses include employment agencies and telephone answering services and business or trade schools. Business or trades schools that involve outdoor storage and work areas or manufacturing processes are not considered business support services but rather are to be classified in an Industrial use group category.

1.

DAY LABOR EMPLOYMENT AGENCY

Any enterprise, other than a labor union or a not-for-profit organization, engaged in procuring or providing persons to perform temporary unskilled work at a site other than the day labor business premises in which (1) the day laborers are paid, by the day labor business or a third party employer, each work day or on the business day following the work day, and (2) persons arrive at the day labor business premises to make application for work as a day laborer, to obtain assignment for day labor, to obtain transportation to a day labor site or to obtain payment of wages or benefits for day labor. For purposes of this definition, "unskilled work" means work involving physical tasks for which the (1) the worker is not required by law to hold a professional or occupational license, or (2) the employer or contractor controlling the site of the work does not require the worker to have (a) a high school diploma or its equivalent, or (b) education beyond high school, or (c) relevant vocational education or (d ) demonstrated proficiency with a specified type of machinery to be used in the work, but does not include white collar, secretarial, clerical or professional work.

88-805-04-G. COMMUNICATIONS SERVICE ESTABLISHMENTS

Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "major utilities and services" and "minor utilities." Typical uses include recording studios, television and radio studios, telecommunication service centers, data centers, and telegraph service offices.

88-805-04-H. DRIVE-THROUGH FACILITY

Any service window, automated device or other facility that provides goods or services to individuals in a motor vehicle. Also includes "drive-in" businesses and facilities, such as drive-in restaurants and car washes.

88-805-04-I. EATING AND DRINKING ESTABLISHMENTS

Provision of prepared food and/or beverages for on- or off-premises consumption. Typical uses include restaurants, taverns, and nightclubs.

1.

RESTAURANT

An establishment primarily engaged in serving prepared food to the public and in which sales of such prepared foods and meals constitutes at least 50% of the establishment's gross income, pursuant to Chapter 10 of the municipal code.

2.

TAVERN OR NIGHTCLUB

An establishment that is not a restaurant and that is primarily engaged in the serving of alcohol for consumption on the premises or engaged in allowing the smoking of tobacco or other substances.

88-805-04-J. ENTERTAINMENT VENUES AND SPECTATOR SPORTS

Provision of cultural, entertainment, athletic and other events to spectators, such as occurs in theaters, cinemas, auditoriums, fairgrounds, sports stadiums and racetracks. The following are spectator sports and entertainment use types:

1.

SMALL VENUE

Entertainment and spectator sports establishments with a capacity of no more than 149 persons. Typical uses include small theaters and meeting or banquet halls.

2.

MEDIUM VENUE

Entertainment and spectator sports establishments with a capacity of more than 149 and fewer than 500 persons. Typical uses include theaters and meeting or banquet halls.

3.

LARGE VENUE

Entertainment and spectator sports establishments with a capacity of 500 persons or more. Typical uses include large theaters, cinemas and meeting or banquet halls.

4.

OUTDOOR VENUE

Entertainment and spectator sports functions held outdoors. Typical uses include theaters, fairgrounds, sports stadiums, and racetracks.

88-805-04-K. FINANCIAL SERVICES

Financial or securities brokerage services. Typical uses include banks, savings and loans, credit unions, mortgage companies, pawnshops, and short-term loan establishments.

1.

BANK

An establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. "Bank" also includes credit unions that are federally or state chartered, and mortgage companies that provide mortgage loans as a principal part of their operation, with the loans secured by an interest in real property as collateral for the loan.

2.

PAWN SHOP

Businesses that lend money on the security of pledged goods or that is engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Pawnshops and pawnbrokers are further governed by Chapter 367, RSMo.

3.

SAVINGS AND LOAN ASSOCIATION

An establishment that is engaged in the business as a savings and loan association and is federally chartered or state chartered.

4.

SHORT-TERM LOAN ESTABLISHMENT

An establishment which (a) engages in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck or car title, or (b) is registered as a lender under state or federal law. The classification does not include a state or federally chartered bank, savings and loan association, credit union, or mortgage broker or originator. Further, this classification does not include establishments selling consumer goods, including consumables, where the loans or the cashing of checks or money orders are incidental to the main purpose of the business. This classification does include, but is not limited to, check cashing stores, payday loan stores, and car title loan stores.

88-805-04-L. FOOD AND BEVERAGE RETAIL SALES

Retail sale of food and beverages for home consumption. Typical uses include groceries and liquor stores.

88-805-04-M. FUNERAL AND INTERMENT SERVICES

Provision of services involving the care, preparation, or disposition of human dead. The following are funeral and interment services use types:

1.

CEMETERY/COLUMBARIUM/MAUSOLEUM

Land or facilities used for burial of the dead, including pet cemeteries.

2.

CREMATING

Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories and crematoriums.

3.

UNDERTAKING

Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.

88-805-04-N. GASOLINE AND FUEL SALES

Uses primarily engaged in retail sales of personal automobile and vehicle fuels, including principal and accessory structures associated with fuel sales, including DC fast charging, rapid, or level 3 battery charging stations, battery exchange stations and retail electric charging of vehicles.

88-805-04-O. LODGING

Provision of lodging services on a temporary basis of not more than 30 days, with incidental food, drink and other sales and services intended for the convenience of guests. The following are lodging use types:

1.

BED AND BREAKFAST

A detached house in which the owner offers overnight accommodations and meal service to guests for compensation.

2.

HOTEL/MOTEL

An establishment, other than a detached house, in which short-term lodging is offered for compensation and that may or may not include the service of one or more meals to guests. Typical uses include hotels, motels, and boarding houses.

3.

RECREATIONAL VEHICLE PARK

A development site, parcel, or tract of land designed, maintained or intended to be used for the purpose of providing short-term accommodation of not more than 30 days for placement of two or more recreational vehicles, including all buildings used or maintained for the use of the occupants in the recreational vehicle park.

88-805-04-P. OFFICE

1.

ADMINISTRATIVE, PROFESSIONAL OR GENERAL OFFICE

Professional, governmental, executive, management, or administrative offices of private organizations or government agencies. Typical uses include administrative offices, law offices, architectural firms, insurance companies, and government offices.

2.

MEDICAL OFFICE

Personal health services including prevention, diagnosis and treatment; rehabilitation services provided by physicians, dentists, nurses, and other health personnel; and medical testing and analysis services, including marijuana testing facilities. Typical uses include medical and dental offices, health maintenance organizations, blood banks, plasma centers, and government-operated health centers. Excludes use types more specifically classified, such as hospitals.

88-805-04-Q. PARKING, NON-ACCESSORY

Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and non-accessory parking is classified as non-accessory parking.

88-805-04-R. PERSONAL IMPROVEMENT SERVICE

Informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include hair salons, barber shops, beauty shops, nail salons, health clubs, yoga or dance studios, driving schools and martial arts studios.

88-805-04-S. REPAIR OR LAUNDRY SERVICE, CONSUMER

Provision of repair, dry cleaning, or laundry services to individuals and households, but not to firms. Excludes vehicle and equipment repair. Typical uses include laundry/dry cleaning drop-off stations (with no dry cleaning on the premises), hand laundries, appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.

88-805-04-T. RESEARCH SERVICE

An establishment that conducts educational, scientific, high-technology or medical research not involving the mass production, distribution, or sale of products. Includes marijuana testing facilities. Research services do not produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property. Research-related establishments that do produce such external impacts are classified as "manufacturing, production, and industrial services."

88-805-04-U. RESIDENTIAL SUPPORT SERVICES

Commercial uses provided primarily to serve the needs of residents in large, multi-unit residential buildings. The following are considered residential support services:

1.

Restaurants;

2.

Financial services, except pawnshops, consumer loan agencies, and payday loan stores;

3.

Food and beverage retail sales;

4.

Medical office (other than blood/plasma center);

5.

Administrative, Professional, or General Offices;

6.

Personal improvement service; and

7.

Retail sales establishments.

88-805-04-V. RETAIL SALES

Businesses involved in the sale, lease, or rent of new or used products or merchandise to consumers. Typical uses include drug stores, grocery stores, department stores, and apparel stores. Also includes comprehensive marijuana dispensary facilities and medical marijuana dispensary facilities.

1.

OUTDOOR RETAIL SALES - CLASS A

Outdoor retail sales - class A are permanent uses outside of a completely enclosed building or structure used to display goods for sale to the general public as part of and subordinate to retail sales or similar business establishment. This includes but is not limited to garden supplies, building supplies, and plant materials.

2.

OUTDOOR RETAIL SALES - CLASS B

Outdoor retail sales - class B are permanent uses where the majority of the retail space is outdoors and items are for sale to the general public. This includes but is not limited to garden nurseries, manufactured home sales, and recreational and play equipment sales.

88-805-04-W. SPORTS AND RECREATION, PARTICIPANT

Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a nonrecurring basis). Examples include bowling alleys, skating rinks, billiard parlors, driving ranges and miniature golf courses, shooting and archery ranges, batting cages, and go-cart tracks.

88-805-04-X. VEHICLE SALES AND SERVICE

Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types:

1.

CAR WASH/CLEANING SERVICE

A building or site containing facilities for washing automobiles. It may use automatic production line methods—a chain conveyor, blower, steam cleaning device, or other mechanical device—or it may provide space, water and equipment for hand washing, cleaning or detailing of automobiles, whether by the customer or the operator.

2.

HEAVY EQUIPMENT SALES/RENTALS

Sale, retail or wholesale and/or rental from the premises of heavy construction equipment, trucks and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.

3.

LIGHT EQUIPMENT SALES/RENTALS

Sale, retail, wholesale, or rental from the premises of new autos, new noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, recreational vehicles and boat dealers, together with incidental maintenance. Typical uses include new automobile franchise dealers, boat dealers, car rental agencies and recreational vehicle sales and rental agencies.

4.

MOTOR VEHICLE REPAIR, LIMITED

a.

A vehicle repair establishment that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. Customers generally wait in the car or at the establishment while the service is performed. Examples include quick lube services.

b.

Also included vehicle repair establishments that provide replacement of passenger vehicle parts or repairs that do not involve body work or painting or require removal of the engine head or pan, engine transmission or differential. Examples include tire, muffler and transmission shops.

5.

MOTOR VEHICLE REPAIR, GENERAL

Any vehicle repair activity other than "minor vehicle repair." Examples include repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles.

6.

VEHICLE STORAGE AND TOWING

Storage of operating motor vehicles or vehicle towing services. Typical uses include towing services; private tow lots; impound yards; parking station for buses; and fleet storage yards. Includes the use of a site for temporary storage of motor vehicles to be sold, rented, salvaged, dismantled, or repaired for a period of not more than 15 days.

7.

VEHICLE SALES, USED

A parcel or lot of land operated by a used motor vehicle dealer, being any motor vehicle dealer who is not a new motor vehicle franchise dealer, for the purpose of selling, bartering, or exchanging used motor vehicles.

(Ord. No. 100773, § 1, 1-13-2011; Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012; Ord. No. 140919, § A, 11-13-2014; Ord. No. 150313, § A, 4-30-2015; Ord. No. 150600, § A, 7-23-2015; Ord. No. 160341, § 1, 5-12-2016; Ord. No. 524, 7-17-2015; Ord. No. 160759, § 1, 10-20-2016; Ord. No. 170061, § A, 3-23-2017; Ord. 190430, § A, 7-11-2019; Ord. No. 190566, § A, 7-18-2019; Ord. No. 220398, § 1, 5-19-2022; Ord. No. 230124, § 2, 2-9-2023; Ord. No. 240411, § 2, 9-12-2024; Ord. No. 240861, § 3, 9-26-2024; Ord. No. 250530, § 5, 9-11-2025)

The industrial use group includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities. The industrial use group includes the following use categories:

88-805-05-A. JUNK/SALVAGE YARD

An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk or salvage yard includes an auto wrecking yard, but does not include waste-related uses or recycling facilities.

1.

AUTO WRECKING

The collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

88-805-05-B. MANUFACTURING, PRODUCTION AND INDUSTRIAL SERVICES

1.

ARTISAN

On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include food and beverage production such as distilleries, breweries, and caterers; small scale personal and household product manufacturing such as woodworking and cabinet shops, ceramic studios, jewelry manufacturing, and similar types of arts and crafts; or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.

2.

LIMITED

Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: comprehensive medical marijuana-infused products manufacturing facilities and medical marijuana-infused products manufacturing facilities, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; a contractor's establishment if the principal use is fabrication and manufacturing; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.

3.

GENERAL

a.

Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include; asphalt plants, concrete plants, textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. Also includes medical, scientific, or technology-related research establishments that produce odors, dust, vibration, noise, or other external impacts that are detectable beyond the property lines of the subject property.

b.

Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products, or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as "repair or laundry services."

4.

INTENSIVE

Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, and radioactive materials. Also includes smelting, animal slaughtering, and oil refining.

88-805-05-C. MINING/QUARRYING

The extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel, or other aggregate materials; mining; and oil and gas drilling.

88-805-05-D. RECYCLING SERVICE

Any building, portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.

1.

LIMITED

A recycling facility in which recyclable materials are temporarily stored or collected, or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans, and glass items are considered an accessory use and may be allowed in any zoning district.)

2.

GENERAL

A recycling facility that, in addition to any activity permitted as part of a limited recycling service, engages in processing of recyclable materials such as cleaning, bundling, compacting, or packing of recyclable materials.

88-805-05-E. SELF-STORAGE WAREHOUSES

Storage or warehousing service for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere.

88-805-05-F. WAREHOUSING, WHOLESALING, STORAGE, AND FREIGHT MOVEMENT

Storage, wholesale sales, and distribution of materials and equipment. Typical uses include storage warehouses; moving and storage firms; trucking or cartage operation; truck staging or storage areas; outdoor storage areas; and wholesale sales of materials and equipment to parties other than the general public.

88-805-05-G. WASTE-RELATED USE

Waste-related uses are characterized by the receiving of solid or liquid wastes from other users and sites for transfer to another location; by the collection of sanitary wastes, or other approved waste materials for on-site disposal in landfills; or by the manufacture or production of goods from the composting of organic material. Biomass energy systems that produce energy from the biological breakdown of organic matter produced on-site are considered accessory to the principal waste-related use of the site, except that small, neighborhood or campus-scale waste-to-energy systems are minor, basic utilities and services. The following are specific examples of waste-related uses:

1.

DEMOLITION DEBRIS LANDFILL

A facility or site used for the disposal of demolition waste, construction materials, used building materials, brush, wood waste, soil, rock, concrete and inert solids soluble in water.

2.

SOLID WASTE SEPARATION FACILITY

A facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.

3.

TRANSFER STATION

A facility for the transfer and packing of solid waste from smaller collecting vehicles to larger transport vehicles.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 130441, § 1, 7-11-2013; Ord. No. 140919, § A, 11-13-2014; Ord. No. 150233, § 1, 5-28-2015; Ord. No. 150600, § A, 7-23-2015; Ord. No. 170061, § A, 3-23-2017; Ord. No. 170806, § A, 10-12-2017; Ord. 190430, § A, 7-11-2019; Ord. No. 220398, § 1, 5-19-2022; Ord. No. 230124, § 2, 2-9-2023)

The agricultural use group includes the following:

88-805-06-A. AGRICULTURE, CROP

The use of land for the production of row crops, field crops, tree crops; timber, bees, apiary products, or fur-bearing animals. Also includes comprehensive marijuana cultivation facilities and medical marijuana cultivation facilities.

88-805-06-B. AGRICULTURE, ANIMAL

The feeding, breeding, raising or holding of cattle, swine, poultry or other livestock, whether held in a confinement area or open pasture. Also includes the killing, butchering or dressing of livestock, fowl, fish or other animals raised on the premises. Such killing, butchering or dressing shall be done within an accessory building (or principal building if animal agriculture is the principal use on the lot), which building shall be located not less than 200 feet from any property line.

(Ord. No. 160341, § 1, 5-12-2016; Ord. 190430, § A, 7-11-2019; Ord. No. 230124, § 2, 2-9-2023)

The accessory services use group includes the following:

88-805-07-A. WIRELESS COMMUNICATION FACILITY

Facilities related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals, and may include, but is not limited to radio towers, television towers, telephone exchanges, micro-wave relay towers, telephone transmission equipment buildings, commercial mobile radio service facilities or other personal wireless services (such as cellular, personal communication service [PCS], paging, specialized mobile radio [SMR], and other similar services). This use category includes all associated equipment unless the written context clearly indicates that another meaning is intended. The term "associated equipment" is to be read broadly and in context. Associated equipment may include, but is not limited to: antenna, equipment shelter or platform, lighting, monopole tower, mounting hardware, supporting electrical or mechanical equipment, and guy system.

1.

CO-LOCATED FACILITY

A wireless telecommunication facility that is attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of 2 or more antenna systems.

2.

FREESTANDING FACILITY

A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances.

(Ord. No. 120783, § 1, 10-4-2012)

A secondary dwelling unit on the same lot as a principal dwelling unit. The accessory dwelling unit may be occupied by an independent household from that occupying the principal dwelling unit.

(Ord. No. 220698, § 1, 9-15-2022)

Parking provided to comply with minimum off-street parking requirements and non-required parking that is provided exclusively to serve occupants of or visitors to a particular use, rather than the public at-large.

(Ord. No. 120783, § 1, 10-4-2012)

A structure that is subordinate in area, extent, and purpose to the principal use and building on the zoning lot and that is customarily used in conjunction with a permitted accessory use.

(Ord. No. 120783, § 1, 10-4-2012)

A use that is subordinate in area, extent, and purpose to the principal use on the zoning lot and that is customarily found in conjunction with a permitted principal use.

(Ord. No. 120783, § 1, 10-4-2012)

Modification of an otherwise applicable standard, approved in accordance with Article 88-570.

(Ord. No. 120783, § 1, 10-4-2012)

The city planning and development director.

(Ord. No. 130814, § B, 5-1-2014)

Magazines, books, videotapes, movies, slides, cd-roms, digital video discs, other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(Ord. No. 120783, § 1, 10-4-2012)

A household having income equal to or below seventy percent (70%) of the median income for all households within Kansas City, Missouri, as estimated and reported by the American Community Survey 5-Year Estimates, as updated from time-to-time, would be able to afford it if it were to expend not more than thirty percent (30%) of such income for the mortgage or rent, including other housing expenses such as property taxes, insurance, and utilities.

(Ord. No. 180723, § A, 4-18-19)

A person duly authorized to act on behalf of a property owner.

(Ord. No. 120783, § 1, 10-4-2012)

A public right-of-way that affords a secondary means of access to abutting property.

(Ord. No. 120783, § 1, 10-4-2012)

A permitted use or special use in the subject zoning district.

(Ord. No. 120783, § 1, 10-4-2012)

Request for review of a final order, interpretation, or decision.

(Ord. No. 120783, § 1, 10-4-2012)

Physical features of buildings.

(Ord. No. 120783, § 1, 10-4-2012)

An artboard is an outdoor advertising sign used for the display of original paintings, illustrations and photographs.

(Ord. No. 150407, § 1, 7-9-2015)

An electronically powered machine activated by a means of a coded celluloid card or other similar device that permits banking transactions.

(Ord. No. 120783, § 1, 10-4-2012)

An architectural projection that provides weather protection, identity, or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

(Ord. No. 120783, § 1, 10-4-2012)

B Terms

An establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. "Bank" also includes credit unions that are federally or state chartered, and mortgage companies that provide mortgage loans as a principal part of their operation. with the loans secured by an interest in real property as collateral for the loan.

(Ord. No. 120783, § 1, 10-4-2012)

Any zoning district that is not an overlay district.

(Ord. No. 120783, § 1, 10-4-2012)

An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A battery charging station capable only of slow charging, with a voltage no greater than 120.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A battery charging station capable only of slow to medium charging, with a voltage no greater than 240.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A battery charging station capable of fast or rapid charging, with a voltage greater than 240.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A facility designed to enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery for a more fully charged battery through an automated process.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Products, techniques, or methods that have been shown to be the most reliable and effective way to minimize adverse impacts on natural resources, particularly stormwater quality.

(Ord. No. 120783, § 1, 10-4-2012)

A system in which a fleet of bicycles is made available for short-term rental or use by the general public.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A designated area where bicycle-share program bicycles are stored and from which the general public may obtain or return bicycles as part of a bicycle-share service.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Energy produced from the biological breakdown of organic matter.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A piece or parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination. The city planning and development director may decide any question regarding the limits or extent of a block.

(Ord. No. 120783, § 1, 10-4-2012)

All lots abutting one side of a street between the two nearest intersecting streets.

(Ord. No. 120783, § 1, 10-4-2012)

A form of surety or guaranty agreement which contains the promise of a third party, usually a bonding company, to complete or pay for the cost of completion of public improvements if the developer defaults.

(Ord. No. 120783, § 1, 10-4-2012)

An exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, book store means a retail store offering for sale or rent books, magazines or other printed material for consumption or enjoyment off the premises, provided that any store in which material falling within the definition of "adult media" constitutes more than 40% of the stock in trade and/or occupies more than 40% of the gross public floor area is deemed an "adult media store." See special conditions in applicable zoning districts for book stores in which adult media constitutes more than 10% but not more than 40% of the stock in trade or occupies more than 10% but not more than 40% of the gross public floor area.

(Ord. No. 120783, § 1, 10-4-2012)

Any street designated on the Major Street Plan as a boulevard.

(Ord. No. 150544, § 1, 7-23-2015)

Generally bounded by Wornall Road, Brookside Boulevard and KCATA right-of-way on the west; Main Street on the east; a line approximately 140 feet north of 63rd Street, 62nd Terrace and a line approximately 120 feet north of 62nd Terrace on the north; and lines approximately 150 feet, 110 feet and 250 feet north of Meyer Boulevard and a line approximately 130 feet south of 63rd Street on the south.

(Ord. No. 120783, § 1, 10-4-2012)

Any structure that is permanently affixed to the land and built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.

(Ord. No. 120783, § 1, 10-4-2012)

See "completely enclosed building."

(Ord. No. 120783, § 1, 10-4-2012)

The amount of a lot covered by buildings.

(Ord. No. 120783, § 1, 10-4-2012)

The vertical distance from grade to a fixed point on the building. (See 88-820-13 for rules governing measurement of building height)

(Ord. No. 120783, § 1, 10-4-2012)

An imaginary line representing the actual location of an exterior building wall.

(Ord. No. 120783, § 1, 10-4-2012)

The volume of a building (in cubic yards or feet or in cubic meters) measured from the average roof level, and from outside to outside of exterior walls, but not including breezeways, porches, or terraces.

(Ord. No. 180600, § 1, 8-23-2018

See "principal building."

(Ord. No. 120783, § 1, 10-4-2012)

See "residential building."

(Ord. No. 120783, § 1, 10-4-2012)

C Terms

The combined crowns of all trees on a tract of land.

(Ord. No. 220961, § 2, 3-16-2023)

An accessory building containing a private garage and one dwelling unit. See also 88-305-05.

(Ord. No. 120783, § 1, 10-4-2012)

A system in which a fleet of cars (or other motor vehicles) is made available for use by members of the car-share program and that exhibit all of the following characteristics:

•

members are permitted to use vehicles from the car-share program fleet on an hourly basis;

•

car-share vehicles are generally available 24 hours a day and 7 days a week to members in parking spaces at dispersed locations or facilities; and

•

no separate written agreement is required each time a member reserves and uses a car-share vehicle.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A motor vehicle from a car-share program fleet.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A certificate issued by the landmarks commission, historic preservation commission or other city design review board to indicate its approval of an application for an exterior alteration for which the board or commission has review authority.

(Ord. No. 120783, § 1, 10-4-2012)

A determination that a legal nonconformance has been established. A certificate of occupancy for a legal nonconforming use, as previously required, will be deemed to be a certificate of legal nonconformance.

(Ord. No. 120783, § 1, 10-4-2012)

An association of neighborhoods, businesses, cultural institutions, or individuals, who work together formally to promote business development and collaborate to develop healthy neighborhoods.

(Ord. No. 120783, § 1, 10-4-2012)

Any act that removes vegetative cover, structures or surface material, including, but not limited to, topsoil, root mat, or surface layer removal.

(Ord. No. 120783, § 1, 10-4-2012)

An unheated structure no more than 4 feet in height used for protecting seedlings and plants from the cold.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A business classified in the commercial use group (See 88-805-04), the ownership, management and physical location of which are separate and distinct from those of any other place of business located on the same zoning lot, as partly evidenced by maintaining separate and distinct doors and access points.

(Ord. No. 120783, § 1, 10-4-2012)

A message which directs attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity.

(Ord. No. 120783, § 1, 10-4-2012)

Any motor vehicle having at least one of the following attributes:

1.

Having a gross weight, whether loaded or unloaded, in excess of 18,000 pounds or exceeding 22 feet in length and designed to carry passengers for hire, or to haul or tow vehicles, freight, or merchandise; or

2.

Any tractor, backhoe, blade, bucket, bulldozer, compactor, crane scraper, excavator, front-end loader, or other contractor's equipment or attachment; or

3.

Any tow truck, dump truck, step van, refuse or garbage truck, bus, semi-tractor cab or trailer, or other similar vehicle; or

4.

Any agricultural tractor, farm implement or attachment, moving equipment or attachment, brush hog, trimmer, spreader and other lawn, landscape and turf maintenance equipment or attachments, or other similar equipment.

(Ord. No. 160454, § B, 6-23-2016)

An outdoor area designated and intended for the common use and enjoyment of residents or occupants of the development or other members of the controlling association.

(Ord. No. 120783, § 1, 10-4-2012)

The densification of a fill by mechanical means.

(Ord. No. 220961, § 2, 3-16-2023)

A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

(Ord. No. 120783, § 1, 10-4-2012)

A facility specializing in the composting of more than 40 cubic yards of one or more organics of a known and consistent composition, other than mixed municipal waste, to produce a marketable product for reuse or as a soil conditioner. Feedstocks may include, but are not limited to, yard/landscape waste, biosolids, or foodwaste.

(Ord. No. 120783, § 1, 10-4-2012)

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

(Ord. No. 230124, § 3, 2-9-2023)

A facility licensed by the department to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.

(Ord. No. 230124, § 3, 2-9-2023)

A facility licensed by the department to acquire, process, package store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient or primary caregiver, as those terms are defined in section I of this Article, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for 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 this Article and provided for by general local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

(Ord. No. 230124, § 3, 2-9-2023)

A facility licensed by the department to acquire, process, package, store, manufacture, transport to or from a medical facility comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused product manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

(Ord. No. 230124, § 3, 2-9-2023)

A system of separate ownership of individual units with each unit owner entitled to a percentage ownership in the common elements evidenced by the recording of a plat and declaration of condominium pursuant to RSMo ch. 448.

(Ord. No. 120783, § 1, 10-4-2012)

The maps or drawings prepared by a registered professional engineer accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision, as a condition of the approval of the plat.

(Ord. No. 120783, § 1, 10-4-2012)

Trees having crowns that touch or having trunks within 50 feet of another. Shall be a minimum of 35 feet wide.

(Ord. No. 220961, § 2, 3-16-2023)

A lot situated at the intersection of 2 streets, the interior angle of such intersection not exceeding 135 degrees.

(Ord. No. 120783, § 1, 10-4-2012)

The area of the city included within the following general boundaries: Summit Street, Jefferson Street and Pennsylvania Avenue on the west; W. 47th Street, W. 46th Street, and W. 46th Terrace on the north; Broadway, Wyandotte Street, and Mill Creek Parkway on the east; and Ward Parkway on the south and more specifically portrayed by the Country Club Plaza Boundary Map set forth below.

(Ord. No. 151036, § 1, 1-7-2016; Ord. No. 250639, § 3, 9-11-2025

The area of the city included within the following boundaries: Truman Road on the north, Troost Avenue on the east, the Kansas City Terminal Railway tracks on the south, and by Broadway Avenue between Truman Road and Southwest Boulevard and by Interstate 35 between Southwest Boulevard and the Kansas City Terminal Railway tracks on the west.

(Ord. No. 120783, § 1, 10-4-2012)

A local street with only one outlet and having a terminal for the safe and convenient reversal of traffic movement.

(Ord. No. 120783, § 1, 10-4-2012)

All of those physical features of an area that either independently or by virtue of their interrelationship are generally identified and described as being important products of human thought and action characteristic of a population or community. The term "cultural attributes" includes "architectural attributes." The term "cultural attributes" does not refer to the characteristics or beliefs of people who may reside in or frequent a particular area.

(Ord. No. 120783, § 1, 10-4-2012)

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

(Ord. No. 120783, § 1, 10-4-2012)

Chopping, shearing, or shredding a tree, beyond removal of the crown, often performed with the intent of destroying the tree to remove roosting habitat of certain species in advance of development Does not include trimming or pruning.

(Ord. No. 220961, § 2, 3-16-2023)

D Terms

The date the authorized decision-maker or decision-making body took final action.

(Ord. No. 120783, § 1, 10-4-2012)

An uncovered and unenclosed exterior floor system elevated more than 30 inches from the ground and supported on at least 2 opposing sides by an adjoining building and/or posts, piers, or other independent supports.

(Ord. No. 120783, § 1, 10-4-2012)

The general term used to refer to the number of dwelling units allowed per unit of land area. It is expressed in this zoning and development code in terms of a minimum amount of lot area required per dwelling unit (minimum lot area per dwelling unit).

(Ord. No. 120783, § 1, 10-4-2012)

A dwelling unit that is located on its own lot and that is not attached to any other dwelling unit.

(Ord. No. 120783, § 1, 10-4-2012)

The person or entity undertaking the act of development. In the case of subdivisions, "developer" means the same as "subdivider."

(Ord. No. 120783, § 1, 10-4-2012)

Any application or petition for approval in accordance with the review and approval procedures of this zoning and development code.

(Ord. No. 120783, § 1, 10-4-2012)

A district that is established through approval of a development plan, preliminary development plan, master planned district, or urban redevelopment district, or a plan approved by the city council prior to the effective date of this ordinance.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 120939, § 2, 12-20-2012)

Node where two parkways meet and within a ¼ mile radius, as measured from the centerline of the intersection.

(Ord. No. 150544, § 1, 7-23-2015)

The diameter of a tree measured at a point 4.5 feet above the ground. If a tree splits into multi-trunks, the trunk is measured at its narrowest point below the split.

(Ord. No. 220961, § 2, 3-16-2023)

Systems that produce and distribute energy at a small area scale, such as a neighborhood or campus.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

The area of the city bounded by Interstate 35/70 on the north, Interstate 70 on the east; Interstate 670 on the south, and Interstate 35 on the west.

(Ord. No. 120783, § 1, 10-4-2012)

The area of the city zoned DC (Downtown Core) or DX (Downtown Mixed-Use) and included within the following boundaries: Wyandotte Street on the west, KC Terminal RR tracks on the south, Grand Boulevard on the east, East Missouri Avenue on the south, Locust Lane and Locust Street on the east, and East 2nd Street and West 2nd Street (extended) on the north.

(Ord. No. 120138, § A, 3-8-2012)

The area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outermost tips of the tree branches down to the ground.

(Ord. No. 220961, § 2, 3-16-2023)

See 88-805-04-H

(Ord. No. 120783, § 1, 10-4-2012)

Aspects of a drive-through facility that provide services to customers within a vehicle including the ordering areas including speaker boxes and menu boards, pneumatic tubes, and drive-thru service windows. Drive-through functions do not include walk-up or drive-in services.

(Ord. No. 170118, § A, 4-13-2017)

One or more rooms arranged, designed or used as independent living quarters for a single household. Buildings with more than one kitchen or more than one set of cooking facilities are deemed to contain multiple dwelling units unless the additional cooking facilities are clearly accessory and not intended to serve additional households.

(Ord. No. 120783, § 1, 10-4-2012)

E Terms

Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

(Ord. No. 120783, § 1, 10-4-2012)

The limits of the stream when the discharge is equal to the 50% storm flow based on rural conditions land use. Rural conditions land use flows can be estimated from U.S. Geological Survey regression equations.

(Ord. No. 120783, § 1, 10-4-2012)

Dwelling units specially designed and marketed for persons who are 62 years of age or older, but not including buildings containing equipment for surgical care or for the treatment of disease or injury, other than emergency first-aid-care.

(Ord. No. 120783, § 1, 10-4-2012)

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid or an off-board source, that is stored on-board via a battery "Electric vehicle" includes: (1) battery electric vehicles; and (2) plug-in hybrid electric vehicles.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Any electric vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries and that produces zero tailpipe emissions or pollution when stationary or operating.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

A public or private parking space that is served by battery charging station equipment.

88-810-574-A. ELECTRIC VEHICLE CHARGING STATION, LEVEL 1

An EV charging station served only by level 1 battery charging equipment.

88-810-574-B. ELECTRIC VEHICLE CHARGING STATION, LEVEL 2

An EV charging station served by level 2 battery charging equipment.

88-810-574-C. ELECTRIC VEHICLE CHARGING STATION, LEVEL 3

An EV charging station served by level 3 (rapid) battery charging equipment.

88-810-574-D. ELECTRIC VEHICLE CHARGING STATION, ACCESSIBLE

An EV charging station where the battery charging station is located within reach of an accessible parking space and an electric vehicle that is parked in such space.

88-810-574-E. ELECTRIC VEHICLE CHARGING STATION, PRIVATE (RESTRICTED-ACCESS)

An EV charging station that is not available for use by the general public. Examples include electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas.

88-810-574-F. ELECTRIC VEHICLE CHARGING STATION, PUBLIC

An EV charging station that is accessible to and available for use by the general public.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Any parking space that is clearly identified to be used exclusively for the parking of an electric vehicle.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

For the purposes of interpreting 88-415, "encroachment" is a temporary or permanent activity (such as clearing vegetation or constructing a permanent improvement) that occurs within a stream setback zone that is expressly prohibited within that zone in accordance with 88-415-04. Mitigation activities are not considered encroachment.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013)

Process by which the ground surface is worn away be the action of wind, water, ice, gravity, or artificial means, and/or land disturbance.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013)

F and G Terms

The exterior plane or "face" of a building.

(Ord. No. 120783, § 1, 10-4-2012)

The floodway or floodway fringe as identified by the Federal Emergency Management Agency or otherwise designated by the City of Kansas City, Missouri.

(Ord. No. 120783, § 1, 10-4-2012)

Floor area means the sum of the areas of the several floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics, and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

(Ord. No. 120783, § 1, 10-4-2012)

The ratio of the floor area of all principal buildings to the total area of the lot upon which such buildings are located. (See Chapter 18 for rules governing measurement of floor area ratio)

(Ord. No. 120783, § 1, 10-4-2012)

The floor area at grade or the first floor if elevated above grade of an accessory building or structure and includes any enclosed area therein for the parking of motor vehicles, areas of the building not provided with surrounding walls must be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

(Ord. No. 120783, § 1, 10-4-2012)

That property line is along the right-of-way line of an existing or dedicated public street, or when no public street exists, is along a public way.

(Ord. No. 120783, § 1, 10-4-2012)

The setback required between a building and the front property line of the lot on which the building is located, extending along the full length of the front property line between the side property lines.

(Ord. No. 120783, § 1, 10-4-2012)

In buildings that contain more than one dwelling unit on a single floor, front walls and rear walls are those walls that are generally perpendicular to the party walls between dwelling units. In buildings that do not contain more than one dwelling unit on a single floor, the front wall is the wall that is generally parallel and closest to the front property line and the rear wall is the exterior building wall opposite the front wall.

(Ord. No. 120783, § 1, 10-4-2012)

The actual area that exists between a building and the front property line of the lot on which the building is located, extending along the full length of the front property line between the side property lines. See also "Front Setback."

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 140919, § A, 11-13-2014)

That side of a lot abutting a street

(Ord. No. 120783, § 1, 10-4-2012)

Equipment that exchanges thermal energy between the ground (or a water source) and a building. This includes vertical closed loop, horizontal closed loop, water body closed loop system and open loop systems. Also known as ground source heat pumps and geothermal heat pumps.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Any excavating or filling of earth materials or any combination thereof.

(Ord. No. 220961, § 2, 3-16-2023)

The area generally bounded by the city limits of North Kansas City on the north, the state line on the west, 31st Street on the south and Woodland Avenue on the east.

(Ord. No. 150407, § 1, 7-9-2015)

A temporary or permanent structure that is primarily used for the cultivation of plants.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

H, I, J and K Terms

An accessory use of a dwelling unit for business or commercial purposes. Home occupations are subject to the standards of 88-305-04.

(Ord. No. 120783, § 1, 10-4-2012)

A temporary or permanent structure typically made of flexible pipe or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape, for the purposes of protecting and cultivating plants. A hoop house is considered more temporary than a greenhouse.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

The owner, operator, corporation, agent, or other authorized representative facilitating the rental of a short term rental property or unit.

(Ord. No. 170771, § 1, 2-22-2018)

A household is any of the following:

a.

An individual; or

b.

Two or more persons related by blood, marriage, or adoption; or

c.

A group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one kitchen; or

d.

A group of eight or fewer unrelated disabled persons, including those recovering from alcoholism or addiction to drugs, which may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the disabled persons residing in the home.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 230936, § B, 12-14-2023)

The total amount of a lot's impervious surface.

(Ord. No. 220997, § 1, 1-5-2023)

Any area covered by a roof, concrete, or asphalt surface.

(Ord. No. 220997, § 1, 1-5-2023)

International Society of Arboriculture.

(Ord. No. 220961, § 2, 3-16-2023)

A business classified in the industrial use group (See 88-805-05), the ownership, management and physical location of which are separate and distinct from those of any other place of business located on the same zoning lot, as partly evidenced by maintaining separate and distinct doors and access points.

(Ord. No. 120783, § 1, 10-4-2012)

Infill residential development shall mean any residential development (whether existing, new construction, or modification to an existing residential structure) on an infill residential lot.

(Ord. No. 220997, § 1, 1-5-2023)

Any lot lying in whole or in part within 200 ft of an infill residential lot and located on the same block face as an infill residential lot.

(Ord. No. 220997, § 1, 1-5-2023)

L Terms

Any activity that changes the physical conditions of landform, vegetation, and hydrology. Such activities include, but not limited to clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging, and storing of materials.

(Ord. No. 220961, § 2, 3-16-2023)

Substantially covered with grass, ground cover, shrubs, trees or other living plant material.

(Ord. No. 120783, § 1, 10-4-2012)

One who, by agreement with the owner of a property, acquires no interest or possession therein but only the right to occupy a room or rooms that remain in the owner's legal possession and who dwells in common with the household.

(Ord. No. 170771, § 1, 2-22-2018; Ord. No. 220398, § 1, 5-19-2022)

A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

(Ord. No. 120783, § 1, 10-4-2012)

See "corner lot."

(Ord. No. 120783, § 1, 10-4-2012)

Any lawfully created lot that is zoned residential and meets one or more of the following criteria:

1)

Described by deed or plat recorded prior to March 1, 1954, or

2)

Annexed into the corporate limits of Kansas City prior to March 1, 1954.

Infill residential lots are not subject to the lot consolidation provisions contained in Section 88-610-03-C of this zoning and development code.

(Ord. No. 220997, § 1, 1-5-2023)

A lot whose side lines do not abut a street.

(Ord. No. 120783, § 1, 10-4-2012)

See "reversed corner lot."

(Ord. No. 120783, § 1, 10-4-2012)

A subdivision of land for the purpose of transfer of ownership as approved in accordance with the requirements of 88-535-01-A.

(Ord. No. 120783, § 1, 10-4-2012)

See "through lot."

(Ord. No. 120783, § 1, 10-4-2012)

See "zoning lot."

(Ord. No. 120783, § 1, 10-4-2012)

A glass tube filled with a gas or gas mixture (including neo, argon, mercury, or other gases), usually of small diameter (10-15 mm), caused to emit light by the passage of an electronic current and commonly bent into various forms for use as decoration or signs. Does not include common fluorescent lights.

(Ord. No. 120783, § 1, 10-4-2012)

M Terms

The plan established by the city, pursuant to RSMo 89.480, showing the general alignment and functional classification of streets, highways and parkways of an ultimate urban arterial network. The purpose of this plan is to guide development of the arterial street network and to identify appropriate street rights-of-way to be secured at the time of subdivision platting. The plan may be amended, added thereto, or otherwise refined by the subdivision platting process or by the plan commission and city council.

(Ord. No. 120783, § 1, 10-4-2012)

Streets having, as their primary purpose, to provide for through traffic movement between areas and across the city, and having, as their secondary purpose, direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the major street plan as primary or secondary arterials.

(Ord. No. 120783, § 1, 10-4-2012)

Stormwater BMP planning and design reference approved by the American Public Works Association and the Mid-America Regional Council in September 2003, or the most current version adopted by the city.

(Ord. No. 120783, § 1, 10-4-2012)

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plan and marijuana-infused products. Marijuana does not include industrial hemp as defined by Missouri statute, or commodities or products manufactured from industrial hemp.

(Ord. 190430, § A, 7-11-2019; Ord. No. 230124, § 3, 2-9-2023)

Any comprehensive facility, medical facility, or marijuana testing facility.

(Ord. No. 230124, § 3, 2-9-2023)

A microbusiness facility licensed by the state where marijuana is dispensed for medical or adult use.

(Ord. No. 240411, § 3, 9-12-2024)

A facility licensed by the state as a microbusiness dispensary facility or microbusiness wholesale facility.

(Ord. No. 240411, § 3, 9-12-2024)

A facility licensed by the state where activities intended to facilitate scientific research or education related to marijuana product occur.

(Ord. No. 240411, § 3, 9-12-2024)

A facility certified by the state to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.

(Ord. No. 230124, § 3, 2-9-2023)

A microbusiness facility licensed by the state where marijuana cultivation operations for medical or adult use occur and/or where marijuana-infused projects and prerolls are manufactured for medical or adult use.

(Ord. No. 240411, § 3, 9-12-2024)

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.

(Ord. 190430, § A, 7-11-2019)

Any hood of noncombustible construction projecting more than 12 inches from the wall of a building above an entranceway and having a roof area greater than 12 square feet.

(Ord. No. 120783, § 1, 10-4-2012)

Vegetation adjacent to a stream consisting predominantly of mature trees (10-inch diameter breast height or greater), where at least 50% of the mature trees are of riparian or bottomland species as defined by The Terrestrial Natural Communities of Missouri (Nelson 2006).

(Ord. No. 120783, § 1, 10-4-2012)

For the purposes of interpreting 88-415, vegetation consisting predominantly of mature trees (10-inch diameter breast height or greater).

(Ord. No. 120783, § 1, 10-4-2012)

Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape, or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but is not necessarily limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, digital video discs, other magnetic media, and undeveloped pictures.

(Ord. No. 120783, § 1, 10-4-2012)

An exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In that context, media store means a retail store offering media for sale or rent for consumption or enjoyment off the premises; provided that any store in which adult media constitutes more than 40% of the stock in trade and/or occupies more than 40% of the gross public floor area is deemed an "adult media store." See special conditions in applicable zoning districts for media stores in which adult media constitutes more than 10% but not more than 40% of the stock in trade or occupies more than 10% but not more than 40% of the gross public floor area. This definition intentionally includes and is intentionally broader than the definition of "book store" and "video store."

(Ord. No. 120783, § 1, 10-4-2012)

Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana infused products manufacturing facility.

(Ord. No. 230124, § 3, 2-9-2023)

A facility licensed by the state to acquire, cultivate, process, package, store on or off site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cutting (also known as clones), to a medical dispensary facility, marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

(Ord. 190430, § A, 7-11-2019; Ord. No. 230124, § 3, 2-9-2023)

A facility licensed by the state to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused projects manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

(Ord. 190430, § A, 7-11-2019; Ord. No. 230124, § 3, 2-9-2023)

A facility licensed by the state to acquire, process, package, store on site or off site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused projects manufacturing facility.

(Ord. 190430, § A, 7-11-2019; Ord. No. 230124, § 3, 2-9-2023)

A facility certified by the state to acquire, test, certify, and transport marijuana.

(Ord. 190430, § A, 7-11-2019)

The replacement of trees removed during development to lessen the loss of tree canopy cover. Mitigation may be met by planting of trees on-site or by payment to the Capital Improvement Sales Tax Fund-Tree Planting, or a combination thereof.

(Ord. No. 220961, § 2, 3-16-2023)

An eating and drinking establishment or retail use operating out of a commercial vehicle.

(Ord. No. 160759, § 1, 10-20-2016)

Any booth, cubicle, stall or compartment that is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, CD-rom, books, magazines or periodicals) for observation by patrons therein. The terms "booth," "arcade booth," "preview booth," "video arcade booth," and "media room" are synonymous with the term "motion picture arcade booth." A motion picture arcade booth does not mean a theater, moviehouse, playhouse or a room or enclosure or portion thereof that contains more than 150 square feet. No part of this definition may be construed to permit more than one person to occupy a motion picture arcade booth at any time.

(Ord. No. 120783, § 1, 10-4-2012)

Any business wherein one or more motion picture arcade booths are located. The terms "establishment" and "video arcade" are synonymous with "motion picture arcade booth establishment."

(Ord. No. 120783, § 1, 10-4-2012)

Any passenger vehicle, truck, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

(Ord. No. 120783, § 1, 10-4-2012)

Any motor vehicle dealer who has been franchised to deal in a certain make of motor vehicle by the manufacturer or distributor of that make and motor vehicle and who may, in line with conducting business as a franchise dealer, sell, barter, or exchange used motor vehicles.

(Ord. No. 250530, § 6, 9-11-2025)

Any motor vehicle dealer who is not a new motor vehicle franchise dealer.

(Ord. No. 250530, § 6, 9-11-2025)

A residential building that contains 3 or more dwelling units that share common walls or common floors/ceilings with one or more dwelling units. The land upon which the building sits is not divided into separate lots.

(Ord. No. 120783, § 1, 10-4-2012)

The city and any other body politic, whether it is a city, town, village or political subdivision of this state, organized under the constitution of the state or under the laws of this state and by law for decision of the highest court of this state determined to be a municipal corporation.

(Ord. No. 120783, § 1, 10-4-2012)

N Terms

Any plant occurring naturally within the region and not introduced by man; indigenous.

(Ord. No. 220961, § 2, 3-16-2023)

A group of homeowners, renters, apartment dwellers, and representatives from neighborhood businesses, churches, and schools who organize to improve conditions in the neighborhood. Neighborhood association membership is voluntary or informal. Most neighborhood associations have regularly scheduled meetings, elect board of directors, and have by-laws. A neighborhood association is a recognized non-profit organization formed by residents in a designated neighborhood or community.

(Ord. No. 120783, § 1, 10-4-2012)

A group of individual residents and owners of real property (including businesses), within a certain defined geographic area of the city or a coalition of such groups, voluntarily formed for the purpose of collectively addressing issues and interests common to property owners within the defined area.

(Ord. No. 120783, § 1, 10-4-2012)

New buildings constructed and new land uses established in all zoning districts.

(Ord. No. 120783, § 1, 10-4-2012)

A message which does not direct attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity.

(Ord. No. 120783, § 1, 10-4-2012)

For lots that are not infill residential lots, a nonconforming lot is a lawfully created lot, shown on a plat or survey map recorded in the appropriate recorder of deeds office that does not comply with the most restrictive minimum lot area or lot width standards of the zoning district in which the lot is now located. An infill residential lot that either exceeds or does not meet the minimum lot area or lot width range of the relevant infill residential context area is a nonconforming lot.

(Ord. No. 220997, § 1, 1-5-2023)

A sign that was lawfully established, in accordance with zoning and other sign regulations in effect at the time of its establishment but that is no longer allowed by the regulations of this zoning and development code.

(Ord. No. 120783, § 1, 10-4-2012)

Maintenance associated with the general upkeep of a nonconforming sign which includes minor repair of rusted or damaged components, including nailing, cleaning and replacement of nuts and bolts, replacement of catwalks or handrails when required to resolve safety concerns, addition of catwalks when required by OSHA regulations, repainting, replacing of malfunctioning parts, and re-facing of existing signs when the re-facing does not result in any structural alterations, additional signs or additional sign appendages. Lighting fixtures may be repaired or replaced with fixtures of a similar size, including but not limited to repairs or replacements that increase energy efficiency. Existing digital sign faces (boxes) may be replaced with digital sign faces (boxes) of the same size. Existing tri-vision sign faces (boxes) may be replaced with tri-vision sign faces (boxes) of the same size. Routine maintenance of a nonconforming sign shall not include any addition of or increase in illumination, structural alterations, enlargements or expansions unless the alteration, enlargement or expansion will result in the elimination of the nonconforming aspects of the signs. Repairs that may be made include the relocation of electrical service lines, repairs due to theft or the replacement of component parts.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 120915, § A, 12-20-2012)

Any building or structure, other than a sign, that was lawfully established but no longer complies with this zoning and development code.

(Ord. No. 120783, § 1, 10-4-2012)

A land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with separation distance requirements are also deemed nonconforming uses.

(Ord. No. 120783, § 1, 10-4-2012)

Any nonconforming building, nonconforming lot, nonconforming sign, or nonconforming use.

(Ord. No. 120783, § 1, 10-4-2012)

Any motor vehicle that does not meet the definition of an "electric vehicle."

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)

Any zoning district other than a residential (R) district.

(Ord. No. 120783, § 1, 10-4-2012)

Shall refer to any facility regulated by Chapter 198 RSMo.

(Ord. No. 160759, § 1, 10-20-2016)

O Terms

Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

(Ord. No. 120783, § 1, 10-4-2012)

Any person operating, conducting, or maintaining an adult business.

(Ord. No. 120783, § 1, 10-4-2012)

The directional placement of a structure in relation to its surroundings, the street, and other structures.

(Ord. No. 120783, § 1, 10-4-2012)

Outdoor storage is the storage of any item outside of an enclosed building or structure and that is not accessible to the general public. This includes but is not limited to garden supplies, building supplies, plants, materials stored in crates, boxes, or shipping containers; lumber yards; pipe; contractor's equipment; and other similar uses.

(Ord. No. 120783, § 1, 10-4-2012)

Outdoor areas used for processing, assembly, or fabrication of goods and other similar activities that generally have an industrial orientation. Outdoor work areas do not include areas used for normal pick-up and deliveries to a site, parking, excavation and fills, outdoor eating areas, outdoor recreation, or outdoor markets.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 170061, § A, 3-23-2017)

A zoning district that over-lays one or more base zoning districts and imposes requirements in addition to those of the base district or modifies the standards otherwise applicable in the base district.

(Ord. No. 120783, § 1, 10-4-2012)

See "property owner."

(Ord. No. 120783, § 1, 10-4-2012)

A dwelling unit occupied as a principal residence by a person who either:

•

owns a 50% or greater fee interest in the dwelling; or

•

owns and/or controls a trust, corporation, limited liability company, partnership, or other legal entity that owns the fee interest in the dwelling.

(Ord. No. 120783, § 1, 10-4-2012)

P and Q Terms

A low wall used to protect the edges of a platform or roof or to screen roof-mounted mechanical equipment.

(Ord. No. 160759, § 1, 10-20-2016)

A structure, place, parcel of ground, yard or enclosure used in whole or in part for providing parking space for or storing of motor vehicles regardless of whether a fee is charged for the parking of motor vehicles. The term "parking facility" includes what are commonly known as parking garages (including multilevel parking station facilities), parking lots or parking spaces, and does not include on-street parking spaces or residential spaces as defined herein.

(Ord. No. 160454, § B, 6-23-2016)

Any street designated on the Major Street Plan as a parkway.

(Ord. No. 150544, § 1, 7-23-2015)

A business that lends money on the security of pledged goods or that is engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Pawnshops and pawnbrokers are further governed by chapter 367 RSMo.

(Ord. No. 120783, § 1, 10-4-2012)

A use permitted as-of-right in the subject zoning district in accordance with the applicable use regulations of this zoning and development code.

(Ord. No. 120783, § 1, 10-4-2012)

A semiconductor device that converts solar energy into electricity.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)