For the purpose of these regulations words used in the present tense shall include the future tenses; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter:

Accessory building, structure or use. A subordinate use, or building or a portion of the primary building located on the same lot occupied by the primary use or building and which meets the following additional requirements: (1) is clearly subordinate to the primary use of the property, (2) serves only to further the successful utilization of the primary use, (3) is customarily found in conjunction with the primary use, and (4) is a reasonably necessary incident to the primary use.

Administer, medical marijuana. the direct application of marijuana to a qualifying patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:

1.

Ingestion of capsules, teas, oils, and other marijuana-infused products;

2.

Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;

3.

Application of ointments or balms;

4.

Transdermal patches and suppositories;

5.

Consuming marijuana-infused food products; or

6.

Any other method recommended by a qualifying patient's physician as authorized by Article XIV, Section 1 of the Missouri Constitution.

Alley. A way which affords only a secondary means of access to property abutting thereon, or which is less than 15 feet wide.

Apartment. A room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are three or more such rooms or suites.

Automobile service. The equipping, servicing, repairing, hiring, selling or storing of motor-driven vehicles.

Boardinghouse. A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three or more persons.

Building. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building, height of. The vertical distance from the grade to the highest point of the coping of the 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.

Cellar. A story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

Child day-care facility. A house or other place conducted or maintained by any person who advertises or holds himself out as providing care for more than four persons during the daytime, for compensation or otherwise, except those operated by a school system, but a child day-care facility shall not include an elementary or secondary school, a religious organization academic preschool or kindergarten, or a home school.

Church. A building, including, but not limited to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary, or other facility wherein persons regularly assemble for religious worship maintained and controlled by a religious body having a principal use of religious worship or the offering of religious services of any denomination.

City. The City of St. Clair, Missouri.

Commercial vehicle. Any licensed or unlicensed motor vehicle designed, maintained or used, and licensed or outwardly identifiable as such, to primarily to carry passengers, freight, and/or merchandise for financial gain. A commercial vehicle shall include, but not be limited to the following: tow truck, stake-bed truck, flat-bet truck, step van, refuse or garbage truck, bus, plow, heavy equipment designed for hauling or other construction purposes or special purpose vehicle in excess of 12,000 pounds or ten feet in length, and any attachments thereof.

Commission. The Planning and Zoning Commission of St. Clair, Missouri.

Comprehensive plan. The declaration of purposes, policies and programs for the development of St. Clair, adopted by the Commission.

Conditional use. A use allowed in the particular zoning district upon the issuance of a conditional use permit by the board of aldermen in accordance with the provisions of this chapter.

Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners;

Department. The Missouri Department of Health and Senior Services, or its successor agency.

District. A section or sections of the City of St. Clair for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dwelling. Any building or portion thereof which is designed for or used exclusively for residential purposes, including modular homes, boarding and lodging houses, apartments, or manufactured homes, but not motels or hotels. Shipping container homes and self-service storage facilities shall not be considered or used as dwellings.

Dwelling unit. A room or group of rooms located within a dwelling forming a habitable unit for one family.

Dwelling, mixed-use. A dwelling that is located in the same building as a nonresidential use (but not including an accessory use).

Dwelling, single-family. A building designed for or occupied by one family. Single-family dwelling or single-family residence shall include, but not be limited to, group homes and foster homes to the extent required by applicable law.

Dwelling, two-family. A building designed for or occupied exclusively by two families.

Dwelling, multi-family. A building designed for or occupied exclusively by more than two families.

Elementary school. A public, private, religious or parochial school giving instruction in a grade or grades not lower than pre-school nor higher than the eighth grade.

Entity. A natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.

Family. A group of one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boardinghouse, lodging house or hotel as herein defined.

Filling station. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels or energy, oils or accessories, including only as an accessory use the 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.

Flowering plant, marijuana. A Marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

Foster 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, marriage or adoption.

Frontage. The distance of the front lot line measured at the abutting property line.

Garage, private. An accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Grade.

(a)

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(b)

For buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets.

(c)

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk exists the grade shall be established by the city engineer.

Group home. A permitted form of single-family residential occupancy in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, subject to such requirements consistent with RSMo. 89.020.

Home occupation. Any occupation or activity which is subordinate and incidental to the use of the dwelling for residential purposes and which is carried on wholly within the primary building by a member or members of a family residing on the premises.

Hotel. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boardinghouse, a lodging house, or an apartment which are herein separately defined.

Indoor shooting range. A facility which meets all state and federal requirements for the discharge of firearms within a building.

Institution. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Laundromat. A business that provides home-type washing, drying or ironing machines for hire to be used by customer on the premises.

Loading space. A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

Lodging house. A building other than a hotel where lodging only is provided for three or more but not more than 20 persons.

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

Lot, corner. A lot situated at the junction of two or more streets.

Lot area. The area of horizontal plane bounded by the vertical planes through front, rear and side lot lines.

Lot line. The property boundary line of any lot. The derivations or modifications of lot Line shall maintain the following definitions.

Lot line, front. The lot line abutting a street or private street. in the case of a corner lot, the front lot line shall be the lot line abutting the street in which front door to the main building is oriented or based on existing or approved addressing of the lot. In the case of a through lot (double-frontage), the front lot line shall be the lot line abutting the street that provides vehicular access to the lot or toward which the front door to the main building on the lot is oriented.

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

Lot line, side. Any lot line that intersects the front lot line. a side lot line shall include any linked line segments or arcs that have a bearing which is within 45 degrees of a line drawn perpendicular to the front lot line.

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

Manufactured home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Each manufactured home must meet the minimum standards of RSMo ch. 700 and those regulations relating to manufactured homes as adopted by the Missouri Public Service Commission and evidenced by a seal issued by the Public Service Commission or equivalent standards such as the standards established under Title 42 of the United States Code. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.

Manufacturer, medical marijuana. Every person, partnership, firm, corporation, association, limited liability company, or other legal entity engaged in the cultivation of a product or material, or in treating, processing treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the utility value, or appearance of commodities and other personal property, whether done on order or for sale upon expected or anticipated demand or orders for the manufactured goods. Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities are "light/heavy industrial/manufacturing" uses for purposes of this Zoning Code.

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-infused products. Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

Medical marijuana use. A medical marijuana use shall be defined as any of the following herein defined entities:

A)

Medical marijuana cultivation facility

B)

Medical marijuana dispensary

C)

Medical marijuana-infused products manufacturing facility

D)

Medical marijuana testing facility

E)

Medical marijuana transportation facility

F)

Any other entity currently or hereafter included in and regulated by Article XIV, Section 1 of the Missouri Constitution

Medical marijuana cultivation. As related to activity authorized pursuant to Article XIV, Section 1 of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.

Medical marijuana cultivation facility. A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility.

Medical marijuana cultivation identification card. An additional, separate, or enhanced identification card issued by the State of Missouri allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by the department, only to the extent authorized by applicable law.

Medical marijuana dispensary facility. A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri solely pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, medical marijuana transportation facility, or a medical marijuana-infused products manufacturing facility.

Medical marijuana-infused products manufacturing facility. A facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, medical marijuana transportation facility, or to another medical marijuana-infused products manufacturing facility.

Medical marijuana, medical use. The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.

Medical marijuana testing facility. A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

Medical marijuana transportation facility. A facility certified by the State of Missouri to store and transport marijuana.

Mixed use building. A building with both residential uses and nonresidential uses.

Mobile home. A transportable, factory-built home designed to be used as a residential Dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Modular home. A building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, that is constructed with conventional floor joist or trusses, does not include a permanent chassis, is of closed or open construction, and is made or assembled by a manufacturer, off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation. For purposes of this appendix, a modular home is a dwelling permitted in any district that permits single-family or two-family or multi-family dwellings.

Motel. A building or group of buildings used primarily for the temporary residence of motorists or travelers.

Nonconforming use. A use that lawfully occupied a building or land at the time this Appendix or any amendment thereto became effective and which fails to conform to one or more of the applicable regulations in this appendix or amendment thereto.

Non-retail medical marijuana facilities. A non-retail medical marijuana facility shall be defined as any of the following herein defined entities:

A)

Medical marijuana cultivation facility

B)

Medical marijuana-infused products manufacturing facility

C)

Medical marijuana testing facility

D)

Medical marijuana transportation facility

E)

Any other entity currently or hereafter included in and regulated by Article XIV, Section 1 of the Missouri Constitution

Nursing homes. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept and provided with food or shelter and care for compensation but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

Parking area. An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

Parking lot. An open surfaced area used exclusively for the temporary storage of motor vehicles but no vehicles may be equipped, repaired, rented or sold.

Parking space. A surfaced area, enclosed in the main building or in an accessory building, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

Person. A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

Physician. An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.

Physician certification. A document, whether handwritten, electronic or in another commonly used format, signed by a physician and stating that, in the physician's professional opinion, the patient suffers from a qualifying medical condition as defined in Missouri State law.

Primary caregiver. An individual 21 years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such under the rules and regulations of the department and possesses a department issued primary caregiver or primary caregiver cultivation identification card.

Qualifying patient. A Missouri resident diagnosed with at least one qualifying medical condition as defined in Missouri State law and possessing a department issued qualifying patient or qualifying patient cultivation identification card.

Secondary school. A public, private, religious or parochial school giving instruction in a grade or grades not lower than the sixth nor higher than the twelfth grade.

Self-service storage facility. A building or group of buildings with controlled access that contains individualized, compartmentalized, and controlled access stalls or lockers for the storage of customers' property, merchandise, goods or wares. No commercial transactions shall be permitted in self-service storage facilities except for the rental of the storage units or incidental sales of materials relating thereto.

Setback. The minimum amount of space required between a lot line and a building line.

Setback line or building line. See "Yard requirement(s)".

Shed. An accessory building or other construction whether permanently located on or affixed to the ground or not, designed to store property or protect from the elements or loss. Generally speaking, a shed is an accessory building that is 120 square feet in floor area or less, and ten feet in height or less. Accessory buildings that exceed these dimensions are generally considered detached garages.

Shipping container home. A building used for permanent or temporary human occupancy, including but not limited to, living, sleeping or other residential uses, composed of one or several conjoined and/or stacked prefabricated metal containers formerly used as an enclosed shipping container for over-ocean, over-road and/or over-rail shipment of bulk goods.

Story. The horizontal segment of a building between the floor surface and the ceiling next above it and wholly above grade.

Storage yard. The outdoor storage of vehicles, equipment or materials.

Street. A public or private thoroughfare which affords the principal means of access to abutting property.

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street.

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.

Subdivision. The division of a parcel of land into two or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Temporary concession structure. A fully enclosed mobile unit, either motorized, trailer, or cart, used for individual retail sales operations meeting all federal, state, county and public health and safety regulations and requirements.

Trailer camp. An area where one or more tents or auto trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities of one or more families and intended primarily for automobile transients.

Trailer. A portable structure supported by wheels, jacks, horses, skids or blocks without permanent foundation that is towed or hauled by another vehicle used for temporary human occupancy, to carry materials, goods or objects; or use as a temporary office.

Yard. An open space 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 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 the rear yard, the least horizontal distance between the lot line and the main building shall be used.

Yard requirement(s) (also sometimes called "setback(s)" or "setback requirement(s)"). A line parallel to the respective lot line and internal to the lot that defines the required building setback as specified in the zoning district regulations. The derivations of yard or setback line shall maintain the following definitions:

1.

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

2.

Yard, rear. A yard between the rear lot line of the main building and the side lot lines.

3.

Yard, side. A yard between the main building and the adjacent side lot lines and extending entirely from the front yard to the rear yard thereof.

Zoning code administrator. The Building Inspector of St. Clair, Missouri.

Zoning map. The Official Zoning District Map of St. Clair, Missouri, such map being located in the office of the city clerk.

(Ord. No. 1970, § 2, 6-17-19; Ord. No. 1992, §§ 1, 2, 2-18-20)