City of Fenton, MO General Provisions

[R.O. 2009 § 400.030; Ord. No. 3890, 1-24-2019]

When discussing the intended meaning of the terminology used in this Zoning Code, the following rules shall be observed:

Words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise. Terms not defined in this Code shall have their standard English dictionary meanings.

Words denoting the masculine gender shall be deemed to include every person and all genders.

Words used in the present tense shall include the future tense.

Words used in the singular number shall include the multiple tense.

The term "shall" is always mandatory; the term "may" is permissive.

The words "abutting," "adjacent," and "contiguous" shall be synonymous.

All distances shall be measured to the nearest integral foot or inch.

When the term "day" is used in this Code, it shall mean calendar day unless specifically noted otherwise.

References to Sections shall be deemed to include all Subsections within that Section; but a reference to a particular Subsection designates only that Subsection.

10.

A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

Definitions. As used in this Zoning Code, the following terms shall have these prescribed meanings:

ACCESSORY (USE)

A use of a Building, Structure, or Lot which is subordinate and incidental to the Permitted Use or Use allowed by Special Use Permit in the Zoning District in which it is located, and customarily associated with the Permitted Use or Use allowed by Special Use Permit located on the same Lot as the Principal Building or Structure or Use.

Except any Building or Structure housing an Accessory Use is considered an integral part of the Principal Building or Structure when it has any part of a wall in common with the Principal Building or Structure or is under an extension of the main roof and designed as an integral part of the Principal Building or Structure.

ACCESSORY BUILDINGS AND STRUCTURES

Any Building or Structure, the use of which is incidental to, subordinate in size and purpose, and customarily in conjunction with the Principal Building or Structure or Use Permitted or allowed by Special Use Permit in the Zoning District in which it is located and is located on the same Lot as the Principal Building or Structure or Use.

Except if Attached to the Principal Building or Structure, such Building or Structure shall be considered as part of the Principal Building or Structure (and not Accessory) and shall comply with the minimum Setback requirements of the Zoning District in which the Principal Building or Structure is located.

ALLEY

A public thoroughfare which affords only a secondary means of access to abutting Lots.

ANIMAL HOSPITAL

An establishment designed to provide medical care to animals, and which may have the capability of providing on-site overnight care and boarding but does not include outdoor kennels or runs.

APPLICANT

Any property owner or other person, corporation, or other legal entity with the written consent of the property owner seeking approval under these regulations.

ART DEALER

An establishment engaged in the sale of works of art.

ARTISAN, CRAFTSMAN, AND PHOTOGRAPH STUDIO

The workshop or studio of an artist, craftsperson, sculptor, tattoo artist, or photographer, which workshop is primarily used for on-site production of unique custom goods through the use of hand tools or small-scale equipment, and only incidentally used, on an infrequent basis if at all, as an Accessory gallery or for incidental sales.

ASPHALT

A bituminous material (oil-based); usually refers to concrete made with sand, gravel, and a bituminous binder.

ATTACHED

As applied to Buildings and Structures, means having a common wall and/or a common roof.

AUTOMATED TELLER MACHINE (ATM FACILITY)

A mechanized consumer banking device operated by a Financial Institution for the convenience of its customers, whether outside or in an access-controlled facility. ATM Facilities located outside of a Building and not on the premise of a Financial Institution shall be considered a Principal Use.

AUTOMOBILE

Any motor vehicle not defined as a Commercial Motor Vehicle.

[Ord. No. 3945, 6-27-2019]

AUTOMOTIVE SALES AND/OR SERVICES

An establishment primarily engaged in automotive related sales or services. Terms associated with Automotive Sales and/or Services shall be defined as follows:

[Ord. No. 3945, 6-27-2019]

AUTOMOTIVE COLLISION SHOP — An establishment primarily engaged in the major repair of Automobiles, including the straightening of body parts, painting, welding, installation, or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts and short-term outdoor storage of Automobiles and until such repairs are performed, but excluding dismantling or salvage.

AUTOMOTIVE CONVENIENCE STORE — An establishment primarily engaged in gasoline, diesel fuel, and oil sales at retail (with no Automobile repair facilities) and the retail sale of a limited line of goods that generally includes tobacco products, milk, bread, soda, snacks, and similar household convenience goods for customers. Such establishment may include an Accessory automatic car wash.

AUTOMOTIVE CUSTOMIZING SHOP — An establishment that primarily provides indoor after-sales services for Automobiles (including the attendant retail sales of accessories for such Automobiles), such as installation, conversion, and modifications to the interior or exterior of Automobiles, and may include indoor automotive detailing or dent removal.

AUTOMOTIVE SALES, NEW — An establishment primarily engaged in the sale and/or lease of new Automobiles, including incidental outdoor display, parking, and indoor servicing of Automobiles available for sale or lease. Such a use also may include the sales of used Automobiles as a subordinate use.

AUTOMOTIVE SALES, USED — An establishment primarily engaged in the sale of used Automobiles, including incidental outdoor display, parking, and indoor servicing of such vehicles available for sale.

AUTOMOTIVE SERVICE STORE — An establishment primarily engaged in the sale and replacement or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors, tires, brakes, fuel pumps, or other automotive parts or accessories for Automobiles. An Automotive Service Store may perform minor repairs of Automobiles and may have short-term outdoor storage of such Automobiles until such repairs are performed but excluding dismantling or salvage.

AUTOMOTIVE WASHING FACILITY — An establishment engaged in washing and cleaning of Automobiles and related light equipment. Typical uses include self-service service and full-service car washes.

BANQUET FACILITY

An establishment available for lease by private parties to accommodate functions, including, but not limited to, banquets, weddings, anniversaries, and similar celebrations or events, including Accessory facilities thereto. Banquet Facilities may serve alcohol and have Outdoor Dining as an Accessory Use.

BED-AND-BREAKFAST INN

An establishment operated in a Residential Dwelling or portion thereof, consisting of between one (1) and twelve (12) guest rooms, which provides temporary accommodations to overnight guests for a fee, and which is occupied by the operator of such establishment.

BOARD

The City of Fenton Board of Aldermen, unless specifically noted as the City of Fenton Board of Adjustment.

BUFFER AREA

An area of land undeveloped (except for landscaping, fences, and/or open space) used to protect a use situated on one (1) Lot from the deleterious effects of a use on an abutting Lot.

BUILDING

Any covered and enclosed Structure permanently affixed to land and typically designed or used to shelter persons, chattels, or property.

BUILDING CODE

The Building Codes adopted by the City (see Title V).

BUILDING HEIGHT

The vertical distance measured from the average grade at the Front Elevation of a Building to the highest point of the coping of a flat roof or to the deck line of mansard roof. Also means the height level between eaves and ridge for gable, hip, or gambrel roofs. Chimneys, towers, cooling towers, and similar projections shall not be included in calculating Building Heights.

BULK REQUIREMENTS

Any one (1) or any combination of the following structural or Lot design characteristics:

Size or height of a Structure;

Location of exterior walls at all levels in relation to Lot Lines, Streets, or other Structures;

Lot Area; and

Yards or Setbacks.

BUSINESS SERVICE SHOP

Shops primarily engaged in providing or rendering services to business establishments such as employment service, mailing or copy and printing shops, shipping stores, and Sign shops.

CARPORT

A roofed Structure providing space for the off-street parking or storage of motor vehicles and enclosed on not more than three (3) sides.

CASH-FOR-GOLD OPERATION

An establishment that engages in the retail purchase and resale of precious metals.

CHILD CARE

The care and supervision of another's child for less than twenty-four (24) hours a day.

CHURCH

A church, synagogue, temple, mosque, or other facility that has a Principal Use of religious worship of any denomination.

CITY

The City of Fenton.

CLUB AND CIVIC LODGE

An organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or other common goals, interests, or activities characterized by membership qualifications, dues, or regular meetings, excluding clubs operated for profit and/or Churches.

COMMERCIAL MOTOR VEHICLE

Any motor vehicle or trailer which is designed, maintained, or used primarily for the transportation of property or which is used primarily for the transportation of passengers for hire, including, but not limited to, tow trucks, dump trucks, box trucks, refuse or garbage trucks, buses, semi-trailers, or truck-tractors or any motor vehicle or trailer having a gross vehicle weight rating (GVWR) in excess of fourteen thousand (14,000) pounds.

[Ord. No. 3945, 6-27-2019]

COMMERCIAL MOTOR VEHICLE DEALER

An establishment engaged in the business of buying, selling, exchanging, or offering to negotiate, negotiating, or advertising the sale of a Commercial Motor Vehicles, including the outdoor display of vehicles, distribution of parts, and indoor service.

COMMERCIAL MOTOR VEHICLE REPAIR

An establishment primarily engaged in the indoor repair or customization of Commercial Motor Vehicles, including the straightening of body parts, painting, welding, installation, or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts and short-term outdoor storage of Commercial Motor Vehicles until such repairs are performed, but excluding dismantling or salvage.

[Ord. No. 3945, 6-27-2019]

COMMISSION

The Planning and Zoning Commission of the City.

COMMUNITY CENTER

A facility owned by a public or not-for-profit entity that is designed for indoor and outdoor group activities, including meeting or recreational rooms, pools, ballfields, and/or playgrounds located on the same Lot.

COMPREHENSIVE DEVELOPMENT PLAN

A map and accompanying text adopted by the Commission which addresses future needs and the specific future uses of land within the City of Fenton.

[Ord. No. 3948, 6-27-2019]

CONSTRUCTION EQUIPMENT DEALER

An establishment primarily engaged in the sale and/or rental of construction equipment, power systems, and parts, and the outdoor display and indoor service of such equipment; which may include a truck and trailer rental facility affiliated with and subordinate to the Construction Equipment Dealer on the same property.

CONVENTION CENTER

A facility used for business or professional conferences and seminars, often associated with a Hotel.

DAY-CARE FACILITY

An establishment providing Child Care for more than four (4) children during the daytime. "Day-Care Facility" does not include Child Care as an Accessory Use.

DECK

A flat-floored platform not set into but raised above the ground or finished grade at least twelve (12) inches, serving as a floor, which is usually, but not necessarily, made of treated and untreated woods and polyvinyl boards.

DETACHED

As applied to Buildings or Structures, means not Attached.

DETENTION/RETENTION AREA

A drainage facility consisting of a wet pond or lake designated to accept additional stormwater and release it gradually at no greater rate than the predevelopment flow rate (or other approved release rate) to prevent flooding of adjacent land and reduce stream erosion.

DIRECTOR

The Community Development Director, or in the absence of the Director, the City Planner or his/her delegated representative.

[Ord. No. 3948, 6-27-2019]

DISTILLERY

An establishment that produces alcoholic beverages on-site and generally includes an Accessory tasting room. A tasting room allows customers to taste samples of products manufactured on-site and purchase related sales items.

DISTRICT (ZONING)

A portion of the land within the City limits wherein certain uniform requirements or various combinations thereof apply to Buildings, Structures, Lots, and uses of the same under the terms of this Code.

DISTRICT, NON-RESIDENTIAL

All Zoning Districts not deemed to be a Residential District.

DISTRICT, RESIDENTIAL

The "R-1," "R-2," "R-3," and "R-4" Residential Districts of the City; see Chapter 415, Article III.

DRIVE AISLE

A vehicular traffic way within an Off-Street Parking Area. Also, is used as a means of ingress/egress from Off-Street Parking Spaces.

DRIVE-THROUGH SERVICE

An Accessory Use where patrons are served through a window or other device while remaining in their motor vehicles.

DRIVEWAY

A minor way commonly providing vehicular access to an Off-Street Parking Area or Space.

DWELLING (RESIDENTIAL)

Any Building or portion thereof used exclusively for human habitations, except Hotels, Nursing Homes, or mobile homes. The following words or terms associated with Dwelling shall have the following meanings:

APARTMENT — A room or suite of rooms in a Building intended or designed for use as a single Dwelling Unit, provided with separate cooking and sanitary facilities.

CONDOMINIUM — A Dwelling Unit in a Multi-Family Dwelling Building in which a person has both separate ownership of a Dwelling Unit and a common interest, along with the Condominium's other owners, in the common areas.

LOFT — A Dwelling located above the first floor of a Non-Residential Use such as a store or office.

DWELLING, MULTIPLE-FAMILY — One (1) or more Buildings containing a minimum of three (3) or more Dwelling Units per Building.

DWELLING, SINGLE-FAMILY — A Detached Building containing one (1) Dwelling Unit, provided, however, notwithstanding any other provisions of this Code to the contrary, for the purposes of this Code, a Group Home and Foster Home shall be included in the definition of a Single-Family Dwelling.

DWELLING, SINGLE-FAMILY ATTACHED — Two (2) Single-Family Dwellings sharing common wall areas, each Dwelling having its own Lot.

DWELLING, TWO-FAMILY — A Building designed for or occupied exclusively by two (2) families living independently of each other and being on a single Lot.

DWELLING UNIT (RESIDENTIAL)

One (1) room or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied, or intended for occupancy as separate quarters for the exclusive use of a single housekeeping unit for living, cooking, and sanitary purposes, located in a Single-Family, Two-Family, or Multi-Family Dwelling or Building with mixed uses.

EDUCATIONAL FACILITY

A facility that provides for the education and/or training of individuals or groups. Terms associated with an Educational Facility shall be defined as follows:

ACADEMIC SCHOOL — Any private or publicly owned and operated Institution providing academic instruction for students from preschool up to and including 12th grade.

COLLEGES AND UNIVERSITIES — Any private or publicly owned and operated Institution of higher education, not including vocational and technical schools.

VOCATIONAL AND TECHNICAL SCHOOL — A facility that focuses on skills training for particular jobs or career fields, rather than on academics in the liberal arts. Programs at these schools typically last one (1) to two (2) years full-time, although students may attend part-time, and students may obtain diplomas, certificates, or associate degrees, depending on the length of the program.

TUTORING AND TEST PREPARATION CENTER — A private facility that focuses on teaching academic skills.

ELECTRIC VEHICLE CHARGING STATION

Equipment that connects an electric vehicle to a source of electricity.

ELEVATION

The external face of the Principal Building or Structure on a Lot.

ELEVATION LINE, FRONT

A line that follows the contours of the Elevation of the Principal Building facing the Front Lot Line and that extends out from the corners of that Elevation on a line generally parallel to the Front Lot Line to the Lot Lines intersecting the applicable Front Lot Line.

ELEVATION LINE, REAR

A line that follows the contours of the Elevation of the Principal Building facing the Rear Lot Line and that extends out from the corners of that Elevation on a line generally parallel to the Front Lot Line to the Lot Lines that intersect (or form a vertex at) the Rear Lot Line.

ELEVATION, FRONT

The Elevation of a Building that is architecturally designed and constructed as the front Facade of a Building as determined by the Director.

ELEVATION, REAR

The Elevation of a Building that is most closely opposite of the Front Elevation.

EMERGENCY SERVICE FACILITY

A facility for public organizations/entities that provide public safety services by addressing different emergencies, including police, fire, and ambulance.

ENTERTAINMENT FACILITY OR THEATER

A Building or part of a Building devoted to showing motion pictures or dramatic, musical, or live performances. For the purposes of this Code, Adult Theater, Adult Arcade, and Adult Cabaret as defined in Section 430.740, shall not be included in the definition of Entertainment Facility or Theater. Entertainment Facilities or Theaters may serve alcoholic beverages with at least fifty percent (50%) of the gross income derived from the sale of prepared meals or food consumed on the Property.

FACADE

An exterior wall(s) that is perpendicular to the horizontal view between the grade and the roof structure.

FAMILY

One (1) or more persons who are related by blood, marriage, or adoption (including foster care) living together and occupying a Dwelling Unit, or a group of not more than three (3) persons living together on a non-profit, cost-share basis.

FARMERS MARKET

An establishment where local farmers sell fruits and vegetables and often meat, cheese, and bakery products directly to customers. A Farmers Market may be indoors and/or outdoors and typically consisting of booths, tables, or stands for the sale of products.

FARMING

The use of a Lot for the production, keeping, or maintenance, for sale or personal use, of plants and animals, including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; trees and forest products; fruits of all kinds; vegetables; Nursery; floral, ornamental, and greenhouse products; and Structures necessary for processing, treating, maintaining, or storing of same; but excluding feed lots, stockyards, food canning plants, and animal slaughterhouses and Buildings used for the sale of products on-site. A Farming use may or may not include an Accessory Single-Family Dwelling.

FENCING

A Structure, partition, or wall functioning as a boundary or barrier located between a Lot and Street or Alley or between Lots or portions thereof.

FENCING, BLIND

Fencing which is used to block or shield the visibility from a Street or Alley and/or adjacent property.

FINANCIAL INSTITUTION

A state or federally chartered bank, savings association, credit union, or industrial land company which provides for the custody, loan, exchange, or issue of money, extension of credit, or facilitating the transmission of funds, which may include Accessory Drive-Through Service on the same Lot but does not include Pawnshops and Small Loan Businesses.

FITNESS INSTRUCTION STUDIO

An establishment offering instruction, including, but not limited to, dance, ballet, yoga, martial arts, personal training, and gymnastics.

FLOOR AREA

The area of a floor as measured from the inside face of the exterior wall or the center of the wall dividing tenants in a multi-tenant Building; excluding bathrooms and corridors for public and common usage, utility closets, stairwells, and elevators.

[Ord. No. 4034, 5-28-2020]

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the floors of a Building measured from the exterior walls or from the center of the common walls of Attached Buildings. Gross Floor Area includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment, and enclosed Porches.

FLOOR AREA, PRIMARY

The total horizontal area of the first floor of the Building as measures from the exterior walls.

FOSTER HOME

A private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage, or adoption.

FRONTAGE

The linear distance which the Lot abuts a Street and is measured at the Front Lot Line.

FUNERAL HOME

A Building used for the preparation of the deceased for burial or cremation, for the display of the deceased, and/or for ceremonies or service related thereto, including cremation and the storage of caskets, funeral urns, funeral vehicles, and other funeral supplies.

GARAGE (PRIVATE)

An enclosed space for the storage of one (1) or more motor vehicles, not including any public, for-profit motor vehicle storage or service.

GENERAL SERVICE CONTRACTOR

A person whose principal business involves specialized residential or non-residential construction, repair, improvement, or service of real property. A General Service Contractor may display and store products for sale indoors.

GOVERNMENT ADMINISTRATIVE BUILDING

A Building in which government affairs, predominantly administrative, professional, clerical, or other services, are performed and which is designed to serve patrons at the site. Typical uses include, police sub-stations, United States post offices, and City Hall.

GROCERY STORE, CONVENIENCE

An establishment that:

Offers a diverse variety of unrelated, non-complementary food and non-food commodities, such as beverages, dairy, dry goods, fresh produce, and other perishable items, frozen foods, household products, and paper goods;

May provide beer, wine, and/or liquor sales for consumption off-site;

May prepare minor amounts of food on site for immediate consumption;

Markets the majority of its merchandise at retail prices;

May not have an Accessory Restaurant Use; and

May not exceed five thousand (5,000) square feet.

GROCERY STORE, GENERAL

An establishment that:

May provide beer, wine, and/or liquor sales for consumption off-site;

May prepare minor amounts of food on site for immediate consumption;

Markets the majority of its merchandise at retail prices; and

May have an Accessory Restaurant and/or florist use.

GROUP HOME

A Single-Family Dwelling 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 person.

HEALING ARTS ESTABLISHMENT

An establishment providing health treatments or therapy generally not performed by a medical doctor or physician, or in a Medical Office or Facility, such as massage, acupuncture, aromatherapy, or homeopathy.

HEALTH CLUB

An establishment that is open to members and guests and that provides facilities for at least two (2) of the following: aerobic exercises, running and jogging, exercise equipment, fitness classes, game courts, and swimming facilities and that also includes amenities such as saunas, showers, and lockers.

HEARING, PUBLIC

A meeting announced and advertised in advance that is open to the public and at which the public is given an opportunity to speak and participate.

HIGHWAY

A roadway solely devoted to vehicular traffic, with no parallel walks, crossed by totally grade-separated Intersections at wide intervals, having no Frontage access, and customarily associated with higher speed limits.[1]

HOTEL

An establishment that:

[Ord. No. 3946, 6-27-2019]

Offers temporary lodging in rooms, for thirty (30) consecutive days or less in a calendar year, and charges guests on a per-night basis;

May include restaurants, meeting, multi-function, or banquet rooms, and other Accessory Uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the Principal Building;

May include one (1) manager's quarters for the on-duty manager adjacent to the lobby area; which may include a kitchen or cooking facility but may not exceed the area of a typical guest room within the Hotel or be utilized as a temporary or permanent residence; and

Does not provide a kitchen or cooking facilities within the rooms.

HOTEL, EXTENDED-STAY

An establishment that:

[Ord. No. 3946, 6-27-2019]

Offers temporary lodging in rooms which are advertised, designed, intended, or routinely utilized for weekly or monthly occupancy, and typically charges guests on a weekly or monthly basis;

Provides kitchen or cooking facilities for the preparation of food by guests in at least thirty percent (30%) of the rooms or units.

IMPROVEMENT PLANS

Plans indicating proposed grading, sanitary and storm sewer, water mains, pavements, curbs and gutters, sidewalks, Streets, Signs, lights, trees, and other appropriate installations required to render land suitable for the use proposed.

INDUSTRIAL, HEAVY

A use engaged in the basic processing, fabrication, and manufacturing of materials or products predominantly from extracted or raw materials, or storage and/or use of heavy machinery and/or construction vehicles/equipment. Heavy Industrial may not include: facilities producing explosives or flammable gases or liquids, facilities for animal slaughtering, tanning, meat packing, or rendering, sulphur plants, rubber reclamation plants or cement plants, steel or any other metal mills, foundry or smelters, and those general uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, or noise.

INDUSTRIAL, LIGHT

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

INSTITUTION

An organization established for a religious, educational, professional, or social purpose.

INTERSECTION

The point at which two (2) or more Streets meet.

LIQUOR STORE

An establishment engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, and liquor for consumption off site, with sampling permitted on-site with an approved license.

LOADING SPACE, OFF-STREET

An Off-Street Parking Space used for the loading and unloading of goods from a motor vehicle in connection with the use of the Lot on which such space is located.

LOT

A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit. The derivations of a Lot shall maintain the following definitions:

LOT AREA — The area of a horizontal plane bounded by the Front, Side, and/or Rear Lot Lines.
LOT, CORNER — A Lot, or portion thereof, situated at the Intersection, having an angle of Intersection of not more than one hundred thirty-five degrees (135°).
LOT DEPTH — The average distances between the Front and Rear Lot Lines.
LOT, FLAG — A Lot located in a Residential District or used for residential purposes with two (2) discernible portions described as follows:
1.	Access Portion. That portion of the Lot having Frontage, with the Frontage being sufficient in width for a private drive to serve the Building Site Portion.
2.	Building Site Portion. That portion of the Lot not fronting on or abutting a Street but connected to a Street by the access portion of the Lot.
LOT, INTERIOR — Any Lot other than a Through or Corner Lot.
LOT, THROUGH — A Lot other than a Corner Lot which has a Street on two (2) opposite sides of the Lot (also known as a "double-Frontage" Lot).
LOT WIDTH — The horizontal distance between the Lot Lines perpendicular to the Front Lot Line, measured along the required Front Setback.

Types of Lots

LOT LINE

A line dividing one (1) Lot from another or from a Street. The derivations or modifications of a Lot Line shall maintain the following definitions:

LOT LINE, FRONT — The line separating the Lot from the Street and/or access easement which it fronts.

LOT LINE, REAR — The line or lines that are most closely parallel to the Front Lot Line. On a Corner Lot in Residential Districts, one (1) Side Lot Line may be established in lieu of a rear Lot Line; provided that, in no case may the Rear Lot Line that is mostly parallel with the Rear Elevation of the Principal Building or Structure be established as a Side Lot Line in lieu of the Rear Lot Line. On Through Lots in the Residential Districts, one (1) Rear Lot Line may be established in lieu of a Front Lot Line; provided that the Rear Lot Line established in lieu of a Front Lot Line is the line most parallel with the Rear Elevation of the Principal Building or Structure.

LOT LINE, SIDE — Any Lot Line that intersects with the Front Lot Line and is not a Front Lot Line or Rear Lot Line. On an Interior Lot that is triangular in shape, the vertex of the Side Lot Lines is considered to be a Rear Lot Line parallel with the Rear Elevation of the Principal Building or Structure.

Types of Lot Lines

LOT OF RECORD

A Lot shown upon a Recorded Plat or upon a Plat which is attached to or to which reference is made on a deed recorded in the Recorder of Deeds.

MEDICAL FACILITY

A facility that provides medical and allied health services to an individual by physicians and other health care professionals licensed by a State-sanctioned Board overseeing the provision of medically oriented outpatient services. Medical Facilities include laboratories, diagnostic centers, and outpatient treatment facilities such as urgent care clinics.

MEDICAL OFFICE

A Building with one (1) or more physicians, dentists, chiropractors, optometrists, or other health practitioners providing medical services in a specific area of health care, organized as a single business entity, and lawfully established for medical consultation to persons on an outpatient basis. This term includes, but is not limited to, mental health care, addiction counseling, chiropractic, and optical services; and physical therapy offices, clinics, and facilities.

MOTEL

See HOTEL.

MUSEUM

An establishment devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.

NON-CONFORMING USE OR STRUCTURE

A Building, Structure, or use of land existing at the time of enactment of this Code and which does not conform to the regulations of the Zoning District in which it is situated.

NURSERY

An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown, propagated, and may be sold on-site.

NURSING HOME

Any Property, other than a hospital or residential substance abuse treatment center, which provides twenty-four-hour personal and health care accommodation and board to individuals under the daily supervision of a licensed nurse and the supervision of a licensed physician, including "Residential Care Facilities I and II," and "Intermediate Care Facility" or a "Skilled Nursing Facility" as defined by Chapter 198, RSMo.

OFFICE, GENERAL

A Building with one (1) or more establishments providing executive, management, administrative, or professional services, but not Medical Offices or Medical Facilities, nor the sale of merchandise except as an Accessory Use to a permitted Principal Use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, and similar offices.

OUTDOOR DINING

An Accessory Use of a Restaurant, Tavern, or other establishment engaged in the sale of food and/or beverages with tables located on the sidewalk, Patio, or other open paved area in front of or adjoining the related establishment.

OUTDOOR STORAGE AREA

An unroofed, unenclosed, paved area outside of a business used to store equipment and materials or items other than properly licensed vehicles or equipment capable of traveling on the public Streets. The equipment and materials stored outdoors must be a necessary and integral function in the operation of the business on-site, including equipment and materials stored temporarily for an off-site job site.

OUTDOOR STORAGE BIN

A covered or uncovered receptacle that is typically enclosed on three (3) sides and used for temporary or long-term storage of materials. This term does not include Outdoor Storage Container.

OUTDOOR STORAGE CONTAINERS

Containers customarily used in the transport of goods, equipment, and material used to store those goods, equipment, and material on the Lot of a business or company. These storage devices may be used for either temporary or long-term storage.

PARKING AREA, OFF-STREET

A paved surface in an enclosed or unenclosed area which contains one (1) or more Accessory Off-Street Parking and/or Loading Spaces and is connected by a Driveway to a Street, Alley, or easement to permit ingress or egress from the Property. Off-Street Parking Areas do not include:

[Ord. No. 4034, 5-28-2020]

Paved areas used for storage and display of vehicles in conjunction with an approved Automotive Sales and/or Services, Commercial Motor Vehicle Dealers or Commercial Motor Vehicle Repair, or Recreational Vehicle Sales or Construction Equipment Dealer use on the same Lot.

Paved areas used for the storage of Automobiles and Commercial Motor Vehicles used in support of the Permitted Use or Use allowed by Special Use Permit on the same Lot.

Outdoor Storage Areas related to a use on the same Lot.

PARKING SPACE

A paved surface in an enclosed or an unenclosed area, which is reserved for the temporary storage of one (1) motor vehicle.

[Ord. No. 4034, 5-28-2020]

PARKING SPACE, OFF-STREET

A Parking Space that is located in an Off-Street Parking Area.

[Ord. No. 4034, 5-28-2020]

PARKING STRUCTURE

Any Structure containing motor vehicle parking that is a Principal Use, with or without any additional Uses.

PATIO

A level unenclosed surfaced area, not exceeding twelve (12) inches in height, located at the finished grade that is usually directly adjacent to a Building.

PAWNSHOP

An establishment engaged in the buying and selling of new and secondhand merchandise and offering loans secured by personal property.

PERSONAL SERVICE SHOP

Shops primarily engaged in providing services generally involving the care and appearance of the body, or the cleaning and repair of personal effects such as beauty or barber shops, laundry or dry-cleaning, tailoring, or other similar uses.

PET DAY CARE AND TRAINING FACILITY

An establishment primarily engaged in providing daytime care, socialization, or training of household pets. Pet day care and training facilities do not include outdoor kennels, medical care, or overnight care.

PET GROOMING FACILITY

An establishment primarily engaged in the cleaning, bathing, brushing, and cutting of hair of household pets. Pet grooming facilities do not include outdoor kennels, medical care, or overnight care.

PET SUPPLY STORE

An establishment primary engaged in the sale of pet supplies, which may include the Accessory indoor sale or adoption of pets, pet grooming, and/or veterinarian clinic or hospital, but does include outdoor kennels or runs.

PHARMACY

An establishment where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws as defined by Chapter 338 of the Missouri Revised Statutes. A Pharmacy may engage in general light retail sales and may include Accessory Drive-Through Service on the Lot.

PLAT

A map, plan, or layout of a City, township, section, or Subdivision indicating the location and boundaries of individual Lots.

PLAT (FINAL)

See Chapter 440.

PLAT (PRELIMINARY)

See Chapter 440.

PLAT, (RECORDED OR RECORD)

A Plat recorded in the Recorder of Deeds Office.

PORCH

A platform, that may be enclosed and/or covered by a roof, projecting from an exterior wall of a Building with direct access to or from a Building.

PRINCIPAL BUILDING OR STRUCTURE

The main Building or Structure erected on or the Principal Use occupying a Lot, as distinguished from an Accessory Structure or Use.

PRINCIPAL USE

The primary or predominate use of a Property, Building, or Structure.

PROPERTY

A piece of real estate with defined property boundaries, typically consisting of a Lot or Lots under the same ownership. The term Property shall also include the word "site."

PROPERTY LINE

See Lot Line.

PUBLIC PARK

Any public area created, established, designated, maintained, provided, or set aside by the City for the purpose of public rest, play, recreation, enjoyment, assembly, and all Buildings, facilities, and Structures located thereon or therein.

PUBLIC UTILITY FACILITIES

An electrical substation including but not limited to transmission substations, distribution substations, collector substations, converter substations, and switching stations. Towers, poles, and traffic signal controllers shall not be considered Public Utility Facilities.

RAILROAD SWITCHING YARD

An area consisting of railroad track used for the storage, sorting, and loading and unloading of railcars and locomotives.

RECORDER OF DEEDS (OFFICE)

The office of the St. Louis County Department of Revenue, Recorder of Deeds.

RECREATION FACILITY

A facility established primarily for amusement or recreational activities, which may serve alcohol. Terms associated with Recreational Facility shall be defined as follows:

RECREATIONAL FACILITY, INDOOR LIMITED — An indoor facility established primarily for amusement or recreational activities, such as pinball/video arcades, miniature golf, batting cages, and roller-skating rinks. This definition is intended to restrict the type of recreational use allowed to those small-scale facilities that would be compatible with typical Buildings and uses in the Zoning District in which this use is allowed.

RECREATIONAL FACILITY, INDOOR UNLIMITED — An establishment primarily engaged in operations and activities contained within large-scale gymnasium-type facilities such as for tennis, basketball, swimming, indoor soccer, indoor hockey, volleyball, or bowling. Indoor Recreational Facilities may include outdoor activities related to the primary use of the Principal Building.

[Ord. No. 4212, 4-28-2022]

RECREATION FACILITY, OUTDOOR LIMITED — An outdoor facility established primarily for amusement or recreational activities, such as miniature golf, bumper boating, batting cages, and go-carts.

RECREATIONAL VEHICLE SALES

An establishment primarily engaged in the sales, rental, leasing, and/or consignment of recreational vehicles, including the incidental outdoor display, parking, and indoor service thereof. Recreational vehicles shall include but are not limited to motorcycles, boats, scooters, all-terrain vehicles (ATVs), personal watercraft, towable recreational vehicles, and motor homes.

RESEARCH CENTER

A facility or Building dedicated to research, generally with the focus on a specific area, not including laboratory testing of animals.

RESTAURANT

An establishment where prepared food and beverages are sold for consumption within the Building or off-site.

RETAIL STORE

An establishment that operates as fixed point-of-sale locations, which are designed to attract a high volume of walk-in customers and stores have extensive displays of new merchandise. Retail does not include Restaurants, Used Merchandise Stores, Pawnshops, Cash-For-Gold Operations, Warehouse Showroom Sales, Pharmacies, Grocery Stores, any of the uses set forth under Automotive Sales or Services, or any other such Use as defined in this Section 400.030. Terms associated with Retail Stores shall be defined as follows:

RETAIL STORE, LARGE — A retail establishment over fifty thousand (50,000) square feet.

RETAIL STORE, MEDIUM — A retail establishment containing more than five thousand (5,000) square feet, but less than fifty thousand (50,000) square feet.

RETAIL STORE, SMALL — A retail establishment of five thousand (5,000) square feet or less.

SCREENING

Trees, shrubs, walls, Blind Fencing, and/or berms used as a means of visual and/or noise control. Must be opaque in nature. A fence with an opaque value of seventy percent (70%) or greater.

SELF-STORAGE FACILITY

A Building or group of Buildings with controlled access that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' property, merchandise, goods, or wares, which may include a truck and trailer rental facility affiliated with and subordinated to the Self-Storage Facility on the same Lot.

SERVICE CENTER, CUSTOMER

A facility accepting consumer calls or visits for dispatch of personnel to provide services of same, including utilities or communication systems.

SERVICE CENTER, REPAIR

An establishment providing repair or replacement parts for motorized equipment or appliances.

SETBACK

The minimum required horizontal distance between a Lot Line and the nearest allowable portion of a Building or Structure. The derivations of Setback shall maintain the following definitions.

SETBACK, FRONT

The minimum required horizontal distance between the Front Lot Line and the nearest allowable portion of a Building or Structure.

SETBACK, REAR

The minimum required horizontal distance between the Rear Lot Line and the nearest allowable portion of a Building or Structure.

SETBACK, SIDE

The minimum required horizontal distance between the Side Lot Line and the nearest allowable portion of a Building or Structure.

Setbacks

SIGN

See Chapter 430, Article IV.

SITE PLAN

A plan to scale that shows uses and Structures proposed for a Property as required by this Code and regulations involved.

SITE PLAN REVIEW

The process whereby the Site Plans are reviewed to assure that they meet the stated purposes and standards of this Code.

SMALL LOAN BUSINESS

Establishments which:

Engage in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck, or car title; or

Are registered as lenders under state or federal law. The classification does not include Financial Institutions. Further, the classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. The classification, does include, but is not limited to, check cashing stores, payday loan stores, and car title loan stores.

SPECIAL USE PERMIT

See Use, Permitted By Special Permit.

STABLE, PRIVATE

A Detached Accessory Structure related to a Residential Use or a Principal Use related to Farming for the keeping of horses owned by the occupants of the Property and which shall not be used for any commercial purpose including the boarding, hire, or training of horses.

STORAGE

A Structure or use function which protects products, materials, or equipment from damage, theft, or visibility.

STORAGE STRUCTURE

An Accessory Building or Structure used for Storage.

STREET

A public or private improved way for motor vehicle travel. The term Street includes a Highway, thoroughfare, public right-of-way, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an Alley or sidewalk or other way for pedestrian use only. Terms related to Street shall mean as follows:

STREET (ARTERIAL) — A multi-lane facility designed for movement of a relatively large volume of traffic. Arterial Streets provide connections between Minor and Collector Streets and Highways.

STREET (COLLECTOR) — A Street located within a neighborhood or other integrated use area which collects from and distributes traffic to Minor Streets and connects Arterial Streets.

STREET (CUL-DE-SAC) — A Street or a portion of a Street with only one (1) vehicular traffic outlet. The closed end having an adequate turnaround.

STREET (MINOR) — A Street associated with low-intensity uses that is which supplemental to a Collector or Arterial Street and generally serves or is intended to serve the local needs of a Subdivision.

STREET (PRIVATE) — A Street not accepted by dedication or otherwise by the Board or other jurisdiction, such as Missouri Department of Transportation or St. Louis County.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a Structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE

Anything constructed, assembled, or erected on the ground or attached to something having a fixed location on the ground. The term Structure may include the term Building.

TAVERN

An establishment primarily engaged in the preparation and retail sale of alcoholic beverages with a City and State approved liquor license for consumption on-site. Typical uses include sports bars, cocktail lounges, nightclubs, and similar uses at which less than fifty percent (50%) of the total revenue is generated by food sales.

TEMPORARY RECREATIONAL VEHICLE USE

Non-commercial, temporary overnight stays on private property in a mobile Recreational Vehicle, as defined in Chapter 515 of the Municipal Code, on lots abutting the Meramec River for no longer than seventy (70) cumulative days in any 180-day period within a calendar year. Only one (1) Recreational Vehicle is permitted per lot. Temporary Recreational Vehicle Use does not include the overnight parking or storage of an unoccupied Recreational Vehicle for more than five (5) consecutive days. No Recreational Vehicle may be used as a residence.

[Ord. No. 4168, 10-28-2021]

TOBACCO SHOP

A retail establishment that primarily engages in the sale of smoking products or devices including tobacco products, alternative nicotine products, or vapor products and related accessory products and supplies for consumption off-site. A Tobacco Shop does not include Marijuana Dispensary Facilities and does not include the sale of marijuana or marijuana-infused products.

[Ord. No. 4328, 5-25-2023]

TOURIST INFORMATION CENTER

An establishment providing visitors with information on the area's attractions, Hotels, maps, and other items relevant to tourism, not including motorist rest stops.

TRUCK TERMINAL

A facility where freight is unloaded from interstate trucks, intermodal trailers, and shipping containers before being loaded onto local delivery trucks.

USE, NON-RESIDENTIAL

The purpose or activity for which a Lot or a Structure thereon is designed, arranged, intended, occupied and/or maintained for any use that is not a Residential Use.

USE, PERMITTED

The purpose or activity which is allowed as of right for use or development within a Zoning District.

USE, PERMITTED BY SPECIAL PERMIT

A use of a Lot(s) subject to special controls and conditions in accordance with the provisions of this Code.

USE, PRINCIPAL

See Principal Use.

USE, RESIDENTIAL

The purpose or activity for which land or a Structure thereon is designed, arranged, intended, occupied, and/or maintained for Dwelling purposes.

USED MERCHANDISE STORE

An establishment primarily engaged in the retail sale of used or donated goods including clothing, furniture, or appliances.

WALL (RETAINING)

An independent Structure constructed of wood or masonry elements accommodating a change in the grade of the land.

WAREHOUSE

An establishment primarily engaged in the storage of merchandise or commodities for distribution, which may or may not include assembly of stored merchandise or commodities but does not include Self-Storage Facilities.

WAREHOUSE SHOWROOM SALES

An establishment primarily engaged in retail or wholesale sales and installation of residential and commercial Building materials. Warehouse Showroom Sales may display, store, and perform light assembly of merchandise indoors.

WHOLESALE ESTABLISHMENT

An establishment primarily engaged in selling merchandise to persons other than members of the general public.

YARD

The open area or space that is unobstructed, except as specifically permitted in this Code, and that is located on the same Lot as the Principal Building or Structure. The derivations of Yard shall maintain the following definitions:

YARD, FRONT — That portion of a Lot adjacent to any Street or access easement and bounded by the Front Lot Line (or lines), the Lot Lines intersecting the Front Lot Line(s), and the Front Elevation Line.

YARD, REAR — That portion of a Lot adjacent to the Rear Lot Line (or lines) and bounded by the Rear Lot Line, the Lot Lines intersecting the Rear Lot Line(s), and the Rear Elevation Line. In cases where the Rear Elevation Line is overlapped by the Front Elevation Line (such as Corner Lots or Lots with Principal Buildings or Structures not parallel with the Front Lot Line), the Rear Yard shall be bounded by the Rear Lot Line, the Lot Lines intersecting the Rear Lot Line(s), and the Front Elevation Line.

YARD, SIDE — That portion of a Lot between the Principal Building and the adjacent Lot Line that is not considered a Front Yard or Rear Yard.

YARDS — CORNER AND INTERIOR "TRIANGLE" LOTS

YARDS — INTERIOR LOTS

YARD, REQUIRED — The Yard or portion of the Yard located between the Lot Line and the required Setback established by the Zoning District in which the Lot is located.

ZONE DISTRICT MAP, OFFICIAL

The map or any amendments thereto designating Zoning Districts and incorporated into this Code by reference.

[1]

Editor's Note: Former definition of Home Occupation, which immediately followed, was repealed 9-22-2022 by Ord. No. 4261.