[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]
A.
In General.
1.
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.
2.
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.
B.
ACADEMY
ACCESSORY BUILDING OR USE
ACCESSORY DWELLING UNIT
ACRE
ADULT USES
AGGRIEVED PARTY
ALLEY
ALTERATION
AMATEUR RADIO ANTENNA (AS USED IN REGULATING HOME ANTENNAS,
SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
ANTENNA SUPPORT STRUCTURE (AS USED IN REGULATING HOME ANTENNAS,
SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
APARTMENT HOUSE
APPLICANT
ART GALLERY
ATRIUM
AUTOMOBILE AGENCY
AVERAGE SETBACK
BALCONY
BASEMENT
BUFFER AREA
BUILDABLE AREA
BUILDABLE WIDTH
BUILDING
BUILDING (AS USED IN REGULATING PARKING)
BUILDING BULK
BUILDING, HEIGHT OF
BUILDING-INTEGRATED RENEWABLE ENERGY SYSTEM
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
CABINET (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
CAFETERIA
CARRIAGE HOUSE
CELLAR
CENTRAL BUSINESS DISTRICT (AS USED IN REGULATING PARKING)
CHILD DAY CARE HOME
CHURCH
CLINIC
CLUB
CO-USE (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
COMMERCIAL ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE
DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
COMMERCIAL VEHICLES (AS USED IN REGULATING PARKING)
CONDITIONAL USE
CONDOMINIUMS
COURTYARD
DAY (CALENDAR DAY)
DECK
DEVELOPMENTAL STANDARDS
DIRECTOR (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS, ANTENNA SUPPORT STRUCTURES AND FACILITIES)
DISGUISED SUPPORT STRUCTURE (AS USED IN REGULATING HOME ANTENNAS,
SATELLITE DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
DISPLAY WINDOW
DORMITORY
DRUG REHABILITATION FACILITY
DWELLING
DWELLING, MULTIPLE
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
EMPLOYEES (AS USED IN REGULATING PARKING)
ENCROACHMENT
ENTRYWAY (CBD DESIGN CONCEPT)
ERECT
FAA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
FACILITIES (AS USED IN REGULATING FACILITIES)
FACILITIES PERMIT (AS USED IN REGULATING FACILITIES)
FAMILY
FCC (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
FENCE
FINISHED GRADE
FLAG LOT
FLOOR AREA
FLOOR AREA RATIO
FRONT YARD
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GAS STATION
GRADE
GROCERY STORE
GROSS FLOOR AREA (AS USED IN REGULATING PARKING)
GROUND-MOUNTED SOLAR ENERGY SYSTEM
GROUND-MOUNTED WIND ENERGY SYSTEM
GROUP HOME
GUEST
HEALTH CLUB
HOME ANTENNA (AS USED IN REGULATING HOME ANTENNAS, SATELLITE
DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
HOME OCCUPATION
HOSPITAL
HOTEL
IMPERVIOUS COVERAGE
IMPERVIOUS MATERIAL
INSTITUTION
KINDERGARTEN, PRE-KINDERGARTEN, NURSERY
KIOSK
LANDSCAPED SPACE
LAUNDRY SHOP
LOADING SPACE
LOT
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT, DOUBLE FRONTAGE
LOT, FLAG
LOT, INTERIOR
LOT LINES
LOT OF RECORD
MARIJUANA or MARIHUANA
MARIJUANA CULTIVATION FACILITY
MARIJUANA DISPENSARY FACILITY
MARIJUANA FACILITY
MARIJUANA-INFUSED PRODUCTS
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MARIJUANA TESTING FACILITY
MASSAGE PARLOR
MIXED USE BUILDING
MOTOR VEHICLE
MULTIPLE-LEVEL PARKING FACILITY
NON-CONFORMING USE
NON-CONFORMING USE, LEGAL
NOTICE (PUBLIC NOTICE)
NURSING OR CONVALESCENT HOME
OCCUPANCY PERMIT
OCCUPIED SPACE (AS USED IN REGULATING PARKING)
OFF-SITE
OFF-STREET PARKING FACILITY (AS USED IN REGULATING PARKING)
1.
2.
3.
ON-SITE
OPEN AREA
OVERLAY ZONE
PACKAGE LIQUOR STORE
PARK
PARKING LOT
PARKING SPACE
PARTY WALL
PERMITTED OCCUPANCY (AS USED IN REGULATING PARKING)
PERMITTED USE
PERSON
PERSONAL CARE SERVICE
PLACE
PLACE OF RELIGIOUS WORSHIP
PORTE-COCHERE
PREMISES
PRIVATE ROAD
PRIVATE SCHOOL
PROPERTY
PROPERTY OWNER
PUBLIC INTEREST SIGNS
PUBLIC PARKING (AS USED IN TRIGGERING PLANNED UNIT DEVELOPMENT
DISTRICTS OR SPECIAL DEVELOPMENT DISTRICTS)
RENEWABLE ENERGY SYSTEMS
REPAIR SHOP, AUTO
REPLACEMENT VALUE
RESTAURANT
RETAIL ESTABLISHMENT
ROOF-MOUNTED WIND ENERGY SYSTEM
SATELLITE DISH (AS USED IN REGULATING HOME ANTENNAS, SATELLITE
DISHES, COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
SCREEN
SERVICE (AS USED IN REGULATING FACILITIES)
SERVICE STATION
SETBACK
SHELTER (AS USED IN REGULATING HOME ANTENNAS, SATELLITE DISHES,
COMMERCIAL ANTENNAS AND ANTENNA SUPPORT STRUCTURES)
SIGN
SOLAR ENERGY COLLECTOR
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SPECIAL DEVELOPMENT DISTRICT
STEPBACK
STORAGE
STORY
STREET
STRUCTURAL ALTERATIONS
STRUCTURE
STUDIO (ART GALLERY/STUDIO)
TAVERNS/BARS
TEMPORARY SIGN
TOTAL HEIGHT (WIND TURBINE)
TOWER
USE
USE LIMITATIONS
USE REGULATIONS
VARIANCE
VETERINARY HOSPITAL/CLINIC
WHOLESALE SALE
WIND ENERGY SYSTEM
WIND TURBINE
WINE BAR
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING ADMINISTRATOR
ZONING DISTRICT
Definitions. As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
Academy to teach painting, dancing, theater, music and similar
disciplines.
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.
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]
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.
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.
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:
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
A physical change in a structure or an addition to a structure.
The term "alteration" includes renovation, modification,
rehabilitation and restoration.
Any antenna that is owned and operated by an amateur radio
operator licensed by the FCC.
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.
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.
See "DWELLING, MULTIPLE".
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.
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.
A multiple story open area that is enclosed or partially
enclosed by glass walls or a glass roof or both.
[1]A facility used for the sale and display of automobiles both
new and used.
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.
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.
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.
An area separating two (2) or more land uses from one another.
That part of the lot remaining to be built upon after provision
of all required front, side and rear yards setbacks are considered.
The width of the lot left to be built upon after the side
yard setbacks are provided.
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.
Any structure occupied or intended for supporting or sheltering
any occupancy.
The height, depth, width, density and volume of a building.
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.
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.
A solar energy system affixed to either a principal or accessory
structure on a lot.
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.
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.
See "accessory dwelling unit."
[Ord. No. 6802, 1-24-2023]
Same as a basement, except that a cellar has more than one-half
(½) of its height from floor below grade.
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.
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.
See "PLACE OF RELIGIOUS WORSHIP".
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by a group of physicians
practicing medicine together.
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.
The location and use of two (2) or more antennas on a single
antenna supporting structure.
An antenna used for commercial purposes.
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.
A use allowed in a zoning district only after a permit is granted according to provisions of Article VII of this Chapter.
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.
An open space with or without direct street access around
which is arranged a single building or a group of related buildings.
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.
An exterior floor supported on at least two (2) opposing
sides by an adjacent structure and/or posts, piers or other independent
support.
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.
The City's Director of Planning and Development or his/her
designee.
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.
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.
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.
Inpatient or outpatient facilities for the treatment of alcohol
and other drug abuse to be operated and located as stand-alone building(s)
only.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building or portion thereof designed and used for occupancy
by three (3) or more families each in a separate dwelling unit.
A building designed and used for occupancy by one (1) family.
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]
A building containing two (2) separate dwelling units designed
and used for occupancy by two (2) families.
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.
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.
An extension of a structure or use into the required setback
or public right-of-way.
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.
To build, construct, install, attach, hang, place, inscribe,
suspend, affix, paint or repaint.
The Federal Aviation Administration.
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.
A permit granted by the City for the placement of facilities
on private property.
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.
The Federal Communications Commission.
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.
A reference plane representing the final ground level adjoining
the building at all exterior walls. See also "GRADE".
See "LOT, FLAG".
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.
The total floor area of all structure improvements on a lot,
divided by the area of the lot.
See "YARD, FRONT".
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.
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.
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.
See "SERVICE STATION".
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]
A store selling food and other household goods, which may
include the sale of prepared cooked food.
[Ord. No. 6333 §1, 8-26-2014]
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:
A solar energy system that is not attached to another structure
and is affixed to the ground.
A wind energy system that is not attached to another structure
and is affixed to the ground with a monopole tower.
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.
A person who occupies or has the right to occupy a residence
as a visitor for a period of thirty (30) days or less.
An athletic facility equipped for sports and/or physical
training, including all facilities offering personal training.
[Ord. No. 6333 §1, 8-26-2014]
Any receive-only television antenna or amateur radio antenna
not used for commercial purposes.
An establishment providing physical or mental health services,
inpatient or overnight accommodations and medical or surgical care
of the sick or injured; including sanitariums.
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.
That area within a lot that is covered by impervious materials.
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.
A building or area occupied by a non-profit corporation or
a non-profit establishment for public uses.
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.
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.
Open space on a lot devoted to plants rooted directly in
the ground or in permanent planters.
A building or portion thereof equipped with no more than
thirty (30) automatic type laundry and drying machines.
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.
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.
A lot abutting upon two (2) or more streets at their intersection.
The area of a site covered by buildings or roofed areas,
excluding allowed projecting eaves, balconies and similar features.
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.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot located behind another lot, with no direct access to
the street other than a driveway or other narrow corridor.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
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.
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.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
Any “medical marijuana cultivation facility” and “comprehensive marijuana cultivation facility,” as those terms are defined in Article XIV of the Missouri Constitution.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
Any “medical marijuana dispensary facility,” “comprehensive marijuana dispensary facility,” “marijuana microbusiness facility,” and “microbusiness dispensary facility,” as those terms are defined in Article XIV of the Missouri Constitution, licensed by the State of Missouri.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
Any “medical marijuana cultivation facility,” “medical marijuana dispensary facility,” “medical marijuana-infused products manufacturing facility,” “comprehensive marijuana cultivation facility,” “comprehensive marijuana dispensary facility,” “marijuana testing facility,” “comprehensive marijuana-infused products manufacturing facility,” “microbusiness dispensary facility,” as those terms are defined in Article XIV of the Missouri Constitution, and any other type of marijuana related facility or business licensed or certified by the State of Missouri.
[Ord. No. 6822, 3-28-2023]
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, topical products, suppositories, and infused
pre-rolls.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
Any “medical marijuana-infused products manufacturing facility” and “comprehensive marijuana-infused products manufacturing facility,” as those terms are defined in Article XIV of the Missouri Constitution, licensed or certified by the State of Missouri.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 6597, 6-11-2019; Ord. No. 6822, 3-28-2023]
See "ADULT USES".
A building including a combination of at least two (2) of
the following components: residential uses, commercial uses or office
uses.
A vehicle which is propelled by a motor and which is used
for the purpose of carrying persons or commodities.
Public or private garage as defined herein, with multiple
levels accessed by a circulation system.
Any building, use or property which was not erected or established
in conformance to the provisions of the ordinance at the time of its
inception.
Any building, use or property that conformed to the provisions
of the ordinance at the time of its inception, but due to zoning revisions
and amendments effecting the subject zoning district no longer complies
with the permitted use and/or some other provisions of this most recently
approved Chapter.
A statement concerning a pending matter before an official
body of the City of Clayton and, where applicable, proposed action(s)
to be taken in regard to the matter. The terms "notice" and "public notice" are used interchangeably.
A home for the aged, chronically or terminally ill in which
three (3) or more persons are provided with food, shelter and medical
care, for compensation; but does not include hospitals, clinics or
similar institutions devoted primarily to the diagnosis, treatment
or care of the sick or injured.
A permit issued by the City certifying that a structure conforms
to all applicable City ordinances and requirements at the time of
issuance and therefore may be used or occupied per the provisions
of this Chapter.
An area, enclosed or covered, providing a ceiling height
of seven (7) feet zero (0) inches or more, intended for normal use
by people on an occasional or more frequent basis. "Occupied
space" may include basements, cellars, penthouses, attic
space and interior balconies or mezzanines if the space is intended
for use or habitation.
Not being on the same lot as defined herein.
Parking spaces located in an area other than a street or
public right-of-way and limited in use to vehicles not exceeding a
gross vehicle weight of three (3) tons and not parked continuously
for periods of more than forty-eight (48) hours. Parking facilities
include the following subclasses:
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
OPEN PARKING STRUCTUREA parking area or facility comprising one (1) or more floors as a part or whole of a building that meets the requirements for natural ventilation as specified by the adopted Building Code of the City.
ENCLOSED PARKING STRUCTUREA parking area or facility comprising one (1) or more floors as a part or whole of a building that does not meet the adopted Building Code requirements for openness.
Being on the same lot as defined herein.
The portion of a lot or property which is primarily vacant
or is improved with grass, plantings, parking or patios of which no
structure rises to an elevation of thirty (30) inches or more above
the highest curb elevation of the street(s) which bound the lot.
A district in which additional requirements act to supersede
or supplement, as applicable, the regulations of the base zoning district.
A place of business primarily or exclusively for the retail
sale of alcoholic beverages in the original package for consumption
off the business property.
[Ord. No. 6333 §1, 8-26-2014; Ord. No. 6398 §1, 10-27-2015]
An open area available to the general public for recreational,
educational or scenic purposes.
Any place, lot, parcel or other street level property used
in whole or in part for parking of five (5) or more vehicles.
A surfaced area either adjacent to the street or enclosed
within a building, which provides automobile parking. Minimum dimension
per space is nine (9) feet by eighteen (18) feet.
A common wall separating dwelling units.
The capacity of the building expressed in number of persons
as determined by the Fire Marshal and/or the adopted Building Code
of the City.
A use allowed by the regulations of this Chapter for the
district in which the use is located.
A corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as individuals. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine, the word shall include the partners or members
thereof and, as to corporation, it shall include the officers, agents
or members thereof who are responsible for any violation of such Section.
An establishment that primarily provides service generally
involving the care of a person or a person's apparel, including but
not limited to barbershop, beauty salon, tanning salon, nail salon,
clothing rental, tailor, shoe repair, dry cleaning, and drop-off or
self-serve laundries [no more than thirty (30) machines]; except tattoo
parlors.
[Ord. No. 6333 §1, 8-26-2014]
An open unoccupied space other than a street or alley permanently
reserved as the primary means of access to abutting property.
An institution that people regularly attend to participate
in or hold religious services, meetings or other similar activities.
The term shall not carry a secular connotation and shall include buildings
in which the religious services of any denomination are held.
A large porch outside the entrance of a building under which
vehicles may be driven.
A lot inclusive of all buildings and structures thereon.
A portion of private property configured, used and permanently
reserved as the primary means of access to abutting property.
An institution offering general education similar to that
provided in public elementary and high schools. This does not include
nursery schools, play schools, secretarial schools or other limited-purpose
institutions.
A lot, plot or parcel of land including any structure(s)
thereon.
The owner of record of a building or lot.
Signs containing information of interest to the general public,
such as weather and time information.
Parking provided in excess of what is required. Additionally,
in order to qualify as public parking, this excess parking must be
readily accessible to the general public. The amount of excess parking
spaces provided in order to be deemed public parking must be ten percent
(10%) or more than the parking spaces required for the use(s) as required
by the Plan Commission.
Equipment and appurtenances used in the production of energy
through the conversion of sun and wind energy which includes solar
energy and wind energy systems.
Any premises where heavy automobile maintenance activities
such as engine overhauls, automobile painting and body fender work
are conducted.
The estimated current cost in money for the labor and materials
necessary to restore a damaged structure to substantially the same
configuration, using substantially similar types of materials, as
existed before the damage occurred.
A business establishment providing food or drink for consumption
by customers on or off the premises, but excluding facilities for
non-commercial and incidental food services to employees or members
of an office or institution (churches, schools and hospitals) that
specifically never provides food services to the general public.
Facilities for non-commercial and incidental food that are
closed to and do not serve the general public are not required to
meet the regulations of this Chapter applicable to restaurant uses.
Such facilities 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.
Including generally the sale of items such as antiques; appliance
repair; art; art supplies; bakeries and confectioneries (non-manufacturing);
bicycles; books; camera and photographic supplies; china and glassware;
clothing; coin and stamp; crafts/needlework; direct selling; discount/mass
merchandising; drapery/curtain/window coverings; fabrics and sewing
accessories; film/video rentals; floor coverings; furniture; furriers
and fur apparel; garden supply, greenhouses, nurseries, truck gardens
and orchards; gifts/novelty/souvenirs jewelry; hardware; household
appliances; key and lock; laundry/dry cleaning (pickup station only);
leather/luggage/suitcases; lighting and electrical supplies; linens/sheets/towels;
lumber, building supplies and sales display and show rooms for any
building product (including millwork, cabinets, plumbing, glass and
mirror, fencing, swimming pools/spas/hot tubs, etc.); mail order;
merchandise vending; musical instruments; optical shops; newspapers
and magazines; retail florist; paint and wall coverings; pet shops;
pharmacy/drug; printing/copy; photographic studios; pool and patio
furniture; records/audio/stereo/TV; school and office supplies; secondhand
and resale; shoes; shoe repair; small electrical appliance; specialty;
stationery; tailoring and dressmaking; tobacco; tool and appliance
rentals; toys; upholstery and/or drapery services; wholesale florists.
A wind energy system affixed to the roof of a principal or
accessory structure on a lot.
Any exterior-mounted parabolic antenna designed to receive
or transmit voice, video, data or other communications signals to
or from a satellite including, but not limited to, direct-to-home
satellite service, video programming services via multipoint distribution
services, including multi-channel multipoint distribution services,
instruction television fixed services and local multipoint services,
whether used for personal or commercial purposes.
Any individual or groups of shrubbery, hedges, tree(s) or
other plant growth substantial enough in height, width and dimension
to provide sight or noise barriers from the street or adjacent properties.
Additionally, any wall, fence or other solid material that surrounds
mechanical equipment, trash containers, wood compost piles or other
similar uses in yards, on roof tops, where such screening provides
a barrier to the negative impacts associated with sight, smell or
noise.[3]
Providing or delivering an economic good or an article of
commerce, including but not limited to gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
Any premises where gasoline and other petroleum products
are sold and/or maintenance activities such as engine tune-ups, lubrication,
minor repairs and carburetor cleaning are conducted. Service stations
shall not include premises where heavy automobile maintenance activities
such as engine overhauls, automobile painting, body and fender work
are conducted.
The required minimum horizontal distance between the building
line and the related front, side and rear property lines.
A building for the protection and security of communications
equipment associated with one (1) or more antennas.
Any identification, description, illustration or device illuminated
or non-illuminated which is visible from any public place or is located
on private property and exposed to the public and which directs attention
to a product, service, place, activity, person, institution, business
or solicitation, including any emblem, painting, placard or temporary
sign designed to advertise, identify or convey information, with the
exception of window displays and national flags. For the purpose of
removal, "signs" shall also include all sign structures.
The component of a solar energy system containing the flat
plate or tube or other devices that absorb energy from the sun when
exposed to sunlight.
The solar energy collectors, electronics, disconnects, valves,
and other appurtenances associated with a solar energy system.
A building or ground-mounted photovoltaic, hot air, or hot
water collector device or other type of energy system which relies
upon solar radiation as the source for the generation of electricity
or transfer of stored heat.
Special development districts approved prior to the enactment of this Chapter shall be deemed to be the same as the existing special development district. Any enlargement, alteration or extension of an existing special development district shall be considered in accordance with Article IX, Section 405.1320 of this Chapter.
A horizontal recess of a building above a lower level.
The existence of any stock, vehicle, equipment or material
enclosed or unenclosed for a period of more than forty-eight (48)
hours.
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there are no floor(s)
above it, then the space between the floor and the ceiling next above
it.
A paved public or private right-of-way which provides access
to abutting properties from the front. The term includes all facilities,
which normally within the right-of-way, including such other designations
as highway, thoroughfare, parkway, expressway, road, pike, avenue,
boulevard, lane, place, court, but shall not include an alley or pedestrian
way.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders or any substantial change
in the roof or in the exterior walls, not including, however, changes
in doors or windows or alterations which affect primarily the appearance
and not the life of the structure.
A combination of materials constructed or erected at a fixed
location including, but not limited to, a building, wall, parking
deck or other such uses which require location on the ground or attachment
to something located on the ground.
A facility used by an artist, sculptor, photographer.
Establishments other than a wine bar as defined in this Section
used primarily for the serving of alcoholic beverages by the drink
to the general public and where food does not constitute at least
fifty-one percent (51%) of gross sales of the establishment. Taverns
and bars are prohibited in all zoning districts.
A sign attached to the interior of or displayed in a window
or door for a limited period, constructed of paper, cloth or similar
material in order to direct the attention of persons outside the building
to a particular sale of merchandise or a change in the status of a
business.
The vertical distance from average grade at the base of the
system to the tip of a wind generator blade when the tip is at its
highest point.
Any structure that is used to support a wind turbine and
is attached to the ground.
[4]The purpose(s) or activity(ies) for which land or a building
is designed, arranged, intended or used and shall include any performances
of such activity(ies) in compliance with the requirements of this
Chapter.
Regulations intended to limit or emphasize the nature and
quality of uses permitted within a zoning district.
Regulations which relate to a specific quantifiable use condition
such as density or intensity or to building size, bulk or sitting
conditions occurring anywhere and for any type of building located
within a given zoning district.
A granting of relief from the requirements of this Chapter
to permit construction or use in a manner otherwise prohibited by
this Chapter where specific enforcement would result in an extreme
hardship or severe practical difficulty because of the shape of the
lot, topography or other natural situation not the fault of the applicant.
Facilities primarily for the practice of veterinary medicine,
dentistry or surgery for small or companion animals, which can include
accessory accommodations for overnight patients.
[Ord. No. 6527, 3-13-2018]
The sale of goods, merchandise and commodities for resale.
A wind energy conversion system consisting of a wind turbine,
freestanding or attached to a structure, and associated control or
conversion electronics; provided however, that wind energy systems
in the City shall be limited to those which have a rated capacity
of ten (10) kilowatts or less and are used for on-site consumption.
The blades and associated components mounted on top of a
tower whose purpose is to convert kinetic energy of the wind into
rotational energy used to generate electricity.
A type of restaurant (as defined in this Section) with a
floor area not exceeding one thousand five hundred (1,500) gross square
feet which serves food and only beer, wine and non-alcoholic beverages
and where the sale of food consumed on the premises constitutes at
least twenty percent (20%) of gross sales of the establishment.
An open space, other than a courtyard, on the same lot with
a building, unoccupied and unobstructed by any structure or portion
thereof from the ground upward, except as otherwise provided herein.
In measuring a yard for the purpose of determining its width, the
average depth between the building and lot line shall be used.
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the front
lot line and the main building or any projection thereof, other than
steps, uncovered balconies, uncovered porches and terraces. On corner
lots, the front yard shall be considered as parallel to the street
upon which the lot has its least dimension. 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.
A yard extending across the rear of a lot measured between
the side lot lines and being the minimum horizontal distance between
the rear lot line and the main building or any projections other than
steps, uncovered balconies, uncovered porches or terraces. The rear
yard shall, in all cases, be at the opposite end of the lot from the
front yard.
A yard between the building and the side lot line extending
between the front and rear yards, being the minimum horizontal distance
between the side lot line and the main building or any projections
other than steps, uncovered balconies, uncovered porches or terraces.
The Director of Planning and Development Services or duly
authorized representative.
Any section of the City for which the regulations governing
the use, height and area of buildings and property are uniform.
[1]
Editor's Note: The former definition of Attached Single-Family
Developments, which immediately followed, was repealed 11-28-2017
by Ord. No. 6509.
[2]
Editor's Note: The former definition of "granny unit," which
immediately followed this definition, was repealed 1-24-2023 by Ord.
No. 6802.
[3]
Editor's Note: The former definition of "second unit," which
immediately followed this definition, was repealed 1-24-2023 by Ord.
No. 6802. Prior history includes Ord. No. 6333.
[4]
Editor's Note: The former definition of Town House, which
immediately followed, was repealed 11-28-2017 by Ord. No. 6509. See
now definition for Dwelling, Townhouse.