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City of Weldon Spring, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 18-12, 12-11-2018]
A. 
When interpreting the intended meaning of terminology used in this Chapter the following rules shall be observed:
1. 
Unless the context clearly indicates otherwise, words and phrases shall have the meanings respectively ascribed to them in Section 402.020. Terms not defined in Section 402.020 shall have the meanings respectively ascribed to them in the City's Zoning Ordinance. If any term is not defined either in Section 402.020 of this document or in the Zoning Ordinance, said term shall have its standard English dictionary meaning.
2. 
Words denoting or implying one (1) gender shall be deemed to include all genders.
3. 
Words used in the present tense shall include the future tense.
4. 
Singular words shall include the plural of said word and vise versa, unless the context clearly indicates otherwise.
5. 
The word "shall" is mandatory; the word "may" is discretionary.
6. 
The term City (when used alone or in conjunction with another word or words) shall mean the City of Weldon Spring, Missouri.
7. 
Captions (i.e., titles of Sections, Subsections, etc.) are intended merely to facilitate general reference and in no way limit the substantive application of the provisions set forth in this Chapter.
8. 
References to Sections shall be deemed to include all Subsections within that Section; but a reference to a particular Subsection designates only that Subsection.
9. 
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
10. 
The words "used" or "occupied" include the words "intended," "designed" or "arranged to be used or occupied" and "constructed," "altered," "converted," "rented" or "leased."
[Ord. No. 18-12, 12-11-2018]
For the purpose of the administration and enforcement of this Chapter and unless otherwise stated in this Chapter, the following words shall have a meaning as defined herein.
ABUTTING
Having a common border with or being separated from such a common border by a right-of-way, alley or easement.
ACCESS EASEMENT
An easement that provides access from one (1) parcel to another parcel or parcels of land.
ACCESSORY USE OR STRUCTURE
A use or structure which is clearly incidental to, generally found in association with and serves a principal use; is subordinate in purpose, area and extent to the principal use served; and is located on the same lot as the principal use or on an adjoining lot in the same ownership as that of the principal use, including, but not limited to, a detached garage. Carports are permitted accessory structures in the City's non-single family zoning districts and the "AG" Agricultural District. Carports shall be prohibited in the City's single family residential districts.
ADEQUATE PUBLIC FACILITIES
Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the Board of Aldermen.
ADJOINING LOT
A lot that shares all or part of a common point or line with another lot.
ADMINISTRATIVE PERMIT USE
A use that is allowed within a zoning district if specific criteria contained in the Zoning Regulations are met.
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, tree farming, viticulture and animal and poultry husbandry and the necessary accessory uses, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALLEY
A service drive providing a secondary means of public access to abutting property that is not intended for general traffic circulation.
ALTERATION
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams or girders, any enlargement to, or diminution of, a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1) location to another.
AMENDMENT
A change in the provisions of this Chapter properly effected in accordance with State law and the procedures set forth herein.
ANTENNA, ACCESSORY
An antenna and supporting structure attached to a building or freestanding and designed and used for an amateur radio or citizen band radio or a similar communication device.
ANTENNA, COMMUNICATION
Any device that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communications services (PCS) or other wireless telephony, fixed point microwave, low power television or other similar wireless communications and common carriers. This definition does not include satellite dish antennae less than one (1) meter in diameter that only receive a signal and other receive-only antennae including a satellite earth station, any receive-only home television antenna or any accessory antenna as herein defined which does not exceed thirty-five (35) feet in height.
ANTENNA, CONCEALED COMMUNICATION
A communication antenna, as defined in this Section, which is completely contained within a church steeple, cupola or similar structure and not visible from outside such structure.
ANTENNA, PANEL
A directional antenna that is a flat, rectangular device designed to concentrate a radio signal in a particular area.
ANTENNA, SATELLITE DISH
A device or structure used to transmit and/or receive radio, television or electromagnetic waves or signals between terrestrially and/or orbitally based uses through a reflective surface that is solid, open mesh or bar configured and generally in the shape of a shallow dish, cone or horn. This definition, includes, but is not limited to, satellite earth stations, television-reception-only (TVROs) and satellite microwave antennae.
ANTENNA, WHIP
An antenna that is cylindrical in shape, less than six (6) inches in diameter, up to eighteen (18) feet in height and transmits signals in a three hundred sixty degree (360°) direction. Commonly referred to as omnidirectional, stick or pipe antennae.
APPLICANT (DEVELOPER)
The owner of land proposed to be subdivided or the owner's representative who shall have express written authority to act on behalf of the owner.
AQUATIC CORRIDOR
The area where land and water meet.
AREA PLAN
A preliminary layout of a tract of land within a planned district or proposed planned district showing the proposed location of buildings and structures, indicating the use of the land and meeting the requirements of Section 405.345 of this Title.
AREA, GROSS
The entire area within the lot lines of the property proposed for subdivision, including any areas to be dedicated/reserved for street rights-of-way and for public uses.
ARTERIAL STREET, MINOR
A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route through the City with intersections at grade and on which traffic control devices are used to expedite the safe movement of through traffic as depicted on the transportation plan map in the City's Comprehensive Plan.
ARTERIAL STREET, PRINCIPAL
A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route connecting the City to surrounding cities and on which traffic control devices may be used to expedite the safe movement of through traffic as depicted on the transportation plan map in the City's Comprehensive Plan. Principal arterial streets include all limited access streets in the City.
ASSISTED LIVING FACILITY
A residential facility licensed by the State of Missouri that provides twenty-four (24) hour care, services and protective oversight to residents who are provided with shelter and board and who may need assistance with daily living activities.
[Ord. No. 21-10, 10-12-2021]
BASEMENT
The lowest level of a building or the story just below the main floor and which is wholly or partially lower than the surface of the ground.
BED AND BREAKFAST INN
A residence providing accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve-month period and providing only morning meals and only to guests. Bed and breakfast inns do not include motels, hotels, group homes or food service establishments.
BLOCK
An area of land entirely bounded by streets, highways, barriers or ways (except pedestrian ways or exterior boundaries of a subdivision unless the exterior boundary is a street or highway) or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways or corporate boundary lines.
BOND
Any form of a surety bond in an amount and form satisfactory to the Board of Aldermen.
BUFFER
A vegetated area along the boundary of a development which is landscaped with screening materials and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
BUILDABLE AREA
The area of a lot remaining after the minimum yard, dedicated lands and green space requirements of the Zoning Ordinance have been met.
BUILDABLE LAND
Land which does not consist of steep slopes (equal to or greater than twenty-five percent (25%)), floodplains, waterways, stream areas or similar natural features.
BUILDING
Any structure enclosed by walls and a roof, designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.
BUILDING HEIGHT
The vertical distance from the top of the foundation at the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest ridge line for gable, hip and gambrel roofs.
BUILDING, TEMPORARY
A building, but not including a trailer without wheels, placed on a lot for a specified period of time, but not more than two (2) years, which is used to supplement the floor area of an existing permanent building or which provides space until the principal building on the site can be completed.
CALIPER, TREE
The diameter of a tree measured one (1) foot above ground level.
CARPORT
An accessory structure with a roof and enclosed on not more than three (3) sides that provides paved space for the parking or storage of private passenger vehicles owned by the owner or occupants of the principal structure it serves and located in one of the City's non-single family zoning districts, including the "AG" Agricultural District and designed to match (architecturally) to the principal structure it serves. All carports shall have an access drive that meets the City's driveway standards.
CATCH BASIN
A receptacle designed to collect stormwater and provide a change in direction or elevation of sewer pipes.
CENTERLINE
1. 
The centerline of any right-of-way having a uniform width;
2. 
The original centerline, where a right-of-way has been widened irregularly; or
3. 
The new centerline, wherever a street has been relocated.
CHILD CARE CENTER
A facility which regularly provides day care for less than twenty-four (24) hours per day for four (4) or more children not related to the operator. A child care center shall include the terms "day care center," "part day child care facility" and "day care home" as defined by Chapter 225, Act 10, Section 2 of the Missouri Compiled Statutes.
CHURCH OR PLACE OF WORSHIP
A building or set of buildings used for the purpose of worship and customarily related activities.
CITY
The City of Weldon Spring, Missouri, including its previous status as a town and village.
CITY ENGINEER
The registered, professional engineer retained by the Board of Aldermen to provide engineering consulting services to the City or the alternate engineer retained by the Board of Aldermen for such purpose.
CITY PLANNER
The certified, professional planner or otherwise qualified person designated by the Planning and Zoning Commission to provide advice on planning and development issues and assist with interpretations of the Zoning Regulations.
CLUSTER HOME
A home located on a cluster lot (see "Cluster Lot" in Figure 1).
CLUSTER LOT
A lot created in the conservation subdivision process that is smaller in size than what would normally be allowed by the underlying zoning district (i.e., what would be allowed for a conventional subdivision).
CLUSTER SUBDIVISION/DEVELOPMENT
A site planning technique that allows lots to be reduced in size and buildings sited closer together than would be permitted under conventional zoning, provided that the total development density does not exceed that permitted on the site under conventional zoning and that the remaining land is utilized for green space or public purposes. See Figure 1.
COLLECTOR STREET
A street designed or utilized to carry intermediate volumes of traffic from local access and subdivision feeder streets to arterial streets and which may or may not be continuous as depicted on the transportation plan map in the City's Comprehensive Plan.
COMMERCIAL VEHICLE
Any motor vehicle which is designed or used principally for business, governmental or non-profit organizational purposes or for carrying passengers for hire and has a platform, cabinet, box, rack, compartment or other facility for transportation of materials, equipment and items other than the personal effects of private passengers.
COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, entities, partnerships or unincorporated associations in which a stockbroker, partner or associate or a member of his or her family owns an interest in each corporation, firm, entity, partnership or unincorporated association.
COMMUNICATION TOWER
A freestanding structure designed for the support of one (1) or more communications antennae and including guyed towers, self-supporting (lattice) towers or monopoles. This definition shall also include any tower, column or similar structure mounted on the roof of a building and exceeding fifteen (15) feet in height above the level of the roof at the point of attachment that is designed for support of one (1) or more communication antennae. This definition shall not include any structure of fifty (50) feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communications Commission. A communication tower shall not be considered a utility substation or use for purposes of these Zoning Regulations.
COMPREHENSIVE PLAN
The plan or any portion thereof adopted by the Planning and Zoning Commission to guide and coordinate the physical and economic development of Weldon Spring. The Comprehensive Plan, includes, but is not limited to, plans and programs regarding the locations, character and extent of streets, public facilities and services, residential, commercial or industrial land uses, parks, trails and green space.
CONDITIONAL USE
A use that would generally not be appropriate throughout a zoning district because of potential danger, smoke, noise or odor or other reason but which, if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to public health, safety, morals or general welfare.
CONGREGATE CARE FACILITY
A senior residential facility that offers apartment style living for adults who are in good health and do not require medical care. Facilities may offer services such as meals, housekeeping, transportation and other forms of personal care.
[Ord. No. 21-10, 10-12-2021]
CONSERVANCY LOT
A large, privately owned lot that is part of the required greenway land in a conservation design subdivision. The purpose of the conservancy lot is to provide surrounding residents with visual greenway land while keeping the land under private ownership and maintenance. Approximately fifty percent (50%) of such lots may be developed (actual percentage is determined by zoning district); the remainder must be protected through conservation easements and used in conformance with the standard for greenway land. Public access to conservancy lots is not required other than for emergency vehicles.
CONSERVATION DEVELOPMENT
When a contiguous area of land is planned, designed and developed as a single entity, in which homes and buildings are accommodated under more flexible standards (i.e. smaller lots, reduced setbacks, narrower streets, streets without curbs, etc.) than those that would normally apply under traditional Zoning Regulations, allowing for the flexible grouping of homes and buildings in order to conserve green space, existing sensitive natural areas and cultural resources. Existing sensitive natural areas and cultural resources are to be prioritized and then used to determine how to designate the location of green space. Using clustering, covenants and other design features, land can be preserved as green space, farmland or natural area. Ultimately the same number of dwellings can be built as with conventional development (this number in both conservation development and conventional development is determined by preparing a yield plan for the property, see definition below.) The goal is to provide for a density approximately equivalent to a conventional development while preserving a significant amount of green space and reducing the area consumed by homes and buildings, lots, streets and other impervious cover. See Figure 1.
CONSERVATION EASEMENT
A voluntary, legally binding agreement between a landowner and a not-for-profit land trust or government agency that permanently limits certain types of uses on the property and prevents development from taking place in order to protect the property's conservation values.
CONSERVATION SUBDIVISION
A conservation subdivision allows for an adjustment in the location of residential dwelling units on a parcel of land so long as the total number of dwelling units does not exceed the number of units otherwise permitted in the zoning district. The dwelling units are grouped or "clustered" on only a portion of a parcel of land. The remainder of the site is preserved as green space. This clustering of the dwellings into a small area is made possible by reducing the individual lot sizes. The green space is to be permanently protected and held in common ownership. Additional dwelling units may be permitted if certain objectives are achieved (see Section 410.410 of the Zoning Regulations that addresses discretionary density bonuses). Conservation subdivisions are an alternative approach to the conventional lot-by-lot subdivision of land which spreads development evenly throughout a parcel with little regard to the impact on the natural and cultural features of the area. (See Figure 1 below.) Conservation subdivisions, on the other hand, enable a developer to concentrate units on the most buildable portion of a site, preserving natural drainage systems, green space and environmentally and culturally sensitive areas.
402 figure 1.tif
CONSTRUCTION PLANS
The engineering plans accompanying a subdivision plat showing the specific location, design, types of materials to be used, and construction details for the structures and facilities to be installed in, or in conjunction with, a subdivision, including, but not limited to, grading, erosion control, streets, wastewater sewers, storm sewers, stormwater retainage systems, water mains and hydrants.
CONTIGUOUS
Lots are contiguous when at least one (1) boundary line of one (1) lot touches a boundary line or lines of another lot.
CONVENTIONAL DEVELOPMENT
A development where the size of the house lot coincides with the underlying zoning district. See Figure 1.
CONVENTIONAL SUBDIVISION
A subdivision with house lots based on the underlying zoning (i.e., using clustering techniques and with little or no ground set aside for conservation). See Figure 1.
CORNER LOT
See "LOT, CORNER."
CRITICAL HABITATS
The essential spaces in which plant and animal communities or populations live. Examples include wetlands, woodlands dense with mature or majestic trees, springs, spawning areas in streams, habitat for rare and endangered species, potential restoration areas and native vegetation areas.
CROSS-SLOPE
The degree of inclination measured across a right-of-way rather than in the direction traffic moves on said right-of-way.
CUL-DE-SAC
A short minor local street having only one (1) outlet for vehicular traffic and having the other end permanently terminated by a turnaround for vehicles; the term may also be used to refer solely to said turnaround.
DATA CENTER
A special facility that performs one (1) or more of the following functions: store, manage, process and exchange digital data and information; provide application services or management for various data processing, such as web hosting Internet, Intranet, telecommunication and information technology, noting that spaces that primarily house office computers including individual servers associated with work stations are not to be considered as data centers.
DAY
In counting days, a day shall be a calendar day, unless the Missouri State Statutes specifically provide for an alternate means of counting days, in which case the Statute shall prevail.
DEDICATE
To transfer the ownership of a right-of-way, parcel of land or improvement to the City of Weldon Spring, St. Charles County or other public entity without compensation.
DESIGN CRITERIA
Standards that provide a consistent framework to promote development that fits within and contributes to the character and context of the City and based on the recommendations of the Comprehensive Plan and Best Management Practices (BMP).
DEVELOP
To erect any structure or to install any improvements on a tract of land or to undertake any activity (such as grading) in preparation of said improvements.
DEVELOPMENT AGREEMENT
An agreement between the Board of Aldermen and the developer through which the Board of Aldermen agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
DEVELOPMENT REVIEW FEE DEPOSIT
A deposit made to the City Treasurer to cover City development review fees based on the pre-established fees outlined on the City Fee Schedule available at City Hall and on the City's website www.weldonspring.org, which may be updated from time to time.
DIMENSIONS
Refers to both lot depth and lot width.
DISPLAY HOUSE
A dwelling unit used initially for display purposes, which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a display.
DISTRICT
Any section or area of the City for which the Zoning Regulations governing the use, placement of structures, yard and setback requirements and size and dimension criteria are uniform.
DOMESTIC ANIMALS
Dogs, cats, rabbits, birds, small rodents and similar size animals commonly kept as household pets.
DRIVEWAY
A facility providing access for vehicles from a street to a parking space, parking pad, garage, dwelling, parking lot and/or other structure.
DWELLING UNIT
Any building or portion thereof used exclusively for human habitation, excluding hotels, motels, dormitories, house trailers, or group homes. The term "dwelling" includes any residential home, foster care home, or any similar home or residence pursuant to State law. The following terms associated with dwelling shall have the following meanings:
1. 
APARTMENT (MULTIFAMILY)A room or suite of rooms within a building arranged, intended or designed for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
2. 
LOFTA dwelling located above the first floor of a non-residential use such as a store or office.
3. 
SINGLE-FAMILY ATTACHED DWELLING (DUPLEX)A dwelling situated on one (1) lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.
4. 
TOWNHOUSEA group of three (3) or more dwellings sharing a common wall and situated on one (1) lot occupied by families in separate dwelling units living independently of each other.
5. 
SINGLE-FAMILY ATTACHED DWELLING (VILLA)Single family dwellings sharing a common wall but situated on separate lots each with a private exterior entrance designed to be occupied exclusively by separate families with no other dwelling unit located above or below another.
6. 
SINGLE-FAMILY DETACHED DWELLINGA dwelling situated on one (1) lot designed to be occupied exclusively by one (1) family.
402 figure 2.tif
DWELLING UNIT SIZE
The total floor area of a dwelling unit excluding cellars, basements, garages and balconies. For two-story homes, the dwelling unit size includes the first (1st) and second (2nd) story floor areas. For split foyer or split level homes, the dwelling unit size includes the floor area of each level that contains full size windows and/or exterior doors not requiring ladders, nor more than three (3) steps to reach ground level.
EARTH HOME
A residential structure constructed such that at least one-half (1/2) of the wall surface of at least three (3) walls are located below grade and such structure does not have a full story above grade.
EASEMENT
A right given by the owner of the land to another party for specific limited use of that land.
ENVIRONMENTAL CORRIDORS
Areas in the landscape that contain and connect natural areas, open space and scenic or other resources which often lie along streams, rivers and/or other natural features. They protect environmentally sensitive areas by providing linkages in the landscape, they provide avenues for wildlife movement and they also provide potential buffers between natural and human communities.
ESCROW DEPOSIT
A deposit in cash or other approved securities to assure the completion of improvements within a subdivision.
FACADE
Any side of a building that is considered or could be considered the face or the front of the building from an adjacent street, right-of-way, sidewalk or parking lot. A building can have multiple facades.
FAMILY
1. 
Any number of individuals related by blood, marriage or legal adoption living together as a single housekeeping unit including up to six (6) foster children;
2. 
Any number of persons related by blood, marriage or legal adoption living together as a single housekeeping unit including up to six (6) foster children plus up to two (2) unrelated individuals; or
3. 
Up to three (3) unrelated individuals living together as a single housekeeping unit. (Note: Group homes are defined separately in this Section.)
FARM OR FARMLAND
A parcel of land of not less than three (3) acres, in one (1) ownership, that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.
FARMERS MARKET
The offering for sale of fresh agricultural products directly to the consumer at an open air market designated and approved by the City as a Seasonal or Temporary Use.
FENCE
An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.
FINAL DEVELOPMENT PLAN
A detailed layout of a tract of land within a planned district prepared to be consistent with an approved Area Plan for the same tract of land and showing the location of buildings and structures, indicating the use of the land and meeting the requirements of Section 405.355 of this Title.
FINANCIAL SERVICES
An establishment that performs central banking functions including accepting deposits and lending funds. Such establishment may include these services to patrons and customers through an accessory drive-through when permitted. Uses include banks; savings associations; savings and loan institutions; investment banking; brokerage for securities or commodities; credit reporting services; certified financial planning; accounting; auditing; bookkeeping; credit service offices, including credit unions; holding and investment services; savings and loans association offices; and consumer and mercantile credit reporting services. Financial Services does not include pawn shops, businesses primarily engaged in check cashing or issuing money orders or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property estimated tax refunds or other such collateral (all of which are prohibited money changing/money brokering uses). See also "payday loan establishments."
FLOOR AREA
Floor area shall be determined by measuring the outside dimensions of all enclosed floor area under roof, excluding garages, open and screened porches, carports, terraces and patios.
FLOOR AREA RATIO (FAR)
The gross floor area of all principal buildings on a lot divided by the area of the lot.
402 figure 3.tif
FOOD TRUCK
A mobile, fully self-contained vehicle with valid State of Missouri registration that sells only food and/or beverages (non-alcoholic) and that utilizes no outside cooking area. Mobile food vendors which stop for less than or equal to thirty (30) minutes at a single location shall not be considered Food Trucks.
FOOTPRINT
The land area covered by a building or structure.
FRONTAGE
The dimension of a lot measured along the right-of-way line of a street or accessible private street, which abuts or traverses such lot.
FRONTAGE ROAD
A minor street fronting an arterial street or highway (usually a limited access highway).
GARAGE, PRIVATE
A detached accessory building or portion of a principal dwelling designed or used exclusively for the storage for one (1) or more motor vehicles of the occupants of the premises. No private garage may be rented for commercial purposes. See also "Carport."
GASOLINE SERVICE STATION
Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.
GRADE
The degree of inclination of the site or right-of-way, expressed as a percentage.
GRANTEE
The land trust or other private non-profit conservation organization that manages the conservation easement within a conservation subdivision.
GREENWAY LAND
The portion of a tract of land in a conservation subdivision that is set aside for the protection of sensitive natural features, farmland, scenic views and other unique landscape features. Greenway land may be accessible to the residents of the development and/or the municipality or it may contain areas of conservancy lots that are not accessible to the public.
GROUP HOME
A single-family dwelling or single-family residence where eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. Except in the "AG" District, the exterior appearance of the home and property shall be in reasonable compliance with the general neighborhood character. All group homes shall require a conditional use permit (CUP), not be within five-hundred (500) feet of another existing or proposed group home, and comply with Section 89.020, RSMo.
HEALTH, SAFETY OR GENERAL WELFARE
The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as the Police power.
HOME OCCUPATION
An occupation, profession, activity or use that is clearly incidental and subordinate to the use of a residential dwelling unit and does not affect the residential character of the neighborhood. (See Section 405.215(B).)
HOME OCCUPATION, RURAL
An accessory use to a customary farming operation or a non-farm household located in an "AG" or "RS-3" zoning district designed for gainful employment involving the sale of goods or services that is conducted either from within the dwelling and/or from accessory buildings on the same premises as the dwelling unit occupied by the family conducting the home occupation. (See Section 405.215(C).)
HOMEOWNERS' ASSOCIATION
An organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision (be it a lot, parcel, site, unit, plot, condominium or any other interest) is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium or other interest of the member.
HYDROLOGIC RESERVES
Any undeveloped areas responsible for maintaining the predevelopment hydrologic response of a watershed. The three (3) most common land uses are crops, forest and pasture. From a hydrologic standpoint, forest is the most desirable land use followed by pasture, then crops.
ILLEGAL LOT
1. 
A parcel, tract or area of land established after the effective date of this Chapter which did not meet the minimum requirements of the zoning district in which it is located when created and/or was not established by plat, subdivision or as otherwise permitted by this Chapter; or
2. 
A parcel, tract or area of land established prior to the effective date of this Chapter which did not meet the minimum requirements of the zoning district in which it was located when created and/or was not established by plat, subdivision or as otherwise permitted by the Subdivision Regulations of the City.
IMPERVIOUS COVER
The sum total of all hard surfaces within a watershed including rooftops, parking lots, streets, sidewalks, driveways and surfaces that are impenetrable to infiltration of rainfall into underlying soils/ground water.
IMPROVEMENTS
Any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, water main, street light, newly-planted tree, off-street parking area or other facility necessary for a subdivision or development.
IMPROVEMENTS PLANS
See "CONSTRUCTION PLANS."
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device.
INDUSTRIAL USE, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Such uses include asphalt plants; oil and gas production; manufacture of cement, lime, gypsum and plaster of paris, chemicals and allied products, fabricated metal products, rubber and plastics products, stone, clay, glass and concrete products, and transportation equipment.
INDUSTRIAL USE, LIGHT
A use engaged in cutting edge and emerging technologies such as medical science and bio-medical engineering; microelectronics and electronic information technology; space science, aerospace and aeronautical technology; pharmaceutical, life science and biological engineering technology; energy science and new energy, high efficient energy conservation technology; ecology and environmental science; basic matter science and radiation science; data centers and server farms; uses engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental indoor storage, sales and distribution of such products, but excluding basic industrial processing as described in the definition of "Heavy Industrial Use."
INTERSECTION
The point at which two (2) or more rights-of-way (generally streets) meet.
JUNK VEHICLE
Any motor vehicle that has had its engine, wheels or other parts removed, damaged, altered or otherwise so treated that the vehicle has been incapable of being driven under its own motor power for a period of at least seven (7) days or a vehicle which is not currently registered or licensed by the Missouri Secretary of State or similar licensing authority of another State. An unlicensed vehicle stored within a garage or on a commercially-zoned lot and associated with an auto-related business shall not be considered a junk vehicle.
KENNEL (DOG DAYCARE)
The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats, or both.
LIMITED ACCESS HIGHWAY
A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or egress from, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway.
LIVESTOCK
Animals which have historically been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products, including, but not limited to, cows, hogs, sheep, goats, catfish and fowl which are raised on a commercial basis.
LOADING ZONE
An area having minimum dimensions of twelve (12) feet and thirty-five (35) feet with fourteen (14) feet of vertical clearance on the same premises as a use requiring such zone which provides for the standing, loading or unloading of trucks and does not use any required off-street parking spaces nor unreasonably blocks traffic circulation on the site.
LOCAL ACCESS STREET
A street designed or utilized to serve limited amounts of residential traffic and used for access to abutting property.
LOT
A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit.
LOT AREA
The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT DEPTH
The mean horizontal distance measured from the front lot line to the rear lot line.
LOT IMPROVEMENT
Any building, structure, place, work of art or other object situated on a lot.
LOT LINE
A line of record bounding a lot, thereby dividing such lot from another lot or from a right-of-way.
LOT LINE ADJUSTMENT
A minor subdivision plat in which the boundary line between two (2) legal lots of record is moved to transfer land from one (1) lot to another or from each lot to the other.
402 figure 4.tif
LOT OF RECORD
A lot which is a part of a subdivision for which a plat has been recorded or a parcel of land for which a deed has been recorded with the St. Charles County Recorder of Deeds prior to the adoption of this Chapter.
LOT WIDTH
For lots with parallel or roughly parallel side lot lines, the distance between the side lot lines. For lots where the side lot lines are not parallel, the width of the lot shall be the length of a straight line measured at right angles to the axis of the lot at the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
LOT, CORNER
A lot situated at the intersection of two (2) or more streets with frontage on two (2) or more adjacent sides. See Figure 4.
LOT, DOUBLE FRONTAGE
See "LOT THROUGH."
LOT, INTERIOR
A lot that is not a corner lot. See Figure 4.
LOT, IRREGULAR
A lot that technically meets the area, frontage, width, and depth requirements of this Title but includes unusual elongations, angles, curvilinear lines unrelated to roads, topography, or other natural features. Flag lots and lots with more street exposure than fifty percent (50%) of the perimeter of the lot present special problems and should be avoided.
LOT, THROUGH
A lot having frontages on two (2) parallel or roughly parallel streets. See Figure 4.
LOW IMPACT DEVELOPMENT (LID)
Low impact development (LID) is a stormwater management approach with a basic principle that is modeled after nature: manage rainfall at the source using uniformly distributed decentralized "microscale" controls. Techniques are based on the premise that stormwater management should not be seen as stormwater disposal. Instead of conveying and managing/treating stormwater in large, costly end-of-pipe facilities located at the bottom of drainage areas, LID addresses stormwater through small, cost-effective landscape features located at the lot level. These landscape features, known as Integrated Management Practices (IMPs), are the building blocks of LID. LID's goal is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate and detain runoff close to its source. Almost all components of the urban environment have the potential to serve as an IMP. This includes not only open space, but also rooftops, streetscapes, parking lots, sidewalks and medians. LID is a versatile approach that can be applied almost as well to all development, urban retrofits and redevelopment/revitalization projects.
MAJOR ROAD
A street or thoroughfare classified as a freeway, arterial or collector street on the City's thoroughfare plan contained in the City's Comprehensive Plan.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of three (3) or more lots or any size subdivision requiring any new street or extension of City facilities or the creation of any public improvements.
MASSAGE PARLOR
An establishment that is not licensed by the State of Missouri as a Massage Therapy establishment and that provides baths and body massages, or either of them. Nothing herein contained shall apply to a licensed Massage Therapist or an establishment where Massage Therapy is practiced and certified to operate in Missouri
MASSAGE THERAPY ESTABLISHMENT
An establishment licensed by the State of Missouri that employs certified massage therapists who provide therapeutic massage as defined in Section 324.240 to 324.275, RSMo., as amended. Any massage therapy business utilizing a massage therapist as defined in this Section shall be considered a medical use and permitted as such in the City's commercial and medical zoning districts. The definition does not include establishments that offer illicit sexual services under the guise of therapeutic massage, see Massage Parlor.
MINOR COLLECTOR STREET
A street designed to collect traffic from local access streets and channel it to the collector street system. Direct access to subdivision feeder streets is allowed although the major portion of lots within a subdivision should have access to a local access street. Subdivision feeder streets will be of relatively limited continuity, but have more continuity than local access streets.
MINOR SUBDIVISION
Any subdivision containing not more than two (2) lots fronting on an existing street or access easement, not involving the creation of an access easement, a new street, the extension of City facilities or the creation of any public improvements and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Zoning Ordinance or these regulations. One (1) minor subdivision shall be permitted per parcel from the City incorporation date (November 8, 1984) or the annexation date of the parcel, whichever is earlier.
[Ord. No. 21-10, 10-12-2021]
MOBILE HOME
A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. The term "mobile home" shall include manufactured homes constructed after June 30, 1976, in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974."
MODULAR HOME
A manufactured residential structure built to a nationally-recognized and accepted construction standard published by the Building Officials & Code Administrators International, Inc. (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard. A modular home shall have exterior structure materials and appearance similar to the customary single-family structures and shall be permanently situated on a concrete foundation. The following illustration is intended to demonstrate a typical modular home.
402 figure 5.tif
MONEY IN LIEU OF LAND
Payment of money into a municipally earmarked fund to provide for acquisition of facilities off site in place of dedicating land or providing such facility on site.
MOTOR VEHICLE
A self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
NEW DEVELOPMENT
A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of land which requires either the approval of a plat pursuant to the City's Subdivision Regulations, the issuance of a building permit or connection to a public water or wastewater sewer system.
NON-CONFORMING BUILDING OR STRUCTURE
A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this Chapter but which would be prohibited or further restricted under the terms of this Chapter.
NON-CONFORMING LOT
A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this Chapter but which would be prohibited or further restricted under the terms of this Chapter.
NON-CONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this Chapter but which would be prohibited or further restricted under the terms of this Chapter.
NON-CONFORMITY, SITE-RELATED
A characteristic of the site such as off-street parking or loading, landscaping, drainage or similar matters which are incidental to the principal use of the property but which do not satisfy current City standards as established in this Chapter.
NON-RESIDENTIAL SUBDIVISION
A subdivision that is intended for a use other than residential, such as commercial or industrial.
NUISANCE
An unreasonable interference with the enjoyment or use of property affecting neighboring property owners.
NURSING AND RESIDENTIAL CARE FACILITIES
A residential facility that includes one (1) or more of the following facilities: Skilled Nursing, Assisted Living, Residential Care and which may include as an accessory use, a Senior Housing Facility and/or Congregate Care Facility.
[Ord. No. 21-10, 10-12-2021]
OFF SITE
Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.
OFFICIAL SUBMISSION DATE, MAJOR SUBDIVISION
The date of the first (1st) meeting of the Planning and Zoning Commission at which a complete major subdivision preliminary plat application is considered for approval or a complete major subdivision final plat application is considered for recommendation; or the date of the first (1st) meeting of the Board of Aldermen at which a complete major subdivision final plat application is considered for approval. The date is also the date that the statutory period required for formal approval, conditional approval or disapproval of the preliminary or final plat shall commence to run. (An application is determined to be complete by the City Planner, City Engineer and Zoning Commissioner.)
OFFICIAL SUBMISSION DATE, MINOR SUBDIVISION
The date when both of the following have occurred: a complete minor preliminary or final plat application has been submitted to the Zoning Commissioner and the required development review permit fee deposit has been received by the City Treasurer. The date is also the date that the statutory period required for formal approval, conditional approval or disapproval of the preliminary or final plat shall commence to run. (An application is determined to be complete by the City Planner, City Engineer and Zoning Commissioner.)
ONE AND ONE-HALF STORY
A dwelling unit with two (2) separate levels above grade where the master bedroom is located on the first (1st) floor or lowest level above grade.
OUTDOOR RESTAURANT
An eating or drinking establishment which has an unroofed area or a covered area which is not enclosed by walls, where patrons may be served food and/or beverages.
OUTDOOR STORAGE
The keeping in an unroofed area of any goods, material or merchandise in the same place for more than twenty-four (24) hours unless such goods, material or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display and sales. The parking of motor vehicles which are used in the operation of a commercial establishment shall not be considered outside storage.
OVERLAY DISTRICT
Overlay districts are special zones placed "on top" of existing zoning districts for the purpose of providing relief from the underlying zoning district requirements for a specific area to help protect natural drainage ways and riparian areas.
PARAPET OR PARAPET WALL
A low, protective wall at the edge of a balcony or roof, especially that part of an exterior wall, fire wall or party wall that rises above the roof.
PARKING PAD
For single-family residential uses, that portion of a driveway located behind the front line of a house and used for vehicle access and/or parking. For other uses, that portion of a driveway or parking lot used for the temporary storage of vehicles.
PAVER
An interlocking pre-cast piece of concrete or brick commonly used in exterior pavement-type applications.
PAWNBROKER OR PAWNSHOP
An establishment or individual or business entity which lends money on the deposit or pledge of physically delivered personal property, other than property the ownership of which is subject to a legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property, or who deals in the purchase of such property on the condition of selling the property back again at a stipulated price. The business of a pawnbroker does not include the lending of money on deposit or pledge of title to property.
PAYDAY LOAN ESTABLISHMENT
An establishment that engages in transactions in which a short-term cash advance is made to a consumer in exchange for a customer's post-dated check in the amount of the advance plus a fee, or in exchange for a consumer's authorization to debit a transaction account in the amount of the advance plus a fee at a designated future date. Uses include check cashing stores. The classification does not include a State or Federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.
PERMITTED USE
A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.
PLANNED DISTRICT
A tract of land which is developed as a unit under single ownership or unified control, which includes two (2) or more principal buildings or uses and follows applicable procedures of the City's Zoning Ordinance. Subject to approval by the City, land uses, building densities and lot size requirements are more flexible than conventional districts.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the City of Weldon Spring, Missouri.
PLAT, BOUNDARY ADJUSTMENT
A plat which depicts a change in a recorded subdivision that affects any lot line, provided that no new lot or illegal zoning lot is created.
[Ord. No. 21-10, 10-12-2021]
PLAT, FINAL, MAJOR SUBDIVISION
A map of major land subdivision prepared in a form suitable for filing for record with necessary affidavits, dedications and acceptance and with complete bearing and dimensions of all lines, defining lots and blocks, streets, alleys, public areas and other dimensions of land which is presented to the Planning and Zoning Commission for a recommendation and then to the Board of Aldermen for final approval.
PLAT, FINAL, MINOR SUBDIVISION
A map of minor land subdivision prepared in a form suitable for filing for record with necessary affidavits, dedications and acceptance and with complete bearing and dimensions of all lines, defining lots and blocks, streets, alleys, public areas and other dimensions of land that is reviewed administratively by the City Planner, the City Engineer and the Zoning Commissioner for final approval.
PLAT, PRELIMINARY, MAJOR SUBDIVISION
Initial engineering maps, drawings and supportive documentation indicating the proposed layout of a major subdivision that is presented to the Planning and Zoning Commission for preliminary approval.
PLAT, PRELIMINARY, MINOR SUBDIVISION
Initial engineering maps, drawings and supportive documentation indicating the proposed layout of a minor subdivision that is reviewed administratively by the City Planner, the City Engineer and the Zoning Commissioner for preliminary approval.
POLICE POWER
Inherent, delegated or authorized legislative power for purposes of regulation to secure health, safety and general welfare.
PORTE COCHERE
A porch or cover open on at least two (2) sides and attached to a residence or building under which a vehicle may be driven and parked to protect the occupants when alighting. A porte cochere shall be constructed of the same exterior building materials as the primary facade and complement the overall design of the residential structure. A porte cochere shall not be constructed to be a "carport."
PREMISES
Any land together with any structures occupying it.
PRIMARY CONSERVATION AREAS
Primary conservation areas are generally undevelopable lands and include wetlands, land within the floodway or floodplain and lands that have steep slopes (equal to or greater than twenty-five percent (25%)).
PRINCIPAL USE
The primary or predominant use of a lot or premises occupying the major portion of all buildings and structures.
PRIVATE STREET
A parcel of land not dedicated as a public street, over which a public access easement has been granted to the City, which intersects or connects with only one (1) other street, public or private, and where the instrument creating such easement has been recorded or filed with the St. Charles County Recorder of Deeds. The public access easement shall allow for access by Police, emergency vehicles, trash collection and other service vehicles, utility owners and the public in general. The public access easement shall be maintained by the property owner.
PUBLIC IMPROVEMENT
Any drainage ditch, 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 which may affect an improvement for which local government responsibility is established.
PUBLIC STREET
A parcel of land dedicated to the City as a public street. (See "Street.")
RAIN GARDEN
A landscaping feature that is planted with native, perennial plants and is used to manage stormwater runoff from impervious surfaces such as roofs, sidewalks and parking lots. Rain gardens function like miniature natural watersheds and slow water flow by using elements similar to those in nature: plants, rocks, shallow swales and depressions that hold water temporarily rather than let it quickly escape. (Please see the Native Landscaping Manual; A Guide to Native Landscaping in Missouri prepared by Shaw Nature Reserve for more information.)
RECREATIONAL VEHICLE
A vehicle which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use or for other recreational transportation, including, but not limited to, travel trailers, truck campers, camping trailers, self-propelled motor homes, boats and snowmobiles.
RESERVE
To set aside a parcel of land in anticipation of its acquisition by Weldon Spring (or other government entity) for public purposes.
RESERVE STRIP
A narrow strip of land between a public street and adjacent lots that is designated on a recorded subdivision plat or property deed.
RESIDENTIAL CARE FACILITY
A residential facility licensed by the State of Missouri that provides twenty-four (24) hour accommodation and care during short term illness or recuperation.
[Ord. No. 21-10, 10-12-2021]
RESUBDIVISION
Any change in an approved or recorded subdivision plat that affects any lot line or any street layout on the plat or any area reserved thereon for public use or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RETAINING WALL
Any wall greater than two (2) feet in height or longer than twenty-four (24) feet in length where the elevation of the ground on one (1) side of the wall is different than the elevation of the ground on the other side.
RIDING ARENA
A stable, barn or similar building designed to accommodate indoor horse riding and which may include facilities for keeping horses.
RIGHT-OF-WAY
Land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, railroad, electric transmission line, oil or gas pipeline, water line, wastewater sewer line, storm sewer line or other similar use.
RURAL HOME OCCUPATION
See "HOME OCCUPATION, RURAL."
SATELLITE DISH ANTENNA
See "ANTENNA, SATELLITE DISH."
SCREENING
A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SEASONAL SALES
The outdoor display of merchandise on a seasonal basis, including, but not limited to, Christmas trees, pumpkins and lawn and garden supplies.
SECONDARY CONSERVATION AREAS
Secondary conservation areas contain significant or noteworthy features such as mature woodlands, greenways and trails, river and stream corridors, prime farmland, natural meadows, hedgerows, wildlife habitats, historic sites and structures and scenic views.
SECTION PLAN
A detailed layout of a portion of a tract of land within a planned district prepared to be consistent with an approved Area Plan for the same tract of land and showing the location of buildings and structures, indicating the use of the land and meeting the requirements of Section 405.355 of this Title.
SECURITY
The cash escrow provided by the applicant to secure the subdivision improvement agreement.
SEMI-DETACHED DWELLING
A dwelling that shares one (1) common wall with another dwelling.
SENIOR HOUSING FACILITY
A premises consisting of age-restricted dwelling units designed for and occupied exclusively by persons fifty-five (55) years of age and older who are in good health and do not require medical or skilled nursing. In the case of individuals residing together either by marriage or domestic partnership, at least one (1) of the residents must be fifty-five (55) years of age or older. Such facilities would be an accessory use to skilled nursing facilities, residential care facilities, assisted living facilities or any other uses which provide medical care.
[Ord. No. 21-10, 10-12-2021]
SENSITIVE NATURAL AREAS
Include forests, grasslands, prairie, lakes, rivers, streams, wetlands, steep slopes (equal to or greater than twenty-five percent (25%)), areas with highly erodible soils, areas containing endangered species habitat, wildlife breeding areas or other naturally occurring features which may be significantly impacted by common development techniques.
SETBACK
The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building including porches, carports and accessory uses subject to yard encroachment provisions of the City's Zoning Ordinance. For lots fronting on curvilinear streets, the front setback shall be measured from a line perpendicular to the chord line to the nearest point of a structure.
402 figure 6.tif
SETBACK, REQUIRED
The minimum horizontal distance between the lot line and the buildable area of a lot necessary to meet the yard requirements of the applicable zoning district. The required setback line shall be parallel to the lot line.
SHORT-TERM RENTALS (AIR B&B AND VRBO)
The ongoing use and occupancy of a legally existing, owner-occupied single-family residence in the City's "AG," "RS-3," "RS-2" and "RS-1" Zoning Districts for less than thirty (30) days and shall require a business license, registry of renters, conditional use permit regulating the frequency of use, occupancy, and any other requirements as determined by the Board of Aldermen.
SIDEWALK
A pedestrianway constructed in compliance with the standards of this Chapter, generally near the curb line of the street.
SIGHT DISTANCE TRIANGLE
The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines in which nothing shall be erected, placed, planted, or allowed to be over thirty (30) inches in height or in such a manner as to materially impede vision, also known as "clear vision areas." See Figure 7. See also Section 405.170.
Figure 7: Sight Distance Triangle
(Clear Vision Areas)
402 figure 7.tiff
SIGNIFICANT PLANT HABITAT
An ecological or environmental area inhabited by a particular plant species, that if disturbed or disrupted, there would be negative ecological consequences for the species. The significant habitat includes the physical environment that is utilized by a species population, as well as the environment that influences the species population.
SIGNIFICANT WILDLIFE HABITAT
An ecological or environmental area inhabited by a particular animal species, that if disturbed or disrupted, there would be negative ecological consequences for the species. The significant habitat includes the physical environment that is utilized by a species population, as well as the environment that influences the species population.
SITE COVERAGE
The percentage of a lot or parcel that is covered by buildings, parking lots, driveways and other impervious surfaces.
SITE PLAN, MAJOR
A scaled drawing of the proposed development of a lot for buildings, structures and other site improvements showing the locations and extent of all such improvements and where the total amount of impervious surface to be developed or added to the lot is five thousand (5,000) square feet or more in area.
SITE PLAN, MINOR
A scaled drawing of the proposed development of a lot for buildings, structures and other site improvements showing the locations and extent of all such improvements and where the total amount of impervious surface to be developed or added to the lot is less than five thousand (5,000) square feet in area. Proposed improvements to an existing approved site of two thousand (2,000) square feet or less of impervious area may be approved by the City Zoning Commissioner without a formal plan submittal and fee. Only if the proposed improvement's meet all current City standards.
SKETCH PLAN
Sketch plans are simple and inexpensive drawings that illustrate conceptual layouts of conservation areas, dwellings, streets and lots. Sketch plans should conform to the site's Existing Resource and Site Analysis Map (see Section 410.240 for more details). The purpose of a sketch plan is to help the applicant and the City develop a better understanding of the site's potential and to help establish an overall design approach that respects the site's special and/or noteworthy features while providing for the appropriate density determined by a yield plan (see "Yield Plan" below).
SKILLED NURSING FACILITY
A residential facility licensed by the State of Missouri that provides twenty-four (24) hour accommodation, nursing care and treatment services for persons who need nursing care and medical service, but do not require intensive hospital care.
[Ord. No. 21-10, 10-12-2021]
SLOPE
See "GRADE."
STEALTH COMMUNICATIONS TOWER
A communication tower as defined in this Section which is designed to blend in with the surrounding environment and which conceals all communication antennae and other equipment from view. A stealth communication tower may be designed to resemble a flagpole or other object.
STEP WALL
More than one (1) retaining wall separated by a horizontal space not wider than the highest wall on either side; if such horizontal space is wider than the highest wall on either side, then the retaining walls shall be considered separate walls.
STOP WORK ORDER
A written notice from the Zoning Commissioner, City Engineer, Code Enforcement Officer or other appropriate City employee to the owner, contractor or agent of the owner requiring all affected parties to cease work on a site pending review, approval and/or modification of necessary permits to ensure compliance with all City ordinances and requirements.
STORY
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STREET
A public or private right-of-way that affords the principal means of access to abutting property.
STREET TREE, APPROVED
A deciduous hardwood tree with a minimum caliper of two and one-half (2 1/2) inches and with a clear trunk of at least six (6) feet that is suitable for urban environments, is tolerant of disease and salt and is included on the list of approved street trees in the City's Tree Conservation and Protection Ordinance.
STRUCTURAL CHANGE OR ALTERATION
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or the exterior walls.
STRUCTURE
Anything constructed, erected or located on or above the ground or anything specifically enumerated herein, the use of which requires permanent location or which, though movable, is used for a purpose which usually and customarily involves permanent location on or above the ground, including, but not limited to: advertising signs, billboards, fences, parking spaces, driveways, sidewalks, tennis courts, pergolas, swimming pools, playground equipment, tree houses and structures for the housing of animals or fowl. Regulation mailboxes shall not be considered structures as herein defined.
STUB STREET
A street that is temporarily terminated, but that is planned for future continuation.
SUBDIVIDE
The act or process of creating a subdivision.
SUBDIVIDER
Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit dividing or proposing to divide land in a manner that constitutes a subdivision as defined in this Section.
SUBDIVISION
The division and recording in accordance with law of a parcel of land, vacant or improved, into two (2) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development.
SUBDIVISION IMPROVEMENT AGREEMENT
A contract entered into by the applicant and the City by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final plat approval.
SUBSTANTIVE CHANGE
A modification to an approved site plan, Area Plan, final development plan or section plan that results in an increase in the height, floor area or footprint of buildings or structures; an increase in the number of dwelling units; a decrease in the amount of open space; a decrease in the setback from any property line; or a change that would constitute a variance from the requirements of the Zoning Regulations or any other change that significantly alters, modifies or changes material aspects of the plan; changes to the location or footprint of a dwelling or the addition of one (1) or more accessory buildings or structures on a residential lot, provided such changes conform to the requirements of the underlying zoning district and provided that the proposed changes are consistent with a previously approved Area Plan shall not constitute a substantive change.
TEMPORARY BUILDING
See "BUILDING, TEMPORARY."
TEMPORARY IMPROVEMENT
Improvements built and maintained by a developer during construction of the subdivision and prior to release of the performance bond.
TEMPORARY TURNAROUND
A paved area built at the end of a stub street, when required by the City Engineer, to avoid vehicles having to back up or turn around in a driveway.
TEMPORARY USE
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
TITLE LOAN ESTABLISHMENT
Any person, entity or business that lends money to a borrower and in exchange retains physical possession of the State-issued certificate of title to the personal property of the borrower.
TOBACCO STORE
A business establishment for which more than fifty percent (50%) of the gross floor area is dedicated to the storage, display and/or retail sale of tobacco products such as cigars, pipe tobacco and cigarettes. This definition includes the sale of tobacco accessories such as lighters, matches, cigarette holders, and devices used to preserve tobacco, cigars or cigarettes, which are merely incidental to the sale of tobacco products. This business may also sell electronic cigarette devices, nicotine-enriched solutions and/or liquid products that are manufactured for use with e-cigarettes provided said products or use is not more than twenty-five percent (25%) of the gross floor area used for retail display or merchandise or twenty-five percent (25%) of the total sales. No Tobacco Store shall be located within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or other such business or establishment. See also Vaporizer (Vap)/Electronic (E) Cigarette Use Restrictions in Section 405.188 for applicable restrictions.
TOPOGRAPHY
The relief features or surface configurations of an area of land.
TRACT
A lot. The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
TRAIL
A pedestrianway or bikeway a minimum of eight (8) feet in width constructed in compliance with the standards of this Chapter.
TREE
Any living woody plant.
TRIM
Materials that are minor parts of a building facade which complement the design of the building or perform a function, including, but not limited to, fascias, window sashes, gutters, scuppers, leader heads, leader boards and rakes.
TWO AND ONE-HALF STORIES
A building with two (2) stories (as story is herein defined) and a half (1/2) story consisting of a space under a sloping roof where the top of two (2) opposite exterior walls are less than four and one-half (4 1/2) feet above the floor level.
UNDEVELOPABLE LANDS
Wetlands, lands within the 100-year floodplain and lands that have a slope greater than twenty-five percent (25%) (these lands are also considered primary conservation areas).
USED CAR SALES
A lot or premises where two (2) or more used vehicles are offered for sale concurrently or where three (3) or more used vehicles are offered for sale over a period of one (1) year.
VACATE
To terminate the legal existence of right-of-way or subdivision and to so note on the final plat recorded with the St. Charles County Recorder of Deeds.
VAPORIZER (VAP)/ELECTRONIC (E)-CIGARETTE STORE
A business establishment for which more than fifty percent (50%) of the gross floor area is dedicated to the storage, mixing, display and/or retail sale of electronic cigarette devices, Juul pods and other similar vaporizers, nicotine-enriched solutions and/or liquid products that are manufactured for use with e-cigarettes. No Vaporizer (Vap)/Electronic (E)-Cigarette Store shall be located within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use, or other such business or establishment. See also Vaporizer (Vap)/Electronic (E) Cigarette Use Restrictions in Section 405.188 for applicable restrictions.
VAPORIZER (VAP)/ELECTRONIC (E-CIG) CIGARETTE
Any devise that uses an atomizer or similar device that allows users to inhale vapor or other vapor without the use of fire, smoke, or ash. This definition shall include, but is not limited to, juul pods, electronic cigars, electronic cigarillos, or electronic pipe, and any cartridge or other component of the device or related products including any liquid products that are manufactured for use with e-cigarettes.
VARIANCE
A relaxation by the Board of Aldermen of the requirements of the subdivision or Zoning Regulations as long as such action will not be contrary to the public interest and where, due to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the Code would result in unnecessary hardship.
VARIANCE, USE
Approval by the Board of Adjustment to allow a specific land use not allowed by the zoning district in which the subject property is located where such action will not be contrary to the public interest and upon a demonstration by the applicant that there is no other appropriate use for the property based upon a showing of undue hardship.
VESTED RIGHTS
The right to undertake and complete the development and use of property under the terms and conditions of an approved Site Development Plan, governing ordinance, and/or other development agreement authorizing the development and use of property.
VETERINARY CLINIC (ANIMAL HOSPITAL)
An establishment where small animals, such as household pets, are given medial or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
WALL
When referring to fences and walls, a wall is a fence, as herein defined, that is typically constructed of masonry, stone or similar material and situated in a yard, but not including a retaining wall or wing wall as herein defined.
WAREHOUSE OR WHOLESALE
An establishment primarily engaged in the storage or sale of materials, equipment, or products for sale to wholesalers or retailers. Typical uses include cold storage, warehousing, and general storage facilities, but exclude mini-warehouse-mini (self-storage) defined below and the sale of goods to the general public.
WAREHOUSE-MINI (SELF-STORAGE)
A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
WING WALL
An extension of an exterior wall of a house constructed of the same material of such exterior wall which is primarily decorative in nature but which may also serve as a barrier.
YARD
An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in Section 405.155.
YARD, FRONT
A yard extending across the full width of a lot between the principal building and the front lot line. On corner lots, all yards that abut a street are considered front yards.
YARD, REAR
A yard extending across the full width of the lot between the principal building and the rear lot line.
YARD, REQUIRED
The area or setback distance for each yard established by the minimum yard dimensions in the zoning district requirements and measured from the lot line for side and rear yards and from the nearest right-of-way or road easement line for front yards.
YARD, SIDE
A yard extending from the front yard to the rear lot line between the principal building and the side lot line or a yard that is not a front or rear yard.
YIELD PLAN
A map-based approach to determine the potential maximum number of dwelling units that could possibly be built on a given property. Yield plans depict a lot layout and design reflecting a development pattern that could reasonably be developed, taking into account the presence of wetlands, floodplains, steep slopes (equal to or greater than twenty-five percent (25%)), existing easements or encumbrances and suitable soils if public sewage disposal will not be provided. The purpose of the yield plan is to determine overall potential density for a site only and is not intended to confer a right to any specific number of dwelling units on any given tract of land.
ZERO LOT LINE HOME
A single-family dwelling on a lot where the lot area is approximately the same size as the building footprint.
ZONING COMMISSIONER
The official appointed by the Mayor with the advice and consent of the Board of Aldermen to administer certain provision of this Chapter and to handle the day-to-day administration and enforcement of the Zoning Regulations, including the issuance of land use permits.
ZONING DISTRICT MAP
A graphic depiction showing the districts deemed by the Board of Aldermen to be best suited to carry out the purposes of Sections 89.010 to 89.140, RSMo.; and within such districts are regulations for the erection, construction, reconstruction, alteration or use of buildings, structures or land.