[Ord. No. 1892 Zoning Regs. Art. 5 §2, 4-7-1997; Ord. No. 1971, §1 7-19-1999; Ord. No. 2113 §1, 9-3-2002; Ord. No. 2514 §1, 3-21-2011]
This Section contains definitions for uses identified in the above Use Table and elsewhere within this zoning ordinance. The use definitions are mutually exclusive, which means that uses that are specifically defined shall not also be considered to be a part of a more general definition of a use type. An "Adult Bookstore", for example, shall not be considered a "Retail Sales and Service" use, since "Adult Bookstore" is a more specific definition of the use.
ADULT BOOKSTOREAn establishment having as a ten percent (10%) or more portion of its stock in trade, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
ADULT ENTERTAINMENT FACILITYAny building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape or film presentation), where the patrons either:
1. Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
2. Observe any live presentation, video tape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.
AGRICULTURAL PROCESSINGThe initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.
AGRICULTURAL SALES AND SERVICEAn establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.
AGRICULTURE, GENERALThe use of land for the production of livestock, dairy products, poultry or poultry products.
AGRICULTURE, LIMITEDThe use of land for the production of row crops, field crops, tree crops or timber.
AIRPORT OR AIRSTRIPAny public or privately owned or operated ground facility designed to accommodate landing and takeoff operations of aircraft, including all taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
ANIMAL CARE, GENERALA use providing animal care, veterinary services or boarding. See "ANIMAL CARE, LIMITED" and "KENNEL".
ANIMAL CARE, LIMITEDA use providing animal care, boarding and veterinary services for household pets, with no outside animal runs. See "ANIMAL CARE, GENERAL" and "Kennel".
ASPHALT OR CONCRETE PLANTAn establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.
ASSISTED LIVINGMulti-family dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, group housing, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.
AUDITORIUM OR STADIUMAn open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.
AUTOMATED TELLER MACHINE (ATM)A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. Automatic teller machines (ATM) located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.
BANK OR FINANCIAL INSTITUTIONEstablishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. "Banks and Financial Institutions" also include automated teller machines.
BAR OR TAVERNAn establishment in which the primary function is the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as cocktail lounges and nightclubs.
BASIC INDUSTRYAn establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include distilleries, pulp processing and paper products manufacturing; glass manufacturing; brick manufacturing; steel works; tanneries; acid manufacturing; cement, lime, gypsum, or plaster of Paris manufacturing; fertilizer or chemical manufacturing; and petroleum refineries.
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.
BED AND BREAKFASTA single-family dwelling, occupied as a permanent dwelling by the owner or manager of the bed and breakfast, in which lodging and meals are provided for time-limited durations to not more than four (4) groups of patrons in a twenty-four (24) hour period.
CAR WASHAn establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.
CEMETERYLand used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.
CLUB, PRIVATEAn establishment providing meeting, recreational, or social facilities for a private association, primarily for use by members and guests. Typical uses include private social clubs, lodges and fraternal organizations.
COMMUNICATION TOWERCommercial AM/FM radio, television, microwave and cellular telephone transmission towers and accessory equipment and buildings.
COMPOSTING FACILITYA facility that is designed and used for transforming food, yard wastes and other organic material into soil or fertilizer by biological decomposition.
CONSTRUCTION SALES AND SERVICEAn establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air-conditioning, and heating supply stores, swimming pool sales, construction contractors' storage yards and construction equipment rental establishments.
CONVALESCENT CAREAn establishment providing bed care and inpatient services for persons needing regular medical attention, but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services or communicable disease. Typical uses include nursing homes.
CORRECTIONAL FACILITYA facility providing housing and care for individuals confined for violations of law.
CULTURAL SERVICEA facility providing cultural and educational services to the public. Typical uses include museums, art museums, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.
DAY CAREAn establishment that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than twenty-four (24) hours per day. The term includes kindergartens, nursery schools and other similar programs regardless of auspices.
DAY CARE, COMMERCIALA day care establishment that provides care, protection and supervision for twenty (20) or more individuals at any one time, including those under the supervision or custody of the day care provider.
DAY CARE, GENERALA day care center that provides care, protection and supervision for eleven (11) to nineteen (19) individuals at any one time, including those under the supervision or custody of the day care provider.
DAY CARE, LIMITEDA day care center that provides care, protection and supervision for ten (10) or fewer individuals at any one time, including those under the supervision or custody of the day care provider.
DUPLEX, RESIDENTIALThe use of a single lot for two (2) dwelling units within a single building, other than a mobile home.
FREIGHT TERMINALA building or area in which freight brought by truck, rail or air is processed for continued shipment by truck, rail or air.
FUNERAL HOMEAn establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.
GAS AND FUEL SALES/STORAGEThe use of a site for bulk storage and distribution and sales of flammable liquid, gas or solid fuel, excluding below ground storage that is clearly ancillary to an allowed principal use on the site.
GOLF COURSEA facility providing private or public golf recreation services and support facilities. This definition shall exclude miniature golf courses and golf driving ranges except those that are clearly accessory uses. See "RECREATION AND ENTERTAINMENT, OUTDOOR".
GOVERNMENT SERVICEBuildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies and utility billing offices.
GROUP HOME, GENERALA facility providing twenty-four (24) hour care in a protected living environment for more than eight (8) persons with physical or mental disabilities and any number of care givers.
GROUP HOME, LIMITEDAny 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.
GROUP RESIDENTIALThe use of a site for occupancy by groups of more than five (5) persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, and boarding or lodging houses. The term "group residential" does not include "group homes".
HAZARDOUS OPERATIONActivities that present the potential for serious hazards to human life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.
HEALTH CLUBA facility where members or non-members use equipment or space for the purpose of physical exercise.
HELIPORT OR HELIPADAn area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.
HOSPITALAn institution that:
1. Offers service more intensive than those required for room, board, personal services and general nursing care;
2. Offers facilities and beds for use beyond twenty-four (24) hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and
3. Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.
HOTEL OR MOTELAn establishment used maintained or advertised as a place where sleeping accommodations are supplied for short-term rent to transient guests. Typical uses include hotels and motels.
KENNELBoarding, breeding or training facilities for three (3) or more dogs that are more than six (6) months of age, including dogs owned by the occupants of the property. See "ANIMAL CARE, GENERAL" and "ANIMAL CARE, LIMITED".
LANDFILLA disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris.
LAUNDRY SERVICEAn establishment that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pickup stations.
LIBRARYA publicly operated establishment housing a collection of books, magazines, audio and video tapes and other material for borrowing and use by the public.
MANUFACTURED HOME RESIDENTIAL-DESIGNA manufactured home, which due to its size and architectural elements, is consistent with the aesthetic appearance of a conventionally built residential neighborhood.
MANUFACTURED HOUSING UNITA transportable, factory-built structure that is manufactured in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974(42 U.S.C. Section
5401) and that is designed to be used as a single dwelling unit.
MANUFACTURING AND ASSEMBLYEstablishment engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding "Basic Industry".
MARINAA facility for the storage (wet or dry), launching and mooring of boats.
MASSAGE SHOPAn establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of 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 is reasonably expected that the person to whom the treatment is provided or some third (3rd) person on his/her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
MATERIALS RECOVERY FACILITYA facility in which source separated commingled recyclable materials, such as newspapers, glass, metals and plastic containers, are stored, flattened, crushed and/or bundled prior to shipment to others who will use those materials to manufacture new products.
MEDICAL SERVICEAn establishment providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, and the provision of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, chiropractors, osteopaths, optometrists; blood banks and medical laboratories.
MILITARY SERVICEA facility used or intended to be used by a branch of the U.S. Armed Forces, including military reserves.
MINING OR QUARRYINGThe extraction of metallic and non-metallic minerals, excluding oil or natural gas. Typical uses include sand and gravel pit operations, quarries and mines.
MOBILE HOME/MANUFACTURED HOUSING PARKAn area or tract of land where two (2) or more manufactured housing units, mobile homes or mobile home/manufactured housing spaces are rented or held out for rent.
MOBILE HOMEA transportable, factory-built structure that was manufactured prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section
5401) and that is designed to be used as a single-dwelling unit.
MOBILE HOME SALESAn establishment primarily engaged in the display and sale of mobile homes or manufactured housing units.
MODELING STUDIOAn establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.
MODULAR HOMEA manufactured residential structure built to a nationally recognized and accepted construction standard published by the International Code Council and the unit is inspected and certified at the factory that it meets said standard. A modular home shall have exterior structure materials and appearance similar to the customary single-family structures in the neighborhood and shall be permanently situated on a concrete foundation.
MULTI-FAMILY RESIDENTIALThe use of a site for three (3) or more dwelling units within a single building. Typical uses include triplexes, four-plexes, apartments and residential condominiums.
OFFICE, GENERALAn establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.
PARKING LOT, COMMERCIALAn area used or intended to be used for the off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.
PARKS AND RECREATIONA park, playground or community facility owned by or under the control of a public agency or homeowner's association, that provides opportunities for active or passive recreational activities.
POST OFFICEA facility used for the collection, sorting and distribution of U.S. mail among several zip code areas and having limited retail services for the public, such as the sale of stamps, postcards and postal insurance.
PRINTING AND PUBLISHINGThe production of books, magazines, newspapers and other printed matter, and record pressing and publishing, engraving and photoengraving, but excluding businesses involved solely in retail photocopying, reproduction, photo developing or blueprinting services. See "RETAIL SALES AND SERVICE".
RECREATION AND ENTERTAINMENT, INDOORAn establishment offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and video game arcades.
RECREATION AND ENTERTAINMENT, OUTDOORAn establishment offering recreation, entertainment or games of skill to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters and miniature golf course.
RECREATION AND ENTERTAINMENT, OUTDOOR — RURAL RECREATION SPECIAL EVENTSAn establishment offering recreation and entertainment to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include hayrides, bonfires, picnics, weddings, chuck wagon cookouts, horseback riding and sleigh rides but not limited to. Excludes motorized activities.
RECREATIONAL VEHICLE PARKLand used or intended to be used for occupancy by recreational vehicles for transient living purposes, including the use of camping spaces for tents.
RECYCLINGThe return of municipal solid waste items, most notably, glass, paper, aluminum, steel, other metals, motor oil, yard waste and plastics, for reuse or remanufacture as a usable product.
RECYCLING COLLECTION CENTERA building and/or site, with more than one thousand (1,000) square feet in area, in which source separated recoverable materials such as newspapers, glassware and metal cans are collected, stored, flattened, crushed or bundled prior to shipment to others who will use those materials to manufacture new products. The materials are stored on site in bins or trailers for shipment to market.
RELIGIOUS ASSEMBLYA site used by a bona fide religious group primarily or exclusively for religious worship and related religious services, including a place of worship, retreat site or religious camp.
REPAIR SERVICEAn establishment primarily engaged in the provision of repair services to individuals and households, but excluding "vehicle repair" services. Typical uses include appliance repair shops.
RESEARCH SERVICEAn establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations.
RESTAURANT, FAST-FOODAn establishment primarily engaged in the sale of food and non-alcoholic beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle.
RESTAURANT, GENERALAn establishment where the principal business is the sale of food and beverages in a ready-to-consume state.
RETAIL SALES AND SERVICEAn establishment engaged in the sale or rental of goods and services, excluding uses more specifically defined.
SAFETY SERVICEA facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.
SALVAGE YARDA lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition; or for the sale of parts thereof. Typical uses include automobile salvage yards and junkyards.
SERVICE STATIONAn establishment primarily engaged in the retail sale of gasoline or other motor fuels, along with accessory activities such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, and the minor adjustment or repair of motor vehicles.
SHOOTING RANGEAn outdoor facility used or intended to be used for the discharge of firearms at targets.
SINGLE-FAMILY RESIDENTIAL, ATTACHEDThe use of a site for two (2) or more dwelling units that are constructed with common or abutting walls and with each dwelling unit located on its own separate lot. Typical uses include town houses and twinhomes.
SINGLE-FAMILY RESIDENTIAL, DETACHEDThe use of a lot for only one (1) principal dwelling unit that is not connected to any other dwelling unit. This definition shall include, as defined by these regulations, "manufactured homes — residential design" and "modular homes" but shall exclude "mobile homes".
SOLID WASTE COLLECTION/PROCESSINGRecycling collection centers, incinerators, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where municipal solid wastes are salvaged, sorted, processed or treated.
SOLID WASTE TRANSFER STATIONA facility where solid waste or recyclable material is transferred from collection vehicles (some sorting may occur) to long distance hauling vehicles for transportation to a central solid waste management facility for processing, disposal, incineration or resource recovery.
SOURCE SEPARATIONMaterials that are separated from the municipal solid waste stream at the point of origin for the purpose of recycling. For example, households separating paper, glass and aluminum from the rest of the solid waste.
SPECIFIED SEXUAL ACTIVITIES1. Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;
2. Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
3. Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
STOCKYARDA non-farm-based facility used or intended to be used for selling or holding livestock.
STUDIO, TELEVISION OR FILMAn establishment primarily engaged in the provision of recording or broadcasting services accomplished through the use of electronic mechanisms.
TOWN HOUSEA dwelling unit located in a group of three (3) or more attached town house dwelling units with no other dwelling unit located above or below another and with each dwelling unit having at least one (1) interior common wall and a private exterior entrance.
TRANSIT FACILITYA facility used or intended to be used as an area for loading, unloading and interchange of transit passengers. Typical uses include bus terminals, rail stations and passenger- related mass transit facilities.
TRANSITIONAL LIVING CENTERState licensed group-care homes for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse.
TWINHOMEThe use of a site for two (2) dwelling units that are constructed with common or abutting walls and with each dwelling unit located on its own separate lot. Twinhomes are often created by subdividing a single duplex into two (2) separate lots each of which contains one (1) dwelling unit.
UTILITY, MAJORGenerating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities or other uses defined in this Section.
UTILITY, MINORServices and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.
VEHICLE AND EQUIPMENT SALESAn establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance activities. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving trailer rental, and farm equipment and machinery sales and rental.
VEHICLE/EQUIPMENT STORAGE YARDAn outdoor area used or intended to be used for long-term storage of vehicles and equipment, other than a "commercial parking lot" or accessory parking to a principal use.
VEHICLE REPAIR, GENERALAn establishment primarily engaged in painting of or body work to motor vehicles or heavy equipment. Typical uses include paint and body shops.
VEHICLE REPAIR, LIMITEDA use providing automobile repair or maintenance services within completely enclosed buildings, but not including "general vehicle repair" services.
VOCATIONAL SCHOOLA use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "school".
WAREHOUSE, RESIDENTIAL STORAGEAn enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for dead storage of their household goods or personal property.
WAREHOUSING AND WHOLESALEAn establishment primarily engaged in the storage or sales of materials, equipment, or products or sales to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities, but excluding "residential storage warehouses" and sales of goods to the general public.
WELDING OR MACHINE SHOPA workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine shops, welding shops and sheet metal shops.