[R.O. 2014 §400.080; Ord. No. 201 §107, 11-14-1967; Ord. No. 415 §1, 10-9-1980; Ord. No. 738 §2, 6-8-1995; Ord. No. 1073 §1, 4-8-2004; Ord. No. 1105 §1, 1-13-2005; Ord. No. 1191 §1, 1-12-2006; Ord. No. 1375 §1, 5-14-2009; Ord. No. 1547 §1, 8-23-2012]
The following words shall have the prescribed meaning in this Title unless otherwise noted:
ACCESSORY BUILDING — PERMANENTA detached structure that is:
[Ord. No. 1913, 5-28-2020]
1. Subordinate in size to the principal structure which it serves;
2. Necessary or contributing to the comfort and convenience of the occupants or the principal structure served; and
3. Located on the same lot as the principal building served. By way of example, detached garages, carports, gazebos, storage sheds, and similar roofed structures are common accessory buildings.
ACCESSORY BUILDING — PORTABLEAccessory outbuildings for residential purposes not having a permanent footing or foundation in the ground and not being affixed to the ground except by rods or stakes.
[Ord. No. 1913, 5-28-2020]
ACCESSORY BUILDING — TEMPORARYA detached structure, including, but not limited to, construction trailers, used in connection with the development and sale of a tract of land and be erected or located on said tract prior to and may remain thereon during the construction or development period, and temporary structures placed for seasonal event including but not limited such as Christmas tree sales buildings.
[Ord. No. 1913, 5-28-2020]
ACCESSORY USEAny use that is:
[Ord. No. 1913, 5-28-2020]
1. Subordinate in purpose of the principal use which it serves;
2. Necessary or contributing to the comfort and convenience of the occupants or the principal structure or use served; and
3. Located on the same lot as the principal use served.
By way of example, uses such as outdoor gathering areas, parking lots, Automatic Teller Machines (ATMs), and trash enclosures are common accessory uses. |
ADVERTISING SIGNAny structure, object or device erected, maintained or used for advertising purposes related to the permitted principal use of the premises upon which the advertising sign is located. This definition includes the terms "sign", "roof-signboard", "signboard", "advertising display", but does not include the term "billboard".
AGRICULTURAL USESThe growing of crops in the open and the raising of such stock and poultry as are incidental to the acreage farmed. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables, dog kennels, or medical marijuana facilities be so considered.
[Ord. No. 1868, 7-25-2019]
ALLEYA public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENTA room or suite of rooms in a multiple dwelling, or any other building where more than one (1) living unit is established, intended, designed, used, or suitable for use by one (1) or more persons as a place of residence with culinary accommodations.
APARTMENT HOUSEA building or portion thereof intended, designed, used or suitable for use as a residence for three (3) or more families living in separate apartments.
BASEMENTA story partly or wholly underground but having more than one-half (1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFASTA dwelling, structure or building, other than a hotel, under one (1) management, who may live on the premises, which contains rooms furnished for the short-term accommodation or lodging of guests, with meals being provided, and kept, used, maintained, advertised and held out to the public as a place where sleeping accommodations are provided for pay or compensation to transient guests. Term does not include boarding houses, hotels, motels or travel courts.
BILLBOARDAny structure object or device erected, maintained or used for advertising purposes not related to a principal use of the premises upon which it is located.
BOARDING HOUSEA building or place, other than a hotel, where, by pre-arrangement and for compensation, lodging and/or meals for a definite period are provided for three (3) or more persons and such accommodations are not furnished to transient or overnight customers.
BOVINEDairy or beef cattle.
[Ord. No. 1572 §1, 2-14-2013]
BUFFERAn area separating distinct land uses, or a land use and public right-of-way, containing materials, including, but not limited to, trees, shrubs, berms, fencing, or walls, used to provide physical and/or visual screening to soften or mitigate the effects of one (1) land use on the other. The required height, width, and materials used in a buffer may vary according to use and application.
[Ord. No. 1980, 1-28-2021]
BUILDINGA structure having a roof supported by columns or walls, intended, designed, used or suitable for use for the enclosure, shelter or protection of persons, animals, or property; and when separated by fire or division walls without any opening, each portion of such structure so separated shall be deemed a separate building.
BUILDING HEIGHTThe vertical distance from the highest of:
1. The average street curb level in front of the building,
2. The established or average street grade in front of the building in case the curb has not been established, or
3. The average elevation of the finished grade along the front of the building if it sets back from the street line, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs.
BUILDING MAINA building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in the residence district is a main building.
BUILDING SITEThe land area, consisting of one (1) or more lots, or part thereof, or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and uses accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by these regulations.
CHURCHA permanent building primarily and regularly used as a place of religious worship.
[Ord. No. 1868, 7-25-2019]
COMPREHENSIVE MARIJUANAMarijuana allowed for the limited legal production, distribution, sale, and purchase for comprehensive use as governed by Article
XIV of the Missouri State Constitution.
[Ord. No. 2097, 7-13-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITYA facility licensed by the State to acquire, cultivate, process, store, transport, and sell marijuana to a comprehensive marijuana dispensary facility, comprehensive marijuana testing facility, or to a comprehensive marijuana-infused products manufacturing facility.
[Ord. No. 2097, 7-13-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITYA facility licensed by the State to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying person, a primary caregiver, another comprehensive marijuana dispensary facility, a comprehensive marijuana testing facility, or a comprehensive marijuana-infused products manufacturing facility.
[Ord. No. 2097, 7-13-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTSProducts 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. No. 2097, 7-13-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State to acquire, store, manufacture, transport, and sell marijuana-infused products to a comprehensive marijuana dispensary facility, a comprehensive marijuana testing facility, or to another comprehensive marijuana-infused products manufacturing facility.
[Ord. No. 2097, 7-13-2023]
DAY CAREA child-care facility, as defined by Section
210.201, RSMo., that is licensed by the State of Missouri.
[Ord. No. 1868, 7-25-2019]
DAY CARE CENTERA day care facility licensed by the State of Missouri that provides day care at any place other than a family home, including but not limited to child care centers, play schools, day nurseries, and nursery schools, in which children under the age of ten (10) receive child day care services during any part of a day not exceeding twelve (12) hours in a 24-hour period.
[Ord. No. 1868, 7-25-2019]
DAY CARE HOMEA family home-based day care facility licensed by the State of Missouri that receives not less than four (4) and not more than nine (9) children under the age of ten (10) for care during any part of the day not exceeding twelve (12) hours in a 24-hour period. The maximum of nine (9) children includes the family's natural or adopted children under the age of ten (10) and those children who are in the home under full-time care.
[Ord. No. 1868, 7-25-2019]
DISTRICTA section or sections of the City of Marshfield specifically declared within which the regulations governing the use of buildings and premises are uniform.
DRIVE-IN SERVICEA type of retail sales which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.
DUMPA lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof or waste material of any kind.
DWELLINGAny building or portion thereof which is designed or used primarily for residential purposes.
DWELLING GROUPTwo (2) or more detached or attached single-family, two-family or multiple-family dwellings occupying a single building site and having yards or open space in common, but not including a motel or hotel or motor hotel.
DWELLING, MULTIPLE-FAMILYA building or portion thereof designed with accommodations for or occupied by three (3) or more families living independently of each other who may or may not have joint services or facilities or both. The term includes dormitories but does not include hotels, motels and tourist courts.
DWELLING, SINGLE-FAMILYA detached building or portion thereof designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILYA building or semi-detached building or portion thereof designed or occupied exclusively by two (2) families living independently of each other.
EQUINEHorses, mules and asses (also known as "donkeys").
[Ord. No. 1572 §1, 2-14-2013]
EXTERIOR LOT LINEA lot line/property line that is located adjacent to a public street right-of-way for a lot within a subdivision.
FAMILYThe following living arrangements shall constitute a family:
1. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
2. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility, living as a single housekeeping unit.
FILLING STATIONAny building or premises used solely or principally for the storage, dispensing, sale, or offering for sale, at retail of any automotive fuels, or lubricants and accessories. If such dispensing, sale or offering for sale is incident to the conduct of a public garage, the premises will be classified as a public garage.
GARAGE, PRIVATEAny accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for, the exclusive use of the occupants of the lot or premises upon which such building is located and having no provisions for the repairing or equipping of such vehicles.
GARAGE, PUBLICAny building, portion of a building or premises designed, operated or used for commercial purposes in the storage, sale, hiring, care or repair of motor vehicles.
GREENHOUSEA building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. Not to include medical marijuana facilities.
[Ord. No. 1868, 7-25-2019]
GROUP HOMEAny home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents 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 OR ROW HOUSETwo (2) or more detached or attached dwellings occupying a single premises and having any yard or other open space in common, but not including a motel.
HOME OCCUPATIONAny use customarily conducted entirely upon the premises and carried on by a member of a family, related by marriage or blood, residing in the dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which use neither changes the character thereof nor adversely affects the uses permitted in the district of which it is a part, no signs are displayed, except as permitted in this Title, no commodity is sold upon the premises, except that which is prepared on the premises; no outdoor display or storage of materials or supplies; no persons are employed; and no mechanical equipment is used that makes any loud, unnecessary, or unusual noise, or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others.
HOTELSAny building or portion thereof having a common entrance, lobby, halls, stairs, and elevators, which is designed or used to offer for hire, by the general public, rooms for temporary lodging of transient guests and in which no provisions are made for cooking in the individual rooms or apartments.
INTERIOR LOT LINEA lot line/property line between adjacent parallel lots/properties within a subdivision.
JUNKYARDA lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
KENNELA place or establishment, other than a pound or animal shelter, where domesticated household animals, not owned by the proprietor, are sheltered, fed, watered or groomed in return for a consideration.
LANDSCAPE PLANA plan associated with a land development or parking facility plan indicating the placement of landscape materials, which may include, but not necessarily be limited to, plant and tree specifications, species, quantities, locations, screening opacity, and method of installation.
[Ord. No. 1821, 10-11-2018]
LOTThe smallest parcel of land shown as a unit on a recorded subdivision plat.
LOT AREAThe total horizontal area within the lot lines of a lot.
LOT, CORNER OR EXTERNALA lot abutting upon two (2) or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension unless otherwise specified by the Building Inspector.
LOT, DEPTH OFA mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
LOT, INTERNALA lot which does not constitute a corner or external lot.
LOT LINE, FRONTA boundary line of a lot which coincides with a street boundary line. The word "street" as used in this definition shall not include alley unless it is at least forty (40) feet in width.
LOT LINE, REAR (INTERNAL)A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.
LOT LINE, SIDE (INTERNAL)A boundary line of a lot which does not coincide with a street boundary line. The word "street" as used in this definition does not include alley unless it is at least forty (40) feet in width.
LOT, REVERSED CORNERA corner lot, the rear lot line of which either abuts upon, or is directly across an alley from the side lot line of another lot or parcel.
LOT WIDTHThe mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.
MARIJUANACannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "marihuana" do not include industrial hemp containing a crop wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 1868, 7-25-2019]
MOBILE HOMEAll vehicles used or so constructed as to permit being used as conveyances upon the public streets and highways and duly licensable as such, and constructed in such manner as will permit occupancy thereof for human habitation, dwellings or sleeping places for one (1) or more persons, provided further that this definition shall refer and include all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed or transported by another vehicle; provided that this definition shall not apply to any vehicle lawfully operated upon fixed rails.
MOBILE HOME COMMUNITYAny area, tract, site or plot of land whereupon a minimum of twenty-five (25) mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes only and upon a permanent or semi-permanent basis.
MOBILE HOME PARKAny area, tract, site or plot of land whereupon a minimum of four (4) but less than twenty-five (25) mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes.
MOBILE HOME SPACEAny plot of ground within a mobile home community or mobile home park designed for the accommodation of one (1) mobile home as herein defined.
MOTELA group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.
MOTOR VEHICLE REPAIR SHOPA building or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
NON-CONFORMING USEThe use of any building or premises which is lawful at the time of the effective date of this Title but which use does not conform with the regulations and requirements of this Title for the district where located. This definition shall have the same application to any amendments hereto.
OPEN UNOCCUPIED SPACEThat area of private property upon which this Title prohibits the location of any building or structure except as provided in supplementary regulations.
PARCELAll contiguous lands (including lots and parts of lots) held in one (1) ownership.
PARKING AREA, PUBLIC OR CUSTOMERAn area other than a private parking area, street or alley, used for parking of automobiles and available for public or semi-public use.
PARKING SPACEA surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile.
PATIO HOMEA two-family residence constructed in an "R-4" Residential District constructed in conformance with all applicable City Building Codes, having a code conforming fire wall dividing said structure which said dividing fire wall is centered on the dividing lot line so that one (1) single-family residence (dwelling unit) is located on each side of said dividing lot line, with the left side of each such lot, when viewed from the street, to be designated by Lot No. ____A, and the right side to be designated by Lot No. ____B, with each side of said lot, including the single-family residence located thereon, being capable of being legally conveyed in fee simple, independently of the other side, without replatting, so that title to each side and dwelling unit may be held by a different owner or owners.
PERSONAny natural individual, firm, trust, partnership, association or corporation.
PLATA map, plan or layout of a city, township, section, or subdivision indicating the location and boundaries of individual properties.
PREMISESA parcel together with all buildings and structures thereon. See "BUILDING SITE".
RECYCLING CENTERSA facility for the recycling of waste paper, bottles, cans or other materials, including large scale collection and processing of recycled materials and reverse vending machines.
[Ord. No. 1642 §1, 9-25-2014]
RETAIL SALES AND SERVICESAny local convenience retail sales and/or service uses, including, but not limited to, antique shops, bakery shops, barbershops, beauty salons, bookstores, cafes and coffee houses, clothing stores, commercial studios, drugstores, dry cleaning and laundry pickup stations, gifts and stationery shops, florists, furniture stores, grocery, supermarket, or other food stores, hardware stores, laundromats, paint stores, shoe stores, sporting goods stores, vehicle parts shops, and the like, which supply commodities or perform services.
[Ord. No. 1599 §2, 9-26-2013]
SELF-SERVICE STORAGE FACILITYA building or group of buildings that contain varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the storage of customer's goods or wares. Accessory to the building or group of buildings may be designated parking area(s) for the outdoor storage of vehicles and watercraft.
[Ord. No. 1856, 7-11-2019]
SETBACK LINE - BUILDINGThe distance extending across the full width of a lot, the depth of which shall be measured between the front line of the building and the street line of the street right-of-way.
SIGNAny words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, firm, profession, business, or a commodity and which are visible from any public street or air. See "ADVERTISING SIGN" and "BILLBOARD".
SITE PLANA plan, to scale, that conceptually illustrates the development proposal for a property and which shows uses and structures as required by the regulations. Site plans may, include, but are not limited to, lot lines, streets, building sites/footprints and square footage, reserved open space, buildings, major landscape features (both natural and manmade) and, depending on the requirements, the locations of proposed utility lines, landscape areas and buffers, off-street parking, site access and circulations, and trash and service areas locations. The relationship of the proposed development to existing, surrounding developments should also be reflected. Note: Site plans relating to Telecommunications Regulations (Section
410.210) shall adhere to the provisions listing in that Section.
[Ord. No. 1821, 10-11-2018]
SOCIAL SERVICE AGENCYA facility or portion thereof and premises operated or managed by a public or non-profit agency used for purposes of providing crisis intervention and/or services related to physical and/or mental well-being. The term includes but is not limited to a facility offering life skills training, substance abuse counseling and referral, hotline response, identification of housing services, well-mother services for pregnant and post-pregnancy women, and similar human social service functions. Also see "transitional home" for social service agencies which include a residential element.
[Ord. No. 1861, 7-11-2019]
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
STREETThat area of land platted and dedicated for public use, or lawfully used, as a public thoroughfare for vehicular travel; excluding from this definition access ways commonly designated as alleys.
STREET JOG/STAGGERED STREET JUNCTIONA means of reducing vehicle conflicts in lieu of providing Street Crossings. Street Jogs/Staggered Street Junctions may only be used in residential zoned districts as a means of maintaining a view or vista provided there is enough room between buildings and or building setback line that run parallel with the street and on opposite sides of the street to maintain continuous buildings and or building setback lines on either side.
STREET LINEThe dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTUREAnything fabricated, assembled, constructed or erected by the skill of man, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, advertising signs, billboards, poster panels, steak ovens, trash burners, radio towers, retaining walls, poles and fences.
STRUCTURE ALTERATIONSAny change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; any substantial change in the roof or in the exterior walls, excepting from this definition such alterations as may be required for the safety of the building.
THEATER, MOVING PICTUREA building or part of a building devoted to the showing of moving pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-INAn open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
TOURIST HOMEA dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRANSITIONAL HOMEA residential use associated with a social service agency designed to provide housing and supportive services to an at-risk of homeless population to help prepare for independent living.
[Ord. No. 1861, 7-11-2019]
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any non-conforming use.
WAYA street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
YARDAn open space on a lot, which is unoccupied and unobstructed from the ground upward, exclusive of that portion dedicated for public streets, except as otherwise provided in this Title.
YARD, FRONTA space extending across the entire front of a lot between the structure setback line as required by the regulations of a particular zoning district and the roadway right-of-way line.
YARD MEASUREMENTIn measuring a yard for the purpose of determining the width of a side yard or the depth of a front or rear yard; the horizontal distance between the side lot line, front lot line or rear lot line, respectively, and a line parallel thereto and passing through the nearest point of the building shall be used.
YARD, REARA space opposite the front yard, extending across the entire rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line.
YARD, SIDEA space extending between the structure setback line as required by the regulations of a particular zoning district and the side lot lines measured between the front yard and the rear yard.
ZONING ADMINISTRATORAn official or designated person responsible for administering and enforcing the zoning ordinance and subdivision regulations.
[Ord. No. 1821, 10-11-2018]