To discontinue one's use, rights or interest in property.

Having a common lot line or district line.

A curb cut, ramp, driveway or other means for providing vehicular access to an off-street parking or loading area.

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.

An adult business (as defined in Section 400.265) having as a substantial or significant portion of its stock in trade, explicit sexual material (as defined in Section 400.265) or other establishment with a segment or section devoted to the sale or display of explicit sexual material.

Any one (1) or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture or animal/poultry husbandry. The term agriculture encompasses the farmhouse and accessory uses and structures customarily incidental to agricultural activities.

A vehicular traffic way or lane within an off-street parking area used as a means of ingress/egress from parking spaces.

A minor public or private right-of-way shown on a plat providing secondary vehicular access to the rear or side of a lot, block or parcel of land otherwise abutting a street.

Any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.

A room or a suite of rooms within a building arranged, intended or designed for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

A number of solar panels or modules connected together in a single structure. One (1) installation can have more than one (1) array.

Construction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.

An outdoor area, field or court used for purposes of athletic events and that usually includes seating areas or structures for persons to observe the event and sometimes includes structures to illuminate the field for use after dark. Such uses sometimes include accessory uses such as concession stands, rest rooms and surface parking areas.

As applied to buildings, means to have a common wall and/or a common roof.

A structure for housing dramatic presentations, stage entertainments, musical shows, public meetings, seminars and similar events that entail mass assembly of people.

Includes passenger cars, motorcycles, vans, pickup trucks and recreational vehicles.

An establishment or place of business primarily engaged in the rental of automobiles, vans and trucks weighing less than two (2) tons, including incidental parking and servicing of vehicles available for rent.

Any structure or premises conducting major repair of vehicles within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts or spray painting, but not including tire recapping or vulcanizing or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.

An establishment or place of business primarily engaged in the sale and/or lease of new automobiles, vans and trucks weighing less than two (2) tons, including incidental parking and servicing of vehicles available for sale, lease or rent. Such a use also may include as a subordinate use the sale of used automobiles, vans and trucks.

Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles and minor engine repair such as tune-ups and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers and tailpipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing or the storage of wrecked or damaged and immobilized vehicles.

A place where gasoline or any other vehicular engine fuel is stored or other products for the operation of motor vehicles are retailed directly to the public. Automobile service stations may include facilities for washing vehicles and making minor auto repairs.

See "JUNK YARD".

A camping trailer or boat trailer, a vehicular, portable structure designed and constructed primarily to carry camping and/or recreational equipment or a boat while in transit.

A structure partially or entirely supported by or attached to a wall and that is covered by canvas, cloth, plastic or other similar temporary material used as a protective cover for a door entrance, window or outdoor service area.

A sign painted on, printed on or otherwise affixed to the surface of an awning, canopy or similar structural protective cover over a door entrance, window or outdoor service area.

Any non-porous bag of lightweight material filled with heated air, inflatable with continuous airflow or a gas lighter than air that may rise and float in the atmosphere.

An establishment that primarily performs central banking functions (such as issuing currency, managing national money supply and international reserves and acting as fiscal agent for the central government) and accepts deposits (or share deposits) and lends funds from these deposits and which establishment may include these services to patrons and customers through an accessory, drive-up use. Banking services establishments shall also include establishments primarily engaged in one (1) or more of the following: underwriting securities issues or making markets for securities and commodities; acting as agents (i.e., brokers) between buyers and sellers of securities and commodities; providing securities and commodity exchange services; providing other services, such as managing portfolios of assets; and providing investment advice and trust, fiduciary and custody services. Typical uses include banks, credit unions, savings associations, savings and loan institutions, investment banking and securities and brokerages. Banking services establishments do not include pawnshops, businesses primarily engaged in check cashing or issuing money orders or title loan establishments or other establishments producing short-term consumer loans secured by personal property, certificates of title to such personal property, estimated tax refunds or other such collateral, which uses are not permitted uses.

A commercial establishment that serves its customers by cutting and dressing hair, shaving, or trimming beards, and/or providing manicures, pedicures, and facials. For purposes of this Zoning Code, establishments that provide manicures, pedicures, and facials but do not cut hair will also be considered a beauty salon.

The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

A floored and walled substructure of a building at least fifty percent (50%) above the average finished grade of the building.

A residential building containing lodging rooms for accommodation of not more than six (6) persons who are not members of the keeper's family where lodging or meals or both are provided by prearrangement on an overnight basis.

A permanent establishment that includes any area out-of-doors and not completely contained within a building and in which alcoholic beverages and/or food are served.

A temporary beer garden operates for a period of time not more than seven (7) consecutive days in conjunction with a single event or celebration.

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 residential building occupied as a single housekeeping unit containing lodging rooms and meals for four (4) or more persons (who are not members of the keeper's family) for compensation. Lodging and/or meals are provided by prearrangement and for definite periods, but not on an overnight or per-meal basis to the transient public. This category of use shall not include a hotel or motel.

The officially appointed Board of Adjustment of the City of Overland.

An area of land that remains undeveloped except for landscaping and fences and is used as a separating space between dissimilar land uses or districts.

A structure that is affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof and is designed or intended for the support, shelter or enclosure of persons, animals, chattel or property of any kind; provided however, a "building" shall not include any vehicle, trailer (with or without wheels) or any movable device such as furniture, machinery or equipment.

The proportion of the lot area, expressed as a percent, which 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 photovoltaic system used to replace traditional building materials in part of a building envelope, like awnings, roofs, facades, and sunrooms. Photovoltaic shingles or tiles, photovoltaic laminates, and photovoltaic glazing are all examples of BIPV.

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 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 a lot surrounding a building; and the amount of lot area per dwelling unit.

Retail, office, service and associated support buildings located in a designated area that features the coordination of landscaping elements, circulation patterns and design styles.

An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents and major recreational equipment, and that is primarily used for recreational purposes and retains an open air or natural character.

An open, roofed parking area for automotive vehicles. A carport may be totally open with the roof supported by columns or enclosed by not more than three (3) walls.

A building or section thereof containing facilities for washing motor vehicles by:

A for-profit establishment that prepares and serves meals for consumption off the premises.

A walled and floored substructure of a building, the ceiling of which is fifty percent (50%) or more below the average finished grade of the building.

A place for burial of the dead, including crematory facilities as an accessory use.

Facility providing care for five (5) or more children under the age of thirteen (13) years, not including children of a family residing on the premises, for any part of a twenty-four (24) hour day.

A building used principally for religious worship, but the term "church" shall not include or mean an undertaker's chapel or funeral building, a religious educational institution or parochial school or a day care center.

The City of Overland, Missouri.

The officially elected Mayor and City Council of the City of Overland; the term may be abbreviated in this Chapter as the "Council".

The officially appointed Planning and Zoning Commission of the City of Overland; the term may be abbreviated in this Chapter as the "Planning Commission" or simply the "Commission".

See, "MEDICAL OR DENTAL CLINIC".

A building or premises used for social, recreational, dining or philanthropic purposes (usually a non-profit association of persons who are bona fide members organized for some purpose(s) and paying regular dues), the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons. It does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Establishments or organizations having temporary or occasional exterior activities, such as food sales, wholesale distributions, craft sales, etc.

Uses that specialize in the provision of services. Establishments that would be permitted are those with a low volume of customers whose visit lasts a lengthy period of time or those establishments with a moderate volume of customers who make short, quick visits. No establishment shall generate a substantial number of customers at one time. Includes, generally, insurance services; repair services; business, professional, scientific and technical services; and personal services but excludes other specifically defined uses.

A comprehensive land use plan made and adopted by the City Planning and Zoning Commission of the City of Overland that 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 the City.

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, propriety or general welfare. Such uses may be permitted in such zoning districts as conditional uses, if specific provisions for such conditional use are made in this Zoning Code.

A multiple-family dwelling wherein the residents own the unit in which they live.

A person or business engaged in the construction of buildings, engaged in heavy construction (such as streets, highways, bridges or utilities) or specialized in such construction trades as plumbing, heating and air-conditioning, electrical wiring, masonry, roofing or gutters, well drilling or house painting.

The engineering drawings showing types of materials and construction details for physical structures and facilities, as well as grading of the land, excluding dwelling units to be installed in conjunction with development of a subdivision.

A retail establishment having a gross floor area of five thousand (5,000) square feet or less, primarily selling foods and/or gasoline as well as other household goods customarily sold in larger food markets and supermarkets. This use shall not include automobile repair facilities or those uses allowed at an automobile repair/body shop or automobile service station.

The officially elected Mayor and City Council of the City of Overland; the term may be abbreviated in this Chapter as "the Council".

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 house or other place conducted or maintained by any person who advertises or holds himself/herself out as providing care for more than four (4) persons during the daytime, for compensation or otherwise, except those operated by a school system, but a day care facility for children shall not include any private or religious organization, elementary or secondary school, a religious organization academic preschool or kindergarten, or a home school. Terms associated with "day care facilities" shall be defined as follows:

Intentional transfer by a property owner or developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by formal deed of conveyance or by any other method recognized by the laws of the State of Missouri.

The number of dwelling units per acre of gross land area.

As applied to buildings, means surrounded by open space on the same lot as the principal building.

To erect any structure or to install any improvements on a tract of land or to undertake any activity in preparation therefore.

Any person, persons, corporation or government agency undertaking any development as defined in this Chapter. The term "developer" includes such commonly used references as "subdivider", "owner" and "proprietor".

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 officially appointed engineer for the City of Overland.

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.

A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational or religious institution.

Any business so developed that its retail or service character is primarily oriented to serving patrons who remain in their motor vehicles in a driveway or parking spaces, either primarily or as an accessory use.

An establishment or any portion thereof designed to transact business directly with customers located in a motor vehicle during such business transactions.

The access way between the public street and area(s) reserved for vehicular parking upon the lot. Specifications as to location, construction and surfacing shall be as regulated by this Chapter.

Residential or outpatient facilities for the treatment of alcohol or other drug abuse.

An establishment (sometimes referred to as a "dry cleaning plant") that uses specialized equipment on site to clean garments, linens and other items through a specialized process to remove stains, as well as providing alteration, ironing and/or pressing services for those items. Generally, the customers deliver to the establishment and pickup the items to be cleaned. This use shall also include storefront type or drive-thru establishments that accept and deliver garments to the customers but do not provide the actual cleaning services and do not have the cleaning equipment on-site.

See "DWELLING, TWO-FAMILY".

A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, boarding and lodging houses, apartment houses and town houses, apartment hotels, dormitories and condominiums but not hotels or mobile homes.

The area of a dwelling unit as 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.

Two (2) or more single-family dwellings sharing common wall areas, each on its own individual lot.

A building designed for or occupied exclusively by two (2) families living independently of each other and being located on a single lot.

One (1) or more rooms constituting all or part of a dwelling that are used exclusively as living quarters for one (1) family and contain a bathroom and kitchen facilities.

A right or privilege to use a portion of another's property for a particular purpose.

Offices, stations, substations, firehouses or other facility housing police, fire, rescue, ambulance or other emergency service provider personnel and equipment.

As applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls.

A professional engineer registered in the State of Missouri.

To increase the size of an existing structure or intensity of use, whether principal or accessory, or to devote more land to an existing use.

Either of the following:

One (1) or more persons who are related by blood, marriage or adoption (including foster care) living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than three (3) persons living together by joint agreement occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis.

Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings for consumption either within the restaurant building or for carryout and where either: Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or the establishment includes a drive-up or drive-through service facility or offers curb service.

A barrier constructed of manmade or natural materials, intended to mark a boundary, maintain privacy and/or prevent intrusion upon the property by others. Shrubs, hedges, trees, and other plant material shall not be considered a fence.

An authorization issued by the Director of Community Development or his/her designee to allow for the construction of a fence or screen planting.

A fence with an opaque value of seventy percent (70%) or greater.

Any structure or premises used for dispensing or sale at retail of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

Any fabric or bunting containing distinctive colors, patterns or symbols used to identify a governmental, political or private entity.

That area within the City of Overland subject to a one percent (1%) or greater chance of flooding in any given year as defined by the U.S. Army Corps of Engineers and required by the National Flood Insurance Act.

The area designated as floodway on the Overland Zoning Map. It is derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

The sum of the gross horizontal area of all floors of a building, including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first (1st) floor area, rooftop mechanical equipment enclosures and the enclosed mall walkway areas of shopping centers.

The gross floor area of the building or buildings on the zoning lot divided by the area of such zoning lot or, in the case of a planned development, by the net site area.

An institution providing sleeping and living accommodations for the full-time care, training, recreation and convalescent needs of five (5) or more physically or mentally handicapped minors.

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.

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 a block.

An accessory building or portion of a main building used for storage of automobiles.

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.

An area or course for playing golf, consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated. Golf course shall include associated clubhouse or country club, pro shop and cart rental operation.

A commercial recreation facility, resembling golf, containing short "holes", the majority of which are under three hundred (300) feet in length and primarily utilizing putting irons.

Governmental uses such as agricultural research plots or testing sites. Other permitted uses would be maintenance or storage buildings.

The average level of the finished surface of the ground subject to the exterior walls of a building.

A Solar Energy System that is not attached to another structure and is affixed to the ground.

An institution providing sleeping and living accommodations for the full-time care, training, recreation and convalescent needs of five (5) or more physically or mentally handicapped minors.

A facility providing twenty-four (24) consecutive hour care for three (3) or more persons who by reason of aging require services furnished by a facility that provides shelter, board, storage and distribution of medicines and protective oversight, including care during short-term illness or recuperation.

Any combination of dwelling units comprised of two (2) or more residential buildings designed as a functional unit on and with the specific parcel of land on which they are to be erected.

A dwelling containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an education, religious, charitable or service institution.

A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

A business that provides facilities for aerobic exercises, such as running and jogging tracks, exercise equipment, game courts, gymnasium or swimming facilities.

A facility for the servicing, takeoff and landing of helicopters.

A retail store of at least thirty thousand (30,000) square feet selling only building materials, floor and wall coverings, items designed for installation in the home and associated tools.

A domestic activity carried on by members of a family residing on the premises but excluding beauty shops, barbershops, music schools, convalescent or nursing homes, tourist homes, massage or other establishments offering services to the general public and providing that there are no signs nor any display that will indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than that of a dwelling; providing, also, that there is no stock in trade or commodity sold upon the premises, no person is employed other than a member of the family residing on the premises and no mechanical equipment is used except such as is customary for purely domestic or household purposes. The keeping of not more than two (2) roomers or boarders shall be considered a permitted home occupation. The care and supervision of not more than four (4) children other than those residing on the premises shall be considered a permitted home occupation.

Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith.

An institution providing medical and surgical care for humans only on an overnight basis, for both in- and out-patients, including medical service, training and research facilities.

A building in which lodging is provided to the public, usually on a transient basis.

The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity or any other treatment in such a manner as to change the form, character or appearance or add value to the final product. This category shall include, but is not limited to, those businesses that produce noise, odors or create a visual image that would be disruptive to the community if located in another district. These businesses shall not be detrimental to the public health, safety or general welfare and shall provide adequate safeguards to protect the general public.

All uses with potential off-site impacts such as research and development facilities, testing laboratories, establishments that use the process of anodizing and plating, asbestos removal and abatement services and facilities for the manufacturing, fabrication, processing or assembly of products that may produce effects on the environment that are measurable at or beyond the property line, provided that any noise, smoke, vapor, dust, odor, glare, vibration, fumes or other environmental contamination is controlled in accordance with applicable City, State or Federal regulations, but not including computer design and development facilities nor telecommunications and electronic communications uses. These uses may create the following materials: chemicals, gases, leather or other tanned goods, metal and smelting of metal, paint and similar surfacing materials and solvents, paper, plastics and rubber or include the incidental storage and utilization of such materials.

A building occupied by a non-profit corporation or a non-profit establishment but not including places of public assembly.

A method of lighting, such as for signs or buildings, where artificial or reflected light is not maintained stationary or constant in intensity or color.

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 reusable or salable.

The use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both or the keeping of three (3) or more dogs or cats over two (2) months of age.

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.

Uses that generate a low volume of customers and traffic and generally require large lots and open storage. Such establishments include landscape contractors, lawn maintenance contractors, nursery, greenhouse, etc.

A business engaged in providing chauffeur driven transportation services using limousine or luxury vehicles on a reserved, appointment or reservation basis. This business does not operate over regular routes or on regular schedules. This use may include business offices and dispatching offices for the service. Nothing in this definition shall be construed to include providing on-site fueling or repair facilities or services for motor vehicles used in the business. Nothing in this definition shall be construed to include taxicabs, hotel buses, buses, vans or any other motor vehicles employed solely in transporting school children or teachers, transportation of children or adults to or from any day care facility, medical transportation services, or vehicles used in providing transportation related to the provision of funeral services.

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) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

The total area within the lot lines.

A platted parcel of land with frontage abutting two (2) road rights-of-way at their intersection.

Lot coverage shall include the total area of all principal and accessory buildings and structures as measured along the outside wall at ground level or a viewed from above and including all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof overhang. The percent of lot coverage shall be computed as follows: percent of lot coverage equals square feet of ground coverage (i.e., impervious surface) of all principal and accessory buildings and structures divided by total square feet of lot area.

The average horizontal distance from the front street line to the rear line of a lot.

The lines bounding a lot as defined herein.

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 Director of Code Enforcement 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.

A lot other than a corner lot.

A lot that is part of a subdivision, the plat of which has been legally approved and recorded in the office of the Recorder of Deeds of St. Louis County or a parcel of land that was legally approved and the deed recorded in the office of the Recorder of Deeds.

An interior lot having frontings on two (2) parallel or approximately parallel streets.

The horizontal distance between side lot lines measured at the front building line.

An enclosed public way upon which business establishments have direct access and that serves primarily for the movement of pedestrians with plant material, benches or other furnishings provided and with vehicular access prohibited, restricted or reduced so as to emphasize pedestrian use.

Establishments such as research and development facilities, testing laboratories and facilities for the manufacturing, fabrication, processing or assembly of products or that store and/or utilize the following materials to fabricate and/or assemble products with added value: bones, building products/materials, clay, cork, feathers, gases, glass, glue, hair, horn, leather, metal, paint and similar surfacing materials and solvents, paper, plastics, rubber, seeds, shell, stone, straw, textiles, wax and wood; provided that such facilities are completely enclosed and provided that any noise, smoke, vapor, dust, odor, glare, vibration, fumes or other possible environmental contamination produced by such facility is confined to the lot upon which such facilities are located and is controlled in accordance with applicable City, State or Federal regulations. Other included uses are: Cosmetic manufacturing, electric plating and glass blowing and the creation of building products/materials, glass (other than glass blowing), glue, textiles and wax. This category shall include, but is not limited to, those uses that create a visual image that would be disruptive to the community if located in another district. These uses shall not be detrimental to the public health, safety or general welfare and shall provide adequate safeguards to protect the general public.

An establishment that is not licensed by the State of Missouri as a massage therapy establishment and that provides baths and body massages or either of them. Nothing herein contained shall apply to a licensed massage therapist or an establishment where massage therapy is practiced, including an accredited college certified to operate in Missouri by the Coordinating Board of Higher Education from offering a massage therapy course of study in which its students and employees may give body massages as a required part of college's curriculum or State requirement, provided that the percentage of students taking the course is not more than thirty-three percent (33%) of the entire enrollment of the college. A "massage parlor" shall also include the term "Bath house".

A health care practitioner who provides or offers to provide massage therapy, as provided in Sections 324.240 to 324.275, RSMo., to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy and who holds a current, valid license to practice massage therapy.

A health care profession that involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows or feet or with the aid of mechanical apparatus for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease or any service or procedure for which a license to practice medicine, chiropractic, physical therapy or podiatry is required by law or to those occupations defined in Chapter 329, RSMo., as amended.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: Before the improvement or repair as started; or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "material improvements" is considered to occur when the first (1st) alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications that are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

A facility, licensed under the relevant State and Federal and local statutes, for the production and packaging of malt, wine, hard cider or other alcoholic beverages for distribution retail or wholesale, on- or off-premise, with the capacity of not more than fifteen thousand (15,000) barrels (a barrel being equivalent to thirty (30) gallons per year) and which may include a taproom where beverages produced on the premises may be sold and consumed. This use may also include accessory uses such a restaurant, including outdoor dining, if otherwise conditionally permitted in the zoning district and specifically included in a conditional use permit.

Uses encompass those associated with clinics, hospitals and other facilities that treat, house or care for patients. Uses included are medical and diagnostic laboratories; hospitals; emergency services; and medical clinics for outpatient surgery. This does not include medical or dental offices, day care facilities, or skilled care establishments.

A facility for the practice of health care, medicine or dentistry for humans or medical treatment for outpatient or ambulatory sick or injured persons, including outpatient surgical facilities, accessory diagnostic laboratories, but not including inpatient or overnight care or operating rooms for major surgery.

An office occupied and maintained for the provision of services by a person licensed to practice medicine or otherwise regulated by the State of Missouri in the healing arts for humans, such as a acupuncturist; clinical audiologists; chiropractors; dentists, dental hygienists; dietitians; nurses (RN, LPN, Advanced Practice); occupational therapists, occupational therapy assistants; optometrists; perfusionists; physical therapists, physical therapy assistants; physicians; podiatrists; psychologists; speech language pathologists.

A prefabricated building that arrives at its building site requiring only site preparation and assembly of major components, including installation on a permanent foundation.

A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

Any commercial business, whether service commercial, retail commercial or otherwise, which, by design, type of operation and nature of business, has as one (1) of its functions the provision of services to a number of motor vehicles or its occupants in a short time span for each or the provision of services to the occupants of the motor vehicle while they remain in the vehicle. Businesses in this category include, but are not limited to, automotive service stations, convenience stores, drive-in establishments, drive-through establishments, fast-food restaurants, drive-in beverage sales and carwash operations.

Establishments that rent or retail motion pictures, short films, software, video games or other multimedia. This excludes adult bookstores.

An area that is substantially undisturbed by development.

A place of entertainment open at night having a floor show and/or providing music and space for dancing and where liquor is sold to be consumed on the premises but not including restaurants where the principal business is serving food. The facility shall be duly approved and licensed as required by applicable State and local regulations.

A use, building or yard existing legally on or before November 14, 1988, or any amendment thereto that does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.

A pre-kindergarten school for children primarily between the ages of three (3) and five (5).

See "SKILLED ASSISTED CARE ESTABLISHMENTS".

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

An office used for the administrative or legal affairs of a non-residential use company with no retail activity or vehicular requirements of a walk-up or drive-through establishment. This includes for profit, non-profit or eleemosynary establishments.

An office used for sales and/or the administrative and clerical affairs of a construction contractor only and not for any other service or activity related to the business of a construction contractor. The use "office, construction contractor" does not include the storage of any construction material or inventory of parts or equipment, the storage or parking of any construction vehicles, trucks or equipment, including construction vehicles, trucks or equipment owned by employees or independent contractors or the use of the premises as a location for construction employees or independent contractors to report for work or dispatch to work sites; these activities are permitted only as part of the conditional use of "construction contractor" in the "M-1" zoning district.

An office, building or other structure owned, operated or occupied by a Federal, State or local government agency that administers, oversees and/or manages public programs and has executive, legislative or judicial authority or that provides a governmental service to the public.

See "Medical or Dental Office".

An office occupied by a member of a licensed profession and maintained for the provision of professional services, such as a certified public accountant, lawyer, architect, City Planner, landscape architect, interior designer, engineer, management or public relations service.

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 plant life preserves and nature study areas.

Storage of material or goods on the ground outside of a building.

Any use that involves commercial, service and storage activities conducted outside of the principal building. Unless otherwise provided, all commercial, service and storage activities should be conducted indoors.

A separately designated area of land delineated by identifiable legally recorded boundary lines.

An area open to the general public and reserved for recreational, educational or scenic purposes.

An area of land used or intended for off-street parking facilities for motor vehicles.

A durably dustproofed, properly graded for drainage, usable space, enclosed in a main building or in an accessory building or unenclosed, reserved for the temporary storage of one (1) vehicle and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Article VII, Off-Street Parking and Loading Requirements.

The act or result of applying Portland cement or asphaltic concrete to any ground surface in such manner as to present a uniform surface over large areas.

An establishment in the business of making unsecured loans under five hundred dollars ($500.00) and that is registered with the appropriate State agency, department or official as may be required by law.

A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

A facility maintained by a not-for-profit community or neighborhood association, religious institution or by a public agency or political subdivision primarily as a community gathering place for members or other people for the social, educational, spiritual or religious needs of the community or neighborhood. Such use may include community buildings, auditoriums and gymnasiums (including those accessory to schools or other primary uses), churches, temples, synagogues and other places of worship. However, a place of public assembly shall not include an undertaker's chapel, funeral building, a religious educational institution, parochial or other school, day care center, shelter for the homeless or other similar social service use. Such uses shall be considered permitted accessory uses to the place of public assembly and shall only be permitted within those districts where they are reflected in the Table of Accessory Uses, as well as subject to those additional regulations set forth in this Chapter applicable to such uses.

A farm, garden or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation related items but not including mechanized equipment.

A subdivision of land legally approved and recorded.

A transportable enclosure rented for use as temporary, on-site storage.

A building assembly or system of building sub-assemblies designed for habitation as a dwelling including the necessary electrical, plumbing, heating, ventilation and other service systems. The unit can be of closed or open construction and made or assembled by a manufacturer either on or off the building site. The unit is placed upon and anchored to a permanent foundation. Such units may or may not be considered a modular home.

The main structure erected on or the main use occupying a lot, as distinguished from an accessory structure or use.

The legally recorded boundary of a lot, tract or other parcel of land.

When used in the context of providing notice to a property owner, said term shall mean that person liable for payment of the real property taxes on the parcel as disclosed on the latest tax rolls on file with the City.

Public parks, playgrounds, recreation areas, designated scenic or historic sites; school sites or sites for other public buildings; and other areas dedicated to public use or enjoyment.

A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.

Includes such uses as bike and walking trails, picnic areas, informational centers and play areas.

A commercial establishment providing recreation and amusement such as hockey rinks, in-line skating facilities, skateboard parks, BMX and other biking facilities, indoor soccer, tennis courts, mechanical rides, water rides, games, shows, theme exhibits, refreshment stands and picnic grounds to its customers for a fee. Such uses include indoor sports complex, miniature golf, paintball park, go-cart facility, golf driving range, arcades, etc.

A term encompassing any type of vehicle used primarily for recreational pleasure. Examples are, but not limited to, travel trailers, motor homes, boats, snowmobiles, etc. Recreational vehicles (RVs) shall include any mobile structure designed for temporary occupancy but shall exclude manufactured homes.

An establishment or place of business primarily engaged in the sale and/or lease of new recreational vehicles, including incidental parking and servicing of RVs available for sale, lease or rent. Such a use also may include as a subordinate use the sales of used RVs.

Reusable materials including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable materials do not include refuse or hazardous materials.

A facility that accepts recyclable materials and may perform some processing activities. The principal function is to separate and store materials that are ready for shipment to end-use markets, such as paper mills, aluminum smelters or plastic remanufacturing plants. The presence of power-driven processing equipment distinguishes a processing facility from a collection facility. The facility receives and processes only residential and commercial recyclables such as food and beverage containers and paper.

A business establishment primarily engaged in specialized repair and installation services at the customer's premises including, but not limited to, repairs to major appliances, heating and air conditioning units, plumbing systems, electrical systems, as well as pipe and drain cleaning, tuck pointing and driveway sealing.

A business establishment primarily engaged in specialized repair services such as appliance repair, jewelry repair, bicycle repair, leather goods repair, lawn mower and lawn equipment repair, lock and gun repair, musical instrument repair and radio, stereo, VCR, computer or TV repair where the repairs primarily take place at the business establishment. This use does not include "automotive repair shops".

Any building that is designed or used exclusively for residential purposes, except hotels and motels.

An establishment or place of business primarily engaged in the sale of food, frozen desserts or beverages in a ready-to-consume state for:

Any walk-up or drive-through establishment primarily engaged in the sale of food or drink for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas or where drive-through or take-out service is an incidental service. The uses in this category are considered MVOBs for purposes of Section 400.710.

An establishment that operates at fixed point-of-sale locations and that are designed to attract a high volume of walk-in customers whose visits last for varying lengths of time, where manufactured or processed merchandise such as apparel, accessories, books, toys, clothing or shoes, electronics, appliances, home improvement supplies and other items of household or business use are purchased by the owner or operator thereof and displayed and resold as new merchandise to the general public for personal or household consumption. It does not include an establishment where food is processed, prepared or cooked for consumption and sale, any of the uses set forth under automotive services or any other such retail use specifically permitted or prohibited. Some establishments may further provide after-sales services, such as repair and installation. This category includes MVOBs.

An establishment that operates at fixed point-of-sale locations and that are designed to attract a small to moderate volume of walk-in customers whose visits last for varying lengths of time, where manufactured or processed merchandise such as apparel, accessories, books, small wares, toys, clothing or shoes and other such items are purchased by the owner or operator thereof and displayed and resold as new merchandise to the general public for personal or household consumption. It does not include an establishment where food is processed, prepared or cooked for consumption and sale, any of the uses categorized as a motor vehicle oriented business (MVOB) or any other such retail use specifically permitted or prohibited.

A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars and similar activities by particular educational, religious, fraternal or other groups.

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 one (1) 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.

The entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved.

A Solar Energy System affixed to the roof of either a principal or accessory structure.

Three (3) or more attached single-family dwellings, each on its own plot of ground, but not necessarily on individual lots.

An area for the dismantling, storage and sale of inoperative, obsolete or wrecked motor vehicles and trailers and their parts.

A type of operation in which refuse and earth and/or other suitable cover material are deposited and covered on a daily basis in alternated layers of specified depth in accordance with a definite plan on a specified portion of open land with each layer being compacted by force and applied by mechanical equipment and as approved by the City of Overland and the Department of Natural Resources.

An accessory structure capable of receiving, for the sole benefit of the principal user, radio or television signals from a transmitter or a transmitter relay located in planetary orbit. This definition includes, but is not limited to, satellite receivers, satellite discs, direct broadcast systems (DBS), television reception only systems (TVRO), parabolic antennas, spherical antennas and horn antennas.

A hedge of closely spaced shrubs with dense foliage in all seasons that intents to block view of a property.

A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by berm or densely planted vegetation.

An establishment or place of business primarily engaged in the retail sale of used merchandise or secondhand goods, such as used clothes, antiques, secondhand books or rare manuscripts or items of architectural salvage but not including used cars or other motorized vehicles. This does not include any establishment whose retail sales of new merchandise exceeds sixty percent (60%) of its sales within the previous twelve (12) month period even though that establishment may offer for sale used or secondhand merchandise.

An establishment that primarily engages in the selling of security systems, such as burglar and fire alarms and locking devices, along with installation, repair or monitoring and remote monitoring of electronic security alarm systems.

A nursing facility located on the same premises as a full care nursing home and providing semi-independent apartment style living accommodations for residents including separate cooking facilities for each living unit or cluster of living units.

The required minimum distance from a road right-of-way, private roadway easement line or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Chapter.

A fence with barbed wire, razor wire, concertina wire, spikes or other sharp points.

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 permanently surfaced area for the exclusive use of pedestrians.

The triangle area of a corner bounded by the right-of-way lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

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.

Establishments in this subcategory serve the inhabitants of the district or require a residential type setting and provide twenty-four (24) hour inpatient skilled nursing care and rehabilitative services and can accommodate patients for extended care. These establishments have licensed health care staff serving patients and other support staff for continuous personal care services. Convalescent homes, convalescent hospitals, inpatient care hospices, nursing homes and rest homes with nursing care are typical uses.

Any apparatus or equipment designed for the purpose of collecting and transforming solar energy into electric energy, such as photovoltaic systems. Solar Energy Systems shall not include any system which converts solar energy into thermal energy.

A use that has unusual operational, physical or other characteristics that distinguish it.

An institution for students at the elementary, junior or senior high level who have physical or mental characteristics that require specialized or individual instruction.

A field, court or course used for sporting activities for the general public.

A structure constructed about a central open space or arena with tiers of seats for spectators.

A detached building accessory to a residential use for the keeping of ponies, horses or mules owned by the occupants of the premises and that shall not be used for any commercial purpose including boarding, hire, sale or training.

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 that is between the surface of a floor and the ceiling next above. A top story attic is a half (½) story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is a half (½) story when between fifty percent (50%) and seventy-five percent (75%) of the area of its exterior walls is 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 that affords the principal means of access to abutting property. The term includes all facilities that 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 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.

In a project involving structures, the completion of excavation for footings and foundations. In a project involving no structures or insignificant structures, the completion of grading.

A self-service grocery store with a gross floor area of more than thirty-five thousand (35,000) square feet selling groceries, dairy products and household goods at retail.

One (1) or more of the following:

An establishment where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. The facility shall be duly approved and licensed as required by applicable State and local regulations. Any establishment that serves food, where the serving of food is secondary to the serving of liquor, such as a bar and grill, shall be classified as a tavern/lounge.

A depot, building or area specifically designated for the storage or transfer of persons or material or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.

A building or premises devoted to showing motion pictures or for live dramatic or musical performances. Terms associated with theater shall be defined as follows:

Any person, entity or business that lends money to a borrower and in exchange retains physical possession of the State-issued certificate of title to the personal property of the borrower.

An establishment or place of business primarily engaged in retail sale for consumption off the premises of tobacco and/or tobacco-related products ("tobacco products") and/or an establishment where one-half (½) or more of the net floor area is dedicated to or where one-half (½) or more of the gross receipts are derived from the sale of tobacco products.

An area for the unstacked temporary storage and sale of operative or inoperative, wrecked or otherwise damaged or immobilized motor vehicles wherein each vehicle space is directly accessible to a designated aisle.

The town house, also known as the "row house", is a single-family attached unit. Town houses are characteristically built as individual units in a series of four (4) to eight (8) houses with common side walls between units and a side yard on the end unit only.

Any unmotorized structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and is equipped with wheels or other devices for transporting the structure from place to place.

Any facility that is located in a parking lot or other similar location that serves as a local collection site for recyclables. The facility or site is used for temporary storage of non-hazardous materials that are disposed of by the general public. The waste is stored at this site until it is taken to a recycling center. A transfer station must have a permit approved by the Environmental Protection Agency and comply with all local, State and Federal regulations.

A strip of land located between incompatible land uses that 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.

Includes automobile tent trailers, recreational vehicles or house cars designed to provide temporary mobile housing for highway and recreational travelers; when factory-equipped for the road, having a body width not exceeding eight (8) feet.

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.

A lot or parcel of land on which pre-owned or used, operable vehicles, including automobiles, trailers and trucks, are displayed for sale or trade.

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.

A facility for the practice of veterinary medicine.

A commercial establishment not engaged in the retail sales of goods that encourages its customers or patrons to park and leave their vehicle briefly to transact business.

A structure for use as a storage place for goods, materials or merchandise.

An establishment or place of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than explosives, flammable gases and/or liquids and live animals or potentially hazardous or commonly recognized offensive conditions.

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 a 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 between the rear lot line and the rear line of the main building and the side lot lines.

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.

The duly approved, enacted and amended ordinance that controls and regulates zoning in the City of Overland.