City of Fenton - Definitions

ABUTS/ABUTTING

Having a common lot line or district line.

ACADEMIC SCHOOL

Any private or publicly-owned and operated institution providing academic instruction for students from pre-school up to and including 12th grade.

ACCESS WAY

A curb cut, ramp, driveway or other means for providing specific vehicular access to an off-street parking or loading area. This definition does not include bikeway or walkway.

ACCESSORY BUILDINGS AND STRUCTURES

Any building or structure, the use of which is incidental to, subordinate in size or purpose, and customarily in conjunction with the principal structure or use, and is located on the same lot as the principal structure or use. Except as otherwise provided for within this Title IV, any accessory building or structure attached to the principal building shall be considered as part of the principal building and shall comply with the minimum setback requirements of the Zoning District in which the principal building is located.

ACCESSORY USE

A subordinate use of a building or land which is incidental to the principal use, customarily associated with the principal use, and located on the same lot as the principal building, structure or use. Except as otherwise provided within this Title IV, any building or structure housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the principal structure.

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, or oils;
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 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 nightclub, bar, 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 MOTEL

A hotel, motel 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 and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; 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.
Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel.

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.

AIRPORT

An area for the landing or taking off of aircraft, containing two (2) or more runways of a least two thousand (2,000) feet in length, possessing facilities for the storage, servicing or repairing of aircraft, and open to public use, but not to all types of aircraft.

AISLE

A vehicular traffic way within an off-street parking area. Also is used as a means of ingress/egress from parking spaces.

ALLEY

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

ALTER

To change the size, shape or use of a structure.

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.

APPLICANT

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

ART DEALER

An establishment engaged in the sale of works of art.

ARTISAN, CRAFTSMAN, AND PHOTOGRAPHER STUDIO

The workshop or studio of an artist, craftsperson, sculptor, 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, "attached" 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 automobile not defined as a Commercial Motor Vehicle.

AUTOMOTIVE COLLISION SHOP

An establishment primarily engaged in the major repair of Automobiles and other non-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 Automobiles and other non-Commercial Motor Vehicles 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 carwash.

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 REPAIR SHOP

An establishment where automobiles are repaired by auto mechanics. Services provided may include repair work such as engine replacement, body and fender repair and/or spray-painting.

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 vehicles 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 SALES/AND OR SERVICES

An establishment primarily engaged in automotive related sales or services. Terms associated with Automotive Sales and/or Services shall be defined as follows:
AUTOMOTIVE COLLISION SHOP – An establishment primarily engaged in the major repair of Automobiles and other non-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 Automobiles and other non-Commercial Motor Vehicles 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 carwash.
AUTOMOTIVE CUSTOMIZING SHOP – An establishment that primarily provides indoor after-sales services for Automobiles (including the attendant retail sales of accessories for such Automobiles), such as installation, conversion, and modifications to the interior or exterior of Automobiles, and may include indoor automotive detailing or dent removal.
AUTOMOTIVE SALES, NEW – An establishment primarily engaged in the sale and/or lease of new Automobiles, including incidental outdoor display, parking, and indoor servicing of vehicles 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 vehicles 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.

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 vehicles 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 and full-service car washes.

BACKFILL

Soil deposited in excessive part of an excavation after completion of construction in the excavation.

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.

BASEMENT

A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building. A basement shall not be included in computing the number of stories for the purpose of height regulations unless it is subdivided, rented, sold or leased for dwelling purposes.

BED AND BREAKFAST INN

An establishment operated in a private residence 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 directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot where the sign is located.

BLOCK

A tract of land bounded by streets or a combination of street, railroad or other rights-of-way, parks or other similar uses.

BOARD

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

BOARD

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

BOUNDARY ADJUSTMENT

The adjustment to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites. The adjustment can be accomplished by plat or deed and must be reviewed by the Community Development Department prior to recording with the Recorder of Deeds of St. Louis County. No new lots shall be created by a boundary adjustment or shall the lots be reduced below the minimum size and dimensions as required by the Zoning Code.

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 adjacent lot.

BUILDING

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

BUILDING BASE

The bottom of a building, including its foundation.

BUILDING CODE

Set of regulations affecting building design and construction.

BUILDING FOOTPRINT

The outline of a horizontal section of the structure, usually at the ground plane.

BUILDING HEIGHT

The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of a 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 LINE

The line nearest the front of and across a lot, delineating the required yard from the front lot line.

BUILDING/SITE RELATIONS

The interactive relationships between a building and the site it occupies.

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

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

1. Size or height of 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 USE

Use of land or buildings for office (including medical), office park, 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 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.

CEMETERY

Lands used for the internment of the dead, including mausoleums, graves, columbarium, related sales and maintenance facilities, and a mortuary or funeral chapel.

CHANGEABLE COPY PANEL

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

CHANNEL

A natural or manmade device, creek or waterway for conveying flowing surface water.

CHILD CARE

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

CHURCH

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

CITY

The City of Fenton.

CITY OFFICIALS

Mayor, Board of Aldermen and/or personnel authorized by them.

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 places of worship or assembly.

COLLEGES AND UNIVERSITIES

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

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.

COMMERCIAL USE

A use that is connected with or furthers an ongoing profit-making activity.

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.

COMMISSION

The Planning and Zoning Commission of the City of Fenton.

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 playgrounds.

COMPACTION

Action that tends to lower the void ration and increase the density of a soil mass; generally refers to compacting it into a lesser volume.

COMPREHENSIVE DEVELOPMENT PLAN

The Master City Plan or Master Comprehensive Plan adopted by the Commission which addresses future needs and the specific future uses of land within the City of Fenton.

CONFORMING USE

Uses which are in compliance with the applicable provisions of this Code.

CONSERVATION PLAN

A plan that illustrates the procedure for preserving trees and/or other natural areas within a site development plan.

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.

CONSTRUCTION PLAN

Plan of a building or site showing the position, form, dimensions and other required data for proposed construction.

CONTOURS

Lines on a site plan which represent points of the same elevation as referenced to a ground surface.

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 Missouri Department of Health and Senior Services, the process by which a person, business or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.

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 FACILITY

A building operated by an establishment who holds itself out as providing child care for more than four (4) children during the daytime, for compensation or otherwise, except those operated by a school system or in connection with an establishment which provides child care as a convenience for its customers or its employees, but a day care facility shall not include any private or religious organization academic preschool or kindergarten, a home school, a weekly Sunday or Sabbath school, a vacation Bible school or child care made available while the parents or guardians are attending worship services, or other meetings and activities conducted or sponsored by a religious organization. A Day Care Facility shall not be located in a dwelling.

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 and attached to a wall.

DEDICATION

The allocation of land within development for non-development purposes related to the community's residents or those of the development. This type of dedication will usually, include, but is not limited to, bike trails, parks, lakes or common ground.

DENSITY

The amount of something per unit area measure. Habitation units per square feet of area.

DEPARTMENT

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

DETACHED

As applied to buildings, "detached" means surrounded by yards on the same lot as the primary structure.

DETENTION POND

A drainage facility consisting of a customarily dry basin designed to accept and hold stormwater and release it gradually at no greater rate than the pre-development flow rate (or other approved release rate) to prevent flooding of adjacent land and reduce stream erosion. (Also see Retention Pond.)

DEVELOPER

Commonly known as the person or company responsible for the change in development of the land.

DEVELOPMENT

To erect any structure or to install any improvements on a tract of land or to undertake any activity such as grading or site preparation for the purpose of occupancy.

DIMENSIONS

Refers to both lot depth and lot width measured to the nearest foot or inch.

DIRECTOR

The Community Development Director or other official, as appointed by the Mayor of Fenton with the approval and consent of the Board of Aldermen to administer this Code, or their delegated representative.

DIRECTOR

The Community Improvement Director or his/her designee or official acting in such capacity.

DIRECTOR

For the purpose of this Sign Regulations Chapter, Director shall mean Community Development Director or his/her designee.

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 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.

DISTILLERY

An establishment that produces alcoholic beverages through distillation in quantities not to exceed five thousand (5,000.00) gallons per year and 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 of the City of Fenton wherein certain uniform requirements or various combinations thereof apply to structures, lots and land uses under the terms of this Code.

DITCH

An open channel conveying surface water flow with side slopes of 6:1 or steeper (not to exceed 3:1).

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 a garage or off-street parking area.

DWELLING

Any building or portion thereof used exclusively for human habitations, except hotels, nursing homes, or house trailers. The following words or terms associated with dwelling shall have the following meanings:
APARTMENT – A room or suite of rooms in a building intended or designed for use as a single dwelling unit, provided with separate cooking and sanitary facilities.
CONDOMINIUM – A dwelling unit in a multi-family building in which a person has both separate ownership of a unit and a common interest, along with the Condominium’s other owners, in the common areas.
LOFT – A dwelling located above the first floor of a non-residential use such as a store or office.
DWELLING, MULTIPLE-FAMILY – A building or portion thereof designed exclusively for three (3) or more families.
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 Chapter a Group Home and Foster Home shall be included in the definition of a single-family home.
DWELLING, SINGLE-FAMILY ATTACHED – Two (2) single-family dwellings sharing common wall areas, each dwelling having its own lot.
DWELLING, TWO-FAMILY – A building designed for or occupied exclusively by two (2) families living independently of each other and being on a single lot.

DWELLING UNIT

One (1) room or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as a 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 mixed-use Building.

DWELLING, 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.

DWELLING, CONDOMINIUM

A dwelling unit in a multi-family building in which a person has both separate ownership of a unit and a common interest, along with the Condominium’s other owners, in the common areas.

DWELLING, LOFT

A dwelling located above the first floor of a non-residential use such as a store or office.

DWELLING, MULTIPLE-FAMILY

A building or portion thereof designed exclusively for three (3) or more families.

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 Chapter a group home and foster home shall be included in the definition of a single-family home.

DWELLING, SINGLE-FAMILY ATTACHED

Two (2) or more 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.

EASEMENT

A right to use another person's real property for certain limited purposes. Such examples include road or utility maintenance/improvement granted by property owner to City, County, State for the purpose of maintenance, improvements or widening.

EDUCATIONAL FACILITY

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

ACADEMIC SCHOOL – Any private or publicly-owned and operated institution providing academic instruction for students from pre-school up to and including 12th grade.
COLLEGES AND UNIVERSITIES – Any private or publicly-owned and operated institution of higher education, not including vocational and technical schools.
VOCATIONAL AND TECHNICAL SCHOOL – A facility that focuses on skills training for particular jobs or career fields, rather than on academics in the liberal arts. Programs at these schools typically last one (1) to two (2) years full-time, although students may attend part-time, and students may obtain diplomas, certificates, or associate degrees, depending on the length of the program.
TUTORING AND TEST PREPARATION CENTER – A private facility that focuses on teaching academic skills.

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.

ENGINEER

The duly designated engineer for the City.

ENLARGE

To increase the size such as floor area or height of an existing principal structure or accessory use. Also can include devoting more land to an existing use.

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 Chapter, Adult Theater, Adult Arcade and Adult Cabaret as defined in Section 456.010, shall not be included in the definition of Entertainment Facility or Theater.

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.

EQUIPMENT

The tools, stock or apparatus of a business used only in doing business. Not for sale, promotion or storage.

ERECT

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

EROSION

Progressive loss of a soil mass usually due to or by flowing water.

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 primary business purposes for a fee, tip or other consideration.

ESTABLISHMENT

Any of the following:

1. The opening or commencement of a sexually-oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;
3. The addition of any sexually-oriented business to any other existing sexually-oriented business; or
4. The relocation of any sexually-oriented business.

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 Chapter and is:

A. Existing prior to the date of all applicable permit applications seeking City authorization for installation of such facilities thereon; and
B. Not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure.

F.E.M.A.

Federal Emergency Management Agency. An office of the Federal Government that deals with flood impact management.

FAA

The Federal Aviation Administration.

FABRICATION

A method, operation, or series of actions intended to some new and useful end or result by changing a material’s chemical or physical characteristics.

FACADE

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

FAMILY

One (1) or more persons who are related by blood, marriage or adoption (including foster care), living together and occupying a single 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 use for the sale of products on-site.

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 ft3) 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 with the consent of the owner on an Existing Structure or Utility Pole, or concealed within or on a replacement Utility Pole if the appearance is not materially altered and the Existing Structure or Utility Pole is no more than five (5) feet taller;
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 functioning as a boundary or barrier made of post, wire or rails. Fencing materials may include wood, plastic or other synthetic materials, woven fabric, chain-link or masonry elements.

FENCING, BLIND

Fencing which is used to block or shield the visibility of outdoor storage of equipment or materials including storage containers from the street and property immediately adjacent to the subject site.

FENCING, CHAIN-LINK

A series of interlinked (open mesh) metal links of thick (or heavy) gauge wire supported by metal posts used to confine, restrain or secure.

FILL

Buildup of the site surface above the original grade. Soil deposit produced by other than natural effects.

FILLING STATION

Any structure or premises used for dispensing of or sale at retail of vehicle fuels or lubricants. This shall include lubrication of vehicles and replacement or installation of minor parts and accessories. This does not include establishments primarily engaged in major repair work such as engine replacement, body and fender repair and/or spraypainting.

FINAL PLAT

A complete and exact plan of subdivision prepared for official recording as required by law.

FINANCIAL INSTITUTION

A State or Federally chartered bank, savings association, credit union or industrial land company located in a building 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-up units on the same premises, 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.

FLOOD ELEVATION

The water surfaces elevation of the most severe flood that on the basis of Corps of Engineers' data may be expected to occur once every one hundred (100) years. (Also known as the "100-year" flood.)

FLOOD HAZARD BOUNDARY MAP (FHBM) and FLOOD INSURANCE RATE MAP (FIRM)

An official map of the City of Fenton on which the Flood Insurance Study has delineated the flood hazard boundaries and the zoning establishing insurance rates applicable to the City within these boundaries.

FLOOD INSURANCE STUDY

An official report provided by the Federal Insurance Administration containing flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOR AREA

The term "floor area" as referenced in this Chapter as a measurement for determining the required number of parking and/or loading spaces shall mean the floor area as measured from the inside face of exterior building walls or center of building 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.

FREEWAY

A roadway solely devoted to vehicular traffic, with no parallel walks, crossed by totally grade-separated intersections at wide intervals and having no frontage access.

FRONT

When used in relation to a building, the facade on which the main entrance to the building is located or which faces the main street adjacent to the building.

FRONTAGE

The lineal extent of the front or street side of a lot.

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, provided that no business, occupation or service is conducted for profit therein or that space therein for more than one (1) car is leased to a non-resident of the premises.

GARAGE (PUBLIC)

Any garage that is not classified as a private garage and is used for inside storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. However, a "public garage" shall not be used for the storage of dismantled motor vehicles.

GARAGE (STORAGE)

Any building or premises, except those used as a private garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles.

GENERAL SERVICE CONTRACTOR

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

GOVERNMENT ADMINISTRATIVE BUILDING

A building in which government affairs, predominantly administrative, professional, clerical or other services, are performed and which is designed to serve patrons at the site or to encourage patrons to walk up or park and leave their vehicles briefly to handle governmental business or affairs. Typical uses include fire stations, Police sub-stations, and City Hall.

GRADE

Elevation of the ground surface at some location which is often qualified as the original grade and/or the finished grade. This definition also includes slope of the ground surface (angle from the horizontal) at some location, commonly called gradient.

GRAFFITI

A hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a 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 the premises;
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 the premises;
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 COVER

Anything besides soil used to produce a site surface; usually refers to surface-spreading plants, such as grass or ivy.

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.

HARDSHIP

A condition caused by peculiar characteristics of a tract of land which prevents strict compliance with these regulations; does not include personal or economic disadvantages or self-created conditions.

HEALING ARTS ESTABLISHMENT

An establishment providing health treatments or therapy generally not performed by a medical doctor or physician such as physical therapy, massage, acupuncture, aromatherapy, audiology, and 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.

HOLIDAY DISPLAYS

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

HOME OCCUPATION

An activity conducted in a dwelling unit or an accessory building or structure of a dwelling unit as an economic enterprise or for financial gain by members of the household residing therein that is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

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 quarter 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 guestroom 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 quarter 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 guestroom 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.

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.

IMPROVEMENTS

Grading, sanitary and storm sewer, water mains, pavements, curbs and gutters, sidewalks, road signs, lights, trees and other appropriate actions 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 OR BUSINESS PARK

A tract of land which is planned as a whole for use by businesses with large lot sizes for planned expansion of each business. These businesses will normally own or control individual lots within the development tract. They will by virtue of such unified planning and development receive greater amenities and/or lower individual development costs. A "park" may contain one (1) type of use or a variety of uses within its zoning class.

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, meatpacking or rendering, sulphur plants, rubber reclamation plants or cement plants, steel or any other metal mills, foundry or smelters, and those general uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke or noise.

INDUSTRIAL, LIGHT

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

INSTITUTION

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

INTERSECTION

The point at which two (2) or more public rights-of-way meet.

LANDSCAPING

Changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put.

LIQUOR STORE

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

LOADING SPACE

An off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOT

A platted parcel of land intended to be separately owned, developed and otherwise used as a unit. The word lot shall include the word "plot," "tract" or "parcel." The derivations of a lot shall maintain the following definitions.

LOT AREA – The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT, CORNER – A lot, or portion thereof, situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five degrees (135º).
LOT DEPTH – The average distances between the front and rear lot lines.
LOT, FLAG – A residential lot with two (2) discernible portions described as follows:

1. ACCESS PORTION – That portion of the lot having frontage on or abutting a public road, with the frontage being sufficient in width for a private drive to serve the building site portion.
2. BUILDING SITE PORTION – That portion of the lot not fronting on or abutting a public road, but connected to a public road by the access portion of the lot.

LOT, INTERIOR – Any lot other than a through or corner lot.
LOT, THROUGH – A lot other than a corner lot which has a street on two (2) opposite sides of the lot (Also known as a "double-frontage" lot).
LOT WIDTH – The horizontal distance between the lot lines perpendicular to the front lot line measured along the building line.

LOT LINE

A line dividing one (1) lot from another, or from a public or private street right-of-way or any other public right-of-way (also see Property Line). The derivations or modifications of a lot line shall maintain the following definitions:

LOT LINE, FRONT – The line separating the lot from the right-of-way of the street on 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 be established as a side lot line in lieu of the rear lot line. On through lots in the Residential District, 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.
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.

LOT OF RECORD

A lot shown upon a plan of a subdivision or upon a plat which is attached to or to which reference is made on a deed recorded in the Office of the Recorder of Deeds of St. Louis County.

LOT-BY-LOT DEVELOPMENT

The conventional approach to development in which each lot is treated as a separate development unit conforming to all land-use, density and bulk requirements of the zoning district.

M.S.D.

The Metropolitan St. Louis Sewer District.

MAJOR ARTERIAL OR HIGHWAY

Major activity streets which connect population concentrations and provide rapid vehicular travel between Cities and development areas.

MARIJUANA OR MARIHUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute Marijuana, as well as resin extracted from the plant and Marijuana-Infused Products. “Marijuana” or “Marihuana” do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.

MARIJUANA-INFUSED PRODUCTS

Products that are infused with Marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.

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, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

MAXIMUM

Qualification as the most extensive or the most that will be allowed.

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 MARIJUANA BUSINESS

A Medical Marijuana business shall be defined as 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 of Health and Senior Services for the State of Missouri.

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell Marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility, Medical Marijuana-Infused Products Manufacturing Facility.

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver Marijuana, Marijuana-Infused Products, and drug paraphernalia used to Administer Marijuana as provided by the State of Missouri solely pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution to a Qualifying Patient, a Primary Caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility.

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 State of Missouri to acquire, store, manufacture, transport, and sell Marijuana-Infused Products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.

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 drug paraphernalia used to Administer Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient’s qualifying medical condition as defined in Missouri State law.

MINIMAL

Qualification as the least favorable or the least that can be expected for a given situation.

MIXED USE

The Development of a Lot, tract or parcel of land, Building or Structure with two (2) or more different Uses, including, but not limited to, residential, office, retail, public uses, personal service or entertainment uses (but not including accessory uses), designed, planned and constructed as a unit.

MODULAR UNIT

Factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.

MOTEL

See HOTEL

MULTI-FAMILY COMPLEX

One (1) or more buildings containing a minimum of three (3) or more independent dwelling units per building.

MUSEUM

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

NON-CONFORMING USE OR STRUCTURE

A building, structure or use of land existing at the time of enactment of this Code and which does not conform to the regulations of the district or zone in which it is situated.

NURSERY

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

NURSING HOME

Any premises, other than a hospital or residential substance abuse treatment center, which provides twenty-four (24) 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, or the sale of merchandise, except as accessory 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.

OPTIMAL

Qualification as the most favorable or the most that can be expected for a given situation.

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 exterior wall 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 roadways. The equipment and materials stored outdoors must be a necessary and integral function in the operation of the business on the premises, 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. Such storage devices are not customarily used to transport goods, equipment, or material.

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

The temporary storage of properly licensed vehicles or equipment capable of traveling on the public roadways.

PARKING AREA (INCLUDES LOT or OFF-STREET PARKING)

Land that is improved in accordance with this Code and used primarily for the storage of passenger motor vehicles. An "off-street parking area," depending on the circumstances of its use, may be either a principal use or an accessory use.

PARKING LOT

Any building, structure or parcel of land regularly used, in whole or in part, for the storing or off-street parking, including aisles, of more than three (3) motor-driven vehicles, except this shall not be deemed to apply or be applicable to the following buildings, structures or parcels of land:

1. A parking area used for dead storage of new or used motor-driven vehicles held by a licensed franchise dealer, agent or manufacturer for sale, lease or rent;
2. A parking area used for the temporary storage of construction equipment including truck and hauling trailers used in support of approved and permitted site development. Such equipment and trailers shall be no closer than twenty (20) feet from any property line and shall be removed within fourteen (14) days after completion of construction. In the event that substantial work or construction has not commenced or ceases during development following the issuance of a building permit, the construction equipment and trailers shall be removed within thirty (30) days;
3. A parking area attached to a motor-driven vehicle repair shop where motor-driven vehicles are stored awaiting repair; and
4. A parking area used for the storage of truck trailers, hauling trailers or other wheeled rental equipment that is not self-propelled. Such parking area must be paved with asphaltic concrete, Portland cement concrete or other approved material, but not necessarily striped according to the parking table. The striping must be approved by the Community Development Department.

PARKING SPACE

An area surfaced with asphaltic concrete, Portland cement concrete or other approved material, properly graded for drainage, enclosed in the main building or in an accessory building or an unenclosed area.

PARKING STALL

Area assigned to a single vehicle for parking.

PARKING STRUCTURE

Any building 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.

City of Fenton, MO

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