[R.O. 1998 § 400.010; CC 1988 App. A §1; Ord. No. 1424 §1, 9-5-1989; Ord. No. 1507 §1(a), 11-5-1990; Ord. No. 1689 §2, 7-6-1993; Ord. No. 1795 §1(a), 3-6-1995; Ord. No. 1828 §1, 8-7-1995; Ord. No. 1925 §1, 1-6-1997; Ord. No. 1930 §1(a), 2-3-1997; Ord. No. 1958 §1, 7-7-1997; Ord. No. 2055 §1, 1-4-1999; Ord. No. 2074 §1, 7-6-1999; Ord. No. 2262 §1, 11-4-2002; Ord. No. 2449 §2, 12-26-2006]
For the purposes of this Chapter, certain terms and words 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 word "structure" and the word "shall" is mandatory and not directory.
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 in the same lot with such principal building or use.
ALLEYA public or private thoroughfare which affords only a secondary means of access to abutting property.
ANCHOR STOREA mercantile use structure physically connected to a covered mall structure and containing at least one hundred thousand (100,000) square feet of floor area with both exterior and main mall entrances.
APARTMENTA dwelling or building containing two (2) or more dwelling units, each having a separate kitchen and bath facility.
AUTOMOTIVE SALESThe sale of new or the sale of new and used vehicles, motor homes, recreational vehicles, horse trailers and motorcycles.
BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
BUILDINGAny structure designed or intended for the support, enclosure, shelter or protection of persons or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.
BUILDING, HEIGHT OFThe vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
CARPORTAn accessory building constructed as a post and beam supported roof structure, open on at least two (2) sides, to be used for the storage of motor vehicles, boats and trailers.
CHECK CASHING ESTABLISHMENTA business establishment engaged in check cashing operations for a fee, as a primary or substantial element of its business, and which is not licensed as a bank, savings and loan association or credit union by the applicable State or Federal agency. The term "check cashing establishment" shall not be considered an office within the meaning of the Zoning Code.
COVERED MALLA group of structures physically connected by wall and/or roof as a planned commercial environment with a common covered pedestrianway as its focal point and containing at least one million (1,000,000) square feet of gross leaseable floor area for tenant use.
DISTRICTAny section of the City of St. Ann within which the zoning regulations are uniform.
DRIVEWAYThe surfaced portion of a lot constructed for the purpose of access to a garage, attached or detached, on a lot or for the purposes of temporary parking. See Section
400.100 for additional requirements for driveways.
DWELLINGA building or portion thereof designated or used exclusively for residential occupancy, but not including trailers, mobile homes, hotels, motels, boardinghouses, fraternities, sororities, or tourist homes.
DWELLING, MULTIPLEA building, or portion thereof, designed for or occupied by three (3) or more families.
DWELLING, SINGLE-FAMILYA building designed for or occupied exclusively by one (1) family. This definition shall also include "group homes" as defined herein.
DWELLING UNITA room or suite of rooms used as a single-family dwelling including bath and culinary accommodations.
FAMILY[Ord. No. 3067, 11-6-2017]
1. An individual living as a single non-profit housekeeping unit in a dwelling unit; or
2. Two (2) or more persons related by blood, marriage, adoption or foster care relationship living together as a single non-profit housekeeping unit in a dwelling unit; or
3. A group of not more than three (3) persons who need not be related by blood, marriage, adoption or foster care relationship, living together as a single non-profit housekeeping unit in a dwelling unit; or
4. Two (2) unrelated individuals plus the biological, adopted or foster children of either such individuals, living together as a single, non-profit housekeeping unit in a dwelling unit.
FILLING STATIONAny building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
FINANCIAL INSTITUTIONAny bank, savings and loan association or credit union duly licensed by the applicable State or Federal agency as a bank, savings and loan association or credit union. The term "financial institution" shall not include check cashing establishments, pawnshops, short-term loan establishments or title lenders.
FRONTAGEThe distance along a street line from one (1) intersecting street to another or from one (1) intersecting street to the end of a dead-end street.
GROUP HOMESShall include any 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.
HOME OCCUPATIONAn occupation or business activity carried on at residential premises, which is clearly incidental to the principal use of the dwelling as a residence and which complies with the standards established in the Zoning Code for permitted home occupations.
HOTEL (MOTEL)An establishment consisting of a group of attached or detached living or sleeping accommodations, each with a bathroom, located on a single lot and designed for use by the travelling public and tourists, and furnishing customary hotel services.
LOADING SPACEA space having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet, within the main building or on the same lot providing for the standing, loading or unloading of trucks.
LOTLand occupied or intended for occupancy by a use permitted in this Chapter , including one (1) main building, together with its accessory buildings, the yards, parking and loading spaces required herein and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OFThe mean horizontal distance between the front and rear lot line.
LOT OF RECORDA lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this Chapter.
LOT WIDTHThe width of a lot at the front yard line.
MANEUVERING SPACEThe unobstructed area needed for a truck to back, in a single movement, directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of said loading space to the curb side of the most remote traffic lane in the access street.
MASSAGE PARLORAn establishment which has a fixed place of business having a source of income or compensation which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that it can be reasonably expected that the person to whom the treatment is provided or some person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment defined in this code or operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
MASSAGE THERAPYWhen this term is used in this Chapter, it shall mean as set forth in Section 324.240, RSMo., as amended.
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 situated.
NURSING HOME AND FACILITIESA building or buildings in which elderly, chronically ill and disabled persons who are patients therein will be provided full support living facilities including twenty-four-hour nursing supervision. The nursing home and facility may include as an adjunct thereto dwelling units for rent or lease to persons age sixty-two (62) years or over, or chronically ill, or disabled persons, including a spouse of any such person, who can lead reasonably independent lives, and require minimal support facilities, supervision, maintenance and nursing care. Because the dwelling units are an adjunct thereto, they must be maintained and remain under the control and supervision of the operator of the full support nursing home and facilities.
PARKING SPACEA concrete or asphalt surfaced area, unenclosed or enclosed in the main building or in an accessory building having a rectangular area of not less than two hundred (200) square feet and a minimum width of ten (10) feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway not less than twenty-four (24) feet in width for cars parked at a ninety degree (90°) angle, nor less than eighteen (18) feet in width for cars parked at an angle of forty-five degrees (45°) or less, to afford satisfactory ingress and egress for such parked vehicles. In parking structures, one-half (1/2) of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space, and the minimum height of such space shall be seven (7) feet.
PLACEAn open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
RELIGIOUS HOUSEA residential structure occupied by persons having as their primary and regular vocation the religious life or ministry under a religious superior.
RESIDENTIAL CARE FACILITYAny premises, other than an assisted-living facility, intermediate-care facility, or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four-hour care to three (3) or more residents, who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility and who need or are provided with shelter, board, and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation, except that, for purposes of receiving supplemental welfare assistance payments under Section 208.030, RSMo., only any residential care facility licensed as a residential care facility II immediately prior to August 28, 2006, and that continues to meet such licensure requirements for a residential care facility II licensed immediately prior to August 28, 2006, shall continue to receive after August 28, 2006, the payment amount allocated immediately prior to August 28, 2006, for a residential care facility II under Section 208.030, RSMo.
RESIDENTIAL GROUP HOMEWhen operated by a not-for-profit corporation, providing continuing care, supervised twenty-four (24) hours per day by qualified persons, is located on one (1) acre of land for each such residential group home. A qualified person shall mean a person qualified by education, training and experience, or any combination thereof, for the position which they hold in the residential group home. Group homes for occupants eighteen (18) years old or under shall be licensed by the Missouri Department of Social Services.
RETIREMENT HOME FACILITYApartment dwelling units for independent living for persons age sixty-two (62) or older, each apartment to contain separate kitchen and sanitary facilities.
ROOMING UNITA room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes. Each such rooming unit shall contain or have unrestricted access to bathroom facilities.
SCHOOL, PRIVATEAny school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools, or private and parochial colleges and universities.
SCHOOL, PUBLICAny school operated by a public school district or by a City, County, State or Federal government agency.
SEXUALLY ORIENTED BUSINESS1. An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
a. Has a substantial portion of its displayed merchandise which consists of such items; or
b. Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
e. Maintains a substantial section of its interior business space for the sale or rental of such items; or
f. Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas;
3. An adult motion picture theater. "Adult motion picture theater" means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration.
4. A semi-nude model studio. "Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:
a. By a college, junior college, or university supported entirely or partly by taxation;
b. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
c. In a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(2) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
5. A sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one or more of the persons is semi-nude.
SHORT-TERM LOAN ESTABLISHMENTA business, other than a pawnbroker, engaged in making short-term loans to the public as a primary or substantial element of its business and which is not licensed as a bank, savings and loan facility or credit union by the applicable State or Federal agency. It includes, but is not limited to, lenders licensed by the Missouri Division of Finance pursuant to Sections 408.500 — 408.505, RSMo., 2002. The term "short-term loan establishment" shall not be considered an office within the meaning of the Zoning Code.
STREETAll property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements thereon.
STREET LINEA dividing line between a lot, tract or parcel of land and a contiguous street.
STORYThat portion of a building, other than a cellar included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders or any substantial change in the roof or in the exterior walls.
STRUCTUREAnything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas, but shall not include fences.
TITLE LENDER ESTABLISHMENT An establishment, other than a pawnbroker, engaged in the business of making title loans, including but not limited to businesses licensed pursuant to Sections 367.500 — 367.533, RSMo. The term "title lender establishment" shall not be considered an office within the meaning of the Zoning Code.
TOW TRUCKA vehicle designed or manufactured primarily for the towing of other vehicles.
[Ord. No. 3202, 9-8-2020]
USED CAR LOT OR SALESThe annual sale of more than four (4) used vehicles not in conjunction with an automotive sales establishment.
VEHICLE, MOTORAny self-powered vehicle moving on wheels or runners used as a means of transport.
YARDAn open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONTA yard extending the full width of the lot between a principal building and the front lot line.
YARD, REARA yard extending the full width of the lot between a principal building and the rear lot line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDEAn open space between the front and rear yards of a lot and between the side lot lines and the main building or any projections thereof.