Definitions. As used in this Chapter, the following terms shall have the meanings indicated:
ABANDON
To discontinue a use for more than a specified period of time, or to vacate a right-of-way, easement or other interest in real property.
ACCESSORY BUILDING
A subordinate building which serves a function customarily incidental to that of the main building. Customary accessory buildings include garages, carports and small storage sheds.
ACCESSORY USE
A subordinate use which serves an incidental function to that of the main use of the premises. Customary accessory uses include tennis courts, swimming pools, air conditioners, barbecue ovens and fireplaces.
AGRICULTURAL USE
The use of a tract of land of not less than five (5) acres for the growing of crops, pasturage, nursery, or the raising of poultry, including the structures necessary for carrying out farming operations and the residence or residences of those owning or operating the premises, a member of the family thereof, or persons employed thereon and the family thereof, but such use shall not include feedlots as defined by State Statute.
ALLEY
A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is twenty (20) feet or less in width.
ALTERATION
As applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another, shall be considered as an alteration.
ALTERNATIVE FINANCIAL SERVICES
Provision of nonbank financial services, such as check cashing, payday advance or loan, money transfer, motor vehicle title loan, or credit access businesses. An alternative financial services establishment does not include State or Federally chartered banks, savings and loans, and credit unions. An alternative financial services establishment does not include an establishment that provides financial services that are accessory to another main use.
ANIMAL RAISING
A facility or area for raising animals (including fish, birds and bees) and the development of animal products, such as meat, fur or eggs on a commercial basis. Typical uses include beef, horse or sheep ranching; piggeries; poultry; dairy; and fish farming. This use does not include raising animals to sell as pets.
ANIMAL SERVICES
The boarding and care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking and storage areas.
ASSEMBLY
A room or place such as a ballroom, auditorium, party room, gaming room or convention hall that is intended or used to accommodate people in a group.
AUCTION HOUSE
An establishment where the real or personal property of others is sold by a broker or auctioneer to persons who attend scheduled sales or events.
BASEMENT
Any story of a building having more than one-half (1/2) of its height below grade and which serves as substructure or foundation for the remainder of the building.
BLOCK
A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
BOARD
Board of Aldermen of the City of Warsaw.
BOARD OF ADJUSTMENT
That Board which has been created by the governing body having jurisdiction and which has the statutory authority to hear and determine appeals and variances to the zoning regulations.
BREWERY, DISTILLERY OR WINERY
An establishment that produces alcoholic beverages in conjunction with a restaurant, retail sales or tasting room. The liquor may be distributed to other locations and be sold on site.
BREWPUB
An establishment where beer and malt beverages are made on the premises in conjunction with a restaurant or bar and where forty percent (40%) or more of the beer produced on site is sold on site. Where allowed by law, brewpubs may sell beer to go and/or distribute to off-site accounts.
BUILDING
Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
CHILD DAY CARE CENTER
A child day care center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four-hour day.
CHURCH or PLACE OF WORSHIP
At a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship. Unless the organization is reasonably available to the public in its conduct of worship, its educational instruction, and its promulgation of doctrine, it cannot fulfill the associational role that Courts have increasingly adopted as a threshold for determining when an organization qualifies as a church. The definition of the word church includes synagogues and mosque.
CITY ENGINEER
The person responsible to perform the duties of the City Engineer, including any and all special engineers as appointed by the governing body.
COGENERATION FACILITY
A structure in which electricity or mechanical power and thermal energy (heating or cooling) are generated from a single fuel source.
COMMON AREA
An area, including all improvements, designed for the use and enjoyment of residents in or users of a residential or nonresidential structure.
COMMON OPEN SPACE
An area of land or water or combination thereof planned for passive or active recreation, which does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
COMMUNITY SERVICES
Buildings, structures or facilities owned, operated or occupied by a governmental entity or nonprofit organization to provide a service to the public.
COMMUNITY SUPPORT SERVICES
Community-based organizations focused on improving the quality of life for community residents.
COMPREHENSIVE PLAN
The Warsaw Comprehensive Plan, as amended.
CONDOMINIUM
A single dwelling unit under individual ownership within a multiple-dwelling-unit structure. A multiple-family structure with two (2) condominiums shall be considered a two-family dwelling and a structure with more than two (2) condominiums shall be considered a multiple-family dwelling.
CONFERENCE CENTER
A facility used for conferences and seminars which may include accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities and meeting rooms.
CONGREGATE LIVING FACILITY/SENIOR HOUSING
A noninstitutional, independent group living environment that integrates shelter and service needs of functionally impaired and/or socially isolated elders who do not need institutional supervision and/or intensive health care.
CUL-DE-SAC
A vehicular turnaround which is located at the closed end of a dead-end street or alley.
DATA CENTER
A facility whose primary service is data processing and is used to house computer systems and associated components, such as telecommunications and storage systems, including but not limited to web hosting organizations and Internet service organizations. A server farm, telecom hotel, carrier hotel, telehouse co-location center, or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center.
DAY-CARE CENTER
A building or place where care, supervision, custody or control is provided for more than four (4) unrelated children or adults for any part of a twenty-four-hour day up to twelve (12) hours.
DAY-CARE NURSERY
A residence or building in which care, supervision, custody or control is provided for four (4) or fewer unrelated children or adults for any part of a twenty-four-hour day up to twelve (12) hours. Babysitting service for four (4) or fewer infants shall be considered a day-care nursery.
DEMOLITION
The razing or destruction, whether entirely or in significant part, of a building, structure, site, or object, and includes the removal of the building, structure, or object from its site or the removal or destruction of the facade or surface.
DENSITY
The number of dwelling units allowed on a site based on the gross acreage of the site.
DESIGN
The location of streets, alignment of streets, grades and widths of streets, alignment of easements, grades and widths of easements, alignment and rights-of-way for drainage and sanitary sewers and the designation of minimum lot area, width and length.
DIGITAL PRODUCTION
Uses focused on digital production, such as software and internet content development and publishing; computer system design and programming; and graphic and industrial design.
DIRECTOR
The City of Warsaw City Administrator/Planner or his or her designee.
DISTRICT
A section or sections of the zoning area for which these regulations governing the use of land, the height of buildings, the size of yards and the intensity of use are uniform.
DOG
Any canine species over twelve (12) months of age.
DWELLING
A building or portion thereof, not including mobile homes, which is designated and used exclusively for residential purposes.
DWELLING FOR THE ELDERLY AND/OR HANDICAPPED
A two-family or multiple-family residential building having accommodations for and occupied exclusively by elderly or handicapped residents and necessary maintenance personnel. Elderly residents are those people who are at least sixty-two (62) years of age. Handicapped persons are those people having an impairment which is expected to be of long, continuous and indefinite duration, is a substantial limitation to their ability to live independently, and is of a nature that such ability could be improved by more suitable housing.
DWELLING, ACCESSORY DWELLING UNIT
A residential unit that is located on the same lot as a single-family dwelling unit, either internal to or attached to the single-family unit or in a detached structure. The accessory dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and bathroom facilities.
DWELLING, LIVE/WORK
A use that combines a commercial activity allowed in the zone with a residential living space for the owner of the commercial business or the owner's employee and that person's household where:
1.
The resident owner or his or her employee is responsible for the commercial activity performed; and
2.
The commercial activity conducted takes place subject to a valid business license associated with the premises.
DWELLING, LOFT
A residential dwelling that is located above the ground floor of a multistory building.
DWELLING, MULTIFAMILY
A residential building having accommodations for and occupied exclusively by more than three (3) or more families independently.
DWELLING, SINGLE-FAMILY ATTACHED
A portion of a residential building having accommodations for and occupied exclusively by one (1) family and which is located on a separate lot of record apart from the remaining portions of the building. Each such dwelling may be sold independent of other portions. Typical structures include duplex and townhouse.
DWELLING, SINGLE-FAMILY DETACHED
A residential building having accommodations for and occupied exclusively by one (1) family and that is not attached to any other dwelling by any means.
DWELLING, TOWNHOUSE/ROW HOUSE
A building that has two (2) or more single-family dwelling units erected in a row as a single building on adjoining lots, each unit being separated from the adjoining unit(s) by a fire wall (to be constructed in accordance with building code requirements) along the dividing lot line, and each such building being separated from any other building by space on all sides. Each individual townhouse unit has individual front and rear access to the outside. Townhouse units are typically surrounded by common areas owned and maintained by a property owners' association.
DWELLING, TWO-FAMILY OR DUPLEX
A residential building having accommodations for and occupied exclusively by two (2) families independently.
EARTH-SHELTERED RESIDENCE
A residence designed as a complete structure below or partially below ground level, whose perimeter walls comply with the yard requirements of the district in which it is located, and which was not intended to serve a substructure or foundation for a building.
EASEMENT
A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
EDUCATIONAL FACILITY
Public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.
ENERGY PRODUCTION, RENEWABLE
Energy produced from resources that are regenerative or for all practical purposes cannot be depleted.
EROSION
The process by which land surface is worn away by the action of water, wind, ice or gravity.
FACADE
The side of a building below the eaves.
FAMILY
One (1) or more persons related by blood, marriage or adoption living together as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit, plus in either case, usual domestic servants. A family shall under no circumstances be construed as a boardinghouse, fraternity or sorority house, club, lodging house, hotel, motel or commune.
FARMERS' MARKET
An outdoor market open to the public, operated by a governmental agency, a nonprofit corporation, or one (1) or more producers.
FILL
A portion of land surface to which soil or other solid material has been added; the depth above the original ground.
FINAL PLAT
A plan or map prepared in accordance with the provisions of this regulation and those of any other applicable local regulation, which plat is prepared to be placed on record in the office of the Recorder of Deeds of the County.
FINANCIAL SERVICES
Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. Accessory uses may include automatic teller machines, offices and parking. The use may or may not be allowed to have a drive-through facility, depending on the zone district.
FLOOR AREA
For computing off-street parking requirements, shall mean the gross floor area of the building measured from the exterior face of the exterior walls or from the center line of walls separating two (2) buildings and shall include the following areas:
2.
The area of each floor of the structure.
3.
The attic space having headroom of seven (7) feet or more.
FOOD AND BEVERAGE PREPARATION
Businesses that serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices and parking. Specific use types include: bakery products; beverage manufacturing, nonalcoholic; candy and other confectionary products; canning and preserving of fruits, vegetables and seafood; coffee roasting and coffee products; and dairy products.
FOOD TRUCK
Licensed motorized vehicle or mobile food unit from which food items are sold to the general public.
FOSTER HOME
A residence or building in which more than twelve-hour care is provided to no more than five (5) children, two (2) or more of whom are unrelated to the foster parents. Foster homes shall be permitted in all residential structures, the same as would a family.
FRONTAGE
The length of the property abutting on one side of a street measured along the dividing line between the property and the street.
GASOLINE SERVICE STATION
A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced. Self-service pumps without buildings shall also be included. Such service shall not include tire recapping, body repairs or major overhaul.
GOVERNING BODY
The Board of Aldermen of Warsaw, Missouri.
GROUP CARE HOME
A residence or building in which twelve- to twenty-four-hour care is provided to more than five (5) children or adults, any three (3) of which are unrelated.
GROUP LIVING
This category is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff.
HEADSHOP
A retail outlet that specializes in selling or advertising for sale paraphernalia for the consumption of tobacco and cannabis.
HEALTH CARE FACILITY
Characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, or other physical or mental conditions. Accessory uses may include laboratories, outpatient or training facilities and parking or other amenities primarily for the use of employees in the firm or building.
HISTORIC PROPERTY
A structure, site or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to Warsaw, the region, or Missouri for one (1) or more of the following reasons:
2.
It is a structure representative of its era that is part of the historic downtown area of Warsaw;
3.
It is one (1) of a few remaining examples of a past architectural style; or
4.
It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historic development and heritage of Warsaw, the region, or the State of Missouri.
HOME OCCUPATION
A business, profession, service or trade conducted for gain or support entirely within a residential building.
HOOKAH or SHISHA
A water pipe in which flavored tobacco is burnt using charcoal. The smoke is passed through an ornate water vessel and inhaled through a hose.
HOOKAH PARLOR or LOUNGE
An establishment where patrons may purchase or consume hookah or shisha alone or communally.
HOSPICE
A facility that provides twenty-four-hour nursing and supportive care and other services in a home-like setting to persons who have a medical diagnosis of terminal illness.
HOTEL
A building or portion thereof or a group of buildings used as a transient abiding place which may or may not serve meals, and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court or other similar designation.
HOUSEHOLD LIVING
This use category is characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles.
IMPROVEMENTS
Street work, utilities, sidewalks, drainage structures and other physical modifications which are to be installed or constructed by the subdivider for the benefit of the lot owners and for the proper development of the community as a condition precedent to the approval and acceptance of the final plat.
INDUSTRIAL SERVICE
Industrial service firms are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Contractors and similar uses perform services off-site. Few customers come to the site. Accessory activities may include sales, offices, parking and storage.
KENNEL, BOARDING
Any place, area, building, or structure where dogs [including those under one (1) year of age] are boarded, housed, cared for, fed or trained by other than the owner.
KENNEL, BREEDING
Any place, area, building or structure where more than four (4) dogs are kept for purposes of breeding, raising or as pets.
LOT
Real estate in the original town, now City, additions thereto or subdivisions in the City of Warsaw, that is a platted lot, or contiguous lots or contiguous portions thereof or contiguous unplatted tracts that have identical ownership. Land shall not be deemed contiguous if completely separated by a street, road or alley or only joined at a corner.
LOT OF RECORD
A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds; or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds prior to the adoption of this regulation.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and the rear lot lines.
LOT, DOUBLE-FRONTAGE
A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.
LOT, ZONING
A parcel or tract of land used, developed or built upon as a unit under single ownership or control. Said parcel or tract may consist of one (1) or more lots of record, one (1) or more portions of a lot or lots or record or any combination thereof.
MAINTENANCE AND REPAIR, GENERAL
An establishment, whether for consideration or not, that provides maintenance and repair services such as:
MANUFACTURED HOME
A factory-built structure that is manufactured or constructed under the authority of 42 U.S.C. § 5401 and is to be used as a place for human habitation but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home.
MANUFACTURING, ARTISAN
Spaces used by artists for the creation of art or the practice of their artistic endeavors.
MANUFACTURING, GENERAL
Establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semifinished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, such activity is a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Specific use types include:
MANUFACTURING, HEAVY
A facility or area for generally mass producing goods usually for sale to wholesalers or other industrial or manufacturing uses. Specific use types include:
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seeds thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
MARIJUANA, MEDICAL CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
MARIJUANA, MEDICAL DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing faculty, or a medical marijuana-infused products manufacturing facility.
MARIJUANA-INFUSED, MEDICAL PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-infused products manufacturing facility.
MARIJUANA, MEDICAL TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
MARIJUANA, MEDICAL: PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such on the primary caregiver's application for an identification card.
MARIJUANA, MEDICAL: QUALIFYING PATIENT
A Missouri residence diagnosed with at least one (1) qualifying medical condition per State of Missouri regulations.
MARIJUANA OVERLAY DISTRICT
Authorized uses as provided for in 405.050-1 Table, and further described as follows:
Commencing at the intersection of the most northern point of the City limits of the City of Warsaw that intersects with the City limits bordering the western side of State Highway 65; thence run south along the City limit border most adjacent to State Highway 65 to the most eastern point of a tract of land lying south of State Highway 7, containing fourteen (14) acres, and following said tract to the most south eastern point; then following the property line of said fourteen (14) acre tract west to the southwest point of said fourteen (14) acre tract and continuing across Commercial Street to the most southwest corner of a tract containing four and three-tenths (4.3) acres; thence run north along the western border of said four and three-tenths (4.3) acre tract and continue north along the western border of a tract containing three and eight-tenths (3.8) acres (the current location of Orschein Farm and Home); continue north across State Highway 7 following the eastern border of a tract containing six and five-tenths (6.5) acres; continue north along the eastern border of a tract containing twenty-seven (27) acres, inclusive of the area lying east of Tower Drive, and continue north along the eastern border of said tract to the most north east point; then west along the northern border of said twenty-seven (27) acre tract to the City limits of the City of Warsaw; thence North along the border of the City limits of Warsaw, crossing Polk Street, and continue north along the eastern border of a nineteen (19) acre tract to the U.S. Access Road; then crossing the U.S. Access Road; thence east along the northern border of the U.S. Access Road to Commercial Street, lying north of the U.S. Access Road, thence north along Commercial Street to the most northerly border of the City limits of Warsaw; thence east to the point of beginning.
MEDICAL CLINIC
Any building designed for use by one (1) or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, and in which no patients are lodged overnight, but which may include an apothecary.
MICROBREWERY
An establishment where beer and malt beverages are made on the premises and then sold or distributed, and which produces fewer than fifteen thousand (15,000) barrels [a barrel is approximately thirty-one (31) gallons] of beer per year. Microbreweries sell to the public by one (1) or more of the following methods:
1.
The traditional three-tier system (brewer to wholesaler to retailer to consumer);
2.
The two-tier system (brewer acting as wholesaler to retailer to consumer); and
3.
Directly to the consumer.
MOBILE HOME
A transportable, factory-built home more than eight (8) feet in width and more than thirty-six (36) feet in length designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards of 1974, which became effective June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without a permanent foundation.
MOBILE HOME PARK
Any area, piece, parcel, tract or plot of ground equipped and required for support of mobile homes and used or intended to be used by one (1) or more occupied mobile homes, but under no circumstance shall the mobile home spaces be sold or offered for sale individually. The term "mobile home park" does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purposes of storage, inspection or sale.
MOBILE HOME SPACE
A plot of ground within a mobile home park which can accommodate one (1) mobile home and which provides the necessary utility services for water, sewerage and electricity.
MODULAR HOME
Factory-built housing bearing the seal issued by the Missouri Public Service Commission indicating compliance with the State of Missouri Modular Standards and Regulations for Modular Homes.
NONCONFORMING LOT OF RECORD
An unimproved lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations and neither said lot nor parcel complies with the lot width or area requirements for any permitted use in the district in which it is located.
NONCONFORMING STRUCTURE
An existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.
NONCONFORMING USE
An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.
NURSING HOMES or CONVALESCENT HOMES
An institution or agency licensed by the State for the reception, board, care or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics addiction.
OFFICE, BUSINESS AND PROFESSIONAL
A facility that provides executive, management, administrative or professional services not specifically listed elsewhere in this Code, but not involving the sale of merchandise except as incidental to a permitted use. Examples include:
OPEN SPACE
An area of land or water or combination thereof planned for passive or active recreation but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas, or required front, rear or side yards.
PARKS AND OPEN SPACE
Park and open space uses focus on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters and parking.
PEDESTRIANWAY
A right-of-way dedicated to public use which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
PERSONAL SERVICES, GENERAL
Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receive goods from or return goods to the customer, which have been treated or processed at that location or another location. Specific use types include:
PLANNING AND ZONING COMMISSION
The Warsaw, Missouri, Planning and Zoning Commission.
PRELIMINARY PLAT
A map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it; this map need not be based on accurate or detailed final survey of the property.
PRIVATE CLUB
A nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or premises or portion thereof, the use of such building or premises being restricted to members and their guests. The affairs and management of such private club are conducted by a Board of Directors, Executive Committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve goods and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided that it is secondary and incidental to the promotion of some other common objective by the organization and, further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and municipal laws.
PROHIBITED USE
Any use that is not a permitted use, a conditional use, or recognized as a similar use in a zoning district, and shall not be established in such district.
RECREATION AND ENTERTAINMENT, INDOOR
Uses that provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking and maintenance facilities.
RECREATION AND ENTERTAINMENT, OUTDOOR
Uses that provide recreation or entertainment activities outside of an enclosed environment. Accessory uses may include concessions, snack bars, parking and maintenance facilities.
RELIGIOUS ASSEMBLY
A facility or area for people to gather together for public worship, religious training, or other religious activities, including a church, temple, mosque, synagogue, convent, monastery or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. Accessory uses may include meeting rooms and child care provided for persons while they are attending assembly functions. Schools and other child-care services are not accessory uses and shall require approval as separate principal uses.
RESTAURANT
A public eating establishment at which the primary function is the preparation and serving of food.
RESTAURANT, DRIVE-IN
An establishment whose primary purpose is the sale, dispensing or service of food, refreshments or beverage in automobiles, including those establishments where customers may serve themselves, except that this shall not be construed to include what is commonly called a "cafeteria."
RETAIL SALES
Retail sales firms are involved in the sale, lease or rent of new or used products to the general public. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale.
RETAIL SALES, LARGE-SCALE, GENERAL
Retail sales firms are involved in the sale, lease, or rent of new or used products to the general public. Large-scale retail is typically located outside of downtown Warsaw in a structure that has at least ten thousand (10,000) square feet of gross floor area. Accessory uses may include offices, parking, storage of goods and assembly, repackaging or repair of goods for on-site sale. Specific use types include:
RETAIL SALES, SMALL-SCALE, GENERAL
Retail sales firms are involved in the sale, lease, or rent of new or used products to the general public. Small-scale retail is typically located in downtown Warsaw or a neighborhood commercial area in a structure that smaller than ten thousand (10,000) square feet in gross floor area. Accessory uses may include offices, parking, storage of goods and assembly, repackaging or repair of goods for on-site sale. Specific use types include:
SALVAGE YARD
A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, handled or prepared for recycling, which shall include auto wrecking yards but shall not include retail secondhand furniture stores or the purchase and storage of used or salvage materials as a part of a manufacturing operation.
SETBACK LINE
A line on a plat generally parallel to the street right-of-way indicating the minimum open space to be provided between buildings or structures and the edge of the street right-of-way.
SHELTER FACILITY
Facility that provides temporary, overnight shelter and accommodations.
SHELTER, ANIMAL
A facility that is used to house or contain animals and is owned, operated or maintained by a nonprofit corporation for the purpose of providing temporary kenneling and care for the animals and finding permanent adoptive homes for them.
SIGHT TRIANGLE
An area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and eight (8) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the center line of the streets, ninety (90) feet in each direction along the center line of the streets.
SIGN
As to the definition of "sign," see Section 407.020 of this Code.
SOLAR ARRAY
A freestanding, ground-mounted solar collection system consisting of a linked series of photovoltaic modules with a rated capacity of up to ten (10) kilowatts, the primary purpose of which is to provide for the collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling, or water heating on-site; however, the energy output may be delivered to a power grid to offset the cost of energy on-site.
STREET
A right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.
STREET LINE
A dividing line between a lot, tract or parcel of land and the contiguous street.
STREET NETWORK
A system of streets shown in the Warsaw Comprehensive Plan.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration:
1.
Attachment of new front where structural supports are not changed.
2.
Addition of fire escapes where structural supports have not changed.
3.
New windows where lintels and support walls are not materially changed.
4.
Repair or replacement of nonstructural members.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items, such as utility poles, streetlight fixtures and street signs.
SUBDIVIDER
A person, firm, corporation, partnership or association who causes land to be divided into a subdivision for itself or for others.
SUBDIVISION
The division of a tract of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term "subdivision" includes "resubdivision," and the term "resubdivision," as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use or other purposes which varies from the latest approved plat of the same.
TAVERN
An establishment in which the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as "key clubs," which are open and in which alcoholic and cereal malt beverages are served only to members and their guests.
TEMPORARY METEOROLOGICAL (MET) TOWER
Structures used to mount atmospheric sensors to measure wind and other local conditions.
URBAN AGRICULTURE/COMMUNITY GARDEN
An area managed and maintained by a group of individuals to grow and harvest food crops or nonfood crops (e.g., flowers) for personal or group consumption, for donation, or for sale that is incidental in nature. A community garden area may be divided into separate garden plots or orchard areas for cultivation by one (1) or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (e.g., hand tool storage sheds) maintained and used by the group. Community gardens may be principal or accessory uses and may be located on a roof or within a building.
UTILITY, MAJOR FACILITY
Infrastructure services that have substantial land use impacts on surrounding areas. Typical uses include but are not limited to water and wastewater treatment facilities, major water storage facilities and electric generation plants.
UTILITY, MINOR FACILITY
Infrastructure facilities and services that need to be located in the area where the service is to be provided, such as water and sewer pump stations; electrical transforming substations; wind energy conversion systems; solar collector systems; water conveyance systems; or gas regulating stations.
VEHICLES AND EQUIPMENT
This category includes a broad range of uses for the maintenance, sale or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage and offices.
VISITOR ACCOMMODATION
For-profit facilities where lodging, meals and the like are provided to transient visitors and guests for a defined period.
WHOLESALE SALES AND DISTRIBUTION, GENERAL
Uses engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales. Wholesale showrooms are also included in this use category. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses may include offices, truck fleet parking and maintenance areas. Specific use types include:
WIND-ENERGY SYSTEM, COMMERCIAL
A wind-energy conversion system consisting of more than one (1) wind turbine and tower that will be used primarily for off-site consumption of power or a wind energy system that has a rated capacity in excess of one hundred (100) kilowatts.
WIND-ENERGY SYSTEM, SMALL
A wind-energy conversion system consisting of one (1) wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than one hundred (100) kilowatts and that is intended to primarily reduce on-site consumption of utility power.
YARD
A space on the same lot with a main building open, unoccupied and unobstructed by buildings or structures from the ground upward.
YARD, FRONT
A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the building setback line.
YARD, REAR
A yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and the rear setback line.
YARD, SIDE
A yard extending from the front yard, or front lot line where no front yard is required, to the rear yard.
ZONE OR DISTRICT
A section of the zoning area for which uniform regulation governing the use, height, area, size and intensity of use of buildings, land and open space are herein established.
ZONING ADMINISTRATOR
The person or persons authorized and empowered by the governing body having jurisdiction to administer the requirements of these zoning regulations.
ZONING AREA
The area to be zoned as set out on the official Zoning District Map filed of record.