A.

Definitions and usage. For the purposes of this chapter, all words and terms used in this chapter are limited to the meanings given to them by this article or as specifically provided in another article of this chapter. Words and terms that are defined in another article of this chapter relate specifically to that article. Unless the context clearly indicates to the contrary, the following interpretations apply:

1.

Words used in the present tense shall include the future tense;

2.

Words used in the singular shall include the plural and words used in the plural shall include the singular;

3.

The word "shall" is mandatory;

4.

The words "used" or "occupied" shall include the phrases "intended," "designed" or "arranged to be used or occupied."

B.

Definitions in other chapters. If a word or term is not defined in this article but is defined elsewhere in this chapter or in the Lee's Summit Municipal Code, that definition shall be applicable unless the context indicates that a standard dictionary definition is more appropriate. Where a word or term is defined in this article and also defined elsewhere in this chapter, the definition contained in this article shall be generally applicable except in the article or section to which the other definition applies.

C.

Computation of time. Unless specifically provided, in computing any period of time stated in or allowed by this chapter, the day of the act, event, or default from which the stated period of time begins to run shall not be included. The last day of the period shall be included in the computation, unless it is a Saturday, Sunday or a legal holiday, and if it is, the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time proscribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall not be counted in the computation. A half-holiday shall be considered as other days and not as a holiday. "Legal holiday" includes any day designated as a holiday by the Congress of the United States, Missouri legislature or the Governing Body. Whenever a notice, petition or other document is required to be filed within a specified time period, the notice, petition or document must be filed with the appropriate City official or in the appropriate City office not later than 5:00 p.m. on the last day of the period as computed above.

D.

Joint ownership. Where this chapter permits or requires an act on the part of an "owner" or "landowner," and a particular lot or tract of land is owned by several persons, whether in joint tenancy, tenancy in common, partnership, joint venture or other form of joint ownership, the act shall be taken on behalf of, and with the express written consent of, all such persons, which written consent shall be provided to the City.

In some districts, performance or other standards capable of quantitative measurement are established. Except to the extent modified in the specific zoning district regulations, the following general provisions shall apply to measure compliance with these standards.

A.

Noise. A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (i.e., whether the pitch of the sound is high or low), an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter used to take required measurements. Accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter. Impact noises are sound that occur intermittently rather than continuously. Impact noises shall be measured using the fast response of the sound level meter. Unless specifically indicated to the contrary in the zoning district regulations, noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the indicated standard.

B.

Smoke. For the purpose of determining the density of equivalent opacity of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines, shall be used. The Ringlemann number indicated as the performance standard in certain zoning districts refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed.

C.

Vibration. Vibrations are measured in particle velocity and are to be measured at the property line or other designated location as specified by this chapter. The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions. The vibration maximums indicated as the standard in certain zoning districts may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F × D

Where:

PV = Particle velocity, inches-per-second.

F = Vibration frequency, cycles-per-second.

D = Single amplitude displacement of the vibration, inches.

The maximum velocity shall be the vector sum of the three components recorded. Unless specifically indicated to the contrary in the zoning district regulations, vibration resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the indicated standard.

D.

Glare. Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.

Abut shall mean to physically touch or border upon; to share a common property or lot line.

Access shall mean a way or means of approach to provide physical entrance to a property.

Accessory building or use shall mean a subordinate use of a building or land which is incidental to and customary in connection with the main building or use which is located on the same lot as the main building or use. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

(Ord. No. 9812, § 4(Exh. D), 12-12-2023)

See "Dwelling".

(Ord. No. 9812, § 4(Exh. D), 12-12-2023)

Accessory structure setback line shall mean a line delineating the minimum allowable distance between a property line or the right-of-way line of an abutting street and an accessory structure.

Addition shall mean an extension or increase in floor area or height of a structure.

Adequate public facilities means sufficient quantities of water, adequate water pressure, adequate infrastructure to provide the service, including proper distribution pipe size, adequate reserve capacity present, traffic capacity to handle existing and proposed need and adequate police and fire protection, etc. as deemed adequate according to the city standards.

Adjacent shall mean having a common border or end point, or across a road, street, sidewalk, right-of-way or thoroughfare.

Adult shall mean any person who has reached 18 years of age.

Adult business shall mean any business:

A.

That has as a substantial or significant purpose the sale or rental of merchandise that is intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or

B.

That has as one of its regular and substantial business purposes:

1.

The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or

2.

The providing of services that are intended to provide sexual arousal or excitement or that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits, or allow participation in specified sexual activities ancillary to other pursuits.

C.

The definition of "adult business" also includes but is not limited to any and all of the following specific adult businesses, as defined herein:

1.

Businesses that offer merchandise for sale or rent.

a.

"Adult media outlet" means a business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of "adult media." For purposes of this subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the sale or rental of "adult media" if any one or more of the following criteria are satisfied:

(1)

Forty percent or more of the sales (including rentals), measured in dollars over any consecutive 90-day period is derived from "adult media";

(2)

Forty percent or more of the number of transactions, measured over any consecutive 90-day period, relate to "adult media";

(3)

Forty percent or more of the dollar value of all merchandise displayed at any time is attributable to "adult media";

(4)

Forty percent or more of all inventory consists of "adult media" at any time;

(5)

Forty percent or more of the merchandise displayed for sale or rental consists of "adult median at any time; or

(6)

Forty percent or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to "adult media" at any time.

The presumption that a "substantial or significant" portion of a business is devoted to the sale or rental of "adult media," based upon the above guidelines, shall be rebuttable.

b.

"Adult newsrack" means any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

c.

"Adult retail establishment" means a business that displays or offers goods for sale or rent and that meets any of the following tests:

(1)

It displays or offers for sale or rent items from any two of the following categories: "sexually-oriented toys or novelties"; lingerie; clothing that graphically depicts "specified anatomical areas"; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:

(a)

Ten percent or more of the sales (including rentals), measured in dollars over any consecutive 90-day period;

(b)

Ten percent or more of the number of sales transactions, measured over any consecutive 90-day period;

(c)

Ten percent or more of the dollar value of all merchandise displayed at any time;

(d)

Ten percent or more of all inventory at any time; or

(e)

Ten percent or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) at any time;

(2)

Five percent or more of the sales (including rentals), measured in dollars over any consecutive 90-day period is derived from "sexually-oriented toys or novelties";

(3)

Five percent or more of the number of sales transactions, measured over any consecutive 90-day period, relate to "sexually-oriented toys or novelties;

(4)

Five percent or more of the dollar value of all merchandise displayed at any time is attributable to "sexually-oriented toys or novelties";

(5)

Five percent or more of all inventory consists of "sexually-oriented toys or novelties" at any time;

(6)

Five percent or more of merchandise displayed for sale consists of "sexually-oriented toys or novelties" at any time; or

(7)

Five percent or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to "sexually-oriented toys or novelties" at any time.

2.

Businesses that provide entertainment.

a.

"Adult entertainment business" means any business to which the public, patrons or members are invited or admitted, and where providing "adult entertainment," as defined herein, as a regular and substantial portion of its business.

b.

The definition of "adult entertainment business" also includes, but is not limited to, any and all of the following specific adult entertainment businesses, as defined herein:

(1)

"Adult motion picture theater" means an establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

"Adult theater" means an establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by patrons.

(3)

"Adult entertainment cabaret" means an establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances, or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.

(4)

"Adult entertainment studio" (includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio") means an establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.

(5)

"Adult encounter parlor" means an establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patrons.

(6)

"Body painting studio" means an establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject s body displays for the patron s view specified anatomical areas.

3.

Businesses that provide services.

a.

"Bath house" means an enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.

b.

"Adult motel" means an enterprise where a regular and substantial portion of its business is offering public accommodations, containing more than 150 square feet of gross floor area, for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical area" by any photographic, electronic, magnetic tape, digital or other medium (including but not limited to film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodicals) for observation by patrons therein and which rents room accommodations for less than six hours at a time.

Adult entertainment shall mean any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment depicts, portrays, exhibits or displays specified anatomical areas or specified sexual activities.

Adult media shall mean books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films, CD-ROMS or other devices used to record computer images, or other media which are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Adult video viewing booth shall mean any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which 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. CD-ROM, books magazines or periodicals) for observation by patrons therein. "Adult video viewing booths" are sometimes referred to as "peep shows," "adult video arcades," "panoramas" and "adult mini-motion picture theaters." An "adult video viewing booth" shall not mean a theater, movie house, playhouse, or a room or enclosure or a portion thereof which contains more than 150 square feet of gross floor area. Note: As of the date of the adoption of this definition, there are no known "adult video viewing booths" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.

Agricultural operation shall mean use of land where such land is devoted to the production of plants, animals or horticultural products, including forests and forest products; harvest and management; dairy farming; grazing and pasturage; truck gardening; bee keeping; the raising of crops, fruit and nursery stock; fish farms; fur bearing animal farms; and the harvesting, processing, packaging, packing, shipping, marketing and selling of products produced on the premises; incidental farm occupations; and such uses as machinery, farm equipment, and domestic repair and construction. Agricultural operation shall not include commercial feed lots, slaughter houses, medical marijuana facilities or marijuana facilities, or the removal of trees for the purpose of development or redevelopment or the removal of trees without replanting.

(Ord. No. 8683, § 1, 7-16-2019; Ord. No. 9601, § 1, 1-17-2023)

Agriculture-related feeding or disposal shall mean commercial feed lots for the raising and selling of farm animals.

Agricultural sales and services shall mean establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include hay, feed and grain stores, and tree service firms.

Aircraft shall mean any contrivance now known or hereafter invented for flight in air.

See "Street."

Alteration Alteration shall mean any addition, removal, extension or change to any part of a structure or fixture.

(Ord. No. 8694, § 1, 8-6-2019)

Alternative communication tower structure shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.