Ofallon City Zoning Code
ARTICLE II
Rules And Definitions
Section 400.030 Rules Of Construction.
[Ord. No. 7042, 8-24-2023]
A.
For the purposes of this Chapter, certain rules of construction apply to the text, as follows:
1.
Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.
2.
The terms "shall" and "must" are always mandatory and not discretionary; the words "may" or "should" are permissive.
3.
Words or terms not interpreted or defined by this Article shall be used with a meaning of common or standard utilization.
4.
The word "person" includes a firm, organization, association, partnership, trust, company, or corporation, as well as an individual.
5.
The words "use" or "occupy" shall include the words "intended," "designed," or "arranged" to be "used" or "occupied."
Section 400.035 Definitions.
[Ord. No. 7042, 8-24-2023; Ord. No. 7118, 6-27-2024; Ord. No. 7204, 4-24-2025]
The following definitions shall apply in interpretation and enforcement of this Chapter, unless otherwise specifically stated:
An easement which grants the right to cross property.
A subordinate building or structure having a use customarily incident to and located on the lot occupied by the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
A use incidental and subordinate to the principal use of the premises.
The officer or other authority designated by the Director of Planning and Development to carry out specific duties as assigned and prescribed by this Chapter.
Any business, commercial establishment or premises in which ten percent (10%) or more of its sales floor area is devoted to the sale, rental or lease of books, magazines, periodicals, photographs, films, motion picture, video cassette, slides, digital video disc, sexually oriented toys or novelties designed for use in connection with specified sexual activities or other explicit sexual material that depict or describe specified sexual activities. Said adult bookstore or adult video store may not publicly display any of the books, magazines, periodicals, photographs, films, motion picture, video cassette, slides, digital video disc, sexually oriented toys or novelties designed for use in connection with specified sexual activities or other obscene or explicit sexual material that depict or describe specified sexual activities. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
Any nightclub, tavern, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually or consistently features or otherwise offers to the public, customers, patrons or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance includes any of the following:
Persons who appear in a state of semi-nudity; and
Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
Any person who appears in a state of semi-nudity shall be at least ten (10) feet from any customer, patron, member or other individual in a state of semi-nudity at all times and shall be prohibited from touching a customer, patron, member or other individual in a state of semi-nudity or the clothing of a customer, patron or member. Any person who appears in a state of semi-nudity shall be at all times on a stage at least two (2) feet from the floor and behind a railing no less than twenty-four (24) inches in height. Any person who appears in a state of semi-nudity shall not knowingly or intentionally depict, simulate or perform specified sexual activities. All employees, performers, guests, customers, patrons and members shall be prohibited from knowingly and intentionally appearing in a state of nudity or depicting, simulating or performing specified sexual activities. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older. |
A hotel, motel, inn, building or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, digital video discs or other photographic reproductions fifty percent (50%) or more of the number of which are distinguished or characterized by the depiction or description of specified sexual activities, nudity or semi-nudity and/or which rents, leases or lets any single room for less than a six (6) hour period or rents, leases or lets any single room more than twice in an eighteen (18) hour period. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
An establishment emphasizing or showing sexually oriented movies distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, semi-nudity or specified sexual activities. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually or consistently features live theatrical performances or persons who appear in a state of semi-nudity. Any person who appears in a state of semi-nudity shall be at least ten (10) feet from any customer, patron, member or other individual in a state of semi-nudity at all times and shall be prohibited from touching a customer, patron, member or other individual in a state of semi-nudity or the clothing of a customer, patron or member. Any person who appears in a state of semi-nudity shall be at all times on a stage at least two (2) feet from the floor and behind a railing no less than twenty-four (24) inches in height. Any person who appears in a state of semi-nudity shall not knowingly or intentionally depict, simulate or perform specified sexual activities. All employees, performers, guests, customers, patrons and members shall be prohibited from knowingly and intentionally appearing in a state of nudity or depicting, simulating or performing specified sexual activities. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained in a viewing room to show images distinguished or characterized by the depicting or describing of nudity or specified sexual activities. Said adult video arcade may not publicly display any such poster, interior signage or similar attraction distinguished or characterized by the depicting or describing of nudity or specified sexual activities. Any such viewing room shall not be obscured by any curtain, door, wall or other enclosure. No viewing room shall be occupied by more than one (1) individual at a time and there shall be no aperture between viewing rooms which is designed or constructed to facilitate sexual activity between persons in different rooms. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
For the purpose of standing to file permitted appeals from decisions made in the course of administration of the City's land use regulations, an aggrieved party is one who:
Suffers a demonstrable and material adverse effect from the decision at issue; and
Is an owner or occupant of property adjacent to the subject property. For this purpose, property which would be adjacent to the subject property but for an intervening street, alley or common ground shall be deemed to be "adjacent."
The use of land for any of the following purposes, including, but not limited to farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed lots or pens, sales yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use.
A private right-of-way with a minimum pavement width of twenty (20) feet that provides secondary vehicular access to the rear or side of a lot, block, or parcel of land otherwise abutting a street. Alleys shall:
Be designated and signed for "one-way" traffic;
Have a minimum five (5) foot wide easement strip placed adjacent to the right side of the alley easement designated for trash receptacle placement;
Be designated and signed to prohibit parking in the alley; and
Be designated and signed as "private streets" in accordance with Section 400.264 of the Subdivision and Land Development Code.
Any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building.
A specific type of exterior wall covering made of architectural aluminum panels with hidden fasteners that are flat as opposed to ribbed metal siding. This material can only be used in certain zoning districts and in certain amounts.
A facility whose primary use is to house animals on a full-time basis for either sale or adoption.
A room or a suite of rooms within an apartment building arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
Typical apartment buildings are designed with an internal single or double loaded corridor which opens to a number of apartment flats. Apartment buildings, because of their height, are usually constructed with steel frame or reinforced concrete. A multi-family apartment building of up to four (4) or more stories in height shall be served by one (1) or more elevators.
GROSS PROJECT AREATotal project area.
NET PROJECT AREATotal project area less land allocated to public street right-of-way, private streets, parking areas and any land allocated to specified non-project uses such as schools and churches when determining the "net residential project area" to be used as a basis for calculating the number of permitted dwelling units for a Planned Unit Development.
Construction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.
Any group housing and services program, other than a skilled nursing facility, for three (3) or more unrelated adults that promotes resident self-direction and participation in decisions that emphasize choice, dignity, privacy, individuality, independence and home-like surroundings and makes available, at a minimum, one (1) meal per day, housekeeping services and personal care services directly or through a formal written agreement with one (1) or more licensed home care or hospice agencies. Settings in which services are delivered may include self-contained apartment units or single or shared units with private or area baths.
A space or room in a building between the ceiling of the top floor and the roof often used for storage, but not designed for permanent habitation.
An office building, store or portion thereof which provides for the custody, loan, exchange, or issue of money, the extension of credit, or facilitating the transmission of funds, and which may include accessory drive-up units on the same premises.
A story below the first story as defined under "story" counted as a story for height regulations, in multi-family districts if subdivided and used for dwelling purposes.
An area of land within a subdivision that is entirely bounded by streets, highways, or right-of-way, except alleys, or between streets, highways, streams, parks, etc., or any other barrier, or combination thereof, to the continuity of development.
A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for four (4) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
A strip of land located between incompatible land uses which is subject to private use restrictions, or a negative easement, or is dedicated to public use as open space, for the purpose of protecting the built environment of a subdivision or to enhance a street right-of-way, or both.
Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment.
Manager of Building and Code Enforcement for the City of O'Fallon, Missouri.
The proportion of the lot area, expressed as a percent that is covered by the maximum horizontal cross section of a building or buildings.
The vertical distance from the average ground level abutting a building or structure to the highest point of the roof of a building or highest point of any permanent part of a structure other than a building.
A line parallel to a street right-of-way line, edge of a stream, or other property line established on a parcel of land or lot for the purpose of prohibiting construction of a building or structure in the area between such building line and right-of-way, stream-bank, or other property line.
The officer or other designated authority charged with the administration and enforcement of the Building Code.
The term used to indicate the size and setback of a building or structure and the location of same with respect to another building or structure or to a lot line and includes the following: size and height of a building or structure; location of exterior walls of a building in relation to lot lines, streets, or other buildings; the floor area of a building in relation to the area of the lot on which it is located; the open space allocated to and surrounding a building; and the amount of lot area per dwelling unit.
A place for burial of the dead, including crematory facilities as an accessory use.
A business engaged in check-cashing operations for a fee as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a banking or savings and loan facility.
A building used principally for religious worship, but the word "church" shall not include or mean an undertakers chapel, or funeral building, a religious educational institution or parochial school or daycare center.
The City of O'Fallon, Missouri.
The officially elected City Council of the City of O'Fallon; the term may be abbreviated in this Chapter as the Council.
The officially appointed Engineer of the City of O'Fallon.
A building or premises used for social, recreational, dining or philanthropic purposes the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.
The officially designated representative of the City of O'Fallon responsible for the enforcement of the Sign Code, Zoning Code and other ordinances.
The Planning and Zoning Commission for the City of O'Fallon, Missouri.
All portions of a condominium property, except the units.
That land set aside for open space, recreational or other common use by the owners of the lots in a subdivision, and which is owned by trustees for the sole benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his/her interest in the common ground except as an incident of the ownership of a platted lot.
A land use plan made and adopted by the City Planning and Zoning Commission and City Council for the City of O'Fallon which through any combination of text, charts, and maps sets forth proposals for general locations for various land uses, streets, parks, schools, public buildings, utilities, and for the physical development of O'Fallon.
A conditional use is a use that would not be appropriate generally or without restriction throughout the Zoning District but which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such Zoning Districts as conditional uses, if specific provisions for such conditional use is made in this Zoning Code.
A form of ownership pursuant to the provisions of Chapter 448, RSMo., in which individuals own the interior space of separate units, but together through an owners' association share ownership of all common elements and common ground appurtenant to the units.
A building or part of a building where secondhand goods, articles, or antiques are offered or kept for sale at retail to the general public wherein the owner/operator of the business sells the merchandise in exchange for a fee from the owner(s) of the goods, articles, or antiques.
The drawings showing types of materials and construction details for physical structures and facilities, excluding dwelling units to be installed in conjunction with development of a subdivision.
An establishment which performs only the following types of insertion of pigmentation under the skin:
The application of permanent eyeliner, eyebrows, cheek blush, eye shadow, and lip liner or lip color for cosmetic purposes; and
For repigmentation of the areola or scar camouflage which is the disguising or concealing permanently blotchy or irregularly pigmented skin, acne scarring or other permanent skin irregularities by the use of blending pigments into the skin.
An approach to crime prevention that uses urban and architectural and the management of built and natural environments to reduce victimization, deter offender decisions that precede criminal acts, and build a sense of community among inhabitants. This accomplished through the design of buildings, landscaping, lighting, outdoor environments, and other relevant factors.
A local street with only one (1) outlet and having an appropriate turnaround at the end for the safe and convenient reversal of traffic movement.
The mean level of the curb in front of the lot or in case of a corner lot, along that abutting street where the mean curb level is the highest.
A facility designed to provide care and supervision to meet the needs of five (5) or more functionally impaired adults for periods of less than twenty-four (24) consecutive hours per day, but more than two (2) hours per day in a place other than the adult's home.
A place which provides shelter and personal care to children who are not related within the third degree computed according to civil law to the operator, for four (4) or more hours of any part of twenty-four (24) hour day, whether such place be organized or operated for profit or not. The term "daycare center" includes child care facility, kindergarten, nurseries or any other facility that falls within the scope of the definitions set forth above.
Intentional transfer by the developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by compliance with Statutes relating to dedication of land, by formal deed of conveyance, or by any other method recognized by the laws of the State of Missouri. Acceptance by the City of maintenance responsibilities will be an action by the City Council separate from the dedication.
The number of dwelling units per acre of gross land area.
The use of a site for the provision by a public agency of housing and care for legally confined individuals.
That person, firm or corporation by whom a tract will be subdivided and/or improved pursuant to the requirements of these regulations.
Any subdivision of land as herein defined or any material change in the use or appearance of any parcel of land subject to provisions of this Chapter, or the act of building structures and/or installing site improvements.
The City's Planning Director or such other person designated to administer and enforce this Chapter.
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.
Animals kept exclusively for the personal enjoyment of the occupants of a principal building and including those animals normally kept as pets such as dogs, cats, birds, guinea pigs, etc.
A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.
Any business so developed that its retail or service character is primarily dependent upon serving patrons who remain in their motor vehicles in a driveway or parking spaces.
A building or portion thereof, designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, boarding and lodging houses, apartment buildings and town houses, but not hotels.
The area of a dwelling unit is composed of those rooms designed for and exclusively used for residential purposes, including bedrooms, kitchen, dining room, den/library, bathrooms, family and living rooms, and hallways connecting these rooms.
A building or portion thereof, arranged, intended or designed for occupancy by three (3) or more families on a rental or ownership basis and commonly referred to as a triplex, four-plex, or apartment building.
A detached building arranged, intended, or designed for occupancy by one (1) family.
A building designed for occupation by two (2) families living independently of each other and being designed in accordance with one (1) of the following:
The two-family dwelling is located on a single platted lot of record that does not provide for the sale of the individual dwelling units. The individual dwelling units may be located side-by-side or with one (1) dwelling unit located above the other dwelling unit.
The two-family dwelling is located on two (2) separately platted lots of record and the interior side lot line (party lot line) runs coincident with the common firewall separating the side-by-side units.
The two-family dwelling is located on a single platted lot of record and:
A right or privilege to use a portion of another's property for a particular purpose.
A public or private parking space or parking lot that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle.
A professional engineer registered in the State of Missouri.
A person who for consideration agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform for another person in a state of semi-nudity. Any escort or their guests, customers, patrons or members shall be prohibited from knowingly and intentionally appearing in a state of nudity or depicting, simulating or performing specified sexual activities.
A business that furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
Any pictorial or three (3) dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. Explicit sexual material shall include undeveloped photographs, printing plates, computer software and other latent representational objects or material.
A building which, in whole or in part, has a main or accessory use and is kept, maintained, advertised or held out to the public to be a place where living and sleeping accommodations are offered for consideration to guests and having a common entrance or entrances. The term "extended stay facility" shall include any building which, although advertised as a "hotel" or "extended stay hotel," meets one (1) or more of the following:
A network or system, or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment; provided, however, that facilities shall not include individual service drops of fifty (50) feet or less, temporary construction facilities, private sewer laterals, or similar circumstances as may be determined by the Director of Planning and Development.
A permit granted by the City for placement of facilities on private property.
One (1) or more persons who are related by blood, marriage, or adoption, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis.
A building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.
The area of land adjoining the channel of a river, stream, watercourse, lake or similar body of water which has a one percent (1%) chance to be inundated by a flood in any given year as defined by FEMA.
For commercial business and industrial building or buildings, containing mixed uses; the sum of the gross horizontal areas of the several floors of the building measured from the exterior walls, but not including:
For residential buildings; the gross horizontal areas of the several floors of a dwelling exclusive of garages, basements and open porches measured from the external faces of the exterior walls.
An area designed to accommodate two (2) or more mobile food establishments and offering food and/or beverages for sale to the public as the primary use of the property.
The length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street right-of-way.
All general sales, open to the public, conducted from or on a residential premises in any residential zone district for the purpose of disposing of personal property, including, but not limited to, all sales entitled "estate," "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage sale."
A building or portion thereof, other than a public or repair garage, providing storage for motor vehicles but no other services, such garage to be in lieu of private garages within a block or portion of block.
An accessory building or portion of a main building used for storage of automobiles or other household items.
A building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes.
A building or portion thereof, except those defined as a private, a repair or a community garage providing storage for motor vehicles with facilities for washing but no other services.
A two (2) or three (3) story multi-family apartment building usually of wood frame construction. The typical garden apartment building is designed with apartment flats which extend through the building without a central corridor. One-half (1/2) of the units have ground level patios and the second-story units have balconies. In land planning the trend is toward two (2) story walk up buildings at low density, with open spaces for recreational purposes and to preserve the natural terrain and trees. Frequently, a sloping site can be adapted to gain another story without necessitating more than one (1) flight of stairs.
A form of residential occupancy, other than a family, 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.
A pipeline:
A facility, either at ground level or atop a building, for the landing and takeoff of helicopters or other rotorcraft, which does not include passenger or cargo facilities, hangars, storage, fueling, service or similar facilities.
An occupation carried on within a dwelling or accessory building by members of the family occupying the dwelling and no more than two (2) non-resident individuals, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of the neighboring residents to enjoy the peaceful occupancy of their homes.
An institution whose primary function is providing inpatient health services; medical or surgical care of the sick or injured; and maintaining, as an integral part of the institution, such related facilities as ambulance services, medical clinics, medical laboratories, out-patient physician services, staff offices, training facilities, central service facilities, as well as medical supplies sales and services. Such institutions may also provide pharmaceutical sales, food and beverage sales for consumption on-site, and gift shop and florist sales in support of their primary function.
A building which, in whole or in part, has a main or accessory use and is kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for consideration to transient guests and having a common entrance or entrances. The term "transient guest" means persons who pay for and occupy a particular room or unit on a nightly basis and who occupy the premises for no more than thirty (30) days within a one (1) year period of time. A "hotel" shall not include any building in which more than ten percent (10%) of the rooms or units contain kitchen or cooking facilities; provided, however, that hotels may include in rooms a miniature refrigerator (commonly referred to as a "mini-bar"), microwave ovens and automatic-drip coffee makers.
A facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing. Residents shall have individual dwelling units with living, sleeping, bathroom and kitchen facilities. The facility may provide home health care or other community based services on an individual basis and offer meals, linen and housekeeping services.
The use of a site for the consultation, diagnosis, therapeutic, preventative or corrective personal treatment by doctors, dentists, medical or dental laboratories or similar practitioners of medical and healing arts for humans, licensed for practice by the State on an inpatient basis.
A building occupied by a non-profit corporation or a non-profit establishment.
A parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or worn out materials, or manufactured products, any of which may or may not be re-useable or salable.
A business that provides washing, drying or ironing machines and professional-type cleaning and pressing equipment for hire to be used by customers on the premises.
Includes an area that begins twenty-five (25) feet of either side of any hazardous pipeline and extends to fifty (50) feet from either side of any hazardous pipeline.
A play, skit, opera, ballet, concert, comedy or musical drama.
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 twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet. Any loading or unloading must be conducted within a designated loading space.
A building or group of buildings which is licensed by the State of Missouri to provide twenty-four (24) hour, intensive, skilled and supportive nursing care, convalescent or chronic care under medical supervision to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
A measured portion of a parcel or a tract of land, set forth in a recorded plat, recorded or proposed to be recorded, and intended as a unit for transfer of ownership or for development.
Lot coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and included all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof over-hang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirement. The percent of lot coverage shall be computed as follows:
Square feet of ground coverage of all ground coverage of all | ||
Percent of lot coverage | = | principal and accessory buildings divided by |
Total square feet of lot area. |
The mean horizontal distance from the front lot line to the rear line.
The boundary between a lot and the street on which it fronts.
The boundary line or lines opposite and most distant from the front street line; except that in the case of uncertainty the administrative officer shall determine the rear line.
Any lot boundary line not a front or rear line thereof; a side line may be a party lot line, a line bordering on an alley or place or a side street line.
The lines bounding a lot as defined herein.
The horizontal distance between side lot lines, measured at the front building line.
A lot abutting upon two (2) or more streets at their intersection.
A lot whose side lines do not abut upon any street.
An interior lot having frontage on two (2) streets.
A freestanding receptacle or structure designed for the collection and temporary storage of incoming and outgoing mail items. It is typically located in a public or semi-public area and provides a convenient location for individuals or businesses to deposit and receive mail.
A structure transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on-site, is six hundred (600) 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; 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 Department of Housing and Urban Development (HUD). For mobile/manufactured homes built prior to June 15, 1976, a label certifying compliance to the standard for mobile/manufactured homes, NFPA 501, ANSI 119.1 in effect at the time of manufacture is required. For the purpose of these provisions, a mobile/manufactured home shall be considered a manufactured home.
That part of an individual manufactured home lot which has been reserved for the placement of a manufactured home, appurtenant structures or additions.
Includes any "medical marijuana cultivation facility" and "comprehensive marijuana cultivation facility," as those terms are defined in Article XIV of the Missouri Constitution, licensed by the State of Missouri.
Includes any "medical marijuana dispensary facility," "comprehensive marijuana dispensary facility" and "microbusiness dispensary facility," as those terms are defined in Article XIV of the Missouri Constitution, licensed by the State of Missouri.
Includes any "medical marijuana cultivation facility"; "medical marijuana dispensary facility"; "medical marijuana-infused products manufacturing facility"; "comprehensive marijuana cultivation facility"; "comprehensive marijuana dispensary facility"; "marijuana testing facility"; "comprehensive marijuana-infused products manufacturing facility"; "microbusiness wholesale facility"; "microbusiness dispensary facility," as those terms are defined in Article XIV of the Missouri Constitution, and any other type of marijuana-related facility or business licensed or certified by the State of Missouri.
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, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
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, ingestible products, topical products, suppositories, and infused prerolls.
Includes any "medical marijuana-infused products manufacturing facility" and "comprehensive marijuana-infused products manufacturing facility," as those terms are defined in Article XIV of the Missouri Constitution, licensed or certified by the State of Missouri.
An exterior wall covering made of ribbed aluminum, steel or other metal materials with either hidden or exposed fasteners. This material can only be used in certain zoning districts and in certain amounts.
A food service operation that is operated from a movable motor driven or propelled vehicle, or portable structure that can change location.
A detached single-family dwelling unit, in an approved mobile home park, with all of the following characteristics:
Designed for long-term occupancy, containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for, attachment to outside systems;
Designed to be transported after fabrication on wheels or on a flatbed;
Delivered to a site where it is to be occupied as a complete dwelling, including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, etc.; and
Designed to have a permanent foundation.
A self-contained unit designed to be transported after fabrication on wheels or on a flatbed, delivered to a site with a permanent foundation; ready for use except for minor unpacking and assembly, location on foundation supports, connection to utilities, etc.
Any plot of ground containing five (5) acres or more which is equipped as required for support of mobile/manufactured homes and used or intended to be used by one (1) or more occupied mobile/manufactured homes, but under no circumstances shall the mobile/manufactured home spaces be sold or offered for sale individually. The term "mobile/manufactured home park" does not include sales lots on which unoccupied mobile/manufactured homes, whether new or used, are parked for the purposes of storage, inspection or sale.
A dwelling unit made of one (1) or (usually) more modules built in a factory and erected on a foundation. The dwelling unit adheres to the Building Code and is considered real property. These units are not designed and/or constructed to be readily movable.
Shall be the same as "hotel."
A grant by the developer to the public, a corporation, or person(s) for use of a recorded strip of land for open space or other non-developed purposes.
The construction after May 1, 2005, of a structure intended for human occupancy. This Chapter shall not apply to any building or structure to be located on any lot or within any development which has received final approval of plats or site plans by either the City Council or the Planning and Zoning Commission, as applicable, as of the date of the adoption of this Chapter.
A parcel or tract of subdivision land withheld from development and subject to private use and access restrictions for the purpose of protecting the environment of subdivision, or to enhance a street right-of-way, or to improve traffic flow on a principal street.
A use, building or yard existing legally at the time of the passage of this Chapter (October 16, 1984) or any amendment thereto which does not, by reason of design, use, or dimensions, conform, to the regulations of the district in which it is situated.
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or anal cleavage with less than fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.
A residence or other place licensed by the State of Missouri as a nursing home.
Any material or performance if:
Applying contemporary community standards, its predominant appeal is to prurient interest in sex;
Taken as a whole with the average person applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
Taken as a whole, it lacks serious literary, artistic, political or scientific value.
Land dedicated or reserved for use by the general public or for use by residents of the subdivision, or land held out of development and retained in its natural conditions, with or without public access. Open space includes, but is not limited to, parks, parkways, playgrounds, school sites, wildlife or plantlife preserves, and nature study areas.
A continuous area or acreage of land which can be divided or subdivided as provided by this Chapter.
An open, unoccupied space used or required for use for parking vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
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.
A surfaced area, enclosed in the main building or in an accessory building or unenclosed, having an area of not less than one hundred seventy-one (171) square feet, unless otherwise approved by the Planning and Zoning Commission as outlined in this code, exclusive of driveways, permanently reserved.
Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
An individual, partnership, limited-liability corporation or partnership, association, joint-stock company, trust, organization, corporation, or other entity, or any lawful successor thereto or transferee thereof.
Establishments engaged in providing individual services related to personal needs. This includes barbershops, beauty shops, massage therapy licensed by the State of Missouri, beauty and health spas, and other similar establishments.
Property which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
An establishment engaged in the business of providing hygienic care to animals (i.e., shampooing, brushing, trimming, etc.). A pet grooming facility may have supervised outside activities, which are defined as having a single animal under the physical control of an individual. Pet boarding/kennels are prohibited without the approval of a conditional use permit.
A person engaged in or organized for the purpose of owning, operating or controlling a hazardous pipeline.
A specific parcel of land or several contiguous parcels of land under common ownership or control which, when designed in accordance with this Chapter and approved by the City Council, allow for the development of residential, commercial, office, high tech or industrial land by means of an alternate, more flexible method than would be permitted utilizing the City's conventional Zoning Code and Subdivision and Land Development Code regulations. A proposed Planned Development will only be reviewed if it is determined to meet the qualifying objectives to the satisfaction of the City Council of one (1) of the three (3) types of permitted Planned Developments. Under no circumstances will a Planned Development be permitted when the same development objectives can be accomplished utilizing the City's conventional Zoning Code and Subdivision and Land Development Code regulations.
A type of development used to increase flexibility and allow deviation from certain regulations of the underlying zoning district for large scale developments. Planned Unit Developments are meant to be used when various environmental factors would make development within the standard districts unreasonably difficult or impossible.
The officially appointed Planning and Zoning Commission of the City of O'Fallon; the term may be abbreviated in this Chapter as the "Commission."
A map or chart of a tract of land or a subdivision of land.
The use of a site for a private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Missouri.
The use of a site for a private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the State of Missouri.
The use of a site for a public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Missouri.
The use of a site for a public school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the State of Missouri.
Public parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or enjoyment.
Exposing, placing, posting, exhibiting or in any fashion displaying in any location within the interior or exterior of sexually oriented business an explicit sexual material, obscene item or item portraying nudity, semi-nudity or specified sexual activities in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision from adjacent businesses, the property of others or when viewing it from a public or private street, highway, sidewalk or multi-purpose trail.
Includes an area within twenty-five (25) feet of either side of any hazardous pipeline.
When a subdivision lot occurs between two (2) non-intersecting streets, one (1) of which is a parkway, thoroughfare, or collector and the other is a minor residential street, the lot will front on the minor residential street and a non-access reservation will be provided buffering the rear of the lot from the traffic artery.
The land opened, reserved or dedicated for a street, sewer, water, walk, drainage course or other public purpose.
Flagellation or torture by or upon a person clothed, nude or in a state of semi-nudity for the purpose of sexual arousal or the condition of being fettered, bound or otherwise physically restrained on the part of one (1) clothed or nude for the purpose of sexual arousal.
A hedge of closely spaced shrubs with dense foliage in all seasons that effectively blocks view. Among the species that include varieties that would provide the necessary conformation are: American Holly, Chinese Juniper, Rocky Mountain Juniper, Easter.
A state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, the entire nipple and areola of the female breast and the entire front of the female breast. Semi-nudity shall not include any portion of the cleavage of the human female breast exhibited by wearing apparel, provided the areola and the front of the breast are not exposed in whole or part.
A development of land as a unified, self contained, residential community constructed expressly for use and residency by persons who have achieved a minimum age of fifty-five (55) years or older. A senior community shall be permitted only within a Senior Community Overlay District and only upon the granting of a conditional use permit by the City Council.
A building or group of buildings, erected primarily for the use of the residents of a senior community and their guests, that provides educational, recreational or social services that may include, but are not limited to, a library, place of worship, game room, entertainment room, kitchen, cafeteria or dining room, pool, toilet facilities and similar facilities.
A subdivision of land within a senior community that results in the creation of lots to serve as home sites upon which individual single-family dwellings are to be constructed for residency by seniors. The individual single-family dwellings may be detached homes, attached town houses or other building type(s) approved by the City Council that is/are designed for occupancy by an individual family.
Providing or delivering an economic good or an article of commerce, including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or stormwater, sewerage or any similar or related service, to one (1) or more persons located within or outside of the City using facilities located within the City.
Any business, commercial establishment or premises in which ten percent (10%) or more of its sales floor area is devoted to the sale, rental or lease of sexually oriented toys or novelties designed for use in connection with specified sexual activities or sadomasochistic practices. Said sex shop may not publicly display any sexually oriented toys or novelties designed for use in connection with specified sexual activities or other obscene or explicit sexual material. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older.
Anything in print or writing, or any sexual picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any sexual recording or transcription, or any sexual mechanical, chemical or electrical reproduction, or anything sexual which is or may be used as a means of communication. Sexual material includes undeveloped sexual photographs, printing plates and other latent representational objects.
Any adult cabaret, nightclub, tavern, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually or consistently features or otherwise offers to the public, customers, patrons or members any live exhibition, live theatrical performance or dance by persons whose exhibition, performance or dance includes any of the following:
Any sex shop, adult video arcade, adult bookstore, adult video store, adult hotel/motel, adult motion picture theater, adult theater or escort agency shall also be considered a sexually oriented business. Any business, commercial establishment or premises where ten percent (10%) or more of its sales floor area publicly displays explicit sexual material or services for sale, rental or viewing shall also be considered a sexually oriented business. No building, premises, structure or other facility that contains any of the above-listed sexually oriented businesses shall contain any other type of the above-listed sexually oriented businesses. All employees, performers, guests, customers, patrons or members of any sexually oriented business shall be prohibited from knowingly and intentionally appearing in a state of nudity or depicting, simulating or performing specified sexual activities. Any sexually oriented business shall be prohibited from publicly displaying exposing, placing, posting, exhibiting or in any fashion displaying in any location within the interior or exterior of said sexually oriented business any explicit sexual material, obscene item or item portraying nudity, semi-nudity or specified sexual activities in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision from adjacent businesses, the property of others or when viewing it from a public or private street, highway, sidewalk or multi-purpose trail. With the exception of individuals on the premises for repair or maintenance of the premises, equipment on the premises or for the delivery of goods to the premises, all employees, guests, customers, patrons or members must be age twenty-one (21) or older. A sexually oriented business shall only be permitted if a conditional use permit is granted by the City Council per the requirements of Article VII of the Zoning Code. The review of a conditional use permit for a proposed sexually oriented business shall follow the same procedure as the review of any other proposed use within the City requiring a conditional use permit and shall not be unduly delayed under any circumstance.
Instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts or designed or marked primarily for use to stimulate human genital organs. Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices shall be considered sexually oriented toys or novelties.
A group of retail stores, planned and developed for the site upon which they are built and owned and managed as a unit with off-street parking provided on the property.
A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features — both natural and manmade — and, depending on requirements, the locations of proposed utility lines.
A business engaged in providing small or short-term loans to the public, including, but not limited to, small loan companies operating pursuant to Sections 367.100 through 367.215, RSMo.; payday lenders operating pursuant to Sections 408.500 through 408.506, RSMo.; consumer installment lenders operating pursuant to Section 408.510, RSMo.; title lenders operating pursuant to Sections 367.500 through 367.533, RSMo., and any business which offers these or substantially similar services. Small loan establishments shall not include:
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, fondling or other erotic touching of nude human genitals, pubic regions, buttocks or female breasts, whether covered or uncovered.
That part of a building included between the surface of one (1) floor and the surface of the floor next above or, if there be no floor above, that part of the building which is between the surface of a floor and the ceiling next above. A top story attic is a half (1/2) story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half (1/2) story when between fifty percent (50%) and seventy-five percent (75%) of the area of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.
A general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court, or other such terms but shall not include pedestrian way or alley.
Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or the addition of new electrical circuits or plumbing fixtures to the building.
Any improvement on land composed of manmade materials.
The owner, agent or person having control of such land as the term is used in this Chapter. "Subdivision" shall mean the division of land into two (2) or more parts, including the resubdivision of a lot or parcel. Any sale or rental of a division of land by metes and bounds or lot description shall constitute a subdivision of land and shall require compliance with this Chapter unless it is a separate parcel of record at the time of the effective date of this Chapter.
The partitioning of a parcel or tract of land by an owner or developer into two (2) or more lots of any size for the purpose of sale, lease, or development, whether immediate or future; included are all changes in street lines, dedication or platting of streets, and changes in lot lines.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "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:
Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
An establishment which offers and performs:
The placement of designs, letters, scrolls, figures, symbols, or other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration, markings or body art of the skin, by the aid of needles or any other instrument designed to touch or puncture the skin; and
The penetration of the skin to make a hole, mark, or scar, generally permanent in nature, not including the use of a mechanized, presterilized ear piercing system that penetrates the outer perimeter or lobe of the ear or both.
An establishment which limits its practice to cosmetic tattooing, as defined in this Code, shall not be considered a tattoo and body piercing establishment.
Any business establishment that derives more than fifty percent (50%) of its gross revenue from liquor sales, including package liquor sales.
A residential building:
Containing between two (2) and eight (8) dwelling units constructed side-by-side;
Constructed of one (1), two (2) or three (3) stories in height;
In which each dwelling unit is separated by common firewall(s);
In which each dwelling unit has its own entrance/exit; and
Each dwelling unit is sold separately from the others.
Depending upon the zoning district in which it is located, a town house/villa can either be:
Platted as separate lots of record whereby the common firewall separating the dwelling units form the side lot line(s); or
Located on a single platted lot of record whereby the individual dwelling units are sold as condominium or town house/villa units and the remainder of the lot is set aside as common elements or common ground.
A strip of land located between incompatible land uses which is subject to private use restrictions, or a negative easement, or is dedicated to public uses as open space, for the purpose of protecting the built environment of a development or to enhance a street right-of-way, or both.
Including automobile tent trailers, recreational vehicles, or house cars, designed to provide temporary mobile housing for highway and recreational travelers. Such use shall be considered equivalent to a hotel, tourist court or motel for zoning purposes.
The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.
Includes the following uses:
Daycare center;
Detention facilities;
Hospital;
Independent living or congregate living residence facility;
Inpatient care facilities exceeding five thousand (5,000) square feet of gross floor area;
Nursing home;
Private primary educational facilities;
Private secondary educational facilities;
Public primary educational facilities;
Public secondary educational facilities;
Senior community;
Senior community center or community buildings;
Senior community residential subdivision.
A modification of the specific requirements of this Chapter granted by the Board of Adjustment in accordance with the terms of this Chapter for the purpose of assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Such modifications shall not include authorizing a use not among the uses specified by this Chapter as permitted in the district in which such property is located.
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 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 least horizontal distance between the lot line and the building shall be used. Where lots abut a street, all yards abutting said street shall be measured from the street right-of-way.
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
A yard extending across the full width of the lot, the depth of which is the maximum horizontal distance between the rear lot line and a line parallel to the rear of the main building.
A yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.
A development approach in which a freestanding building is sited on one (1) or more lot lines with no yard on the zero (0) lot line side in order to increase the amount of usable open space on the remaining area of the lot: zero (0) lot line dwellings are designed with no windows facing the zero (0) lot line side and are internally oriented to an enclosed, private courtyard or patio. Typically the zero (0) lot line unit is a one (1) story, L-shaped single-family house designed as a two (2), three (3) or four (4) bedroom unit on lots eighty (80) to one hundred (100) feet deep by forty (40), fifty (50), or sixty (60) feet wide, at density of five (5) to seven (7) families per gross acre. The zero (0) lot line unit is usually designed in group or cluster arrangements and the land saved from conventional size house lots are used as common open space for recreation or to preserve natural features of the site.
The duly approved, enacted, and amended ordinance which controls and regulates zoning in the City of O'Fallon.