The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means a subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land. An accessory use is one which is incidental to the main use of the premises. The term "accessory building" shall also mean ground-mounted television satellite receivers.

Adult day care facility means a group facility designed to provide care and supervision to meet the needs of functionally impaired adults for periods of less than 24 hours but more than two hours per day in a place other than the adult's own home.

Alley means a way which affords only a secondary means of access to property abutting thereon, or which is less than 20 feet wide.

Apartment means a room or suite of rooms used as a dwelling, including bath and culinary accommodations, located in a building in which there are three or more such rooms or suites.

Apartment house. See Dwelling, multiple.

Automobile or motor vehicle wrecking shop. Every person who shall acquire a motor vehicle for the purpose of dismantling it or who shall sell or offer for sale a part from a dismantled motor vehicle is hereby declared to be engaged in the business or occupation of operating an automobile or motor vehicle wrecking shop.

Automobile parking lot means a permanently surfaced area available for compensation, free, or as an accommodation to employees, clients, or customers for the short-term parking of operable vehicles either within a structure or in the open and connected to a public street, alley, or other public way by a permanently surfaced driveway or access drive. The term shall also apply to parking garages or parking structures. For parking for the storage of vehicles, see "motor vehicle storage".

Automobile salvage or wrecking yard means any area of land where one or more inoperable motor vehicles or parts thereof, are stored in the open and are not being restored to operations.

Basement means that portion of a building that is partly or completely below grade.

Basement, finished, means any basement or portion of a basement that is utilized as living space.

Bed and breakfast means a single-family residence where there are guest rooms provided for overnight stay with breakfast being the only meal served, and where the host resides on the property. Rental of property for receptions and other social gatherings in accordance with health and safety regulations, limited to ten per year, is allowed, providing:

(1)

Permit is obtained from city/county health department for each occasion.

(2)

Food preparation is by licensed caterer and not prepared at residence.

(3)

No alcoholic beverages are served, unless an appropriate license is obtained.

Boarding house means a building other than a hotel or motel where, for compensation and by arrangement, meals or lodging and meals are provided for three or more persons. The term "boarding house" and "apartment hotel" may be used interchangeably in this chapter.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building, height of, means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Clinic, medical, means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine or dentistry together.

Contractor's storage yard, commercial, means a parcel of land on which there is a permanent structure, properly licensed for business, with an area of the property designated for the storage of equipment, supplies or materials meeting the following conditions:

(1)

Type of storage permitted. Only vehicles, equipment, supplies or materials consistent with the overall principal use of the business shall be permitted.

(2)

Equipment. Equipment shall be limited to a maximum weight class of 7.5 tons. All equipment shall be maintained in an operable condition.

(3)

Supplies and materials. Supplies and or materials shall have a neat and orderly appearance. Supplies and or materials shall be stacked not higher than six feet in height. Refuse or debris shall not be stored.

(4)

Location. All outdoor storage shall be located in either a side or rear yard. No outdoor storage shall be located within ten feet of a public right-of-way line.

Contractor's storage yard, industrial, means a parcel of land on which there is a permanent structure, properly licensed for business, with an area of the property designated for the storage of equipment, supplies or materials meeting the following conditions:

(1)

Type of storage permitted. Only vehicles, equipment, supplies or materials consistent with the overall principal use of the business shall be permitted.

(2)

Equipment. Equipment shall not be limited in weight class. All equipment shall be maintained in operable condition.

(3)

Supplies and materials. Supplies and or materials shall have a neat and orderly appearance. Refuse or debris shall not be stored.

(4)

Location. All outdoor storage shall be located in either a side or rear yard. No outdoor storage shall be located within ten feet of a public right-of-way line.

Convenience store means a place of business primarily engaged in the retail sale of gasoline and may include accessory uses, such as but not limited to restaurants, carwashes, and retail sales. Allowed accessory uses shall not include automobile repairs or video gambling devices as regulated by state law. Also see "gasoline filling station".

District means a section of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dwelling means any building or portion thereof which is designed for or used exclusively for residential purposes and complies with the city's building, plumbing, heating and electrical codes.

Dwelling, multiple, means a building designed for or occupied exclusively by more than two families.

Dwelling, single-family, means a building designed for or occupied by one family.

Dwelling, two-family, means a building designed for or occupied exclusively by two families.

Family means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than four unrelated individuals living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis. A family shall, under no circumstances, be construed as a boardinghouse, fraternity or sorority house, club, lodging house, hotel or motel.

Financial institution means any bank, bank holding company, sales finance company, consumer finance company, credit union, lender, savings and loan association, savings and loan association company, savings and loan association service corporation, company operating under the mortgage brokerage laws of this state, or any subsidiary of any of the foregoing. This definition shall not include "pay-day loan" or "cash advance loan" businesses.

Frontage means all property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, private, means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.

Garage, public, means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

Garage, storage, means a building or portion thereof designed or used exclusively for housing more than four motor-driven vehicles.

Gasoline filling station means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

Golf driving range means an area on which players drive golf balls from one or more driving tees. Such area may include the driving tee area, an area into which golf balls are hit, and accessory activities such as areas where buckets of golf balls, clubs, golf accessories, and food and drink refreshments can be purchased as well as storage structures for property maintenance purposes.

Grade means the following:

(1)

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(2)

For buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets.

(3)

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

(4)

Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street.

Where no sidewalk exists, the grade shall be established by the building official.

Group home means a residential facility serving nine or fewer residents, similar in appearance to a single-family dwelling and providing basic health supervision, habilitation training in skills of daily and independent living and community integration, and social support. Group homes do not include a family living arrangement or individualized supported living.

Home occupation means any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, except as permitted elsewhere in this chapter, and in which no commodity is sold upon the premises, and in which no person is employed other than a member of the immediate family residing on the premises, and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purpose and no traffic shall be generated by patrons or deliveries that is not characteristic of that which is typical for the neighborhood. The term "home occupation" includes the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment, but not for the general practice of his profession.

Hotel means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodginghouse, or an apartment house which are herein separately defined.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means discarded material of any nature or substance whatsoever, or any scrap or salvage materials, including, but not limited to, paper, rags, scrap iron, or other metals, glass, bottles, cans, barrels, lumber, appliances, furniture, tires, plumbing fixtures, plastic, vehicle or machinery parts, cans, bicycle parts, brush, beds, mattresses, box springs, household appliances or household goods.

Junkyard means an open area where junk or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Also see "automobile' or 'motor vehicle wrecking shop".

Laundromat means a business that provides home-type washing, drying or ironing machines and professional-type cleaning and pressing equipment for hire to be used by customers on the premises.

Loading space means a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, which space shall have a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

Lodging establishment means any building, group of buildings, structure, facility, place, or places of businesses where guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised, or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all accommodations operated for hire as lodging establishments for either transient guest, permanent guest, or for both transient and permanent guests.

Lodginghouse means a building other than a hotel where lodging only is provided for three or more but not more than 20 persons.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of deeds of the county, or a parcel of land, the deed of which was recorded in the office of the recorder of deeds prior to October 12, 1953.

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC Section 5401 et seq.

Miniature golf course means a novelty version of golf confined to an area comprised of less than one acre played with a putter and a golf ball on a course with an artificial playing surface and including obstacles such as bridges and tunnels.

Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.

Modular home means a factory-built home, other than a manufactured home, which meets all of the following requirements: is designed only for erection or installation on a site-built permanent foundation; is not designed to be moved once so erected or installed; is designed and manufactured to comply with a local modular building code recognized as generally equivalent to building codes for site- built housing; or to the manufacturer's knowledge, is not intended to be used other than on a site built permanent foundation.

Motor court ormotel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Motor vehicle storage facility means an open area or structure designed or used for the storage and parking of vehicles, including recreational vehicles or boats, for compensation but not for the repair, dismantling, or salvage of vehicles. Such storage areas may include those associated with self-service storage facilities / mini-warehouse uses, or facilities for temporary placement of operable or inoperable vehicles prior to lease or sale. Also see "automobile parking lot," "auto wrecking yards and junkyards," and "contractor storage yard" which are each distinct from this use.

Nonconforming building means a building or a portion thereof, which does not conform to the height and area requirements of the district in which it is situated.

Nonconforming use means the use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.

Nursing home means a private home, institution, building, residence or other place, whether operated for profit or not, which provides through its ownership or management maintenance, personal care or nursing for three or more individuals not related to the operator, who, by reason of illness, physical infirmities, or advanced age are unable to care for themselves, or provides shelter to three or more individuals not related to the operator and treatment or services which meet some need of the individual beyond the basic requirements of food, shelter, and laundry. The term "nursing home" shall not include the following:

(1)

A home, institution or other place operated by the federal government or agency thereof;

(2)

A hospital, sanitarium or other institution whose principal activity or business is providing facilities for the care or treatment of persons suffering from mental or nervous diseases;

(3)

A hospital licensed under the provisions of RSMo ch. 197; or

(4)

Any child welfare facility or maternity hospital required to be licensed by the state.

Office building means a building the use of which is devoted exclusively to offices.

Owner means the person responsible for obtaining a license from the city for operating a place of business or lodging establishment.

Parking area means an open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

Parking lot means an open-surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles may be equipped, repaired, rented or sold.

Parking space means a surfaced area, enclosed in the main building or in an accessory building or unenclosed, having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

Pay-day loan business means any business, except for financial institutions, that provides funds to a consumer for a limited time in exchange for a consumer's personal check or share draft in the amount of funds provided to the consumer plus a fee, where negotiation of such check or share draft is deferred by agreement of the parties until a designated future date.

Permanent guest means any person who rents and occupies a guest room in a lodging establishment for a period of 31 days or more.

Person means any individual, partnership, corporation, association, organization, firm, or federal, state, county, city, village, or municipal association or corporation.

Place means an open, unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

Private school means an institution of learning which provides a curriculum essentially similar to a public elementary school, high school or college, or any combination of such curriculums; however, a private school's curriculum may include study and training in areas not allowed in public schools, such as religion and military science. The term "private school" shall not include, unless otherwise indicated, a dancing school, school of cosmetology or any other schools which teach primarily a trade or skill.

Roominghouse. See Lodginghouse.

Shipping container storage units (aka shipping containers) means an intermodal freight container or other large container, in whole or in part, designed and manufactured for the reusable storage and transport of materials and products. The term shipping container shall also include the box portion, whether on or off axles, of a truck designed for hauling freight.

Story means the portion of a building 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 the floor and the ceiling next above it.

Story, half, means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes or by a family occupying the floor immediately below it, shall be deemed a full story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alterations means any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not in bearing walls as permitted by existing ordinances.

Structure means anything constructed or erected, 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 without limiting the general inclusiveness of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas.

Tourist home means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 individuals and open to transient guests, with which there is used only one sign not more than two square feet in area.

Transient guest means any person who rents and occupies a guest room in a lodging establishment for a period of less than 31 days.

Undertaking establishment means an establishment engaged in services such as preparing the deceased for burial and arranging and managing funerals. By way of example, typical uses include funeral homes or mortuaries.

Winery means a business that produces less than 5,000 cases per year. A winery shall provide at least two of the following four activities on site: crushing, fermentation, bulk aging/storing and bottling. When this criterion is met, accessory tasting rooms are allowed.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch. The front yard shall be considered as parallel to the street upon which the main entrance to the dwelling faces.

Yard, rear, means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereof.

(Code 1969, § 46-1; Code 1988, § 15-1; Ord. No. 3140, § 1, 6-8-1981; Ord. No. 3287, § 1, 7-22-1985; Ord. No. 3305, § 1, 1-13-1986; Ord. No. 3523, § 1, 9-10-1992; Ord. No. 3535, §§ 1, 2, 2-8-1993; Ord. No. 3560, § 1, 8-23-1993; Ord. No. 3617, § 1, 5-8-1995; Ord. No. 3837, § 1, 9-15-1999; Ord. No. 4212, § 1, 9-27-2011; Ord. No. 4476, § 1, 6-14-2021; Ord. No. 4552, § 1(Exh. A), 3-25-2024)

In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

(Code 1969, § 46-2; Code 1988, § 15-2; Ord. No. 4552, § 1(Exh. A), 3-25-2024)

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this chapter or any regulation made under authority conferred thereby, the city manager may institute any proper action or proceedings to:

(1)

Prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use;

(2)

Restrain, correct or abate such violation;

(3)

Prevent occupancy of such building, structure or land; or

(4)

Prevent any illegal act, conduct, business or use in and to such premises.

(Code 1969, § 46-3; Code 1988, § 15-3; Ord. No. 4552, § 1(Exh. A), 3-25-2024)

The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be punished by a fine of not less than $10.00 and not more than $100.00 for each day that such violation continues, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 or more than $250.00 for each day that such violation shall continue or by imprisonment for ten days for each day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

(Code 1969, § 46-4; Code 1988, § 15-4; Ord. No. 4552, § 1(Exh. A), 3-25-2024)