The city council does ordain and enact into law the articles and sections of this chapter pursuant to authority conferred by the laws of the state (RSMo 89.010 et seq.), and to:

(1)

Promote the public health, safety, morals and general welfare;

(2)

Lessen congestion in the streets;

(3)

Secure from fire, panic and other dangers;

(4)

Provide adequate light and air;

(5)

Prevent the overcrowding of land;

(6)

Avoid undue concentration of population; and

(7)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements in accordance with the comprehensive plan.

(Code 2002, § 102-2; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-1), 12-20-2017)

(a)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. Where not defined in this section or in section 50-3, the language used in this chapter shall have the common and customary meaning.

(b)

The particular shall control the general.

(c)

If there is any difference of meaning or implication between the text and any caption or illustration, the text shall control.

(d)

The term "used for" includes the terms "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(e)

Wherever in this chapter any reference is made to any other section or provision of this chapter, such reference shall be deemed to include the provision or regulation to which reference is made.

(Code 2002, § 102-3; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-2), 12-20-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. All accessory buildings of a fixed nature or having a floor area of more than 80 square feet 120 square feet shall be subject to all provisions of the city's building codes and this chapter. Nonpermanent accessory buildings of 120 square feet or less shall be subject to yard and area requirements and other restrictions of this chapter. An accessory use includes, but is not limited to, the following:

(1)

A children's playhouse, garden house, and private greenhouse.

(2)

A civil defense shelter serving not more than two families.

(3)

A garage, shed or building for domestic storage.

(4)

In residential districts, permanently placed rail cars or shipping containers are prohibited.

(5)

Incinerators incidental to residential use.

(6)

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.

(7)

A nonpaying guesthouse or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units.

(8)

Off-street motor vehicle parking areas, and loading and unloading facilities.

Administrative structures and properties means a building, structure or property where federal, state or local government activities are conducted, where governments hold title to such lands.

Agricultural building or storage means the production, keeping or maintenance, for sale, lease or personal use, of plants and animals, including, but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; but excluding feedlots, stockyards, and animal slaughterhouses.

Airport means a place from which aircraft operate that has paved runways and maintenance facilities and serves as a terminal.

Alley means a permanent public service way or right-of-way, dedicated to public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of abutting property.

Alteration, as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or by change in use from that of one district classification to another.

Alteration, structural, means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Animal hospital (veterinary clinic) means an establishment where animals are admitted for examination and treatment by one or more veterinarians and where there are facilities to lodge animals that are being treated.

Animal shelter means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly-incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of animals.

Animal slaughter means an establishment or place of business primarily engaged in the slaughter and butcher of livestock for market.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit, and which contains complete kitchen, bath and toilet facilities, permanently installed.

Apartment building means a building arranged, intended or designed to be occupied by three or more families living independently of each other.

Area, building, means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, steps, walks, driveways, lampposts, and similar structures.

Artificial lake means a body of water created by the construction of a manmade dam.

Assisted living facility means a housing setting for individuals who need assistance with activities of daily living. Each resident may have their own room or rooms which could include bathroom, bedroom, living room and/or kitchen-dining areas.

Bar means an establishment where 50 percent or more of gross income is derived from the sale of alcoholic beverages by the drink, for consumption on the property, and the sale of package liquors may be accessory uses.

Basement means a story partly underground. A basement shall be counted as a story for the purposes of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.

Boardinghouse (roominghouse) means a building or premises where meals are served for compensation for five or more persons, but not exceeding 12 persons. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant.

Bottling plant means an establishment primarily engaged in the act or process of filling containers.

Building means a structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, each portion of such building shall be considered a separate structure.

Building materials, manufacturing, means an establishment or place of business primarily engaged in manufacturing building components, including, but not limited to, brick, stone, wood, shingles and their fasteners for construction.

Building materials, storage and sales, means an establishment or place of business primarily engaged in the retail sales or storage of building components, including, but not limited to, brick, stone, wood, shingles, concrete and their fasteners for construction.

Building official means the public official designated by the city council to issue building permits and carry out such inspections as required by the normal functions of the building department as provided in division 2 of article II of chapter 10.

Bulk oil storage means the storage of oil products in aboveground containers for subsequent resale (wholesale) to distributors or retail dealers or outlets.

Bus depot means a building used for the reception and forwarding of bus passengers.

Caretaker's quarters means a separate, complete dwelling unit that is substantially contained within the primary structure or property.

Carwash means an area or structure equipped with facilities for washing automobiles.

Cellular phone, radio or television tower means a structure with a fixed location which is designed primarily with the objective of obtaining an elevation above other objects to support an antenna or other device for receiving or transmitting radio, television, microwave or other telecommunications or signals.

Cemetery means property used for the interring of the dead, including mausoleums.

Church means a building or structure or a group of buildings or structures, which by design and construction is primarily intended for the conducting of organized religious services and accessory uses associated therewith.

Club and lodge mean a structure or property used for public or private noncommercial recreation and providing services to the patrons of such facility or area.

Cluster development means a development approach in which building lots may be reduced in size and buildings sited closer together, usually in groups or clusters, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning and subdivision regulations. The additional land that remains undeveloped is then preserved as open space and recreational land.

College means an educational institution that provides a postsecondary instructional program, including classroom, laboratory and administration buildings; lecture halls; libraries; dormitories; dining halls; student centers; auditoriums; chapels; gymnasiums; stadiums; fraternities; sororities; and other similar buildings and structures.

Commercial greenhouse. See Greenhouse.

Commission means the city planning commission.

Comprehensive plan means the complete plan, or any of its parts, prepared by the commission and adopted by the city council in accordance with the authority conferred by RSMo ch. 89.

Concrete mixing means the act or process of mixing cement, aggregate and water to produce concrete for use or sale.

Conditional use means a use whereby the commission may grant permission for a use that is listed as a conditional use in this chapter. The planning commission must review the application and determine whether specific conditions for protection of the area and maintenance of the character of the district are incorporated in the plans for the proposed use. It is not necessary to show practical difficulty or hardship, as the applicant is not asking for permission to violate this chapter, but rather it must be shown that the proposed use is included in the list of conditional uses of the district and that adequate safeguards are specifically included in the plans to ensure that the use will not be in any way a substantial detriment to the locality.

Contractor's yard means an area with its buildings and facilities set aside for a particular construction trade or activity.

Coverage means that percentage of the plot or lot area covered by the building area.

Cultural structures and properties means a building, structure or property, which by design and construction is primarily intended for cultural use, including, but not limited to, art galleries, libraries, museums, arboreta and botanical and zoological gardens, and performing arts theaters.

Dairy means a building, structure or property that is devoted to the raising of dairy cows and the production of milk.

Daycare, commercial (any number of people not residing at the facility), means the care of a person away from his own home for custodial, educational, religious or other purposes for any part of a 24-hour day on a regular, daily basis in exchange for payment. Subject to the following regulations:

(1)

State licensing. Commercial daycare uses shall be licensed by the state and shall meet all city, county, and state health department requirements pertaining to facilities, equipment, and other features.

(2)

Commercial daycare is allowed in commercial districts only.

(3)

Business license. A business license is required prior to the establishment of a commercial daycare.

(4)

Vehicle drop-off area. A loading zone capable of holding one car per ten licensed occupants shall be provided in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.

(5)

A fence must surround the play or outside area.

Daycare, general (five to ten people not residing in the residence), means the care of a person away from his own home for custodial, educational, religious or other purposes for any part of a 24-hour day on a regular, daily basis in exchange for payment. General daycare may be conducted in a dwelling unit that is occupied as a permanent residence by the daycare provider under a conditional use permit if approved by the planning commission and city council and subject to the following regulations:

(1)

State licensing. General daycare uses shall be licensed by the state and shall meet all city, county, and state health department requirements pertaining to facilities, equipment, and other features.

(2)

Business license. A business license is required prior to the establishment of a general daycare.

(3)

There shall be no signage.

(4)

There shall be no employees, except that an assistant may provide care during necessary absences of the regular daycare provider.

(5)

A fence must surround the play or outside area.

(6)

There shall be no more than one daycare within 440 feet of another daycare (closest corner of lot to closest corner of lot).

Daycare, limited (one to four people not residing in the residence), means the care of a person away from his own home for custodial, educational, religious or other purposes for any part of a 24-hour day on a regular, daily basis in exchange for payment. Limited daycare uses may be conducted in a dwelling unit that is occupied as a permanent residence by the daycare provider and subject to the following regulations:

(1)

The use will be considered a home occupation and be subject to the home occupation provisions defined in this section.

(2)

A business license/home occupation is required prior to the establishment of a limited daycare.

(3)

There shall be no more than one daycare operation within 440 feet (closest corner of lot to closest corner of lot) of another daycare.

District means a section of the city for which uniform regulations governing the use, design, height, area and intensity of use by buildings and land and open spaces about buildings are established in this chapter.

Drainage right-of-way means the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

Duplex, two-family (household), means a building designed exclusively for residence purposes by two families or housekeeping units living independently of each other.

Dwelling means a building designed or used exclusively as the living quarters.

Dwelling unit means a building or portion thereof providing complete housekeeping facilities for one family, with separate toilets and facilities for cooking and sleeping.

Employee living quarters means a separate, complete dwelling unit that is substantially contained within the primary structure or property.

Equipment storage means a building, structure or property which is intended for the storage of equipment.

Fabrication plant means an establishment or place of business primarily engaged in the act or process of manufacturing products from raw materials.

Family means one or more persons who live together in one dwelling unit and maintain a common household; may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption; may also include domestic servants and gratuitous guests.

Feed mill means an establishment or place of business primarily engaged in the production and storage of food for livestock.

Fence means a structure, typically of posts and wire or boards, that creates a barrier or defines a boundary.

Field, row and tree crops means the production for sale, lease or personal uses of plants, including, but not limited to, forages and sod crops; grains and seed crops; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental or greenhouse products; or lands developed to a soil conservation or forestry management program.

Financial institution means an establishment where the act or process of raising or providing funds occurs.

Floodplain means land area that is subject to a one-percent or greater chance of flooding in any given year. The floodplain is delineated by the extent of the base flood or that flood which has a one percent chance of being equaled or exceeded in any given year; also known as the "100-year flood" or "regional flood."

Floor area means the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings.

(1)

In particular, the floor area of a building shall include the following:

a.

Basement space.

b.

Elevator shafts and stairwells at each floor.

c.

Floor space for mechanical equipment, with structural headroom of seven feet, six inches or more.

d.

Penthouses.

e.

Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet, six inches or more.

f.

Interior balconies and mezzanines.

g.

Enclosed porches.

h.

Accessory uses, not including space for accessory off-street parking.

(2)

The floor area of a building shall not include the following:

a.

Elevator and stair bulkheads, accessory water tanks and cooling towers.

b.

Floor space used for mechanical equipment, with structural headroom of less than seven feet, six inches.

c.

Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches.

d.

Uncovered steps.

e.

Terraces, breezeways and open spaces.

f.

Accessory off-street parking spaces.

g.

Accessory off-street loading berths up to 200 percent of the amount required by division 5 of article IV of this chapter.

Floor area ratio (FAR) means the total area of the building on that zoning lot divided by the area of such lot.

Food processing means establishments or places of business primarily engaged in performing a series of actions or operations to produce a particular product from raw foods.

Forestry means the development, cultivating or management of growing timber.

Frontage means all property abutting on one side of a street or place between two intersecting streets or places (crossing or terminating), or if the street or place is dead ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.

Garage, private, means an accessory building, housing not to exceed four motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.

Grain elevator means a structure which by design and construction is primarily intended for the storage of processed grains.

Greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

Heavy equipment sales and repair means an establishment or place of business primarily engaged in the sale and repair of heavy equipment, including, but not limited to, tractors, backhoes, bulldozers and tractor-trailers.

Highway entrance means a point of access to a main direct state or federal highway.

Home occupation means an accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and in connection therewith meets the following limitations:

(1)

No person other than someone related by blood, marriage, adoption or custodial relationship to the person conducting the home occupation and who also resides in the dwelling unit shall be employed on the property except that an outside assistant may be allowed for a general daycare only in the absence of the regular caregiver who resides in the home.

(2)

The home occupation shall be conducted entirely within the principal residential building or in a permitted accessory building.

(3)

No sign shall advertise the presence or conduct of the home occupation, except that a two square-foot nameplate shall be allowed.

(4)

No stock in trade, equipment, or commercial trash shall be stored in a manner visible to the public or in such a manner to cause a nuisance to neighbors.

(5)

No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.

(6)

The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure.

(7)

The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service or private vehicles.

(8)

Not more than one vehicle shall be utilized in the business and parked at the residence.

(9)

No customer parking areas shall be provided.

(10)

No home occupation shall generate traffic, parking, sewage, water use or noise in excess of what is normal in a residential neighborhood.

(11)

A business license shall be obtained as required by other sections of this Code or city ordinances.

Home, single-family (household), means a building designed exclusively for residence purposes by one family or housekeeping unit.

Hospital means institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facility. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer, and the like.

Hotel means a building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, contrary to a boardinghouse or lodginghouse.

Impervious surface means any part of a lot that is covered by buildings, structures, parking areas, driveways and any other surfaces which will reduce or prevent the absorption of stormwater.

Incineration (garbage disposal) means a furnace or a container for burning waste materials.

Industrial park means a group of unrelated buildings or properties engaged in manufacturing, warehousing, shipping or related processes, usually located near a major transportation corridor for the purposes of receiving raw material and shipping final products.

Junk, auto salvage, means a place where waste, discarded or salvaged materials, inoperative or wrecked motor vehicles and their parts, inoperative machinery or trailers and their parts are dismantled, stored, bought, sold, exchanged, bailed, packed, disassembled or handled, including all auto salvage yards, wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of lawn furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operations.

Jurisdiction means the jurisdictional area to which this chapter applies (i.e., the city).

Kennel, commercial, means any lot, building, structure, enclosure or premises where five or more dogs over the age of six months of age are kept for commercial purposes, including boarding, breeding, wholesale and retail sales of goods or animals, or the rendering of services for profit, or any facility which is classified as a regulated business by the department of agriculture.

Kennel, private, means a shelter at or adjoining a private residence where more than four but less than 11 dogs over six months of age are bred and/or kept for hunting, training, and exhibition for organized shows; field, working and/or obedience trials; or for the enjoyment of an identifiable species of dog or cat. No wholesaling of animals is allowed.

Leather products means an establishment or place of business primarily engaged in the act or process of working leather into a useful or desired form.

Liquefied petroleum storage means the storage of liquefied petroleum products in aboveground containers for subsequent resale (wholesale) to distributors or retail dealers or outlets.

Liquor shop means an establishment where alcoholic beverages are sold for consumption off the property.

Livestock means farm animals kept or raised for use or profit.

Loading berth means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lot means a parcel of land identified by a number on a subdivision plat or survey recorded in accordance with this chapter.

Lot area means the computed area within the lot lines.

Lot, corner, means a lot at the junction of and having frontage on two or more intersecting streets.

Lot coverage means the percentage of the lot area covered by the building area. See Floor area ratio (FAR).

Lot, depth of, means the mean horizontal distance between the front line and the rear lot line, measured in the general direction of the side lot lines.

Lot width means the dimension of a lot measured between side lot lines on the building line.

Lumber mill means an establishment or place of business primarily engaged in the act or process of producing lumber from raw timber.

Manufactured home means a factory-built structure that is manufactured or constructed under the authority of 42 USC 5401, is built on a permanent chassis and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or 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. Any reference in this chapter to manufactured homes shall also include mobile homes.

Marijuana or marihuana means cannabis indica, cannabis sativa, and cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed 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 on a dry weight basis, or commodities or products manufactured from industrial hemp.

Marijuana-infused products means 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.

Materials processing means establishments or places of business primarily engaged in a series of actions or operations to produce a particular end product.

Mechanical equipment shop means a commercial establishment primarily engaged in the production or repair of machinery.

Medical marijuana cultivation facility means 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.

Medical marijuana dispensary facility means 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 section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused projects manufacturing facility.

Medical marijuana-infused products manufacturing facility means 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 Test Facility, or to another Medical Marijuana-Infused Projects Manufacturing Facility.

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

Medical office orclinic means a facility organized and operated for the primary purpose of providing health services in one or more medical or dental specialty for out-patient medical or dental care of the sick or injured, and including related facilities such as laboratories and other service facilities operated in connection with the clinics.

Metal-working means an establishment or place of business primarily engaged in the act or process of working metal into a useful or desired form.

Mineral or topsoil removal and storage means a place of business primarily engaged in the stripping, mining and storage of topsoil or minerals for use in construction or manufacturing processes.

Mixed-use residential means residential units located above the primary use commercial units on the ground floor. Structures containing mixed-use residential must give the exterior appearance of the primary commercial use.

Mobile home means a transportable, factory-built home, designed to be used as a yearround residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. In many cases, mobile homes were built to a voluntary industry standard of the American National Standards Institute (ANSI) A119.1 Standards for Mobile Homes. A travel trailer is not to be considered a mobile home.

Modular home means factory-built housing certified as meeting city building codes for modular housing. Once certified by the building department, modular homes shall be subject to the same standards as site-built homes and shall be considered as single-family detached dwellings.

Monument making and storage means an establishment or place of business primarily engaged in the act or process of making and storing monuments.

Mortuary means a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, but does not include facilities for cremation.

Motel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including a trailer court or recreational vehicle park, hospital, asylum, orphanage, or building where persons are housed under a restraint.

Net site area means the total area which is within the property lines of a developable site, but not including any streets or right-of-way which may be included within said area.

Nonconforming use means a building or use of land that does not conform to the regulations for the district in which is situated.

Nursery means a place where trees, shrubs or flowering plants are raised for commercial purposes from seed or otherwise in order to be transplanted or propagated.

Nursing home means an installation other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury, or infirmity.

Office, business, means an office for conducting the affairs of business or an establishment engaged in rendering services to business establishments such as advertising, data processing, employment service, management and consulting services and protective services.

Office, medical, means an office for a physician, physical therapist, chiropractor, surgeon or any other medical professional of the same general character. Medical offices do not include significant diagnostics, testing or outpatient surgery facilities normally associated with medical clinics or hospitals.

Office, professional, means an office of a member of a recognized profession, such as an accountant, architect, attorney, engineer, insurance agent, real estate agent, personal or family counselor, public stenographer or any other profession, which is of the same general character.

Office, sales, means an office accessory to a manufacturing, production, processing, cleaning, servicing, testing, repair or storage activity where sales are primarily generated by telephone or off site by salespersons with only incidental retail sales on-site.

Off-street parking means a building, structure or property, which by design and construction is primarily intended for the parking of motor vehicles in operating condition in an area that is not used as a public or private thoroughfare.

Open space means any occupied space on a lot that is unobstructed to the sky except for the ordinary projection of cornices and eaves. The term "open space" does not include areas covered by structures, decks, porches, parking areas, driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership shall also be included as open space.

Packaging operations means an establishment or place of business primarily engaged in the act or process of packing products for presentation or transportation.

Parking lot means any place, lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles, where such usage is not incidental to or in conjunction with a dwelling, or other usage permissible in dwelling districts and located on the same tract.

Parking space means an off-street space available for the parking of one motor vehicle, and having an area of not less than 180 square feet inclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Poultry means domesticated birds kept or raised for use or profit.

Printing and publishing means an establishment that utilizes either printing presses and other equipment to print material and/or bind books, or that provides duplicating or document production services using photocopy, blueprint, word processing or offset printing equipment to collate booklets and reports.

Public consumption means, for example, the amendment specifically prohibits the public consumption of medical marijuana. Therefore the City of West Plains also prohibits public consumption. It is important to note in regards to public consumption, that the amendment does not differentiate between the different means of consumption when it imposes this ban. Therefore consumption in public, by any means, is prohibited. A city could therefore not only ban consumption in public, but also prohibit dispensaries from allowing consumption on their premises.

Public service structures and properties means a building, structure or property maintained for or used by the people of the city on a noncommercial basis.

Public utility transmission lines means electric power lines, telephone lines, fiber optic cables, or any other wires or cables or conduits for the conveyance of electric power or the communication of messages, data or signals, and appurtenant equipment.

Qualifying patient means a Missouri resident diagnosed with at least one qualifying medical condition.

Railroad terminal means a building at either end of a carrier line having facilities for the handling of railroad freight or passengers.

Railroad tracks means a permanent road having a line of rails fixed to ties and laid on a roadbed and providing a track for cars or equipment drawn by locomotives or propelled by self-contained motors.

Recreational structures and properties means buildings, structures or properties, which by design and construction are primarily intended for recreational use, including, but not limited to, stadiums, public and private parks, playgrounds, golf courses, athletic clubs, fitness centers, indoor sports facilities, athletic fields and facilities.

Restaurants and eating places means establishments where food and drink are prepared and served for consumption on or off the property. If alcoholic beverages are served, more than 50 percent of gross income must be derived from the sale of food and nonalcoholic beverages, for consumption on the property, for the establishment to be classified as a restaurant.

Retail sales and service means a building, structure or property intended for the following types of uses: bakery, package liquor, books, candy, dairy products, drugs, groceries, flowers, gifts, jewelry, hobby materials, meat, fish and poultry, newsstands, wearing apparel, shoes, clothing, toys, pipe and tobacco, and video rental.

Rifle, skeet, trap and pistol range means a structure or property for the purpose of allowing individuals to practice shooting at targets.

Roadside stand (agricultural products) means a temporary structure located along the side of the road for the sale of seasonal produce, including, but not limited to, fruits of all kinds, including grapes, nuts and berries, and vegetables.

Sawmill means a mill for the purpose of sawing logs.

School means any building which is regularly used as a public, private or parochial elementary and/or secondary school, high school or university.

Screen planting means the installation of a vegetative material for the purpose of sheltering, protecting or hiding something from view.

Self-service laundry and dry cleaning means a business that provides home-type washing, drying and/or ironing machines and/or dry cleaning machines for hire to be used by customers on the premises.

Service station means a building, premises or portions thereof which are used or arranged, designed or intended to be used for the retail sale of gasoline or other motor vehicle, motorboat or aircraft fuels.

Shopping center means a group of retail stores and service establishments, with off-street parking facilities, designed to serve a community or neighborhood.

Shopping mall means an urban shopping area featuring a variety of shops surrounding a concourse for pedestrian traffic within a large building or group of buildings.

Single-family homes; storage container means a single-family residence constructed utilizing metal shipping containers. The developer of such structures must provide proof to the city building official that the dwelling will meet all building and life safety codes.

Single-family home; tiny means a single-family residence considerably smaller than typical dwellings, constructed with the intent of realizing a reduction in cost or footprint, or other factors as identified by the developer. Tiny homes shall be subject to the same regulations as other single-family residences.

Stable, private, means any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently.

Stockyard means a confined land area for fattening cattle or other animals or temporarily holding such animals for shipping.

Storage building means a structure for storage incidental to a permitted use.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between any floor and the ceiling next above it.

Street means a right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. For the purpose of this chapter, streets shall be classified as follows:

(1)

Arterial streets are those designated for large volumes of traffic movement between neighborhoods. Certain arterial streets may be classified as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting property.

(2)

Collector streets are important streets planned to facilitate the collection of traffic from neighborhood streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.

(3)

Local streets are those designated primarily to provide access to abutting properties.

Street entrance means a point of access to a main direct city street or road.

Street grade means the officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

Structure means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

Structure height means the vertical distance measured from the average elevation of the proposed or existing finished grade at the front of the structure to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

Subdivision means the division of any parcel of land shown as a unit, as part of a unit, or as contiguous units on the last preceding transfer of ownership thereof into two or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership. The following shall not be construed as subdivisions:

(1)

The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites.

(2)

The division of land by court order or by testamentary or intestate provisions, provided that no new streets or roads are involved.

Subdivision ordinance means an official ordinance within the city, with regulations and requirements and procedures for the establishment of subdivision controls.

Taxicab stand means a building, structure or property used for the reception and forwarding of taxicab passengers.

Temporary construction building means a temporary structure or building located on a construction site primarily intended for use as an office to conduct the management and coordination of various construction trades for that particular construction project.

Townhouse means multifamily dwelling units intended for sale as individual single-family dwelling units, each unit having its own yard (front and rear) and each having its own lot number designated on a recorded subdivision plat.

Triplex, three-family (household), means a building designed exclusively for residence purposes by three families or housekeeping units living independently of each other.

Truck freight terminal means a building at either end of a carrier line having facilities for the handling of truck freight.

Use means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Variance means permission granted to depart from the literal enforcement of this chapter and allow the property to be used in a manner otherwise forbidden upon findings by the board of adjustments, relating to standards in this chapter.

Veterinary or animal hospital or clinic means a facility that meets or exceeds all physical requirements and minimum standards as established by board rule for veterinary facilities; provides quality examination, diagnostic and health maintenance services for medical and surgical treatment of animals and is equipped to provide housing and nursing care for animals during illness or convalescence.

Warehouse means a building or structure used for the storage of merchandise or commodities.

Wastewater treatment plant means a structure or property that collects water that has been used (sewage) and clarifies it prior to release into the natural drainage system.

Wholesale sales means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wood processing means a structure, building or property, which by design and construction is primarily intended for processing wood.

Woodworking means an establishment primarily engaged in the act or process of working wood into a useful or desired form.

Yard means a space on the same lot with a building, which is open and unoccupied other than by steps, walks, terraces, driveways, lampposts, and similar structures, the depth of which is the least distance between the front lot line and the building line.

Yard, front, means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward as specified in this chapter.

Yard, rear, means a yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by accessory buildings which do not occupy more than 30 percent of the required space, and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.

Yard, side, means a yard between the principal building and the side lot line, extending from the front yard or from the front lot line, where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally and perpendicular, at 90 degrees with the side lot line, from the nearest part of the principal building.

Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zoning district map means a map entitled "Zoning District Map," dated January 13, 1970, and any amendment thereto.

(Code 2002, § 102-4; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-3), 12-20-2017; Ord. No. 4620, § 1, 7-20-2019)

The interpretation and application of the sections of this chapter shall be held to be the minimum requirements, adopted for the promotion of public health, morals, safety and the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances of the city, the most restrictive or that rule, regulation or ordinance imposing the higher standards shall govern.

(Code 2002, § 102-5; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-4), 12-20-2017)

The owner or agent of a building or premises in or upon which a violation of this chapter has been committed or shall exist or the lessee or tenant of an entire building or entire premises in or upon which a violation of this chapter has been committed or shall exist or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation of this chapter or who maintains any building or premises in or upon which a violation of this chapter shall exist shall be deemed guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00; nor more than $250.00 for each and every day that such violation continues or imprisonment for ten days for each and every day such violation continues or by both such fine and imprisonment, in the discretion of the court. Any such person, having been served with an order to remove any such violation, failing to comply with the order within ten days after such notice or continuing to violate any section of this chapter in the respect named in such order shall be subject to a civil penalty of $250.00.

(Code 2002, § 102-6; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-5), 12-20-2017)

Except as provided in this chapter:

(1)

No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified for the district in which it is located as specified in divisions 2 through 10 of article III of this chapter.

(2)

No building shall be erected or altered to:

a.

Exceed the height;

b.

Accommodate or house a greater number of families;

c.

Occupy a greater percentage of lot area; or

d.

Have a narrower or smaller rear yard, front yard, side yard, inner or outer court; than is specified for the district in which such building is to be located.

(3)

No part of a yard or other open space about any building required for the purpose of complying with the standards in this chapter shall be included as a part of a yard or other open space similarly required for another building.

(Code 2002, § 102-7; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-6), 12-20-2017)