These regulations contained in this Chapter 31 shall be known and may be cited as the "Zoning Ordinance of St. Joseph, Missouri."

(Code 1969, § 26-020 [Sec. 31-020]; G.O. 1393, 4-22-96)

For the purpose of promoting health, safety, morals and the general welfare of the community, the city council of the City of St. Joseph finds it necessary to adopt these regulations made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, flooding, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to implement the city comprehensive plan. In furtherance of these purposes, the entire area within the corporate limits of the City of St. Joseph is hereby divided into districts as follows:

(a)

Agricultural districts:

(1)

District A-1: General Agricultural District

(2)

District A-OR: Agricultural, Outer Residential District

(b)

Residential districts:

(1)

District R-1A: Detached Single-Family Residential District

(2)

District R-1B: Detached Single-Family Residential District

(3)

District R-2: Two-Family Residential District

(4)

District R-3: Garden Apartment Residential District

(5)

District R-4: Apartment Residential District

(6)

District R-5: Mobile Home Park and Mobile Home Subdivision District

(c)

Commercial districts:

(1)

District C-0: Nonretail Commercial District

(2)

District C-1: Neighborhood Shopping District

(3)

District C-2: Downtown Business District

(4)

District C-3: Commercial District

(d)

Business park districts:

(1)

District B-P(C): Commercial District

(2)

District B-P(W): Wholesale Trade and Business Services District

(3)

District B-P(D): Distribution/Warehousing/Light Manufacturing District

(e)

Manufacturing districts:

(1)

District M-1: Light Manufacturing District

(2)

District M-2: Heavy Manufacturing District

(f)

Planned unit development districts:

(1)

District RP-1A: Planned Single-Family Residential District

(2)

District RP-1B: Planned Single-Family Residential District

(3)

District RP-2: Planned Two-Family Residential District

(4)

District RP-3: Planned Garden Apartment Residential District

(5)

District RP-4: Planned Apartment Residential District

(6)

District RP-5: Planned Mobile Home Residential District

(7)

District CP-0: Planned Non-retail Commercial District

(8)

District CP-1: Planned Neighborhood Shopping District

(9)

District CP-2: Planned General Business District

(10)

District CP-3: Planned Commercial District

(11)

District MP-1: Planned Light Manufacturing District

(12)

District MP-2: Planned Heavy Manufacturing District

(g)

Precise plan districts:

(1)

P-1: Downtown Precise Plan District

(2)

P-2: Heartland Hospital Precise Use Plan District

(3)

P-3: North Land Development Precise Plan District

(4)

P-4: (Repealed)

(5)

P-5: Tuscany Precise Plan District

(6)

P-6: Whitehead Plaza Precise Plan District

(7)

P-7: EBR/HRMC Development Precise Plan District

(8)

P-8: Riverside Business Park Precise Plan District

(9)

P-9: Fountain Creek Precise Plan District

(10)

P-10: The Commons Precise Plan District

(11)

P-11: The Uptown Development Precise Plan

(12)

P-12: The Riverfront Precise Plan

(h)

Overlay districts:

(1)

Frank L. Goetz Residence Landmark, 2902 Frederick Avenue

(2)

Nelson/Pettis Farmstead Landmark, 4401 Ajax Road

(3)

Second Presbyterian Church Landmark, 1122 S. 12th Street

(4)

Albert and Flora Goetz Residence Landmark, 2603 Francis Street

(5)

Historic District Number One (Hall Street Historic District)

(6)

Historic District Number Two (Museum Hill Historic District)

(i)

Floodplain and floodway districts.

(Code 1969, § 26-030 [Sec. 31-030]; G.O. 1393, 4-22-96; G.O. 2100, 6-6-05; G.O. 2408, 11-1-10; G.O. 3026, 4-4-22)

Boundaries of the districts, as enumerated in Section 31-002 of this ordinance, are established as shown on a map prepared for that purpose. The map is attached and incorporated herein by reference as fully as if the same were set forth at length, which map is hereby designated as the zoning district map; and said map and all the notations, references and information thereon is hereby made a part of this ordinance. The commission shall keep on file in its office an authentic copy of said map, and all changes, amendments or additions thereto.

When definite distances in feet are not shown on the zoning district map, the district boundaries are intended to extend to existing street, alley or platted lot lines, or extensions of the same. Where the property has been or may hereafter be divided into blocks, and lots, the district boundaries shall be construed to be lot lines, and where the designation on the map accompanying and made a part of this ordinance indicating the various districts are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of such district unless said boundaries are otherwise indicated on the map. If the exact location of such lines is not clear, it shall be determined by the city planner, who will make a decision based on the scale of the zoning district map and/or applicable ordinances along with other means, which shall be at the discretion of the city planner.

When streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the city planner may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this ordinance.

Whenever a street or alley is dedicated, such street or alley shall be zoned in accordance with Section 31-011 automatically void.

(Code 1969, § 26-040 [Sec. 31-040]; G.O. 1393, 4-22-96; G.O. 2878, 8-27-18)

Concurrently with the annexation of any land the city shall hold a public hearing to zone the land with an appropriate designation and in conformance with the adopted comprehensive plan. Noticing and hearing procedures shall be in conformance with Section 31-071.

(G.O. 1393, 4-22-96)

Notwithstanding any other provisions of this title to the contrary, applications for land use entitlements may be combined in one application for purpose of review and approval. In the event of such combination, the reviewing body having final approval over the combined application shall be the highest body in the city which must approve any element to the combined application. Combined applications shall not include appeals, variances or exceptions which must be heard by the board of adjustment.

(G.O. 1393, 4-22-96)

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this ordinance to interfere with or annul any existing easements, covenants or other agreements between parties, or any statute, local ordinance or regulation, except that if this ordinance imposes a greater restriction, or higher standard, this ordinance shall control.

(Code 1969, § 26-540 [Sec. 31-540]; G.O. 1393, 4-22-96)

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The city council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid.

(Code 1969, § 26-550 [Sec. 31-550]; G.O. 1393, 4-22-96)

All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof.

(Code 1969, § 26-560 [Sec. 31-560]; G.O. 1393, 4-22-96)

All rights or remedies of the City of St. Joseph are expressly saved as to any and all violations of previous zoning regulations or amendments thereto, of said city that have accrued at the time of the effective date of this ordinance; and to a such accrued violations, the city and the courts shall have all the powers that existed prior to the effective date of this ordinance; and that all existing violations of previous zoning regulations which would otherwise become nonconforming uses under this ordinance shall not become legal nonconforming uses under this ordinance, but shall be violations of this ordinance in the same manner that they were violations of prior zoning regulations.

(Code 1969, § 26-570 [Sec. 31-570]; G.O. 1393, 4-22-96)

(a)

For the purpose of this ordinance, the following words and terms as used herein are defined to mean the following:

Abutting: Two adjoining lots have a common boundary, not including lots separated by a common right-of-way.

Accessory building: A structure that:

(a)

Is subordinate to and serves a principal structure;

(b)

Is subordinate in area, extent or purpose to the principal use served;

(c)

Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure; and

(d)

Is located on the same lot as the principal structure served.

Accessory use: A use of land or of a building or portion thereof which:

(a)

Is subordinate to and serves a principal use;

(b)

Is subordinate in area, extent or purpose to the principal use served;

(c)

Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal use;

(d)

Is related to the principal use of the property;

(e)

Is located on the same lot as the principal use served; and

(f)

Is not injurious, noxious or offensive to the neighborhood.

ADA: Americans with Disabilities Act.

Adjacent: Meaning next to, but not necessarily "touching".

Adult entertainment: Those uses or places of business which fall under the regulations contained in Chapter 8, Article 10 of the St. Joseph, Missouri Code of Ordinances.

Agricultural use: The category of uses of a property for one or more of the following purposes:

(a)

Growing and/or production of plants, crops, or horticultural products, including greenhouse and nursery operations for personal or commercial purposes.

(b)

Animal husbandry, including the raising and production of dairy animals and dairy products; poultry and poultry products; beef cattle; sheep; swine; horses; bees and apiary products; birds and aviary products; or raising and keeping of livestock.

(c)

The use of land for the purposes of lakes, ponds, pasture, irrigation facilities or some other natural feature cultivated and maintained for the purposes of agriculture.

(d)

The use of land for the purposes of grain elevators, barns, or some other structure designed and maintained for the purposes of agriculture.

(e)

Other similar uses including kennels, animal pounds, animal humane societies, etc.

Alley: A public way which is used primarily for vehicular access to the back or side of abutting properties.

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

Arcade: Any establishment with the primary function of video games, pinball games, air hockey, or similar coin-operated amusement apparatus. May be a component of a larger recreational or commercial type use.

Automobile wrecking: The collecting and dismantling or wrecking of two or more used vehicles or trailers, or the storage, sale or dumping of two or more dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Bank, credit union, and financial services: Category of businesses in a freestanding building, kiosk, or automated teller machine (ATM), providing financial services and transmission of funds, including banks and savings and loan companies.

Basement: That portion of a building which is partially or completely below grade. A basement shall be considered a story where the finish surface of the floor above the basement is:

(a)

More than six feet above the average finished grade around the building;

(b)

More than six feet above the finished ground level for more than 50% of the total building perimeter; or

(c)

More than 12 feet above the finished ground at any point.

Bed and breakfast: An owner-occupied dwelling or portion thereof, that contains guest rooms where short-term lodging, with or without meals, is provided for compensation.

Big box retail: Retail development with a single general commercial building or multiple such buildings which have 50,000 square feet or greater in gross floor area, including warehouse clubs, large department stores, and similar uses.

Block: A defined portion of a parcel or tract of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the building regulations official shall determine the boundaries of the block.

Block face or frontage: One side of a street between two connective features intersecting that street, such as streets or commonly accepted geographic areas (parkland, cul-de-sac, other right-of-way, etc.).

Board: Refers to the zoning board of adjustment of the City of St. Joseph, Missouri.

Boardinghouse: A building, other than a hotel, in which are provided sleeping accommodations for rent to more than five persons on either a transient or permanent basis, with or without meals, but without providing kitchens for individual units.

Brew pub: An eating and/or drinking establishment where alcoholic beverages are brewed or distilled on-site and served for on-site consumption or packaged retail sales.

Buffer: The use of landscaping or similar materials to provide a literal buffer between adjacent uses.

Building: A structure enclosed within exterior walls or firewalls and covered by a roof.

Building material and hardware stores: Category of businesses providing the retail sale, rental, or lease of durable consumer goods, or retail sale, rental, or lease of such goods in combination with repair and maintenance services and or sale of replacement parts and accessories. This use includes the following:

(a)

Stores greater than 50,000 square feet (large), with a large array of services and products including flooring (of all types), lumber, appliances, etc. that could otherwise be defined as "big box retail" serving a wider regional market.

(b)

Stores less than 50,000 square feet (small) with a smaller range of products and services similar in nature, serving a smaller area of the city or neighborhood.

Bunk house: A building offering basic sleeping accommodations for workers, visitors, or campers, not to be used as a permanent dwelling.

Carnival, circus, or block party: A temporary festive event, not to last longer than a period of four days and only if a special event permit from the city is obtained.

Carport: Roofed vehicle shelter open on three or more sides.

Cemeteries and crematoria: Land used or intended for the burial or cremation of the dead, whether human or animal, including mausoleums and buildings where funeral services may be held, including funeral homes and or mortuaries.

City: The City of St. Joseph.

Club or lodge: An association of persons for some common object or purpose, jointly supported and meeting periodically. This use includes fraternal organizations, gun and athletic clubs, educational or cultural enrichment clubs, fraternities or sororities, charities, etc.

Commercial uses: Category of uses that provide sales and or other types of transactional services involving goods, services, or other commodities to the general public in a wide range of categories including retail, restaurants and food service, offices, personal services, etc. Uses include:

(a)

Retail services including apparel, bookstores, florists, bakeries, groceries, package stores, building supply and hardware stores, vehicle sales, chain or franchise stores, micromanufacturing, "big box retail", and other uses widely determined to be retail.

(b)

Restaurant or food service uses including sit-down or drive-thru restaurants, catering services, bars, brewpubs, cafes, bistros, associated patios or outdoor spaces, etc.

(c)

Personal or self-service uses such as tanning salons, hair salons, barber shops, estheticians, car washes, coin laundry, etc.

(d)

Office uses for businesses, firms, corporations, or other type organizations, including shared workspace facilities.

(e)

Uses that may also be interpreted as recreational that have a commercial or transactional component, such as athletic clubs, bowling alleys, arcades, theaters (film or stage), casinos or gambling establishments, etc.

(f)

Other uses not defined where the primary purpose is of a transactional nature of a finished product or service to a customer.

Commission: Refers to the planning commission of the City of St. Joseph, Missouri.

Community garden: Area of land managed and maintained to grow and harvest food or horticultural products for personal or group consumption or off-site sale or donation.

Conceptual development plan: A set of drawings and diagrams which depict a proposed development in concept, including site layout, landscaping and architectural themes.

Conditional use permit: A discretionary permit approved by the Commission and City Council permitting, with or without additional conditions, a use which may have extraordinary characteristics which may have detrimental impacts to the street, neighborhood or commercial or industrial district.

Condominium: Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as, yards, fountains, basements, floors, walls, hallways, stairways, elevators and all other related common elements. Each individual particular unit or apartment in such building is owned individually in fee. This kind of ownership is not confined to residential buildings such as apartments, but it also extends to offices and other types of space in commercial buildings.

Council: Refers to the City Council of the City of St. Joseph, Missouri.

Contiguous: Meaning "touching" or "in contact with".

Day care home or day nursery home: A "day care home or day nursery home" is a family home, occupied as a permanent residence by the day care provider, in which family-like care is given for any part of the twenty-four hour day, for compensation or otherwise, to children who are not related to the day care provider and which is licensed by the State of Missouri, except those operated by a school system or in connection with a business establishment as a convenience for its customers and except boarding homes for children.

(a)

Small day care home is a home which provides day care to four or fewer children under 16 years of age.

(b)

Large day care home is a home which provides day care to five to ten children under 16 years of age.

Day nursery center: A house or other place conducted or maintained by any person who advertises or holds himself out as providing care for more than ten children during the daytime, for compensation or otherwise, except those establishments as a convenience for its customers, and except boarding homes for children.

Director: Refers to the director of community services of the City of St. Joseph, Missouri.

District Use Table: Graphic outlining permitted, conditionally permitted, and non-permitted uses for zoning districts within the city.

Duplex: A building consisting of two dwelling units on a single lot, sharing either a common wall or common floor/ceilings. Includes two-family dwellings.

Dwelling: A building or portion thereof, designed exclusively for residential occupancy, but not motels, hotels or travel trailers.

Dwelling, one-family detached: A building containing one detached dwelling unit.

Dwelling, two-family detached: A building containing no more than two dwelling units.

Dwelling, mixed-use: A dwelling existing in connection to (either directly or indirectly) a commercial use, i.e., a commercial storefront with an upstairs apartment, etc.

Dwelling, multiple: A building containing more than two dwelling units.

Easement: A right-of-way granted, but not dedicated, for limited specific use of private land for a public, quasi-public or private purpose and within which the owner of the property shall not erect any permanent structures.

Exception: A special permit granted by the board of adjustment or landmark commission, as the case may be, to deviate from certain specified standards and to allow certain specified uses of land following a hearing and making the required findings. Deviating from the specified standards and uses are generally not detrimental to a neighborhood or area by themselves but may be if uncontrolled.

Façade: Exterior wall of a building that is facing a street, not including an alley.

Family: One or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of unrelated persons of not more than eight (excluding live-in domestic assistance such as housekeeping, hospice care, etc.) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities.

Farmers markets: A regular periodic sales activity held within a building, structure or open area where groups or individual sellers offer the sale of fruits, vegetables or other goods commonly produced on farms, home gardens, or community gardens.

Flea markets: Any place where two or more persons occupy individual stands for the purpose of buying, selling, trading or exchanging personal property, and not to include garage sales.

Floodplain: An area susceptible or prone to being inundated by floodwaters from any source.

Floodway: Channel of a watercourse and adjacent land areas that are reserved to discharge base flood without cumulatively increasing water surface elevation more than a designated height.

Foster care home: A private residence licensed by the division of family services or department of mental health to provide foster care to one or more but less than seven children who are unrelated to either foster parent by blood, adoption, or marriage.

Garage, commercial: A building or portion thereof, other than a private garage, or car wash, designed or used for servicing, repairing or equipping motor-driven vehicles including major and minor mechanical repair, and excluding paint and body work. Overnight storage of vehicles to be worked on the next day is allowed.

Garage, private: An enclosed building for the storage of motor vehicles with no provisions for repairing or servicing such vehicles for profit.

Garage sales: A sale of personal property conducted at any resident dwelling or group of dwellings. Garage sales are regulated by the provisions contained in Chapter 23, Article I, of the St. Joseph, Missouri, Code of Ordinances.

Garage, storage: A building or portion thereof, except those defined as a private or a commercial garage, providing storage for more than four motor vehicles.

Group home for mentally or physically handicapped: A building or portion thereof designed or used for the purpose of providing twenty-four hour a day residential living accommodations pursuant to the adopted building, house and fire codes, in exchange for payment of money or other consideration, where the tenants are afflicted with a mental or physical handicap requiring monitored care.

Height of buildings or structures: The vertical distance from the average finished grade adjoining the building to the average height of the highest roof surface.

Heliport: An area, either at ground level or elevated on a structure, to be used for the landing, takeoff, parking and maintenance of helicopters and is not limited to parking areas, maintenance facilities, fuel storage facilities and passenger waiting rooms.

Helistop: A helistop is a heliport for the landing and take-off of helicopters, but without maintenance facilities, passenger waiting rooms and fuel storage facilities.

Home occupation: An accessory use carried out by the occupants for compensation in a residential dwelling unit.

Hospital: Facility or facilities offering primary health care services (inpatient or outpatient) to persons suffering from illness, disease, injury, disability, and other physical or mental conditions. Includes all related facilities including laboratories, training facilities, medical offices, clinics, and other uses related to the functioning of the overall organization.

Hotel or motel: A facility offering transient lodging accommodations on a daily rate to the general public. Includes "travel lodges" or "motor hotels".

Household pets: Small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs and cats, but excluding bovine or equine animals, goats, sheep, or swine. This code does not regulate the keeping of small household pets such as fish, birds or rodents. Other non-dangerous animals as specified in Section 5.3, Dangerous and prohibited animals, may be permitted pursuant to these regulations.

Indirect illumination: The process of lighting a surface by use of electrical lights whereby the source of the light is not exposed to view.

Infill: Redevelopment of a vacant property in a neighborhood or area otherwise consisting of existing development.

Junk: Means old, dilapidated, abandoned or scrap rubber metal, paper, plastic, glass, appliances, furniture, beds, debris, waste, dismantled or wrecked vehicles, or parts thereof.

Junkyard: Means an establishment, area or place of business maintained, operated or used for the storing, keeping, buying or selling of junk or for the operation of a motor vehicle junkyard as defined in Chapter 23, Article IV, of the St. Joseph, Missouri, Code of Ordinances.

Kennel: Place or structure primarily used for the keeping of animals, such as dogs, cats, and other small animals for period of time. This definition can include animal shelters or pounds but does not include pet shops or veterinary clinics.

Landmark commission: Refers to the landmark commission of the City of St. Joseph.

Landscaping: Creation of an aesthetic effect through the use of greenspace and plant materials such as grass, trees, and shrubs as well as associated physical structures such as planters, brick, stone, water features and other features.

Lot: A legal lot of record or a parcel of land approved in accordance with the procedures set forth in Chapter 26, Subdivision Regulations, of this Code of Ordinances, intended to be separately owned, developed and otherwise used in accordance with the provisions of this chapter.

Lot, corner: A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot.

Lot, depth: The average distance from the front lot line to the rear lot line.

Lot, flag: A lot having access to a street by means of a private driveway or lot which does not meet the lot width requirements of this chapter.

Lot, interior: A lot which is not a corner lot.

Lot lines: The lines bounding a lot.

Lot line, front: On an interior lot, the lot line abutting a street; on a corner lot, the shorter lot line abutting a street; on a through lot, the lot line abutting the street providing primary access; or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

Lot line, rear: The boundary line which is opposite and most distant from the front lot line. A lot bounded by three lot lines will not have a rear lot line.

Lot line, side: Any lot line which is not a front or rear lot line.

Lot, reverse corner: A corner lot whose front lot line faces at right angles to the front lot lines of the interior lots or whose rear lot line abuts the side lot lines of adjacent interior lots.

Lot, non-conforming: A lot which does not comply with one or more requirements of the regulations contained in this Code of Ordinances.

Lot, through: An interior lot having frontage on two streets.

Lot of record: A parcel of land shown with a separate and distinct number or letter on an official map in the office of the recorder of Buchanan County or a parcel of land shown as separate and distinct from contiguous property upon a map approved by the council, commission or director in the manner provided by ordinance, or a lot which is part of a subdivision, the plat of which has been duly recorded.

Lot width: The horizontal distance between side lot lines measured at the minimum front setback line.

Main building: A building in which the principal use or uses of the premises are contained. Also known as a primary or principal building or structure.

Manufactured homes: A factory-built structure that is manufactured or constructed under the authority of 42 United States Code Section 5401 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home.

Manufacturing use: Category of uses engaged in the wholesaling, warehousing, manufacturing, assembly, processing, production, etc. of chemicals, animal products, metals, stone, glass or other product. Distinctions are made between categories of uses within light and heavy manufacturing districts.

Marijuana or Marihuana means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana or Marihuana do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

Marijuana business facility means any facility licensed by the Department of Health and Senior Services under the authority granted by Article XIV of the Constitution of the State of Missouri and shall include any medical facility and any marijuana facility as those terms are defined in Article XIV of the Constitution, as amended. A marijuana business facility shall include a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, comprehensive marijuana-infused products manufacturing facility, marijuana testing facility, medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, microbusiness dispensary facility, microbusiness wholesale facility, or any other type of marijuana-related facility or business licensed or certified by the department pursuant to Article XIV of the Missouri Constitution, as amended.

Marijuana-infused products means products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories and infused prerolls.

Marijuana testing facility means a facility certified by the State of Missouri to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.

Materials: Any organic or inorganic item, either wholly or partially manufactured, fabricated, processed or raw, including but not limited to, animal, vegetative or earthen items; brick; concrete; glass, metal, plastic, porcelain, rock, steel and wood.

Medical clinic and facilities: Healthcare facility (typically excluding hospitals, though a clinic may be a component of one) providing outpatient services such as medical, dental, psychiatric, psycho-logical, etc. to patients. Can include medical and diagnostic laboratories, blood banks, urgent cares, etc.

Medical marijuana cultivation facility means a facility licensed by the State of Missouri to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

Medical marijuana dispensary facility means a facility licensed by the State of Missouri to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided in this section to a qualifying patient, a primary caregiver anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

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

Micromanufacturing: Category of uses meaning the retail or business-to-business artisan or small-tool production of goods including 3-D printing, canning, bespoke consumables, clothing, electronics, etc. whether in a storefront or home occupation capacity via online sales.

Mobile homes (or trailers): A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile home park: A parcel of land (zoned R-5) wherein two or more mobile homes as herein defined are located, whether for or without compensation and shall include all accessory buildings. Mobile home park shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for the purpose of inspection and sale.

Modular home: Factory-built housing bearing the seal issued by the Missouri Public Service Commission indicating compliance with the State of Missouri Modular Standards and Regulations for modular homes.

Nonconforming use or building: A use or building which does not comply with the regulations of the district or districts in which it is situated at the time of the passage of this ordinance.

Nursing or convalescent home: The term "nursing" or "convalescent" home means a private home, institution, building, residence or other place, whether operated for profit or not, which provides, through its ownership or management, maintenance, personal care or nursing for three or more individuals not related to the operator, who by reason of illness, physical infirmities or advanced age are unable to care completely for themselves; or provides sheltered care to three or more individuals not related to the operator, which includes treatment or services which meet some need of the individual beyond the basic requirements for food, shelter and laundry.

Off-heliport landing site: A take-off and landing area intended for emergency or temporary helicopter use and having no auxiliary facilities.

Off-street parking: Area used for the storage or parking of an automobile not located on any public street, alley, or other right-of-way.

Other uses: Category of uses not easily placed in other use types by virtue of being exceedingly unique, specific, or a use that could be classified within multiple use types. This includes transportation, utility, and other like uses.

Package store: Also known as a liquor store; a place where the primary business activity is the sale of alcoholic beverages and other incidental retail for off-site consumption.

Parking garage: Parcel of land devoted to enclosed parking spaces.

Parking lot: A parcel of land devoted to unenclosed parking spaces.

Place: An open, unoccupied space other than a street or alley, at least 20 feet in width, permanently reserved or granted by a recorded instrument in writing as the principal means of access to all abutting or adjacent property.

Planned Unit Development: An area to be planned, developed, and maintained with a common architectural and landscaped theme.

Public, civic, and institutional uses: Category of uses that provide services to the general public in a wide range of categories including government, education, and healthcare, etc. Uses include:

(a)

Government facilities including offices and public administrative centers, places of assembly, and open spaces.

(b)

Public service facilities such as fire, police, and postal services.

(c)

Health facilities such as hospice care facilities, clinics (both public and private) and hospitals provided for regulations of subject zoning district.

(d)

Educational uses including pre-K—12th grade public and private institutions, colleges and universities (including associated dormitories, stadia, and other accessory uses), and specialty schools and educational institutions.

(e)

Libraries, museums, art galleries, and other like institutions and facilities.

(f)

Correctional institutions, including jails, prisons, detention centers, etc.

(g)

Public welfare facilities, including foster care homes and charities.

(h)

Religious facilities and houses of worship.

Porch: A roofed, open area usually attached to or part of and with direct access to or from a building. A porch becomes a room when the space enclosed is heated or air conditioned or if glazed.

Precise plan: An approved plan for a defined area within the city with highly specific use, aesthetic, and building goals, limitations, and requirements.

Recreational or "adult use" marijuana: Sale of marijuana for personal use for adults 21 years of age and older.

Recreational uses: A category of uses where the primary intent is to provide recreational services in a public or commercial capacity. Uses include:

(a)

Indoor recreational facilities including arenas, recreation centers (including aquatic facilities), skating rinks, athletic clubs, golf club houses and associated buildings, and other like uses.

(b)

Outdoor recreational facilities including parks, parkways, trails, athletic fields, stadia, fairgrounds, sporting clubs (archery, gun, etc.), driving ranges, beaches, swimming pools, reserves, and other like uses.

Recreational vehicle: A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. Recreational vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks, busses or vans, and boats and boat trailers.

Recycling center: A facility where post-consumer recyclable material, such as cans, bottles, etc., is collected, separated and/or processed and stored in containers or a building prior to shipment to other facilities.

Residential care facility: A building or portion thereof designed or used for the purpose of providing 24-hour-a-day residential living accommodations pursuant to the adopted building, housing and fire codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual tenant's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facilities include, but are not limited to, residential care facilities for the elderly, alcoholism, or drug abuse recovery or treatment facilities, and other similar care facilities.

Residential uses: Category of uses that pertain to the use of property for residential purposes such as dwellings ranging from single-family to apartment, small homes, mobile homes and parks, accessory uses, and home occupations.

Ringelmann Chart: A chart published and used by the United States Bureau of Mines to measure smoke and particulate matter emissions.

Row house: (Equivalent to "townhouse".)

Salvage yard: An area used for the sale or storage of secondhand building materials and supplies and other secondhand merchandise and materials which are not housed in a building.

Setback: The required minimum distance between the lot line or centerline of street and the nearest front, side or rear building line.

Shipping container: An intermodal freight container or other large container, in whole or in part, designed and manufactured for the reusable storage and transport of materials and products across different modes of transportation - from ship to rail to truck - without unloading and reloading its cargo.

Short-term rental: Use of an existing dwelling for the purpose of short-term rentals for a period of less than thirty days. Typically associated with online room rental services.

Sight-obscuring fence: An assembly with pickets, balustrades, posts or other opaque members of a density greater than 50% of the total assembly.

Sign: Any device, fixture, placard or structure that uses color, form, graphics, symbol, writing or illumination to advertise, announce the purpose of, identify, call attention to or communicate information of any kind to the public. Specific sign regulations are contained in Article II of this zoning ordinance.

Site plan: A document providing a comprehensive overview of proposed work or construction on a property, including dimensions of property, existing structures, proposed structures, required setbacks, etc. typically included as part of an application.

Small house: Also known as a "tiny house:" A structure not less than 128 square feet and not to exceed 900 square feet and not exceeding two stories in height and intended for use as a permanent, single-family residence. The structure must be connected to public utilities (electric, water and sewer). A manufactured home, mobile home or travel unit as defined in this section are not considered a small house.

Small house development: Any development, site, parcel or tract of land designated, maintained or intended to be used for the purpose, placement or construction of a small house, as defined in this section.

Stable, private: An accessory building in which animals are kept for private use by the occupants of the premises and not for remuneration, hire or sale.

Stable, public: A structure in which animals are housed, boarded, kept for remuneration, or used for pleasure riding or driving.

Storage facilities or units: Building or group of buildings (excluding warehouses and storage garages) used for the storage of personal property or records where individual owners or tenants control storage spaces. Includes mini-storage facilities.

Story: That portion of a building included between a floor and the floor or ceiling next above it.

Street: A public or private way which provides principal means of vehicular access to property abutting it.

Street line: The property line between the street and the abutting property.

Street width: The average distance across any street between intersections.

Structure: Anything constructed or erected, including, but not limited to, signs and gasoline pumps, and excepting pavement and utility poles.

Structural alterations: A modification of or addition to the supporting members of a building, such as bearing walls, columns, beams, or girders.

Studio(s): Use of a building or structure for studio purposes including art, audio-visual, recording, photography, or other like use.

Telecommunications facilities and structures: Structures used for the purpose of telecommunications as defined in Article V.

Tiny house: See "small house."

Townhouse: A dwelling project consisting of three or more individual dwelling units arranged in a row where units share a common wall.

Trailer court: (Equivalent to "mobile home park.")

Transient: Any individual who occupies or is entitled to occupancy for a period of 30 consecutive calendar days or less.

Travel trailer: (Equivalent to "recreational vehicle.")

Usable rear yard area. That area bounded by the rear lot line(s) and the rear building lines extended to the side lot lines.

Use category: Overarching categories of uses within the city and defined within this section. All uses outlined in the District Use Table fall within these broader categories, which are:

(a)

Agricultural.

(b)

Residential.

(c)

Recreational.

(d)

Public, civic, and institutional.

(e)

Commercial.

(f)

Manufacturing and industrial.

(g)

Other.

Use limitations: Conditions outlined within Section 31-049 for uses with specific regulations to allow them to exist either by right or conditionally within zoning districts.

Utility structures: Those structures utilized for or in conjunction with public or private utility services, including water meters or storage tanks, electric power plants, substations, poles, or like facilities, sewerage facilities, and any affiliated service structure, excluding telecommunications towers and facilities.

Variance: Relief from or variation of the provisions of these regulations, other than use regulations, which shall be applied only to a specific piece of property. Use regulations may be altered only by amendment to the zoning ordinance. Variance procedures are contained in Section 31-092.

Vehicle: Any mechanical device on wheels designed primarily for use, or used, on streets or highways, except motorized bicycles, vehicles propelled or drawn by horses, or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons.

Vehicle sales and service centers: Uses within this definition include those related to the storage, servicing, maintenance, sales, etc. of motor vehicles including automobiles (cars), light, medium, and heavy trucks and equipment, motorcycles, boats, and recreational vehicles. This includes the following:

(a)

Vehicle sales including car lots; or a parcel of land which vehicles in operable condition are displayed for sale (see "vehicle storage lot").

(b)

Vehicle services, automobile shops, automobile repair centers, etc. defined as:

i.

Light: Including tire, lube, and stereo services; car washes.

ii.

Medium: All light services in addition to recap and retreading services.

iii.

Heavy: All light and medium services in addition to commercial and full body garage services.

Vehicle storage lot: A commercial establishment, place of business or area maintained and operated or used for the storage of vehicles in operable or non-operable condition, outside an enclosed building. Areas used for the sale of vehicles in operable condition are specifically exempt from this definition. Nothing in this definition shall be construed to prohibit an otherwise per-mitted accessory use defined in this Code.

Yard: 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.

Yard, front: A yard across the full width of the lot from the front line of the main building to the front line of the lot.

Yard, rear: A yard across the full width of the lot from the rear line of the main building to the rear line of the lot.

Yard, side: A yard between the side line wall of the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard.

(b)

In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

(c)

Words used in the present tense include the future; words in the singular number include the plural; words in the plural number include the singular; words in the masculine gender include the feminine gender; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" or the word "must" is mandatory; the term "used for" includes the meaning "designed for" or "intended for". Any terms not herein defined shall be construed as defined in the building code of the City of St. Joseph, Missouri.

(d)

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected items or provisions shall apply;

(2)

"Or" indicates that the connected items or provisions shall apply;

(3)

"Either ... or" indicates that the connected items or provisions shall apply singly but not in combination.

(e)

All public officials, bodies, and agencies to which reference is made are those of the city unless otherwise indicated.

(Code 1969, § 26-010; G.O. 774, 3-19-90; G.O. 1061, 2-1-93; G.O. 1146, 1-31-94; G.O. 1393, 4-22-96; G.O. 1680, 3-22-99; G.O. 1692, 5-3-99; G.O. 2860, 7-2-18; G.O. 2910, 4-22-19; G.O. 3026, 4-4-22; G.O. 3057, § 1(Exh. A), 2-6-23)

(a)

Except as may be preempted by applicable law, all rights-of-way within the city are hereby zoned R-1A detached single-family residential district except for any rights-of-way that are not within property zoned residential. Rights-of-way not within property zoned residential are hereby zoned from their boundaries to the centerline of the rights-of-way with the zoning district designation as the lot, parcel, or tract abutting the one-half right-of-way. Provided that no use otherwise authorized in such zoned district shall be permitted in the rights-of-way that is not specifically authorized by the city's rights-of-way regulations.

(b)

Whenever any right-of-way is vacated, the zoning designation adopted by subsection (a) shall not apply and the particular district in which the adjacent property lies shall be extended to the centerline of the vacated right-of-way.

(c)

The director of planning and community development, or his or her designee, shall periodically update the zoning district map to reflect the zoning designations ascribed to the rights-of-way and vacated rights-of-way by this section.

(G.O. 2878, 8-27-18)

(a)

No marijuana businesses facilities may be operated or maintained within 300 feet of any elementary or secondary school, child day-care center that is licensed by the State of Missouri, or church.

(b)

No marijuana businesses facilities may be operated or maintained within 500 feet of any establishment licensed under Article X of Chapter 8 of this Code.

(c)

No marijuana businesses facilities may be operated or maintained within 500 feet of another marijuana businesses facility with a like license except when medical marijuana sales represent less than five percent of the dollar volume of business in a state or federally licensed pharmacy or when the marijuana businesses facilities share the same ownership.

(G.O. 2910, 4-22-19; G.O. 3057, § 2(Exh. A), 2-6-23)