[Ord. No. 303 §§1 —
2, 2-26-2001]
This Chapter and any amendments thereto shall be known, cited,
and referred to as the "Zoning Code of the City of Green Park".
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
This
Chapter is adopted for the following purposes:
1.
To protect, provide for and promote the public safety, health, convenience,
comfort, morals, prosperity and general welfare of the residents of
the City of Green Park, Missouri.
2.
To encourage the most appropriate use of land, to conserve and stabilize
the value of property, to provide adequate open spaces for light and
air, to prevent undue concentration of population, to avoid excessive
congestion of streets, to minimize traffic in residential areas, to
secure safety from fire, flood and other dangers, and to assist in
the provision of adequate community utilities and facilities such
as transportation, water, sewage, schools, parks and other amenities
in the City of Green Park.
3.
To guide the future growth, development and redevelopment of the
City in accordance with the City's Comprehensive Plan and, in so doing,
to implement the plan.
4.
To protect and conserve the value of buildings and improvements,
and to minimize the adverse impact of development on adjoining or
nearby properties.
5.
To establish a beneficial relationship between the uses of land and
buildings, and the public street system; to require the proper location
and design of streets and building lines; and to make adequate provision
for pedestrian traffic circulation.
6.
To encourage the wise use and management of natural resources; to
provide adequate and safe recreational areas; to maintain the natural
beauty and topography of the City, and to ensure appropriate development
with regard to these natural features; to minimize the pollution of
air, ponds and streams; to ensure the adequacy of stormwater drainage
and detention facilities.
[Ord. No. 303 §§1 —
2, 2-26-2001]
The provisions of this Chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare. Whenever the regulations of this Chapter require a higher
standard than that required by other regulations, order of a public
official, private deed restriction or private covenants, this Chapter
shall govern. If the requirements of such other regulation, order,
private deed restriction or private covenant are the more restrictive,
then those requirements shall govern. This provision does not require
and shall not be interpreted to require the City to enforce private
deed restrictions.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
Except as may otherwise be provided in Article IX of this Chapter "Non-Conformities", from and after the effective date of this Chapter, February 22, 1996, all new structures erected, all uses of land or structures established, all structural alterations to or the relocation of existing structures, and all enlargements of or additions to existing uses shall be subject to all regulations of this Chapter that are applicable to the zoning districts in which such structures, uses or land shall be located.
B.
However,
where a building permit for a structure has been legally issued in
accordance with applicable laws and regulations in effect prior to
the effective date of this Chapter, February 22, 1996, or the effective
date of any amendments thereto and provided that construction is begun
within one (1) year of the date of the building permit and diligently
pursued to completion, such structure may be completed in accordance
with the approved plans on the basis of which the building permit
was issued. Upon completion, the structure may be occupied under a
certificate of occupancy for the use originally designated, subject
thereafter to all provisions of this Chapter.
[Ord. No. 303 §§1 —
2, 2-26-2001]
In the event any court of competent jurisdiction should hold
any Article, Section, clause or provisions of this Chapter to be invalid,
the same shall not affect the validity of the Zoning Code, as a whole
or any part thereof, other than the part so declared to be invalid.
[Ord. No. 303 §§1 —
2, 2-26-2001; Ord. No.
385 §1, 2-20-2003; Ord. No. 619 §2, 8-16-2010; Ord. No. 623 §1, 9-20-2010]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
To physically touch or border upon; to share a common property
or lot line.
A way or means of approach to provide physical entrance to
a property.
A subordinate building, the use of which is incidental to
and customary in conjunction with the main building or use and which
is located on the same lot as the main building or use.
A subordinate use of a building or land which is:
Incidental to the main use,
Customarily in the City associated with the main use, and
Located on the same lot as the main building or use.
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A building housing an accessory use is considered an integral
part of the main building when it has any part of a wall in common
with the main building, or is under an extension of the main roof
and designed as an integral part of the main building.
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An extension or increase in floor area or height of a structure.
Having a common border or end point, or across a road, street,
sidewalk, right-of-way or thoroughfare.[1]
Magazines, books, videotapes, movies, slides, paraphernalia
or other media which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
The following words associated with adult entertainment or
uses shall have these definitions:
Adult bookstore. An establishment that, as
a regular and substantial business purpose, offers for sale or rent
books, magazines, periodicals or other printed matter, photographs,
slides, films or videotapes that are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas". The derivations
of, modifications of, or terms directly associated with adult bookstore
shall maintain the following definitions.
Adult encounter parlor. An establishment that,
as a regular and substantial portion of its business, provides premises
where customers congregate, associate or consort with employees and/or
performers or private contractors who display "specified anatomical
areas" in the presence of such customers with the intent of providing
sexual gratification or stimulation to such customers.
Adult entertainer. Any person who provides
adult entertainment within an adult entertainment business as defined
in this Article, whether or not a fee is charged or accepted for entertainment.
Adult entertainment. Any live exhibition, performance,
display or dance of any type including, but not limited to, talking,
singing, reading, listening, posing, serving food or beverages, soliciting
for the sale of food, beverages or entertainment, pantomiming, modeling,
removal of clothing, or any service offered for amusement on a premises
where such exhibition, performance, display or dance is intended to
seek to arouse or excite the sexual desires of the entertainer, other
entertainers or patrons, or if the entertainment involves a person
who is nude or in such an attire, costume or clothing as to expose
to view any "specified anatomical area".
Adult entertainment business. Any enterprise
to which the public, patrons or members are invited or admitted, and
where providing "adult entertainment", as defined herein, is a regular
and substantial portion of its business.
Adult entertainment cabaret. An establishment
that, as a regular and substantial portion of its business, is providing
adult entertainment which features strippers, male or female impersonators,
go-go dancers, live performances or material that is primarily characterized
by an emphasis on "specified sexual activities" or "specified anatomical
areas".
Adult entertainment studio. Includes the terms
rap studio, exotic dance studio, sensitivity studio and/or encounter
studio. An establishment whose premises is physically arranged to
provide booths, cubicles, rooms, compartments or stalls separate from
the common areas of the premises, and where a regular and substantial
portion of its business is providing entertainment which features
materials or live performances characterized by an emphasis on or
features materials relating to "specified sexual activities" or the
exhibition of "specified anatomical areas".
Adult media outlet. An establishment that has
as a regular and substantial business purpose the rental, sale or
offering for viewing or other use off the premises of any film, motion
picture, video cassette, slide, or photographic reproduction that
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
Adult motel. An establishment that, as a regular
and substantial portion of its business, is offering public accommodations
for consideration for the purpose of viewing closed circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions that are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas"; and rents room accommodations
for less than six (6) hours at a time.
Adult motion picture theater. An establishment
from which a screen or projection area can be viewed where a regular
and substantial portion of its business is the exhibition to customers
of films, videotapes or motion pictures that are intended to provide
sexual stimulation or sexual gratification to the customers and that
are distinguished by or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
Adult newsrack. Any coin- or card-operated
device that offers for sale by dispensing printed material that is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
Adult newsstand. A freestanding structure,
vehicle or booth that, as a regular and substantial business purpose,
offers for sale, books, magazines, periodicals or other printed material
that are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
Adult retail establishments. An establishment
that, as a regular and substantial business purpose, offers for sale
or rent any one (1) or more of the following: lotions, dolls, instruments,
devices, gifts, clothing or paraphernalia that are designed for use
or packaged or displayed in such a way as to lead a reasonable person
to believe that it is to be used in connection with "specified sexual
activities"; lotions, dolls, instruments, devices, gifts, paraphernalia
or clothing, the packaging of which graphically depicts "specified
anatomical areas"; or any of the materials sold or rented in an adult
bookstore as defined herein.
Adult theater. An establishment located in
an enclosed building that, as a regular and substantial portion of
its business, provides the live performance of activities relating
to "specified sexual activities" or exhibition of "specified anatomical
areas" for observation by customers and patrons.
Any person who has reached eighteen (18) years of age.
See "STREET".
Any addition, removal, extension or change in the location
of any portion of a structure.
See Chapter 405.
See "DWELLING".
See "DWELLING".
The owner of land, or the owner's authorized agent, or any
person authorized by this Chapter for which an approval in relation
to this Chapter is sought.
The space remaining on a zoning lot after the minimum open
space, setback and all other lot requirements have been satisfied.
An establishment or place of business primarily engaged in
the production of works of art which may require mechanical equipment
or individuals and assistants, including the sale to consumers of
those works produced.
See "JUNK YARD".
An establishment or place of business primarily engaged in
automotive related sales or services. The following automotive use
types shall be defined as follow:
Automotive body and paint center. An establishment
or place of business with fifteen thousand (15,000) square feet or
more of gross floor area primarily engaged in the repair of automotive
bodies and/or mechanical works, straightening of body parts, painting,
welding and short-term storage of automobiles until such repairs are
performed.
Automotive convenience store. An establishment
or place of business primarily engaged in gasoline, diesel fuel and
oil sales at retail (with no automobile repair facilities) and the
retail sale of a limited line of goods that generally includes milk,
bread, soda and snacks. Uses permissible also include the sale of
cold drinks, packaged foods, tobacco and similar household convenience
goods for customers.
Automotive customizing shop. An establishment
or place of business that primarily provides after-sales services
for automobiles (including the attendant retail sales of accessories
for such automobiles), such as installation, conversion and modifications
to the interior or exterior of automobiles.
Automotive parts and supply store. An establishment
or place of business primarily engaged in the sale of merchandise
that is associated with the use, repair or upkeep of automobiles.
Automotive repair shop. An establishment or
place of business primarily engaged in the repair of automobiles or
other motorized vehicles, or the installation or repair of equipment
or parts on motorized vehicles such as mufflers, brakes, tires, radios,
transmissions, glass, and engines or engine parts, but excluding dismantling
or salvage. Automotive Repair Shops also include:
Automotive paint or body shop: The use of a building of less
than fifteen thousand (15,000) square feet of gross floor area for
the repair of automotive bodies and/or major mechanical works, straightening
of body parts, painting, welding, or storage of automobiles not in
operable condition.
Tire retreading or repair shop: The use of a building or premises
for the repairing or retreading of automotive tires.
Automotive sales and lease. An establishment
or place of business primarily engaged in the sale and/or lease of
new automobiles, vans and trucks less than two (2) tons, including
incidental parking and servicing of vehicles available for sale, lease
or rent. Such a use also may include as a subordinate use the sales
of used automobiles, vans and trucks.
Automotive service station. An establishment
or place of business primarily engaged in gasoline or diesel fuel
sales at retail for automobiles, recreation vehicles and motorcycles,
and where in addition at least one (1) of the following services is
rendered: sale, replacement, or servicing of spark plugs, oil, water
hoses, brake fluids, batteries, distributors, tires, carburetors,
brakes, fuel pumps, or other automotive parts or accessories. See
"automotive repair shop" where major mechanical activities are allowed.
Automotive tire store. An establishment or
place of business primarily engaged in the sale of tires and services
relating to the repair or purchase of tires for automobiles.
Automotive wash. An establishment or place
of business engaged in washing and cleaning of automobiles and related
vehicular equipment. Automotive wash uses are categorized as one (1)
of the following three (3) types:
[Ord. No. 792, 4-20-2020]
Self service automotive wash: A facility where,
in order to wash a vehicle, a customer provides all labor using the
facility's high pressure water/soap dispensers, vacuum stations and
related self-serve cleaning tools. A self-service facility includes
no self-propelled wash racks for vehicles.
Automated automotive wash: A facility designed
and operated to wash the exterior of customer vehicles using a mechanized
washing system that either uses a conveyor (or similar mechanical)
system to move vehicles through a mechanized washing system or that
washes a stationary vehicle and that may have, accessory to the primary
business, self-serve stations which include vacuums and mat washing,
and vending machines providing products associated with car cleaning.
No manual labor is offered or provided by the facility for cleaning
the interior or exterior of the vehicle.
Full service automotive wash: A facility designed
and operated to wash and clean vehicles using a conveyor or similar
mechanical system for purposes of moving vehicles through the facility
while washing the exterior of the vehicle, but that also provides
labor as an additional service, for detailing of the exterior and
interior of the customer's vehicle.
A store in which baked goods, such as bread, cake and pastry,
are made and sold at retail for consumption off the premises.
An establishment or place of business primarily engaged in
the preparation and retail sale of alcoholic beverages with a City
and State approved liquor license for consumption on the premises.
Typical uses include sports bars, cocktail lounges, nightclubs and
similar uses at which less than fifty percent (50%) of the total revenue
is generated by food sales.
A story below the first (1st) story and not counted as a
story for height regulations unless used for dwelling purposes.
An establishment or place of business consisting of between
one (1) and twelve (12) guest rooms occupied or used as a transient
abiding place of individuals or groups of individuals who are lodged
for compensation and making available services normally provided by
hotels.
A room in a dwelling unit designed for sleeping that is separable
from other rooms by a door.
A mound of earth used as a screening or landscaping device.
A platted tract of land entirely surrounded by public highways,
streets, streams, waterways, railroad rights-of-way, cemeteries or
parks, or a combination thereof. In places where the platting is incomplete
or disconnected, the Building Commissioner shall determine the outline
of a block.
The Green Park, Missouri, Board of Adjustment.
The Green Park, Missouri, Board of Aldermen.
An open and unpaved ground area around the perimeter of a
tract of land that is landscaped or planted so as to provide green
space.
The Building Commissioner of the City of Green Park, Missouri,
or his/her designee.
The area of the site which is covered by the principal building(s)
(building "footprint") measured as a percentage of the total site.
An exterior wall of a building exposed to public view.
The vertical distance measured from the highest of the following
three (3) levels:
From the street curb level;
From the established or mean street grade in case the curb has
not been constructed; or
From the average finished ground level adjoining the building
where it sits back from the street line;
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to the highest point of:
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1.
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The coping of a flat roof or to the deck line of a mansard roof;
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2.
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To the average height of the highest gable of a pitched roof
or hipped roof;
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3.
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To the maximum height of any roof-top air-conditioning or other
equipment, unless architecturally concealed; or
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4.
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The maximum height of any segment of a stepped or terraced building.
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See "SETBACK LINE".
A building erected prior to, or for which a valid building
permit has been issued prior to, the effective date of this Chapter.
A structure for the purpose of housing or enclosing persons,
animals, fixtures or chattels.
See "OFFICE".
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three (3) sides.
A place for the burial of deceased human beings or animals.
The Zoning Code, Chapter 405 of the Green Park Municipal Code.
An establishment of under five thousand (5,000) square feet
where children are entertained in a supervised environment where they
can enjoy play stations including train tables, building blocks, play
kitchen/store, baby dolls, cars/trucks and other age appropriate toys,
enjoy arts and crafts, and participate in themed activities. The establishment
may have as an accessory use a children's party room for hosting birthday
and other private parties as well as craft nights and other similar
activities and events. The establishment does not provide day-care
services; rather children must be accompanied by an adult and parents
may participate in activities with the children. "Children's Activity
Center" does not include uses such as Day Care Facilities, Sports/Athletics
Training Facilities, or establishments with modular retail play/soft
play structures, indoor playgrounds, food services and/or associated
coin/token-operated machines and games designed specifically for children,
ages twelve (12) and under.
[Ord. No. 743, 6-19-2017]
A structure containing one (1) or more flues for drawing
off emissions from stationary sources of combustion.
A building or group of buildings that are used to conduct
organized religious services.
The Code of Ordinances of the City of Green Park, Missouri,
as amended.
The City Engineer of the City of Green Park, Missouri, or
a person designated by the City Engineer.
The City of Green Park, Missouri.
A membership association composed of persons who are bona
fide dues-paying members and to whom (and their guests) use of facilities
owned or leased by the association is generally restricted. Such definition
shall include buildings owned or operated by a person for a social,
educational or recreational purpose but not primarily for profit and
not primarily to render a service that is customarily carried on as
a business. This definition shall include organizations such as the
American Legion, Masonic Lodge and Veterans of Foreign War. Also see
fraternal organizations.
The zoning districts designated by this Chapter as "CC",
"PLI" or "PO".
The Planning and Zoning Commission of Green Park, Missouri.
See Section 405.440.
A use allowed in the particular zoning district upon the
issuance of a conditional use permit by the Board of Aldermen in accordance
with the provisions of this Chapter.
A system of separate ownership of individual units or a multiple
unit building.
Establishments or places of business primarily engaged in
the retail or wholesale sale of materials used in the construction
and maintenance of structures, as well as construction activities,
and the outdoor storage of construction equipment or materials on
lots other than construction sites. Typical uses may include lumber
yards, building materials stores, and tool and equipment rental or
sales.
A person engaged in the construction of buildings, engaged
in heavy construction (such as streets, bridges or utilities), or
specialized in such construction trades as plumbing, heating and air-conditioning,
electrical wiring, masonry, roofing or gutters, well drilling, or
house painting.
A self-propelled or non-propelled equipment designed for
on or off-road use in grading or construction or any vehicle containing
or carrying construction tools or equipment; including trailers, attachments,
and component parts for such equipment.
An intermediate care facility primarily engaged in providing
inpatient nursing and rehabilitative services to residents who require
watchful care and medical attention or treatment, but not on a continuous
basis, although staff is on duty twenty-four (24) hours per day.
An establishment or place of business (sometimes known as
food marts) engaged primarily in the retail sale of a limited line
of goods that generally includes milk, bread, soda, and snacks, non-alcoholic
beverages, packaged food, tobacco products and household convenience
goods. This use shall not include automobile repair facilities or
those uses allowed at an automotive repair shop or uses with fuel
pumps (see automotive convenience store).
Any contract or deed, or portion thereof, restricting the
manner in which land may be used.
A street having one (1) end open to traffic and being terminated
by a vehicular turnaround.
Top of the curb at its highest point in front of the lot
or, in the case of a corner lot, the point along the abutting streets
where the curb level is the highest.
A house or other place conducted or maintained by any person
who advertises or holds himself out as providing care for more than
four (4) persons during the daytime, for compensation or otherwise,
except those operated by a school system, but a child care facility
shall not include any private or religious organization, elementary
or secondary school, a religious organization academic preschool or
kindergarten, or a home school. Terms associated with day care facilities
shall be defined as follows:
Day care home. A family home occupied by the
day care provider in which family-like care is given to no more than
four (4) persons not related to the day care provider for any part
of the twenty-four (24) hour day, without overnight stays.
Day care, group. A building occupied by a day
care provider that receives more than four (4) but fewer than twenty
(20) persons for care for any part of a twenty-four (24) hour day,
without overnight stays.
Day care center. A building occupied by a day
care provider that receives twenty (20) or more persons for care for
any part of a twenty-four (24) hour day, without overnight stays.
A flat floored platform not set into but raised above the
ground or finished grade more than twelve (12) inches, serving as
a floor and having no roof or covering of any kind, and which is usually,
but not necessarily, made of wood (or some material made to resemble
a wood product) and attached to a building.[2]
A retail establishment that sells a number of lines of new
merchandise such as apparel, appliances, furniture, small wares, hardware
and boutique foods. Such stores are also known as "general merchandise
stores", "variety stores" and "country general stores"
A person who engages in development of land, whether or not
that person is the landowner.
Any manmade change to improved or unimproved land including,
but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
A section of the City for which regulations governing the
use of buildings and premises, the height of buildings, the size of
yards or the intensity of use are uniform.
A fenced-in area that is used to restrain dogs or other small
animals.
A place of business that through design, physical facilities,
service or packaging procedures encourages customers to receive services,
obtain goods, or be entertained while remaining in their motor vehicles.
This definition shall include all curb service establishments, drive-in
restaurants and drive-in cafes, but does not include drive-through
windows as an accessory use.
Any portion of a building or structure from which business
is transacted, or is capable thereof, directly with customers located
in a motor vehicle during such business transactions.
A roadway on private property leading to a building, parking
area or use. For single-family residences, a driveway may also serve
as a parking space.
An establishment that primarily sells, at retail, prescription
and non-prescription drugs and medicines although it may also engage
in general light retail sales. Excludes grocery stores with pharmacies.
One (1) room or rooms connected together constituting a separate,
independent housekeeping establishment for owner occupancy, or rental
or lease on a weekly, monthly or longer basis, and physically separated
from any other rooms which may be in the same structure, and containing
independent cooling and sleeping facilities.
A room or suite of rooms within an apartment building arranged,
intended or designed as a place of residence; or any building, or
portion thereof, which is designed, built, leased, rented, let or
hired to be occupied, or which is occupied as the home or residence
of three (3) or more families living independently of each other and
doing their own cooking in the said building; or a building, or portion
thereof, designed exclusively for residential occupancy, including
one-family, two-family and multiple dwellings, boarding and lodging
houses, apartment houses and apartment hotels, but not hotels, motels,
rooming houses, nursing homes, travel trailers, recreational vehicles,
manufactured or mobile homes. The following words or terms associated
with dwelling shall have the following meanings:
Apartment. A suite of rooms or a room in a
building arranged and intended for a place of residence of a single
family or a group of individuals living together as a family in a
separate dwelling unit.
Assisted living facility. An establishment
that furnishes, in one (1) or more facilities, food and shelter to
four (4) or more persons who are unrelated to the proprietor of the
establishment and that provides personal care services. For purposes
of this definition, "personal care services" include assistance with
meals, dressing, movement, bathing, or other personal needs or maintenance;
the administration of medication; or the general supervision or oversight
of a person's physical and mental well-being.
Independent senior living facility. A facility
containing dwelling units, accessory uses and support services specifically
designed for occupancy by persons sixty (60) years of age or older.
Such facilities may include accommodations for persons who are fully
ambulatory or who require no medical or personal assistance or supervision,
as well as accommodations for persons who require only limited or
intermittent medical or personal assistance.
Loft dwelling. A dwelling located above the
first (1st) floor of a non-residential use such as a store or office.
Multi-family dwelling. A dwelling situated
on one (1) lot occupied by three (3) or more families in separate
dwelling units living independently of each other.
Single-family attached dwelling (twin home or townhome). Single-family dwellings sharing a common wall but situated on separate
lots designed to be occupied exclusively by separate families.
Single-family detached dwelling. A dwelling
situated on one (1) lot designed to be occupied exclusively by one
(1) family. Single-family detached dwelling shall include: a) a group
home, and b) any private residence licensed by the Division of Family
Services or Department of Mental Health to provide foster care to
one (1) or more but fewer than seven (7) children who are unrelated
to either foster parent by blood, marriage, or adoption.
[Ord. No. 813, 8-16-2021]
Two-family (duplex). A dwelling situated on
one (1) lot occupied exclusively by two (2) families, respectively,
in separate dwelling units living independently of each other.
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A grant to the public or a person by the owner of land of
the use of a described area of the land for specified purposes, where
fee simple title to the land remains with the property owner.
The date the ordinance adopting this Chapter takes effect.
Access or exit.[3]
Any and all persons, including managers and entertainers,
who work in or at or render any services directly related to the operation
of a business.
An unauthorized extension of a structure or portion thereof
upon land owned by a person other than the owner of said structure.
The use of a lot or structure at the time of the effective
date of this Chapter.
A single individual doing his/her own cooking and living upon
a premises as a separate housekeeping unit; or
A collection of persons doing their own cooking and living together
upon a premises as a separate housekeeping unit in a domestic relationship
based on birth, marriage, adoption or employment as domestic servants;
or
A group of not more than three (3) unrelated persons doing their
own cooking and living together on the premises as a separate housekeeping
unit pursuant to a mutual agreement.
A freestanding structure resting on or partially buried in
the ground that forms a barrier which is not otherwise part of any
building or other structure and is used to delineate a boundary or
as a means of confinement or privacy.
A fence securely attached or fastened to the ground and not
designed or intended to be readily removed or relocated.
[Ord. No. 844, 4-17-2023]
A non-permanent fence customarily used or intended for a
limited or intermittent period of time.
[Ord. No. 844, 4-17-2023]
An office establishment or business that primarily performs
central banking functions (such as issuing currency, managing national
money supply and international reserves, and acting as fiscal agent
for the central government) and accepts deposits (or share deposits)
and lends funds from these deposits, and which establishment may include
these services to patrons and customers through an accessory, drive-through
use. Financial services shall also include establishments primarily
engaged in one (1) or more of the following: (1) underwriting securities
issues or making markets for securities and commodities; (2) acting
as agents (i.e., brokers) between buyers and sellers of securities
and commodities; (3) providing securities and commodity exchange services;
and (4) providing other services, such as managing portfolios of assets;
providing investment advice; and trust, fiduciary and custody services.
Typical uses include banks, savings associations, savings and loan
institutions, investment banking, securities, and brokerages, certified
financial planning, accounting, auditing, bookkeeping, and similar
services. Financial services does not include pawnshops, businesses
primarily engaged in check cashing or issuing money orders, or title
loan establishments or other businesses offering short-term consumer
loans secured by personal property, certificates of title to such
property, estimated tax refunds or other such collateral (all of which
are prohibited money changing/money brokering uses).
An establishment offering instruction in the arts, including
dance, art, drama and music.
The sum of the net horizontal area of the several floors
of a building measured from the exterior faces of the exterior walls
or from the interior faces of walls separating two (2) buildings.
The net floor area of a building shall include:
Basements, when used for other than storage;
Penthouse, excluding mechanical penthouses;
Attic space having a headroom of seven and one-half (7.5) feet
or more;
Enclosed porches;
Interior balconies and mezzanines, excluding those designed
and used as pedestrian common space;
Floor area devoted exclusively to storage;
Entrance lobbies;
Interior covered common areas designed primarily for pedestrian
circulation; and
Public restrooms.
The net floor area of a building does not include:
Floor space occupied by mechanical, telephone and electrical
equipment, and mechanical penthouses;
Stairwells, escalators and elevator shafts;
Attic space having a headroom of less than seven and one-half
(7.5) feet;
Interior off-street parking and loading areas; and
Basements or portions thereof used for storage.
The sum of the gross horizontal areas of the several floors,
measured in square feet, including the basement floor, measured from
the exterior faces of the exterior walls or from the centerline of
walls separating two (2) buildings. The gross floor area of a building
shall also include elevator shafts and stairways at each floor; floor
space used for mechanical equipment, penthouses, interior balconies
and mezzanines, enclosed porches, and floor area devoted to accessory
uses. The gross floor area shall not include: areas or space devoted
to off-street parking or loading; and uncovered porches, terraces
and loading docks.[4]
See "CIVIC OR FRATERNAL ORGANIZATION".
A building or premises where trucks load and unload cargo
and freight and where the cargo and freight may be broken down or
aggregated into smaller or larger loads for transfer to other vehicles
or modes of transportation.
That side of a lot abutting a public right-of-way line.
A public or private street closely paralleling a larger public
street that provides the primary means of vehicular access from abutting
property to a larger street.
A building or establishment, or portion thereof, used for
the preparation of deceased humans and ceremonies connected therewith
prior to burial or cremation.
An accessory building or structure (usually accessory to
a residential use) housing not to exceed three (3) motor-driven vehicles,
the property of and for the use of the occupants of the lot on which
the private garage is located.
A building or premises designed and used for the storage
of automobiles operated as a business enterprise with a service charge
or fee being paid to the owner or operator for the parking or storage
of privately owned vehicles and is not used as an automotive repair
shop.
A building in which government affairs, predominantly administrative,
professional, clerical or other services, are performed and which
is not designed to serve patrons at the site or to encourage patrons
to walk up or park and leave their vehicles briefly to handle governmental
business or affairs. Typical uses include fire stations, Police sub-stations
and City Hall.
The slope of a road, street or other public way specified
in percentage (%) of vertical to horizontal measurements.
The average elevation of the finished surface of the ground,
paving or sidewalk within the area between the building and property
line or, when the property line is more than five (5) feet from the
building, between the building and a line five (5) feet from the building.
A building whose roof and sides are made primarily of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants for subsequent
sale or for personal enjoyment.
Establishments with ten thousand (10,000) square feet of
gross floor area or more primarily engaged in the retail sale of food
or household products for home consumption. Typical uses include large
grocery stores (including the sale of beer and wine in unopened containers
for off-premises consumption where revenue from the sale of groceries
comprises at least fifty-one percent (51%) of the gross income of
the establishment during a calendar year, and where at least fifty-one
percent (51%) of the total display or shelf space is devoted to groceries
other than beer and wine), delicatessens, meat markets, retail bakeries
and candy shops.
A form of single-family residential occupancy in which eight
(8) or fewer unrelated persons with mental or physical disabilities
reside and may include two (2) additional persons acting as house
parents or guardians who need not be related to each other or to any
of the persons with mental or physical disabilities residing in a
single-family detached dwelling.
[Ord. No. 813, 8-16-2021]
A retail store of less than twenty thousand (20,000) square
feet selling items such as tools, paint, hardware, plumbing supplies,
items designed for installation in the home, and a limited selection
of building materials.
A business that provides facilities for aerobic exercises
such as running and jogging tracks, exercise equipment, game courts,
gymnasium or swimming facilities.
A retail store of twenty thousand (20,000) square feet or
more selling building materials, wall and floor coverings, lighting
supplies, tools, paint, hardware, plumbing supplies, lawn and garden
supplies, items designed for installation in the home, and associated
items for the home.
The following words associated with home occupation or home-based
business land uses shall have these definitions:
[Ord. No. 835, 10-17-2022]
Goods Or Services. Any merchandise, equipment, products, supplies,
or materials or any labor performed in the interest or under the direction
of others; specifically, the performance of some useful act or series
of acts for the benefit of another, usually for a fee. Goods or services
does not include real property or any interests therein.
Home-Based Business. Any business operated in a residential
dwelling that manufactures, provides, or sells goods or services and
that is owned and operated by the owner or tenant of the residential
dwelling.
Home-Based Work. Any lawful occupation performed by a resident
within a residential home or accessory structure, which is clearly
incidental and secondary to the use of the dwelling unit for residential
purposes and does not change the residential character of the residential
building or adversely affect the character of the surrounding neighborhood.
Home Occupation. Either a no impact home-based business or resident(s) of the home performing home-based work meeting the narrowly tailored requirements of Section 405.145.
No Impact Home-Based Business. Any home-based business:
Where the total number of employees and clients on-site at one
(1) time does not exceed the occupancy limit for the residential dwelling;
and
The activities of the business:
Are limited to the sale of lawful goods and services;
May involve having more than one (1) client on the property
at one (1) time;
Do not cause a substantial increase in traffic through the residential
area;
Occur inside the residential dwelling or in the yard of the
residential dwelling;
Are not visible from the street; and
An institution providing primary health service and medical
and surgical care to persons suffering from illness, disease, injury,
deformity and other abnormal physical or mental conditions. This shall
include, as an integral part of the institution, related facilities
such as laboratories, outpatient facilities or training facilities.
A building, or portion thereof, offering lodging accommodations
to the general public for compensation and that may provide additional
services such as restaurants, meeting rooms and recreational facilities.
Any manmade item that becomes part of, is placed upon, or
is affixed to land.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions,
or storage and/or use of heavy machinery and/or construction vehicles/equipment.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
A use that provides electronic data processing services.
These establishments may provide complete processing and preparation
of reports from data supplied by customers; specialized services,
such as automated data entry services; or may make data processing
resources available to clients on an hourly or time-sharing basis.
Access or entry.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A place where waste, discarded or salvaged metals, inoperative
vehicles, used plumbing fixtures, and other materials are bought,
sold, exchanged, stored, baled or cleaned; or a place for the storage
of salvaged materials and equipment from house wrecking and salvaged
structural steel; but excluding retail/commercial pawnshops and establishments
for the sale, purchase or storage of used cars in operable, driveable
condition, salvaged machinery, used furniture and household equipment,
and the processing of used, discarded or salvaged materials as part
of manufacturing operations. For the purposes of this definition,
any lot containing more than two (2) inoperative vehicles shall be
considered a junk yard.
Any lot or premises, or portion thereof, on which animals
are kept for non-commercial purposes, which shall include the private,
non-commercial sale of animals from a private litter not more than
one (1) time in any six (6) month period.
A building, or portion thereof, in which scientific, medical
or dental research, investigation, testing or experimentation is conducted.
Any removal or destruction of trees, ground cover or other
vegetation, or excavation or disturbance of soil, by means of heavy
equipment (including all equipment weighing in excess of one thousand
five hundred (1,500) pounds) or by any means affecting an area of
five thousand (5,000) square feet or more in a period of one (1) year
or less.
Any person, agent, firm or corporation having a legal or
equitable interest in a property.
An establishment or place of business primarily engaged in
the provision of landscaping, landscape maintenance and related services
to firms, businesses, residences or individuals. Typical uses include
mowing, planting, fertilizing, trimming or irrigation services.
An establishment or place of business primarily engaged in
the provision of laundering, dry cleaning or dyeing services.
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of alcoholic beverages.
Typical uses include liquor stores, bottle shops, or any licensed
sales of liquor, beer or wine for off-site consumption.
An area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which a loading space is
located.
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks which has a minimum
of twelve (12) feet by thirty-five (35) feet and a vertical clearance
of fourteen (14) feet.
Establishments that provide utility services such as electric
power, natural gas, steam supply, water supply, and sewage removal.
Not included are waste management services which collect, treat and
dispose of waste materials and do not directly use or operate utilities.
A parcel of land occupied by or intended for a use allowed
in this Chapter, occupied or intended to be occupied by one (1) main
building together with its accessory buildings, open spaces, and parking
spaces required by this Chapter, and having its principal frontage
upon a public street or road as established by this Chapter. The word
"lot" shall include the word "plot", "tract" or "parcel". The derivations
of lot shall maintain the following definitions:
Lot area. The area of a horizontal plane bounded
by the vertical planes through front, rear and side lot lines.
Lot, corner. A lot abutting upon two (2) or
more streets at their intersection.
Lot depth. The mean horizontal distance between
the front and rear lot lines.
Lot, double-frontage. A lot having frontage
on two (2) non-intersecting roads; as distinguished from a corner
lot. This definition shall include through lots.
Lot, interior. A lot other than a corner lot
whose sides do not abut upon any street.
Lot line. The property boundary line of any
lot. The derivations or modifications of lot line shall maintain the
following definitions.
Lot line, front. The lot line abutting a street
or private drive. In the case of a corner lot, the front lot line
shall normally be the lot line with the shortest length. In the case
of a double-frontage lot, the front lot line shall be the lot line
adjacent to the street that provides primary access to the lot or
towards which the main building on the lot is oriented.
Lot line, rear. Any lot line that is not a
front lot line or a side lot line.
Lot line, side. Any lot line that intersects
the front lot line. A side lot line shall include any linked line
segments or arcs that have a bearing which is within forty-five degrees
(45°) of a line drawn perpendicular to the front lot line. Where
the application of the rules is ambiguous or where the property owner
requests an alternative designation, the Director may specifically
designate the various lot lines for a particular lot.
Lot width. The horizontal distance between
the side lot lines, measured at the front building line.
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A lot for which the plat or deed has been properly recorded
prior to the effective date of this Chapter.
The primary building on a lot, or a building that houses
a main use on a lot.
The primary or predominant use of land, a building or a structure.
An economic activity involving the mechanical or chemical
transformation of materials or substances into new products including
the assembly of component parts, the manufacturing of products, and
the blending of materials such as lubricating oils, plastics, resins
or liquors at a scale and intensity that is compatible with the surrounding
residential uses and the intent of the City's light industrial district.[5]
The following definitions shall apply to all land uses relating
to marijuana uses and facilities:
[Ord. No. 843, 4-17-2023]
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ADMINISTER MEDICAL MARIJUANA — The direct application of Marijuana to a qualifying patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
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1.
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Ingestion of capsules, teas, oils, and other marijuana-infused
products;
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2.
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Vaporization or smoking of dried flowers, buds, plant material,
extracts, oils, and other marijuana-infused products;
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3.
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Application of ointments or balms;
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4.
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Transdermal patches and suppositories;
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5.
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Consuming marijuana-infused food products; or
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6.
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Any other method recommended by a qualifying patient's physician or nurse practitioner as authorized by Article XIV, Section 1 of the Missouri Constitution.
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COMPREHENSIVE MARIJUANA CULTIVATION FACILITY —
A facility licensed by the DHSS where cultivation operations for medical
or adult use occur. A comprehensive marijuana cultivation facility
need not segregate or account for its marijuana products as either
non-medical marijuana or medical marijuana.
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COMPREHENSIVE MARIJUANA DISPENSARY FACILITY — A facility licensed by the DHSS where marijuana product is dispensed for medical or adult use. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV and provided for by general or local law.
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COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING
FACILITY — A facility licensed by the DHSS where marijuana-infused
products and prerolls are manufactured for medical or adult use. A
comprehensive marijuana-infused products manufacturing facility need
not segregate or account for its marijuana products as either non-medical
marijuana or medical marijuana.
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CONSUMER — Someone at least twenty-one (21)
years of age.
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CULTIVATION — As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the DHSS, the process by which a person, business, or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
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DEPARTMENT or DHSS — The Missouri Department
of Health and Senior Services.
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DISPENSARY FACILITY — A medical marijuana
Dispensary Facility, a comprehensive marijuana dispensary facility,
or a microbusiness dispensary facility.
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ELEMENTARY SCHOOL — A public, private, religious
or parochial school giving instruction in a grade or grades not lower
than pre-school nor higher than the eighth grade, including any property
owned by the school that is regularly used for extracurricular activities,
but does not include any private school in which education is primarily
conducted in private homes.
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ENCLOSED, LOCKED FACILITY —
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1.
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A stationary, fully enclosed, locked space equipped with functioning
security devices that permit access to only the consumer(s), qualifying
patient(s), or primary caregiver(s) who have informed the DHSS that
this is the space where they will cultivate marijuana; and
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2.
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The plants within the enclosed, locked facility must not be
visible to the unaided eye from a public space.
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FACILITY — The physical structure(s), including
strip malls, and the premises on which the physical structures are
located which are used by a licensed or certified entity to perform
its licensed or certified functions, whether the entity is licensed
or certified as a medical facility or a marijuana facility.
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IDENTIFICATION CARD — A document, whether
in paper or electronic format, issued by the DHSS that authorizes
a consumer cultivator, qualifying patient, primary caregiver, or facility
agent to access marijuana as provided by law.
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INFUSED PREROLL — A consumable or smokable
marijuana product, generally consisting of: (1) a wrap or paper, (2)
dried flower, buds, and/or plant material; and (3) a concentrate,
oil, or other type of marijuana extract, either within or on the surface
of the product. Infused prerolls may or may not include a filter or
crutch at the base of the product.
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MARIJUANA ACCESSORIES — Any equipment, product,
material, or combination of equipment, products, or materials, which
is specifically designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, ingesting, inhaling, or otherwise introducing
marijuana into the human body.
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MARIJUANA CULTIVATION — Qualifying patient medical marijuana cultivation, primary caregiver medical marijuana cultivation, and consumer personal cultivation when performed as an accessory use in accordance with Section 405.170(G).
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MARIJUANA FACILITY — A comprehensive marijuana
cultivation facility, comprehensive marijuana dispensary facility,
marijuana testing facility, transportation facility, comprehensive
marijuana-infused products manufacturing facility, microbusiness wholesale
facility, microbusiness dispensary facility, or any other type of
marijuana-related facility or business licensed or certified by the
DHSS but shall not include a medical facility or marijuana research
facility.
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MARIJUANA-INFUSED PRODUCTS — Products that
are infused, dipped, coated, sprayed, or mixed with marijuana or an
extract thereof, including, but not limited to, products that are
able to be vaporized or smoked, edible products, ingestible products,
ointments, tinctures, suppositories, and infused prerolls.
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MARIJUANA PRODUCT — Marijuana, marijuana-infused
products, or other products made using marijuana, including prerolls,
unless otherwise provided for in the DHSS's rules.
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MARIJUANA RESEARCH FACILITY — A facility licensed
by the DHSS where activities intended to facilitate scientific research
or education related to marijuana product occur.
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MARIJUANA TESTING FACILITY — A facility certified
by the DHSS to acquire, test, certify, and transport marijuana, including
those originally licensed as a medical marijuana testing facility.
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MARIJUANA USE — A marijuana facility, a medical
marijuana facility, and a marijuana research facility.
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MEDICAL MARIJUANA FACILITY — A medical marijuana
facility shall be defined as any of the following herein defined entities:
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1.
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Medical marijuana cultivation facility.
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2.
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Medical marijuana dispensary facility.
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3.
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Medical marijuana-infused products manufacturing facility.
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MEDICAL MARIJUANA CULTIVATION FACILITY — A
facility licensed by the State of Missouri to engage in the process
of cultivating marijuana that is limited to medical use at a medical
marijuana cultivation facility. A medical marijuana cultivation facility's
authority to process marijuana shall include the production and sale
of prerolls but shall not include the manufacture of marijuana-infused
products.
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MEDICAL MARIJUANA DISPENSARY — A facility
licensed by the State of Missouri where marijuana is dispensed only
for medical use. Medical marijuana dispensary facilities may receive
transaction orders at the dispensary in person, by phone, or via the
internet, including from a third party. A medical marijuana dispensary
facility's authority to process marijuana shall include the production
and sale of prerolls but shall not include the manufacture of marijuana-infused
products.
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MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING
FACILITY — A facility licensed by the State of Missouri where
marijuana-infused products and prerolls are manufactured only for
medical use.
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MEDICAL USE — The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or marijuana accessories used to administer marijuana or a marijuana-infused product as provided by Article XIV, Section 1, of the Missouri Constitution, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
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MICROBUSINESS DISPENSARY FACILITY — A facility
licensed by the DHSS to engage in the process of dispensing marijuana
for medical use or adult use. Microbusiness dispensary facilities
may receive transaction orders at the dispensary directly from the
consumer in person, by phone, or via the internet, including from
a third party. A microbusiness dispensary facility's authority
to process marijuana shall include the creation of prerolls.
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MICROBUSINESS WHOLESALE FACILITY — A facility
licensed by the DHSS to where marijuana cultivation operations for
medical or adult use occur and/or where marijuana-infused products
and prerolls are manufactured for medical use or adult use. A microbusiness
wholesale facility may cultivate up to two hundred fifty (250) flowering
plants at any given time. A microbusiness wholesale facility's
authority to process marijuana shall include the creation of prerolls
and infused prerolls.
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NON-RETAIL MARIJUANA USES — Comprehensive
marijuana cultivation facilities, medical marijuana cultivation facilities,
marijuana testing facilities, transportation facilities, comprehensive
marijuana-infused products manufacturing facilities, medical marijuana-infused
products manufacturing facility, microbusiness wholesale facility,
microbusiness dispensary facilities, or any other type of marijuana-related
facilities or businesses licensed or certified by the DHSS but excluding
comprehensive marijuana dispensary facilities, microbusiness dispensary
facilities, medical marijuana facilities or marijuana research facilities.
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NURSE PRACTITIONER — An individual who is
licensed and in good standing as an advanced practice registered nurse,
or successor designation, under Missouri law.
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PREROLL — A consumable or smokable marijuana
product, generally consisting of: (1) a wrap or paper; and (2) dried
flower, buds, and/or plant material. Prerolls may or may not include
a filter or crutch at the base of the product.
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QUALIFYING PATIENT — An individual diagnosed
with at least one (1) qualifying medical condition as defined in Missouri
State law and possessing a DHSS issued qualifying patient or qualifying
patient cultivation identification card.
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SECONDARY SCHOOL — A public, private, religious,
or parochial school giving instruction in a grade or grades not lower
than the sixth nor higher than the twelfth grade, including any property
owned by the school that is regularly used for extracurricular activities,
but does not include any private school in which education is primarily
conducted in private homes.
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TRANSPORTATION FACILITY — A facility certified
by the DHSS to house operations involving the transport of marijuana
product from a marijuana facility or medical facility; or to a qualifying
patient, primary caregiver, or consumer.
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A structure containing separate storage areas of identical
or varying sizes leased or rented on an individual basis.
A building primarily offering transient lodging accommodations
to the general public for compensation with access from each room
to a readily accessible off-street parking area for use by the patrons
of the building. This definition shall also include motor lodges.
The City and any other body politic whether it be a city,
town, village or political subdivision of this State organized under
the Constitution of the State of Missouri or under laws of the State
of Missouri or by decision of the highest court of this State determined
to be a municipal corporation.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendments thereto which does not conform
after the passage of this Chapter or amendments thereto with the use
regulations of the district in which it is situated.
Land or structures used to raise flowers, shrubs, trees and
other plant material for retail or wholesale sale.
See "CONVALESCENT, NURSING OR RETIREMENT HOME".
A planned use, developed on a single parcel of property,
that may contain a mix of office, retail and service uses as regulated
by this Chapter and authorized by the Board of Aldermen pursuant to
a development plan.
The use of any building or premises primarily for conducting
the affairs of a business, profession, service, industry or government
and generally furnished with desks, tables, files, and communication
equipment. Terms associated with the word "office" shall have the
following meanings:
Business office, general. An office used for
the administrative or legal affairs of a non-residential use company
with no retail activity or vehicular requirements of a walk-up or
drive-through establishment. This includes for profit, non-profit
or eleemosynary establishments.
Medical or dental office. An office occupied
and maintained for the provision of services by a person licensed
by the State of Missouri to practice in the healing arts for humans
such as a physician, surgeon, dentist or optometrist.
Professional office. An office occupied by
a member of a recognized profession and maintained for the provision
of professional services such as a certified public accountant, lawyer,
architect, City planner, landscape architect, interior designer, engineer,
management or public relations service.
An area that is not within the paved area of a street that
is used for the temporary storage of one (1) automobile or other motor
vehicle with direct or indirect access to a dedicated street or right-of-way.
Any parcel of land or water essentially unimproved or otherwise
devoid of structures and paved areas set aside, dedicated, designated
or reserved for public or private use or enjoyment, or for the use
and enjoyment of owners and occupants of land adjoining or neighboring
such open space.
A portion of a property outside of any building where merchandise,
goods or other items are placed in public view for the purpose of
direct sale or lease to customers.
The keeping in an unroofed, open area of any goods, material,
equipment, supplies, merchandise, vehicles or junk in the same place
for more than twenty-four (24) hours.
Any wall that extends above the roof line.
Any place, lot, parcel or yard used in whole or in part for
storing or parking of two (2) or more vehicles where such usage is
not incident to or in conjunction with a single-family dwelling, or
other usage permissible in single-family dwelling districts, and located
on the same tract.
A durably surfaced area, enclosed in the main building, in
an accessory building or unenclosed, sufficient in size to store one
(1) standard automobile and if the space is unenclosed, comprising
an area of not less than three hundred (300) square feet which is
suitable to parking an automobile and driveway and shall be inclusive
of all driveways in the parking area but exclusive of access driveways
to reach such parking area or areas.
A level, unenclosed surfaced area, not exceeding twelve (12)
inches in height, located at the finished grade that is usually directly
adjacent to an attached building. Patio does not include a deck.
An establishment or place of business primarily engaged in
the sale of merchandise in which merchandise is offered as collateral
for obtaining loans and wherein such merchandise is offered for sale
in recompense for default of loan repayment or engaged in lending
money on the security of pledged personal property on the condition
that the pledged personal property may be redeemed or repurchased
by the seller for a fixed amount of money within a fixed period of
time.
An establishment in the business of making unsecured loans
under five hundred dollars ($500.00) and that is registered with the
appropriate State agency, department or official as may be required
by law.
A right-of-way dedicated or otherwise assigned to public
use that cuts across a block to facilitate pedestrian access to adjacent
streets and properties.
A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, heat, glare or other effects generated by or inherent in the uses of land or buildings. Such standards may also establish other various criteria for land use (see Section 405.330).
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.
A place of business primarily engaged in the cleaning, bathing,
brushing and cutting of hair of household pets and where the pets
are not kept overnight.[6]
A complete and exact subdivision plat, prepared for official
recording as required by State Statute and the subdivision regulations,
to define property boundaries and proposed streets and other improvements.
A formal proposed plan for a subdivision prepared in accordance
with the subdivision regulations.
Real property that is included within the area of land covered
by a final plat recorded with the Recorder of Deeds.
An improved and equipped area for the play of children.
A plan which accompanies a building permit application. It
indicates the lot dimensions along with the size, shape and location
of any buildings to be placed upon it. The plot plan is drawn to scale
and includes any additional information required by the Building Commissioner.
Any structure, constructed for a temporary period of time,
that has a canvas or fabric roof and is supported by less than four
(4) walls and is designed primarily for the sale of goods for a temporary
period of time within two hundred (200) feet of public right-of-way.
A platform that may be screened, projecting from the wall
of a building and with direct access to or from a building. Porch
does not include a deck.
An area of land with its appurtenances and buildings that,
because of its unity of use, is one (1) unit of real estate.[7]
See "OFFICE".
A private organization that promotes the interests of business
groups, such as the Chamber of Commerce; professions, such as the
Bar Association; or members of a trade, such as a labor union.
A use that is not permitted in a zoning district by right,
as an accessory use, with a special use permit, or as a planned use.
A meeting announced and advertised in advance that is open
to the public and at which the public is given an opportunity to speak
and participate.
Street pavements, curb and gutters, sanitary and storm sewers,
permanent street monuments, water mains and any other related items
that are owned by a political subdivision or public utility.[8]
A commercial establishment or place of business primarily
engaged in the provision of sports, entertainment or recreation for
participants or spectators. Recreation as defined here does not include
"adult entertainment".
Private outdoor playgrounds and recreational facilities that
are accessory uses to a subdivision, apartment development, church,
or other non-commercial principal use of property.
The sale, lease or rental of recreation vehicles, such as
travel trailers, campers, boats, and personal watercraft, including
incidental storage, maintenance and servicing.
Any equipment such as travel trailers, pickup campers or
coaches, recreational vehicles, tent trailers, boats and boat trailers,
motorcycles, ATVs, any other such vehicular equipment used for recreation,
or trailers for transporting recreational equipment, whether occupied
by such equipment or not.
A portable vehicular structure without a permanent foundation
that can be towed, hauled or driven and is primarily designed as a
temporary living accommodation for recreational, camping and travel
use and includes, but is not limited to, travel trailers, truck campers,
camping trailers, tent trailers, fifth-wheel trailers, and self-propelled
motor homes. Recreational vehicle does not include manufactured home
or mobile home.
The following words or phrases associated with recycling
uses shall have the meanings set forth below:
Greenwaste: Organic waste generated by landscape,
garden or agricultural operations consisting of lawn clippings, tree
and shrub prunings, wood and miscellaneous soil material. This is
categorized as material which can be used to process into compost
or wood chips for reuse.
Recyclable Material: Reusable material including
but not limited to, metals, glass, plastic, paper, concrete and organic
material that is intended for reuse, remanufacture or reconstitution
for the purpose of using the altered form. Recyclable material does
not include solid waste, greenwaste, refuse, clothing or hazardous
material.
Recycling Collection Point: An incidental or
accessory use to a primary permitted use of a lot that serves as a
neighborhood drop-off point for temporary storage of recyclable material
and where no processing of such items takes place. Such facilities
are generally located in a shopping center parking lot or in other
public/quasi-public areas, such as in churches and schools.
Solid Waste: Any material consisting of inert,
putrescible or non-putrescible material generated by residential,
commercial, industrial and agricultural uses. Inert materials generally
have no active material which can break down into other forms, therefore
considered to not decompose. Putrescible materials are capable of
being decomposed by microorganisms with sufficient rapidity as to
cause nuisances because of odors, vectors, gases or other offensive
conditions. Non-putrescible materials arc not easily decomposed into
other matter or decomposed into other materials.
Repair services, on-site. A business establishment
primarily engaged in specialized repair services such as appliance
repair, jewelry repair, bicycle repair, leather goods repair, lawn
mower and lawn equipment repair, lock and gun repair, musical instrument
repair, and radio, stereo, VCR, computer or TV repair where the repairs
primarily take place at the business establishment. This use does
not include "automotive repair shops".
Repair services, off-site. A business establishment
primarily engaged in specialized repair services at the customer's
premises including, but not limited to, repairs to major appliances,
heating and air conditioning units, plumbing systems, electrical systems,
as well as pipe and drain cleaning, tuck pointing, and driveway sealing.
The reconstruction or renewal of any part of an existing
structure, improvement or fixture for the purpose of maintenance.
Establishments primarily engaged in research of an industrial
or scientific nature but excludes final product testing. Typical uses
include electronics research laboratories, space research and development
firms, medical laboratories, or pharmaceutical research labs.
A dwelling unit.
A zoning district designated by this Chapter as "PR", "RS-1"
or "MR".
A business that provides in-home health care and personal
care services to four (4) or fewer persons who are unrelated to each
other or the property owner in a single-family dwelling owned or leased
by the RMF operator or its affiliate. For purposes of this definition,
"personal care services" include assistance with meals, dressing,
movement, bathing, or other personal needs or maintenance; the administration
of medication; or the general supervision or oversight of a person's
physical and mental well-being, including palliative or hospice services
for people who are experiencing advanced, life-limiting illnesses.
[Ord. No. 813, 8-16-2021]
[Ord. No. 799, 10-19-2020]
Fast-food restaurant. Any walk-up or drive-through
establishment primarily engaged in the sale of food or drink for consumption,
either on or off the premises, by order from or service to persons
either over an interior counter, outside the structure or from an
outdoor service window or automobile service window, or by delivery.
This definition shall not include otherwise permitted restaurants
where outdoor table service is provided to customers in established
outdoor dining areas or where drive-through or take-out service is
an incidental service.
Restaurant, general. An establishment or place
of business primarily engaged in the preparation of full-course meals
served for consumption on premise, with complete kitchen facilities
for preparation of the food sold, and where alcoholic beverages may
be sold in conjunction with meals, or at a bar within the restaurant,
provided that more than fifty-one percent (51%) of the revenue generated
at the restaurant is related to food sales.
Restaurant, limited. A use engaged in the preparation
and retail sale of food and beverages, including the sale of limited
alcoholic beverages, but excluding alcoholic beverages sold via a
bar within the limited restaurant. Typical uses include delicatessens,
sandwich shops, ice cream parlors and coffee shops. This term does
not include uses that would be included under the definition of "fast-food
restaurant" or "drive-through window."
An establishment that operates as fixed point-of-sale locations,
which are designed to attract a high volume of walk-in customers,
where manufactured or processed merchandise such as apparel, accessories,
small wares, books, toys, clothing or shoes is purchased by the owner
or operator thereof and displayed and resold as new merchandise to
the general public for personal or household consumption. It does
not include an establishment where food is processed, prepared or
cooked for consumption and sale, any of the uses set forth under automotive
services, or any other such retail use specifically permitted or prohibited.
Amendment of the zoning district classification applicable
to one (1) or more specific parcels of property.
A roof having two (2) slopes on all four (4) sides, with
the lower slope almost vertical and the upper slope almost horizontal;
or, from the ground, having the appearance of such a roof.
The outside top covering of a building or structure.
See "JUNK YARD".
A facility established for the purposes of education not
associated with any public or governmental body. This definition shall
include academies, preschools, day schools, and schools associated
with religious institutions.
A facility established by the State of Missouri or other
governmental agency for the purposes of education.
See "JUNK YARD".
A use owned or operated by a non-profit, religious or eleemosynary
institution for the purpose of providing educational, cultural, recreational,
religious or social services to the general public.
A line parallel to the respective lot line and internal to
the lot that defines the required building setback as specified in
the zoning district regulations. The derivations of setback line shall
maintain the following definitions:
Setback line, front shall be parallel to the
front lot line and shall extend from side lot line to side lot line;
Setback line, rear shall be parallel to all
rear lot lines and shall extend from side lot line to side lot line.
If there is no rear lot line, a semicircular rear setback line shall
be drawn with a radius equal to the rear setback requirement and a
center at the intersection of the side lines; and
Setback lines, side are parallel to any side
lot line and extend from the front setback line to the rear setback
line or another side setback line.
 |
A commercial development containing at least three (3) retail
sales or services establishments located in one (1) building, the
total gross floor area of which is twenty-five thousand (25,000) square
feet or greater for the entire shopping center.
See Chapter 415.
The total ground area covered by all buildings, roofed or
covered spaces, paved surface areas, walkways and driveways, and any
other site improvements or structures contributing to runoff greater
than would occur on the site in its natural state.
Defined as:
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breasts or breasts below a point immediately
above the top of the areola or nipple; or any combination of the foregoing;
or
Human male genitals in a discernable erect state, even if completely
and opaquely covered.
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
object in an act of apparent sexual stimulation or gratification.
An establishment offering indoor training facilities by appointment
for sports teams and individuals aimed at improving sports performance
and athleticism through sport specific exercises, workouts and programs.
Such a use usually includes indoor batting cages, turf-surfaced sport
training, basketball training and weight training for associated sports.
Such use may include youth sports tournaments and leagues. Such use
shall not include adult leagues.
[Ord. No. 709 § 1, 11-16-2015]
The placement, keeping or retention of vehicles, equipment,
materials, goods or products for intermittent use or subsequent distribution
or transfer.
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 two-thirds (⅔)
of the gross floor area is finished off for use. A "half story" containing
independent apartment or living quarters shall be counted as a full
story.
STORY — That part of a building including between the
surface of one floor and the surface of the floor next above or, if
there is no floor above, that part of the building which is above
the surface of the next highest floor thereof. A top story attic is
a half story when the main line of the eaves is not above the middle
of the interior height of such story. The first (1st) story is the
highest story having its interior floor surface not more than four
(4) feet above the curb level, mean street grade, or average ground
level.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
An improved way for the conveyance of motor-driven, rubber-tired
vehicles such as automobiles and trucks. Terms related to street shall
mean as follows:
Arterial street. A State or U.S. numbered highway.
Arterial streets are used for traffic of moderate to fast speeds and
high volumes between major local centers of employment, recreation
and shopping
Collector street. A major street used for traffic
of moderate speeds and high peak volumes between local streets and
arterial streets or serving as a principal entrance street or primary
circulation route within a neighborhood or other limited area. Collector
streets serve residential subdivisions, non-residential or multi-family
areas, but are not State or U.S. numbered highways.
Local street. A minor street used for traffic
of relatively low speeds and volumes and for primary access to abutting
properties.
Alley. A narrow street used as a secondary
means of access and usually located along the rear lines of abutting
properties.
Any change, other than incidental repairs, to any structure.
A combination of materials to form a construction for use,
occupancy or ornamentation whether installed on, above or below the
surface of land or water.
See Section 410.030.
A structure, whether indoor or outdoor, above or below the
surface of the ground or both, intended to contain water for swimming
or wading having an inside wall depth at any point of more than two
(2) feet or a surface area exceeding two hundred fifty (250) square
feet. The terms associated with swimming pool shall have the following
meanings:
Swimming pool, private. A swimming pool located
at a private residence used or intended to be operated for the exclusive
use of the residents of the lot upon which it is located and their
invited guests.
Swimming pool, private membership. A swimming
pool intended for use by only those persons who pay a membership or
similar fee that entitles such persons to use the swimming pool for
a predetermined period of time.
Swimming pool, commercial. A swimming pool
intended for use by the general public.
See "CHURCH, TEMPLE or SYNAGOGUE".
An establishment or businesses in which tattooing services
are offered and performed.
See "CHURCH, TEMPLE or SYNAGOGUE".
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
A building or premises devoted to showing motion pictures,
or for live dramatic or musical performances. Terms associated with
theater shall be defined as follows:
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of tobacco and/or tobacco-related
products ("tobacco products") and/or an establishment where one-half
(½) or more of the net floor area is dedicated to or where
one-half (½) or more of the gross receipts are derived from
the sale of tobacco products.
A dwelling unit or a portion of a dwelling unit rented for
a period of thirty-one (31) or less consecutive calendar days.
[Ord. No. 735 § 1, 12-19-2016]
See "DWELLING".
A single unit of real property under one (1) ownership, which
may be platted or unplatted.
A portable structure supported by wheels, jacks, horses,
skids or blocks without permanent foundation that is towed or hauled
by another vehicle used for temporary human occupancy, to carry materials,
goods or objects; or use as a temporary office.
Referring to persons, shall mean two (2) or more people not
related by blood, marriage or adoption.
The purpose or activity for which the land, or structure
thereon, is designed, arranged or intended, or for which it is occupied
or maintained.
A lot or parcel of land on which pre-owned or used, operable
vehicles, including, automobiles, trailers and trucks, are displayed
for sale or trade.
An establishment or place of business primarily engaged in
the retail sale of used merchandise or secondhand goods, such as used
clothes, antiques, secondhand books or rare manuscripts, or items
of architectural salvage, but not including used cars or other motorized
vehicles.
The official abandonment of public right-of-way or easement
by the City in accordance with State law.
A modification of the application of certain regulations
or provisions of this Chapter by the Board of Adjustment in accordance
with the procedure established by this Chapter.
Any wrecked, disabled or damaged vehicle. Any one (1) of
the following conditions shall be deemed prima facie evidence that
a vehicle is inoperable:
Any passenger vehicle, motorcycle, recreational vehicle,
truck, trailer truck, or semi-trailer that is propelled or drawn by
mechanical power.
Parking or storage of new automobiles, whether through a lease, licensing or other arrangement with the property owner, to allow use of parking spaces for short-term storage of new automobiles by or for the benefit of an automotive sales and lease establishment (as defined in Section 405.060) located in or adjacent to the City.
[Ord. No. 707 § 1, 10-19-2015]
An establishment or place of business primarily engaged in
the medical care and treatment of animals.
A business establishment primarily engaged in the retail
sale or rental of prerecorded music, movies or other audio or video
programs.
A commercial establishment not engaged in the retail sales
of goods that encourages its customers or patrons to park and leave
their vehicle briefly to transact business.
An establishment or place of business primarily engaged in
wholesaling, storage, distribution and handling of materials and equipment
other than heavy machinery and/or construction equipment, live animals
and plants, flammable or explosive materials, or potentially hazardous
or commonly recognized offensive conditions.
A place of business primarily engaged in selling merchandise
to persons other than members of the general public.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided in this Chapter.
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 least horizontal distance between a lot line and the building,
or any protrusions therefrom, shall be used. The derivations of yard
shall maintain the following definitions:
Yard, front. A yard across the full width of
the lot extending from the front line of the main building to the
front line of the lot.
Yard, rear. A yard between the rear lot line
and the rear of the main building and the side lot lines.
Yard, side. A yard between the main building
and the adjacent side line of the lot and extending entirely from
the front yard to the rear yard thereof.
Yard, required. The minimum open space between
a lot line and the buildable area of a lot within which no structure,
parking area, or other obstruction shall be located except as provided
by this Chapter.
Yard, required front. That yard established
by the front setback requirement of this Chapter and the established
front lot line.
Yard, required rear. That yard established
by the rear setback requirement of this Chapter and the established
rear lot line.
Yard, required side. That yard established
by the side setback requirement of this Chapter and the established
side lot line.
Statuary, arbors, trellises, barbecue stoves, doghouses,
flagpoles, screens [up to eight (8) feet in height], walls, hedges
and gazebos.
[Ord. No. 844, 4-17-2023]
The Zoning Administrator, or his/her designee, of the City
of Green Park.
The Zoning District Map of the City of Green Park, Missouri.
[1]
Editor's Note: The former definition of "administer," which
immediately followed, was repealed 4-17-2023 by Ord. No. 843. Prior
history includes Ord. No. 781. See now "marijuana-related definitions."
[2]
Editor's Note: The former definition of "department," which
immediately followed, was repealed 4-17-2023 by Ord. No. 843. Prior
history includes Ord. No. 781. See now "marijuana-related definitions."
[3]
Editor's Note: The former definition of "entity," which immediately
followed, was repealed 4-17-2023 by Ord. No. 843. Prior history includes
Ord. No. 781. See now "marijuana-related definitions."
[4]
Editor's Note: The former definition of "flowering marijuana
plant," which immediately followed, was repealed 4-17-2023 by Ord.
No. 843. Prior history includes Ord. No. 781. See now "marijuana-related
definitions."
[5]
Editor's Note: The former definitions of "marijuana or marihuana,"
"marijuana-infused products," "medical marijuana cultivation," "medical
marijuana cultivation facility," "medical marijuana cultivation identification
card," "medical marijuana dispensary facility," "medical marijuana
medical use," "medical marijuana testing facility," "medical marijuana
transportation facility," "medical marijuana use," and "medical marijuana-infused
products manufacturing facility," which immediately followed, were
repealed 4-17-2023 by Ord. No. 843. Prior history includes Ord. No.
781. See now "marijuana-related definitions."
[6]
Editor's Note: The former definitions of "physician" and "physician
certification," which immediately followed, were repealed 4-17-2023
by Ord. No. 843. Prior history includes Ord. No. 781. See now "marijuana-related
definitions."
[7]
Editor's Note: The former definition of "primary caregiver,"
which immediately followed, was repealed 4-17-2023 by Ord. No. 843.
Prior history includes Ord. No. 781. See now "marijuana-related definitions."
[8]
Editor's Note: The former definition of "qualifying patient,"
which immediately followed, was repealed 4-17-2023 by Ord. No. 843.
Prior history includes Ord. No. 781. See now "marijuana-related definitions."
[Ord. No. 303 §§1 —
2, 2-26-2001]
A.
In
order to classify, regulate and restrict and determine land use; the
locations of trades, industries and the location of buildings designed
for specified uses; the height and bulk of buildings; the intensity
of the use of lots; and the area of yard and other open spaces within
and surrounding buildings, the City is hereby divided into districts
of which there shall be eight (8) in number, known as:
1.
"PS" Park and Scenic District.
2.
"RS-1" Single-Family Residential District.
3.
"MR" Multiple-Family and Condominium Residential District.
4.
"PR" Planned Residential District.
5.
"CC" Commercial Corridor District.
6.
"PLI" Planned Light Industry and Business District.
7.
"PO" Planned Office and Business District.
8.
"FP" Flood Plain Overlay District.
[Ord. No. 303 §§1 —
2, 2-26-2001]
The boundaries of the districts are shown upon the map designated
as the District Map. The District Map and all the notations, references
and other information shown thereon are a part of this Chapter and
have the same force and effect as if the District Map and all the
notations, references and other information shown thereon were all
fully set forth or described herein, which District Map is properly
attested and is on file with the Clerk of the City.
[Ord. No. 303 §§1 —
2, 2-26-2001; Ord. No.
769, 8-20-2018]
A.
Where uncertainty exists with respect to the boundaries of the various
districts as shown on the District Map, the following rules apply:
1.
The district boundaries are public right-of-way unless otherwise
shown, and where the districts designated on the map are bounded approximately
by right-of-way lines, the right-of-way shall be construed: (1) to
be zoned as part of the district in which it is shown, and (2) the
right-of-way line abutting the neighboring zoning district is the
boundary of the district.
2.
Where the district boundaries are not otherwise indicated, and
where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be the lot
lines, and where the districts designated on the map are bounded approximately
by lot lines, the lot lines shall be construed to be the boundary
of the districts unless the boundaries are otherwise indicated on
the map.
3.
In unsubdivided property, the district boundary lines on the
map shall be determined by use of the scale appearing on the map.
4.
When right-of-way is shown on the District Map either as wholly
located in the "RS-1" District, or with one (1) boundary of the right-of-way
as the boundary of the "RS-1" District, the right-of-way in both situations
is intended to be zoned "RS-1."
B.
Changes To Official Zoning Map.
1.
Changes Due To Annexation. Land area incorporated through annexation
shall retain its existing zoning classification until an application
for rezoning is submitted and approved by the City. Any application
for a building permit or development plan shall be processed in the
customary manner as it would have been prior to annexation.
2.
Changes Due To Right-Of-Way Vacation. Unless otherwise provided
by ordinance, whenever any public right-of-way is vacated by an official
action of the Board of Aldermen, the zoning district of such vacated
land shall be the zoning district of the land area vacated and all
land area included in the vacation shall then be subject to the regulations
and restrictions of that particular district.
[Ord. No. 303 §§1 —
2, 2-26-2001]
Each application for a building permit shall be accompanied by a plot plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the buildings to be erected, and such other information as may be necessary to provide for the enforcement of this Chapter. A record of applications and plot plans shall be kept in the office of the Building Commissioner. In addition to this basic requirement, certain uses and developments described in Articles II and IV are subject to the site plan or development plan approval procedures described in Sections 405.450 and 405.460, respectively.
