[R.O. 1998 § 400.010; CC 1988 App. A
§1; Ord. No. 1424 §1, 9-5-1989; Ord.
No. 1507 §1(a), 11-5-1990; Ord. No. 1689 §2, 7-6-1993; Ord.
No. 1795 §1(a), 3-6-1995; Ord. No. 1828 §1, 8-7-1995; Ord.
No. 1925 §1, 1-6-1997; Ord. No. 1930 §1(a), 2-3-1997; Ord.
No. 1958 §1, 7-7-1997; Ord. No. 2055 §1, 1-4-1999; Ord.
No. 2074 §1, 7-6-1999; Ord. No. 2262 §1, 11-4-2002; Ord.
No. 2449 §2, 12-26-2006]
For the purposes of this Chapter,
certain terms and words are hereby defined. Words used in the present
tense shall include the future; the singular number shall include
the plural and the plural the singular; the word "building" shall
include the word "structure" and the word "shall" is mandatory and
not directory.
A subordinate building, the use of which is incidental to
and customary in connection with the principal building or use and
which is located on the same lot with such principal building or use.
A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located
in the same lot with such principal building or use.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
A mercantile use structure physically connected to a covered
mall structure and containing at least one hundred thousand (100,000)
square feet of floor area with both exterior and main mall entrances.
A dwelling or building containing two (2) or more dwelling
units, each having a separate kitchen and bath facility.
The sale of new or the sale of new and used vehicles, motor
homes, recreational vehicles, horse trailers and motorcycles.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons or property. When a structure is
divided into separate parts by unpierced walls extending from the
ground up, each part is deemed a separate building.
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
An accessory building constructed as a post and beam supported
roof structure, open on at least two (2) sides, to be used for the
storage of motor vehicles, boats and trailers.
A business establishment engaged in check cashing operations
for a fee, as a primary or substantial element of its business, and
which is not licensed as a bank, savings and loan association or credit
union by the applicable State or Federal agency. The term "check cashing
establishment" shall not be considered an office within the meaning
of the Zoning Code.
A group of structures physically connected by wall and/or
roof as a planned commercial environment with a common covered pedestrianway
as its focal point and containing at least one million (1,000,000)
square feet of gross leaseable floor area for tenant use.
Any section of the City of St. Ann within which the zoning
regulations are uniform.
The surfaced portion of a lot constructed for the purpose of access to a garage, attached or detached, on a lot or for the purposes of temporary parking. See Section 400.100 for additional requirements for driveways.
A building or portion thereof designated or used exclusively
for residential occupancy, but not including trailers, mobile homes,
hotels, motels, boardinghouses, fraternities, sororities, or tourist
homes.
A building, or portion thereof, designed for or occupied
by three (3) or more families.
A building designed for or occupied exclusively by one (1)
family. This definition shall also include "group homes" as defined
herein.
A building designed for or occupied exclusively by two (2)
families.
A room or suite of rooms used as a single-family dwelling
including bath and culinary accommodations.
[Ord. No.
3067, 11-6-2017]
An individual living as a single
non-profit housekeeping unit in a dwelling unit; or
Two (2) or more persons related by
blood, marriage, adoption or foster care relationship living together
as a single non-profit housekeeping unit in a dwelling unit; or
A group of not more than three (3)
persons who need not be related by blood, marriage, adoption or foster
care relationship, living together as a single non-profit housekeeping
unit in a dwelling unit; or
Two (2) unrelated individuals plus
the biological, adopted or foster children of either such individuals,
living together as a single, non-profit housekeeping unit in a dwelling
unit.
Any building or premises used for the dispensing, sale or
offering for sale at retail of any automobile fuels, oils, or accessories,
including lubrication of automobiles and replacement or installation
of minor parts and accessories, but not including major repair work
such as motor replacement, body and fender repair or spray painting.
Any bank, savings and loan association or credit union duly
licensed by the applicable State or Federal agency as a bank, savings
and loan association or credit union. The term "financial institution"
shall not include check cashing establishments, pawnshops, short-term
loan establishments or title lenders.
The distance along a street line from one (1) intersecting
street to another or from one (1) intersecting street to the end of
a dead-end street.
Shall include any home in which eight (8) or fewer unrelated
mentally or physically handicapped persons reside, and may include
two (2) additional persons acting as houseparents or guardians who
need not be related to each other or to any of the mentally or physically
handicapped persons residing in the home.
An occupation or business activity carried on at residential
premises, which is clearly incidental to the principal use of the
dwelling as a residence and which complies with the standards established
in the Zoning Code for permitted home occupations.
An establishment consisting of a group of attached or detached
living or sleeping accommodations, each with a bathroom, located on
a single lot and designed for use by the travelling public and tourists,
and furnishing customary hotel services.
A non-profit establishment for public use.
A space having a minimum dimension of twelve (12) feet by
thirty-five (35) feet and a vertical clearance of fourteen (14) feet,
within the main building or on the same lot providing for the standing,
loading or unloading of trucks.
Land occupied or intended for occupancy by a use permitted
in this Chapter , including one (1) main building, together with its
accessory buildings, the yards, parking and loading spaces required
herein and having its principal frontage upon a street or upon an
officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
line.
An interior lot having frontages on two (2) streets.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder or a parcel
of land, the deed of which was recorded in the office of the County
Recorder prior to the adoption of this Chapter.
The width of a lot at the front yard line.
The unobstructed area needed for a truck to back, in a single
movement, directly from the access street into a loading space, the
depth of which is measured perpendicular to and from the front of
said loading space to the curb side of the most remote traffic lane
in the access street.
An establishment which has a fixed place of business having
a source of income or compensation which is derived from the practice
of any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulation of external parts
of the human body with the hands or with the aid of any mechanical
electric apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotion, ointment or other similar preparations commonly used in the
practice of massage under such circumstances that it can be reasonably
expected that the person to whom the treatment is provided or some
person on his or her behalf will pay money or give any other consideration
or gratuity; provided that this term shall not include any establishment
defined in this code or operated or supervised by a medical or chiropractic
practitioner or professional physical therapist licensed by the State
of Missouri.
When this term is used in this Chapter, it shall mean as
set forth in Section 324.240, RSMo., as amended.
The lawful use of land or a building, or a portion thereof,
which use does not conform with the use regulations of the district
in which it is situated.
A building or buildings in which elderly, chronically ill
and disabled persons who are patients therein will be provided full
support living facilities including twenty-four-hour nursing supervision.
The nursing home and facility may include as an adjunct thereto dwelling
units for rent or lease to persons age sixty-two (62) years or over,
or chronically ill, or disabled persons, including a spouse of any
such person, who can lead reasonably independent lives, and require
minimal support facilities, supervision, maintenance and nursing care.
Because the dwelling units are an adjunct thereto, they must be maintained
and remain under the control and supervision of the operator of the
full support nursing home and facilities.
A concrete or asphalt surfaced area, unenclosed or enclosed
in the main building or in an accessory building having a rectangular
area of not less than two hundred (200) square feet and a minimum
width of ten (10) feet, exclusive of driveways, permanently reserved
for the temporary storage of one (1) automobile and connected with
a street or alley by a surfaced driveway not less than twenty-four
(24) feet in width for cars parked at a ninety degree (90°) angle,
nor less than eighteen (18) feet in width for cars parked at an angle
of forty-five degrees (45°) or less, to afford satisfactory ingress
and egress for such parked vehicles. In parking structures, one-half
(1/2) of the area occupied by supporting columns may be included in
determining the width and area of each adjacent parking space, and
the minimum height of such space shall be seven (7) feet.
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
A residential structure occupied by persons having as their
primary and regular vocation the religious life or ministry under
a religious superior.
Any premises, other than an assisted-living facility, intermediate-care
facility, or skilled nursing facility, which is utilized by its owner,
operator or manager to provide twenty-four-hour care to three (3)
or more residents, who are not related within the fourth degree of
consanguinity or affinity to the owner, operator, or manager of the
facility and who need or are provided with shelter, board, and with
protective oversight, which may include storage and distribution or
administration of medications and care during short-term illness or
recuperation, except that, for purposes of receiving supplemental
welfare assistance payments under Section 208.030, RSMo., only any
residential care facility licensed as a residential care facility
II immediately prior to August 28, 2006, and that continues to meet
such licensure requirements for a residential care facility II licensed
immediately prior to August 28, 2006, shall continue to receive after
August 28, 2006, the payment amount allocated immediately prior to
August 28, 2006, for a residential care facility II under Section
208.030, RSMo.
When operated by a not-for-profit corporation, providing
continuing care, supervised twenty-four (24) hours per day by qualified
persons, is located on one (1) acre of land for each such residential
group home. A qualified person shall mean a person qualified by education,
training and experience, or any combination thereof, for the position
which they hold in the residential group home. Group homes for occupants
eighteen (18) years old or under shall be licensed by the Missouri
Department of Social Services.
Apartment dwelling units for independent living for persons
age sixty-two (62) or older, each apartment to contain separate kitchen
and sanitary facilities.
A room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes. Each such rooming unit shall contain or have unrestricted
access to bathroom facilities.
Any school other than a public school, including schools
owned and operated by a business establishment, a foundation or an
institution, as well as private or parochial elementary, junior or
senior high schools, or private and parochial colleges and universities.
Any school operated by a public school district or by a City,
County, State or Federal government agency.
An adult bookstore or adult video store. "Adult bookstore" or
"adult video store" means a commercial establishment which, as one
of its principal business activities, offers for sale or rental for
any form of consideration any one or more of the following: books,
magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, videocassettes, compact discs, digital video discs,
slides, or other visual representations which are characterized by
their emphasis upon the display of specified sexual activities or
specified anatomical areas. A principal business activity exists where
the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed are
characterized by their emphasis upon matter exhibiting specified sexual
activities or specified anatomical areas;
An adult cabaret.
An adult motion picture theater. "Adult motion picture theater"
means a commercial establishment where films, motion pictures, videocassettes,
slides, or similar photographic reproductions, which are characterized
by their emphasis upon the display of specified sexual activities
or specified anatomical areas are regularly shown to more than five
persons for any form of consideration.
A semi-nude model studio. "Semi-nude model studio" means a place
where persons regularly appear in a state of semi-nudity for money
or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where persons
appearing in a state of semi-nudity do so in a modeling class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
A sexual encounter center. "Sexual encounter center" means a
business or commercial enterprise that, as one of its principal purposes,
purports to offer for any form of consideration physical contact in
the form of wrestling or tumbling between two or more persons when
one or more of the persons is semi-nude.
A business, other than a pawnbroker, engaged in making short-term
loans to the public as a primary or substantial element of its business
and which is not licensed as a bank, savings and loan facility or
credit union by the applicable State or Federal agency. It includes,
but is not limited to, lenders licensed by the Missouri Division of
Finance pursuant to Sections 408.500 — 408.505, RSMo., 2002.
The term "short-term loan establishment" shall not be considered an
office within the meaning of the Zoning Code.
All property dedicated or intended for public or private
street, highway, freeway or roadway purposes or subject to public
or private easements thereon.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
That portion of a building, other than a cellar included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half-story may be used
for occupancy only in conjunction with and by the occupants of the
floor immediately below.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including but without limiting,
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas, but shall not include fences.
An establishment, other than a pawnbroker, engaged in the
business of making title loans, including but not limited to businesses
licensed pursuant to Sections 367.500 — 367.533, RSMo. The term
"title lender establishment" shall not be considered an office within
the meaning of the Zoning Code.
A vehicle designed or manufactured primarily for the towing
of other vehicles.
[Ord. No.
3202, 9-8-2020]
The annual sale of more than four (4) used vehicles not in
conjunction with an automotive sales establishment.
Any self-powered vehicle moving on wheels or runners used
as a means of transport.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring a yard for the purpose
of determining the width of a side yard, the depth of a front yard
or the depth of a rear yard, the minimum horizontal distance between
the lot line and the main building shall be used.
A yard extending the full width of the lot between a principal
building and the front lot line.
A yard extending the full width of the lot between a principal
building and the rear lot line. On corner lots the rear yard shall
be considered as parallel to the street upon which the lot has its
least dimension. On both corner lots and interior lots, the rear yard
shall in all cases be at the opposite end of the lot from the front
yard.
An open space between the front and rear yards of a lot and
between the side lot lines and the main building or any projections
thereof.
