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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
1.
Size or height of a Structure;
2.
Location of exterior walls at all
levels in relation to Lot Lines, Streets, or other Structures;
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.
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.
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.
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.
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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.
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LOFT — A Dwelling located above
the first floor of a Non-Residential Use such as a store or office.
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DWELLING, MULTIPLE-FAMILY —
One (1) or more Buildings containing a minimum of three (3) or more
Dwelling Units per Building.
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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.
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DWELLING, SINGLE-FAMILY ATTACHED
— Two (2) Single-Family Dwellings sharing common wall areas,
each Dwelling having its own Lot.
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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.
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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.
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COLLEGES AND UNIVERSITIES —
Any private or publicly owned and operated Institution of higher education,
not including vocational and technical schools.
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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.
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TUTORING AND TEST PREPARATION CENTER
— A private facility that focuses on teaching academic skills.
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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:
1.
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;
2.
May provide beer, wine, and/or liquor
sales for consumption off-site;
3.
May prepare minor amounts of food
on site for immediate consumption;
4.
Markets the majority of its merchandise
at retail prices;
5.
May not have an Accessory Restaurant
Use; and
6.
May not exceed five thousand (5,000)
square feet.
GROCERY STORE, GENERAL
An establishment that:
1.
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;
2.
May provide beer, wine, and/or liquor
sales for consumption off-site;
3.
May prepare minor amounts of food
on site for immediate consumption;
4.
Markets the majority of its merchandise
at retail prices; and
5.
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.
HOTEL
An establishment that:
[Ord. No. 3946, 6-27-2019]
1.
Offers temporary lodging in rooms,
for thirty (30) consecutive days or less in a calendar year, and charges
guests on a per-night basis;
2.
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;
3.
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
4.
Does not provide a kitchen or cooking
facilities within the rooms.
HOTEL, EXTENDED-STAY
An establishment that:
[Ord. No. 3946, 6-27-2019]
1.
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;
2.
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;
3.
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
4.
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.
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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°).
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LOT DEPTH — The average distances
between the Front and Rear Lot Lines.
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LOT, FLAG — A Lot located in
a Residential District or used for residential purposes with two (2)
discernible portions described as follows:
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1.
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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.
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2.
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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.
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LOT, INTERIOR — Any Lot other
than a Through or Corner Lot.
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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).
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LOT WIDTH — The horizontal
distance between the Lot Lines perpendicular to the Front Lot Line,
measured along the required Front Setback.
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Types of Lots
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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.
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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.
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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.
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Types of Lot Lines
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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.
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]
1.
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.
2.
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.
3.
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 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.
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."
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.
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.
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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]
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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.
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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.
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RETAIL STORE, MEDIUM — A retail
establishment containing more than five thousand (5,000) square feet,
but less than fifty thousand (50,000) square feet.
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RETAIL STORE, SMALL — A retail
establishment of five thousand (5,000) square feet or less.
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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
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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:
1.
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
2.
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.
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.
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.
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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.
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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.
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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.
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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.
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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, 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.
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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.
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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.
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YARDS — CORNER AND INTERIOR
"TRIANGLE" LOTS
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YARDS — INTERIOR LOTS
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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.
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ZONE DISTRICT MAP, OFFICIAL
The map or any amendments thereto designating Zoning Districts
and incorporated into this Code by reference.