For the purposes of this Chapter, certain terms and words are hereby defined as follows:
ABUTTINGTo have a common zoning district boundary or zoning lot boundary. For the purposes of this Chapter, a zoning lot line shall be considered to abut a zoning district line even though it may be separated therefrom by a street, parkway, sidewalk, public way, alley waterway, railroad right-of-way or portion thereof. "Adjacent", "adjoining" and "contiguous" shall have the same meaning as "abutting".
ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.
ACCESSORY USEA use customarily incidental, subordinate to, and located on the same lot as the principal use.
ADULT-ORIENTED BUSINESS, BOOKSTORE, VIDEO STORE OR PEEP SHOWA business establishment which, as its principal purposes, offers for sale, rental, display or viewing for any form of consideration any one (1) or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, computer disks, or other visual representations which depict or describe acts of sexual conduct or persons in a state of nudity or semi-nudity.
2. Instruments, devices, or paraphernalia which are designed for use in connection with acts of sexual conduct.
3. Business establishment where for any form of consideration, films, motion pictures, videocassettes, slides, computer disks, or similar photographic reproductions are regularly shown which are characterized by the depiction of acts of sexual conduct or persons in a state of nudity or semi-nudity.
4. A business establishment where for any form of consideration dancing or viewing of live nude or semi-nude men or women is conducted.
5. Such uses as described above shall not be considered adult for the purpose of being required to locate within an industrial zoning district if all of the following criteria are met:
a. The sale of merchandise depicting or describing acts of sexual conduct or persons in a state of nudity or semi-nudity is an accessory use to a non-adult-oriented business.
b. All merchandise depicting or describing acts of sexual conduct or persons in a state of nudity or semi-nudity is packaged for sale and use off of the premises with no adult-oriented activity taking place on the premises.
c. The area in which merchandise depicting or describing acts of sexual conduct or persons in a state of nudity or semi-nudity is located is completely screened from public view and occupies no more than twenty-five percent (25%) of the general sales area of the business.
AGRICULTURAL CROPAny plant, vegetable, fruit, or crop product that can be grown and harvested for human or animal consumption and used for commercial purposes.
AGRICULTURAL USEThe growing of crops or the raising of livestock or poultry in such a manner that they are incidental to the acreage farmed, provided however, that such land shall consist of at least ten (10) acres in one (1) parcel or in continuous parcels under common ownership or operation. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall the raising of fur-bearing animals, riding academies, livery or boarding stables or animal shelters be so considered.
ALL-TERRAIN VEHICLEAny motorized vehicle manufactured and used exclusively for off-highway use which is fifty (50) inches or less in width, with an unladen dry weight of one thousand five hundred (1,500) pounds or less, traveling on three (3), four (4) or more non-highway tires, with a seat designed to be straddled by the operator, or with a seat designed to carry more than one (1) person and handlebars for steering control.
ALLEYA minor right-of-way dedicated to public use which gives a secondary means of vehicular access to back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
ALTERATIONAs applied to a building or structure means a change or rearrangement in the structural parts; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
APARTMENTA room or suite of rooms within a building, provided with separate cooking facilities and intended as a single-dwelling unit.
ANTENNACommunications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
BAR/TAVERNA place of business where people gather to drink alcoholic beverages; food service may also be provided.
BASEMENTThat portion of the building which is completely below ground or which is partly above and partly below ground, but having more than one-half (1/2) of its height below grade. (See "CELLAR")
BASE STATIONA station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics, and includes a structure that currently supports or houses an antenna, a transceiver, coaxial cables, power supplies, or other associated equipment.
BICYCLE PATHA paved area a minimum of six (6) feet in width designed specifically for the movement of pedestrians and non-motorized cyclists.
BLOCKA parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad right-of-way, public walks, parks or green strips, rural land or drainage channels or a combination thereof.
BOARDING HOUSEA residential unit which includes the rental and/or use of rooms or spaces within the unit by persons that are not part of or affiliated with the owner or the family unit that primarily resides within the unit.
BOARD OF ADJUSTMENTA body of persons which may determine and vary this Chapter in accordance with the rules contained within the Board of Adjustment Section of this Chapter.
BOATAll types of boats designed to be used in or on water, plus the normal equipment to transport the same on the highway.
BODY PIERCINGThe perforation of human tissue other than an ear for a non-medical purpose.
BREW PUBA pub or restaurant that brews beer primarily for consumption on the premises.
BUILDINGAny structure used or intended for supporting or housing any use or occupancy.
BUILDING, ACCESSORYA building customarily incidental, subordinate to and located on the same lot with the main building. Any building that is customarily incidental to an agricultural use is an accessory building, even though it may not be located in the same immediate area as the main building. Accessory buildings shall not be inhabited as a living unit.
BUILDING, HEIGHT OFThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable hip and gambrel roofs.
BUILDING LINEA line parallel to the street right-of-way line beyond which a building shall not extend closer to the street.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, TEMPORARYAny building not designed to be permanently located at the place where it is or where it is intended to be temporarily placed or affixed.
CAMOUFLAGEDAny wireless support structure that is designed to blend into the surrounding environment. Examples include wireless support structures which are made to look like trees, light poles, or flagpoles.
CASH SALE PRICEThe price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle which is the subject matter of the retail installment contract, if the sale had been a sale for cash or at a cash price instead of a retail installment transaction at a time sale price. The cash sale price may include any taxes, registration, certificate of title, license and other fees and charges for accessories and their installment and for delivery, servicing, repairing or improving the motor vehicle.
CELLARThat portion of the building which is partly or completely below grade and having an external entrance only. (See "BASEMENT")
CHILDAn individual who is under the age of seventeen (17), and the word "children" means and includes more than one (1) such individual. (See "DAY CARE")
COLLOCATIONThe placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.
COMMERCIALA business whose principal purpose is designed for profit.
COMMERCIAL VEHICLE1. Any licensed motor vehicle, truck, or bus designed to carry passengers, freight, and/or merchandise for the purpose of this Chapter; said vehicle shall be a vehicle licensed by the State at a gross vehicular weight in excess of twelve thousand (12,000) pounds or in any case exceeding twenty-four (24) feet in length; or
2. Any licensed motor vehicle, truck, or bus designed to carry passengers, freight, and/or merchandise including any vehicle larger than a standard full size passenger/conversion van or one-half (1/2) ton pickup truck. Commercial vehicles shall include but not be limited to "panel" delivery trucks, "cube trucks", dump trucks, street cleaners, or other vehicles/equipment typically designed for delivery, hauling, or construction purposes.
3. Standard size passenger vans and pickup trucks used for commercial purposes shall be maintained in an orderly fashion with all materials, equipment, and accessories screened from public view. Ladders shall be exempt from such screening requirements.
COMMISSIONThe Planning and Zoning Commission of the City of St. Peters.
COMMON LAND OR GROUNDThat land set aside for open space or recreational use for the owners of the residential lots in a subdivision and which is transferred by the developer in fee simple absolute title by a deed or instrument of dedication or conveyance to trustees whose trust indenture shall provide that common land be used for the sole benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot. Common ground shall not be construed to mean public open space. (See "OPEN SPACE, PUBLIC.")
COMPREHENSIVE PLANA long-range master plan for area development including studies of land use, traffic volume and flow, schools, parks, and other public buildings and as defined by the Missouri State Statutes.
CONDOMINIUMA form of ownership in which the interior space of a living unit is held by an individual owner, with all individual owners sharing in the ownership of common areas.
CORRECTIONAL INSTITUTIONA generic term describing prisons, jails, reformatories and other places of correction and detention.
DAY CARECare of a child away from his/her own home for any part of the twenty-four (24) hour day, for compensation or otherwise. Day care is a voluntary supplement to parent responsibility for the child's protection, development and supervision. Day care may be given in a day care home or a day care center.
DAY CARE CENTERA facility other than the provider's living quarters, where care is provided for children for any part of the twenty-four (24) hour day.
DAY CARE FACILITYA day care home or a day care center, whether known or incorporated under another title or name.
DAY CARE FACILITY, ADULTThe care of an adult away from his/her own home for any part of the twenty-four (24) hour day, for compensation or otherwise. Day care is a voluntary supplement to the person's regular home activities and/or a designated guardian's responsibility for the person's protection, development, and supervision. Day care may be given in a day care home or day care center subject to any applicable regulations or approvals.
DAY CARE HOMEA family home, occupied as a permanent residence by the day care provider, conducted or maintained by any person who advertises or holds himself/herself out as providing care for less than five (5) children or adults during the daytime, and in which family-like care is given and who are not related to the day care provider, for any part of the twenty-four (24) hour day. Related persons that are cared for by the day care provider who do not reside in the day care home shall be counted towards the maximum permitted number of persons.
DEDICATIONThe allocation of land within the development for the park/bike trail and open space enjoyment of the residents of the City or the residents of the development.
DENSITYThe number of dwelling units located on an acre of land, in which the land area excludes all but that land devoted to living facilities, the accessory uses thereon, and the required open space thereon.
DENSITY, GROSSThe ratio between the total number of dwelling units on a zoning lot and the total zoning lot area measured in acres — result being the number of dwelling units per gross acre.
DENSITY, NETThe ratio between the total number of dwelling units on a zoning lot and that portion of the zoning lot upon which the dwelling units are actually located or proposed — the result being the number of dwelling units per net acre. In determining net density, all land area associated with and accessory to the dwelling unit, including private streets and driveways, off-street parking facilities and common open space and recreational facilities, shall be included in the calculation. Net density calculations exclude rights-of-way of publicly dedicated streets and non-residential structures, land uses and accessory facilities.
DEVELOPERAny individual, firm or corporation by whom a tract will be subdivided into not less than two (2) parcels or lots and/or improved to the requirements of the Chapter.
DEVELOPMENTThe act of changing as well as the state of a tract of land after its function has been purposely changed by man, including, but not limited to, structures on the land and alterations to the land.
DUMPA lot or land or part thereof used primarily for the disposal of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind by abandonment, dumping, burial, burning, or by any other means.
DWELLING, ATTACHEDA dwelling joined to two (2) other dwellings by party walls, or vertical cavity walls, and above ground physically unifying horizontal structural elements.
DWELLING, DETACHEDA dwelling which is surrounded on all sides by open spaces on the same zoning lot.
DWELLING, SINGLE-FAMILYA detached building containing one (1) dwelling unit, provided however, notwithstanding any other provision of this Code to the contrary, for purposes of this Chapter a group home shall be included within the definition of a single-family dwelling.
DWELLING, TWO-FAMILYA building designed exclusively for occupancy by two (2) families living independently of each other, including a duplex (one (1) dwelling unit above the other), or a semi-detached dwelling (one (1) dwelling unit beside the other).
DWELLING, TOWN HOUSEA building containing three (3) or more dwelling units having no common entrances or hallways with each dwelling unit having a front and rear entrance.
DWELLING UNITA room or group of rooms occupied or intended to be occupied as separate living quarters by a family.
EAR PIERCINGThe perforation of the ear for a non-medical purpose.
EASEMENT, UTILITYA grant by a property owner to a municipal utility, corporation or person engaged in the operation of an enterprise regulated by the Missouri Public Service Commission for the purpose of installation, improvement and maintenance of public utilities.
EFFICIENCY UNITA dwelling unit consisting of one (1) room exclusive of bathroom, hallway, closets or dining alcove directly off the principal room.
ELECTRICAL TRANSMISSION TOWERAn electrical transmission structure used to support high-voltage overhead power lines. The term shall not include any utility pole.
ELIGIBLE FACILITIES REQUESTAny request for modification of an existing structure or base station that involves:
1. Collocation, as defined herein;
2. Removal of accessory equipment; or
3. Replacement of wireless facilities.
EQUIPMENT COMPOUNDAn area surrounding or near a wireless support structure within which are located wireless facilities.
EQUIPMENT, HEAVYHeavy equipment refers to heavy-duty vehicles, equipment, or tools, specially designed for executing construction tasks, landscape projects, or commercial lawn mowing, most frequently ones involving earthwork operations; equipment not typically found in a residential setting. They are also known as heavy machines, heavy trucks, construction equipment, engineering equipment, heavy vehicles, or heavy hydraulics.
EXISTING STRUCTUREA structure that exists at the time a request to place wireless facilities on a structure is filed with the Administrative Officer. The term includes any structure that is capable of supporting the attachment of wireless facilities in compliance with the building permit requirements in Title V of the Municipal Code of the City of St. Peters, Chapter
510 of the Municipal Code of the City of St. Peters, and recognized industry standards for structural safety, capacity, reliability, and engineering, including, but not limited to, towers, buildings, and water towers. The term shall not include any utility pole.
FAMILYOne (1) or more persons related by blood, marriage, adoption, guardianship or duly authorized custodial relationship or two (2) unrelated people and any children related to or legally cared for by either of them.
FARMA tract of land having thereon an agricultural use.
FARM EQUIPMENTEquipment used in farming operations, including, but not limited to, tractors, plows, planters, pickers, milking machines, harvesters, cultivators, combine harvesters, and combines.
FILLING STATION, PUBLIC GASOLINEAny area of land, including any structure or structures thereon that is or are used or designed to be used primarily for the supply of gasoline or oil or other fuel for the propulsion of vehicles.
FIREARMAny weapon that is designed or adapted to expel a projectile by the action of an explosive.
FLOOD INSURANCE STUDYAn official report provided by the Federal Insurance Administration containing flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
FLOOR AREAThe sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
FRONTAGEAll property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the right-of-way line of the street, or if the street is dead-ended, then all the property abutting on one (1) side between an intersecting street and the dead-end of the street.
FULLY OPAQUE COVERINGNon-transparent clothing or other similar object or substance. This term does not include body paint, body dyes, body art, liquid latex, whether wet or dried, and other similar substances.
GARAGE, PRIVATEAn enclosed space for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one (1) car is leased to a non-resident of the premises.
GARAGE, PUBLICAny garage that is not classified as a private garage and is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. However, a "public garage" shall not be used for the storage of dismantled motor vehicles or junk cars.
GAS PIPELINEA pipeline designed for the transmission of a gas or petroleum gas, except a service line, as those terms are defined by Title 49, Code of Federal Regulations, Section 192.3.
GRADE, FINISHEDThe elevation of the surrounding ground after landscaping has been completed.
GRADE, ROAD, SEWERSIn the slope of a road specified in percent and shown on road profile plan as required herein.
GREEN BELTA visual barrier composed of evergreen plants, trees, and grass arranged to form both a low level and a high level screen.
GROUP HOMEAny home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
HAZARDOUS LIQUID PIPELINEA pipeline designed for the transmission of a hazardous liquid as defined by Title 49, Code of Federal Regulations, Section 195.2.
HEREAFTERAfter the time this Chapter becomes effective.
HERETOFOREBefore the time this Chapter became effective.
HOME-BASED WORKAny lawful occupation performed by a resident within a dwelling unit or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.
HOSPITALA building used for the diagnosis, treatment or other care of human ailments and having room facilities for overnight medical patients, a staff of physicians and nurses, surgical facilities, and other related services.
HOUSEHOLD UNITOne (1) or more persons related by blood, marriage, adoption, guardianship or duly authorized custodial relationship or two (2) unrelated people and any children related to or legally cared for by either of them.
IMPROVEMENTSGrading, sanitary and storm sewer, water mains, pavements, curbs and gutters, sidewalks, road signs, lights, trees and other appropriate improvements required to render land suitable for the use proposed.
JUNK YARDA lot, land or structure, or part thereof, used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
KENNELThe use of land or buildings for the purpose of breeding, boarding, or training dogs or cats; or the keeping of four (4) or more dogs over six (6) months of age, or the keeping of four (4) or more cats over six (6) months of age, or the keeping of a total of four (4) adult dogs or adult cats.
In addition to the three (3) permitted pet units, a residential structure or lot may contain two (2) additional pets that are being fostered. To be recognized as a fostered pet the animal must be obtained from an animal shelter registered by the Missouri Department of Agriculture through the Animal Care Facilities Act. |
A litter of puppies or a litter of kittens are exempted from the pet limit calculation until the pets reach the age of four (4) months. Only one (1) litter of either puppies or kittens is exempted from the pet limit calculation at any time. |
A residence that has been issued a Domestic Animal Avocation Permit, per Section 205.010 of the City Code, shall be subject to the limits and regulations outlined in Section 205.070 — 205.115 of the City Code. |
INDOOR — A facility where the primary holding pens for the animal and all associated noise, odors, and other activities associated with the business are primarily contained within a closed building. |
OUTDOOR — A facility where the primary holding pens for the animal may be either inside or outside of a closed building. "Primary holding pens" shall include, but not be limited to, fenced pens, outside runs, and training areas. |
LOADING SPACEAn off-street space on the same lot with the building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
LODGING ESTABLISHMENTAny building, group of buildings, structure, facility, place, or places of business where five (5) or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests.
LOTLand occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by this Chapter, and having its principal frontage upon a street, or a place approved by the Commission.
LOT, AREAThe total horizontal surface area within the boundaries of a lot exclusive of any area designated for street purposes.
LOT, CORNERA lot, or portion thereof, situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five degrees (135°).
LOT, DEPTHThe average distances between the front and rear lot lines.
LOT LINE, FRONTThe line separating the lot from the right-of-way of the street on which it fronts.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT OF RECORDA lot shown upon a plat or on a deed recorded in the office of the Recorder of Deeds of St. Charles County, Missouri.
LOT, THROUGHA lot other than a corner lot which has a street on two (2) opposite sides of the lot.
LOT WIDTHThe horizontal distance between side lot lines, measured at right angles to the lot depth at the building lines.
MAJOR STREET PLANThe official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, recommended by the Planning and Zoning Commission and adopted by the Board of Aldermen.
MANUFACTURERAny person engaged in the manufacturing, assembling or modification of new motor vehicles or trailers as a regular business, including a person, partnership or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of new motor vehicles or accessories for motor vehicles.
MICROBREWERYA business establishment where the manufacturing of beverages, food sales, beverage sales, and on-site food and beverage service occurs on a regular basis. Public viewing of the beverage manufacturing may be a component of these operations.
MOBILE HOME OR HOUSE TRAILERAny structure used for living or sleeping purposes, and which has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place.
MOBILE/MODULAR HOME PARKAny area, tract, site or plot of land not less than ten (10) acres in total area whereupon mobile/modular homes as herein defined are placed or located and intended to be used, let, leased, rented or sold for dwelling purposes.
MOBILE/MODULAR HOME SPACEA plot of ground within a mobile/modular home park which is designed for and designated as the location for one (1) mobile/modular home and not used for any other purposes whatsoever other than the customarily accessory uses thereof.
MOBILE STATIONA radio-communication station capable of being moved and which ordinarily does move.
MODULAR UNITA transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
MORTUARYA building where a dead person is prepared to be buried or cremated, and where visitations of the body and celebrations of a dead person's life may be held.
MOTOR VEHICLEAny self-propelled vehicle not operated exclusively upon tracks, except farm tractors.
MOTOR VEHICLE DEALERAny person who, for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of motor vehicles or trailers, whether or not the motor vehicles or trailers are owned by such person; provided however, an individual auctioneer or auction conducted by an auctioneer licensed pursuant to Chapter 343, RSMo., shall not be included within the definition of a motor vehicle dealer. The sale of six (6) or more motor vehicles or trailers in any calendar year shall be evidence that such person is engaged in the motor vehicle dealer business.
MOTOR VEHICLE ORIENTED BUSINESS (MVOB)Any commercial business which, by design, type of operation, and nature of business, has as one (1) of its functions, the provision of services to a number of motor vehicles or their occupants in a short time span for each, or the provision of services to the occupants of the motor vehicle while they remain in the vehicle. The list of such businesses include gasoline service stations, drive-in banks, drive-in restaurants, drive-in beverage sales and car wash operations. These examples are not intended as a comprehensive list of such businesses.
MOTOR VEHICLE RENTAL COMPANYAny person or entity in the business of renting passenger motor vehicles to the public, but not including any used motor vehicle dealer selling used motor vehicles, or the leasing or renting of motor vehicles with the option to purchase.
MOTOR VEHICLE REPAIR SHOPA building, or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.
MULTIPLE-FAMILY ACCESS DRIVEA private way or driveway which affords a means of vehicular access to parking areas and bays and to abutting buildings in a multiple-dwelling unit subdivision or development.
MULTIPLE-FAMILY DWELLINGA building containing three (3) or more dwelling units which may or may not have a common entrance.
NEW MOTOR VEHICLEAny motor vehicle being transferred for the first time from a manufacturer, distributor or new motor vehicle franchise dealer which has not been registered or titled in this State or any other State and which is offered for sale, barter or exchange by a new motor vehicle franchise dealer who is franchised to sell, barter or exchange that particular make of motor vehicle. The term "new motor vehicle" shall not include manufactured homes as defined in Section 700.010, RSMo.
NEW MOTOR VEHICLE FRANCHISE DEALERAny motor vehicle dealer who has been franchised to deal in a certain make of new motor vehicle by the manufacturer or distributor of that make of motor vehicle, and who may, in line with conducting his business as such a franchise dealer, sell, barter or exchange used motor vehicles.
NON-CONFORMING USEA building, structure or use of land existing at the time of enactment of this Chapter, and which does not conform to the regulations of the district or zone in which it is situated or any amendment hereto.
NUDITYThe showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola.
NURSING HOME (CONVALESCENT HOME AND REST HOME)An establishment used as a dwelling place by the aged, infirm, chronically ill, or incurable afflicted persons, in which not less than three (3) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured.
OFFICIAL FEESThe fees prescribed by law for filing, recording or otherwise perfecting and releasing or satisfying any title or lien retained or taken by a seller in connection with a retail installment transaction.
OFFICIAL SUBMISSION DATEThe date when a subdivision plan shall be considered submitted to the Planning and Zoning Commission, and is hereby defined to be the date of the meeting of the Planning and Zoning Commission at which all required surveys, plans and data are submitted.
OPEN SPACE, PUBLICLand which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites, and other lands.
OUTDOOR FLEA MARKETAn open-air market used for the sale of antiques, crafts, art work, and second hand or other such products from a non-permanent structure.
PARKING LOTA paved surface providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of three (3) or more vehicles. Such pavement structure shall be approved by the City Engineer.
PARKING SPACE, AUTOMOBILEA paved surface providing a parking space for one (1) motor vehicle within a building or on a private or public parking area.
PAVED SURFACEAny asphalt or concrete surface designed for the parking of and/or driving of vehicles upon.
PAYDAY LOANAn unsecured loan under five hundred dollars ($500.00) as defined in Chapter 408 of the Small Loan Act of the State Statutes of the State of Missouri.
PET SHOPAny commercial establishment where dogs or cats, or other domestic animals/pets as defined in this Code are bought, sold, or exchanged.
PICKUP CAMPERSA structure designed primarily to be mounted on a pickup truck chassis and with sufficient equipment to render it suitable for use as temporary dwelling for travel, recreational, and vacation uses.
PIPELINEThe same as is defined by Title 49, Code of Federal Regulations, Sections 195.2 and 192.3.
PIPELINE FACILITYThe same as is defined by Title 49, Code of Federal Regulations, Sections 195.2 and 192.3.
PLANNED DEVELOPMENT AREAAn area under common ownership where the various components of the development area are treated in a compatible manner. These components include, but are not limited to, landscaping, stormwater management, architectural style and erosion and siltation control. The approval of a planned development area plan is intended to encourage a more creative approach in the development of land which will result in a more efficient, aesthetic and desirable use of area; to permit flexibility in design, placement of buildings, use of open spaces, circulation facilities, and off-street parking areas; and to utilize best the potential of sites characterized by special features of geography, topography, size or shape.
PLANNED URBAN DEVELOPMENT DISTRICTA planned urban development is a comprehensively planned development containing residential, commercial, industrial, and/or other land uses on an area of land under single, partnership or corporate ownership, and under unified control. A planned urban development may contain a single type of land use or combination of land uses provided that such development is reviewed, evaluated and approved by the City and satisfies the requirements contained with the Zoning Code under "PUD Planned Urban Development District".
PLATA map, plan or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties.
PLAT, PRELIMINARYA map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
PLAT, RECORDA map of land subdivision prepared in form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.
PRINCIPAL BALANCEThe cash sale price of the motor vehicle which is the subject matter of the retail installment transaction plus the amounts, if any, included in the sale, if a separate identified charge is made therefor and stated in the contract, for insurance and other benefits, including any amounts paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest, lien, or lease interest on property traded in and official fees, minus the amount of the buyer's down payment in money or goods.
PROJECTILE WEAPONAny bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
PUBLIC BUILDINGA building, or part thereof, owned or leased and occupied and used by an agency or political subdivision of the Federal, State, or local government.
PUBLIC ROADWAYThe right-of-way which is either owned in fee or by easement by the State of Missouri, St. Charles County, or the City of St. Peters, or which is used by the general public for travel and is also regularly maintained by the Missouri Department of Transportation, United States of America, St. Charles County, the City of St. Peters, or any agency or instrumentality thereof.
RECORD PLATA map of land subdivision prepared with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land and which has been recorded in the office of the Recorder of Deeds of St. Charles County, Missouri.
RECREATIONAL VEHICLEA vehicle whether self-propelled or a trailer which is constructed with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
RENTAL TERMS1. SHORT-TERM RENTALA non-owner-occupied dwelling unit or accessory building, where tenant occupancy lasts for a period of no more than thirty (30) days.
2. LONG-TERM RENTALA non-owner-occupied dwelling unit or accessory building, where tenant occupancy lasts for a period of time of more than thirty (30) days.
REPLACEMENTIncludes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing wireless support structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the pre-existing wireless facilities or wireless support structures.
RESIDENTIAL PET FACILITY1. The use of residential property for the purpose of boarding or training dogs or cats; no individual dog or cat may be housed, except for the owner's animals, for more than two (2) weeks; or the keeping of four (4) or more dogs over six (6) months of age, or the keeping of four (4) or more cats over six (6) months of age, or the keeping of a total of four (4) adult dogs or adult cats.
2. In addition to the three (3) permitted pet units, a residential structure or lot may contain two (2) additional pets that are being fostered. To be recognized as a fostered pet, the animal must be obtained from an animal shelter registered by the Missouri Department of Agriculture through the Animal Care Facilities Act.
3. A litter of puppies or a litter of kittens are exempted from the pet limit calculation until the pets reach the age of four (4) months. Only one (1) litter of either puppies or kittens is exempted from the pet limit calculation at any time.
RESTAURANTAn establishment where food and drink are prepared, served, and consumed primarily within the principal building.
RESTAURANT, FAST-FOODAn establishment where the principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises.
RETAIL BUYERA person who buys a motor vehicle from a retail seller in a retail installment transaction under a retail installment contract.
RETAIL INSTALLMENT CONTRACTAn agreement evidencing a retail installment transaction entered into in this State pursuant to which the title to or a lien upon the motor vehicle, which is the subject matter of the retail installment transaction, is retained or taken by the seller from the buyer as security for the buyer's obligation. The term includes a chattel mortgage or a conditional sales contract.
RETAIL INSTALLMENT TRANSACTIONA sale of a motor vehicle by a retail seller to a retail buyer on time under a retail installment contract for a time sale price payable in one (1) or more deferred installments.
RETAIL SELLERA person who sells a motor vehicle, not principally for resale, to a retail buyer under a retail installment contract.
RIGHT-OF-WAYA public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of the law.
SALEConsists in the passing of title from the seller to the buyer for a price. A retail installment transaction shall be considered a sale pursuant to this Chapter.
SANITARIUMAny premises where the residential prevention, evaluation, care, treatment, habilitation, or rehabilitation is provided for persons affected by mental disorders, mental illness, mental retardation, developmental disabilities, or alcohol or drug abuse, except the person's dwelling, a hospital, or any facility licensed pursuant to Chapter 197, RSMo.
SEMI-NUDITYThe showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel, provided the areola is not exposed in whole or in part.
SEMITRAILERA combination vehicle in which the two (2) trailing units are connected with a B-train assembly which is a rigid frame extension attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the second semitrailer and has one (1) less articulation point than the conventional A-dolly connected truck-tractor semitrailer-trailer combination.
SEXUAL CONTACTAny touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of any female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person or for the purpose of terrorizing the victim.
SEXUAL INTERCOURSEAny penetration, however slight, of the female genitalia by the penis. Sexual intercourse also includes any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
SHOTGUNAny firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger.
SIGNSSee Article
IX "Permanent Sign Regulations".
SITE PLANA drawing illustrating a proposed development and prepared in accordance with the specifications outlined in the various articles, procedures, and Sections of this Chapter.
SOLAR PANELAny apparatus or equipment designed for the purpose of collecting and transforming solar energy into thermal or electricity energy. Solar energy systems may include photovoltaic or solar-thermal systems.
SOLAR PANEL — ACCESSORYA solar panel system providing power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
SOLAR PANEL — PRIMARYA solar panel system whose principal purpose is to provide power for the sale of energy to a local utility or other users.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between such floor and ceiling next above it.
STREETAny public or private right-of-way which affords the primary means of access to abutting property.
STREET, ARTERIALA multi-lane facility designed for movement of a relatively large volume of traffic. Arterials provide connections between local and collector streets and the freeways.
STREET, COLLECTORA street located within a neighborhood or other integrated use area which collects from and distributes traffic to local streets, and connects arterial streets.
STREET, CUL-DE-SACA street or a portion of a street with only one (1) vehicular traffic outlet. The closed end has a turnaround.
STREET, FRONTAGE OR SERVICEA minor street generally parallel to and adjacent to arterial streets and highways which provides access to abutting properties and protection from through traffic.
STREET, MINORA street intended to serve primarily as an access to abutting properties.
STREET, PRIVATEA street not accepted by dedication or otherwise by the Board of Aldermen.
STRUCTURAL ALTERATIONAny change in the supporting members of a building or structure, including bearing walls, partitions, columns, beams, girders or similar parts of a building or structure, and any substantial change in the roof of a building.
STRUCTUREAnything constructed or erected, which requires location on the ground, or attached to something having location on the ground. (See "BUILDING")
SUBDIVIDERA person, firm, corporation, partnership, or association who shall lay out any subdivision or part thereof as defined herein, either for himself/herself or others.
SUBDIVISIONThe division or redivision of land into two (2) or more lots, tracts, sites, or parcels for the purpose of transfer of ownership or for development, or the dedication or vacation of a public or private right-of-way or easement.
SUBSTANTIAL MODIFICATIONThe mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
1. Increases the existing vertical height of the structure by:
a. More than ten percent (10%); or
b. The height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
2. Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
3. Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
4. Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
THROUGH LOTA lot which abuts parallel streets and has two (2) front yards.
TIME PRICE DIFFERENTIALThe amount, however denominated or expressed, as limited by Section 365.120, RSMo., in addition to the principal balance to be paid by the buyer, for the privilege of purchasing the motor vehicle on time to be paid for by the buyer in one (1) or more deferred installments.
TIME SALE PRICEThe total of the cash sale price of the motor vehicle and the amount, if any, included for insurance and other benefits if a separate identified charge is made therefor and the amounts of the official fees and time price differential.
TITLE LOANA loan in which the lender retains physical possession of a certificate of title for the entire length of the title loan agreement and for all renewals or extensions thereof. The lender shall not be required to retain physical possession of the titled personal property.
TRACTAn area or parcel of land, which the developers intend to subdivide and/or improve, or to cause to be subdivided and/or improved pursuant to the requirements of this Chapter.
TRACTORA self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semitrailer, it supports a part of the weight thereof.
TRAILERAny vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in Section 310.010(8), RSMo., and shall not include manufactured homes as defined in Section 700.010, RSMo.
TRAILER DEALERAny person selling, either exclusively or otherwise, trailers. A trailer dealer may acquire a motor vehicle for resale only as a trade-in for a trailer.
TRUCKA motor vehicle designed, used or maintained primarily for the transportation of property.
TRUCKING FACILITYThe use of a structure, building or land, which consists of a storage area, management and dispatch office, and loading and unloading facilities connected with receipt, transfer, or delivery of freight shipped by truck. The parking of vehicles, including trucks or parts of trucks, which is unrelated to freight transport shall not be considered a trucking facility.
TURF GRASSAn uninterrupted, continuous mat of grass; continuous plant coverage consisting of non-native grasses or grasses that have not been hybridized for arid conditions which, when regularly mowed, form a dense growth of leaf blades and roots. Turf grass refers to all species of grass that are perennial and are typically used for lawns, such as, but not limited to, Kentucky Bluegrass or perennial ryegrass. Turf grass shall not include weeds such as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn, dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison ivy, or other weeds of a like kind.
USEThe purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
USE, ACCESSORYA use which is a secondary activity incidental to the primary use of the property. Accessory uses shall not exceed twenty-five percent (25%) of the gross sales of a retail or wholesale operation.
USE PERMITTEDA use which is permitted in the zoning district in which it is located.
USE PERMITTED UPON REVIEW AND APPROVALA review conducted by the Planning and Zoning Commission whereby a use is permitted to occur in that district but only upon its approval and subject to those conditions placed upon it by the Commission.
USED MOTOR VEHICLEAny motor vehicle which is not a new motor vehicle, and which has been sold, bartered, exchanged or given away or which may have had a title issued in this State or any other State, or a motor vehicle so used as to be what is commonly known as a secondhand motor vehicle. In the event of an assignment of the statement of origin from an original new motor vehicle franchise dealer to any individual or other motor vehicle dealer other than a new motor vehicle franchise dealer of the same make, the vehicle so assigned shall be deemed to be a used motor vehicle and a certificate of ownership shall be obtained in the assignee's name. The term "used motor vehicle" shall not include manufactured homes, as defined in Section 700.010, RSMo.
UTILITYAny person, corporation, county, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, wastewater, data, cable television, or telecommunications or Internet protocol-related services.
UTILITY POLEA structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.
VARIANCERelief from or variation of the provisions of these regulations, as applied to a specific piece of property.
VEHICLEAny mechanical device on wheels designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons.
WAREHOUSEA place for the storage of merchandise or commodities.
WATER TOWERA water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
WILDLIFEAll wild birds, mammals, fish and other aquatic and amphibious forms, and all other wild animals, regardless of classification, whether resident, migratory or imported, protected or unprotected, dead or alive, and any and every part of any individual species of wildlife.
WIND TURBINEThe device which converts wind into mechanical or electrical energy that can be used for power.
WIND TURBINE — ACCESSORYA wind turbine system providing power for the principal use and/or accessory use of the property on which the wind turbine is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
WIND TURBINE — PRIMARYA wind turbine system whose principal purpose is to provide power for the sale of energy to a local utility or other users.
WIND TURBINE FLICKERChanging light intensity caused by sunlight through the moving blades of a wind energy conversion system.
WIRELESS COMMUNICATIONS SERVICEIncludes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301.
WIRELESS FACILITYThe set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.
WIRELESS SUPPORT STRUCTUREA structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.
YARDAn open space on a lot, which is unoccupied and unobstructed from the ground upward, exclusive of that portion dedicated for public streets, except as otherwise provided in this Chapter.
YARD, FRONTA yard extending across the front of a lot between the side lot lines and being the distance between the front lot line and the principal building or any projection thereof.
YARD MEASUREMENTIn measuring a yard for the purpose of determining the width of a side yard or the depth of a front or rear yard; the least horizontal distance between the side lot line, front lot line or rear lot line, respectively, and a line parallel thereto and passing through the nearest point of the building shall be used.
YARD, REARA yard extending across the rear of a lot measured between the side lot lines and being distance between the rear lot line and the principal building or any projections thereof. The rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
YARD, SIDEA yard between the principal building and the side lot line extending between the front and rear yards.
ZONING DISTRICT MAPA map or maps with all notations, references, and symbols shown thereon depicting individual zoned districts in accordance with this Chapter.
ZONING REGULATIONSThe whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols contained or to which reference is made.