City of Clayton, MO Definitions

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Section 405.400 through Section 405.410. (Reserved)

[Ord. No. 5814 §1(Art. 3), 4-27-2004; Ord. No. 6010 §1, 1-22-2008; Ord. No. 6022 §1(Att. B), 7-8-2008; Ord. No. 6159 §1, 9-13-2011; Ord. No. 6191 §2, 2-28-2012]

In General.

Unless a contrary intention clearly applies, the following words and phrases shall have the meanings given in the following definitions for the purposes of this Chapter. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specific meaning.

Words used in the present tense shall include the future; the singular number shall include the plural and the plural of the singular; the word "premises" shall include the word "structure" and "building"; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.

Definitions. As used in this Chapter, unless the context otherwise indicates, the following terms mean:

ACADEMY

Academy to teach painting, dancing, theater, music and similar disciplines.

ACCESSORY BUILDING OR USE

A subordinate building or use customarily incidental to and located on the same lot occupied by the main building or use, subordinate in area, extent or purposes to the main building, limited to and contributing to the comfort, convenience or necessity of the occupants of the main building. An accessory building that is not part of the principal structure shall be located not less than sixty (60) feet from the front property line.

ACCESSORY DWELLING UNIT

A type of accessory structure, either attached or detached, which provides complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and is located on the same site as the principal residence. Accessory dwelling units are permitted subject to the criteria established in Section 405.330 of Article II of this Chapter.

[Ord. No. 6802, 1-24-2023]

ACRE

Unit of land measure; forty-three thousand five hundred sixty (43,560) square feet. As a square, each segment measures two hundred eight and seventy-one hundredths (208.71) feet.

ADULT USES

Specifies the types of establishments that offer for sale or for viewing, for any form of consideration, any books, magazines, periodicals or other printed matter, instruments, devices or paraphernalia that are designed for use in connection with sexual activities or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of sexual activities or anatomical areas; including massage parlors where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. Adult uses may not be located within two hundred (200) feet of any school, place of religious worship or any parcel in which another existing adult use is located.

AGGRIEVED PARTY

For the purpose of standing to file permitted appeals from decisions made in the course of administration of the City's land use regulations, an "aggrieved party" is either:

The applicant, or

One who:

Suffers a demonstrable and material adverse effect from the decision at issue, and

Is the owner or occupant of property within two hundred (200) feet of the subject property as measured from all boundaries of the subject property.

ALLEY

A public or private thoroughfare which affords only a secondary means of access to abutting property.

ALTERATION

A physical change in a structure or an addition to a structure. The term "alteration" includes renovation, modification, rehabilitation and restoration.

AMATEUR RADIO ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

Any antenna that is owned and operated by an amateur radio operator licensed by the FCC.

ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

Any device, array or antenna of any kind including, but not limited to, whip antennas, panel antennas and satellite antennas that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite dishes and home antennas.

ANTENNA SUPPORT STRUCTURE (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

Any structure designed and constructed or otherwise used for the support or mounting of antennas. For purposes of this Article, the term "antenna support structure" shall also include any related and necessary cabinet or shelter when the context so indicates.

APARTMENT HOUSE

See "DWELLING, MULTIPLE".

APPLICANT

An individual or a corporation, firm, partnership, joint venture, association, organization or entity of any kind, including any shareholder, owner, officer, partner, joint venturer or member of such entity or any other person holding an ownership interest in such entity.

ART GALLERY

A place or establishment for art exhibitions and sales. For the purposes of parking regulations, an "art gallery" shall be considered a general retail use.

ATRIUM

A multiple story open area that is enclosed or partially enclosed by glass walls or a glass roof or both.

[1]

AUTOMOBILE AGENCY

A facility used for the sale and display of automobiles both new and used.

AVERAGE SETBACK

Where fifty percent (50%) or more of the frontage along any block face is improved with buildings that have observed a front yard line with a variation in depth of not more than ten (10) feet, the average of such front yard lines shall be the minimum setback observed in such block face in lieu of the required front yard setback. For example, when calculating the average setback for a block face with ten (10) homes, where nine (9) homes have setbacks ranging from twenty-five (25) feet to thirty-five (35) feet and the remaining home has a forty (40) foot setback, the home with the forty (40) foot setback is not included in the calculation for the average. No front yard shall be required to exceed the maximum of sixty (60) feet.

BALCONY

An exterior floor projecting from the wall of an upper story, enclosed by a railing or balustrade, with an entrance from the building and supported by the structure without additional independent supports. This definition has also been amended within Chapter 410.

BASEMENT

That portion of a building which is partly below and partly above grade and having at least one-half (½) of its height above grade.

BUFFER AREA

An area separating two (2) or more land uses from one another.

BUILDABLE AREA

That part of the lot remaining to be built upon after provision of all required front, side and rear yards setbacks are considered.

BUILDABLE WIDTH

The width of the lot left to be built upon after the side yard setbacks are provided.

BUILDING

Any structure, including a roof supported by walls or columns, for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by dividing walls without openings, each portion of such building so separated, shall be deemed a separate building.

BUILDING (AS USED IN REGULATING PARKING)

Any structure occupied or intended for supporting or sheltering any occupancy.

BUILDING BULK

The height, depth, width, density and volume of a building.

BUILDING, HEIGHT OF

The vertical distance from grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge of a gable, hip or gambrel roof. In the case of new construction and building additions, building height shall be measured from existing grade prior to the commencement of any construction.

BUILDING-INTEGRATED RENEWABLE ENERGY SYSTEM

A renewable energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building which contributes to the design of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

BUILDING-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system affixed to either a principal or accessory structure on a lot.

CABINET (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

A casing or console, not to include a shelter, used for the protection and security of communications equipment associated with one (1) or more antennas, the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.

CAFETERIA

A restaurant in which food is displayed on counters and customers serve themselves. For the purposes of this Chapter, cafeterias which are open to and serve the general public shall be considered a restaurant use and must comply with all regulations applicable to restaurant uses.

Additionally, cafeterias that are closed to and do not serve the general public shall not be considered a restaurant use. Cafeteria uses which are exclusively open to and serve on-site employees and/or residents shall be deemed to be an accessory use of the principal use.

CARRIAGE HOUSE

See "accessory dwelling unit."

[Ord. No. 6802, 1-24-2023]

CELLAR

Same as a basement, except that a cellar has more than one-half (½) of its height from floor below grade.

CENTRAL BUSINESS DISTRICT (AS USED IN REGULATING PARKING)

The Central Business District shall be that area bounded by the following perimeter: Beginning at the intersection between the east most City limits and Forest Park Parkway, then west along Forest Park Parkway, then north along Brentwood Boulevard, then west along Forsyth Boulevard, then west behind the south property lines of the parcels on the south side of Maryland Avenue to the west most City limits, then north along the west most City limits, then east to include all commercially zoned properties along the north side of Maryland Avenue (from the west most City limits to the east side of Central Avenue), also including all properties fronting onto Meramec Avenue (from Maryland Avenue to Kingsbury Avenue), then east along Maryland Avenue to Hanley Road, then south along Hanley to the alley just north of Forsyth Boulevard, then along the alley to the east most City limits, then south along the east most City limits to Forest Park Parkway, as depicted by the map below; except those areas or projects designated as planned unit developments or special development districts.

CHILD DAY CARE HOME

A home occupied as a residence by the day care provider in which the provision of care and supervision to children under the age of thirteen (13) years is provided in the home by the occupant(s) of the home to non-occupants of the home on a recurring basis, whether or not the dwelling occupant receives compensation for such services. A home day care shall not include the occasional hosting of a play group.

A child day care home may be operated only in accordance with the conditions and restrictions of Article II, Section 405.260 of this Chapter.

CHURCH

See "PLACE OF RELIGIOUS WORSHIP".

CLINIC

An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

CLUB

A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

CO-USE (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

The location and use of two (2) or more antennas on a single antenna supporting structure.

COMMERCIAL ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

An antenna used for commercial purposes.

COMMERCIAL VEHICLES (AS USED IN REGULATING PARKING)

Those vehicles other than employees' own vehicles parked and used for personal transportation during normal working hours and employed by a business for the delivery of goods and services, whether or not they are parked on the premises overnight. In addition, where employees' personal vehicles are regularly used for delivery of goods to customers and loading/unloading of supplies or goods, they shall be considered as commercial vehicles.

CONDITIONAL USE

A use allowed in a zoning district only after a permit is granted according to provisions of Article VII of this Chapter.

CONDOMINIUMS

All the land, property and space comprising the parcel or parcels, all improvements and structures erected, constructed or contained therein or thereon, including the building and all easements, rights and opportunities belonging thereto and other fixtures and equipment intended for the mutual use, benefit or enjoyment of the unit owners, subject to the provision of Chapter 448, RSMo., and this Chapter.

COURTYARD

An open space with or without direct street access around which is arranged a single building or a group of related buildings.

DAY (CALENDAR DAY)

For the purposes of this Chapter, a calendar day as defined herein. A calendar day shall be construed to mean any twenty-four (24) hour period beginning and ending at Midnight. For the purposes of computing any period of time prescribed or allowed by this Chapter, the day of the act or event on which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included.

DECK

An exterior floor supported on at least two (2) opposing sides by an adjacent structure and/or posts, piers or other independent support.

DEVELOPMENTAL STANDARDS

Regulations and standards, including developmental standards and use limitations as defined by the size, bulk or siting conditions of buildings or land uses located within a designated use district.

DIRECTOR (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS, ANTENNA SUPPORT STRUCTURES AND FACILITIES)

The City's Director of Planning and Development or his/her designee.

DISGUISED SUPPORT STRUCTURE (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

Any free-standing, manmade structure designed for the support of antennas, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, pylon sign structures, water towers, artificial trees, flagpoles and light standards.

DISPLAY WINDOW

A window of at least eight (8) horizontal feet in length installed in the wall of a first (1st) or second (2nd) floor of a retail establishment fronting a street for the purpose of displaying merchandise or products offered for sale on the premises.

DORMITORY

A building or portion thereof which contains living quarters for students, staff or members of an accredited college, university, boarding school, theological school, hospital, religious order or comparable organization; provided that said building is owned and managed by said organization.

DRUG REHABILITATION FACILITY

Inpatient or outpatient facilities for the treatment of alcohol and other drug abuse to be operated and located as stand-alone building(s) only.

DWELLING

Any building or portion thereof which is designed and used exclusively for residential purposes.

DWELLING, MULTIPLE

A building or portion thereof designed and used for occupancy by three (3) or more families each in a separate dwelling unit.

DWELLING, SINGLE-FAMILY

A building designed and used for occupancy by one (1) family.

DWELLING, TOWNHOUSE

A type of multiple unit dwelling, comprised of three (3) or more attached single dwelling units erected in a row and separated from an adjoining unit(s) by a vertical party wall or other approved fire-rated wall without openings, except that basement areas used as a common garage area for the units need not have such separation. A townhouse may occupy a single platted lot (condominium) or multiple platted lots (fee simple), subject to the provisions of Section 405.280.

[Ord. No. 6509, 11-28-2017]

DWELLING, TWO-FAMILY

A building containing two (2) separate dwelling units designed and used for occupancy by two (2) families.

DWELLING UNIT

A single unit providing complete, independent living facilities occupied by or intended to be occupied as separate living unit by a single family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EMPLOYEES (AS USED IN REGULATING PARKING)

The regular working staff (paid, volunteer or otherwise) at maximum strength necessary to operate, maintain or service any given facility or use under normal levels of service. Includes the teachers and administrators in an accredited school or degree program, including hospital-based medical education programs.

ENCROACHMENT

An extension of a structure or use into the required setback or public right-of-way.

ENTRYWAY (CBD DESIGN CONCEPT)

As defined in the Clayton Business Districts Master Plan, the Forsyth corridor should serve as the spine of Clayton's Central Business District, with the west entrance at Shaw Park and the east entrance at the Clayton Plaza. These entrances are envisioned as greenspace areas.

ERECT

To build, construct, install, attach, hang, place, inscribe, suspend, affix, paint or repaint.

FAA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

The Federal Aviation Administration.

FACILITIES (AS USED IN REGULATING FACILITIES)

A network or system, or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances, or other equipment; provided however, that facilities shall not include individual service drops of one hundred (100) feet or less, temporary construction facilities, or private sewer laterals.

FACILITIES PERMIT (AS USED IN REGULATING FACILITIES)

A permit granted by the City for the placement of facilities on private property.

FAMILY

An individual or married couple and the children thereof (by blood, marriage or adoption) and no more than one (1) other person related directly to the individual or married couple by blood or marriage; a group of three (3) or fewer individuals residing together in a dwelling unit as a single housekeeping unit except in living units with four (4) or more bedrooms (bedrooms as defined by the applicable City code), four (4) or fewer unrelated individuals shall constitute a family.

City Code provisions regulating overcrowding shall supersede the right to reside as a "family" as defined by this Section. The definition of "family" shall not be construed to include hotels, clubs, rooming houses, fraternity or sorority homes or religious congregate living arrangements.

FCC (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

The Federal Communications Commission.

FENCE

A constructed barrier between portions of a lot or between two (2) or more lots or between a lot and a public right-of-way.

FINISHED GRADE

A reference plane representing the final ground level adjoining the building at all exterior walls. See also "GRADE".

FLAG LOT

See "LOT, FLAG".

FLOOR AREA

The gross horizontal area of each floor, including basements, cellars and penthouses, measured from the exterior faces of a building. Areas within a building used for parking and mechanical penthouses, atriums and landscaped decorative pedestrian areas shall be excluded from the measurement of floor area.

FLOOR AREA RATIO

The total floor area of all structure improvements on a lot, divided by the area of the lot.

FRONT YARD

See "YARD, FRONT".

FRONTAGE

That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered frontage.

GARAGE, PRIVATE

An accessory building or portion of the main building designed and used for the storage of four (4) or fewer motor-driven vehicles owned by the occupants of the property on which it is accessory.

GARAGE, PUBLIC

A building or portion thereof, other than a private garage, designed or used for the short- or long-term parking of five (5) or more motor-driven vehicles.

GAS STATION

See "SERVICE STATION".

GRADE

A reference plane representing the average of ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established as the lowest points within the area between the building and the lot line or, when the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.[2]

GROCERY STORE

A store selling food and other household goods, which may include the sale of prepared cooked food.

[Ord. No. 6333 §1, 8-26-2014]

GROSS FLOOR AREA (AS USED IN REGULATING PARKING)

The gross floor area (GFA) of the occupied space, including the exterior building or structure. GFA shall include all occupiable areas minus the following deductions:

Vehicular parking and loading areas within the structure.

Floor area occupied by HVAC (heating, ventilating and air-conditioning), mechanical, electrical, communications and security equipment or apparatus.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is not attached to another structure and is affixed to the ground.

GROUND-MOUNTED WIND ENERGY SYSTEM

A wind energy system that is not attached to another structure and is affixed to the ground with a monopole tower.

GROUP HOME

Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

GUEST

A person who occupies or has the right to occupy a residence as a visitor for a period of thirty (30) days or less.

HEALTH CLUB

An athletic facility equipped for sports and/or physical training, including all facilities offering personal training.

[Ord. No. 6333 §1, 8-26-2014]

HOME ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)

Any receive-only television antenna or amateur radio antenna not used for commercial purposes.

HOME OCCUPATION

Any profession being conducted in a residential dwelling unit. A home occupation may be operated only in accordance with the conditions and restriction of Article II, Section 405.300 of this Chapter.

HOSPITAL

An establishment providing physical or mental health services, inpatient or overnight accommodations and medical or surgical care of the sick or injured; including sanitariums.

HOTEL

A building in which lodging is provided and offered to transient guests for compensation. Primary ingress and egress to and from rooms is made through an inside lobby and an office is on the premises.

IMPERVIOUS COVERAGE

That area within a lot that is covered by impervious materials.

IMPERVIOUS MATERIAL

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, surfaces such as compacted sand, limerock or clay, asphalt concrete, driveways, retaining walls, stair wells, stairways, walkways, decks and patios at grade level and other similar structures. For the purposes of calculating impervious coverage, pools and other water features shall only count at fifty percent (50%) of the actual water area.

INSTITUTION

A building or area occupied by a non-profit corporation or a non-profit establishment for public uses.

KINDERGARTEN, PRE-KINDERGARTEN, NURSERY

Any land, building, structure or premises used for educational instruction and/or supplemental parental care for four (4) or more children, either on an hourly or daily basis, with or without compensation.

KIOSK

An exterior self-standing accessory structure in a public place used for providing and disseminating information. Privately owned and operated kiosks may be approved as part of the site plan for a larger development, if the development provides adequate open space or public area. No privately owned kiosks may be placed in the public right-of-way. All privately owned or operated kiosks must comply with the provisions of Article II, Section 405.310.

LANDSCAPED SPACE

Open space on a lot devoted to plants rooted directly in the ground or in permanent planters.

LAUNDRY SHOP

A building or portion thereof equipped with no more than thirty (30) automatic type laundry and drying machines.

LOADING SPACE

A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

LOT

A parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, including the open spaces and parking spaces required by this Chapter and having its primary frontage upon a street or upon an officially approved place.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT COVERAGE

The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features.

LOT, DEPTH OF

The distance between the front lot line and the rear lot line. In the case of an irregular shaped lot, the depth of the lot shall be the mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, FLAG

A lot located behind another lot, with no direct access to the street other than a driveway or other narrow corridor.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The lines bounding a lot as defined herein.

LOT OF RECORD

A lot which is a part of a subdivision, the map of which has been recorded at the St. Louis County Recorder of Deeds, or a lot described by metes and bounds, the description of which has been recorded at the St. Louis County Recorder of Deeds.

MARIJUANA or MARIHUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. “Marijuana” or “Marihuana” do not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.