City of Wright City, MO General Provisions

Value, type and character of existing land uses.

Conformance to overall planning.

Section 405.040 Classes Of Districts.

[R.O. 1992 § 405.040; Ord. No. 228 § 700.4, 5-10-1990; Ord. No. 354 § I, 3-25-1999]

The City of Wright City zoning districts hereby established, and to which these regulations apply, are as follows:

Agricultural And Miscellaneous.

"AG" - General Agricultural

"FP" - Flood Plain

"PS" - Park and Scenic

Residential.

[Ord. No. 890, 8-25-2016]

"SR-1" - Single-family residential, one (1) acre or more

"SR-2" - Single-family residential, twenty-one thousand seven hundred eighty (21,780) square feet

"SR-3" - Single-family residential, ten thousand (10,000) square feet to fifteen thousand (15,000) square feet

"SR-4" - Single-family residential, seven thousand five hundred (7,500) square feet

(Reserved)

"MR-1" - Two-family residential

"MR-2" - Multiple-family residential

"MH" - Manufactured home residential

Commercial.

"C-1" - Commercial, neighborhood

"C-2" - Commercial, central business

"C-3" - Commercial, shopping center

"C-4" - Commercial, general

"C-5" - Commercial, downtown

Industrial.

"M-1" - Light industrial

"M-2" - Heavy industrial

"PDA" - Planned Development Area.

"SL" - Sanitary and Debris Landfill.

Section 405.050 Zoning Maps.

[R.O. 1992 § 405.050; Ord. No. 228 § 700.5, 5-10-1990]

The boundaries of such zoning districts enumerated in these regulations are hereby established as shown on the zoning maps prepared for that purpose, said maps being hereby designated as the City of Wright City Zoning District Maps, and said maps and all notations, references and information shown thereon are hereby made as much a part of these regulations as if the same were set forth in full herein. The Planning and Zoning Commission shall keep on file in its office authentic copies of said maps and all changes, amendments or additions thereto.

Section 405.060 Area Governed By These Regulations.

[R.O. 1992 § 405.060; Ord. No. 228 § 700.6, 5-10-1990]

The area governed by these regulations is hereby declared to be the land within the City limits of Wright City.

Section 405.070 General Rules For Application.

[R.O. 1992 § 405.070; Ord. No. 228 § 700.7, 5-10-1990; Ord. No. 390 §§ I – II, 4-12-2001]

In applying and interpreting these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of this Title. Except as specifically provided herein, these regulations shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any law, ordinance, easement, covenant or other agreement between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land or buildings, or upon the height or bulk of buildings, or require larger building site areas, yards or open spaces than are imposed or required by any such other law, ordinance, rule, regulation, permit, easement, covenant or other agreement between parties, this regulation shall control. These regulations shall apply uniformly to each class or kind of structure or land within each district, and, particularly, except as otherwise provided herein:

The use shall be unlawful of any land, structure or building for any purpose other than permitted in the district where such land, structure or building is located.

No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit.

[Ord. No. 852 § XV, 4-23-2015]

No building shall hereafter be erected, reconstructed, relocated or structurally altered on any lot or parcel unless such lot or parcel faces a dedicated street or right-of-way. Where a building exists, a required dedicated street or right-of-way shall not be vacated so as to eliminate the required access to a dedicated street or right-of-way.

No building shall hereafter be erected, constructed, reconstructed, moved, relocated or structurally altered to have a greater percentage of lot area, to accommodate or have a greater number of facilities, or to have narrower or smaller yards, courts or open spaces than is permissible under the limitations set forth herein for the district where said building is located.

No part of a yard or other open space required for any specific building or use and necessary to meet the requirements of these regulations shall be included as part of a yard or open space required for another building or use.

No lot, held under one (1) ownership at the effective date on or before May 10, 1990, shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this regulation; if already smaller, the dimensions or the area shall not be further reduced.

Every building hereafter erected or altered shall be located on a lot as herein defined and in no case shall more than one (1) principal building be located on one (1) lot except as provided herein.

No lot area shall be reduced or diminished so the yards or other open spaces shall be smaller than prescribed by these regulations, nor shall the population density be increased in any manner, except in conformity with the area regulations established herein.

Except as provided in Section 405.070(A)(10), any and all lands annexed to the City after May 10, 1990, shall be classified as an "AG" General Agricultural District until, within a period not to exceed ninety (90) days following the annexation date, the Planning and Zoning Commission shall appropriately reclassify such annexed area in accordance with the amendment procedure to this Title.

Areas which may hereafter be proposed to be voluntarily annexed to the City may first be tentatively zoned by the Board of Aldermen, following study and recommendations by the Planning and Zoning Commission, if the owners thereof desire; such tentative zoning shall, upon the effective date of the annexation, become the classified zoning.

Section 405.080 General Rules For Interpretation.

[R.O. 1992 § 405.080; Ord. No. 228 § 700.8, 5-10-1990; Ord. No. 765 § I, 7-26-2012]

With respect to interpreting these regulations, the following rules shall apply:

District Boundaries. When uncertainty exists with respect to the boundaries of any of the districts enumerated within this Title or on the zoning maps, the following rules shall apply:

Where district boundary lines are indicated as approximately following roads, streets, alleys, highways or railroads, such boundaries shall be construed as following the rights-of-way thereof.

Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.

Where a district boundary line appears to follow a stream, lake or other body of water, said boundary line shall be deemed to be at the centerline of the stream, lake or body of water, unless otherwise indicated.

Where a district boundary line divides a lot or unsubdivided property, and the dimensions are not shown on the map, the boundary's location shall be determined by using the scale appearing on the zoning maps.

When definite distances in feet are not shown on the zoning district maps, the district boundaries are intended to be along existing property lines, roads, streets, alleys or platted lot lines, survey or land lines or extensions of same, and if the exact location of such lines is not clear, such location shall be determined by the Zoning Enforcement Officer, due consideration being given to location as indicated by the scale of the zoning maps.

When roads, streets or alleys on the ground differ from the roads, streets or alleys as shown on the zoning maps, the Zoning Enforcement Officer shall apply the district designations on the maps to the roads, streets or alleys on the ground in such a manner as to conform to the intent and purpose of these regulations.

Wherever any road, street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such road, street or alley which thenceforth shall be subject to all regulations of said extended district(s). Wherever a public road, street or alley is dedicated as such, the zoning district designation within that dedicated road, street or alley shall be automatically made void.

The boundaries of the Floodway and Floodway Fringe Overlay Districts shall be determined by scaling distances on the Official Zoning Map or on the Flood Insurance Rate Map, and, in case of conflict between a mapped boundary and actual field conditions, the Zoning Enforcement Officer shall make the necessary interpretation. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.

Any person contesting the location of a district boundary, or the Zoning Enforcement Officer's interpretation of same, shall be given a reasonable opportunity to present his or her case to the Board of Adjustment and to submit his or her own technical evidence, and the Board shall resolve the dispute.

Uses.

Uses listed under the heading Permitted Land Uses and Developments are allowable in respective districts.

Uses listed under the heading Conditional Uses and Land Developments are allowable in respective districts h with Planning and Zoning Commission approval. If a residential use is requested in non-residential districts, such use shall conform to the residential district regulations.

Unlisted Uses. Any use not listed is specifically prohibited. Any use not shown as a use permitted by right, a conditional use or a planned use in a zoning district is specifically prohibited in that district. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Code. Any use not shown as a use permitted by right, a conditional use or a planned use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized only in the industrial district subject to the following conditions:

The use shall be permitted only to the extent required by law to be permitted;

The use shall be approved only as a planned use, except if by law it is required to be permitted by right;

The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school or church, except as may be modified by the Board of Aldermen through a planned use procedure;

The use shall maintain a distance of at least one thousand (1,000) feet from any other such use;

ACCESSORY BUILDING OR STRUCTURE

No use shall occupy a structure in excess of five thousand (5,000) square feet without an approved alternate parking plan designed for that use and supported by a traffic study submitted to and approved by the Board of Aldermen.

Nothing contained herein shall be construed as authorizing the governing body to discriminate against any person by reason of color, race or gender.

Any person having an interest in property affected by these regulations may have the reasonableness of these regulations determined by bringing an action in the District Court of the County against the City and/or the Planning and Zoning Commission.

Section 405.090 Word Interpretation And Definitions.

[R.O. 1992 § 405.090; Ord. No. 228 § 700.9, 5-10-1990; Ord. No. 696 § I, 9-24-2009; Ord. No. 697 § I, 9-24-2009; Ord. No. 759 § I, 6-28-2012]

For the purposes of this Title, the word interpretations and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

Word Interpretation.

Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular.

The word "shall" or "must" is mandatory, and the word "may" is permissive.

The term "used for" includes the meanings "designated for," "intended for," "occupied for" and "maintained for."

The word "lot" shall include the words "plot," "piece" and "parcel."

Definitions.

ABANDON

To discontinue a use for more than one hundred eighty (180) consecutive days, or six (6) months, whichever is less.

ABANDONMENT

An action to give up one's rights or interest in property.

A detached subordinate building or structure, the use of which is customarily incidental to the principal use, located on the same lot with the principal building or use. A building housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the principal building or is under an extension of the principal roof and designed as an integral part of the principal building.

ACCESSORY USE

A use incidental and subordinate to the principal use of the premises.

ADMINISTER MEDICAL MARIJUANA

The direct application of marijuana to a qualified patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:

[Ord. No. 968, 5-23-2019]

Ingestion of capsules, teas, oils, and other marijuana-infused products;

Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;

Application of ointments or balms;

Transdermal patches and suppositories;

Consuming marijuana-infused food products; or

AGRICULTURAL AND FARM BUILDINGS AND STRUCTURES

Any other method recommended by a qualified patient's physician as authorized by Article XIV, Section 1 of the Missouri Constitution.

Any building or structure necessary or incidental to the normal conduct of a farm, including, but not limited to, the operator residence; residence of hired personnel; barns, buildings and sheds for housing livestock, poultry and farm machinery; buildings for the storage or shelter of grain, hay and other crops; silos, mills and water storage tanks.

AGRICULTURAL HEMP PROPAGULE

Any viable non-seed plant material used to cultivate industrial hemp, including, but not limited to, transplants, cuttings, and clones.

[Ord. No. 977, 10-10-2019]

AGRICULTURAL HEMP SEED

Cannabis sativa L. seed that meets any labeling, quality, or other standards set by the Missouri Department of Agriculture and that is intended for sale, is sold to, or is purchased by registered industrial hemp producers for planting.

[Ord. No. 977, 10-10-2019]

AGRICULTURAL or FARMING

Planting, cultivating, harvesting and storing grains, hay, plants or trees commonly grown in Warren County; raising and feeding livestock or poultry, except feeding, fattening or finishing livestock or poultry for hire or as a business venture separate and distinct from crop raising which shall be classed as commercial agriculture. A minimum of five (5) acres of land shall constitute agriculture or farming for the purposes of these regulations.

AIRPORTS

All areas used for landing aircraft.

ALLEY

A public secondary means of access to abutting property, not intended for general traffic circulation and less than thirty (30) feet wide.

ALTERATIONS, BUILDING OR STRUCTURAL

Any addition, removal, extension or change in the location of any exterior wall, structural part or exit facilities of a principal or accessory building or structure; any change in use from one (1) zoning classification to another; or any moving of a building from one (1) site to another.

ANIMAL BOARDING KENNELS

Any structure or lot where four (4) or more dogs or cats older than four (4) months of age and/or other animals for other than agricultural purposes are boarded, bred and/or offered for sale, not including stables.

ANIMAL CLINICS AND HOSPITALS

An establishment where animals are admitted principally for examination and treatment by a doctor of veterinary medicine, with boarding facilities limited to that necessary for the treatment of the sick animal and not including open kennels or runs.

ANIMAL HUSBANDRY

The non-profit maintenance of one (1) horse per acre, four (4) cattle per acre, two (2) goats per acre, twenty-four (24) poultry and/or cats, dogs, rabbits, chinchillas, guinea pigs or pigeons in excess of the amount permitted as household pets, with the slaughter of such animals as poultry, rabbits or beef cattle permitted only for consumption by the resident family, with animals other than household pets not kept within a dwelling or within twenty (20) feet of a dwelling on the same lot or within sixty (60) feet of any property line, and with housing and caging of animals adequate and sanitary and subject to all state health requirements for health and sanitation and with all animal food except hay and straw stored in rodent-proof containers.

APARTMENT

A room or suite of rooms within a building arranged, intended or designed as a place of residence for a single family or group of individuals living together as a single housekeeping unit.

APARTMENT HOTEL

An apartment house providing its tenants services ordinarily furnished by hotels, but not primarily available to the public, or a hotel primarily intended to provide dwelling facilities for non-transient persons.

APARTMENT HOUSE

(See "dwelling, multiple-family.").

APPEAL

A request for a review of the Zoning Enforcement Officer's interpretation of any provision of this Title or a request for a variance.

AREA

The amount of land surfaces in a lot, plot or parcel. (See also "buildable area, lot area.")

AREA OF ZONING LOT

(See "lot area.")

AREA REQUIREMENTS

The yard, lot area, lot width, lot coverage and space requirements as set forth in a specific district.

ATTACHED BUILDING

A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof with at least a horizontal dimension of six (6) feet.

AUDITORIUM

A room, hall or building made a part of a church, theater, school, recreation or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

AUTOMOBILE (MOTOR VEHICLE)

A passenger car, van, pickup truck, bus, and/or recreational vehicle, usually four-wheeled, propelled by an engine, meant for traveling on streets or roads.

AUTOMOBILE AND TRAILER SALES AREA

(See "motor vehicle and trailer sales area.")

AUTOMOBILE PARKING AREA

(See "parking area.")

AUTOMOBILE SERVICE STATION

(See "gasoline service station.")

AUTOMOBILE WRECKING YARD

(See "motor vehicle wrecking yard.")

BASEMENT

A building portion having part but not more than one-half (1/2) its height above grade and used for storage, garages for building occupant's use, janitor's or watchman's quarters or other utilities common for the rest of the building and which is not, as defined herein, counted as a story unless subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.

BENCHMARK

A permanent point of reference from which various measurements may be made.

BILLBOARD

(See "sign, billboard.")

BLIGHT

Deterioration, deficiencies or inadequacies in buildings, facilities and/or their environment diminishing their value, appearance and/or usability.

BLOCK

A tract of land bounded by public highways, streets or rights-of-way, other than alleys or, in cases where the platting is incomplete or disconnected, as determined by the Zoning Enforcement Officer.

BOARD OF ADJUSTMENT

The City's official Board of Adjustment.

BOARDING, LODGING OR ROOMING HOUSE

A building, other than a hotel or restaurant, operated as a single housekeeping unit, where lodging and/or meals are provided for compensation to three (3) or more persons, but not more than twenty (20), who are not members of the keeper's family, but not open on a daily, overnight or per-meal basis to transient guests.

BUILDABLE AREA

The space remaining on a zoned lot after the minimum open space requirements of this Title have been met.

BUILDING

An enclosed structure, anchored to a permanent foundation, and having exterior walls and a roof, designed for the shelter of persons, animals or property. When divided by other common or continuous walls, each portion or section of such building shall be regarded as a separate building, except two (2) such enclosed structures connected by a breezeway shall be deemed as one (1) building.

BUILDING HEIGHT

(See "height, building.")

BUILDING LINE

A building limit fixed by setback requirements at a specific distance from the front, rear and side boundaries of a lot, beyond which a structure cannot lawfully extend.

BUILDING, ACCESSORY

(See "accessory building or structure, attached building.")

BUILDING, ENCLOSED

A building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors and covered by a permanent roof.

BUILDING, PRINCIPAL

A building housing the principal, as distinguished from accessory or secondary, use or uses on a lot.

BUILDING, TEMPORARY

(See "temporary building or use.")

CABIN

A structure used for residential occupancy in a recreational district.

CAMPGROUND (CAMPSITE)

An area of land whereupon camping trailers, campers and similar vacation vehicles are housed on a temporary basis and used exclusively by such camping vehicles.

CAMPING EQUIPMENT

(See "recreational vehicle.")

CARE HOME

A licensed rest home, nursing home, convalescent home, boarding home for the aged or similar use established to render domiciliary care for chronic or convalescent patients, but not including hospitals, clinics or facilities for the care of feeble-minded or mental patients, epileptics, alcoholics, senile psychotics, drug addicts, sick or injured.

CELLAR

(See "basement.")

CHILD CARE FACILITY

An establishment used for the purpose of a day care center, day nursery, nursery school, day school, kindergarten (not connected with a school as defined herein) or similar use which constitutes the normal care of physically and mentally sound children. Child care facilities shall meet all requirements and specifications of the Division of Health and other State or local agencies having jurisdiction over child care facilities.

CHURCH

A building, including, but not limited to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary, or other facility wherein persons regularly assemble for religious worship maintained and controlled by a religious body having a principal use of religious worship or the offering of religious services of any denomination.

[Ord. No. 968, 5-23-2019]

CITY PLAN

The City's sketch plan or comprehensive plan, whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the Warren County, Missouri, Recorder's Office. Such plan may consist of several maps, data and other descriptive matter, for the physical development of the City or any portion thereof, including any amendment, extension or additions thereto adopted by the Board of Aldermen, indicating the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.

CLINIC, ANIMAL

(See "animal clinics and hospitals.")

CLINIC, HEALTH

An establishment for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, by a group of licensed health practitioners, but not providing board, room or overnight accommodations on the premises, not including animal hospitals or clinics.

CLUB

A non-profit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily a commercial enterprise; or a private, public or semi-public building or premises and appurtenant recreational facilities used by persons for recreational and eating purposes but not dwelling purposes for other than managerial or transient lodging.

CONDEMNATION

The taking of private property by a government unit for public use when the owner will not relinquish it through sale or other means, with compensation of fair market value paid to owner.

CONDITIONAL USE

A land use or development requiring analysis and judgment of its consequences regarding its location and relationship to other land uses.

CONDOMINIUM

The legal arrangement for individual ownership of each dwelling unit in an apartment building or residential development while common areas are owned, controlled and maintained through an organization consisting of all the individual owners.

CONSTRUCTION TRAILER

(See "trailer, construction.")

CONSTRUCTION, EXISTING

Structures for which the "start of construction" commenced before January 3, 1985 (the effective date of the Wright City Flood Insurance Rate Map); also refers to "existing structures."

CONSTRUCTION, NEW

Structures for which the "start of construction" or substantial improvement commenced on or after January 3, 1985.

CONSTRUCTION, START OF

The first placement of permanent construction of a structure on a site, such as pouring slabs or footings or any work beyond the excavation stage. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include installing streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include installing accessory buildings on the property. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For separate mobile homes, the "start of construction" means affixing the mobile home to its permanent site; for grouped mobile homes, the "start of construction" means the completion date for the construction of facilities for servicing the site, including street installation, final site grading, pouring concrete pads, and installation of utilities.

CORNER LOT

(See "lot, corner.")

COURT

An open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.

COVERAGE

(See "lot coverage.")

CUL-DE-SAC

A short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.

CURB LEVEL

The mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is highest.

DENSITY

Land occupancy area requirements/limitations. (See also "area requirements.")

DEPARTMENT

The Missouri Department of Health and Senior Services, or its successor agency.

[Ord. No. 968, 5-23-2019]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures or mining, dredging, filling, grading, paving, excavating or drilling operations.

DISTRICT

A section or sections of the City specifically declared within which the regulations governing the user of buildings and premises are uniform.

DRIVE-IN RESTAURANT

A type of retail sales providing patrons, in parked motor vehicles at specified spaces, outdoor service of food and/or beverage prepared for immediate human consumption.

DRIVEWAY

A roadway or drive for vehicular use located on private property leading to a building, parking area (private or public, depending on use) or use. For single-family dwellings, a driveway may also serve as a parking space.

[Ord. No. 890, 8-25-2016; Ord. No. 910, 4-27-2017]

DUMP

A lot, land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DUPLEX

(See "dwelling, two-family.")

DWELLING

A stationary building, or portion thereof, designed exclusively for permanent residential occupancy, including residential buildings, modular homes, boarding and lodging houses, apartment houses, apartment hotels or manufactured homes, with special provisions being required for manufactured homes such as being placed on a permanent foundation and having wheels and tongue removed, but not motels or hotels. A shipping container home shall not be considered a dwelling.

[Ord. No. 890, 8-25-2016]

DWELLING UNIT

A structure or portion thereof with complete housekeeping facilities for one (1) family or group operating as a single housekeeping unit.

DWELLING, GROUP

Two (2) or more detached or attached single-family, two-family or multiple-family dwellings occupying a single building site and having yards or open space in common, but not including a motel, hotel or motor hotel.

DWELLING, MULTIPLE-FAMILY

A building or portion thereof, including apartment houses, row houses, tenements and apartment hotels arranged, intended or designed for occupancy by three (3) or more families or groups each living as an independent housekeeping unit, such dwelling units normally being rented or used other than by the day, by the same occupant for a continuous period ordinarily of three (3) months or more.

DWELLING, NON-

(See: STRUCTURE, NON-DWELLING)

DWELLING, ONE-FAMILY OR SINGLE-FAMILY

A detached principal building containing one (1) dwelling unit designed for or used exclusively by one (1) family as an independent housekeeping unit.

[1]

DWELLING, THREE-FAMILY

A detached principal building designed for or used as a dwelling exclusively by three (3) families or groups each living as an independent housekeeping unit.

DWELLING, TWO-FAMILY

A detached principal building designed for or used as a dwelling exclusively by two (2) families or groups each living as an independent housekeeping unit or a building, such as a duplex, containing two (2) dwelling units only.

EASEMENT

A grant by the owner, for a specific purpose or purposes, of the use of a strip of land by the general public, utility companies or private individuals.

ELEMENTARY SCHOOL

A public, private, religious or parochial school giving instruction in a grade or grades not lower than pre-school nor higher than the eighth grade.

[Ord. No. 968, 5-23-2019]

ENTITY

A natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.

[Ord. No. 968, 5-23-2019]

ESSENTIAL UTILITY, GOVERNMENT OR PUBLIC

Erecting, constructing, altering or maintaining by public utilities or municipal departments, underground or overhead gas, electrical, steam, water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary to furnish adequate service or for the public health, safety or general welfare, but not including buildings.

EXCEPTIONAL USE

The official granting by the Zoning Board of a permit to allow a use within a district, such use and the conditions by which it may be permitted being clearly and specifically stated within Sections 400.050 and 400.060 of this Title.

EXISTING

In force or being as of May 10, 1990.

FAMILY

One (1) or more persons related by blood, adoption or marriage, or by employment as domestic servants, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with kitchen facilities, on a non-profit cost-sharing basis.

FILL, EARTH

The height to which uncontaminated soil is placed; also the resulting earthwork.

FILLING STATION

(See "gasoline service station.")

FLOOR AREA

The area included within outside walls of a building or portion thereof, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.

FLOOR AREA RATIO

The ratio in square feet of total floor area of all buildings on a lot to total lot area.

FLOWERING PLANT, MARIJUANA

A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

[Ord. No. 968, 5-23-2019]

FLOOR AREA, GROSS

The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, including basement area used for storage of goods, equipment and vehicles, also including interior balconies, mezzanines and accessory buildings.

FOOD TRUCK

An automobile or trailer designed and used for cooking, preparation, assembling, and/or serving of a full or limited menu of single service food items from the automobile or trailer for use by consumers.

[Ord. No. 812 § I, 12-12-2013]

FRONTAGE

All the property on the side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street or, if the street is dead-ended, all the property abutting one (1) side between an intersecting street and the dead end of the street.

GARAGE, PRIVATE

If detached, an accessory building for storing motor vehicles; if attached, a building or portion thereof for storing one (1) or more motor vehicles for persons occupying the premises. Only one (1) such vehicle may be commercial, not more than two (2) tons capacity.

GARAGE, PUBLIC

A building or portion thereof designed or used for the storage, sale, hiring, care or incidental repair of motor vehicles and operated for commercial purposes, except no salvage of automobiles, trucks, tractors or similar automotive equipment for parts or other uses is permitted under this definition.

GARAGE, STORAGE

A building or portion thereof designed or used exclusively for prearranged term storage of motor vehicles, not daily, and within which motor fuels and oils may be sold, but no motor driven vehicles are equipped, repaired, hired or sold.

GARBAGE

Putrescible animal or vegetable wastes resulting from food handling, preparation, cooking, servicing or consumption.

GASOLINE SERVICE STATION

A building, premises or portion thereof having pumps and storage tanks and used for the retail sale of gasoline, oil or other fuel, automotive parts, supplies or accessories for motor vehicles and which may include, as an incidental use only, facilities for polishing, greasing, washing or otherwise cleaning or light servicing motor vehicles, but not including liquefied petroleum gas distribution, junk and/or motor-vehicle wrecking facilities.

GRADE

For buildings having walls adjoining one (1) street only, the sidewalk elevation at the center of the wall adjoining the street.

For buildings having walls adjoining more than one (1) street, the average sidewalk elevation at the centers of all walls adjoining the streets.

For buildings having no wall adjoining the street, the average level of the finished ground surface adjacent to the building's exterior walls.

Any wall approximately parallel to and not more than five (5) feet from a street line shall be considered adjoining the street. Where no sidewalk exists, the grade shall be established by the City Engineer.

GROUP HOME

A permitted form of single-family residential occupancy in which 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.

HEIGHT

The distance above the average finished ground elevation at the perimeter of the structure being measured.

HEIGHT, BUILDING

The vertical distance measured from the highest point of a flat roof's coping, a mansard roof's deck line or a gable, hip or gambrel roof's mean height level between eaves and ridge, to the highest of the following three (3) levels: from the street curb level; from the established or mean street grade in case the curb has not been constructed; or from the average finished ground level adjoining the building if it sets back from the street line.

HEIGHT, YARD OR COURT

The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

HEMP EXTRACT

An extract from a cannabis plant or a mixture or preparation containing cannabis plant material that:

[Ord. No. 977, 10-10-2019]

Is composed of no more than three-tenths of one percent (0.3%) delta-9 tetrahydrocannabinol concentration on a dry weight basis;

Is composed of at least five percent (5%) cannabidiol by weight; and

HOME-BASED BUSINESS, NO IMPACT

Contains no other psychoactive substance.

HOME-BASED BUSINESS

Any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.

[Ord. No. 1030, 9-22-2022]

Any Home-Based Business:

[Ord. No. 1030, 9-22-2022]

Where the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and

The activities of the business:

Are limited to the sale of lawful goods and services;

May involve having more than one (1) client on the property at one (1) time;

Do not cause a substantial increase in traffic through the residential area;

Do not violate the Residential Parking Requirements set forth in Section 400.390;

Occur inside the residential dwelling or in the yard of the residential dwelling;

INDEPENDENT SENIOR LIVING FACILITY

Are not visible from the street; and

(g)

Do not violate the narrowly tailored regulations in Section 405.100(A)(1)(b)(6)(b), established herein.

HOME-BASED WORK

Any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

[Ord. No. 1030, 9-22-2022]

HOME OCCUPATION

A no impact home-based business or home-based work.

[Ord. No. 1030, 9-22-2022]

HOSPITAL

Any institution receiving in-patients, or a public institution receiving out-patients and authorized under Missouri Law to render medical, surgical and/or obstetrical care, including a sanitarium for the treatment and care of feeble-minded and mental patients, epileptics, alcoholics, senile psychotics or drug addicts, but not including office facilities for the private practice of medicine or dentistry or care homes as defined herein.

HOTEL

A building containing individual guest rooms or suites of rooms, providing lodging with or without meals to the transient public for compensation, with ingress to and egress from all rooms through an inside lobby or office supervised by a person in charge at all hours, as distinguished from a boarding or lodging house or apartment herein separately defined.

HOTEL APARTMENT

(See "apartment hotel.")

HOUSE

(See "dwelling.")

ILLEGAL INDUSTRIAL HEMP

All non-seed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.

[Ord. No. 977, 10-10-2019]

A facility containing dwelling units, accessory uses and support services specifically designed for occupancy by persons fifty-five (55) years of age or older. Such facilities may include accommodations for persons who are fully ambulatory or who require no medical or personal assistance or supervision, as well as accommodations for persons who require only limited or intermittent medical or personal assistance.

[Ord. No. 986, 4-2020]

INDOOR CULTIVATION FACILITY, INDUSTRIAL HEMP CULTIVATION

Any greenhouse or enclosed building or structure, used or proposed to be used for the cultivation of industrial hemp, capable of continuous cultivation throughout the year that is not a residential building.

[Ord. No. 977, 10-10-2019]

INDOOR FIRING RANGE

An indoor facility in which the supervised discharging of legal firearms, including, but not limited to, pistols, rifles and shotguns for target practice and which use may include other related accessory uses and activities such as the sale of legal firearms, legal ammunition and targets and the instruction of the use of firearms.

[Ord. No. 910, 4-27-2017]

INDUSTRIAL HEMP CROP

Industrial hemp grown under a single registration with the Missouri Department of Agriculture.

[Ord. No. 977, 10-10-2019]

INDUSTRIAL HEMP CULTIVATION

The process by which a person, business, or legal entity promotes the germination and growth of a seed to a mature hemp plant and the harvesting of such hemp plant.

[Ord. No. 977, 10-10-2019]

INDUSTRIAL HEMP PLANT MONITORING SYSTEM

A reporting system that includes, but is not limited to, testing, transfer reports, and data collection maintained by an industrial hemp producer or agricultural hemp propagule and seed permit holder and available to the Missouri Department of Agriculture for purposes of monitoring viable industrial hemp cultivated as an agricultural product from planting to final sale or transfer as a publicly marketable hemp product.

[Ord. No. 977, 10-10-2019]

INSTITUTION

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

INTERIOR SIDE LOT LINE

(See "lot lines, side.")

JUNK YARD

Use of land for indoor and/or outdoor storage, keeping, abandonment, sale or resale of junk, including scrap metal, automobile parts, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof.

KENNEL

(See "animal boarding kennels.")

LAND USE PLAN

The long-range plan designating the future use or reuse of land in the City's planning area, setting forth the policies and reasoning behind such decisions, serving as a guide regarding distribution and intensity of development, public facilities and open spaces, officially adopted and amended from time to time by the Board of Aldermen and kept on file in the City Clerk's Office.

LAUNDROMAT

A business providing home-type washing, drying and ironing machines for hire to be used by the customers on the premises.

LAUNDRY, COMMERCIAL/INDUSTRIAL

A business providing washing, drying and ironing services operated by the employees on the premises.

LICENSE

A written license issued by the municipality.

[Ord. No. 890, 8-25-2016]

LINE

(See "building line and lot lines.")

LIVESTOCK

Hooved animals.

LIVESTOCK MARKET FACILITY

A space and/or building facilitating the selling and buying of animals, the selling of goods and related activities as required by law.

LOADING SPACE

An off-street space or berth having a minimum dimension of ten (10) by thirty (30) feet for single-unit truck deliveries and ten (10) by sixty (60) feet for semi-trailer deliveries, on the same lot with a building or contiguous to a group of buildings, for temporarily parking a commercial vehicle while loading or unloading merchandise or materials and which abuts a street, alley or other appropriate means of access.

LODGING HOUSE

(See "boarding, lodging or rooming house.")

LOT

A portion of land (whether of a platted subdivision or otherwise) defined by metes, bounds or boundary lines in a recorded deed or on a recorded plat, occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this Title, having not less than the minimum area, width and depth required by this Title for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this Title. The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in continuancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.

LOT AREA

The total square footage or acreage within the property lines of a lot, excluding public streets and alleys, subject to the district requirements herein.

LOT COVERAGE

The area of a zoned lot occupied by the principal building or buildings and accessory buildings.

LOT DEPTH

The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

LOT IN SEPARATE OWNERSHIP

A lot with boundary lines touching, along their entire length, lands under other ownership as shown by plat or deed recorded in the office of the Recorder of Warren County on or before May 10, 1990.

LOT LINES

The lines bounding a lot as defined herein.

LOT LINES, FRONT

The boundary between a lot and the street it fronts.

LOT LINES, REAR

The boundary line opposite and most distant from the front street line, except in the case of uncertainty the Zoning Enforcement Officer shall determine the rear line on irregular lots.

LOT LINES, SIDE

Any lot line other than front or rear lot line. A side lot line separating a lot from a street side lot line. A side lot line separating a lot from another lot or lots is called an "interior side lot line."

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot, plot or parcel described by metes and bounds, the description of which had been so recorded on or before May 10, 1990.

LOT, CORNER

A lot abutting two (2) or more streets at their intersection or two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°), the point of intersection of the street lines being the "corner."

LOT, DOUBLE FRONTAGE

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

LOT, INTERIOR

A lot whose boundary lines do not abut upon any street.

LOT, MOBILE HOME

(See "mobile home lot.")

LOT, NON-CONFORMING

A single lot, tract or parcel of land shown on a recorded or unrecorded map, plat, drawing or survey in existence on failing to meet the requirements for area, width or depth for any use permitted within the district in which it is located.

LOT, PARKING

(See "parking area.")

LOT, THROUGH

A lot having frontage on two (2) parallel or approximately parallel streets.

LOT, WIDTH

The mean horizontal width of the lot measured at right angles to its depth.

MANUFACTURED HOME

A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, 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. Each manufactured home must meet the minimum standards of Chapter 700, RSMo. It must meet all the standards relating to manufactured homes as adopted by the Missouri Public Service Commission and evidenced by a seal issued by the Public Service Commission or equivalent standards such as the standards established under Title 42 of the United States Code.

[Ord. No. 890, 8-25-2016]

MANUFACTURED HOME LOT

The area within a manufactured home park designed for the accommodation of one (1) manufactured home, its accessory buildings or structures, and accessory equipment for the exclusive use of the occupants.

[Ord. No. 890, 8-25-2016]

MANUFACTURED HOME PARK

Any parcel of land consisting of five (5) or more acres upon which two (2) or more manufactured homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

[Ord. No. 890, 8-25-2016]

MANUFACTURED HOME STAND

That part of an individual lot which has been reserved for the placement of one single- or one double-wide manufactured home unit.

[Ord. No. 890, 8-25-2016]

MANUFACTURER, MEDICAL MARIJUANA

Every person, partnership, firm, corporation, association, limited liability company, or other legal entity engaged in the cultivation of a product or material, or in treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the utility value, or appearance of commodities and other personal property, whether done on order or for sale upon expected or anticipated demand or orders for the manufactured goods. Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities are "Light Industrial/Manufacturing" uses for purposes of this Chapter.

[Ord. No. 968, 5-23-2019]

MARIJUANA or MARIHUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "marihuana" does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths (0.3) of one percent (1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.

[Ord. No. 968, 5-23-2019]

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. 968, 5-23-2019]

MEDICAL MARIJUANA CULTIVATION

As related to activity authorized pursuant to Article XIV, Section 1, of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA CULTIVATION IDENTIFICATION CARD

An additional, separate, or enhanced identification card issued by the State of Missouri allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by the Department, only to the extent authorized by applicable law.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA DISPENSARY

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 by the State of Missouri solely pursuant to the terms of Article XIV, Section 1, of the Missouri Constitution to a qualified patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, medical marijuana transportation facility, or a medical marijuana-infused products manufacturing facility.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA MEDICAL USE

The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product as provided by Article XIV, Section 1, of the Missouri Constitution, for the benefit of a qualified patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State Law.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA TRANSPORTATION FACILITY

A facility certified by the State of Missouri to store and transport marijuana.

[Ord. No. 968, 5-23-2019]

MEDICAL MARIJUANA USE

A medical marijuana use shall be defined as any of the following herein defined entities:

[Ord. No. 968, 5-23-2019]

Medical marijuana cultivation facility.

Medical marijuana dispensary.

Medical marijuana-infused products manufacturing facility.

Medical marijuana testing facility.

Medical marijuana transportation facility.

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

Any other entity currently or hereafter included in and regulated by Article XIV, Section 1, of the Missouri Constitution

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 testing facility, medical marijuana transportation facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 968, 5-23-2019]

MOBILE HOME

A transportable, factory-built home designed to be used as a residential dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

[Ord. No. 890, 8-25-2016]

MOBILE HOME COMMUNITY/PARK

Any parcel of land consisting of three (3) or more acres upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located, whether or not a charge is made for such accommodations.[2]

MOBILE HOME LOT

Any area, tract, site or plot of ground within a mobile home community or mobile home park designed to accommodate one (1) mobile home as herein defined and the accessory uses thereto.

MOBILE HOME PARK

(See "mobile home community/park.")

MOBILE HOME SPACE

(See "mobile home lot.")

MODULAR HOME

A building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one (1) or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, that is constructed with conventional floor joist or trusses, does not include a permanent chassis, is of closed or open construction, and is made or assembled by a manufacturer, off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation. For purposes of this Code, a modular home is a dwelling permitted in any district that permits single-family or duplex dwellings.

[Ord. No. 890, 8-25-2016]

MOTEL/MOTOR HOTEL/MOTOR COURT

One (1) or more buildings containing attached, semi-attached or detached sleeping or living units to accommodate transient guests for compensation and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants; not to include tourists homes.

MOTOR HOME

(See "recreational vehicle.")

MOTOR VEHICLE AND TRAILER SALES AREA

An open off-street area used for the display and sale of new or used automobiles, pickup trucks, vans, vacation vehicles and trailers, where no repair work is done except of a minor and incidental nature to only those vehicles and trailers being sold.

MOTOR VEHICLE GASOLINE SERVICE STATIONS

(See "gasoline service station.")

MOTOR VEHICLE PARKING AREA

(See "parking area.")

MOTOR VEHICLE REPAIR SHOP

A building or a portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

MOTOR VEHICLE WRECKING YARD

Any place where two (2) or more farm or motor vehicles or farm machinery, not in running condition, or part thereof, are stored in the open and not being restored to operation, or any land, building or structure used for wrecking and storing such motor vehicles or parts thereof, including the commercial salvaging of any other goods, articles or merchandise.

MUNICIPAL OFFICIAL

The authorized representative of the City of Wright City, Missouri.

[Ord. No. 890, 8-25-2016]

NEIGHBORHOOD

The smallest sub-area in City planning, being a residential area with common public facilities and social institutions within walking distance.

NOISOME AND INJURIOUS SUBSTANCES, CONDITIONS AND OPERATIONS

Any public nuisance of an offensive or invasive nature resulting from a use within the jurisdiction of this Title, including, but not limited to, the following:

Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property.

Discharge of any liquid or solid waste into any stream of body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply.

Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety or welfare of any persons.

Fly ash or dust which can cause damage to the health of persons, animal or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.

Creation or causation of any unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.

NON-VIABLE INDUSTRIAL HEMP

Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

NON-CONFORMANCE

A condition existing on May 10, 1990, whereby a structure, land or use does not conform to the regulations of the district in which it is situated, including, but not limited to, failure to conform to height, area, coverage or off-street parking requirements.

NON-CONFORMING BUILDING

A building, structure or portion thereof conflicting with the provisions of this Title applicable to the district in which it is situated.

NON-CONFORMING LOT

(See "lot, non-conforming.")

NON-CONFORMING USE

A use legally existing on the effective date of this ordinance (May 10, 1990), or any amendment thereto, which does not meet the use requirements of the district where located.

Plant material or agricultural hemp seed that is not capable of living or growing.

[Ord. No. 977, 10-10-2019]

NURSING OR CONVALESCENT HOME

(See "care home.")

OFFICE, PROFESSIONAL SERVICES

An office (other than a service office or office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants and others who through training are qualified to perform services of a professional nature, or the offices of a governmental agency, with no storage, sale or display of merchandise on the premises.

OFFICE, SERVICE

An office where services are offered by real estate agents, insurance agents, public stenographers, brokers or others who through training are duly-qualified to perform services of an executive nature (as distinguished from a professional office), with no storage, sale or display of merchandise on the premises.

OPEN SPACE, PUBLIC

Land dedicated or reserved for acquisition for general use by the public, including parks, forest and wildlife preserves, recreation areas, school sites, community or public building sites, waterways, streets and other lands.

OPEN UNOCCUPIED SPACE

That area of private property upon which these regulations prohibit the location of any building or structure.

OVERLAY DISTRICT

A district where additional requirements act in conjunction with the underlying or abutting zoning district(s), and the original zoning district designation does not change.

PARCEL

All continuous lands including lots and parts of lots held in one (1) ownership.

PARK STREET

A private way which affords principal means of access to individual manufactured home lots or auxiliary buildings.

[Ord. No. 890, 8-25-2016]

PARKING AREA

An open, otherwise unoccupied, hard-surfaced space used or required for use for temporarily parking motor vehicles exclusively and where no gasoline or vehicular accessories are sold, no other business is conducted and no fees are charged.

PARKING AREA, PRIVATE

An open, hard-surfaced space, other than a street or public way, designed, arranged and made available to the occupants of the building or buildings for which the parking area is developed and is accessory for the storage of private passenger automobiles only.

PARKING AREA, PUBLIC

An open, hard-surfaced area, other than a street or other public way, used for parking automobiles or other motor vehicles and available to the public whether for a fee or as an accommodation to clients or customers.

PARKING LOT, COMMERCIAL

An open surfaced area used exclusively for temporarily storing motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles may be equipped, repaired, rented or sold.

PARKING SPACE

Space within a public or private parking area of not less than one hundred seventy one (171) square feet nine (9) feet by nineteen (19) feet, exclusive of access drives, aisles, ramps, columns, or office and work areas, for the storage of passenger automobile or a commercial vehicle under one and one-half (1 1/2) tons capacity, and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for such vehicles.

[Ord. No. 872 § XVI, 2-11-2016]

PAVED

Surfaced with asphaltic or concrete pavement material of a thickness sufficient to withstand the highest-use loading.

PAWNSHOP

See Section 625.020 of this Code.

[Ord. No. 807 § I, 9-26-2013]

PERFORMANCE STANDARDS

Regulations specifically directed toward controlling noisome and injurious substances, conditions and operations.

PERSON

Any natural individual, firm, trust, partnership, association or corporation.

PHYSICIAN

An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri Law.

[Ord. No. 968, 5-23-2019]

PLACE

An open, unoccupied space or public or private thoroughfare, other than a street or alley permanently reserved as the principal means of access to abutting property.

PLAN

(See "plat.")

PLAN, LAND

(See "land use plan," "subdivision plat, final" and "subdivision plat, preliminary.")

PLANNED DEVELOPMENT

A residential, commercial or industrial development on a parcel of land in single ownership and consisting of two (2) or more buildings having any yard, court, parking or loading space in common.

PLANNED DISTRICT

A land area, at least five (5) acres in size, having, by design, individual building sites and common property for open space and is organized to operate as a unit, without necessary participation of other units and building sites, the ownership of common property and building sites being either public or private, common or individual, according to a submitted plan.

PLANNING AND ZONING COMMISSION

The City's official Planning and Zoning entity.

PLAT

A map, plan or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties and other such details as may be required for review.

POLLUTION

(See "noisome and injurious substances, conditions and operations.")

PORTABLE STORAGE CONTAINER

A transportable enclosure marketed, designed and/or rented for use for temporary, on-site storage. Portable storage containers are commonly referred to by various trade names, such as "PODS," "U-Box Containers," and "U-Pack." A portable storage container is not a storage unit. To be considered a portable storage container, the container shall not exceed eight (8) feet in height eight (8) feet in width or twelve (12) feet in length. Any storage container exceeding those dimensions shall be deemed a storage unit.

[Ord. No. 910, 4-27-2017]

PREMISES

A parcel together with all buildings and structures thereon.

PRIMARY CAREGIVER

An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualified patient and who is designated as such under the rules and regulations of the Department and possesses a Department-issued primary caregiver or primary caregiver cultivation identification card.

[Ord. No. 968, 5-23-2019]

PRINCIPAL USE

The main purpose for which a lot or the principal building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained in accordance with the provisions of these regulations.

PRODUCER, INDUSTRIAL HEMP CULTIVATION

A person who is a Missouri resident, or an entity that is domiciled in this State, who cultivates industrial hemp.

[Ord. No. 977, 10-10-2019]

PROFESSIONAL

A member of a recognized profession, including accountants, architects, dentists, doctors, engineers and lawyers.

PROPERTY

That which can be owned, either by an individual or by a group in common.

PROPERTY LINE

(See "lot lines.")

PUBLICLY MARKETABLE PRODUCT

Any non-viable industrial hemp material, including seed, stem, root, leaf, or floral material, that contains no material with a delta-9 tetrahydrocannabinol concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.

[Ord. No. 977, 10-10-2019]

PUBLIC OPEN SPACE

Any publicly owned open area, including, but not limited to, parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

PUBLIC SEWAGE SYSTEM

(See "utilities, local public service.")

PUBLIC USE

Buildings, structures and uses of land owned, operated and maintained by a government unit or government agency, including, but not restricted to, public schools, fire stations, recreation sites and facilities and water treatment facilities.

PUBLIC UTILITY

(See "utilities, local public service.")

PUBLIC WATER SUPPLY

(See "utilities, local public service.")

QUALIFYING PATIENT

A Missouri resident diagnosed with at least one qualifying medical condition as defined in Missouri State Law and possessing a Department-issued qualifying patient or qualifying patient cultivation identification card.

[Ord. No. 968, 5-23-2019]

RECREATIONAL VEHICLE

Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation or vacation or one permanently identified as a travel trailer by the manufacturer of the trailer), pickup coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation), motor home (a portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self-propelled vehicle) and camping trailer (a canvas material on metal folding structure mounted on wheels and designed for travel, recreation and vacation use).

REPAIR FACILITY

A building used for the repair and/or restoration of equipment and/or machinery.

[Ord. No. 872 § I, 2-11-2016]

RESIDENCE

(See "dwelling.")[3]

REST HOME

(See "care home.")

RESTAURANT

A building or portion thereof used or designed for on-premise food and beverage service for compensation, not including drive-in restaurants.

RESTAURANT, DRIVE-IN

(See "drive-in restaurant.")

RIGHT-OF-WAY

The area of a vehicular way or other strip of land reserved for public use whether established by prescription, easement, dedication, gift, purchase, eminent domain or other legal means. (See also "street.")

ROAD

Any street, highway, avenue, marginal access street, bridge, viaduct or segment thereof. (See also "street.")

ROADWAY SURFACE WIDTH

(See "street surface width.")

ROOM

An unsubdivided portion of a dwelling unit interior, excluding bathrooms, kitchens, closets, hallways and service porches.

ROOMING HOUSE

(See "boarding, lodging or rooming house.")

SANITARY LANDFILL

A type of operation, conforming to City permit and State licensing requirements, in which refuse and earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a designated portion of open land, each layer being compacted with force applied by mechanical equipment.

SEARCHLIGHT, MARKETING/PROMOTIONAL

The use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, including the operation of searchlights for advertising purposes.

[Ord. No. 810 § I, 10-24-2013]

SECONDARY SCHOOL

A public, private, religious or parochial school giving instruction in a grade or grades not lower than the sixth nor higher than the twelfth grade.

[Ord. No. 968, 5-23-2019]

SERVICE BUILDING

A building housing community toilet, laundry, and other sanitary facilities necessary for the health and convenience of manufactured home occupants.

[Ord. No. 890, 8-25-2016]

SETBACK

The distance in linear feet measured on a horizontal plane from any lot line to a building or structure on the lot.

SETBACK LINE, BUILDING FRONT, REAR OR SIDE

(See "building line.")

SEWAGE SYSTEM OR WORKS, SANITARY

A facility designed for collection, removal, purifying treatment and disposal of waterborne sewage generated within a given service area, with stormwater, surface water and groundwater not intentionally admitted.

SHIPPING CONTAINER

A large prefabricated portable container, designed and manufactured as an enclosed container to store goods during shipment over ocean, over road and/or over rail.

[Ord. No. 910, 4-27-2017]

SHIPPING CONTAINER HOME

A building used for permanent or temporary human occupancy, including, but not limited to, living, sleeping or other residential uses, composed of one (1) or several conjoined and/or stacked prefabricated metal containers formerly used as an enclosed shipping container for over-ocean, over-road and/or over-rail shipment of bulk goods.

[Ord. No. 890, 8-25-2016]

SEWAGE, DOMESTIC OR SANITARY

A combination of the waterborne human wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.

SEWAGE/WASTE, INDUSTRIAL

The liquid wastes from individual manufacturing processes, trade or business, as distinct from sanitary sewage.

SHOPPING CENTER/MALL

A planned group of stores, the large primary stores flanking the smaller secondary stores and shops to create a balanced pedestrian flow, providing convenient customer parking, with accommodations made for, but not limited to, off-street loading, landscaping, stormwater runoff, lighting, signage, cleanliness, designated fire lanes, internal traffic circulation and access to off-site thoroughfares, conforming to all appropriate codes and ordinances.

[Ord. No. 852 § XVII, 4-23-2015]

SIGN

Any structure, part thereof, or device attached thereto, or painted or represented thereon, or any material or object illuminated or otherwise, displaying or including any numeral, letter, word, model, banner, emblem, insignia device, trademark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry, located upon any land, building or window. The flag, emblem or other insignia of a nation, governmental unit, or educational, charitable or religious group shall not be included within the meaning of this definition.

SIGN AREA

The total surface area of the entire sign, including all parts and appurtenances thereof [except principal supports, the total cross-sectional area of which does not exceed one (1) square foot and on which there is no display of advertising material or any lighting]. In the case of any sign having display surfaces which are not continuous (e.g., separated letter displays or separated display surfaces), sign area shall include a theoretical display surface equal to the area of the smallest enclosure into which the combined non-continuous display surfaces can be fitted, including intermediate structural supports.

SIGN CLEARANCE

The vertical distance from the established finished grade of the ground or sidewalk to the lower edge of a sign.

SIGN COMBINATION

Any sign incorporating any combination of the features of the signs defined herein.

SIGN HEIGHT

The vertical distance measured from the highest point of the street curb level, the established or mean street grade in case the curb has not been constructed or the average finished ground level adjoining the sign if it sets back from the street line, to the level of the highest point of the sign.

SIGN, ADVERTISING

A sign directing attention to a business, commodity, service or entertainment.

SIGN, BILLBOARD

Any advertising display structure with its facing outline in excess of twenty (20) square feet not related to a permitted principal use of the premises.

SIGN, BULLETIN BOARD

A sign used to notify the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting or similar event.

SIGN, BUSINESS

A sign directing attention to a business, profession, display or entertainment conducted upon a lot or to a commodity or service stores, sold or displayed on a lot. Only one (1) side of any double-facing business sign shall be considered in the total sign area permitted for any business building or lot, provided the same theoretical message appears on both faces of the sign and further provided the sign shall be perpendicular to the traveled way toward which the sign is oriented with variations of less than five degrees (5°) permitted.

SIGN, CONSTRUCTION

A sign advertising the development or improvement of a property by a building contractor or other person furnishing services, materials or labor to said premises, intended for a limited period of display and erected on the same lot with the work being done.

SIGN, DIRECTIONAL

A sign containing only the name and location of and/or direction to a business, community, service or other activity and located other than on the premises where such business, service or other activity is conducted.

SIGN, FACE

Any sign attached to the face of a building or structure in such a manner as to be approximately parallel to the plane of such building or structure face and not extending farther than one (1) foot from such face.

SIGN, FREESTANDING

A detached sign supported by one (1) or more uprights, poles or braces in or upon the ground and not attached to a building or other structure.

SIGN, IDENTIFICATION

An on-premises sign serving only to tell the name or use of any public/semi-public building or recreation space, club, lodge, church or institution or only to tell the name and/or address of an apartment house or hotel or to identify a parking lot, not including a sign identifying a commercial or industrial use or a commodity or service offered on the premises.

SIGN, ILLUMINATED

Any signage display using electrical or other illumination devices, including luminous tubing, either attached or detached.

SIGN, INCIDENTAL USE

A non-illuminated professional or announcement sign, not exceeding one-half (1/2) square foot in area and attached wholly to a building, including those pertaining only to the rent, lease or sale of property upon which displayed.

SIGN, MARQUEE

A display sign attached to or suspended from a marquee, canopy or other covered structure projecting from and supported by the building and extending beyond the building wall or building line.

SIGN, NAME PLATE

A sign servicing solely to designate the name of person or persons residing in a dwelling.

SIGN, POLE

A sign supported wholly by a pole or poles, the surface of which is not a part of a building.

SIGN, PRINCIPAL USE

A sign on the same premises with a principal use, announcing only the name of such principal use and/or the principal product sold or the principal service rendered by such principal use.

SIGN, PROJECTING

All signs, other than face signs, suspended or supported by any building or wall and extending outward therefrom.

SIGN, REAL ESTATE

A temporary sign indicating the availability for sale, rent or lease of the specific lot and/or building upon which the sign is erected or displayed.

SIGN, ROOF

A sign erected upon or above a roof or parapet wall of a building or structure but not projecting over public property.

SIGN, SEPARATE USE

Any sign, including a standard poster panel sign or fabricated sign (billboard) directing attention to a business commodity, service, entertainment or other activity, conducted, sold or offered elsewhere than on the premises where said sign is located.

SIGN, SUBDIVISION

A temporary sign advertising the general development, sale and/or subdivision of land and displayed or erected upon the subject property, as distinguished from a real estate sign, and to be replaced at a specified time by a permanent sign identifying said development or subdivision.

SIGN, TEMPORARY

Any sign intended to be displayed for a short period, which period shall not be greater than three (3) months.

SIGN, WALL

Any sign painted on, attached to or erected against the wall of a building or structure, with the exposed sign face parallel to the plane of said wall and extending not more than twelve (12) inches from the face of the wall.

SITE PLAN

A plan showing uses and structures proposed for a selected parcel, including lot lines, streets, building sites, reserved open spaces, buildings, major landscape features — both natural and manmade — and proposed utilities locations.

SOLID WASTE

Garbage, refuse and other discarded material, including, but not limited to, solid and liquid waste materials resulting from industrial, business, agricultural and residential activities.

SPACE

(See "public open space" and "parking space.")

SPORTING GOODS

An establishment engaged in the retail sale of sporting goods such as hunting and fishing accessories (including archery equipment, firearms and ammunition), sports equipment, camping equipment, exercise and fitness equipment, apparel, footwear and other goods, accessories and related merchandise to the general public.

[Ord. No. 910, 4-27-2017]

STABLE, PRIVATE

An accessory building for keeping horses, ponies, mules or cows owned by occupants of the premises and not kept for remuneration, hire or sale.

STABLE, PUBLIC

A stable other than a private or riding stable as defined herein.

STABLE, RIDING

A structure where horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for remuneration, hire or sale.

STORAGE BUILDINGS

A warehouse that is divided into multiple units.

[Ord. No. 872 § I, 2-11-2016]

STORAGE UNIT (LONG-TERM AND TEMPORARY)

A large [exceeding eight (8) feet in height eight (8) feet in width or twelve (12) feet in length] prefabricated portable container such as a semi-truck trailer, box trailer or shipping container. A storage unit is not a portable storage container. A storage unit intended to be placed or actually located on a lot for more than sixty (60) days shall be deemed a "long-term storage unit." A storage unit intended or located on a lot for sixty (60) days or less shall be deemed a "temporary storage unit."

[Ord. No. 910, 4-27-2017]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if no floor is above it, then the space between any floor and the ceiling next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story, except any partial story used for residential purposes other than for a janitor or caretaker or his or her family, or by a family occupying the floor immediately below it, shall be deemed a full story.

STREET

The full width between the property lines bounding every way of whatever nature when any part thereof is open to use by the public as a matter of right, for the purpose of vehicular traffic and whether designated as a street, highway, freeway, expressway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, circle or however otherwise designated, except accessways commonly designated as alleys, and further described as follows:

Major streets and highways are those used primarily for fast or heavy through traffic.

Collector streets are those providing for traffic movement between major streets and highways and local streets, including principal entrance streets or residential developments and streets for circulation within such developments.

SUBDIVISION PLAT, PRELIMINARY

Local and minor streets are those used primarily to provide direct access to individual lots and for local traffic movements.

STREET LINES

A dividing line between a lot, tract or parcel of land and a contiguous street.

STREET SURFACE WIDTH

That portion of any street designated for vehicular traffic and, where curbs are laid, that portion of any street between the curbs.

STREET-SIDE LOT LINES

(See "lot lines, side.")

STRUCTURAL ALTERATIONS

(See "alterations, building or structural.")

STRUCTURE

Anything fabricated, assembled, constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground, including, but not limited to, buildings, signs, poles, walkways, retaining walls, towers and fences.

STRUCTURE, DWELLING

(See "dwelling.")

STRUCTURE, NON-DWELLING

Any structure not conforming to use for dwelling purposes.

SUBDIVISION

The division of a parcel into two (2) or more lots, or other divisions of land, including re-subdivisions and, when appropriate to the context, the process of subdividing or to the land or territory subdivided.

SUBDIVISION PLAT, FINAL

The final map, drawing or chart and required documents presenting a subdivision plan to the Planning and Zoning Commission and Board of Aldermen for approval.

The first formal submission by a subdivider of a map, drawing or chart indicating the proposed layout of a subdivision with accompanying documents as required by the subdivision regulation.

TATTOO SHOP

A commercial establishment licensed by the State of Missouri Division of Professional Registration, Office of Tattooing, Body Piercing and Branding as outlined in 20 CSR § 2267-3.010, and which employs practitioners licensed by the State who perform the service of placing a tattoo or tattoos on patrons of such establishment. For the purpose of this definition, the term “Tattoo” shall mean an indelible mark made on the body of another person either or both:

[Ord. No. 1008, 10-28-2021]

By the insertion of a pigment under the skin; or

TEMPORARY BUILDING OR USE

By production of scars other than by branding.

A use or building established for a delineated time span in connection with a specific purpose such as a construction project or real estate development, not to include facilities for sleeping or cooking.

THEATER

A building or part of a building devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis.

THEATER, OUTDOOR DRIVE-IN

An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.

THOROUGHFARE

A major street.

THOROUGHFARE PLAN

The official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, adopted by the Planning and Zoning Commission, approved by the Board of Aldermen, and duly recorded in the office of the County Recorder of Deeds of Warren County.

THOROUGHFARE, PRIMARY/SECONDARY

A major street so designated in the official thoroughfare plan.

TIE-DOWN

A device designed for the purpose of anchoring a manufactured home to the ground anchors.

[Ord. No. 890, 8-25-2016]

TOPOGRAPHIC MAP

A map showing all principal physical features of an area, including elevation.

TOURIST HOME

A building other than a hotel or motel where lodging is provided and offered for compensation to not more than twenty (20) transient guests, with only one (1) sign not more than two (2) square feet in area.

TOURIST/TRAILER CAMP

[See "campground (campsite)."]

TRAILER

Any structure built on a chassis for licensing by the State as a trailer and designed for general hauling or recreational purposes. (See "mobile home," "trailer, construction," "utility trailer," and "recreational vehicle.")

TRAILER, CONSTRUCTION

A vehicle, other than a motor vehicle, designed or intended for temporary office space and/or storage, but not dwelling purposes, whether or not such vehicle is attached to or resting on the ground or something having a location on the ground, and is parked on the building site where construction work is occurring and requires a permit prior to its placement.

TRANSITIONAL AREA

An area with its geographical location to other zoning districts making it more subject to uses from said adjoining districts not completely compatible with its existing zoning district regulations, such that condition use permits and/or variances are requested at a frequency to alter the original zoning district's intent.

TRANSPORTATION INSTALLATIONS, MAJOR

Industrial-type transportation facilities to include airports, bus terminals, flight strips and heliports, railroad terminals and yards and truck terminals.

UNFIT FOR HUMAN HABITATION

Any manufactured home or structure which is dangerous to human life or detrimental to health through either lack of maintenance, or repair generally, or because of unsafe or improper construction or installation, and includes, but is not limited to, manufactured homes or structures within a manufactured home park in which any one or more of the following exists: The exterior wall or walls, supporting structure, doors, windows, floors, roof, appliances, or equipment are so deteriorated, broken or damaged as to be hazardous to the occupants; or the walls, roof, floor, doors or windows are in such condition as not to adequately protect the occupant or occupants from the elements.

[Ord. No. 890, 8-25-2016]

USE

The specific purpose or combined purposes for which land or a building is designed, arranged, intended, occupied or maintained, with any combination of uses subject to the like combination of their individual requirements. The term "permitted use" or its equivalent shall not be deemed to include any non-conforming or conditional use. (See also "accessory use," "conditional use," "exceptional use," "non-conforming use," "principal use," "public use," "temporary building or use.")

UTILITIES, LOCAL PUBLIC SERVICE

(See "essential utility, government or public.")

UTILITIES, MAJOR

Publicly or privately owned, operated and maintained facilities requiring licensing and monitoring beyond local levels and more selectively in their location within the community, such as sanitary landfills, sewage treatment plants and outfall sewers, radio and television transmitter towers, electrical substations and telephone exchanges, power generating plants and water towers.

UTILITIES, PRIVATE

Those water, sewer, storm drainage, communication, power or other facilities privately owned, operated and maintained for a specific service area and which comply with applicable public health standards.

UTILITY TRAILER

Any structure built on a chassis for licensing by the State as a trailer and designed for general hauling or recreational purposes.

VACATION VEHICLE LOT OR PARK

Any area, tract, site or plot of land whereupon a minimum of two (2) vacation vehicles as herein defined are placed, located or maintained for temporary dwelling purposes.

VARIANCE

The official granting of an exemption from compliance with the terms or conditions of the zoning regulations by the Zoning Board for a specific parcel, structure or use as a result of demonstrable practical difficulties other than of a financial nature in meeting the existing requirements, as distinct from rezoning and as further set out hereinafter in powers and duties of the Board of Adjustment.

VIABLE INDUSTRIAL HEMP

An agricultural product that is subject to regulation by the Missouri Department of Agriculture, including compliance with an industrial hemp plant monitoring system.

[Ord. No. 977, 10-10-2019]

WAREHOUSE

A large building where raw materials or manufactured goods may be stored before their export or distribution for sale.

[Ord. No. 872 § I, 2-11-2016]

YARD

The open space at grade remaining between the lot lines adjoining such space and the principal building or building lines on such lot, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided.

YARD, FRONT

A yard extending between side lot lines and across the front of a lot and being the minimum horizontal distance between the street or lot line and the principal building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street the front door faces.

YARD, REAR

A yard extending between side lot lines and across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches; the rear yard being opposite the front yard.

YARD, SIDE

A yard between the principal building and the side line of the lot, and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereof.

ZONING

A unified set of regulations and maps establishing use groups by district designations and controlling the placement, height, bulk, coverage and performance and other standards for use of land and structures within each district.

ZONING AMENDMENT

A change or revision of the ordinance or map.

ZONING APPEAL

An official request for reconsideration filed with the Zoning Board after an application to the Zoning Enforcement Officer for a zoning permit has been denied for non-compliance with the requirements of the ordinance.

ZONING BOARD

The term used to refer to the Board of Zoning Appeals as herein regulated.

ZONING CERTIFICATE

A document issued by the Zoning Enforcement Officer authorizing buildings, structures or uses consistent with the terms of this Title and for the purpose of implementing and enforcing its provisions.

ZONING DISTRICTS

The City's divisions regulating land use and density.

ZONING ENFORCEMENT OFFICER

A person or persons designated by the Board of Aldermen to administer the ordinance.

ZONING MAP

The City's Official Zoning Map and all amendments thereto located in the office of the City Clerk.

ZONING, BUILDING PERMIT

A permit issued by the Zoning Enforcement Officer indicating the plan submitted complies with the zoning ordinance and the use or structure proposed is allowed by the ordinance or has been allowed by a variance or exception granted by the Zoning Board.

[1]

Editor's Note: The former definition of "dwelling, senior," which immediately followed this definition, was repealed 4-__-2020 by Ord. No. 986.

[2]

Editor's Note: Former definitions of "mobile home, dependent" and "mobile home, independent," which immediately followed this definition, were repealed 8-25-2016 by Ord. No. 890.

[3]

Editor's Note: The former definition of "residential meal service," which immediately followed this definition, was repealed 4-23-2015 by Ord. No. 852 § II.

Section 405.100 Supplemental Regulations.

[R.O. 1992 § 405.100; Ord. No. 228 § 700.10, 5-10-1990; Ord. No. 292 § I, 12-8-1994; Ord. No. 354 §§ II — IV, 3-25-1999; Ord. No. 426 § I, 6-12-2003; Ord. No. 698 § I, 9-24-2009]

This Section outlines regulations affecting more than one (1), or all, zoning districts and must be reviewed in every case when considering any type of land use within the City's jurisdiction; however, these supplemental regulations shall defer to any specific regulations within the respective zoning districts Sections.

Building Or Structures.

General.

Buildings Or Structures, Accessory. In all zoning districts except the residential districts identified in Article III of this Chapter, accessory buildings or structures, as defined in Section 405.090, shall be subject to the following:

[Ord. No. 827 § I, 5-22-2014]

An accessory building to a primary structure shall be set back no less than the existing building line of the property and in no instance be located or constructed in the applicable setbacks for the zoning district in which the principal building is located.

No single accessory building in any district shall occupy more than thirty percent (30%) nor shall all such buildings collectively occupy more than forty percent (40%) of the required yard spaces in the rear one-half (1/2) of a lot.

On external corner lots in a subdivision, an accessory building shall not project closer than fifteen (15) feet to the street side lot line; except if a required parking garage with access to said street, such setback shall be a minimum of twenty (20) feet.

No accessory building shall be erected in any required front or side yard, and no separate accessory building shall be erected within five (5) feet of any other building.

No accessory building shall be constructed upon a lot until the construction of the principal building has commenced, and no accessory building shall be placed in use until the principal building is completed and in use.

No accessory building shall be used for dwelling purposes.

Buildings Or Structures, Principal.

More than one (1) principal structure, or structure housing a permitted or permissible principal use, may be erected on a single lot provided all yard and other requirements herein shall be met for each structure as though it were on a separate lot.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or have access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

All owners, contractors or builders of any principal structure in the City shall report its location to the Zoning Enforcement Officer and procure a certificate of the number issued by the U.S. Postal authority and shall cause said number to be placed thereon where it shall be clearly visible from any public road or street it fronts.

Buildings Or Structures, Temporary. No temporary structure (including trailers and manufactured homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by these regulations; however, the Planning and Zoning Commission may, upon application therefor, permit the use of such temporary structure for such reasonable time, for such use and subject to such conditions as the Commission deems compatible with the character of the area in which the structure is located and in compliance with the purpose and intent of these regulations.

[Ord. No. 890, 8-25-2016]

Buildings Or Structures, Incomplete. Nothing herein contained shall require a change in the plans, construction or designated use of a building, if its foundation has been completely constructed at the effective date of these regulations and if construction shall be completed within one (1) year of said date.

The below-listed types of uses shall be subject to the additional requirements as follows:

Churches And Places Of Formal Worship. For each seventy-five (75) seats (or where benches are provided, each twenty-four (24) inches of said bench shall constitute a seat) or fraction thereof, excluding Sunday school accommodations, the site shall contain at least one-half (1/2) acre of land.

Drive-In Theaters.

Projection screens and parking areas shall not be closer than fifty (50) feet from any street right-of-way line and not closer than one hundred (100) feet from any residential district boundary.

The projection screen surface shall not be visible from any major traffic street.

Loudspeakers shall be limited to individual unit type designed to be heard by occupants within one (1) vehicle only.

Entrances and exits shall connect only to major arterial or collector streets and shall be designed to avoid interference with traffic flow.

Entrances and exit waiting space for vehicles shall be provided to accommodate not less than five percent (5%) of the theater's parking capacity.

Fences, Walls And Hedges.

No barbed wire or other such sharp pointed fencing and no electrically charged fence shall be erected or maintained in any residential zoned district. These fences are allowed in agricultural and conservation districts. In commercial and industrial districts, barbed wire fencing is allowed only if placed on the top of a chain-linked fence, six (6) feet minimum in height. Razor ribbon or equivalent and concertina type wire or banding is prohibited.

No permanent fence or retaining wall shall be constructed or erected within any public street or alley right-of-way unless authorized by the Planning and Zoning Commission.

Fences, walls and hedges in any district may be located along lot lines, provided those exceeding six (6) feet in height meet the minimum yard requirements of the subject district. [See also Density and Appurtenant Requirements, Section 405.100(A)(2)(a)(5)].

Notwithstanding anything else in this Section to the contrary, in residential districts, fences not exceeding eight (8) feet in height are permitted; provided that no fence of any type shall be built:

[Ord. No. 880, 4-28-2016; Ord. No. 948, 9-13-2018]

In the front yard, except that a fence may, beginning at a side-front corner of the primary structure, follow the contour of the front lot line out to the side lot line (see Illustration 1); or

Along the apparent rear of the property adjacent to a public street on double frontage lots (or, through lots), closer than the street right-of-way.

Fence Construction Material.

[Ord. No. 787 § I, 3-28-2013]

All fencing must be made of approved material and be adequately secured in the ground.

Approved material would be chain link, decorative wood, or vinyl fence.

All fencing installed six (6) feet or less in height must have posts cemented in concrete at thirty (30) inches deep.

(iv)

Any fence over six (6) feet in height must be secured in concrete thirty-six (36) inches deep.

(v)

All material and construction must be approved by City Official, Code Enforcement Officer or Building Official.

Garages, Motor Vehicle Repair. All repair work, servicing, storage of parts and equipment and vehicle dismantling shall be done completely within an enclosed building or shall be enclosed by a solid fence at least six (6) feet in height.

Gasoline Service Stations.

All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least twenty (20) feet from any street right-of-way line.

All fuel and oil storage, pumps or other such dispensing devices shall be located at least twenty (20) feet from any side or rear lot line.

No access drive shall be within two hundred (200) feet of a fire station, school, public library, church, park or playground.

All food, ice and beverage vending devices shall be located within or immediately adjacent to the principal building.

Home Occupations.

[Ord. No. 1030, 9-22-2022]

These regulations are narrowly tailored to protect the public health and safety, including ensuring compliance with regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control; to ensure that all home-based business activity is compliant with State and Federal law; and to ensure that home-based businesses are paying applicable taxes.

A home occupation may operate in the Agricultural or any Residential Districts provided the home occupation:

Is clearly incidental and secondary to the primary residential use of the dwelling unit;

Does not occupy more than forty-nine percent (49%) of the floor area of the dwelling;

Is operated such that the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling;

(iv)

Pays all applicable taxes and otherwise operates in compliance with applicable City, State, and Federal law;

(v)

Is operated by a resident or residents of the dwelling unit;

(vi)

Does not change the residential character of the residential building by altering or modifying the exterior of the dwelling so as to indicate the presence of a home occupation; and

(vii)

Does not adversely affect the character of the surrounding neighborhood by allowing or causing, for example: commercial or delivery vehicles used in connection with the home occupation are parked at or stored on the dwelling or visit the premises with a frequency of more than one (1) visit per day; a steady or concentrated visitation of clients to the dwelling; a substantial increase in traffic or on-street parking through the residential area; storage or the use of equipment that produces negative effects outside the home or accessory structure or violates the performance standards of these regulations; outdoor display or storage of material visible from the street; signs displayed (except one (1) nameplate displayed flat against a door or wall, or in the window, of the principal dwelling) The dwelling's appearance is altered by the conduct of the home occupation and is recognizable as serving a non-residential purpose, either by color, materials of construction, lighting, sounds, vibrations; requiring additional off-street parking; or similar adverse impacts.

Neither a license nor a fee is required for a home occupation, but in order to ensure applicable taxes are paid, within sixty (60) days of establishing a home occupation, the resident or homeowner shall supply the City with a copy of their business's Missouri Tax I.D. number and, for home occupations selling goods at retail, a Statement of No Tax Due in accordance Missouri Statutes (Section 144.083.2 and 144.083.4, RSMo.). The resident shall also submit to the City Clerk a written description of the type of home occupation, the total floor area of the dwelling in which the home occupation is to be located with the amount of floor area to be occupied by the home occupation, any equipment used in the conduct of the home occupation, and the number of employees to be working at the home occupation including those who are not residents of the home.

Nothing in this Subsection pertaining to home occupations shall be deemed to:

Prohibit mail order or telephone sales for home occupations;

Prohibit service by appointment within the home or accessory structure;

Prohibit or require structural modifications to the home or accessory structure;

(iv)

Restrict the hours of operation for home occupations;

(v)

Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure; or

(vi)

Restrict or prohibit a particular occupation that is legal under the laws of the City, State, and United States.

Hospitals And Sanitariums.

The minimum site shall be five (5) acres except when the facility's capacity exceeds fifty (50) beds the site shall be the greater of five (5) acres or the acreage determined by the number of beds multiplied times the percentage of total floor area at ground level and dividing by five hundred (500).

All principal buildings shall be located at least twenty-five (25) feet from all lot lines.

The site shall not have any lot dimension less than two hundred (200) feet.

(8)

Junk Yards.

All storage of parts and equipment and the dismantling of vehicles shall be within a completely enclosed building or within an area enclosed by a solid fence not less than six (6) feet in height.

Any junk yard shall be located not less than five hundred (500) feet from any residential district boundary.

(9)

Nurseries, Plant/Tree, And Greenhouses.

No fertilizer, compost, manure or other odor- or dust-producing substance shall be stored within fifty (50) feet of any property line.

Greenhouse heating units shall be in an enclosed building not less than fifty (50) feet from any property line.

Along any side or rear lot line, a planting or other appropriate screening shall be provided of such size and density to provide visual separation from adjacent residential properties.

(10)

Nursing Homes.

The minimum site shall be two (2) acres; a nursing home containing more than forty (40) beds shall have a minimum site area the greater of two (2) acres or the number of acres determined by multiplying the number of beds times the percent of total ground floor area and dividing that total by two thousand (2,000).

All principal buildings shall be located at least twenty-five (25) feet from all lot lines.

The site shall have a minimum lot dimension of two hundred (200) feet.

(11)

Public Buildings.

In any agricultural, park and scenic or residential district, all publicly owned buildings shall be located at least twenty-five (25) feet from all property lines.

In any agricultural, park and scenic, residential or commercial district, permanent storage of heavy construction or maintenance equipment (such as excavating, road building or hauling equipment) shall not be permitted unless in an enclosed building or enclosed within a solid wall or fence at least six (6) feet in height, and such storage areas, maintenance yards or storage warehouses shall be located at least twenty-five (25) feet from any front or side property line.

(12)

Public Utility Stations, Exchanges, Essential Services. Electrical substations, gas regulator stations or telephone exchange facilities in any agricultural, park and scenic or residential district shall be subject to the following:

No public office, repair or storage facilities shall be maintained in connection with such substations or exchanges.

The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

The area where the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.

Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot may consist of width not less than the total building width plus the total minimum required side yards, and depth not less than the building depth plus the minimum required front yard plus a three-foot minimum rear yard.

Where facilities or equipment are located outside an enclosed building, no such facilities or equipment shall be located closer than fifteen (15) feet to any side or rear lot line.

If transformers are exposed, an enclosing fence or wall at least six (6) feet in height shall be provided.

(13)

Schools, Private And Parochial.

For each one hundred (100) students or fraction thereof, the site shall contain one and one-quarter (1.25) acres.

Each principal building shall be located at least twenty-five (25) feet from all property lines.

(14)

Stables. No private stable shall be located closer than one hundred fifty (150) feet to any other structure.

(15)

Swimming Pools. No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six (6) feet in height, such use may be located in any required side or rear yard but not closer than ten (10) feet to a side lot line adjacent to a street, subject to the provisions of Section 405.100(A)(2)(a)(5).

(16)

(Reserved)[1]

[1]

Editor's Note: Former Subsection (A)(1)(b)(16), trailers, was repealed 4-23-2015 by Ord. No. 852 § III.

(17)

Vacation Vehicle Parks.

All vacation vehicle parks shall be used exclusively for temporary parking only and no permanent mobile dwelling shall be permitted.

The Planning and Zoning Commission shall require improvements considered necessary with respect to the environment and existing City and State laws, with the City's ordinance regulating the establishment of manufactured home parks to be used as a guideline in approving or denying a proposed vacation vehicle park.

[Ord. No. 890, 8-25-2016]

(18)

Portable Storage Containers And Temporary Storage Units.

[Ord. No. 910, 4-27-2017]

Portable Storage Containers - Permit Required. Except for short-term storage of less than five (5) business days in a residential district, any owner or occupier of commercial or industrial property who causes or allows a portable storage container to be parked, placed, located or stored on a lot must obtain a temporary use permit pursuant to Section 400.050(A)(3)(f). Such permit shall include the portable storage container's serial/rental number, the name and address of lot owner/occupant, date of its placement on the lot, date that removal is required, and local telephone number of the provider of the portable storage container.

A portable storage container, located in a residential district, shall be parked, placed, or stored on a residential driveway. Such portable storage container may slightly encroach into the right-of-way provided that it does not limit the sight distance for motorists or pedestrians, block or inhibit use of the sidewalk, impede vehicular traffic or otherwise harm the health, safety and welfare of the neighborhood.

In the residential districts, a portable storage container shall only be moved, delivered or removed between the hours of 7:00 A.M. and 6:00 P.M.

Temporary Storage Units - Permit Required. Any owner or occupier of commercial or industrial property who causes or allows a temporary storage unit to be parked, placed, located or stored on a lot must obtain a temporary use permit pursuant to Section 400.050(A)(3)(f). If applicable, such permit shall include the temporary storage unit's serial/rental number, the name and address of lot owner/occupant, date of its placement on the lot, date that removal is required, and local telephone number of the provider of the storage unit. No more than one (1) temporary storage unit may be placed on a lot at a time unless otherwise approved by the Board upon Planning and Zoning Commission recommendation.

For the purpose of this Section, a temporary storage unit shall be deemed a structure.

Any residential, commercial, or industrial lot permitted to have a portable storage container parked, placed, or stored on such lot and any commercial or industrial lot permitted to have a temporary storage unit parked, placed, or stored on such lot must display the permit on the inside of a window or door of the primary building or attached to the portable storage container or temporary storage unit; such permit shall be visible from the right-of-way.

A portable storage container or storage unit located on a commercial lot shall not be stacked on top of another such container or unit. A temporary storage unit shall not exceed ten (10) feet in height and width, or forty (40) feet in length, when measured on the exterior.

A portable storage container or temporary storage unit shall not be used for living quarters.

(g)

A portable storage container or temporary storage unit shall not be used to store flammables, explosives, fire arms, or noxious chemicals.

(h)

No items, equipment, or materials may be stored outside of a portable storage container or temporary storage unit at any time.

A portable storage container or temporary storage unit shall not be externally illuminated or have any utilities connected to it.

(j)

A portable storage container or temporary storage unit shall not be used primarily for advertisement or as signage.

(k)

Portable storage containers or temporary storage units kept or caused to be parked, placed, or stored in violation of this Section shall be subject to permit revocation and/or immediate removal in addition to being a violation punishable pursuant to Section 100.220 of the Municipal Code of the City of Wright City. Failure to obtain a permit pursuant to this Section is a violation punishable pursuant to Section 100.220 of the Code. The City's costs of enforcement of this Section and/or the cost of bringing the premises or condition of real property into compliance, including the City's administrative costs of inspections and attorneys' fees, shall be a joint and several obligation of all liable persons.

(l)

In addition to the requirements of above, all portable storage containers or temporary storage units in commercial or industrial districts must also meet the following requirements:

A portable storage container or temporary storage unit shall be parked, placed, or stored on a hard surface. For the purpose of this Section, "hard surface" shall be defined as one surfaced with a minimum of three (3) inches of crushed stone or a hard-paved surface such as asphalt, concrete or brick.

A portable storage container or temporary storage unit shall not be parked, placed, or stored on the paved surface of any public or private street of the City or within the public rights-of-way.

A portable storage container or temporary storage unit shall only be moved, delivered or removed between the hours of 6:00 A.M. and 10:00 P.M.

(19)

Indoor Firing Ranges. Shall be constructed to current national shooting range design standards.

[Ord. No. 910, 4-27-2017]

Density And Appurtenant Requirements.

Height Limitations.

Accessory use structures secondary to principal use structures shall be limited to the principal use structure height.

No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except multi-family use [four (4) or more family units per building] which shall be limited to four (4) stories or fifty (50) feet in height.

Non-dwelling buildings and structures shall be limited to two and one-half (2 1/2) stories or thirty-five (35) feet in height except as stated otherwise in these regulations and as allowed by conditional use permits.

No building or structure, other than authorized utility towers and antennas, shall exceed four (4) stories or fifty (50) feet in height in any district.

Any permitted building, other than a dwelling or accessory building, may be built to a greater height than allowed in that district if the setback is increased by one (1) foot for every one (1) foot of additional height.

The height limitations contained in these regulations shall not apply to a parapet wall or ornamental cornice without windows extending above the height limit not more than five (5) feet, nor to church spires, belfries, cupolas, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, silos, bulkheads, other similar architectural features and necessary mechanical appurtenances usually extended above roof level.

Airport Zones. Any area designated an airport zone shall have such additional height restrictions as the Federal Aviation Administration requires, and permits for material changes in land use, structures and trees shall be necessary for use not in conflict with said restrictions, which, along with the special zones to which they apply, shall be defined in a separate ordinance and incorporated herein by reference.

Lot Dimensions, Lot Areas And Yard Requirements.

Wherever an existing lot of record has a width of sixty (60) feet or less, the side yard on each side of any building thereon may be reduced to not less than ten percent (10%) of the lot width but in no instances shall such yard be less than five (5) feet wide nor can two (2) adjoining lots have buildings closer than ten (10) feet across a common lot line.

In the event forty percent (40%) or more of the structures fronting one (1) side of a street, between two (2) intersecting streets or for a distance of at least five hundred (500) feet in either direction, have been set back from such street with greater or less than the required front yardage in that district, a dwelling may be hereafter erected so it approaches no closer to the street than the average setback of the existing structures, but in no case shall the front yard be reduced to less than fifteen (15) feet.

Even though its area is less than the minimum required by these regulations for a district, except in industrial districts, an existing lot of record may be used as a building site if all other requirements are met, provided no more than one (1) principal building is placed thereon.

Two (2) or more contiguous parcels held in one (1) ownership and each lacking adequate area and/or minimum dimensions to qualify for a permitted use in a district, but together would satisfy such requirements, may be combined for said use.

In the case of corner lots, no person owning or occupying a corner lot shall allow or cause to be erected or maintained any structure or plant material exceeding thirty-six (36) inches in height above the street pavement elevation within the sight distance triangle, which is defined as the triangular area formed by connecting three (3) points, the point at which the street lines intersect and two (2) additional points, each forty (40) feet from the point of the street line intersection and located on the street lines abutting the property. This prohibition shall not apply to overhanging tree limbs ten (10) feet or more above the street pavement elevation.

Figure 1 - Sight Distance Triangle

For any through lot or corner lot, both frontages shall comply with the front yard requirement.

The minimum lot width fronting a horizontally curved street shall be determined by measuring along a straight line defined by the points of intersection of the side property lines with the right-of-way line, shall be equal to or greater than the minimum setback plus ten (10) feet and shall be no less than thirty-five (35) feet.

(8)

The minimum front setback for a lot fronting a horizontally curved street shall be determined by measuring from a straight line defined by the points where the side property lines intersect with the right-of-way line.

(9)

On a corner or external lot, a structure may face either street.

(10)

For other than corner lot setbacks as required herein, property line setback requirements for structures shall not apply to the following:

Boundary walls and fences six (6) feet or less in height.

Utility towers authorized by conditional use permits.

Permitted informational and direction signs.

(11)

Where the side lot lines are not parallel, the minimum width dimension shall be calculated as the average of the width measured at the front lot line, said front width being at least thirty-five (35) feet, and the lot width, being at least fifty (50) feet, measured twenty-five (25) feet back from said front lot line.

(12)

Where a building wall is not parallel to a side or rear lot line, the required yard shall be determined by calculating the average distance of said wall from said lot line, provided the building extends no closer than five (5) feet to any rear or side lot line.

(13)

In calculating the percentage of lot coverage or required yards, the following structure features shall be excluded as coverage or yard infringements:

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five (5) feet.

Unenclosed surfaced walks and driveways.

Fences or trellises six (6) feet or less in height.

Retaining walls eighteen (18) inches or less in height.

Flue or fireplace chimneys or similar architectural features attached to the principal building but not extending beyond two (2) feet therefrom.

Bay windows extending not more than eighteen (18) inches from the principal building.

(g)

Cornices, canopies and eaves not extending more than four (4) feet.

(h)

Open fire escapes not projecting in a required side yard more than half (1/2) the width of said yard.

Solid floor balconies, enclosed outside stairways and fire escapes and unenclosed but covered patios not extending to within twelve (12) feet of the rear lot line.

Spacing requirement for medical marijuana uses. No medical marijuana use shall be located within one-thousand (1,000) feet of any then-existing elementary school, secondary school, child care facility, or church. As used in the previous sentence, "then-existing" shall mean any elementary school, secondary school, child care facility, or church with a building permit from the City to be constructed, or under construction, or completed and in use at the time the medical marijuana use applies for a zoning permit.[2]

[Ord. No. 968, 5-23-2019]

When measuring the spacing requirement, the following guidelines shall be followed:

In the case of a freestanding medical marijuana use facility, the distance between the facility and the elementary or secondary school, child care facility, or church shall be measured from the property line of the facility to the closest point of the property line of the elementary or secondary school, child care facility, or church.

In the case of a medical marijuana use facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the elementary or secondary school, child care facility, or church shall be measured from the property line of the elementary or secondary school, child care facility, or church to the facility's entrance or exit closest in proximity to the elementary or secondary school, child care facility, or church.

Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.

[2]

Editor’s Note: Former Subsection (A)(3), Parking And Loading, Off-Street, was repealed 4-23-2015 by § IV of Ord. No. 852.

Performance Standards.

Performance standards shall apply to all land uses and developments in all districts and are subject to all existing or future local, State and/or Federal laws.

Air, land and water quality.

Every use shall be operated so no odor, smoke, toxic gases and/or dirt, dust, fly ash or other particulate matter is emitted to violate the air quality standards and air pollution control regulations of the St. Louis metropolitan area or existing or future Federal, State or local laws pertaining to air, land and water pollution and must conform to any such law in addition to requirements contained herein.

Every use shall be operated so no dangerous amount of radioactive emissions occur to violate Federal, State or local regulations.

Drainage, Erosion And Slope. Any lot shall be properly graded for drainage to prevent excessive stormwater or other run-off from one (1) lot to another under separate ownership or onto any public right-of-way and maintained in good condition, free from weeds, trash and debris. Significant changes in the natural flow of water courses shall be prohibited. Where a lot slopes ten percent (10%) or more within fifty (50) feet of any proposed principal building wall, the following shall be provided for consideration before a building permit can be issued:

A site plan drawn to a scale of not less than two hundred (200) feet to one (1) inch with contour intervals every two (2) feet and indicating the location of all buildings and structures, their required minimum yard requirements and the lot's principal use;

What structural, mechanical and locational measures will be taken to prevent erosion and protect any building from hillside slumpage resulting from the development and use of the lot;

A stable angle of recline for the lot's soil properties;

Accessways, including for emergency vehicles;

Any information to indicate the development will not be detrimental to adjacent properties.

Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure and shall be imperceptible without instruments along any lot line.

Impact. Any site location shall have a compatible relationship to the environment, established street system and utilities capacities and services and shall pose no greater burden than could be considered reasonable as determined by the City Engineer.

Lighting Controls. Any light illuminating signs, parking areas, swimming pools or for any other purpose shall be arranged to direct the light away from residential properties or public rights-of-way.

Maintenance. Maintaining yards and other open spaces and lot areas shall be a continuing obligation of the owner(s) of a building, use or property as long as such exists.

Noise. Every use shall be operated so the sound pressure or noise level generated, measured in decibels, shall not exceed at any lot line the maximum decibel levels for the designated octave band within or adjacent to residential or other districts as set forth in the following:

Octave Band (cycles/sec.)	Residential	Other
0 to 75	72	79
75 to 150	67	74
150 to 300	59	66
300 to 600	52	59
600 to 1,200	46	53
1,200 to 2,400	40	47
2,400 to 4,800	34	41
above 4,800	32	39

Vibration. Every use shall be operated so the maximum ground vibration generated is not perceptible without instruments at any point on its lot lines.

Signs. All signs hereafter constructed, erected, painted or otherwise within the jurisdiction of these regulations shall comply with the following:

Governmental signs, including for traffic regulations intended for public information, direction, safety or control purposes shall be subject to the ANSI Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, latest edition, and no sign in any district shall conflict in any manner with public devices controlling public traffic. Any sign illustrated with colors to conflict with those of safety signs, particularly safety yellow, red and green, shall not be erected within one hundred (100) feet of any safety sign.

Temporary signs shall be limited to a sixty-day period, with one (1) thirty-day extension from the Zoning Enforcement Officer, additional time extensions being subject to Planning and Zoning Commission approval.

Advertising signs shall be located only on the premises advertised.

Identification and directional signs shall be limited to one (1) per each separate road frontage.

No sign may be located nearer than one thousand (1,000) feet to any designated scenic or historic area.

No sign may extend over or interfere with a public right-of-way.

All existing signs not complying with the terms herein shall be deemed non-conforming, subject to the specific regulations for such structures.

Any advertising signs for which the period has expired or for which the object, business, commodity, service or entertainment being advertised has been discontinued shall be removed within thirty (30) days of such discontinuance.

Temporary construction signs shall be limited to three (3) signs with a total square footage of sixty-four (64) square feet. Signs must be erected on same lot where the work is being done.

Transitional Areas. All lots or uses, including public utilities, adjacent to or transversing zoning district boundaries shall be subject to the following:

Lots. Where a district boundary line divides a lot of record at the time such line is adopted, the district in which the lot has frontage shall control for a distance no greater than fifty (50) feet across said line; in the case of a lot fronting in two (2) districts, the more restrictive district shall control; in the case of property split by the district limit, the more restrictive shall control.

Street. Where a residential district is bounded by a portion of a commercial district, that portion of any side street extending through such residential district into such business district shall not be used for any business purpose, except as herein set forth.

Business structures shall face and open upon streets within the said commercial district, except show-windows of such business structures may face said side street, and a commercial-use entrance may be placed at the corner of such intersecting business and residential streets.

Entrances from such residential streets may be made to upper stories of a commercial structure.

Uses.

Where a commercial or industrial use abuts a residential district, the non-residential use shall erect and maintain in good condition an opaque fence, wall or hedge five (5) to six (6) feet in height, with topographic features or landscaping allowable in lieu of fences or walls, subject to Planning and Zoning Commission approval, where such alternatives will achieve comparable effect.

No public or private garage for more than five (5) motor vehicles shall have an entrance or exit for same within fifty (50) feet of a residential district.

Yards, Front. Where the lots fronting a street within one (1) block are zoned partly residential and partly commercial or industrial, the front-yard depths of the non-residential lots shall equal the required front-yard depths of the said residential district for a distance of fifty (50) feet into the non-residential district.

Other. In cases where the division of a lot or use by a boundary line and the application of the provisions hereinabove fail to provide dimensions meeting the requirements of either district, or a lot faces or is adjacent to a permit from the Planning and Zoning Commission, as set forth in the Procedures Section of this Title (see Section 400.050). This provision gives the City the flexibility to individually consider whether the highest and best use of a lot is more nearly consistent with those of an adjacent zoning district and to permit said transitional area use subject to the following guidelines:

The planned use of the transitional area must be listed as a permitted use in said adjacent district and once approved cannot be changed without reapplication for a different use.

The planned use cannot be detrimental to any properties adjacent to the subject property.

Uses. When determining the status of a use within a particular zoning district, the Planning and Zoning Commission shall base its consideration on upholding the purpose, intent and requirements of this Chapter, supporting the intent and regulations of the subject district and assessing the desirability of said use therein. The method for obtaining a permit or determination for the following uses is set forth in the "Administration" Chapter of this Title (see Chapter 400).

Conditional. These uses are considered of value in the subject district but involve elements warranting analysis and judgment of their proper placement with the district; conditional use permit, required.

Exceptional Uses. Quarry and mining uses, to include bulk removal of gravel, topsoil or similar natural material not in connection with any building construction shall require safeguards for protecting adjoining property and the community and an exceptional use permit.

Non-conforming Uses. Any existing use, structure, lot or character of use, considered lawful prior to the effective date of these regulations but prohibited, regulated, restricted or determined incompatible under the provisions of this Chapter or subsequent amendments, shall be classified a non-conforming use, allowed to continue until removal or discontinuance but not encouraged to survive, subject to the following:

Existing non-conforming uses of any type or nature shall not be extended, enlarged, structurally altered or physically changed to increase or accommodate their non-conformity or moved in whole or in part within their subject district but may be altered to decrease such non-conformity [see Subsection (A)(7)(c)(5) hereinbelow] and may receive ordinary repairs.

Incomplete non-conforming structures under construction or for which a building permit has been issued may be completed according to approved plans only and within the time limit for non-conformities.

Restoration. A non-conforming use damaged or destroyed by any means to the extent of fifty percent (50%) or more of its existing value shall not be restored or replaced unless to full conformance with these regulations, unless the structure is registered as historic with a State or national agency. If the extent of damage or destruction is less than fifty percent (50%), replacement or restoration of a non-conforming use must occur within the time limit for non-conformities.

Time Limit. Any non-conforming use discontinued or rendered unusable for a period of six (6) months shall thereafter conform to the regulations of the zoning district in which it is located.

Certificate Of Non-conformity. The Planning and Zoning Commission may find a proposed non-conforming use is equally or more appropriate to the subject district than an existing non-conforming use and shall issue a certificate of non-conformity in accordance with the "Administration" Chapter of this Title (see Chapter 400).

Temporary Uses. Any use listed or intended as temporary may be located in any district upon issuance of a permit specifying time limit from the Zoning Enforcement Officer, to include the following:

Temporary Agricultural. This use is limited to commercial and industrial districts only and would allow crop farming on a lot being prepared or intended for future development.

Temporary Asphalt Or Concrete Batching Plants. These uses are permitted in any district when part of a local construction project.

Uses Not Listed. When a use is not specifically listed under the headings for Permitted Land Uses and Developments in the respective zoning district Chapters or in the Table of Uses, such use is expressly prohibited. The Planning and Zoning Commission shall determine whether a proposed unlisted use is similar to and compatible with the uses listed in a particular zoning district, and an amendment procedure is required to establish a definition, district classifications and appurtenant requirements before such use is authorized.

Utilities, Line Protection. No building or addition thereto shall be erected over or across any public sewer, water or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the City and by the public utility, if any, whose lines are involved.

Section 405.110 Off-Street Parking And Loading Requirements.

[R.O. 1992 § 405.110; Ord. No. 852 § I, 4-23-2015]

Applicability. For every use, activity or structure permitted by this Chapter and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing, parking, circulation, unloading and loading of motor vehicles that may be expected to transport its occupants, whether as patrons, residents, customers, employees, guests or otherwise, to an establishment, activity or place of residence at any time under normal conditions for any purpose. When a use is expanded, off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion in combination with the previously existing uses, structure or activity. Exception: The forgoing notwithstanding, temporary seasonal uses such as fireworks stands, Christmas tree sales, etc., of a duration of no more than thirty (30) consecutive days in a calendar year may have gravel parking and are exempt from landscaping requirements.

Site Plan Required. Every building permit application for a new, enlarged or remodeled building, structure or use shall include therewith a parking site and landscape plan with the exception of detached single-family residences. In addition, such parking site and landscape plan requirements shall also apply to new, enlarged or remodeled parking facilities serving existing buildings, structures or uses. Application for approval of such a plan shall include for review and approval by the Planning and Zoning Commission and Board of Aldermen all existing parking facilities currently serving said buildings, structures and uses for conformity with these regulations. Site plan review by the Planning and Zoning Commission and Board of Aldermen is not required for the addition of ten (10) or fewer parking spaces. An administrative review is required by the Public Works Department.

Parking Plan Requirements. In addition to the requirements of Chapter 410, Subdivision and Land Development, the plan shall also specifically include the following:

Delineation of individual parking and loading spaces by adequate striping.

Circulation area necessary to serve spaces.

Access to streets and property to be served.

Driveway and traffic aisle width, location of all curbs and curbing materials.

Grading, drainage, surfacing and subgrading details.

Delineation of obstacles to parking and circulation in finished parking area.

Specification as to signs and bumper guards.

Dimensions and material of required landscaping and screening. [See Subsection (D) for landscaping requirements for parking lots.]

Lighting and other pertinent details.

Critical dimensions indicating setback and parking lot design layout.

Subsurface public utilities to be covered.

Design Requirements.

Surface Material. Areas used for standing, parking, storage and maneuvering of shipping containers, vehicles, accessory trailers, recreational vehicles, portable storage containers (residential districts), equipment or product inventory and materials, including access points to public or private streets, shall have Portland concrete or asphaltic concrete surfaces constructed and maintained adequately for all-weather use and be so drained as to avoid flow of water across sidewalks. All driveways and access points to public or private streets shall be paved. Use of permeable pavement as a surface material is permitted subject to site plan review and approval, with soil type and base preparations as reviewed and approved by the City.

[Ord. No. 910, 4-27-2017]

Exceptions. Existing residential gravel driveways may continue to be used, so long as they are legally installed and properly maintained. Residential driveways that are directly connected to private gravel roads may be gravel. A conditional use permit may be issued to allow heavy steel track equipment storage on gravel. Biodegradable product inventory and materials are not required to be placed on a paved hard surface for storage in all industrial districts.

Commercial And Industrial. Existing gravel parking lots that are legally installed and properly maintained may continue to be used until such time as there is a change in occupancy, by any means, to a cumulative extent of more than fifty percent (50%) to the square foot area within the footprint of the building or structure, or a change of ownership for the entire structure, or any portion of the structure. At that time it will be required to have a minimum parking surface of eight (8) inches of rock base and three (3) inches of asphalt, or four (4) inches of concrete on a prepared subgrade will be required.

Access To Parking Areas. All commercial and industrial zoned off-street parking spaces necessitating backing into a public road are prohibited. Off-street parking spaces necessitating backing into a public road upon residential collector streets are prohibited and shall be designed to utilize rear entry or side entry garages.

Access Near Street Corners. No entrance or exit for any commercial or industrial off-street parking area with over four (4) parking spaces, nor any loading berth, shall be located within one hundred fifty (150) feet of the intersection of any two (2) street right-of-way lines. Residential driveways located on corner lots shall be placed adjacent to the interior or side property lines most distant from the street corner.

Drainage. All off-street parking areas shall be drained so as to prevent drainage to abutting properties. The manner of site drainage proposed shall be subject to review and approval by the Director of Public Works.

Lighting. The location of light standards shall be approved by the Planning and Zoning Commission on a site development plan. Any building-mounted and pole lighting fixtures used to illuminate any off-street parking area shall be so arranged and shielded to reflect the light away from any adjoining residential lot, institutional premise or adjacent streets. All new lighting fixtures' source shall be uniform within a development.

Location Of Parking. Unless otherwise provided by specific provisions of this Chapter, all required parking spaces may be located in a required front yard, side yard, or rear yard area. All commercial and industrial zoned areas require that a ten-foot setback is maintained from any property line, under separate ownership and/or a lease line, subject to site plan approval. [See Subsection (D), Screening And Landscaping.)

Exception. Where the proposed parking area will be located adjacent to a similarly zoned property and where internal access will be provided between the two (2) properties through the recording of appropriate cross-access easements, the ten-foot setback may be shared between two (2) adjacent properties subject to site plan approval, maintaining compliance with Section 405.110(D)(11) requirements.

Striping Required. Open parking spaces for multiple-family dwellings [containing three (3) or more dwelling units] and non-residential uses shall be delineated by pavement striping and must meet minimal parking stall sizes as described in Subsection (C)(8) below.

Minimum Parking Space Dimensions.

If ninety-degree (90°) parking space:

Stall depth: nineteen (19) feet zero (0) inches.

Stall width: nine (9) feet zero (0) inches.

Aisle width: twenty-five (25) feet zero (0) inches.

If sixty-degree (60°) parking space:

Stall depth: nineteen (19) feet zero (0) inches.

Stall width: nine (9) feet zero (0) inches.

Aisle width: eighteen (18) feet six (6) inches.

If forty-five-degree (45°) parking space:

Stall depth: nineteen (19) feet zero (0) inches.

Stall width: nine (9) feet zero (0) inches.

Aisle width: sixteen (16) feet zero (0) inches.

If thirty-degree (30°) parking space.

Stall depth: nineteen (19) feet zero (0) inches.

Stall width: nine (9) feet zero (0) inches.

Aisle width: sixteen (16) feet zero (0) inches.

If parallel parking space:

Stall depth: eight (8) feet zero (0) inches.

Curb length: twenty-three (23) feet zero (0) inches.

Aisle width: sixteen (16) feet zero (0) inches, or if adjacent to angle parking, use largest width.

All commercial and industrial zoned off-street parking areas shall be improved with a four-inch thick concrete surface or three (3) inches of asphaltic concrete on a compacted stone base. A concrete pad shall be provided for trash collection areas within the enclosure and fronting the service access to the enclosure, subject to site plan approval.

All residential zoned off-street parking areas shall be improved with a four-inch thick concrete surface or three (3) inches of asphaltic concrete on a compacted stone base.

In all zoning districts that require screening of exterior solid waste containers, such screening, if not in compliance with district regulations, shall be accomplished with all new occupancies and changes in ownership.

12.

Maximum Width Access From Street (At Throat). No access point from a street shall have a throat width larger than forty (40) feet. Larger access widths may be recommended for approval by the Planning and Zoning Commission and approved by the Board of Aldermen, subject to site plan review and approval.

Screening And Landscaping — Commercial, Industrial And Public Facility/Assembly Properties. All parking and loading areas shall be properly screened and landscaped as hereinafter set forth. It is the purpose and intent of this Section to require adequate protection for contiguous property against undesirable effects from the creation and operation of parking or loading areas; and to protect and preserve the appearance and character of surrounding neighborhoods and the City with aesthetic screening and landscaping; to provide greenspace to visually soften paved areas and buildings; and to provide shade, air purification, including noise, glare and heat abatement. Exception: The forgoing notwithstanding, temporary seasonal uses such as fireworks stands, Christmas tree sales, etc., of a duration of no more than thirty (30) consecutive days in a calendar year are exempt from landscaping requirements contained herein.

All landscaping and screening requirements shall be the responsibility of the property owner or developer to install and maintain. All landscaping and screening shall be located on the owner's or developer's property.

Landscaping shall include, to the extent necessary to further the intent of this Section, shrubs, bushes, hedges, trees, grasses, seasonal plantings, ground cover plantings, decorative walls or fencing as set forth below.

In all commercial districts, the frontage along the entire public or private street shall be landscaped with shrub, bush and hedge plantings, so as to separate and screen any parking areas from adjacent streets. A minimum of one (1) shrub, bush or hedge shall be provided for every ten (10) feet of lot frontage or fraction thereof. Shrubs and bushes are not required to be planted ten (10) feet on center, but may be clustered to provide an enhanced landscaped appearance.

Uses with off-street parking or loading areas located adjacent to a residential district shall provide along the lot line a continuous solid fence, masonry wall, greenbelt or equivalent landscaped berm or hedge to prevent direct light from automobile headlights shining on adjacent residential units. The maximum height of any fence or wall shall not exceed six (6) feet. The fence or wall shall not exceed three and one-half (3 1/2) feet within fifteen (15) feet of the public right-of-way. The minimum height of any continuous landscape hedge shall be planted initially to twenty-four (24) inches and maintained to a maximum of three and one-half (3 1/2) feet in height.

In addition to any landscaped front, back or side yard areas required by this or any other Section, (except for all industrial districts, vehicle storage lots and multiple level parking structures) a minimum of ten (10) square feet of interior landscaped area shall be provided within the parking lot and adjacent to a proposed building(s) for each parking space when four (4) or more spaces are required subject to site plan approval. The landscaping shall be in one (1) or more areas so as to minimize and reduce the apparent size of parking areas to provide shade, minimize heat and glare, and to improve the community appearance. Interior landscaping shall be provided within raised, curbed parking lot islands. One (1) or more of the following alternatives shall be used for interior landscaping of parking lots:

A continuous or interrupted raised landscape strip or island consisting of shade trees, shrubs, bushes and ground cover landscaping with a minimum width of five (5) feet between rows of parking spaces.

Raised landscaped islands of no less than one hundred (100) square feet and not more than two hundred (200) square feet, with a minimum width of six (6) feet, to be located throughout the lot planted with shade trees, shrubs, bushes and ground cover landscaping.

Raised landscaped islands of no less than nine (9) feet in width and twenty (20) feet in length to be located at the end of or in between rows of parking spaces and to be planted with shade trees, shrubs and ground cover landscaping.

Raised diamond shaped islands, required every four (4) spaces along interior parking aisles.

All interior landscape planting areas shall be treated with sod, vegetative ground cover species, mulch, decorative rock, decorative stone or similar material beneath surrounding trees and shrubs.

Deciduous shade trees shall have a minimum caliper of two and one-half (2 1/2) inches in the trunk measured one (1) foot above the ground. Evergreen trees shall be a minimum of six (6) feet in height at planting. Evergreen trees used for interior landscaping shall be a minimum of three (3) feet in height. All trees shall be properly planted and staked.

Landscaping hedges or shrubs shall be planted initially eighteen (18) inches in height and maintained to a maximum of three and one-half (3 1/2) feet in height; however, no hedge, shrub, wall or berm shall exceed three (3) feet in height within ten (10) feet of any driveway opening.

The use of earth sculpting or berms as allowed by these regulations shall be designed to avoid erosion, drainage or maintenance problems.

All landscaping shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as initially approved. In order to present a healthy, neat and orderly appearance, landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other landscaping by utilizing a sprinkler system, hose bibs and/or such other method of providing water. In the event that landscaping approved by the City as part of site plan review should die and is not replaced by the property owner in a timely fashion, taking into consideration the season of the year, it shall be deemed a violation of this Chapter and subject to the penalties outlined in Section 420.010 of this Title.

Notwithstanding the requirements of Subsection (D)(6), a perimeter landscaped buffer strip shall be provided and maintained at a width of not less than ten (10) feet along all front, side and rear property lines. Said landscape strip shall be planted with sod or similar turf grass and shall contain trees and shrubs as required by this Section.

12.

All landscaped areas in parking areas or adjacent to parking or loading areas, or that can be encroached upon by a motor vehicle, shall be provided with a permanent six-inch vertical Portland cement concrete curb, as approved upon an approved site plan, except areas adjacent to and associated with approved stormwater facilities, constructed compliant with stormwater management criteria approved by the City Engineer via site improvement plans, to restrict the destruction of the landscaped areas by vehicles. Adequate scuppers and/or weep holes shall be provided through the curbing to permit drainage.

13.

All side and rear property lines (except industrial districts) shall contain deciduous shade tree(s) a maximum spacing of one hundred (100) feet as required by this Section. Deciduous shade tree(s) are not required to be planted one hundred (100) feet on center, but may be clustered to provide an enhanced landscape appearance.

14.

All landscaping areas shall remain as greenspace and shall not be utilized for vehicle parking or corrupted with any form of impervious paved surface and shall not be utilized for storage of vehicles or equipment or as a location for any accessory building.

15.

A landscape legend shall be included on all plans, providing quantity, size and type of landscaping applicable to these standards.

Administrative Requirements. Required off-street parking spaces stipulated in this Chapter may not overlap sidewalks or the street right-of-way. No person, firm, corporation or partnership shall drive through, park, or conduct any activity from a pickup truck rated more than one (1) ton, van, semi-tractor, or commercial vehicle upon any street, highway or roadway within a residential area except for local deliveries. "Delivery" shall mean the active loading or unloading of the vehicle or part of the same and shall not exceed two (2) hours. The parking of such vehicles upon any private or public parking lot in any residential area is expressly prohibited without the permission of the property owner or agent for said property owner. The driver of any semi-tractor and trailer is hereby prohibited from allowing any motor or motors which is a part of the semi-tractor or trailer from running while parked in any residential area regardless of location. Any Law Enforcement Officer or the Public Works Director of the City of Wright City may cause the removal of any vehicle or part thereof from any residential area where found in violation of the requirements of this Chapter. Any expense incurred by said removal shall be at the expense of the driver, operator or owner of the towed unit.

Determination Of Required Number Of Spaces.

Fractional Spaces. When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, the fraction of one-half (1/2) or less may be disregarded, and a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.

Floor Area. "Floor area," when used as a measurement for determining the number of parking spaces for office, merchandising or service uses, shall mean the gross floor area used or intended to be used for service to the public as patrons or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for non-public purposes such as storage, processing or packaging of merchandise, show windows, or restrooms or utilities, dressing, fitting or alteration rooms. Eighty percent (80%) of the floor area shall be used when no use is present and no development floor plan is prepared as a calculation method.

Beds. Cribs or bassinets shall not be counted as beds in determining the number of parking spaces based upon the number of beds.

Employees. Employees shall be estimated when used as a measurement for determining the number of parking spaces for a new or established expanding business.

Parking Exception For Churches. Off-street parking facilities required for churches may be reduced by fifty percent (50%) where churches are located in non-residential districts and within three hundred (300) feet of usable public or private off-street parking areas, and further provided that an agreement filed on record with the County Recorder is provided reflecting that the use of such accessory parking facilities by the church will be permitted by the property owner.

Parking For Multiple Use Buildings. The number of parking spaces required for land or buildings used for two (2) or more purposes shall be the sum of the requirements for the various uses computed in accordance with this Chapter. Parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use, except churches.

Use Of Required Parking Spaces. Required accessory off-street parking facilities provided for the commercial and industrial uses hereinafter listed [in Subsection (F)] shall be solely for the parking of motor vehicles in operating condition by patrons, occupants or employees of such uses and shall not be used for the storage of other vehicles, boats, motor homes, campers, manufactured homes or materials or for the parking of delivery trucks or tractor trailers used in conducting the business or use. In no case shall any parking spaces devoted to the principal use of a lot be leased, rented or sold for the purpose of use by any other person, firm, company, corporation or use other than those located upon the property, except as provided for in Subsection (E)(2) of this Section.

[Ord. No. 890, 8-25-2016]

Overnight Parking Of Motor Vehicles.

In residential zones, the overnight parking of motor vehicles shall be limited to passenger vehicles. The following vehicles are exempted from this above regulation:

School or church buses used for the transportation of personnel in conjunction with religious or school activities, if parked on school or church property.

One (1) commercial truck or van licensed as a passenger vehicle not in excess of eighteen thousand (18,000) pounds gross vehicle weight used by the occupant of the dwelling. Said vehicle shall be located on a Portland or asphalt concrete surface.

Emergency vehicles or public utility vehicles may be exempted also after written application and written approval of the Chief of Police, subject to approval by the Board of Aldermen.

"Overnight parking" shall mean any parking in excess of four (4) hours between the hours of 6:00 P.M. and 6:00 A.M.

Parking of camping and recreational equipment.

For the purposes of this regulation, camping and recreational equipment includes auxiliary trailers, motorized homes, pickup coaches, travel trailers and boats.

No camping and recreational equipment shall be parked on any street, alley, highway or other public place, with the exception of emergency or temporary stopping or parking, for not longer than twelve (12) hours.

Parking and storing of camping and recreational equipment on private residential property shall be permitted if the following conditions are met:

At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes. No utility connections shall be permitted.

The owner of camping and/or recreational equipment shall not park or store such equipment in such a manner as to create a dangerous or unsafe condition on the property.

Residential parking for utility trailers and/or recreational vehicles shall be limited to two (2) per single-family residence. Any utility trailer or recreational vehicle parked outside shall be located behind the residence or beside the residence if on a paved surface adjacent and parallel to the exterior wall of the residence and driveway. Any paved surface shall be no less than the width and length of the utility trailer or recreational vehicle. The size of any utility trailer or recreational vehicle shall be limited to a width no greater than eight (8) feet six (6) inches and a length no greater than thirty (30) feet, inclusive of any tongue.

No "derelict vehicles" or equipment no longer capable of the function intended shall be stored out-of-doors on residential premises in an inoperative or unregistered condition.

Number Of Entrances And Exits. The Planning and Zoning Commission shall approve and recommend to the Board of Aldermen the location and width of the entrances and exits from every parking lot. Access point(s) shall be established based upon review and approval of appropriate engineering traffic analysis data from a traffic engineer, and subject to substantial compliance with access management standards within the transportation master plan. With property located at the intersection of a major and minor road, the access to the parking area shall be limited to the major road. In the instance of the intersection of two (2) major roads, access to the parking area may be from either road. Additional access points may be permitted if deemed necessary by the Planning and Zoning Commission for the alleviation of traffic movement along the related street(s), upon review and approval of appropriate engineering traffic analysis data from a traffic engineer.

Shared Access Points/Cross Access Points. To minimize multiple points of access to public streets or traffic impact upon public streets and to provide interior traffic circulation, the Planning and Zoning Commission shall approve and recommend to the Board of Aldermen the location of shared access point to the public road network and the location and width of cross access drives through commercially or industrially zoned properties as alternative points of access.

Accessory Parking Lots. All required off-street parking or loading spaces shall be provided on the same parcel of land occupied by the use or building to which it is appurtenant; provided, however, that where there are, in the judgment of the Planning and Zoning Commission, practical difficulties in satisfying the requirement for parking space and/or if the public safety or convenience would be better served by another location, the Planning and Zoning Commission may recommend authorization of an alternate location for any portion of the required parking for a non-residential use which will adequately serve the public interest, subject to the following conditions:

Required accessory off-street parking facilities may be provided elsewhere than on the lot on which the principal use served is located, provided that the property occupied as parking is in the same possession either by deed, by easement, or by long-term lease which has a term equal to or exceeding the projected life of the facility occupied by the principal use, and further provided that the owner shall be bound by covenants filed on record in the office of the Warren County Recorder requiring the owners, heirs or assigns to maintain the required number of off-street parking spaces during the existence of such principal use.

Pedestrian access shall be available within a walking distance of not more than three hundred (300) feet measured from the nearest point of public access to the building to the nearest part of the accessory parking area.

Such separated parking space shall be usable without causing unreasonable traffic congestion, detrimental to any residential neighborhood or hazardous to pedestrians or vehicular traffic.

All accessory parking lots shall be located on property permitted by zoning.

Changes In Use. No off-street parking space required under this Chapter shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking.

Additions To Structures, Buildings Or Uses. Where an addition is made to an existing structure, building or use which does not comply with the parking requirements cited for such structure, building or use, the parking requirements supplied for the addition shall include those spaces necessary to bring the structure, building or use as a whole into conformance with the requirements of this Chapter.

12.

Existing Parking. No parking area or parking space which exists at the time this Section becomes effective (April 23, 2015) or which subsequent thereto is provided for the purpose of complying with the provisions of this Chapter shall thereafter be relinquished or reduced in any manner below the requirements established by this Chapter.

13.

Maintenance Of Parking Facilities. Any persons operating or owning a parking lot shall keep it free, as may be practical, of dust, loose particles, trash, debris and broken glass and shall promptly remove the snow and ice from the surface of the parking lot. Such persons shall also keep all adjacent sidewalks free from dirt, ice, sleet and snow and shall keep the sidewalks in a safe condition for use by pedestrians. All signs, markers, striping or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Likewise any walls, landscaping, including trees and shrubbery, as well as surfacing and curbing of the parking lot, shall be maintained in good condition throughout its use for parking purposes, and the Board of Aldermen shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair or rehabilitation is completed, including the replacement of any landscaping material which may die from time to time, or the failure of the landscape irrigation or surface drainage system within the parking area to be properly maintained.

14.

Shared Parking. Notwithstanding the parking requirements set out in Subsection (F) of this Section, the number of parking spaces may be reduced by up to twenty percent (20%), at the discretion of the Planning and Zoning Commission, if the developer demonstrates that the parking required is so located and designed such that shared parking within the proposed development meets the minimum requirements of this Section. A reduction in required parking shall not be permitted in those instances where the Planning and Zoning Commission determines that there is a potential for changes in use, over the short term, creating a change in the basic mixture of uses upon which the justification for shared parking is based. Adequate data shall be provided upon the site development plan relating to the request. For the purposes of this Section, the City may require a professionally prepared survey, conducted under replicable conditions, which yield a statistically significant result.

Schedule Of Required Parking Spaces.

Residential And Lodging Uses.

Dwellings.

Single-Family. Two (2) parking spaces per dwelling unit.

Two-Family. Two (2) parking spaces per dwelling unit.

Multi-Family. Two and one-half (2 1/2) parking spaces per dwelling unit.

Manufactured Home. Two (2) parking spaces per dwelling unit.

[Ord. No. 890, 8-25-2016]