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Liberty City Zoning Code

ARTICLE II

INTERPRETATION AND DEFINITIONS

Sec. 30-16.- Rules of interpretation.

The language set forth in the text of this UDO will be interpreted in accordance with the following rules of construction:

(1)

The singular number includes the plural, and the plural includes the singular;

(2)

The present tense includes the future tenses, and the future tense includes the present;

(3)

The word "shall" and "must" are mandatory, the words "may" and "should" are permissive, the word "structure" includes the word "building," and the term "used for" includes "designed for," or "intended for," or "maintained for," and "occupied for";

(4)

The masculine gender includes the feminine and neuter; and

(5)

Where this UDO 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 consent of, all such persons.

(Ord. No. 8804, § I, 4-11-05)

Sec. 30-17. - Definitions.

The following words and terms, wherever they occur in this UDO, shall be construed as herein defined:

Term Definition
AGL. Above ground level. Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
Accessory antenna. An antenna located on a building or on a communication tower not exceeding sixty (60) feet whose use is clearly incidental to and customarily and commonly associated with the main permitted use of the premises.
Accessory apartment. An independent subordinate dwelling unit contained within a single-family detached dwelling or its accessory detached garage.
Accessory structure. A subordinate structure, the use of which is incidental to that of the principal structure.
Administer The direct application of Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
(1) Ingestion of capsules, teas, oils, and other Marijuana-Infused Products;
(2) Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and other Marijuana-Infused Products;
(3) Application of ointments or balms;
(4) Transdermal patches and suppositories;
(5) Consuming Marijuana-Infused food Products;
(6) Any other method recommended by a Qualifying Patient's Physician or Nurse Practitioner as authorized by Article XIV, Section 1 of the Missouri Constitution.
Agricultural building. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products.
Agriculture. The planting, cultivating, harvesting and storage of grains, row crops, hay or plants, as well as the raising and feeding of livestock and poultry for the purpose of selling for profit or human consumption.
Alley. A minor way, dedicated to public use, which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.
Antenna. Any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite earth station antenna less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antenna.
Apartment, elderly. An apartment designed specifically for use by persons who are retired or over the age of sixty-five (65).
Apartment. A dwelling unit used exclusively for lease or rent as a residence.
Area of special flood hazard. The land in the flood plain that is subject to one per cent or greater chance of flooding in any given year.
Attached single-family dwelling. Two (2) or more single-family dwelling units sharing a common wall.
Attention-attracting device. Any flasher, blinker, revolving beam or beacon, balloon, streamer, animation, animal or human replica, scrolling or flashing electronic message board, or other object designed or intended to attract the attention of the public.
Automobile salvage yard. Any area of land where three (3) or more inoperable motor vehicles, or the parts thereof, are stored in the open and are not being restored to operation, and which may include sale of parts of vehicles.
Babysitting. An occupied residence in which day care is provided to four (4) or fewer children not related to the caregiver.
Banner. Any sign made of cloth, paper, flexible plastic or fabric with only such material for backing.
Barndominium. A residential structure that combines a barn-like exterior with a residential interior and may include up to 50 percent of the total building footprint as shop or barn space. This shall not include container homes or Quonset huts.
Base flood. A flood that has one per cent chance of being equaled or exceeded in any given year, commonly referred to as the 100-year flood.
Basement. Any area of the structure having its floor subgrade (below ground level) on all sides.
Bed and breakfast establishment. An accessory use to the principal residence containing no more than four (4) guest rooms that offers sleeping accommodations to lodgers for compensation with breakfast being available on premises at no additional cost.
Berm. A mound or embankment of earth, usually two (2) to six (6) feet in vertical height.
Billboard. Any permanent sign advertising goods or services not available on the premises on which the sign is located.
Block. A tract of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
Building height. The vertical distance measured from grade to the highest point of the structure excluding chimneys, spires, towers, and similar projections.
Building. Any structure used or intended for supporting or sheltering any use or occupancy.
Business or commerce. Any commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and services.
Cabinet. When used in article XII, a structure for the protection and security of communications equipment associated with one or more antennas where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.
Campground. An area that is intended for temporary occupancy by visitors using recreational vehicles, tents or other types of seasonal shelters.
Certificate of appropriateness. A certificate issued by the historic district review commission indicating its approval of plans for alteration, construction, repair, removal or demolition of a landmark or site or structure within a historic district.
Channel. A natural or artificial conduit, with a definite bed and banks to confine and conduct continuously or periodically flowing water.
Child day-care center. A building or part thereof operated or maintained by any person or establishment who holds themselves out as providing child care for more than four (4) children not related to the day care provider for any part of the twenty-four-hour day without overnight stays, for compensation or otherwise. This does not include day-cares operated in a provider's home, facilities run by a school system, or in connection with an establishment providing child care as a convenience for its customers or employees. Child day-care centers shall be state certified.
Church. A building, including, but not limited to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary, or other facility wherein persons regularly assemble for religious worship maintained and controlled by a religious body having a principal use of religious worship or the offering of religious services of any denomination.
Club or lodge, private. An association of persons who are bona fide dues-paying members; and is generally restricted to members and their guests.
Co-location. The use of a wireless communications facility by more than one wireless communications provider.
Comprehensive marijuana cultivation facility A Facility licensed by the Department where Cultivation operations for Medical or adult use occur. A Comprehensive Marijuana Cultivation Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.
Comprehensive marijuana dispensary facility A Facility licensed by the Department where Marijuana Product is dispensed for Medical or adult use. Comprehensive Dispensary Facilities may receive transaction orders at the Dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Comprehensive Marijuana Dispensary Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV and provided for by general or local law.
Comprehensive marijuana-infused products manufacturing facility A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured for Medical or adult use. A Comprehensive Marijuana-Infused Products Manufacturing Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.
Comprehensive plan. A plan made and adopted by the city indicating the goals and objectives for the future development of the city.
Commercial. Pertaining to the buying and selling of goods and services.
Construction sign. A temporary sign providing information about future development or current construction on a site and the parties involved in the project.
Consumer For purposes of marijuana regulation in accordance with Article XIV of the Missouri Constitution, an individual at least twenty-one (21) years of age.
Cul-de-sac. A street having one end open to traffic and being terminated by a vehicle turnaround.
Cultivation As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.
Cultivation identification card. An additional, separate, or enhanced identification card issued by the State of Missouri allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by the department, only to the extent authorized by applicable law.
Day care. The care of one or more individuals on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the individual's own dwelling unit. This term includes, but is not limited to day care homes and day care centers.
Deck. A roofed or unroofed platform that is typically made of natural or composite lumber and is attached to a house or other building; may be open sided or screened.
Department For purposes of marijuana regulation in accordance with Article XIV of the Missouri Constitution, the Missouri Department of Health and Senior Services, or its successor agency.
Development. Any human-caused change to a structure or a parcel of improved or unimproved land that requires a permit or approval from any governmental agency.
Development agreement. Any written agreement between the city and a developer, which establishes the developer's responsibility regarding any mutually agreed to terms and requirements.
Development application. Any application considered by the city that involves development, such as a building permit, preliminary plat, final plat, replat, lot split, special use permit, development plan, or rezoning application.
Development plan. A plan depicting or describing the proposed alterations to a parcel of land or structure.
Direct connection. A complete and direct connection to the city's improved infrastructure network.
Director. The director of planning and development of the city or his/her designee.
Disguised support structure. Any free-standing, manmade structure designed for the support of Antenna, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, light standards, flag poles, and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as an appropriately-placed and designed architectural or natural feature" shall mean:
(1) It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
(2) It does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate;
(3) It cannot be identified as a support structure by persons with reasonable sensibilities and knowledge;
(4) Its equipment, accessory buildings, or other aspects or attachments relating to the disguised support structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated; and
(5) It is of a height, design, and type that would ordinarily occur at the location and neighborhood selected.
Dog kennel. Any premises where three (3) or more dogs over the age of four (4) months are boarded, bred and/or offered for sale.
Domestic abuse shelter. A facility run by a not-for-profit corporation, as defined by state statute, and providing temporary residential facilities and ancillary counseling and support services to persons who are victims of domestic abuse, and related persons.
Drive/driveway. A private right-of-way which affords a means of vehicular access to or through an area and which is owned and maintained by the owner of the property it serves.
Drive-in restaurant. Any restaurant, where the food is normally ordered from, and consumed in, a vehicle parked on the premises, or where facilities are provided for eating inside or outside a building.
Drive-through establishment. Any restaurant, financial institution or product vending enterprise where business is transacted through a window or other mechanical device, that is designed for a patron who is in a vehicle.
Dwelling. A building or portion thereof intended for occupancy for residential purposes, but not including hotels, motels, roominghouses, nursing homes, tourist homes, trailers, or recreational vehicles.
Dwelling unit. One or more rooms constituting all or part of a dwelling and which are arranged, designed, used, or intended for use exclusively as a single housekeeping unit for one family, and which includes cooking, living, sanitation, and sleeping facilities.
Easement. A grant by the property owner to the public, a corporation or persons, of the use of described strip or area of land for specific purposes.
Electronic message board. Any sign that uses lights that change to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified electronically.
Elementary school. A public, private, religious or parochial school giving instruction in a grade or grades not lower than pre-school nor higher than the sixth grade.
Enclosed, locked facility For purposes of marijuana regulation in accordance with Article XIV of the Missouri Constitution: (A) A stationary, fully enclosed, locked space equipped with functioning security devices that permit access to only the Consumer(s), Qualifying Patient(s), or Primary Caregiver(s) who have informed the Department that this is the space where they will Cultivate Marijuana; and (B) the plants within the Enclosed, Locked Facility must not be visible to the unaided eye from a public space.
Entity For purposes of marijuana regulation in accordance with Article XIV of the Missouri Constitution, a natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.
Ephemeral stream. A stream that is normally dry, it may flow only in response to rainfall or snowmelt.
Existing structure. Any structure capable of supporting wireless communication facilities (other than a support structure) in full conformance with the design and other requirements of article XII of chapter 30 and is:
(1) Existing prior to the date of all applicable permit applications seeking city authorization for installation of such facilities thereon and
(2) Not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure.
Exposed monopole. A monopole in which the pole is not completely hidden, disguised, or camouflaged.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
Facility For purposes of marijuana regulation in accordance with Article XIV of the Missouri Constitution, the physical structure(s), including strip malls, and the premises on which the physical structures are located which are used by a licensed or certified Entity to perform its licensed or certified functions, whether the Entity is licensed or certified as a Medical Facility, Research Facility, or a Marijuana Facility.
Family. An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons who need not be related by blood or marriage, living together in a dwelling unit.
Fast-track small wireless facility or fast-track. A small wireless facility that meets the following requirements for an antenna and associated equipment: (1) No more than seven (7) cubic feet in volume (comprised of no more than twenty-seven (27) square feet of exterior surface area, excluding the surface width equal to the width of the existing structure or utility pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume shall be the measure of the exterior displacement of the antenna and associated equipment; (2) located with the consent of the owner on an existing structure or utility pole, or concealed within or on a replacement utility pole if the appearance is not materially altered and the existing structure or utility pole is no more than five (5) feet taller; (3) not exceeding six (6) feet above the top of an existing structure or utility pole for a total height not exceeding forty-five (45) feet (nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet).
Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal or other manufactured material or combination of materials, used as a boundary, means of protection, privacy screening or confinement.
Flood elevation determination. A determination of the water surface elevations of the 100-year flood; that is, the level of flooding that has a one per cent chance of occurrence in any given year.
Flood Insurance Rate Map (FIRM). An official map of a community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.
Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation of runoff of surface waters from any source.
Flood protection system. Physical structural works constructed specifically to modify flooding to reduce the extent of the area within a community subject to a special flood hazard. Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal engineering standards.
Floodplain. Areas subject to flooding as identified by the current flood insurance rate map (FIRM).
Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plan, flood control works and floodplain management regulations.
Floodplain management regulation violation. The failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided.
Floodproofing. Any combination of structural or nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Floodway fringe. The area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one per cent chance of flood occurrence in any one year).
Floodway or regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floor area contributing. The total floor area of the building, expressed in square feet, measured from the exterior surface of outside walls, and including mezzanines, upper floors and basement, whether finished or not, from which is subtracted the floor area of washrooms, elevator shafts, stairways, mechanical rooms and any hallways within permanent shopping center malls.
Floor area. The total area of all floors of a building or portion thereof measured to the outside surface of exterior walls or the centerline of walls to attached buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located.
Flowering plant. A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
Garage repair. A building wherein automotive vehicles are repaired, including body shops and painting.
Garage sales. Short-term sales of used household items commonly referred to as "garage sales," "basement sales," "yard sales," or "rummage sales."
Garage, private. A building, or a portion of a building, in which only motor passenger vehicles and/or other smaller accessories of family living used by the tenants of the building or buildings on the premises are stored or kept.
Garage, public. Any garage other than a private garage.
Garden apartments. An apartment building located on a lot, either singly or together with other similar apartment buildings, generally having a low density of population and having substantial landscaped open space adjacent to the dwelling units.
Group care facility. Any state licensed or accredited home in which nine (9) or more unrelated mentally or physically handicapped persons reside, plus additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Group home. Any state licensed or accredited home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, plus two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Guest, permanent. A person who occupies, or has the right to occupy, a residence of [or] dwelling accommodation for a period of thirty (30) days or more.
Guyed tower. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
Hazardous sign. A sign which, because of its construction or state of disrepair, may fall or cause possible injury to passersby, as determined by the city; a sign which, because of its location, color, illumination or animation, interferes with, obstructs the view of, or is confused with any authorized traffic sign, signal, or device; or a sign which makes use of the words "stop," "go," "slow," "caution," "drive-in," "danger" or any other word, phrase, symbol or character in such a way as to interfere with, mislead, or confuse traffic.
Height. The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
Historic district. An area designated as a "historic district" by the city council and which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures which, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.
Home occupation within a dwelling unit. An accessory use conducted within a dwelling unit, involving the manufacture, provision, or sale of goods and/or services, which is carried on by residents of the dwelling plus no more than one nonresident assistant or employee.
Home occupation within an accessory structure. An accessory use conducted within an accessory structure involving the manufacture, provision, or sale of goods and/or services, which is carried on by residents of the dwelling on that property, plus no more than one nonresident assistant or employee, as allowed by special use permit.
Hotel apartment. A hotel, where more than fifty (50) per cent of the lodging rooms are available for permanent guests.
Hotel. Any building containing six (6) or more guestrooms intended or designed to be used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
Identification card For purposes of marijuana regulation in accordance with Article XIV of the Missouri Constitution, a document, whether in paper or electronic format, issued by the Department that authorizes a Consumer cultivator, Qualifying Patient, Primary Caregiver, or facility agent to access Marijuana as provided by law.
Incidental use. Any use authorized herein that exists in addition to the principal use of the property.
Infill development site. Vacant or underutilized land located in a predominately built-out area that is bounded on at least two sides by existing development.
Infused preroll A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper, (2) dried Flower, buds, and/or plant material, and (3) a concentrate, oil, or other type of Marijuana extract, either within or on the surface of the product. Infused Prerolls may or may not include a filter or crutch at the base of the product.
Inn. A facility containing no more than twelve (12) guest rooms that offers sleeping accommodations to lodgers for compensation.
Inoperable vehicle. Any vehicle in such condition that it cannot be operated in a normal and safe manner; or, if eligible for a state motor vehicle license or registration, which is not then so licensed or registered.
Junkyard. An open area where waste, used or secondhand 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.
Landmark. A property or structure designated as a "landmark" by the city council, pursuant to procedures prescribed in Article VIII of this UDO, which is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city.
Landscape material. Living material such as trees, shrubs, ground cover/vines, turf grasses, and nonliving material such as rocks, pebbles, bark, pavers, earthen berms, and/or other items of a decorative nature such as fountains, pools, walls, sculpture, etc.
Landscaping. The alteration of the soil surface to a smooth finished grade; installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade, and generally produce a pleasing visual effect of the premises.
Lattice tower. A self-supporting communications tower consisting of an open work structure made of crossing bars or rods forming a network.
Long-term care facility. A facility licensed by the State of Missouri as a skilled nursing facility, intermediate care facility, residential care facility or an adult boarding facility.
Lot. A parcel of land occupied by, or intended for occupancy by, one principal building, unified groups of buildings or principal use, and having access to a public street.
Lot area. The area of a horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
Lot depth. The average horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.
Lot line, front. That boundary line between a lot and the street on which it fronts.
Lot line, rear. That boundary of a lot which is opposite and most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.
Lot line, side. Any boundary of a lot which is not a front or rear lot line.
Lot line. A property boundary line of any lot.
Lot, corner. A lot situated at the junction of, and abutting on, two (2) or more intersecting streets. A corner lot shall be deemed to front on that street on which it has its least dimension unless otherwise specified by the building inspector.
Lot, reversed corner. A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of the first lot to its rear.
Lot, through. An interior lot having frontage on two (2) streets.
Lot, width. The horizontal distance between side lot lines, measured at the front building line.
Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than the basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this ordinance.
Mansard. A hip roof having two slopes on each side.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
Manufacturer Every person, partnership, firm, corporation, association, limited liability company, or other legal entity engaged in cultivation, treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the utility value, or appearance of commodities and other personal property, whether done on order or for sale upon expected or anticipated demand or orders for the manufactured goods. Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities are manufacturers for purposes of this code.
Marijuana or marihuana. Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one per cent on a dry weight basis, or commodities or products manufactured from industrial hemp.
Marijuana accessories Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing Marijuana into the human body.
Marijuana buffer measurement In the case of a freestanding Facility, the distance between the Facility and the Elementary or Secondary School, Daycare, or Church shall be measured from the external wall of the Facility structure closest in proximity to the Elementary or Secondary School, Daycare, or Church to the closest point of the Property Line of the Elementary or Secondary School, Daycare, or Church. If the Elementary or Secondary School, Daycare, or Church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the Elementary or Secondary School, Daycare, or Church closest in proximity to the Facility.
In the case of a Facility that is part of a larger structure, such as an office building or strip mall, the distance between the Facility and the Elementary or Secondary School, Daycare, or Church shall be measured from the Property Line of the Elementary or Secondary School, Daycare, or Church to the Facility's entrance or exit closest in proximity to the Elementary or Secondary School, Daycare, or Church. If the Elementary or Secondary School, Daycare, or Church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the Elementary or Secondary School, Daycare, or Church closest in proximity to the Facility.
For purposes of this definition, measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
Marijuana business A Marijuana Facility, a Medical Facility, and a Marijuana Research Facility.
Marijuana Dispensary Facility Or Marijuana Dispensary A Medical Marijuana Dispensary Facility, a Comprehensive Marijuana Dispensary Facility, or a Microbusiness Dispensary Facility.
Marijuana facility A Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility, Marijuana Testing Facility, Transportation Facility, Comprehensive Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, Microbusiness Dispensary Facility, or any other type of Marijuana-related facility or business licensed or certified by the Department but shall not include a Medical Facility or Marijuana Research Facility.
Marijuana-infused products Products that are infused, dipped, coated, sprayed, or mixed with Marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ointments, tinctures, concentrates, ingestible products, topical products, suppositories, and Infused Prerolls.
Medical marijuana business. A medical marijuana business shall be defined as any of the following herein defined entities:
a. Medical marijuana cultivation facility.
b. Medical marijuana dispensary facility.
c. Medical marijuana-infused products manufacturing facility.
d. Medical marijuana testing facility.
e. Any other entity currently or hereafter included in and regulated by Article XIV, Section 1 of the Missouri Constitution
Marijuana product Marijuana, Marijuana-Infused Products, or other products made using Marijuana, including Prerolls, unless otherwise provided for in the Department's rules.
Marijuana research facility A Facility licensed by the Department where activities intended to facilitate scientific research or education related to Marijuana Product occur.
Marijuana testing facility A Facility certified by the Department to acquire, test, certify, and transport Marijuana, including those originally licensed as a Medical Marijuana Testing Facility.
Marquee sign. Any sign attached flat against the marquee or permanent sidewalk canopy of a building.
Medical facility Any Medical Marijuana Cultivation Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing Facility.
Medical marijuana cultivation facility A facility licensed by the Department to engage in the process of Cultivating Marijuana that is limited to Medical Use at a Medical Marijuana Cultivation Facility. A Medical Marijuana Cultivation Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana- Infused Products.
Medical marijuana dispensary facility A Facility licensed by the Department where Marijuana is dispensed only for Medical Use. Medical Marijuana Dispensary Facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A Medical Marijuana Dispensary Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.
Medical marijuana-infused products manufacturing facility A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured only for Medical Use.
Medical use The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or Marijuana Accessories used to Administer Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
Microbusiness Dispensary Facility A Facility licensed by the Department to engage in the process of dispensing Marijuana for Medical Use or adult use. Microbusiness Dispensary Facilities may receive transaction orders at the dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Microbusiness Dispensary Facility's authority to process Marijuana shall include the creation of Prerolls.
Microbusiness wholesale facility A Facility licensed by the Department to where Marijuana Cultivation operations for Medical or adult use occur and/or where Marijuana-Infused Products and Prerolls are manufactured for Medical Use or adult use. A Microbusiness Wholesale Facility may cultivate up to Two Hundred and Fifty (250) Flowering Plants at any given time. A Microbusiness Wholesale Facility's authority to process Marijuana shall include the creation of Prerolls and Infused Prerolls.
Middle buffer zone. An area extending fifty (50) feet from the edge of a streamside buffer zone.
Mobile food unit. A vehicle-mounted food service establishment designed to be readily movable.
Mobile home park. A tract of land having a system of public utilities including water supply, sanitary sewers, power and telephone, which are available to mobile homes that may be placed on the property on a temporary or permanent basis for residential purposes.
Mobile home. A residential structure, assembled in total or in not more than three (3) sections at a factory, and transported over the road on its own wheel carriage to a destination, and which may be moved from one destination to another.
Modification. When used in article XII, any addition, deletion, or change, including the addition or replacement of antennas, or any change to a structure requiring a building permit or other governmental approval.
Monopole. A self-supporting communication tower consisting of a single pole.
Monument sign. A permanent detached sign of generally horizontal shape, which is constructed of stone, masonry materials, concrete, metal, sandblasted or routed wood planks or beams, or plastic and which is mounted on a base or columns of similar material.
Motel or motor hotel. A building containing lodging rooms having adjoining individual bathrooms, and used primarily by transient guests traveling by automobile.
New construction. For the purposes of determining flood insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by the city and includes any subsequent improvements to such structures.
Noxious matter. Material which is capable of causing injury or physical discomfort to living organisms by chemical reaction or is capable of causing detrimental effects upon the health or the psychological, social, or economic well-being of human beings.
Nurse practitioner For purposes of marijuana regulation in accordance with Section XIV of the Missouri Constitution, an individual who is licensed and in good standing as an advanced practice registered nurse, or successor designation, under Missouri law.
Off-campus student housing. A building other than a dormitory located outside the boundaries of William Jewell College which is owned by William Jewell College and used as a residence by students of the college.
Open sales lots. Any land used or occupied for the purpose of displaying, buying or selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments, or for the storing of same prior to sale.
Outdoor sales event. Any outdoor sales event, such as a sidewalk, tent or truck sale.
Outdoor special event. Any outdoor public event, such as a festival, gathering, or other type of special event that may attract a substantial crowd.
Outer buffer zone. An area extending twenty-five (25) feet from the edge of the middle buffer zone.
Overnight day care facility. Any state licensed day care facility which regularly provides day care for persons unattended by a parent, custodian or legal guardian between the hours of 7:00 p.m. and 6:00 a.m.
Owner of record. The person, corporation or other legal entity listed as the owner on the records of the county recorder of deeds.
Pedestrian way. A right-of-way, dedicated or otherwise assigned to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
Perennial. An herbaceous plant lacking permanent woody structures including grasses and flowers.
Perennial stream. A stream that flows throughout the year; it may be dry during periods of extended drought.
Plat. A map representing a tract of land, showing the boundaries and location of individual properties and streets.
Plat, final. A complete and exact subdivision plat, prepared for official recording as required by Statute 89.410 RSMo, to define property boundaries and proposed streets and other improvements.
Plat, preliminary. A preliminary plat for a subdivision shall be a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and its relationship to the surrounding area.
Physician. An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.
Physician certification. A document, whether handwritten, electronic or in another commonly used format, signed by a physician and stating that, in the physician's professional opinion, the patient suffers from a qualifying medical condition as defined in Missouri state law.
Porch. A covered entrance of semi-enclosed space projecting from the facade of a building; may be open sided or screened.
Portable sign. A sign designed to be easily transported that is not firmly and permanently anchored and secured either to a building or the ground and is not expressly permitted under these regulations as a temporary sign.
Preliminary plan. A preliminary plan is a plan of a subdivision or of a land development, including all required supplementary data, showing the approximate proposed street and lot or site layout, or a plan of existing private streets to be dedicated to public use, as a basis for consideration by the department and the technical advisory committee prior to the preparation of a recorded plan.
Preroll A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper and (2) dried Flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.
Primary caregiver. An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such under the rules and regulations of the department and possesses a department issued primary caregiver or primary caregiver cultivation identification card.
Primary major street access. The point of connection to an abutting major street that is the anticipated principal route for motor vehicle travel from and to a development.
Principle structure. The building in which the principal use on the lot is conducted.
Projecting sign. Any sign extending more than one foot from the face of the building to which it is attached or any sign mounted under a canopy or on a wall and having its face approximately at right angles to the face of the building. A time and temperature instrument mounted on the face of a building shall be included in this definition.
Public improvement project. An action by the city or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, or other portions of the public infrastructure servicing commercial, residential, or industrial development.
Public improvements. Street pavements, curbs, sanitary and storm sewers, permanent street monuments, water mains or other similar items.
Qualifying patient. A Missouri resident diagnosed with at least one qualifying medical condition as defined in Missouri state law and possessing a department issued qualifying patient or qualifying patient cultivation identification card.
Recreational vehicle (RV). A vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory flood elevation. The elevation indicated on the FIRM as the elevation of the 100-year flood.
Regulatory flood protection elevation. An elevation one foot higher than the water surface elevation of the regulatory flood.
Repair. Any change that is not construction, removal or alteration.
Right-of-way. The land opened, reserved or dedicated for a street, highway, walk, drainage or other purpose.
Riparian buffer. Also referred to as a "stream buffer." A vegetated area, including trees, shrubs, and herbaccous vegetation, that exists or is established to protect a stream system, lake, reservoir, or coastal estuarine area.
Roof sign. Any sign erected, constructed and maintained wholly upon or over the roof of a building and having the roof as a principal means of support.
Screening. A structure erected or vegetation planted as a barrier designed to conceal materials and operations conducted behind it.
Secondary school. A public, private, religious or parochial school giving instruction in a grade or grades not lower than the sixth nor higher than the twelfth grade.
Setback line or building line. A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected.
Shelter. When used in article XII, a building for the protection and security of communications equipment associated with one or more antennas and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.
Shopping center office park, business park, or industrial park. A development of one or more buildings on a site, planned as an integrated unit or a cluster on property under one ownership or single control at the time the zoning was approved by the city council.
Short-term loan establishment. Any establishment or business that engages in short term loan transactions as defined in chapter 7, section 7-30.
Shrub. A low woody perennial plant having several major stems arising at or near the ground with a mature height of less than fifteen (15) feet.
Sign. Any words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.
Sign area. The area of each surface or face of the sign. The area of the sign, for purposes of this UDO, shall be computed from the dimensions of the entire surface upon which the letters, logo, etc., are placed, except that when individual letters, logo, etc., are mounted individually and directly upon a building wall surface, without change in the color or appearance of the wall, the area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, logo, etc.
Sign, facade. A sign painted directly on the face of the building.
Sign, freestanding. A sign attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a structure whose principal function is something other than the support of the sign.
Sign, temporary. Any sign made of paper, cardboard, fabric, pressed wood or other nondurable material, and any sign attached to or supported by one or more wooden stakes, sticks or poles of a cross section size less than four (4) inches in diameter; or any sign, regardless of its materials and construction, which is affixed or attached to a fence, tree, or temporary structure; or any sign which is glued, pasted or otherwise affixed or attached to any wall or building without the use of bolts or screws.
Small wireless facility. An antenna and associated equipment that meets the following: (1) An antenna of no more than six (6) cubic feet in volume; and (2) All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight (28) cubic feet in volume; provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume, and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume.
Stacking space. An improved surface in a parking area or drive designed to accommodate a motor vehicle waiting for entry to a drive-up or drive-through facility located in such a way that it does not obstruct ingress or egress to the site or to required parking spaces and which is at least nine (9) feet in width and twenty (20) feet in length.
Start of construction. For floodplain management purposes, includes substantial-improvements, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Storage. The keeping of materials, equipment or products incidental to the primary use or function of the property, of the following nature:
(1) In residential districts the keeping of building materials, industrial equipment, recreational vehicles and equipment and similar items for a period of time longer than would normally be involved in the day-to-day use or consumption of the same. The keeping of motor passenger cars, pickup trucks and similar vehicles used for daily transportation by occupants of the premises; recreational equipment and vehicles which are used one or more times in a four-week period for recreational purposes during the period of keeping on the premises; and construction materials and equipment which are being used on construction on the premises shall not be considered storage.
(2) In commercial and industrial districts the keeping of merchandise, raw materials, products or equipment which are a necessary part of the sales, manufacturing or other activity on the premises.
Storage facilities. Commercial buildings or complexes of buildings whose primary function is the provision of leasable storage space to outside parties or agents. Such use shall not be allowed or considered other than by special use permit.
Stream setback. Restrictions through zoning or other mechanisms on development activities within a specified distance of a stream or other water resource.
Street, arterial. A street or road of considerable continuity which serves or is intended to serve as principal trafficway between separated areas or districts and which is the main means of access to the collector street system, highways or expressways.
Street, collector. Streets, which, in addition to serving abutting properties, intercept local streets, connect with community facilities and carry neighborhood traffic to the arterial street systems.
Street, frontage or service. A street which is generally parallel to and adjacent to a major highway or railroad right-of-way and which provides access to abutting properties and protection from through traffic.
Street, local. A street designed to provide access to abutting property from collector and arterial streets.
Street, private. A right-of-way which is privately owned and affords a primary means of access to abutting property.
Street, public. A right-of-way dedicated to the public or held in fee simple title by the city which affords a primary means of access to abutting property.
Street. A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel, which may also be used to provide space for sewers, public facilities, trees and sidewalks.
Structure. Anything erected, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled or roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
Subdivision. A division of lot, tract or parcel of land into two (2) or more lots or other tracts of land of fifteen (15) acres or less.
Substantial damage. For floodplain management purposes, damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty (50) per cent of the market value of the structure before the damage occurred.
Substantial improvement. For floodplain management purposes, any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Support structure. A tower or disguised support structure.
Throat depth. The distance from the street to the drive that accesses the parking lot.
Tow lot. Any area of land where the primary use is the temporary storage of towed vehicles to be claimed by their owners or disposed of by the tow service or any building or structure for the storage of these vehicles. Accessory uses associated with a tow lot include vehicle repair and periodic sales of towed vehicles. Tow lots do not include automobile salvage or wrecking yards, as defined in this article.
Tower. A structure designed for the support of one or more antenna and including guyed towers, lattice towers, or monopoles, but not disguised support structures, utility poles, or buildings. the term shall also not include any support structure that includes attachments of sixty-five (65) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.
Trailer. A vehicle, other than a mobile home, equipped with wheels and normally towed over the road behind a motor vehicle.
Transitional housing. A state licensed or accredited facility providing recovery programs and temporary residential facilities.
Transportation facility For purposes of marijuana regulation in accordance with Section XIV of the Missouri Constitution, a Facility certified by the Department to house operations involving the transport of Marijuana Product from a Marijuana Facility or Medical Facility; or to a Qualifying Patient, Primary Caregiver, or Consumer.
Tree, large growing. Any tree with a mature height of forty (40) feet or taller.
Tree, small growing. Any tree with a mature height less than forty (40) feet.
Use, accessory. A subordinate or secondary use which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal building or use.
Use, nonconforming. Any use of a building or premises which was lawfully established prior to the adoption of this UDO which does not comply with all of the applicable use regulations, as set forth herein, for the zoning district in which that building or premise is located.
Use, permitted. Any building, structure, or use, which on the effective date of this UDO, complies with the applicable regulations governing permitted uses of the zoning district in which the building, structure, or use is located.
Use, principal. The main use of land or building as distinguished from a subordinate or accessory use.
Use, temporary. The use of a specified parcel of land for temporary, short-term uses including, but not limited to, trade shows, street fairs, expositions, promotional ventures, vending operations, and entertainment.
Use. The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
Utility pole. A pole that is or may be used for wireline communications, lighting, traffic control, signage, or a similar function, which may also support a small wireless facility or "fast-track" but shall not include municipal electric utility distribution poles or facilities.
Variance. A variation or relief from a specific requirement in this UDO as applied to a specific property, and as approved by the board.
Veterinarian facility. Any building, or portion thereof, designed or used for the care, observation, or treatment of animals.
Wall sign. Any sign attached to and erected parallel to and within one foot of the face or wall of a building.
Wireless communications facility. Any antenna, small wireless facility, "fast-track," cabinet, shelter, and support structure, and associated equipment.
Yard, front. A yard across the full width of the lot and extending back from the front lot line to the front line of the main building.
Yard, rear. The portion of the yard on the same lot with the principal building and located between the rear line of the building and the rear lot line and extending for the full width of the lot, provided that in those locations where an alley or a railroad lead track right-of-way is platted in the rear of the lots, one-half of the width of the platted alley or such right-of-way may be included in the rear yard requirements.
Yard, side. A yard extending along a side lot line between the front and rear yards.
Yard. An open space on a lot which is generally unoccupied and unobstructed from ground level to the sky, except as otherwise permitted in this UDO. A yard extends along a lot line and at right angles to that line to a depth or width specified in the yard regulations for the district in which the lot is located.

 

(Ord. No. 8804, § I, 4-11-05; Ord. No. 8888, § I, 10-24-05; Ord. No. 9054, § I, 11-27-06; Ord. No. 9055, § I, 11-27-06; Ord. No. 9195, § I, 9-10-07; Ord. No. 9416, § I, 2-9-09; Ord. No. 9559, § I, 3-22-10; Ord. No. 9691, § I, 4-11-11; Ord. No. 9717, § I, 5-9-11; Ord. No. 10143, § I, 12-16-13; Ord. No. 10278, § I, 10-27-14; Ord. No. 10519, § I, 2-8-16; Ord. No. 10832, § III, 12-11-17; Ord. No. 11006, § III, 12-17-18; Ord. No. 11120, § I, 7-8-19; Ord. No. 11121, § II, 7-8-19; Ord. No. 11313, § II, 11-9-20; Ord. No. 11978, §§ I, II, 10-14-24; Ord. No. 12006, § I, 11-25-24)