City of Fenton - Definitions

ACADEMIC SCHOOL

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

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.

ADDITIONAL DEFINITIONS

Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030: Definitions are incorporated herein and shall apply.

ADMINISTER

The direct application of Medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:

1. Ingestion of capsules, teas, oils, and other Marijuana-Infused Products;
2. Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and other Marijuana-Infused Products;
3. Application of ointments or balms;
4. Transdermal patches and suppositories;
5. Consuming Marijuana-Infused food Products;
6. Any other method recommended by a Qualifying Patient's Physician or Nurse Practitioner as authorized by Article XIV, Section 1 of the Missouri Constitution.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE; ADULT NOVELTY STORE; ADULT VIDEO STORE

A commercial establishment that has as a substantial or significant portion of its stock-in-trade and offers for sale, for any form of consideration, any one (1) or more of the following:

1. Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes or disks, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia that are designed or marketed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. It shall be presumed that a commercial establishment falls within this definition when the establishment holds itself out or advertises itself as an Adult Bookstore, Adult Novelty Store, or Adult Video Store or where more than twenty-five percent (25%) of the retail value of merchandise offered for sale consists of the materials described herein or where more than ten percent (10%) of its display space is used for the materials described herein.

ADULT CABARET

A Tavern, Restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes or disks, slides, or other photographic reproductions in which a substantial or significant portion of the total presentation time is devoted to the showing of material that is characterized by specified sexual activities or specified anatomical areas.

ADULT HOTEL

A Hotel or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or disks, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of the sleeping room to subrent the room for a period of time that is less than ten (10) hours.

ADULT MOTION PICTURE THEATER

An establishment where, for any form of consideration, films, motion pictures, video cassettes or disks, slides, or similar photographic reproductions are shown, and in which a substantial or significant portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium, or similar establishment in which a substantial or significant portion of the presentation time is devoted to the exposure of specified anatomical areas or to specified sexual activities.

AGL (ABOVE GROUND LEVEL)

Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.

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.

ANTENNA

Any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes, including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite earth station antenna less than two (2) meters in diameter [mounted within twelve (12) feet of the ground or building-mounted] and any receive-only home television antenna.

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.

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.

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 AND/OR SERVICES

An establishment primarily engaged in automotive related sales or services. Terms associated with Automotive Sales and/or Services are:

AUTOMOTIVE COLLISION SHOP

AUTOMOTIVE CONVENIENCE STORE

AUTOMOTIVE CUSTOMIZING SHOP

AUTOMOTIVE SALES, NEW

AUTOMOTIVE SALES, USED

AUTOMOTIVE SERVICE STORE

AUTOMOTIVE WASHING FACILITY

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.

BANNER

A Sign other than a Flag that is made of lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere. This definition includes pennants, ribbons, streamers, spinners, or other similarly moving devises.

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.

BILLBOARD

A Sign which directs the attention to a business, commodity, service, or entertainment not necessarily sold or offered:

(a) elsewhere than upon the same Lot where such Sign is displayed;
b) not for the Principal Use of such Lot upon the premises where such Sign is located or to which it is attached; or
(c) any other outdoor advertising subject to regulation pursuant to Sections 226.500 through 226.600 and Section 71.288, RSMo., as amended.

BOARD

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

BOUNDARY ADJUSTMENT

A Subdivision by the division or consolidation of land involving either:

1. The sale or transfer of Lots to or between adjoining Lots owners; or
2. The consolidation of the use of adjoining Lots owned by a single Lot owner.

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.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A Solar Energy system that is an integral part of a Principal or Accessory Building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the Building, which contributes to the design of the Building, including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights, and awnings.

BUILDING-MOUNTED SOLAR ENERGY SYSTEM

A Solar Energy system affixed to either a Principal or Accessory Structure on a Lot.

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;
3. Lot Area; and 4. 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.

BUSINESS USE

Use of land or Buildings for office (including medical), office/warehouse, Financial Institution, Convention Center, Hotel, or similar uses.

CABINET

A structure for the protection and security of communications equipment associated with one (1) or more Antenna where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet and vertical Height that does not exceed six (6) feet.

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.

CHANGEABLE COPY PANEL

A device designed so that characters, letters, or illustrations can be changed or rearranged instantaneously, either manually or electronically.

CHILD CARE

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

CHURCH

A permanent building primarily and regularly used as a place of religious worship.

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.

COLLEGES AND UNIVERSITIES

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

COMMERCIAL EVENTS

Any commercial event held outside an enclosed permanent Structure with the intent to sell, lease, rent, or promote specific merchandise, services, product lines, or other aspects of a business, including, but not limited to, tent sales, arts and craft sales, trade shows, or product demonstrations; except as provided for in Chapter 425, Article IV, Outdoor Displays, Sales and Storage of Merchandise.

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.

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.

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COMMERCIAL USE

Any use wherein goods and services are purchased or sold to either the consuming public (retail) or to other businesses (wholesale). Commercial Use includes Business Use and Industrial Use but does not include Public/Semi-Public Use.

COMMERCIAL/BUSINESS LOT

Any Lot that is not deemed to be a Residential Lot, Multi-Family Complex, or Industrial Use as defined herein.

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.

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

Facility licensed by the Department where Cultivation operations for Medical or adult use occur. A Comprehensive Marijuana Cultivation Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A Facility licensed by the Department where Marijuana Product is dispensed for Medical or adult use. Comprehensive Dispensary Facilities may receive transaction orders at the Dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Comprehensive Marijuana Dispensary Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law.

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured for Medical or adult use. A Comprehensive Marijuana-Infused Products Manufacturing Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.

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.

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.

CONSUMER

Someone at least twenty-one (21) years of age.

CONVENTION CENTER

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

CULTIVATION

As related to activity authorized pursuant to Article XIV, Section 1, of the Missouri Constitution and all rules and regulations issued by the Department, the process by which an Entity promotes the germination and growth of a seed to a mature Marijuana plant.

CULTIVATION

As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.

CULTIVATION IDENTIFICATION CARD

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

DAY CARE

A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.

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.

DEPARTMENT

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

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.

DISGUISED SUPPORT STRUCTURE

Any free-standing, man-made structure designed for the support of Antenna, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the Structure. Such Structures may include but are not limited to clock towers, campaniles, observation towers, light standards, Flag poles, and artificial trees. For purposes of this definition, a Structure "camouflaged or concealed as an appropriately placed and designed architectural or natural feature" shall mean:

1. It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
2. It does not contain distorted proportions, size, or other features not typically found on the type of Structure or feature to which it is designed to replicate;
3. It cannot be identified as a Support Structure by persons with reasonable sensibilities and knowledge;
4. Its equipment, Accessory Buildings or Structures, or other aspects or attachments relating to the Disguised Support Structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural Structure or feature being replicated; and
5. It is of a Height, design, and type that would ordinarily occur at the location and neighborhood selected.

DISPENSARY FACILITY

A Medical Marijuana Dispensary Facility, a Comprehensive Marijuana Dispensary Facility, or a Microbusiness Dispensary Facility.

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 II.

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 are associated with Dwelling:

APARTMENT

CONDOMINIUM

LOFT

DWELLING, MULTIPLE-FAMILY

DWELLING, SINGLE-FAMILY

DWELLING, SINGLE-FAMILY ATTACHED

DWELLING, TWO-FAMILY

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.

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.

EDUCATIONAL FACILITY

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

ACADEMIC SCHOOL

COLLEGES AND UNIVERSITIES

VOCATIONAL AND TECHNICAL SCHOOL

TUTORING AND TEST PREPARATION CENTER

ELECTRIC VEHICLE CHARGING STATION

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

ELEMENTARY OR SECONDARY SCHOOL

A public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.

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.

ENCLOSED, LOCKED FACILITY

1. A stationary, fully enclosed, locked space equipped with functioning security devices that permit access to only the Consumer(s), Qualifying Patient(s), or Primary Caregiver(s) who have informed the Department that this is the space where they will Cultivate Marijuana; and

2. The plants within the Enclosed, Locked Facility must not be visible to the unaided eye from a public space.

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.

ENTITY

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

ERECT

To build, construct, attach, hang, place, affix, or locate.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person or who agrees to privately model lingerie or to privately perform a strip tease for another person.

ESCORT AGENCY

A person or business association who furnishes, offers to furnish, or advertises to furnish Escorts as one (1) of its Principal Use for a fee, tip, or other consideration.

EXISTING STRUCTURE

Any Structure capable of supporting Wireless Communications Facilities (other than a Support Structure) in full conformance with the design and other requirements of this Article and is:

(1) existing prior to the date of all applicable permit applications seeking City authorization for installation of such Facilities thereon; and
(2) not built or installed in anticipation of such specific installation or erected to evade approvals applicable to a non-existing Structure.

FAA

The Federal Aviation Administration.

FACADE

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

FACILITY

The physical structure(s), including strip malls, and the premises on which the physical structures are located which are used by a licensed or certified Entity to perform its licensed or certified functions, whether the Entity is licensed or certified as a Medical Facility, Research Facility, or a Marijuana Facility.

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.

FAST-TRACK SMALL WIRELESS FACILITY

A Fast-Track Small Wireless Facility, or Fast-Track, shall mean a Small Wireless Facility that meets the following requirements for an Antenna and associated equipment:

1. No more than seven cubic feet (7 ft.3) in volume (comprised of no more than twenty-seven square feet (27 ft2) of exterior surface area, excluding the surface width equal to the width of the Existing Structure or Utility Pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume shall be the measure of the exterior displacement of the Antenna and associated equipment;
2. Located on an Existing Structure or Utility Pole, or concealed within or on a replacement Utility Pole if the appearance is not materially altered;
3. Not exceeding six (6) feet above the top of an Existing Structure or Utility Pole for a total Height not exceeding forty-five (45) feet (nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet).

FCC

The Federal Communications Commission.

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.

FLAG

A generally rectangular piece of fabric of distinctive design traditionally raised on a Flagpole.

FLAGPOLE

A pole mounted to the ground and used for flying a Flag.

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.

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.

FLOWERING PLANT

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

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.

GOODS or SERVICES

Any work, labor, merchandise, equipment, products, supplies, or materials, of any tangible or intangible nature, except real property or any interests therein.

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.

GRAFFITI

A hand-painted work of visual art that is either affixed to or painted directly on the Facade or other exterior surface without the permission of the Property Owner.

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.

GROUND FLOOR

That floor of a Building which is approximately level with the ground around the Building and which contains the Building's primary ingress and egress; first floor.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A Solar Energy system that is not attached to another Structure and is affixed to the ground.

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.

HEIGHT

The vertical distance measured from the average grade of the base of the Structure at ground level to its highest point and including the main structure and all attachments thereto.

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.

HOLIDAY DISPLAYS

A display for decorative purposes during any nationally recognized holiday period.

HOME OCCUPATION

Either a No Impact Home-Based Business or resident or residents of the Residential Dwelling doing Home-Based Work.

HOME-BASED BUSINESS

Any business operated in a Residential Dwelling, by a person residing in that Residential Dwelling, that manufactures, provides, or sells Goods or Services and that such business is owned and operated by the owner or tenant of the Residential Dwelling.

HOME-BASED WORK

Any lawful occupation performed by a resident within a Residential Dwelling or Accessory Structure, which is clearly incidental and secondary to the use of the Dwelling Unit for residential purposes and does not change the residential character of the Residential Dwelling or adversely affect the character of the surrounding neighborhood.

HOTEL

An establishment that:

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:

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.

IDENTIFICATION CARD

A document, whether in paper or electronic format, issued by the Department that authorizes a Consumer cultivator, Qualifying Patient, Primary Caregiver, or facility agent to access Marijuana as provided by law.

ILLUMINATED

A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the Sign.

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.

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.

INCIDENTAL USE

Any use authorized herein that exists in addition to the Principal Use of the Property.

INDUSTRIAL LOT

Any Lot with a Principal Light or Heavy Industrial Use and located in the "IP-1" or "PID" District.

INDUSTRIAL USE

Use of land or Buildings for manufacturing, assembly, fabrication, warehousing, distribution, freight terminal, wholesale sales, and other uses of similar intensity.

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.

INFUSED PREROLL

A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper; (2) dried Flower, buds, and/or plant material; and (3) a concentrate, oil, or other type of Marijuana extract, either within or on the surface of the product. Infused Prerolls may or may not include a filter or crutch at the base of the product.

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.

LOFT

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

LOT

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

LOT AREA
LOT, CORNER
LOT DEPTH
LOT, FLAG
LOT, INTERIOR
LOT, THROUGH
LOT WIDTH

LOT AREA

The area of a horizontal plane bounded by the Front, Side, and/or Rear Lot Lines.

LOT DEPTH

The average distances between the Front and Rear Lot Lines.

LOT LINE

A line dividing one (1) Lot from another or from a Street. The derivations or modifications of a Lot Line shall be as followings:

LOT LINE, FRONT

LOT LINE, REAR

LOT LINE, SIDE

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.

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.

LOT WIDTH

The horizontal distance between the Lot Lines perpendicular to the Front Lot Line, measured along the required Front Setback.

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, 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
2. Site Portion. 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).

MARIJUANA ACCESSORIES

Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing Marijuana into the human body.

MARIJUANA BUSINESS

A Marijuana Facility, a Medical Facility, and a Marijuana Research Facility.

MARIJUANA FACILITY

A Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility, Marijuana Testing Facility, Transportation Facility, Comprehensive Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, Microbusiness Dispensary Facility, or any other type of Marijuana-related facility or business licensed or certified by the Department but shall not include a Medical Facility or Marijuana Research Facility.

MARIJUANA or MARIHUANA

Means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute Marijuana, as well as resin extracted from the plant and Marijuana-Infused Products. "Marijuana" or "Marihuana" does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.

MARIJUANA PRODUCT

Marijuana, Marijuana-Infused Products, or other products made using Marijuana, including Prerolls, unless otherwise provided for in the Department's rules.

MARIJUANA RESEARCH FACILITY

A Facility licensed by the Department where activities intended to facilitate scientific research or education related to Marijuana Product occur.

MARIJUANA TESTING FACILITY

A Facility certified by the Department to acquire, test, certify, and transport Marijuana, including those originally licensed as a Medical Marijuana Testing Facility.

MARIJUANA-INFUSED PRODUCTS

Products that are infused, dipped, coated, sprayed, or mixed with Marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and Infused Prerolls.

MASSAGE PARLOR

A commercial establishment where, for any form of consideration, massage, alcohol, rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered. This definition does not include any Medical Office or Medical Facility where the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, Healing Arts Establishment, or similar professional person licensed by the state.

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 FACILITY

Any Medical Marijuana Cultivation Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing Facility.

MEDICAL MARIJUANA BUSINESS

Any of the following hereinafter defined Entities:

1. Medical Marijuana Cultivation Facility.
2. Medical Marijuana Dispensary Facility.
3. Medical Marijuana-Infused Products Manufacturing Facility.
4. Medical Marijuana Testing Facility.
5. Medical Marijuana Transportation Facility.
6. Any other Entity currently or hereafter included in and regulated by Article XIV, Section 1, of the Missouri Constitution and the rules and regulations promulgated by the Department.

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the Department to engage in the process of Cultivating Marijuana that is limited to Medical Use at a Medical Marijuana Cultivation Facility. A Medical Marijuana Cultivation Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.

MEDICAL MARIJUANA DISPENSARY FACILITY

A Facility licensed by the Department where Marijuana is dispensed only for Medical Use. Medical Marijuana Dispensary Facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A Medical Marijuana Dispensary Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.

MEDICAL MARIJUANA TESTING FACILITY

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

MEDICAL MARIJUANA TRANSPORTATION FACILITY

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

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured only for Medical Use.

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.

MEDICAL USE

The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or Marijuana Accessories used to Administer Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.

MICROBUSINESS DISPENSARY FACILITY

A Facility licensed by the Department to engage in the process of dispensing Marijuana for Medical Use or adult use. Microbusiness Dispensary Facilities may receive transaction orders at the dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Microbusiness Dispensary Facility's authority to process Marijuana shall include the creation of Prerolls.

MICROBUSINESS WHOLESALE FACILITY

A Facility licensed by the Department where Marijuana Cultivation operations for Medical or adult use occur and/or where Marijuana-Infused Products and Prerolls are manufactured for Medical Use or adult use. A Microbusiness Wholesale Facility may cultivate up to two hundred and fifty (250) Flowering Plants at any given time. A Microbusiness Wholesale Facility's authority to process Marijuana shall include the creation of Prerolls and Infused Prerolls.

MOTEL

See HOTEL.

MSD

The Metropolitan St. Louis Sewer District.

MULTI-FAMILY COMPLEX

One (1) or more Buildings containing a minimum of three (3) or more Dwelling Units per Building.

MULTI-FAMILY COMPLEX LOT

Any Lot containing one (1) or more Buildings used for Multi-Family Dwellings or designated as a common area for a Multi-Family Complex.

MUSEUM

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

NO IMPACT HOME-BASED BUSINESS

Any Home-Based Business:
a. Where the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the Residential Dwelling; and

b. The activities of the business:

(1) Are limited to the sale of lawful Goods and Services;
(2) May involve having more than one (1) client on the Property at one (1) time;
(3) Do not cause a substantial increase in traffic through the residential area;
(4) Do not violate the Residential Parking Requirements set forth in Section 430.120;
(5) Occur inside the Residential Dwelling or in the Yard of the Residential Dwelling;
(6) Are not visible from the Street; and
(7) Do not violate the narrowly tailored regulations in § 425.030(C).

NON-COMMERCIAL EVENTS

Any fund-raising and/or not-for-profit event held outside an enclosed permanent Structure; except as provided for in Chapter 610: Parades, Processions and Organized Physical Activities, or exempted by Section 430.440 of this Article.

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.

NURSE PRACTITIONER

An individual who is licensed and in good standing as an advanced practice registered nurse, or successor designation, under Missouri law.

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.

ORIGINAL ART DISPLAY

A form of non-commercial speech wherein a hand-painted work of visual art is either affixed to or painted directly on the Facade of a Structure with the permission of the Property Owner. An Original Art Display does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or Changeable Copy Panel.

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:

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.

PARKING SPACE, OFF-STREET

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

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.

PERSON

An individual, proprietorship, partnership, corporation, association, or other legal entity.

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.

PHYSICIAN

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

PHYSICIAN CERTIFICATION

A document, whether handwritten, electronic, or in another commonly used format, signed by a Physician and stating that, in the Physician's professional opinion, the patient suffers from a qualifying medical condition as defined in Missouri State law.

PLAT

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

PLAT (FINAL)

A Plat of a Subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining Lots, blocks, Streets, Alleys, public areas, and other dimensions of land.

PLAT (PRELIMINARY)

A Plat of a proposed Subdivision showing the character and proposed layout of the Lot(s) in sufficient detail to indicate the suitability of the proposed Subdivision. This proposed Subdivision must be submitted in accordance with all requirements of this Code.

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.

PREMISES

That portion of a Lot or Building occupied by one (1) or more occupants, exclusive of common areas shared with adjacent occupants, if any.

PREROLL

A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper; and (2) dried Flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.

PRIMARY CAREGIVER

An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a Qualifying Patient and who is designated as such under the rules and regulations of the Department and possesses a Department issued Primary Caregiver or Primary Caregiver Cultivation Identification Card.

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.

PROPERTY OWNER

An individual or entity who has the right to possess, use, and convey the Property, Premises, Building, Sign, or Sign Structure. For the purposes of this Article, the tenant of a Property or Premises is considered the Property Owner as to the Property the tenant holds a right to use exclusive of others (or the sole right to occupy). If there are multiple tenants of a Property or Premises, then each tenant shall have the same rights and duties as the Property Owner as to the Property or Premises the tenant leases and has the sole right to occupy, and the size of the Property or Premises shall be deemed to be the Property that the tenant has the sole right to occupy under the lease.

PUBLIC ATTRACTIONS

Any public event intended primarily for entertainment or amusement such as carnivals, concerts, festivals, barbecues, or picnics; except as exempted by Section 430.440 of this Article.

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. See Telecommunications Facility defined in Section 430.570.

PUBLIC/SEMI-PUBLIC USE

An Educational Facility, Church, Community Center, cultural facility, library, hospital, or similar place that serves the public for its educational, cultural, and/or recreational benefit.

QUALIFYING PATIENT

A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined in Missouri State law and possessing a Department issued Qualifying Patient or Qualifying Patient Cultivation Identification Card.

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 are as follows:

RECREATIONAL FACILITY, INDOOR LIMITED

RECREATIONAL FACILITY, INDOOR UNLIMITED

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 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.

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.

RESIDENTIAL LOT

Any Lot containing a Single-Family or Two-Family Dwelling or designated as a common area for a subdivision for Residential Use.

RESIDENTIAL USE

Any use wherein individuals or families utilize Single-Family, Two-Family, and Multi-Family Complex for private housing purposes. Residential Use does not include Public/Semi-Public Use.

RESTAURANT

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

RESUBDIVISION

Any change in the Plat or description of an approved or recorded Subdivision, including a Subdivision predating the adoption of regulations controlling the division of land, if such change affects any Lot Line, Street layout, or area reserved for public use.

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 are as follows:

RETAIL STORE, LARGE

RETAIL STORE, MEDIUM

RETAIL STORE, SMALL

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.

SEXUAL ENCOUNTER ESTABLISHMENT

A commercial establishment other than a Hotel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where Medical Office or Medical Facility provides sexual therapy.

SEXUALLY ORIENTED BUSINESS

An Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Hotel, Adult Motion Picture Theater, Adult Theater, Escort Agency, Massage Parlor, or Sexual Encounter Establishment.

SEXUALLY ORIENTED MERCHANDISE

Instruments, devices, gifts, or paraphernalia that are designed or marketed for use in connection with specified sexual activities or clothing that graphically depicts or exposes specified anatomical areas or books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, videocassettes or disks, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

SHELTER

A Building for the protection and security of communications equipment associated with one (1) or more Antenna and where access to equipment is gained from the interior of the Building. Human occupancy for office or other uses or the Storage of other materials and equipment not in direct support of the connected Antenna is prohibited.

SIGN

A name, identification, description, display, or illustration, which is affixed to, painted, or represented directly or indirectly upon a Building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the Sign Face or to an object, product, place, activity, person, Institution, organization, or business. Signs located completely within an enclosed Building, and not exposed to view from a Street or sidewalk, shall not be considered a Sign. A Flag shall not be considered a Sign. This definition includes Holiday Displays.

SIGN, CHANGEABLE COPY

A Sign that is made up of or incorporates a Changeable Copy Panel.

SIGN, DOUBLE-FACED

A Sign with two (2) Sign Faces of the same shape designed to be seen from two (2) opposite directions, supported on the same support, and at the same elevation.

SIGN, FACE

The entire area within a square, circle, rectangle, triangle, or combination thereof that encompasses the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the Sign from the backdrop or Structure against which it is placed, but not including the Sign Structure or Facade that is clearly incidental to the display itself.

SIGN, FLASHING

Any Illuminated Sign on which the artificial light is not maintained stationary or constant in intensity or color at all times when such Sign is in use. For the purpose of this Article, any moving Illuminated Sign or Signs that fluctuate in light intensity or use intermittent strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or that in any manner creates the illusion of movement shall also be considered a Flashing Sign.

SIGN, GOVERNMENT

A Sign that is constructed, placed, or maintained by the federal, state, or local government or a Sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce or protect a Property Owner's rights.

SIGN, INTEGRAL

A Sign that is embedded, extruded, or carved into the material of a Building Facade and customarily made of bronze, brushed stainless steel or aluminum, stone, or similar material attached to the Building Facade.

SIGN, INTERIOR WINDOW/DOOR

A Sign located inside a Building on a window or door and exposed to view from a Street or sidewalk. An Interior Window/Door Sign may be a Temporary or Permanent Sign.

SIGN, MONUMENT

A Sign having the appearance of a solid base of landscape construction materials such as masonry, stucco, stonework, textured wood, tile, anodized metal, or textured concrete materials. The base of a Monument Sign shall be architectural in nature, with a concealed means of support, and utilize materials consistent with the design of the Building in which it is associated.

SIGN, OFF-PREMISES

Commercial speech in the form of a Permanent Sign that does not relate to a use of the Premises on which it is located.

SIGN, ON-PREMISES

Commercial speech in the form of a Permanent Sign that relates to a use of the Premises on which it is located.

SIGN, PERMANENT

Any Sign affixed or attached to the ground or a Structure and which cannot be removed without special handling. Any Sign that is not a Temporary Sign is deemed to be a Permanent Sign and shall be governed by the regulations for a Permanent Sign.

SIGN, POLE

Any detached Permanent Sign which is supported by one (1) or more stationary poles extending more than two (2) feet above the mean grade line of the ground at its base, provided that this shall not include a permitted Monument Sign as set forth herein.

SIGN, PUBLIC INTEREST

Any Sign intended to convey a legal right or restriction on a Property; a Sign intended to warn the public of a bona fide danger on the Property; or a Sign placed by order of a court or by a government official in the normal course of their duties. Public Interest Signs shall include Signs identifying a Structure or an area as a historic Structure or place. These Signs are considered government speech.

SIGN, SMALL POLE

A Pole Sign of not more than six (6) square feet in area per Sign Face and not more than three and one-half (3.5) feet in height.

SIGN, SMALL WALL

A Wall Sign not exceeding two (2) square feet in size.

SIGN, STRUCTURE

The support, poles, upright bracing or brackets, and framework for any Sign that is mounted on or affixed to a Building, Structure, or the ground. A Sign Structure may be a single pole and may or may not be an integral part of the Building.

SIGN, TEMPORARY

A non-Permanent Sign constructed of paper, cloth, canvas, plastic sheet, vinyl, cardboard, fiberboard, plywood, or other like materials and that by design, installation, materials, and/or appearance is intended to be displayed for a limited period of time.

SIGN, VEHICLE

A Sign that uses a vehicle or trailers in such a way as to function primarily as a Sign, including but not limited to vehicles that are not operational and parked to display a Sign. Vehicles and trailers associated with the function of the business on the Premises shall not be considered a Vehicle Sign.

SIGN, WALL

A Sign affixed directly to a Facade of a Building and confined within the limits of such Facade. An Integral Sign is considered a Wall Sign for the purposes of this Article.

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.

SMALL WIRELESS FACILITY

An Antenna and associated equipment that meets the following:

1. An Antenna of no more than six cubic feet (6 ft.3) in volume; and
2. All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight cubic feet (28 ft.3) in volume; provided that no single piece of equipment on the Utility Pole shall exceed nine cubic feet (9 ft.3) in volume, and no single piece of ground mounted equipment shall exceed fifteen cubic feet (15 ft.3) in volume.

SOLAR ENERGY COLLECTOR

The component of a Solar Energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.

SOLAR ENERGY EQUIPMENT

The Solar Energy Collectors, electronics, disconnect, valves, and other appurtenances associated with a Solar Energy system.

SOLAR ENERGY SYSTEM

A Building- or ground-mounted photovoltaic, hot air, or hot water collector device or other type of energy system, which relies upon solar radiation as the source for the generation of electricity or transfer of stored heat.

SPECIAL EVENT

A temporary use of Property or Structures for one (1) or more of the following types of activities

1. Non-Commercial Events.
2. Commercial Events.
3. Public Attractions.

SPECIAL USE PERMIT

See Use, Permitted By Special Permit.

SPECIFIED ANATOMICAL AREAS

Any of the following:

1. Bare human male or female genitals, buttocks, anus, or pubic area with less than opaque clothing covering;
2. The female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing or swimsuit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
3. The covered male genitals in a discernibly turgid state.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. Excretory functions as part of or in connection with any of the activities set forth in Subsection (1) through (2) above.

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 are as follows:

STREET (ARTERIAL)

STREET (COLLECTOR)

STREET (CUL-DE-SAC)

STREET (MINOR)

STREET (PRIVATE)

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.

SUBDIVIDER

An Applicant proposing a Subdivision and/or a developer of a Subdivision, either for himself or others.

SUBDIVISION

Any land which is divided or proposed to be divided into two (2) or more Lots or any other division of land for the purpose, whether immediate or future, of sale, lease, conveyance, or Development.

SUBDIVISION

A development of land for which there is a duly recorded Plat approved by the City.

SUBDIVISION (MAJOR)

A Subdivision which is not classified as a Minor Subdivision and meets any one (1) of the following criteria:

1. Creating more than four (4) Lots;
2. Involving the creation of a new Street or access easement;
3. Extending or creating public facilities and/or public improvements;
4. Adversely affecting, in the Director's determination, the remainder of the Property or adjoining Property;
5. Conflicting with the Comprehensive Development Plan, Official Zone District Map, Zoning Code, or this Subdivision Code; or
6. Any other division of land not meeting the definition of Minor Subdivision.

SUBDIVISION (MINOR)

Any Subdivision containing not more than four (4) Lots fronting on an existing Street and not:

1. Creating a new Street or access easement;
2. Extending or creating any public facilities and/or public improvements;
3. Adversely affecting, in the Director's determination, the remainder of the Property or adjoining Property;
4. Conflicting with the Comprehensive Development Plan, Official Zone District Map, Zoning Code, or this Subdivision Code; or
5. Requiring any variance through the Board of Adjustment or Subdivision modification under Section 440.050.

SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS

An increase in Floor Areas occupied by the business by more than twenty-five percent (25%), as the Floor Areas exist on December 16, 2002.

SUPPORT STRUCTURE

A Tower or Disguised Support Structure.

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.

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.

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.

TOWER

A Structure designed for the support of one (1) or more Antenna and including guyed towers, self-supporting (lattice) towers, or monopoles, but not Disguised Support Structures, Utility Poles, or Buildings. The term shall also not include any Support Structure that includes attachments of sixty-five (65) feet or less in Height owned and operated solely for use by an amateur radio operator licensed by the FCC.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS

Any of the following:

1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

TRANSPORTATION FACILITY

A Facility certified by the Department to house operations involving the transport of Marijuana Product from a Marijuana Facility or Medical Facility, or to a Qualifying Patient, Primary Caregiver, or Consumer.

TRUCK TERMINAL

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

TRUST INDENTURES

Private restriction, covenants and restrictions, or other mechanism which is recorded and used for the purpose of maintaining commonly owned property and/or facilities within the Subdivision.

TUTORING AND TEST PREPARATION CENTER

A private facility that focuses on teaching academic skills.

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.

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USED MERCHANDISE STORE

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

UTILITY POLE

A pole or similar Structure that is or may be used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, which may also support a Small Wireless Facility or Fast-Track.

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.

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.

WIRELESS COMMUNICATIONS FACILITY

Any Antenna, Small Wireless Facility, Fast-Track, Cabinet, Shelter, Support Structure, and associated equipment.

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 are as follows:

YARD, FRONT

YARD, REAR

YARD, SIDE

YARD, REQUIRED

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, 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.

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.

ZONE DISTRICT MAP, OFFICIAL

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

City of Fenton, MO

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