[R.O. 2006 §400.050; Ord. No. 415 Art. II §210, 3-2-1982; Ord. No. 972 §I, 11-18-1997; Ord. No. 1639 §§I — II, 11-7-2006; Ord. No. 1807 §I, 10-21-2008; Ord. No. 1833 §I, 2-17-2009; Ord. No. 1846 §I, 5-19-2009; Ord. No. 1869 §§I — II, 8-18-2009; Ord. No. 1900 §I, 6-1-2010; Ord. No. 1931 §I, 9-7-2010; Ord. No. 1937 §§I — II, 10-19-2010; Ord. No. 1961 §I, 5-17-2011; Ord. No. 2134 §I, 1-7-2014; Ord. No. 2151 §I, 3-18-2014; Ord. No. 2164 §I, 5-20-2014; Ord. No. 2245, 9-15-2015; Ord. No. 2467, 4-17-2018; Ord. No. 2473, 6-18-2019; Ord. No. 2481, 7-16-2019; Ord. No. 2488, 9-17-2019; Ord. No. 2497, 11-19-2019; Ord. No. 2734, 1-17-2023; Ord. No. 2747, 3-21-2023; Ord. No. 2847, 3-19-2024; Ord. No. 2957, 8-19-2025]
Definitions. Except as specifically defined herein, all words used in these regulations have their customary dictionary definitions. For the purpose of these regulations, certain words, terms or phrases used herein are defined as follows:
ABANDONTo discontinue a use for more than one hundred eighty (180) consecutive days or six (6) months, whichever is less.
ABANDONMENTAn action to give up one's rights or interest in property.
ACCESSORY BUILDING OR STRUCTUREA detached subordinate building or structure, the use of which is customarily incidental to the principal use, located on the same lot with the principal building or use. A building housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the principal building or is under an extension of the principal roof and designed as an integral part of the principal building.
ACCESSORY USEA use customarily incidental to the principal use of a building site or to a building and located upon the same building site with the accessory use.
ADULT DAY CARE CENTERA facility for the care of adults. Adult day care facilities shall meet all requirements and specifications of the Division of Health and other State or local agencies having jurisdiction over these types of facilities. An adult day care center does not provide overnight facilities or overnight care.
AGRICULTURAL AND FARM BUILDINGS AND STRUCTURESAny building or structure necessary or incidental to the normal conduct of a farm including, but not limited to, the operator residence; residence of hired personnel; barns, buildings and sheds for housing livestock, poultry and farm machinery; buildings for the storage or shelter of grain, hay and other crops; silos, mills and water storage tanks.
AGRICULTURAL OR FARMINGPlanting, cultivating, harvesting and storing grains, hay, plants or trees commonly grown in Warren County; raising and feeding livestock or poultry, except feeding, fattening or finishing livestock or poultry for hire or as a business venture separate and distinct from crop raising which shall be classed as commercial agriculture. A minimum of five (5) acres of land shall constitute agriculture or farming for the purposes of these regulations.
AIRPORTSAll areas used for landing aircraft.
ALLEYA public secondary means of access of abutting property, not intended for general traffic circulation.
ALTERATIONS, BUILDING OR STRUCTURALAny addition, removal, extension or change in the location of any exterior wall, structural part or exit facilities of a principal or accessory building or structure; any change in use from one zoning classification to another; or any moving of a building from one site to another.
AMUSEMENT CENTERA place in which games including, but not limited to, pinball machines and similar coin-operated machines, electronic video games, table games, billiard tables, skating, bowling are made available for use by the general public.
AMUSEMENT PARKA facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, restaurants and souvenir sales.
ANIMAL BOARDING KENNELSAny structure or lot where three (3) or more dogs and/or cats older than four (4) months of age and/or other animals for other than agricultural purposes are boarded, bred and/or offered for sale, not including stables.
ANIMAL CLINICS AND HOSPITALSAn establishment where animals are admitted principally for examination and treatment by a doctor of veterinary medicine, with boarding facilities limited to that necessary for the treatment of the sick animal and not including open kennels or runs.
ANIMAL CONTROL CENTERA public or private facility to hold, contain and care for stray or abandoned animals until an animal is adopted or returned to its owners.
ANIMAL HUSBANDRYThe non-profit maintenance of one (1) horse per acre, four (4) cattle per acre, two (2) goats per acre, twenty-four (24) poultry and/or cats, dogs, rabbits, chinchillas, guinea pigs or pigeons in excess of the amount permitted as household pets, with the slaughter of such animals as poultry, rabbits or beef cattle permitted only for consumption by the resident family, with animals other than household pets not kept within a dwelling or within twenty (20) feet of a dwelling on the same lot or within sixty (60) feet of any property line, and with housing and caging of animals adequate and sanitary and subject to all State health requirements for health and sanitation and with all animal food except hay and straw stored in rodent-proof containers.
APPEALA request for a review of the Zoning Enforcement Officer's interpretation of any provision of this Title or a request for a variance.
AREAThe amount of land surfaces in a lot, plot or parcel. (See also: BUILDABLE AREA; LOT AREA)
AREA REQUIREMENTSThe yard, lot area, lot width, lot coverage and space requirements as set forth in a specific district.
ART DISPLAY, OUTDOORA temporary collection of art displayed and/or offered for purchase in an outdoor setting.
ART GALLERYA room or series of rooms where works of art are exhibited and/or offered for purchase.
ASSISTED LIVING FACILITYResidences, for the frail elderly or for the sheltered care of persons with special needs, that provide rooms, meals, personal care and supervision of self-administered medication. Facilities may provide a combination of services such as recreational activities, financial services, social and personal counseling and transportation.
ATTACHED BUILDINGA building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof with at least a horizontal dimension of six (6) feet.
AUDITORIUMA room, hall or building made a part of a church, theater, school, recreation or other building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.
BAIL BONDMANS/AGENCYAny person, partnership or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment, or death, before any of the courts of this State, or securing the payment of fines imposed and of costs assessed by such courts upon final disposition thereof.
BARAn establishment serving liquor by the drink and/or meals on the premises deriving over fifty percent (50%) of gross revenue from the sale of alcoholic beverages.
BASEMENTA building portion having part but not more than one-half (½) its height above grade and used for storage, garages for building occupant's use, janitor's or watchman's quarters or other utilities common for the rest of the building and which is not, as defined herein, counted as a story unless subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
BED AND BREAKFAST INNOvernight lodging and morning meal for travelers in a dwelling unit for compensation, where three (3) or more guest rooms are provided.
BENCH MARKA permanent point of reference from which various measurements may be made.
BIG BOX/SUPERSTOREA large retail store whose physical layout resembles a large square or box and contains a gross total floor area of generally more than fifty thousand (50,000) square feet and provides a wide array of items for sale. These stores may be found on separate parcels within a retail shopping center with their own dedicated parking area and may provide products in an outdoor area.
BLIGHTDeterioration, deficiencies or inadequacies in buildings, facilities and/or their environment diminishing their value, appearance and/or usability.
BLOCKA parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels or a combination thereof.
BOARDING HOUSEA building, other than a hotel or apartment hotel, where for compensation and prearrangement for definite periods; lodging, meals or combined lodging and meals are provided.
BUILDABLE AREAThe space remaining on a zoned lot after the minimum open space requirements of this Title have been met.
BUILDINGAn enclosed structure, anchored to a permanent foundation and having exterior walls and a roof, designed for the shelter of persons, animals or property. When divided by other common or continuous walls, each portion or section of such building shall be regarded as a separate building, except two (2) such enclosed structures connected by a breezeway shall be deemed as one (1) building.
BUILDING AREAThe total exterior dimensions of the building at ground level.
BUILDING, ENCLOSEDA building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors and covered by a permanent roof.
BUILDING LINE OR SETBACK LINEA building line limit fixed by setback requirements at a specific distance from the front, rear and side boundaries of a lot, beyond which a structure cannot lawfully extend.
BUILDING, PRINCIPALA building housing the principal, as distinguished from accessory or secondary, use or uses on a lot.
CABINA structure used for residential occupancy in a recreational district.
CAMPGROUND (CAMPSITE)An area of land, including supporting sanitary and other facilities, for the overnight or temporary parking of recreational vehicles and other modes of camping.
CARE HOMEA licensed rest home, nursing home, convalescent home, boarding home for the aged or similar use established to render domiciliary care for chronic or convalescent patients, but not including hospitals, clinics or facilities for the care of feeble-minded or mental patients, epileptics, alcoholics, senile psychotics, drug addicts, sick or injured.
CHILD CARE FACILITYAn establishment, caring for children that require a license from the State of Missouri, used for the purpose of a day care center, day nursery, nursery school, kindergarten (not connected with a school as defined herein) or similar use which constitutes the normal care of physically and mentally sound children.
CHURCHA building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CITY PLANThe City's sketch plan or comprehensive plan, whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the Warren County, Missouri, Recorder's office. Such plan may consist of several maps, data and other descriptive matter for the physical development of the City or any portion thereof, including any amendment, extension or additions thereto adopted by the Board of Aldermen, indicating the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.
CLINICAn outpatient establishment where patients are not lodged overnight but are admitted for examination and treatment by one (1) or more physicians, dentists or medical professionals including chiropractors, psychologists or social workers.
CLOSED CONSTRUCTIONAny building component, assembly or system manufactured in such a manner that all portions cannot readily be inspected at the installation site without disassembly, damage to, or destruction thereof.
CLUBBuildings and facilities owned and operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
COMMUNITY RESIDENCEA single-family dwelling unit occupied by more than five (5) persons, who may not be related by blood, marriage or adoption, who live as a single housekeeping unit the same as a family. Community residences include assisted living facilities for elderly persons, elder homes, hospices, shelters and other group living arrangements.
COMMUNITY SERVICESUses of public, non-profit, philanthropic or charitable nature generally providing a local service to people of the community.
COMPLETELY ENCLOSED STRUCTUREA building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.
COMPREHENSIVE FACILITYA comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITYA facility licensed by DHSS to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical marijuana facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITYA facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided in Article
XIV, Sections 1 and 2 of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations in Article
XIV, Sections 1 and 2 of the Missouri Constitution and this Section and otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary facility directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property tax for each sale, as set forth in Article
XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by DHSS to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
CONDEMNATIONThe taking of private property by a government unit for public use when the owner will not relinquish it through sale or other means, with compensation of fair market value paid to owner.
CONDITIONAL USE(S)A use of land or structure which is permitted in a district on review as prescribed in the Section on administration and enforcement. Certain uses of land providing accommodations consistent with or necessary to the purpose intended for each district may differ in their general characteristics from the principal permitted activities and in their impact thereon.
CONSTRUCTION, EXISTINGStructures for which the "start of construction" commenced before March 2, 1982, (the effective date of the Warrenton Flood Insurance Rate Map); also refers to "existing structures."
CONSTRUCTION, NEWStructures for which the "start of construction" or substantial improvement commenced on or after March 2, 1982.
CONSTRUCTION, START OFThe first (1st) placement of permanent construction of a structure on a site, such as pouring slabs or footings or any work beyond the excavation stage. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include installing streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include installing accessory buildings on the property. For a structure without a basement or poured footings, the "start of construction" includes the first (1st) permanent framing or assembly of the structure or any part thereof on its piling or foundation. For separate mobile homes, the "start of construction" means affixing the mobile home to its permanent site; for grouped mobile homes, the "start of construction" means the completion date for the construction of facilities for servicing the site, including street installation, final site grading, pouring concrete pads, and installation of utilities.
CONSUMERFor purposes of marijuana regulations, a person who is at least twenty-one (21) years of age.
CONSUMER CULTIVATION IDENTIFICATION CARDAn identification card authorized pursuant to Article
XIV, Section 2, of the Missouri Constitution, issued by DHSS, allowing the holder to cultivate nonmedical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
CONTRACTOR AND TRADE SHOPShop with storage of materials and goods for eventual sale or installation off site for the use of contractor or tradesman such as upholsterer, plumber or electrician.
CONVENTIONALLY-BUILT BUILDING OR CONVENTIONALLY-BUILT BUILDING STRUCTUREA term having tacit agreement (implied, but not expressed verbally) sanctioned by, or growing out of, customary methods of carpentry and construction; a building assembled and erected at the building site using traditional or customary methods of carpentry and construction, having need of a perimeter formation permanent foundation. Such a building may involve the use of individual prefabricated structural units (such as a beam, girder, plan, strut, column or truss). The term shall include buildings designed and intended for dwelling, business, educational or industrial use occupancy.
COUNSELING CENTERAn outpatient establishment for individuals seeking psychological guidance.
COURTAn open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.
CUL-DE-SACA short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.
CULTIVATIONAs related to activity authorized pursuant to Article
XIV, Sections 1 and 2 of the Missouri Constitution, as applicable, and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
CULTURAL FACILITIESEstablishments that document the social, religious, intellectual and artistic manifestations that characterize society, including museums, art galleries, concert halls, live performance theatre, botanical and zoological gardens.
CURB LEVELThe mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is highest.
DAY CAREThe care of adults or children, away from their own home, on either a commercial or non-commercial basis for custodial, educational, religious or other purposes for any part of a twenty-four (24) hour day. Facility shall be licensed and operating under all requirements and specifications of the Division of Health and other State or local agencies having jurisdiction.
DENSITYLand occupancy area requirements/limitations. (See also: AREA REQUIREMENTS)
DEVELOPMENTAny manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures or mining, dredging, filling, grading, paving, excavating or drilling operations.
DHSSThe Missouri Department of Health and Senior Services, or its successor agency.
DISTRICTA section or sections of the City specifically declared within which the regulations governing the user of buildings and premises are uniform.
DORMITORYA building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institution.
DUMPA lot, land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLINGAny building or portion thereof which is designed and used for residential purposes by an individual or a family.
DWELLING, GROUPTwo (2) or more detached or attached single-family, two-family or multiple-family dwellings occupying a single building site and having yards or open space in common, but not including a motel, hotel or motor hotel.
DWELLING, SINGLE-FAMILY ATTACHEDA single-family dwelling that is attached to at least one (1), but not more than three (3), other single-family dwellings by a common vertical wall that extends the entire height of the dwelling through the attic to the underside of the roof decking creating a partition between each dwelling unit. A single-family attached dwelling may have up to four (4) total dwelling units as part of the entire structure.
DWELLING, SINGLE-FAMILY DETACHEDA single-family dwelling that is not attached to any other dwelling by any means and is completely surrounded by open space or yards.
DWELLING UNITA structure or portion thereof with complete housekeeping facilities for one (1) family or group operating as a single housekeeping unit.
EASEMENTA grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
ENTERTAINMENT FACILITYA large scale venue for the purpose of providing live or recorded entertainment for commercial purposes. Music, comedy, dancing, acting may be performed and may also include dancing by patrons to live or recorded music. Facilities may be indoor or outdoor and may provide circuses, rodeos, traveling exhibitions or other transient type activities.
ESSENTIAL UTILITY/GOVERNMENT OR PUBLICErecting, constructing, altering or maintaining by public utilities or municipal departments, underground or overhead gas, electrical, steam, water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary to furnish adequate service or for the public health, safety or general welfare, but not including buildings.
EXISTINGIn force or being as of March 2, 1982.
FAIRGROUNDSA place where the annual Warren County Fair may be held or other events such as demolition derbies, tractor pulls, livestock exhibitions and equestrian events.
FAMILYOne (1) or more persons occupying a single dwelling unit, living as a single housekeeping unit on a long-term basis, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel. A family, as defined herein, may include up to five (5) unrelated persons or any number of persons related by blood, marriage or adoption, provided that the number of persons residing in the dwelling does not create overcrowded conditions and violate any adopted building, fire and health codes.
FILL, EARTHThe height to which uncontaminated soil is placed; also the resulting earthwork.
FLOOR AREAThe area included within outside walls of a building or portion thereof, including habitable penthouses and attic space, but not including vent shafts, garages, courts or uninhabitable areas below ground level or in attics.
FLOOR AREA, GROSSThe total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls including basement area used for storage of goods, equipment and vehicles, also including interior balconies, mezzanines and accessory buildings.
FLOOR AREA RATIOThe ratio in square feet of total floor area of all buildings on a lot to total lot area.
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of flood plain management and tending to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings and the hydrological effect of a watershed's urbanization.
FRONTAGEAll the property on the side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street or, if the street is dead ended, all the property abutting one (1) side between an intersecting street and the dead end of the street.
GARAGE, PRIVATEIf detached, an accessory building for storing motor vehicles; if attached, a building or portion thereof for storing one (1) or more motor vehicles for persons occupying the premises. Only one (1) such vehicle may be commercial, not more than two (2) tons' capacity.
GARAGE, STORAGEA building or portion thereof designed or used exclusively for prearranged term storage of motor vehicles, not daily, and within which motor fuels and oils may not be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.
GARBAGEPutrescible animal or vegetable wastes resulting from food handling, preparation, cooking, servicing or consumption.
GRADE1. For buildings having walls adjoining one (1) street only, the sidewalk elevation at the center of the wall adjoining the street.
2. For buildings having walls adjoining more than one (1) street, the average sidewalk elevation at the centers of all walls adjoining the streets.
3. For buildings having no wall adjoining the street, the average level of the finished ground surface adjacent to the building's exterior walls.
4. Any wall approximately parallel to and not more than five (5) feet from a street line shall be considered adjoining the street. Where no sidewalk exists, the grade shall be established by the City Engineer.
GREEN SPACEAn area of land that is predominantly covered with natural vegetation such as grass, trees, shrubs, or other plant life, and is free of buildings, pavement, impervious surfaces, artificial structures, and water bodies or water features (e.g., ponds, fountains, or pools). Green space shall be maintained in a permeable, natural state and used primarily for environmental conservation, passive recreation, or aesthetic purposes.
GREENHOUSE OR PLANT NURSERYAn establishment where flowers, trees and other products that are commonly used as landscaping are grown and/or sold.
GROUP HOME FOR MENTALLY, DEVELOPMENTALLY AND PHYSICALLY HANDICAPPED PERSONSA residential facility, as defined by Section 89.020.2, RSMo., where up to eight (8) mentally or physically handicapped persons and up to two (2) house parents or guardians, unrelated by blood, marriage or adoption, reside as a family unit in a single-family residential dwelling; provided, however, that the number of persons residing in the home do not create overcrowded conditions or violate any ordinances of the City.
HAZARDOUS MATERIAL OR WASTEAny material or waste which:
1. Because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible illness.
2. May pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed.
3. Is required to be accompanied by a written shipping document describing the waste as "hazardous waste" or contains a reportable quantity of "hazardous substances" or radioactive material.
HEIGHT, BUILDINGThe vertical distance measured from the highest point of a flat roof's coping, a mansard roof's deck line or a gable, hip or gambrel roof's mean height level between eaves and ridge to the highest of the following three (3) levels: from the street curb level; from the established or mean street grade in case the curb has not been constructed; or from the average finished ground level adjoining the building if it sets back from the street line.
HEIGHT, YARD OR COURTThe vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
HELIPORTAn area, either at ground level or elevated on a structure, licensed by the Federal Government or appropriate State agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities, waiting room, fueling and maintenance.
HOME OCCUPATIONAny lawful occupation performed by a resident within a residential home 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.
HOSPITALAn institution providing primary health services and medical or surgical care to persons primarily suffering from illness, disease, injury, deformities and other abnormal conditions. The institution includes, as an integral part of it, related facilities such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
HOTEL/MOTELA building or buildings in which lodging is provided and offered to the public for compensation, and which is open to transient guests; not a boarding house.
HUNTING AND FISHING RESORTA facility where lodging, or lodging and meals, are provided for compensation, while guests utilize the property for outdoor recreation.
IMMOBILIZED MOBILE HOME DWELLINGAn immobilized mobile home structure that is of particular design to permit the exclusive use and occupancy thereof as living quarters for one (1) family.
IMMOBILIZED MOBILE HOME OR IMMOBILIZED MOBILE HOME STRUCTUREA mobile home transformed to that which is "real property", distinguished from that which is "personal foundation", by virtue of causing the structure to rest in whole on a permanent foundation. Having been designed and constructed as a mobile home, the lack of mobility, for whatsoever cause, does not render the structure not a mobile home. Mobility or portability is not germane, that is, when portability is removed from a mobile home by causing it to rest in whole on a permanent foundation, it remains a mobile home. The transformer brought about by the act of causing the mobile home to rest in whole on a permanent foundation is the act to transform the mobile home from that which is personal property to that which is real property.
INSTITUTIONA building occupied by a non-profit corporation or a non-profit establishment for public use.
INSTITUTIONAL AND CIVIC USENon-profit, civic, religious or public uses such as libraries, public or private schools, hospitals, government owned or operated building, structure or land used for public purposes.
JUNK YARD/SALVAGE YARDUse of land for indoor and/or outdoor storage, keeping, abandonment, sale or resale of junk including scrap metal, automobile parts, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof. It shall also include any lot, lots or parcels thereof where two (2) or more vehicles which cannot be moved under their own power are gathered for a period longer than thirty (30) days.
KENNEL(See: ANIMAL BOARDING KENNELS)
LAND SUBDIVISION PLANA comprehensive plan indicating the general locations for the various functional elements to develop land by subdividing. (See also: PLAT)
LAND USE PLANThe long-range plan designating the future use or reuse of land in the City's planning area, setting forth the policies and reasoning behind such decisions, serving as a guide regarding distribution and intensity of development, public facilities and open spaces, officially adopted and amended from time to time by the Board of Aldermen and kept on file in the City Clerk's office.
LAUNDROMATA business providing home-type washing, drying and ironing machines for hire to be used by the customers on the premises.
LAUNDRY, SERVICEA business providing washing, drying and ironing services operated by the employees on the premises.
LINE(See: BUILDING LINE; LOT LINE)
LIVESTOCKDomestic animals bred or kept on a farm for use or commercial profit.
LIVESTOCK MARKET FACILITYA space and/or building facilitating the selling and buying of animals, the selling of goods and related activities as required by law.
LOADING SPACEAn off-street space or berth having a minimum dimension of ten (10) by thirty (30) feet for single-unit truck deliveries and ten (10) by sixty (60) feet for semi-trailer deliveries, on the same lot with a building or contiguous to a group of buildings, for temporarily parking a commercial vehicle while loading or unloading merchandise or materials and which abuts a street, alley or other appropriate means of access.
LODGEA place where members of a local chapter of an association or a fraternal, cultural or religious organization hold their meetings; or the local chapter itself.
LOTA portion of land (whether of a platted subdivision or otherwise) defined by metes, bounds or boundary lines in a recorded deed or on a recorded plat, occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this Title, having not less than the minimum area, width and depth required by this Title for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this Title. The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in continuancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.
LOT AREAThe total square footage or acreage within the property lines of a lot, excluding public streets and alleys, subject to the district requirements herein.
LOT, CORNERA lot abutting two (2) or more streets at their intersection or two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°), the point of intersection of the street lines being the "corner".
LOT COVERAGEThe area of a zoned lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTHThe mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
LOT, DOUBLE FRONTAGEA lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
LOT, INTERIORA lot whose boundary lines do not abut upon any street.
LOT LINE, EXTERIORA side lot line separating a lot from a street on a corner lot is called an exterior lot line.
LOT LINESThe lines bounding a lot as defined herein.
LOT LINES, REARThe boundary line opposite and most distant from the front street line, except in the case of uncertainty the Zoning Enforcement Officer shall determine the rear line on irregular lots.
LOT LINES, SIDEAny lot line other than front or rear lot line. A side lot line separating a lot from a street side lot line. A side lot line separating a lot from another lot or lots is called an "interior side lot line".
LOT, NON-CONFORMINGA single lot, tract or parcel of land shown on a recorded or unrecorded map, plat, drawing or survey in existence on failing to meet the requirements for area, width or depth for any use permitted within the district in which it is located.
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the County Recorder, or a lot, plot or parcel described by metes and bounds, the description of which had been so recorded on or before May 10, 1990.
LOT, THROUGHA lot having frontage on two (2) parallel or approximately parallel streets.
LOT WIDTHThe mean horizontal width of the lot measured at right angles to its depth.
MANUFACTURED HOMEA factory-built single-family home that is transportable in one (1) or more sections. In the travelling mode, the home is eight (8) feet or more in width or forty (40) feet or more in length and is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities which includes, plumbing, heating, air-conditioning and electrical systems and is built under a Federal code set by U.S. Department of Housing and Urban Development on June 15, 1976.
MANUFACTURED AND/OR MOBILE HOME LOTAny area, tract, site or plot of ground within a manufactured and/or mobile home park designed to accommodate one (1) manufactured or mobile home as herein defined and the accessory uses thereto.
MANUFACTURED AND/OR MOBILE HOME PARKAny place, area or tract of land maintained, offered or used for the parking of two (2) or more manufactured or mobile homes used or intended to be used for living or sleeping purposes. Provisions for the approval of a manufactured or mobile home park are found in Section
405.240.
MARIJUANACannabis indica, Cannabis sativa, 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 marijuana plant and marijuana-infused products. Marijuana does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA FACILITYA comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana related facility or business licensed or certified by the DHSS, but shall not include a medical marijuana facility licensed by the DHSS.
MARIJUANA-INFUSED PRODUCTSProducts that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.
MARIJUANA TESTING FACILITYA facility certified by DHSS to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by DHSS to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, marijuana testing facility, medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is in a location allowing for the legal possession of marijuana, another licensed dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
MEDICAL MARIJUANA FACILITYA medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, and a marijuana testing facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the DHSS to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.
MICROBUSINESS DISPENSARY FACILITYA facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided pursuant to the terms of Article
XIV, Sections 1 and 2 of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of Article
XIV, Sections 1 and 2 and this Section and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
MICROBUSINESS WHOLESALE FACILITYA facility licensed by DHSS to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.
MOBILE HOMEA factory-built single-family home that is transportable in one (1) or more sections. In the traveling mode, the home is eight (8) feet or more in width or forty (40) feet or more in length and is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities which includes plumbing, heating, air-conditioning and electrical systems and is built before June 15, 1976, prior to the HUD code enactment.
MOBILE HOME, DEPENDENTA mobile home or travel trailer which does not have a flush toilet or a bathtub or shower.
MODULAR BUILDING OR MODULAR BUILDING STRUCTUREA completely assembled and erected building designed and constructed in a factory for permanent occupancy, composed of two (2) or more prefabricated modules arranged and united together at the building site into one (1) integral structure, having need of a perimeter formation permanent foundation; characteristic of modular buildings, the roofing and siding are applied at the building site concealing the junction or union of the modules and when completed and ready for occupancy the exterior appearance is such that the building is superficially and indistinguishable from a conventionally built building. The building once arranged and joined as one (1) integral structure shall be virtually incapable of being separated again into the component module parts for repeated transport to subsequent locations. It shall meet building codes and be considered real property. The term shall include buildings designed and intended for dwelling, business, educational or industrial uses; the term shall exclude "double-wide mobile homes" which, in brevity, are by design and construction movable or portable vehicular structures having no need of a permanent foundation and are capable of being separated again for repeated towing. If title is issued, it shall be classified as a mobile home.
MOTOR VEHICLE BODY SHOPA building or a portion of a building arranged, intended and designed to be used for making repairs including auto painting and body work.
MOTOR VEHICLE SALES AREAAn open off-street area used for the display and sale of new or used automobiles, pickup trucks, vans, vacation/recreational vehicles, trailers, A.T.V's, motorcycles and boats where no repair work is done except of a minor and incidental nature to only those vehicles and trailers being sold.
MOTOR VEHICLE SERVICE AND REPAIR SHOPA building or a portion of a building arranged, intended or designed to be used for making repairs to motor vehicles; not to include auto painting and body work.
MOTOR VEHICLE STORAGE AND IMPOUND YARDAny place where two (2) or more farm or motor vehicles or farm machinery, not in running condition, or part thereof, are stored in the open and not being restored to operation, or any land, building or structure used for wrecking and storing such motor vehicles or parts thereof, including the commercial salvaging of any other goods, articles or merchandise.
MOTOR VEHICLE WRECKING YARDAny place where two (2) or more farm or motor vehicles or farm machinery, not in running condition, or part thereof, are stored in the open and not being restored to operation, or any land, building or structure used for wrecking and storing such motor vehicles or parts thereof, including the commercial salvaging of any other goods, articles or merchandise.
NATURAL SURVEILLANCEThe arrangement of space and buildings that enables residents to observe their surroundings, which increases safety by allowing residents to see trespassers, making a potential offender feel that they will be seen and reported discourages criminal behavior.
NEIGHBORHOODThe smallest sub-area in City planning, being a residential area with common public facilities and social institutions within walking distance.
NET FLOOR AREAThe square feet of floor space as measured from the interior perimeter of the exterior wall and including the total of all floor space on all stories of a building including a finished basement. It does not include porches, garages, cellars, utility areas, unfinished attics, elevators and stairwells, accessory buildings or space in a basement when such space is used for storage or incidental uses. Areas in commercial buildings principally used for non-public purposes such as storage, processing and packaging of merchandise, show windows, restrooms, dressing, fitting or alteration rooms, and kitchen areas.
NIGHTCLUBAn establishment two thousand five hundred (2,500) square feet or more dispensing more than fifty percent (50%) liquor and meals and in which there may be a stage. Music, dancing and/or entertainment is conducted.
NON-CONFORMANCEA condition existing on March 2,1982, whereby a structure, land or use does not conform to the regulations of the district in which it is situated including, but not limited to, failure to conform to height, area, coverage or off-street parking requirements.
NON-CONFORMING BUILDINGA building, structure or portion thereof conflicting with the provisions of this Title applicable to the district in which it is situated.
NON-CONFORMING USEA use which lawfully occupied a building or land on or before March 2, 1982, and which does not conform to the use regulations of the district in which it is located.
NURSING HOMEAs defined in RSMo., Title 12, Chapter 198, Section 198.006 (18), any facility, whether proprietary or non-profit, which provides twenty-four (24) hour a day accommodation, board and supervision by a nurse to three (3) or more unrelated residents.
OPEN CONSTRUCTIONAny building component, assembly or system manufactured in such a manner that all portions can be readily inspected at the installation site without disassembly, damage to, or destruction thereof.
OPEN SPACE, PUBLICLand dedicated or reserved for acquisition for general use by the public including parks, forest and wildlife preserves, recreation areas, school sites, community or public building sites, waterways, streets and other lands.
OPEN UNOCCUPIED SPACEThat area of private property upon which these regulations prohibit the location of any building or structure.
OUTDOOR DISPLAYTemporary display during a particular season of products for sale primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, boats, farm equipment and produce, burial monuments, building and landscaping materials and lumberyards but not including outdoor storage.
OUTDOOR STORAGEThe keeping in an area outside of a building of any goods, junk, material, merchandise or vehicles in the same place for more than seventy-two (72) hours but not including the temporary outdoor display of seasonal goods or merchandise for sale.
PARCELAll continuous lands including lots and parts of lots held in one (1) ownership.
PARKING AREAAn open, otherwise unoccupied, hard-surfaced space used or required for use for temporarily parking motor vehicles exclusively and where no gasoline or vehicular accessories are sold, no other business is conducted and no fees are charged.
PARKING AREA, PRIVATEAn open, hard-surfaced space, other than a street or public way, designed, arranged and made available to the occupants of the building or buildings for which the parking area is developed and is accessory for the storage of private passenger automobiles only.
PARKING SPACESpace within a public or private parking area of not less than one hundred seventy-one (171) square feet (nine (9) feet by nineteen (19) feet), exclusive of access drives, aisles, ramps, columns or office and work areas, for the storage of passenger automobile or a commercial vehicle under one and one-half (1 1/2) tons' capacity and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for such vehicles.
PAVEDSurfaced with asphaltic or concrete pavement material of a thickness sufficient to withstand the highest-use loading.
PAWNBROKER/PERSONAL CREDIT LOANSAny person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
PAWNSHOP The location at which or a premises in which a pawnbroker regularly conducts business.
PERFORMANCE STANDARDSRegulations specifically directed toward controlling noisome and injurious substances, conditions and operations.
PERMANENT FOUNDATIONA below grade formation, or a substructure formation below the tier of beams nearest to grade, consisting of materials such as concrete, mortared concrete block or mortared brick, used to transmit the loads of a structure to firm substrata, which formation shall include, but not necessarily be limited to, cellars, basements, crawl spaces, floating concrete mats with frost walls, piers and/or pilings extending into the ground below the frost line or to solid rock.
PERMITTED USEA land use which is permitted by right in a district subject only to the requirements of these regulations.
PERSONIncludes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
PLACEAn open, unoccupied space or public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLAN, LAND(See: LAND SUBDIVISION PLAN; LAND USE PLAN)
PLANNED UNIT DEVELOPMENTA residential, commercial or industrial development on a parcel of land at least three (3) acres in size in single ownership and consisting of two (2) or more buildings having any yard, court, parking or loading space in common and/or a land area having, by design, individual building sites and common property for open space and is organized to operate as a unit, without necessary participation of other units and building sites, the ownership of common property and building sites being either public or private, common or individual, according to a submitted plan.
PLATA map, plan or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties and other such details as may be required for review.
PREFABRICATED BUILDING OR PREFABRICATED BUILDING STRUCTUREA completely assembled and erected building designed and constructed for permanent occupancy, of which fifty percent (50%) or greater of the structural parts consist of individual prefabricated structural units (such as a beam, girder plant, strut, column or truss) and prefabricated building sub-assemblies (such as an assembled section of wall, ceiling, floor or roof, which may be of closed or open construction) that are transported from the place of manufacture to the building site to be incorporated into the building by field erection of such structural units and building sub-assemblies, having need of a perimeter formation permanent foundation. The term shall include buildings designed and intended to be used for dwelling, business, educational or industrial use occupancy.
PREFABRICATED MODULEA built up combination of prefabricated building sub-assemblies (consisting of at least the floor, walls and ceiling) constructed and arranged forming an attachable cell or set of rooms which is of closed construction, designed and intended to be transported without need of its own chassis from the place of its manufacture to the building site where it is to be arranged and united with one (1) or more other such cells or units of rooms forming a modular building.
PREMISESA parcel together with all buildings and structures thereon.
PREROLLA consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or base at the product.
PRIMARY CAREGIVERShall have the same meaning as set forth in 19 CSR 30-95.010, as amended.
PRINCIPAL USEThe main purpose for which a lot or the principal building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained in accordance with the provisions of these regulations.
PRIVATE PROBATION OFFICEA private company providing pre-sentence investigation reports or providing probation supervision pursuant to court order.
PROFESSIONALA member of a recognized profession including accountants, architects, dentists, doctors, engineers and lawyers.
PROFESSIONAL OR PUBLIC OFFICE AND/OR PERSONAL SERVICESAn office for the practice of professions such as architects, engineers, teachers, accountants, real estate agents, brokers or others duly trained and qualified to provide services of an executive or professional nature, or governmental offices. Also establishments providing personal services such as beauty/barber shops, spas, tanning, tailoring shoe repair or photography.
PROPERTYThat which can be owned, either by an individual or by a group in common.
PUBLIC OPEN SPACEAny publicly-owned open area including, but not limited to, parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
PUBLIC USEBuildings, structures and uses of land owned, operated and maintained by a government unit or government agency including, but not restricted to, public schools, fire stations, recreation sites and facilities and water treatment facilities.
QUALIFYING PATIENTShall have the same meaning as set forth in 19 CSR 30-95.010 as amended.
QUALIFYING PATIENT CULTIVATION IDENTIFICATION CARDAn identification card, authorized by Article
XIV, Section 1 of the Missouri Constitution, issued by DHSS allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by Article
XIV, Section 1 of the Missouri Constitution and DHSS, only to the extent authorized by applicable law.
REAL PROPERTY OR REAL ESTATENot only the land itself, whether laid out in town or City lots, or otherwise, with all things contained therein, but also buildings, structures, of whatsoever kind, thereon. Included therein is any vehicle or similar portable structure used or so constructed as to permit its being used as a dwelling place for one (1) or more persons, if such structure is resting in whole on a permanent foundation. (Also see definition "Permanent Foundation")
RECREATIONAL FACILITY, PRIVATEPark, open space, golf course, tennis court, swimming pool, clubhouse and other commonly associated facilities owned, operated and maintained in common by a residential development or other private party.
RECREATIONAL FACILITY, PUBLICPark, open space, golf course, tennis court, athletic club, swimming pool, rec-plex or other recreational facility owned and maintained by City, County or State Government.
RECYCLING CENTERA place where recyclable materials, but not compostable materials, may be collected, stored, sorted, compacted, shredded, bundled, packaged or otherwise processed. A recycling center does not include the use of machinery or furnaces for melting, milling, cutting or shredding of metals or similar industrial processes.
RECYCLING COLLECTION CENTERA place where recyclable materials, except hazardous wastes, may be dropped off for the sole purpose of collection. A recycling collection station does not include the sorting or processing of material at a station.
RECYCLING PROCESSING CENTERA recycling center where machinery or furnaces for the melting, milling, cutting of metals or similar industrial processed may be used.
RESEARCH FACILITY OR LABORATORYAn establishment for carrying on testing and investigation in the natural, physical or social sciences, and which may also include engineering and product development.
RESTAURANTA building or portion thereof used or designed for on-premise food and beverage service for compensation, not including drive-in restaurants.
RESTAURANT, DRIVE-INA restaurant where foods and beverages are customarily served or dispensed for consumption outside the enclosed structure. Sales and services may also be provided for consumption in a motor vehicle on the premises.
RIGHT-OF-WAYThe area of a vehicular way or other strip of land reserved for public use whether established by prescription, easement, dedication, gift, purchase, eminent domain or other legal means. (See also: STREET)
ROADAny street, highway, avenue, marginal access street, bridge, viaduct or segment thereof. (See also: STREET)
ROOMAn unsubdivided portion of a dwelling unit interior, excluding bathrooms, kitchens, closets, hallways and service porches.
ROOMING HOUSEA building, other than a hotel, where for compensation and by prearrangement, five (5) or more persons other than occasional or transient customers are provided with lodging.
SANITARY LANDFILLA type of operation, conforming to City permit and State licensing requirements, in which refuse and earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a designated portion of open land, each layer being compacted with force applied by mechanical equipment.
SETBACKThe distance in linear feet measured on a horizontal plane from any lot line to a building or structure on the lot.
SEWAGE, DOMESTIC OR SANITARYA combination of the waterborne human wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.
SEWAGE SYSTEM OR WORKS, SANITARYA facility designed for collection, removal, purifying treatment and disposal of waterborne sewage generated within a given service area, with storm, surface and groundwaters not intentionally admitted. (See also: UTILITIES)
SEWAGE/WASTE, INDUSTRIALThe liquid wastes from individual manufacturing processes, trade or business, as distinct from sanitary sewage.
SHALLIs always mandatory.
SHIPPING CONTAINERA portable storage container designed and manufactured according to specifications from the International Standards Organization (ISO) as a standard, reusable vessel intended to be loaded on a truck, rail car or ship, used primarily for shipping goods. The term "shipping container," includes, but is not limited to, cargo containers, railroad cars, semi-truck trailers, truck vans, converted mobile homes, any other enclosed type trailers, recreational vehicles, bus bodies, and similar prefabricated items and structures.
SHIPPING-CONTAINER HOMEA dwelling constructed of one (1) or more shipping containers that have been modified for residential use.
SHOOTING OR TARGET RANGEA place equipped with targets for firearm practice; can be operated as an indoor or outdoor facility.
SHOPPING CENTER/MALLA group of retail stores planned and developed for the site upon which they are built under unified control or ownership at the time zoning was approved by the City with a total gross floor area of greater than twenty thousand (20,000) square feet with off-street parking provided on the property. Stores may be under one (1) roof or in individual buildings.
SIGNAny structure, part thereof or device attached thereto, or painted or represented thereon, or any material or object illuminated or otherwise, displaying or including any numeral, letter, word, model, banner, emblem, insignia device, trademark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry, located upon any land, building or window. The flag, emblem or other insignia of a nation, governmental unit or educational, charitable or religious group shall not be included within the meaning of this definition.
SIGN, ADVERTISINGA sign directing attention to a business, commodity, service or entertainment.
SIGN AREAThe total surface area of the entire sign, including all parts and appurtenances thereof (except principal supports, the total cross-sectional area of which does not exceed one (1) square foot and on which there is no display of advertising material or any lighting). In the case of any sign having display surfaces which are not continuous (e.g., separated letter displays or separated display surfaces), sign area shall include a theoretical display surface equal to the area of the smallest enclosure into which the combined non-continuous display surfaces can be fitted, including intermediate structural supports.
SIGN, BILLBOARDAny advertising display structure with its facing outline in excess of twenty (20) square feet not related to a permitted principal use of the premises.
SIGN, BULLETIN BOARDA sign used to notify the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting or similar event.
SIGN, BUSINESSA sign directing attention to a business, profession, display or entertainment conducted upon a lot or to a commodity or service stores, sold or displayed on a lot. Only one (1) side of any double facing business sign shall be considered in the total sign area permitted for any business building or lot, provided the same theoretical message appears on both faces of the sign and further provided the sign shall be perpendicular to the traveled way toward which the sign is oriented with variations of less than five degrees (5°) permitted.
SIGN CLEARANCEThe vertical distance from the established finished grade of the ground or sidewalk to the lower edge of a sign.
SIGN COMBINATIONAny sign incorporating any combination of the features of the signs defined herein.
SIGN, CONSTRUCTIONA sign advertising the development or improvement of a property by a building contractor or other person furnishing services, materials or labor to said premises, intended for a limited period of display and erected on the same lot with the work being done.
SIGN, DIRECTIONALA sign containing only the name and location of and/or direction to a business, community, service or other activity and located other than on the premises where such business, service or other activity is conducted.
SIGN, FACEAny sign attached to the face of a building or structure in such a manner as to be approximately parallel to the plane of such building or structure face and not extending farther than one (1) foot from such face.
SIGN, FREESTANDINGA detached sign supported by one (1) or more uprights, poles or braces in or upon the ground and not attached to a building or other structure.
SIGN HEIGHTThe vertical distance measured from the highest point of the street curb level, the established or mean street grade in case the curb has not been constructed or the average finished ground level adjoining the sign if it sets back from the street line, to the level of the highest point of the sign.
SIGN, IDENTIFICATIONAn on-premises sign serving only to tell the name or use of any public/semi-public building or recreation space, club, lodge, church or institution or only to tell the name and/or address of an apartment house or hotel or to identify a parking lot, not including a sign identifying a commercial or industrial use or a commodity or service offered on the premises.
SIGN, ILLUMINATEDAny signage display using electrical or other illumination devices including luminous tubing, either attached or detached.
SIGN, INCIDENTAL USEA non-illuminated professional or announcement sign, not exceeding one-half (½) square foot in area and attached wholly to a building, including those pertaining only to the rent, lease or sale of property upon which displayed.
SIGN, MARQUEEA display sign attached to or suspended from a marquee, canopy or other covered structure projecting from and supported by the building and extending beyond the building wall or building line.
SIGN, NAME PLATEA sign servicing solely to designate the name of person or persons residing in a dwelling.
SIGN, POLEA sign supported wholly by a pole or poles; the surface of which is not a part of a building.
SIGN, PRINCIPAL USEA sign on the same premises with a principal use, announcing only the name of such principal use and/or the principal product sold or the principal service rendered by such principal use.
SIGN, PROJECTINGAll signs, other than face signs, suspended or supported by any building or wall and extending outward therefrom.
SIGN, REAL ESTATEA temporary sign indicating the availability for sale, rent or lease of the specific lot and/or building upon which the sign is erected or displayed.
SIGN, ROOFA sign erected upon or above a roof or parapet wall of a building or structure but not projecting over public property.
SIGN, SEPARATE USEAny sign, including a standard poster panel sign or fabricated sign (billboard) directing attention to a business commodity, service, entertainment or other activity, conducted, sold or offered elsewhere than on the premises where said sign is located.
SIGN, SUBDIVISIONA temporary sign advertising the general development, sale and/or subdivision of land and displayed or erected upon the subject property, as distinguished from a real estate sign, and to be replaced at a specified time by a permanent sign identifying said development or subdivision.
SIGN, TEMPORARYAny sign intended to be displayed for a short period, which period shall not be greater than three (3) months.
SIGN, WALLAny sign painted on, attached to or erected against the wall of a building or structure, with the exposed sign face parallel to the plane of said wall and extending not more than twelve (12) inches from the face of the wall.
SITE DISTANCE AREAOn a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision of vehicular traffic within the required site distance area per Section
405.050, Drawing ST-1.
SITE PLANA plan showing uses and structures proposed for a selected parcel, including lot lines, streets, building sites, reserved open spaces, buildings, major landscape features, both natural and manmade, and proposed utilities locations.
SOLID WASTEGarbage, refuse and other discarded material including, but not limited to, solid and liquid waste materials resulting from industrial, business, agricultural and residential activities.
SPACE(See: PUBLIC OPEN SPACE; PARKING SPACE)
STABLE, PRIVATEAn accessory building for keeping horses, ponies, mules or cows owned by occupants of the premises and not kept for remuneration, hire or sale.
STABLE, PUBLICA stable other than a private or riding stable as defined herein.
STABLE, RIDINGA structure where horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for remuneration, hire or sale.
STORAGE, UNENCLOSEDAn area outside of a building which is used for the storage of usable goods and materials but not for the storage of trash or other discarded material.
STORAGE UNITSAn enclosed structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if no floor is above it, then the space between any floor and the ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story, except any partial story used for residential purposes other than for a janitor or caretaker or his/her family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STRAW BALE A rectangular compressed block of straw, bound by ties.
STRAW-BALE HOME-A dwelling whose walls are constructed of bales of straw, compressed and wire-tied or string-tied into large units and built up on a concrete slab as if they were oversized bricks.
STREETAny public or private right-of-way which affords the primary means of access to abutting property.
STREET, COLLECTORA minor street which collects traffic from other minor streets and serves as the most direct route to a major street or community facility.
STREET, CUL-DE-SACA minor street having one (1) end open to vehicular traffic and having one (1) closed end terminated by a turnaround.
STREET, FRONTAGE OR SERVICEA minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas and for control of access.
STREET LINESA dividing line between a lot, tract or parcel of land and a contiguous street.
STREET, MAJORAn arterial street which is designated on the Major Street Plan or Comprehensive Plan.
STREET, MINORAny street not classified as a major street on the Major Street Plan or Comprehensive Plan.
STREET SURFACE WIDTHThat portion of any street designated for vehicular traffic and, where curbs are laid, that portion of any street between the curbs.
STRIP MALLA commercial development consisting of at least three (3) retail sales or service areas located in one (1) building with a total gross floor area of twenty thousand (20,000) square feet or less with separate main entrances to the exterior of the building with off-street parking provided on the property.
STRUCTUREAnything constructed or erected which required location on the ground or attached to something having a location on the ground; provided however, that utility poles, fences and walls (other than building walls) shall not be considered to be structures. Also, that which is the result of any construction, or any production or piece of work built up or composed of parts joined together in a definite manner; that which is built or constructed.
TATTOO PARLOR An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person; using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
TELECOMMUNICATIONS FACILITIESAny cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission which a person seeks to locate or has installed upon a tower or antenna.
TELECOMMUNICATIONS TOWERA self-supporting lattice, guyed or monopole structure which supports telecommunication facilities. The term tower does not include amateur radio operators' equipment or utility poles.
TEMPORARY BUILDING OR USEA use or building established for a delineated time span in connection with a specific purpose such as a construction project or real estate development, not to include facilities for sleeping or cooking.
TEMPORARY STRUCTUREA structure that has no foundation or footings and is intended to remain for a limited time terminating upon expiration of a specific time period. A temporary structure permit shall be required when a temporary structure is being used in a commercial application.
THEATERA building or part of a building devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis.
THEATER, OUTDOOR OR DRIVE-INAn open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
THOROUGHFARE PLANThe official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, adopted by the Planning and Zoning Commission, approved by the Board of Aldermen, and duly recorded in the office of the County Recorder of Deeds of Warren County.
TOPOGRAPHIC MAPA map showing all principal physical features of an area, including elevation.
TOURIST HOMEA building other than a hotel or motel where lodging is provided and offered for compensation to not more than twenty (20) transient guests, with only one (1) sign not more than two (2) square feet in area.
TRAILER(See: MOBILE HOME; VACATION VEHICLE)
TRAILER, CONSTRUCTIONA vehicle, other than a motor vehicle, designed or intended for temporary office space and/or storage, but not dwelling purposes, whether or not such vehicle is attached to or resting on the ground or something having a location on the ground, and is parked on the building site where construction work is occurring and requires a permit prior to its placement.
TRAILER, UTILITYA vehicle, other than a motor vehicle, designed or intended for general hauling, whether or not such vehicle is attached to or resting on the ground or something having a location on the ground, not to be used for living quarters.
TRANSIENT AMUSEMENT ACTIVITIESAn amusement, recreational or entertainment type of business or organization operating at one (1) venue for a fixed and short period of time. (A carnival, circus, rodeo, fair or traveling exhibition would all be examples of transient amusement activities.)
TRANSITIONAL LIVING FACILITYA residential structure specifically excluding substance abuse counseling and treatment where, for compensation and prearrangement for definite periods of time, professional support, education, lodging, transportation, meals, supervision and training or a combination of any items listed above are provided to create a stable living environment with the primary purpose of assisting adults in transitioning to independent living.
TRANSPORTATION INSTALLATIONS, MAJORIndustrial-type transportation facilities to include airports, bus terminals, flight strips and heliports, railroad terminals and yards and truck terminals.
TRUCK STOPA facility used for the fueling and servicing of trucks, including accessory uses such as truck wash, sleeping accommodations, showers, restaurant and gift shop.
TRUCK TERMINALAn area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
USEThe use of property is the purpose or activity for which the land, or building thereon, is designed, arranged or intended or for which it is occupied or maintained.
UTILITIES, MAJORPublicly or privately owned, operated and maintained facilities requiring licensing and monitoring beyond local levels and more selectively in their location within the community, such as sanitary landfills, sewage treatment plants and outfall sewers, radio and television transmitter towers, electrical substations and telephone exchanges, power generating plants and water towers.
UTILITIES, PRIVATEThose water, sewer, storm drainage, communication, power or other facilities privately-owned, operated and maintained for a specific service area and which comply with applicable public health standards.
VACATION OR RECREATIONAL VEHICLEAll vehicles used or constructed for use as conveyances upon public streets and highways and duly licensable as such and constructed for human occupancy as dwellings or sleeping places for one (1) or more person, provided further, this definition shall refer and include all portable contrivances used or intended to be used generally for temporary living and sleeping quarters and capable of being moved by its own power, towed or transported by another vehicle, including camping trailers of any sort and pickup campers; however, such vehicle may not be connected to utilities at the owner's property site or used as living quarters there or parked in any required front yard.
VACATION OR RECREATIONAL VEHICLE LAYOVER STOPA parcel of land consisting of at least one and one half (1.5) acres where no more than four (4) vacation or recreational vehicles are permitted to park at any time. A vacation or recreational vehicle may be parked at a layover stop temporarily for a period of not more than ninety-six (96) hours per parking occurrence. A parking occurrence shall begin when a vacation or recreational vehicle first parks at a layover stop and shall run continuously from the initial time of the parking occurrence, even though the vacation or recreational vehicle may be parked intermittently during the time duration. All vacation or recreational vehicles located on a vacation or recreational vehicle layover stop are required to be fully licensed and on its wheels, or the vacation or recreational vehicle's jacking system may be attached to the site by quick-disconnect-type utilities and security devices only, with no permanently attached additions. Parking of vacation or recreational vehicles at a layover stop must comply with all other regulations of the City of Warrenton City Code. No fee can be charged for a parking occurrence.
VACATION OR RECREATIONAL VEHICLE OR TRAVEL TRAILER PARKAn area licensed and used or offered for use in whole or part, with or without charge, for the parking of occupied travel trailers, pickup campers, converted buses, motor homes, tent trailers, tents or similar devices used for temporary, portable housing. Unoccupied mobile homes, travel trailers and similar devices may be stored in the park, but only in an area marked for storage. No repair, maintenance, sales or servicing of such devices are allowed in the park.
VARIANCEA modification or variation of the provisions of these regulations as applied to a specific piece of property.
YARDThe open space at grade remaining between the lot lines adjoining such space and the principal building or building lines on such lot, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided.
YARD, FRONTA yard extending between side lot lines and across the front of a lot and being the minimum horizontal distance between the street or lot line and the principal building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street the front door faces.
YARD, REARA yard extending between side lot lines and across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches; the rear yard being opposite the front yard.
YARD, SIDEA yard between the principal building and the side line of the lot, and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the principal building as measured from the eaves of such building. If no front yard is provided, the front boundary of the side yard shall be the front line of the building site, and if no rear yard is provided, the rear boundary of the side yard shall be the rear line of the building site.
ZONINGA unified set of regulations and maps establishing use groups by district designations and controlling the placement, height, bulk, coverage and performance and other standards for use of land and structures within each district.
ZONING APPEALAn official request for reconsideration filed with the Zoning Board after an application to the Zoning Enforcement Officer for a zoning permit has been denied for non-compliance with the requirements of the ordinance.
ZONING MAPThe City's official Zoning Map and all amendments thereto located in the office of the City Clerk.