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.

Alley orlane means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property.

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

Apartment house. See Dwelling, multiple.

Basement means a story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.

Boarding house or lodging house means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, but not transients.

Billboard sign means any off-premises sign to be no greater than 250 square feet in size.

Building orstructure 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 average contact ground level at the front wall of the building 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 level between eaves and ridge for gable, hip or gambrel roofs.

Building line means the line beyond which no building or part thereof shall project, except as otherwise provided by this article.

Cellar means a story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

Church means a building set apart for regularly scheduled public religious worship, not including units in a strip mall or other semi-detached buildings in a commercial area.

Commission means the planning and zoning commission of the city.

District means a section or sections 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 designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, RV, boarding house or rooming house, hotel or motel.

Dwelling, multifamily, means a building or portion thereof designed for or used by three or more families or housekeeping units.

Dwelling, single-family, means a building designed for or used exclusively for residence purposes by one family or housekeeping unit.

Dwelling, two-family, means a building designed for or used exclusively by two families or housekeeping units.

Dwelling unit means one room, or suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

Family means a group of one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel as herein defined.

Farm means an area which is used for the growing of the usual farm products, such as vegetables, fruit trees, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided, further, that the term "farming" does not include the feeding of collected garbage or offal to swine or other animals.

Filling station means any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles or installing or repairing minor parts and accessories, but not including the repairing or replacement of motors, bodies, or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.

Flashing sign means an illuminated sign on which artificial or reflected light is not constant.

Floor area means the total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

Frontage means all the 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, but not including property more than 400 feet distant on either side of a proposed building or structure.

Garage, commercial, means any building, or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

Garage, private, means a detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line; then the elevation of the street at the center of the wall adjoining the street shall be the grade.

Home occupation means an occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a name plate, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic household purposes.

Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.

House trailer. See Manufactured home.

Institution means a building occupied by a non-profit corporation or a non-profit establishment for public use.

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

Lodging house means a building or place where lodging and boarding is provided (or which is equipped regularly to provide lodging and boarding by prearrangement for definite periods), for compensation, for three or more, but not exceeding 12 individuals, not open to transient guests, in contradistinction to hotels open to transients.

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

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

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

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

Lot of record means a lot or parcel of land, the deed of which has been recorded in the office of the county recorder of Scott County, Missouri, prior to the adoption of the ordinance from which this article is derived.

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 foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established uner Title 42 of the United States Code.

Manufactured home park ormotel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Marijuana or marihuana means 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 does not include industrial hemp containing a crop wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis or commodities or products manufactured from industrial hemp.

Marijuana-infused products means products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.

Medical marijuana cultivation facility means a facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, to a medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

Medical marijuana dispensary facility means a facility licensed by the State of Missouri 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 patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

Medical marijuana-infused products manufacturing facility means a facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, to a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

Medical marijuana testing facility means a facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this article is derived or amendment thereto which does not conform after the passage of the ordinance from which this article is derived or amendment thereto with the use regulation of the district in which it is situated.

Nursing home means a home for the aged or infirm, in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions.

Parking space, off-street, means an area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile.

Portable sign means any sign which does not meet the structural requirements of transferring a 25 pound per square foot wind load safely to the ground.

Premises means a lot, together with all buildings and structures thereon.

Primary caregiver means an individual 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 on the primary caregiver's application for an identification card under Article XIV, Section 1, Right to access medical marijuana, of the Missouri Constitution or in other written notification from the State of Missouri.

Qualifying patient means a Missouri resident who has been issued a qualifying patient identification card by the State of Missouri Department of Health and Senior Services.

Rooming house means a dwelling occupied by a resident family or resident occupant and space made available for three or more rent-paying persons.

RV orrecreational vehicle (including automobile trailer and trailer coach) means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation or use as a selling, or advertising device, or use for storage or conveyance for tools, equipment, or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

RV park or campground means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more RVs used for any purpose set forth in the definition of the term "RV" in this section.

Sign means a device, a structure or part of a structure, including structural trim, which displays or upon which is displayed any colors, name, message or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of a building and meets the design loads defined in section.

Story means that 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 the floor and the ceiling next above it.

Story, first, means the lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes shall be deemed the first story.

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 four feet above the floor of such story; provided, however, that any partial story used for residence purposes shall be deemed a full story.

Street means a public right-of-way 50 feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than 30 feet and less than 50 feet in width, provided it existed prior to the enactment of this article. The term "street" shall include the term "avenue," "drive," "circle," "court," "road," "parkway," "boulevard," "highway," "way," "traffic way," "thoroughfare," or any other similar term.

Structure or building means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

Structural alteration means any change in the structural members of a building, such as walls, columns, beams or girders.

Subdivision means the division of a parcel of land into two or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Temporary sign means a sign intended for a limited period of display and which meets the design loads defined in section.

Use means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

Used means and includes the terms "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used."

Window sign means any sign located inside a building.

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 herein. 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 the 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. On corner lots, the front yard shall be considered as a parallel to the street upon which the lot has its least dimension.

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 all lots, the rear yard shall be in the rear of 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.

Zoning certificate means a document issued by the zoning or building inspector authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions. This is the zoning clearance permit.

Zoning inspector means the building inspector of the city, or his authorized representative.

Zoning map means the zoning map of the city together with all amendments subsequently adopted.

(Ord. No. 93, § 1, 9-26-1968; Ord. No. 256(A), art. IV, § 42, 1-22-1981; Ord. No. 1281, § 1, 8-12-2019; Ord. No. 1286, § 1, 8-30-2019)

All fees associated with this chapter shall be in the amount provided in the city fee schedule.