[R.O. 2007 App. B §11; Ord. No. 3900 §1(11), 3-6-1972; Ord. No. 4707 §1, 12-6-1982; Ord. No. 4713 §2, 1-3-1983; Ord. No. 5529 §3, 3-2-1992; Ord. No. 5546 §1, 6-15-1992; Ord. No. 5847 §1, 11-20-1995; Ord. No. 6604 §1, 5-5-2003; Ord. No. 6618 §1, 6-2-2003]
For the purpose of this Chapter, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the words "structure" and "premises"; the word "shall" is mandatory and the word "may" is permissive; the words "used" or "occupied" shall be construed to include "intended", "designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel" and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
ACCESSORY BUILDINGA subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
ACCESSORY USEA subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
ADVERTISING DEVICEBanners affixed on poles, wires or ropes and streamers, wind-operated devices, flashing lights and other similar devices.
AGRICULTURAL ACTIVITYAgricultural activity, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and fur-bearing animal farms and the harvesting, processing, packaging, packing, shipping and selling of products produced on the premises and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.
ALLEYA public or private thoroughfare which affords only a secondary means of access to abutting property.
AUTOMOBILE SERVICE STATIONAny land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles, public garages and the open storage of rental vehicles or trailers.
BAR OR TAVERNAny commercial establishment that sells any intoxicating beverages.
BASEMENTA portion of a building which is wholly or partly below grade, the ceiling of which is less than four (4) feet above grade, which shall not be included as a story.
BED AND BREAKFAST ESTABLISHMENTAny place of lodging that:
1. Provides four (4) or fewer guest rooms for rent to no more than a total of ten (10) tourist or transient guests;
2. Provides no meals other than breakfast and provides the breakfast only to registered guests of the establishment;
3. If the owner's personal residence or the owner has direct supervision and responsibility during periods of occupancy;
4. Provides rooms for rent for more than ten (10) nights in a twelve (12) month period;
5. Has completed any structural additions to the dimensions of the original structure prior to application for a conditional use permit, including by renovation, except a structural addition may be made within the dimensions of the original structure with prior approval from the Planning and Zoning Commission and the City Council.
BOARDING HOUSEA building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods lodging, meals or lodging and meals are provided for three (3) or more persons.
BUILDABLE WIDTHThe width of the lot left to be built upon after the side yards are provided.
BUILDINGAny structure having a roof supported by columns or walls for the shelter or enclosure of persons or property and when separated by fire walls, each portion of such building so separated shall be deemed a separate building.
BUILDING, HEIGHT OFThe vertical distance from the grade to:
1. The highest point of a flat roof,
2. The deck line of a mansard roof, or
3. The average height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTORThe individual designated to administer the zoning ordinance and who is responsible for the enforcement of the regulations imposed by said ordinance.
CARGO CONTAINER[Ord. No. 19-39, 6-3-2019]
1. A standardized, reusable vessel that was originally designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods or commodities; and/or
2. A standardized, reusable vessel that was originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers," "semi-tractor trailers" and "portable site storage containers" having similar appearance to and similar characteristics of cargo containers.
CARPORTA structure consisting of a roof, supports and a base, basically open on two (2) or more sides.
CELLARThat part of a building having more than one-half (½) of its height below the average grade of the adjoining ground.
CHILD DAY-CARE CENTERA child day-care center or center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four-hour day.
[Ord. No. 19-48, 7-15-2019]
CHURCHIncludes a facility in which a body of believers or communicants assembles regularly in order to worship. Other key factors include whether the organization has a distinct legal existence, recognized creed and form of worship, definite and distinct ecclesiastical government, a formal code of doctrine and discipline, distinct religious history, membership not associated with any other church or denomination, organization of ordained ministers, ordained ministers selected after completing prescribed studies, literature of its own, established places of worship, regular congregations, and regular religious services. No single factor is controlling, but having regular meetings with a regular congregation will be weighted more heavily than some of the other factors if questions arise regarding whether a facility serves as a church.
[Ord. No. 19-48, 7-15-2019]
CITYCity of Poplar Bluff, Missouri.
CITY PLANNERAn administrative official designated by the City Manager to coordinate the activities of the Commission, the Council, the Board, the Building Inspector and the public.
CLINICAn establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
CLUBBuildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
COMMERCIAL FEED LOTAn area of land devoted to raising and feeding of livestock where the operation is not part of a normal agricultural activity.
COMMISSIONCity Planning and Zoning Commission of Poplar Bluff, Missouri.
CONDITIONAL USEA use allowed in a zoning district after a permit is granted by the Council according to provisions of Section
400.035.
COUNCILCity Council of Poplar Bluff, Missouri.
COURTAn open space more than one-half (½) surrounded by buildings.
DEVELOPMENT PLANA standard subdivision plat plus sites for proposed single-family, two-family and multiple-family dwellings and other public and non-public uses such as churches, schools, recreation centers, etc.; contours at an interval to be determined by the Commission; significant features including watercourses, marshes, rock outcrops and miscellaneous buildings.
DISTRICTA part of the City wherein regulations of this Chapter are uniform.
DWELLINGAny building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLEA building designed for or occupied exclusively by three (3) or more families.
DWELLING UNITOne (1) or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.
ESTABLISHMENTA hotel, tourist rooming houses, bed and breakfast establishment, restaurant, temporary restaurant or vending machine commissary.
FAMILYOne (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization. A family may not include more than two (2) persons not related by blood, marriage or adoption.
FARMSee "AGRICULTURAL ACTIVITY".
FENCEA structure for enclosure or screening.
FLOOR AREAThe square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses.
FRONTAGEAll the property on one (1) side of a street or highway between two (2) intersecting streets (crossing or terminating) or for a distance of four hundred (400) feet on either side of a proposed building or structure, measured along the line of the street; or if the street is dead-ended, then all of the property abutting on (1) side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
GARAGE, PRIVATEA detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
GARAGE, PUBLICA building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor- driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGEAny building or premises used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
GRADEThe average level of the finished surface of the ground adjacent to the exterior walls of the building.
GROUND SIGNAny sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter when such sign is supported by two (2) or more uprights, posts or braces placed upon or affixed in the ground and not attached to any part of a building.
GROUP HOMEAny home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
GUEST ROOMAny room or unit where sleeping accommodations are regularly furnished to the public.
HOME OCCUPATIONAny occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a nameplate not more than three (3) square feet in area or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used that creates excessive noise or vibration. Home occupation shall include insurance and legal offices, minor repairs and services, but shall not include barbershops, beauty shops or pet shops.
HOSPITALAn institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTELAll places wherein sleeping accommodations are offered for pay to transients in five (5) or more rooms and all places used in connection therewith. "Hotelkeeper", "motelkeeper" and "innkeeper" are synonymous and "inn", "motel" and "hotel" are synonymous.
KENNELAn establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.
LANDSCAPED AREAAn area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.
LOADING SPACEA space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of four hundred twenty (420) square feet, a minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet and a vertical clearance of at least fourteen and five-tenths (14.5) feet.
LOTA parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building with its accessory buildings, open spaces and parking spaces required by this Chapter and having its principal frontage upon a road or street.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersections.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGEA lot having a frontage on two (2) non-intersecting roads, as distinguished from a corner lot.
LOT OF RECORDA lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this Chapter.
LOT WIDTHThe width of a lot at the front yard line.
MARIJUANA OR MARIHUANACannabis 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 seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (1%) on a dry-weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 19-48, 7-15-2019]
MARIJUANA-INFUSED PRODUCTSProducts that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 19-48, 7-15-2019]
MARQUEE SIGNAny sign affixed to a marque over the entrance to a building and supported from the building.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in this Chapter.
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
[Ord. No. 19-48, 7-15-2019]
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Section to a person no less than twenty-one (21) years of age, qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused projects manufacturing facility.
[Ord. No. 19-48, 7-15-2019; Ord. No. 23-55, 9-18-2023]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused projects manufacturing facility.
[Ord. No. 19-48, 7-15-2019]
MENTALLY RETARDEDPersons with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior, manifest during the developmental period and diagnosed by appropriate professional authorities. In no manner does this definition mean or imply or make any association with the mentally ill.
MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURTAny building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance directly from the outside of the building with garage or parking space conveniently located on the lot and designed, used or intended wholly or in part for the accommodation of automobile transients.
NON-CONFORMING USEThe lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
NURSING HOMEA home for the aged or infirmed in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not limited to hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OPEN AREAThat part of a lot on which no part of a building or structure extends above the following elevations:
1. Two (2) feet above the highest curb elevation of the street or streets that bound the lot;
2. One (1) foot above the adjacent curb elevation for each one and one-fourth (1¼) foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed twelve (12) feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four (4) feet above the adjacent curb elevation.
PARKING SPACEA surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile no less than nine (9) feet wide and twenty (20) feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
PERMANENT GUESTAny person who rents and occupies a guest room in a lodging establishment for a period of thirty-one (31) days or more.
PORCH, UNENCLOSEDAn improved surface, open on all sides, with no roof or cover, including stoops, patios, docks and raising landings.
POST SIGNAny letter, word, model sign, device or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.
PREMISESAt lot together with all buildings and structures thereon.
QUALIFYING PATIENTA Missouri resident diagnosed with at least one (1) qualifying medical condition.
[Ord. No. 19-48, 7-15-2019]
RECREATIONAL MARIJUANA CULTIVATION FACILITYA facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a recreational marijuana dispensary facility, recreational marijuana testing facility, or to a recreational marijuana-infused products manufacturing facility.
[Ord. No. 23-55, 9-18-2023]
RECREATIONAL MARIJUANA DISPENSARY FACILITYA facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Section to a person no less than twenty-one (21) years of age, another recreational marijuana dispensary facility, a recreational marijuana testing facility, or a recreational marijuana-infused projects manufacturing facility.
[Ord. No. 23-55, 9-18-2023]
RECREATIONAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a recreational marijuana dispensary facility, a recreational marijuana testing facility, or to another recreational marijuana-infused projects manufacturing facility.
[Ord. No. 23-55, 9-18-2023]
RESIDENTIAL CARE CENTERA facility which provides care, treatment or custody for ten (10) or more mentally retarded residents and affords an opportunity for utilization of community, educational, training, recreational, socialization and health facilities and may in addition to those services provide educational, nursing or other specialized services within the facility.
RESIDENTIAL SCHOOLS AND/OR LEARNING CENTERSA facility which primarily provides special education or training to mentally retarded students on a residential or non-residential basis. The educational or training program of such a facility should be based on realistic and professionally sound curriculum geared to meet the physical, emotional, social, academic and vocational needs of its students, with a view to maximizing their potential so as to lead to as much self-sufficiency in life as possible. Such a facility follows an academic calendar and is staffed by a special education faculty and meets the standards established by the State Department of Elementary and Secondary Education, section of special education, as an educational agency to provide special education services by contractual agreement.
RESTAURANTAny building, room or place where meals are prepared or served or sold to transients or the general public, and all places used in connection with it and includes any public or private school lunchroom for which food service is provided by contract. "Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant" does not include:
1. Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.
2. Churches, religious, fraternal, youth or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve or sell meals to transients or the general public.
3. Any public or private school lunchroom for which food service is directly provided by the school or a private individual selling foods from a movable or temporary stand at public farm sales.
4. Any bed and breakfast establishment that serves meals only to its lodgers.
5. The serving of food or beverage through a licensed vending machine.
6. Any center defined as institutional, vocational, technical and adult education district school that serves meals only to the students enrolled in the center, institution or school or to authorized elderly persons.
ROOF SIGNAny painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building.
SANITARIUMAn institution where people go to rest and regain health as well as provide for the indefinite care of invalids or convalescents.
SCHOOLAny building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
[Ord. No. 19-48, 7-15-2019]
SIGNAn identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
SIGN AREAThe total area of the space to be used for advertising purposes, including the spaces between open type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign shall have twice the total area of a single-faced sign.
STREETA public way which affords the principal means of access to abutting property.
STREET LINEA dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATIONAny change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTUREAny thing constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
TEMPORARY RESTAURANTA restaurant that operates at a fixed location in conjunction with a single event such as a fair, carnival, circus, public exhibition, anniversary sale or occasional sales promotion.
TEMPORARY VENDORA merchant selling merchandise (excluding the provision of services) and not located inside a permanent building or structure on private property. "Temporary vendor" shall not include peddlers, as that term is defined under Chapter
610 of this Code.
TOURIST OR TRANSIENTA person who travels from place to place away from his/her permanent residence for vacation, pleasure, recreation, culture, business or employment.
TOURIST ROOMING HOUSEAny lodging place or tourist cabin or cottages where sleeping accommodations are offered for pay to tourists or transients. "Tourist rooming house" does not include:
1. A private boarding or rooming house, ordinarily conducted as such, not accommodating tourists or transients.
3. Bed and breakfast establishments.
TOWN HOUSEA building that has single-family dwelling units erected in a row as a single building on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing line and each such building being separated from any other building by space on all sides.
TRANSIENT GUESTAny person who rents and occupies a guest room in a lodging establishment for a period of less than thirty-one (31) days.
YARDAn open space, other than a court on a lot, unoccupied and unobstructed from the ground upward.
YARD, FRONTA yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimension of the lot, except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
YARD, REARA yard extending the full width of the lot between a principal building and the rear lot line, except as otherwise provided in this Chapter.
YARD, SIDEA yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.