[Ord. No. 649 §1, 3-4-2002; Ord. No. 969 §2, 2-6-2012]
A. 
Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Code, have the meanings shown in this Chapter.
B. 
Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
C. 
Terms Defined In Other Codes. Where terms are not defined in this Code and are defined in the Building or Mechanical Codes, such terms shall have the meanings ascribed to them as in those codes.
D. 
Terms Not Defined. Where terms are not defined through the methods authorized by this Section, such terms shall have ordinarily accepted meanings such as the context implies.
ABANDONED SIGN
A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy or as otherwise defined by State law.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
ACCESSORY LIVING QUARTERS
An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
ACCESSORY USE
A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.
ACREAGE, GROSS
The overall total area of real property.
ACREAGE, NET
The remaining area after all deductions are made with deductions including streets, easements for access, street dedications and similar areas.
AGRICULTURE
The tilling of the soil, raising of crops, farm animals, livestock, horticulture, gardening, beekeeping and aquaculture.
ALLEY
A permanent public service way or right-of-way dedicated to the public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of abutting property. To be used primarily in commercially zoned areas.
ALTERATION
Any change, addition or modification in construction, occupancy or use.
AMUSEMENT CENTER
An establishment offering five (5) or more amusement devices including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:
1. 
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or both of the classifications noted below:
a. 
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purpose of this Chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.
b. 
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
2. 
ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
3. 
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
APARTMENT HOUSE
A residential building designed or used for three (3) or more dwelling units.
ARCHITECTURAL PROJECTION
Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building but does not include signs as defined herein. See also "AWNING", "BACK-LIT AWNING", "CANOPY, ATTACHED" and "CANOPY, FREESTANDING".
AUTOMOTIVE REPAIR, MAJOR
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building.
AUTOMOTIVE REPAIR, MINOR
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, which is conducted within a completely enclosed building.
AUTO SALVAGE
The collecting, dismantling or wrecking of used motor vehicles or trailers or the storage or sale of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.
AUTOMOTIVE SELF-SERVICE STATION
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic car wash.
AUTOMOTIVE SERVICE STATION
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service and food sales.
AWNING
A shelter supported entirely from the exterior wall of a building.
AWNING SIGN
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "WALL" or "FASCIA SIGN".
BACK-LIT AWNING
An awning with a translucent covering material and a source of illumination contained within its framework.
BANNER
A flexible substrate on which copy or graphic may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BASEMENT
Any floor level below the first (1st) story in a building except that a floor level in a building having only one (1) floor level shall be classified as a basement unless such floor level qualifies as a first (1st) story as defined herein.
BED AND BREAKFAST FACILITY
A limited commercial activity conducted within a structure which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
BILLBOARD
See "OFF-PREMISE SIGN" and "OUTDOOR ADVERTISING SIGN".
BLOCK
Land or a group of lots surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract.
BOARD
The Board of Adjustment of the adopting jurisdiction.
BOARD OF ALDERMEN
The Board of Aldermen of the City of Concordia, Missouri.
BOARDING HOUSE
A dwelling containing a single dwelling unit and not more than ten (10) guest rooms or suites of rooms, where lodging is provided with or without meals for compensation for more than one (1) week.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE
The International Building Code promulgated by the International Code Council, as adopted, with amendments by this jurisdiction.
BUILDING ELEVATION
The entire side of a building from ground level to the roof line as viewed perpendicular to the walls on that side of the building.
BUILDING HEIGHT
The vertical distance above the average existing grade measured to the highest point of the buildIng. The height of a stepped or terraced building shall be the maximum height of any segment of the building.
BUILDING LINE
The perimeter of that portion of a building or structure nearest a property line but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING, MAIN
A building in which the principal use of the site is conducted.
BUILDING, TEMPORARY
A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities or other community facilities or used temporarily in conjunction with the sale of property within subdivision under construction.
BUSINESS OR FINANCIAL SERVICES
An establishment intended for the conduct or service or administration by a commercial enterprise or offices for the conduct of professional or business service.
CANOPY (ATTACHED)
A multi-sided overhead structure or architectural projection supported by attachments to a building on one (1) or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "MARQUEE".
CANOPY (FREESTANDING)
A multi-sided overhead structure supported by columns but not enclosed by walls. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or freestanding canopy.
CARPORT
A roofed structure open on at least two (2) sides and used for the storage of private or pleasure-type vehicles.
CITY
City of Concordia, Missouri.
CITY ENGINEER
A registered professional engineer, registered in the State of Missouri, duly appointed by the Board of Aldermen to advise the City on matters relating to engineering, planning and surveying.
CHANGEABLE SIGN
A sign with the capability of content change by means of manual or remote input, including signs which are:
1. 
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually.
2. 
ELECTRICALLY ACTIVATEDChangeable sign whose message, copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetical or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "ELECTRONIC MESSAGE SIGN OR CENTER".
CHILD DAY CARE CENTER
A child day care center or center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24)-hour day.
[Ord. No. 1481, 11-18-2019]
CHURCH
At a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship. Unless the organization is reasonably available to the public in its conduct of worship, its educational instruction, and its promulgation of doctrine, it cannot fulfill the associational role that Courts have increasingly adopted as a threshold for determining when an organization qualifies as a church. Other key factors to consider include whether the organization has a distinct legal existence, recognized creed and form of worship, definite and distinct ecclesiastical government, a formal code of doctrine and discipline, distinct religious history, membership not associated with any other church or denomination, organization of ordained ministers, ordained ministers selected after completing prescribed studies, literature of its own, established places of worship, regular congregations, and regular religious services. No single factor is controlling but having regular meetings with a regular congregation should be weighted more heavily than some of the other factors. Cities can generally use a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for the purposes of the MMJ Ordinance.
[Ord. No. 1481, 11-18-2019]
COMBINATION SIGN
A sign that is supported partly by a pole and partly by a building structure.
COMMERCIAL, HEAVY
An establishment or business which generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT
An establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
COMMERCIAL CENTER, COMMUNITY
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise and may include a variety store, discount store or supermarket.
COMMERCIAL CENTER, CONVENIENCE
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.
COMMERCIAL CENTER, NEIGHBORHOOD
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sale of convenience goods and services with a supermarket as the principal tenant.
COMMERCIAL CENTER, REGIONAL
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings and other retail sales and services in full depth and variety.
COMMERCIAL RETAIL SALES AND SERVICES
Establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions), businesses specializing in sale of either general merchandise or convenience goods.
COMMISSION
The Concordia Planning Commission.
COMPREHENSIVE PLAN
The complete plan, including all of its parts, for the development of the City, prepared by the Commission and adopted by the Board of Aldermen in accordance with the authority conferred by Chapter 89, RSMo., 1954, as amended.
CONDITIONAL USE
A use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
CONDOMINIUM
A single dwelling unit in a multi-unit dwelling or structure which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
CONGREGATE RESIDENCE
Any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this Code and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.
CONVALESCENT CENTER
A facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.
COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
COURT
A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.
DANCE HALL, DISCOTHEQUE
An establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.
DAY CARE, FAMILY
The keeping for part-time care and/or instruction, whether or not for compensation, of six (6) or less children at any one time within a dwelling, not including members of the family residing on the premises.
DAY CARE, GROUP
An establishment for the care and/or instruction, whether or not for compensation, of seven (7) or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition.
DENSITY
The number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
DEVELOPER
Any person, association, corporation, firm, partnership, joint venture or other entity or group which intends to or has begun construction or reconstruction in a single contiguous area for sale, lease or rent or any person, association, corporation, firm, partnership, joint venture or other entity or group which intends to or has begun construction in a commercial or planned development in the unincorporated territory of the City.
DEVELOPMENT COMPLEX SIGN
A freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DOUBLE-FACED SIGN
Any sign with two (2) faces, back to back.
DRIVEWAY
A private access road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.
DWELLING, DUPLEX
A building designed or arranged to be occupied by two (2) families living independently, the structure having only two (2) dwelling units.
DWELLING, MULTIPLE-UNIT
A building or portion hereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.
DWELLING, PLANNED GROUP
Two (2) or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
DWELLING, SINGLE-FAMILY
A detached dwelling unit with kitchen and sleeping facilities designed for occupancy by one (1) family.
DWELLING UNIT
Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this Code, for not more than one (1) family or a congregate residence for six (6) or less persons.
EASEMENT
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTER
An electrically activated changeable sign whose variable message capability can be electronically programmed.
EXCEPTION
The allowance of a use otherwise prohibited by this Chapter in a particular district. Such an allowance may be granted only by the express action of the Board of Zoning Adjustment within the limits on such allowances expressed within this Chapter.
EXTERIOR SIGN
Any sign placed outside a building.
FACADE
See "FACE OF BUILDING, PRIMARY".
FACE OF BUILDING, PRIMARY
The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
FASCIA SIGN
See "WALL SIGN".
FAMILY
An individual or two (2) or more persons related by blood, marriage or adoption or a group not to exceed six (6) unrelated persons living together as a single housekeeping unit.
FARM ANIMALS
Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.
FLASHING SIGN
See "ANIMATED SIGN, ELECTRICALLY ACTIVATED".
FLOOD PLAIN
All lands within the jurisdiction of the City identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered; a Floodway Overlay District (FW) and a Floodway Fringe Overlay District (FF) identified in the Flood Insurance Study and accompanying maps, said maps being incorporated as part of the Zoning Map.
FLOOR AREA, GROSS
The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.
FLOOR AREA, NET
The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
FLOOR AREA RATIO
The numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.
FREESTANDING SIGN
A sign principally supported by a structure affixed to the ground and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a single premise oriented to the public way or other properties that it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premise along either a public way or other properties on which it borders.
GARAGE, PRIVATE
A building or a portion of a building not more than one thousand (1,000) square feet (ninety-three (93) m2) in area in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GENERAL PLAN
The declaration of purposes, policies and programs for the development of the jurisdiction.
GRADE (ADJACENT GROUND ELEVATION)
The lowest point of elevation of the existing surface of the ground within the area between the building and a line five (5) feet (one thousand five hundred twenty-four (1,524) mm) from the building.
GRAFFITI
Unauthorized marking on a structure.
GROSS LEASABLE AREA (GLA)
The total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet (m 2) as measured from the centerline of joint partitions and from outside wall faces.
GROUND SIGN
See "FREESTANDING SIGN".
GROUP CARE FACILITY
A facility, required to be licensed by the State, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.
GUEST ROOM
Any room or rooms used or intended to be used by a guest for sleeping purposes. Every one hundred (100) square feet (nine and three-tenths (9.3) m2) of superficial floor area in a dormitory shall be considered to be a guest room.
HABITABLE SPACE (ROOM)
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.
HAZARDOUS WASTE
Any waste or combination of wastes as defined by or listed in Missouri State Regulations 10 CSR 2511; which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness or which may pose a threat to the health of humans or other living organisms.
HIGH WATER LINE
See "FLOOD PLAIN".
HOME OCCUPATION
The partial use of a dwelling unit for commercial or non-residential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.
HOSPITAL
An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services primarily for inpatients and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
HOUSEHOLD PETS
Dogs, cats, rabbits, birds, for family use only (non-commercial) with cages, pens, etc.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated).
INDUSTRIAL OR RESEARCH PARK
A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
INTERIOR SIGN
Any sign placed within a building but not including "window signs" as defined by this Section. Article XIX of this Chapter does not regulate interior signs, with the exception of window signs.
JURISDICTION
The corporate area of the City of Concordia, Missouri.
KENNEL
Any lot or premises on which four (4) or more dogs or cats over six (6) months of age are kept, for compensation or not.
KITCHEN
Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
LANDSCAPING
The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
LEGISLATIVE BODY
The political entity of the adopting jurisdiction.
LIVESTOCK
Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
LIVING AREA
That portion of the dwelling unit utilized for living purposes within the exterior walls of the structure and does not include porches, breezeways, garages and carports.
LOADING SPACE
A space within the main building or on the same lot providing for the loading or unloading of trucks with a minimum of fourteen (14) by fifty (50) feet and a vertical clearance of eighteen (18) feet.
LOT
A portion of a subdivision or their parcel of land intended as a unit for transfer of ownership.
LOT, CORNER
A lot abutting on two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees (135°).
LOT, INTERIOR
A lot other than a corner lot.
LOT, IRREGULAR
A lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac or where the side property lines are not parallel to each other.
LOT, FLAG
A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site the frontage street.
MANSARD
An inclined decorative roof-like projection that is attached to an exterior building facade.
MANUFACTURED HOME (MOBILE HOME)
A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet (two thousand four hundred thirty-eight (2,438) mm) or more in width or forty (40) body feet (twelve thousand one hundred ninety-two (12,192) mm) in length or when erected on site is three hundred twenty (320) square feet (twenty-nine and seven-tenths (29.7) m 2) or more and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
MANUFACTURED HOME, SPECIAL CARE
A home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health.
MANUFACTURING, HEAVY
All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
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 seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 or 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 1481, 11-18-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 1481, 11-18-2019]
MARQUEE
See "CANOPY (ATTACHED)".
MARQUEE SIGN
See "CANOPY SIGN".
MAY
As used in these regulations, the word "may" is passive unless the context clearly indicates otherwise.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 1481, 11-18-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Projects Manufacturing Facility.
[Ord. No. 1481, 11-18-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test Facility, or to another Medical Marijuana-Infused Projects Manufacturing Facility.
[Ord. No. 1481, 11-18-2019]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
[Ord. No. 1481, 11-18-2019]
MENU BOARD
A freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window and which has no more than twenty percent (20%) of the total area for such a sign utilized for business identification.
MOBILE HOME PARK
A tract of land developed and operated as a unit with individual sites and facilities to accommodate two (2) or more mobile homes.
MODEL HOME
A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.
MODULAR HOME
A factory-built home, other than a manufactured home, which meets all of the following requirements:
1. 
Is designed only for erection or installation on a site-built permanent foundation;
2. 
Is not designed to be moved once so erected or installed;
3. 
Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code or with a State or local modular building code recognized as generally equivalent to building codes for site-built housing; or
4. 
To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation.
MORTUARY, FUNERAL HOME
An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.
MOTEL, HOTEL
Any building containing six (6) or more guest rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
MULTIPLE-FACED SIGN
A sign containing three (3) or more faces.
NATURAL WATERWAYS
Those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.
NON-CONFORMING LOT
A lot whose width, area or other dimension did not conform to the regulations when this Code became effective.
NON-CONFORMING SIGN
A sign or sign structure or portion thereof lawfully existing at the time this Code became effective, which does not now conform.
NON-CONFORMING STRUCTURE
A building or structure or portion thereof lawfully existing at the time this Code became effective which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
NON-CONFORMING USE
See "USE, NON-CONFORMING".
OFF-PREMISE SIGN
See "OUTDOOR ADVERTISING SIGN".
ON-PREMISE SIGN
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.
OPEN SPACE
Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities.
OPEN STORAGE
The location of bulk items, assemblies or subassemblies in areas exposed to weather, in whole or in part, for the end use of further manufacturing process, sale to transportation. This shall include, but not be limited to, open display of transportation vehicles, marine craft, aircraft, mobile homes, modules, recreation vehicles, junk yards or "piggy back" containers. It does not include storage that is totally enclosed in a structure.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or non-commercial messages not appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.
PARAPET
The extension of a building facade above the line of the structural roof.
PARCEL
A tract of land which is not a defined lot in a subdivision of record or dedicated street and has boundaries described by a sectional or metes and bounds or sectional description.
PARK
A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARK AND RIDE FACILITIES
Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting or for access to recreation areas.
PARKING GARAGE, COMMERCIAL
A building, other than a private garage, used for the parking of automobiles with or without a fee.
PARKING SPACE, AUTOMOBILE
A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.
PERSON
A natural person, heirs, executors, administrators or assigns and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PLANNED UNIT DEVELOPMENT (PUD)
A residential or commercial development guided by a total design plan in which one (1) or more of the zoning or subdivision regulations, other than usage regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location in accordance with general guidelines.
PLOT PLAN
A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets and other such information.
POLE SIGN
See "FREESTANDING SIGN".
POLITICAL SIGN
A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
POOLS, SWIMMING, HOT TUBS AND SPAS
Above-ground/on-ground pool. See "PRIVATE SWIMMING POOL".
1. 
BARRIERA fence, a wall, a building wall, the wall of an above-ground swimming pool or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
2. 
HOT TUBSee "PRIVATE SWIMMING POOL".
3. 
IN-GROUND POOLSee "PRIVATE SWIMMING POOL".
4. 
POOL SAFETY COVERA pool cover which is placed over the water area and is opened and closed with a motorized mechanism activated by a control switch.
5. 
PRIVATE SWIMMING POOLAny structure that contains water over twenty-four (24) inches (six hundred ten (610) mm) in depth and which is used or intended to be used for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
6. 
PRIVATE SWIMMING POOL, INDOORAny private swimming pool that is totally contained within a private structure and surrounded on all four (4) sides by walls of said structure.
7. 
PRIVATE SWIMMING POOL, OUTDOORAny private swimming pool that is not an indoor pool.
8. 
PUBLIC SWIMMING POOLAny swimming pool other than a private swimming pool.
9. 
SPASee "PRIVATE SWIMMING POOL".
PORTABLE SIGN
A sign not permanently attached to the ground or to a building or building facade.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects more than eighteen (18) inches (four hundred fifty-seven (457) mm) from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
PUBLIC IMPROVEMENTS
Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrianway, tree lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.
PUBLIC SERVICES
Uses operated by a unit of government to serve public needs, such as Police (with or without jail), fire service, ambulance, judicial court or government offices but not including public utility stations or maintenance facilities.
PUBLIC UTILITY STATION
A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications and related equipment or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition.
[Ord. No. 1481, 11-18-2019]
QUASI-PUBLIC
Essentially a public use, although under private ownership or control.
QUORUM
A majority of the authorized members of a board or commission.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
RECREATION, INDOOR
An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters and related amusements.
RECREATION, OUTDOOR
An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
RECREATIONAL VEHICLE
A vehicular unit, other than a mobile home, whose gross floor area is less than three hundred twenty (320) square feet (twenty-nine and seven-tenths (29.7) m2) which is designed as a temporary dwelling for travel, recreational and vacation use and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles and other such materials.
REGISTERED DESIGN PROFESSIONAL
An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the State in which the project is to be constructed.
REHABILITATION CENTER (HALFWAY HOUSE)
An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY
A use or building owned or maintained by organized religious organizations or non-profit associations for social, civic or philanthropic purposes or the purpose for which persons regularly assemble for worship.
RENOVATION
Interior or exterior remodeling of a structure other than ordinary repair.
RESTAURANT
An establishment which sells prepared food for consumption. Restaurants shall be classified as follows:
1. 
RESTAURANT, FAST-FOODAn establishment which sells food already prepared for consumption, packaged in paper, styrofoam or similar materials and may include drive-in or drive-up facilities for ordering.
2. 
RESTAURANT, GENERALAn establishment which sells food for consumption on or off the premises.
3. 
RESTAURANT, TAKE-OUTAn establishment which sells food only for consumption off the premises.
REVOLVING SIGN
A sign that revolves three hundred sixty degrees (360°) about an axis. See also "ANIMATED SIGN, MECHANICALLY ACTIVATED".
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way established after the effective date of the UDC and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the right-of-way and not included within the dimensions or areas of the lots or parcels. Right-of-way intended for streets, crosswalks or any other special use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which the right-of-way is established.
ROOF LINE
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
ROOF SIGN
A sign mounted on and supported by the main roof portion of a building or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs.
SALVAGE YARD
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.
SCHOOL
Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
[Ord. No. 1481, 11-18-2019]
SCHOOL, COMMERCIAL
A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).
SETBACK
The minimum required distance between the property line and the building line.
SHALL
As used in these regulations, the word "shall" is always mandatory, unless the context clearly indicates otherwise.
SHOPPING CENTER
Any commercial establishment consisting of wholesale business, retail business or office or any combination thereof having a combined leasable floor area of fifty thousand (50,000) square feet or more. The floor area may be either under one (1) ownership or multiple ownership.
SHOULD
As used in these regulations, the word "should" is always permissive, unless the context clearly indicates otherwise.
SIGHT TRIANGLE
A triangle-shaped portion of land established at street intersections in which nothing is permitted which limits or obstructs the sight distance of motorists entering or leaving the intersection.
SIGN
Any device visible from a public place that displays either commercial or non-commercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Non-commercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
SIGN AREA
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as fifty percent (50%) of the sum of the area of all faces of the sign.
SIGN FACE
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, non-structural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
1. 
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
2. 
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border or a contrasting surface or color.
3. 
In the case of signs painted on a building or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the building or structure.
4. 
In the case of sign copy enclosed within a painted or illuminated border or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background or within the painted or illuminated border.
SIGN STRUCTURE
Any structure supporting a sign.
SIGNS, COMMUNITY
Temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest and which are sponsored or supported by a jurisdiction-based non-profit organization.
SITE PLAN
A plan which outlines the use and development if any tract of land.
SPECIAL USE EXCEPTION
A use permitted within a zoning district, but subject to certain, specific conditions. The applicant must demonstrate compliance with the conditions during a public hearing before the Planning and Zoning Commission.
STRIP MALL
Any commercial establishment consisting of wholesale business, retail business or office or any combination thereof where the total leased area is less than fifty thousand (50,000) square feet.
STORY
That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet (one thousand eight hundred twenty-nine (1,829) mm) above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet (three thousand six hundred fifty-eight (3,658) mm) above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
STREET
Any thoroughfare or public way not less than sixteen (16) feet (four thousand eight hundred seventy-seven (4,877) mm) in width which has been dedicated.
STREET, PRIVATE
A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two (2) or more sites.
SUBDIVISION
The division of a tract, lot or parcel of land into two (2) or more lots, plats, sites or other divisions of land.
TAVERN/BAR
An establishment in which the primary function is the public sale of alcoholic and/or non-alcoholic beverages for consumption on the premises.
TEMPORARY SIGN
A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
THEATER
A building used primarily for the presentation of live stage productions, performances or motion pictures.
UNDER CANOPY SIGN OR UNDER MARQUEE SIGN
A sign attached to the underside of a canopy or marquee.
USE
The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended or for which land or a building is or may be occupied, including all accessory uses.
USE, CHANGE OF
The change within the classified use of a structure or premise.
USE, NON-CONFORMING
A use which lawfully occupied a building or land at the time this Code became effective, which has been lawfully continued and which does not now conform with the use regulations.
USE, PRINCIPAL
A use which fulfills a primary function of a household, establishment, institution or other entity.
USE, TEMPORARY
A use that is authorized by this Code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.
V SIGN
Signs containing two (2) faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape with an interior angle between faces of not more than ninety degrees (90°) with the distance between the sign faces not exceeding five (5) feet (one thousand five hundred twenty-four (1,524) mm) at their closest point.
VARIANCE
A deviation from the height, bulk, setback, parking or other dimensional requirements established by this Code.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches (four hundred fifty-seven (457) mm) from the building or structure wall including signs affixed to architectural projections from a building provided the copy area of such signs remain on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
WAREHOUSE, WHOLESALE OR STORAGE
A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
WATERCOURSE
A channel or location in which a flow of water occurs either continuously or intermittently.
WATERSHED
A region or area bounded peripherally by a water parting and draining ultimately to a particular watercourse or body of water.
WINDOW SIGN
A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
WRECKING YARD
Any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers or parts thereof are stored, bought, sold, accumulated, exchanged, disassembled or handled.
YARD
An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this Code.
YARD, FRONT
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
YARD, REAR
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto.
YARD, SIDE
An open, unoccupied space on the same lot with the building and between the building line and the side lot line or to the ordinary high water lines.
ZERO LOT LINE DEVELOPMENT
Single-family dwellings arranged on individual lots as a detached structure with one (1) or more side walls on a side property line.