Crestwood - Definitions

ABUTTING

Having a common border with, or being separated from such a common border by, a right-of-way, alley or easement.

ACCESSORY BUILDING

A subordinate building having a use customarily incidental to, and located on the lot occupied by the main building. A building housing an accessory use is considered an integral part of the main 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 main building. For the purposes of this article, items such as basketball goals and uprights, bird baths, swing sets, and landscaping related site amenities such as benches, yard lighting, statuary and landscape timbers used to define yard areas shall not be considered accessory buildings for the purpose of yard requirements.

ACCESSORY USE

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

ALLEY

A minor public or private right-of-way shown on a plat, providing secondary vehicular access to the rear or side of a lot, block, or parcel of land otherwise abutting a street.

ALTERATION

Any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building.

ANTENNA

Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, wireless communications services, and similar forms of communications. The term shall exclude satellite earth station antennas less than six feet in diameter (mounted within 12 feet of the ground or building mounted) and any receive-only home television antenna.

AS-BUILT DRAWINGS

Improvement plans revised to show improvements as they were actually installed, including horizontal and vertical location of underground utilities and other underground facilities.

AS-BUILT PLANS

Construction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.

ATRIUM

An open public area within a building established principally for aesthetic purposes.

AUTOMOBILE (AUTOMOTIVE)

As used herein, the term includes passenger cars, motorcycles, vans, trucks, and recreational vehicles.

BASE FLOOD

The flood elevation having a one-percent chance of being equalled or exceeded in any given year.

BASEMENT

A floored and walled substructure of a building at least 50% below the average finished grade of the building.

BENCHMARK

A definite point of known location and elevation, and set with a permanent monument. The identity and elevation shall be based on United States Geological Survey (USGS) datum. Benchmarks established by the 1981 Metropolitan St. Louis Sewer District (MSD) benchmark loop system, and official additions thereto, or the Missouri Highway and Transportation Department (MHTD) are acceptable benchmarks.

BLOCK

An area of land that is entirely bounded by streets, highways, or right-of-way, except alleys, or between streets, highways, streams, parks, etc., or any other barrier, or combination thereof, to the continuity of development.

BUFFER

With respect to a stream, a natural or enhanced vegetated area (established by Subsection 26-455(a)(1) below), lying adjacent to the stream.

BUFFER, PERIMETER LANDSCAPE

A continuous area of land set aside along the perimeter of a lot in which plant materials may be used to provide a transition between, and to reduce the environmental, aesthetic, and other impacts of, one type of land use upon another.

BUILDING

(See "structure")

BUILDING COVERAGE

The proportion of the lot area, expressed as a percent that is covered by the maximum horizontal cross-section of a building or buildings.

BUILDING HEIGHT

The vertical distance from the average finished grade abutting a building or structure to the highest point of the roof of a building or highest point of any permanent part of a structure other than a building.

BUILDING LINE

See setback.

CABINET

A structure for the protection and security of communications equipment associated with one or more antennas where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four feet by six feet.

CALIPER

The thickness (diameter) of a tree trunk.

CANOPY TREE

A self-supporting woody plant or species normally growing in the St. Louis metropolitan area to a mature height of not less than 20 feet and a mature spread of not less than 15 feet.

CARPORT

An open-sided shelter designed primarily for parked motor vehicles, whether attached to a house or detached. A carport may have as many as three walls, or as few as none.

CEMETERY

A place for burial of the dead, including crematory facilities as an accessory use.

CLUB, PRIVATE

A building or premises used for social, recreational, dining or philanthropic proposes the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.

COLLOCATION

The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.

COMMON GROUND

Natural or landscaped open space within or related to a development, not in individually owned lots, designed and intended for siting common facilities (e.g., recreation facilities and storm drainage detention facilities) and for the common use of the residents and property owners of the development. Common ground is intended to be synonymous with common open space, common land, and common area when used in the appropriate context.

COMMUNITY CENTER

A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood.

CONDOMINIUM

A form of property ownership occurring in accordance with the Uniform Condominium Act, Chapter 448, Revised Statutes of Missouri.

CONSTRUCTION PLANS

The engineering drawings showing types of materials and construction details for physical structures and facilities.

CONVENIENCE STORE

A retail establishment having a gross floor area of 5,000 square feet or less, primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets.

CORNER LOT

See lot, corner.

CULTIVAR

An assemblage of cultivated plants which is clearly distinguished by any characters (morphological, physiological, cytological or chemical) and which, when reproduced (sexually or asexually), retains its distinguishing characteristics.

CULTIVATED LANDSCAPE AREA

Planted areas that receive routine maintenance, such as mowing, irrigating, pruning, fertilizing, and similar routine maintenance, so as to ensure healthy plants and a well-kept appearance.

CURB LEVEL

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

DENSITY

The number of dwelling units per acre of gross land area.

DEVELOPER

A person, firm or corporation undertaking land development activity, including the subdivision of land and other improvements to land pursuant to the requirements of this article.

DEVELOPMENT

All structures and other modifications of the natural landscape, above and below ground on a particular site, including, but not limited to, grading, removal of trees, paving, installation of utilities, or the erection of structures.

DEVELOPMENT, PLANNED

Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building location, landscaping, and the like. A planned development includes provisions for the operation and maintenance of common areas, facilities, and improvements that are for use by the occupants of the planned development, but which will not be provided, operated, or maintained at public expense.

DIRECTOR

The Director of Public Works of the City or his or her designee.

DISGUISED SUPPORT STRUCTURE

Any freestanding, man-made structure designed for the support of wireless facilities, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, observation towers, pylon signs, water towers, light standards, flag poles and artificial trees.

DOUBLE FRONTAGE LOT

See lot, through.

DRIP LINE

A vertical line extending from the outermost branch tips of a tree to the finished grade below.

DRIVE-IN or DRIVE-THROUGH ESTABLISHMENTS

Any business so developed that its retail or services character is dependent upon serving patrons who remain in their motor vehicles in a driveway or parking spaces.

DWELLING

A building or portion thereof, designed exclusively for residential occupancy.

DWELLING, MULTIPLE-FAMILY

A building or portion thereof, arranged, intended or designed for occupancy by two or more families.

DWELLING, SINGLE-FAMILY

A detached building arranged, intended, or designed for occupancy by one family. For the purpose of this article, single-family dwelling shall include any not-for-profit home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

DWELLING, SINGLE-FAMILY ATTACHED

Two or more single-family dwellings sharing common wall areas, each on its own individual lot.

EASEMENT

A grant of one or more of the property rights by a property owner to, or for use by, the public, a corporation, or another person or entity for a specific purpose (e.g., for utility lines or ingress/egress).

ENGINEER

A professional engineer registered in the state.

ENGINEER, REGISTERED

A professional engineer registered in the State of Missouri.

EXCAVATION

Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.

FAA

The Federal Aviation Commission.

FAMILY

An individual or any number of related persons, or a group of not more than three unrelated persons, or two unrelated non-transient adults and their dependents, including foster children, living together as a single nonprofit housekeeping unit, sharing a common kitchen facility, but not including group quarters such as dormitories, fraternities, sororities, motels, hotels, rooming houses or boarding houses.

FARM

A parcel of land used for commercially growing or raising agricultural products, including related structures thereon.

FAST FOOD RESTAURANT

Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume servings, for consumption either within the restaurant building or for carry-out, and where either:

(a) Foods or beverages are usually served in edible containers or in paper, plastic, or other disposable containers, or where customers are not served their food or beverages of any type by a restaurant employee at the same table or counter where the items are consumed, or
(b) The establishment includes a drive-up or drive-through service facility or offers curb service.

FCC

The Federal Communications Commission.

FILL

Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.

FLAG LOT

See lot, flag.

FLOODPLAIN

Any land area susceptible to flooding, which would have at least a 1% probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

FLOODPLAIN

That area within the City subject to a one-percent, or greater, chance of flooding in any given year, as defined by the U.S. Army Corps of Engineers and The National Flood Insurance Act.

FLOODWAY

That area derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR AREA, GROSS

The sum of the gross horizontal area of all floors of a building including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except first floor area, rooftop mechanical equipment enclosures, and the enclosed mall areas of shopping centers.

FRONTAGE

The length of the property abutting on one side of a street measured along the dividing line between the property and the street right-of-way.

GARAGE

An enclosed building primarily designed for motor vehicles. A garage can either be attached to the main house or detached and surrounded by open space.

GASOLINE STATION (SERVICE STATION)

Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not engaged in major repair work such as engine replacement, body and fender repair, or spray painting.

GRADE

See slope.

GRADING

Excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill.

GRADING PERMIT

A permit allowing the commencement of grading, excavation, or filling of land, but not permitting installation of site or building improvements requiring an improvements construction permit or a building permit.

GROUND COVER

Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

GYMNASIUM

A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

HEDGE

A landscape barrier consisting of a continuous, dense planting of woody vegetation which may be either composed of trees or shrubs.

HEIGHT

The vertical distance measured from the base of the structure at mean ground level to its highest point and including the main structure and all attachments thereto. Mean ground level shall be determined by the average elevation of the natural ground level within a radius of 50 feet from the center location of measurement.

HEIGHT OF BUILDINGS AND STRUCTURES

(See "building height.")

HELIPORT

A facility for the servicing, take-off, and landing of helicopters.

HOME OCCUPATION

A domestic activity carried on by members of a family residing on the premises, but excluding beauty shops, barber shops, music schools, convalescent or nursing homes, tourist homes, massage or other establishments offering services to the general public (except as provided herein), and providing that there are no signs nor any display that will indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than that of a dwelling; providing, also, that there is no stock in trade or commodity sold upon the premises, no person is employed other than a member of the family residing on the premises, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. The care and supervision of not more than four children other than those residing on the premises shall be considered a permitted home occupation. An existing home occupation child care provider can exceed the four-child limit, to a maximum of six, only where additional children are siblings of one or more of the children then being kept. Any state requirement applicable to the number of children being kept shall be complied with. If state requirements conflict with the limitations of this article, the expansion or modification will not be allowed.

HOMEOWNERS ASSOCIATION

See subdivision association.

HOSPITAL

An institution providing medical and surgical care for humans only, for both in- and outpatients, including medical service, training, and research facilities, but excluding residential or outpatient facilities for the treatment of alcohol and other drug abuse.

HOTEL or MOTOR HOTEL (MOTEL)

A building in which lodging is provided to the public, usually on a transient basis.

IMPERVIOUS COVER

Any man-made paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.

IMPROVEMENT PLANS

The engineering and landscape design drawings and specifications indicating types of materials, location, and construction details for the improvements associated with a subdivision or other land development.

IMPROVEMENTS

Street pavement, sidewalk pavement, pedestrian way pavement, water mains, storm sewer facilities, sanitary sewer facilities, signs, survey monuments, landscaping, street lighting, and similar items, as distinguished from buildings and other structures requiring building permits for the erection thereof.

IMPROVEMENTS CONSTRUCTION PERMIT

A permit allowing the installation of improvements, in connection with the development of a subdivision or other land development.

INCOMPATIBILITY OF LAND USES

A conflict situation arising from the proximity or direct association of contradictory, incongruous, or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation, and similar environmental conditions.

IRRIGATION SYSTEM

A permanent, artificial watering system installed below grade designed to transport and distribute controlled amounts of water to plants.

JUNK YARD

A parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or worn out materials, or manufactured products, any of which may or may not be reusable or salable.

LAND DEVELOPMENT

Any land change, including but not limited to clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

LAND DEVELOPMENT ACTIVITY(IES)

Those actions or activities which comprise, facilitate or result in land development.

LAND DEVELOPMENT STANDARDS

Standards established in the regulations of this article which provide minimum standards of design and construction of land improvements, such as streets, sidewalks, utilities, grading, lighting, and similar improvements.

LAND DISTURBANCE

Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

LAND DISTURBANCE ACTIVITY(IES)

Those actions or activities which comprise, facilitate or result in land disturbance.

LAND SURVEYOR

A land surveyor registered in the State of Missouri.

LANDSCAPE AMENITIES

Any combination of nonliving landscape material, such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials.

LANDSCAPE PLANTINGS

Any combination of living plants, such as grass, ground cover, shrubs, vines, hedges, or trees.

LAUNDROMAT

A business that provides washing, drying or ironing machines or professional type cleaning or pressing equipment for hire to be used by customers on the premises.

LOADING SPACE

A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.

LOT

A parcel of land intended to be separately owned, developed, and otherwise used as a unit.

LOT (PARCEL) OF RECORD

A lot which is part of a subdivision, the plat of which has been legally approved by the City and recorded in the office of the recorder of deeds of the county.

LOT LINE, FRONT

The boundary between a lot and the street right-of-way on which it fronts.

LOT LINE, REAR

The boundary line or lines opposite and most distant from the front street right-of-way line; except that in the case of uncertainty the Director of Public Works shall determine the rear line.

LOT LINE, SIDE

Any lot boundary line not a front or rear line thereof; a side line may be a part lot line, a line bordering on an alley or place or a side street right-of-way line.

LOT LINES

The lines bounding a lot as defined herein.

LOT LINES

The lines bounding a lot, as defined herein.

LOT WIDTH

The horizontal distance between side lot lines, measured at the front building line.

LOT, CORNER

A parcel of land abutting two road rights-of-way at their intersection.

LOT, COVERAGE

Lot coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and include all projections other than open porches, fire escapes, or the first three feet of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirement. The percent of lot coverage shall be computed as follows:

Percent of lot coverage = Square feet of ground coverage of all principal and accessory buildings divided by total square feet of lot area multiplied by 100

LOT, DOUBLE FRONTAGE

See lot, through.

LOT, FLAG

A lot with access provided to the bulk of the lot by a narrow corridor of property.

LOT, THROUGH

A lot having its front and rear yards each abutting on a street (also known as "double frontage" lot).

MALL

An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches, or other furnishings provided and with vehicular access prohibited, restricted, or reduced so as to emphasize pedestrian use.

MATERIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair as started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "material improvements" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

MATTRESS UPHOLSTERY, RETAIL

Retail sale of mattresses. For the purpose of such usage, mattress upholstery can be conducted, provided that the retail sale area occupies the frontage of the premises and not less than 25% of the floor area, and the total area of the premises does not exceed 5,000 square feet. All mattresses upholstered on site shall be offered for retail sale only at said location.

MEDICAL OR DENTAL OFFICE (CLINIC)

A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, and in-patient care and surgery, but not including operating rooms for major surgery or overnight care.

MONUMENT

A permanent land survey marker placed by a land surveyor in accordance with the current "Standards of Missouri Board for Architects, Professional Engineers and Land Surveyors and Department of Natural Resources."

MOTOR VEHICLE

A vehicle which is self-propelled and primarily used for the transportation of persons. Motor vehicles include, but are not limited to, passenger cars, vans, trucks, and motorcycles.

MOTOR-VEHICLE-ORIENTED BUSINESS

Any commercial use which, by design, type of operation, and nature of business, has as one of its functions, the provision of goods, merchandise or services to motorists or occupants of motor vehicles in a short time span for each, or the provision of goods, merchandise or services to the occupants of the motor vehicles while they remain in the vehicle. The list of businesses which constitute motor-vehicle-oriented businesses include convenience stores having a gross floor area of more than 1,000 square feet, gasoline service stations having convenience store facilities with a gross floor area of more than 1,000 square feet, drive-in banks, drive-in or drive-through restaurants, drive-in beverage sales, and car wash operations which are not accessory to an allowable use. This enumeration is not intended as an inclusive list of such businesses.

MULCH

Nonliving organic and synthetic materials customarily used in landscaping designed to retain moisture, stabilize soil temperatures, control weed growth, and retard erosion.

NONCONFORMING USE, BUILDING OR YARD

A use, building or yard existing legally at the time of the passage of this article, or any amendment thereto, which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated.

NONRESIDENTIAL SUBDIVISION OR DEVELOPMENT

A subdivision or unsubdivided development whose principal use is commercial or industrial in nature. A mixed residential/office use, developed under the provisions of the "MXD" zoning district provisions (as per § 26-168, Article IV, Zoning), shall be considered a nonresidential development for purposes of this article.

NURSING HOME

A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care, licensed by the state.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

OFFICE/WAREHOUSE

A building(s) whereby the principal uses are split between office use and warehouse/distribution uses and where the office use occupies the predominant building frontage along the side edge which faces the most primary street and where the office use constitutes not less than 25% and not more than 50% of the entire building.

OFF-SITE

Any premises not located within the property to be subdivided or developed, whether or not in the same ownership of the developer requesting approval of the subdivision or development.

OPEN STORAGE

Storage of material or goods on the ground or platforms outside of a building.

OWNER

Any person, agent, firm or corporation having a legal or equitable interest in the property.

PARCEL

Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

PARCEL (TRACT) OF LAND

A separately designated area of land delineated by identifiable legally recorded boundary lines, which may or may not be a lot of record.

PARKING AREA

An area of land used or intended for off-street parking facilities for motor vehicles.

PARKING SPACE

A usable space, durably paved and properly graded for drainage, enclosed in a main building or in an accessory building, or unenclosed, which is reserved for the temporary storage of one vehicle, and connected to a street, alley, or other designated roadway by a paved aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Division 7, Off-street parking and loading requirements.

PAVE (PAVEMENT)

The act or result of applying a hard, all-weather watertight material to any ground surface in such manner as to present a uniform surface in accordance with City standards.

PEDESTRIAN WAY

An improvement pathway designed to separate pedestrian traffic from vehicular traffic or otherwise provide for pedestrian traffic circulation on-site. For purposes of this chapter, "pedestrian way" does not include sidewalks.

PERMIT

The permit issued by the City required for undertaking any land development activity.

PERSON

Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, City, county or other political subdivision of the state, any interstate body or any other legal entity.

PERSON

A corporation, firm, partnership, association, organization and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word "person" is used in any section of this article prescribing a penalty or fine as to partnership or association, the word shall include the partners or members thereof, and, as to corporation, it shall include the officer, agents or members thereof who are responsible for any violation of such section.

PLANNING COMMISSION

The officially appointed Planning, Zoning and Architectural Review Commission of the City.

PLANNING, ZONING AND ARCHITECTURAL REVIEW COMMISSION

The officially appointed Planning, Zoning and Architectural Review Commission of the City; the term may be abbreviated in this article as the "Planning Commission."

PLANT COMMUNITY

A natural association of plants that are dominated by one or more prominent species, or a characteristic physical attribute.

PLANT NURSERY

A farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation.

PLAT

A subdivision of land legally approved.

PLAT

A scaled map, plan, or layout of a tract indicating the subdivision of such tract in accordance with the requirements of this article.

PRIVATE STREET

See street, private.

PROPERTY LINE

The legally recorded boundary of a lot, tract, or other parcel of land.

PROTECTION AREA, or STREAM PROTECTION AREA

With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

PUBLIC USE AREAS

Public parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings, and other areas dedicated to public use.

PUBLIC UTILITY FACILITY, LOCAL

A public utility facility serving a local area only, such as an electric substation; a water or gas pumping or regulating station; telephone switching center; cable television distribution station; or other similar ground-mounted equipment.

RECREATIONAL VEHICLE

A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes; and the term as used herein shall also include motorcycles, all-terrain vehicles, and trailers to include, but not be limited to, boat, motorcycle and utility trailers, and such other vehicles as may be registered as a recreational vehicles by the state.

REPLACEMENT

Includes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.

RESIDENCE

A building which is designed or used exclusively for residential purposes, except hotels and motels.

RIGHT-OF-WAY

A strip of land reserved or acquired by dedication, prescription, condemnation, gift, purchase, or any other legal means occupied or intended to be occupied by a street, sidewalk, railroad, utility, sewer, or other similar use.

RIPARIAN

Belonging or related to the bank of a river, stream, lake, pond or impoundment.

SCHOOLS, NURSERY/PRE-PRIMARY/DAY CARE

A place which provides shelter and personal care on a regular basis for five or more preschool children who are not related within the third degree computed according to civil law to the operator, for four or more hours per day, whether such place be organized or operated for profit or not. In the case of nursery school, children are primarily between the ages of three and five.

SETBACK

With respect to a stream, the area established by § 26-455(a)(2) extending beyond any buffer applicable to the stream.

SETBACK (BUILDING LINE)

The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the applicable property line or right-of-way line within which no structure can be placed, unless otherwise provided for in Article IV, Zoning.

SETBACK (BUILDING LINE)

The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this article.

SHELTER

A building for the protection and security of communications equipment associated with one or more antenna(s) and where access to equipment is gained from the interior of a building.

SHOPPING CENTER

A group of retail stores, planned and developed for the site upon which they are built and managed as a unit with off-street parking provided on the property.

SHRUB

A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at its maturity.

SIDEWALK

An improved pathway, located within a street right-of-way or easement along such street, designed to separate pedestrian traffic from vehicular traffic on such street.

SIGHT DISTANCE TRIANGLE

The triangle area of a corner lot bound by the property lines and a line connecting the two points on the property lines 40 feet from the intersection of the property lines.

SITE

A tract of land upon which actual development exists or development is proposed.

SITE PLAN

A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major natural and man-made landscape features, off-street parking or loading spaces, and depending on requirements, the locations of proposed utility lines.

SITE-SPECIFIC PLANTING

The selection of plant materials which are particularly well-suited to withstand macro and micro climate conditions that are specific to that location.

SLOPE

The inclination from a horizontal reference line of the ground surface, and expressed by stating the horizontal distance relative to the amount of vertical rise or fall (e.g., two horizontal units to one vertical unit).

SPECIES

A unit or group of individual plants which bear a close resemblance to one another, ? so much that this particular group will not be mistaken for another group combined with it in the same genus.

STORY

That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is between the surface of a floor and the ceiling next above. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half story when between 50% and 75% of the area of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.

STREAM

Any stream, beginning at:

(a) All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for Missouri; or
(b) A point in the stream channel with a drainage area of 25 acres or more.

STREAM BANK

The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.

STREAM CHANNEL

The portion of a watercourse that contains the base flow of the stream.

STREET

A general term denoting a public or private way which affords the principal means of vehicular access to abutting property. The term includes all facilities which normally are found within a right-of-way. A street may be designated as a highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, court or other such terms, but shall not include pedestrianway or alley.

STREET

A general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court or other such terms but shall not include pedestrian way or alley.

STREET, COLLECTOR (NONRESIDENTIAL)

A street designed to carry traffic to/from the system of minor streets to/from the system of major streets; or a street located in any nonresidential zoning district, not including Watson Road or Sappington Road.

STREET, CUL-DE-SAC

A minor residential or nonresidential street, one end of which is closed, and consists of a circular turnaround.

STREET, MINOR (RESIDENTIAL)

A street which principally provides access to residential neighborhood properties, carries relatively low traffic volumes which are primarily generated within the immediate residential neighborhood, and is not designed or intended to serve as a collector street.

STREET, PRIVATE

Any street which is privately owned by owners in common (e.g., owners of lots in a subdivision development), and is used for vehicular traffic by the owners and those having express or implied permission from the owner.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls, columns, beams, or girder, or the addition of new electrical circuits or plumbing fixtures to the building.

STRUCTURE

That which is built or constructed, including, but not limited to, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open-grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground. For the purposes of this article, items such as basketball goals and uprights, bird baths, swingsets, and landscaping-related site amenities, such as benches, yard lighting, statuary and landscape timbers used to define yard areas, shall not be considered a structure for the purpose of yard requirements. For setback and/or yard requirement purposes, window wells, as defined in this section, shall not be considered as part of the structure.

STRUCTURE

That which is built or constructed, including, but not limited to, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.

SUBDIVISION

Either or both of (a) a division or redivision of a tract of land into two or more lots, or (b) the dedication or establishment of a street, alley, easement, or other public way in conjunction with or used in any such tract.

SUBDIVISION

The division of a parcel or tract of land into two or more lots of any size for the purpose of sale, lease, or development, whether immediate or future.

SUBDIVISION ASSOCIATION

A private, nonprofit association of property owners that operates and maintains various common properties of a subdivision or development.

SUBDIVISION, MAJOR

See § 26-57.

SUBDIVISION, MINOR

See § 26-58.

SUBSTANTIAL CHANGE IN LAND USE

(a) A change in land use that increases the intensity of land use; or (b) A change in land use that creates an incompatibility or increases the incompatibility between such change in land use and adjacent land use(s); (c) An increase in excess of 25% in the gross floor area of nonresidential buildings; or (d) An increase in the number of dwelling units.

SUBSTANTIAL CONSTRUCTION, DEVELOPMENT OR WORK

(a) In a project involving structures, the completion of excavation for footings and foundations.
(b) In a project involving no structures or insignificant structures, the completion of grading.

SUBSTANTIAL MODIFICATION

The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:

(a) Increases the existing vertical height of the structure by:

(1) More than 10%; or
(2) The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or

(b) Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than 20 feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
(c) Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four new equipment cabinets; or
(d) Increases the square footage of the existing equipment compound by more than 1,250 square feet.

TERMINAL

A depot building or area specifically designated for the storage or transfer of persons or material, or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.

TOPPING

The severe cutting back of limbs to stubs larger than three inches in diameter with the tree's crown to such degree so as to distort the normal canopy shape, thus disfiguring the tree.

TRACT

An area or parcel of land.

TRUST INDENTURE

Any recordable instrument by which common ground and improvements are held or maintained or which assessments in a subdivision are levied for the administration of specific maintenance obligations, or both.

UNDERSTORY PLANT MATERIAL

Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.

UNDERSTORY TREE

Any self-supporting woody perennial plant which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks in several species.

USE

The purpose or activity for which land or a building thereon is designed, arranged or intended, or for which it is maintained.

USE

The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

VARIETY

A term used in the botanical sense to constitute a group or class of plants subordinate to a species (e.g., subspecies).

VEHICLE REPAIR FACILITY

Any structure or premises conducting major vehicle repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, or spray painting, but not including tire recapping or vulcanizing, or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.

VEHICLE SERVICE CENTER

Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles, and minor engine repair such as tune-ups, and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers, and tail pipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing, or the storage of wrecked or damaged and immobilized vehicles.

VETERINARY CLINIC (ANIMAL HOSPITAL)

A facility for the practice of veterinary medicine.

VIABLE

When referring to a tree, shrub, or other type of plant, is a plant that, in the judgment of the Director of Public Works or his/her designated representative, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.

WAREHOUSE

A structure for use as a storage place for goods, materials or merchandise.

WINDOW WELL

A below-grade excavated area abutting the portion of a structure with an egress window capable of serving as an emergency escape and rescue opening, as defined by the Fire Prevention Code of the City of Crestwood.

WIRELESS COMMUNICATIONS SERVICE

Includes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301.

WIRELESS FACILITY

The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.

WIRELESS SUPPORT STRUCTURE

A structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.

YARD

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. Where lots abut a street, all yards abutting the street shall be measured from the street right-of-way.

YARD, FRONT

A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

YARD, REAR

A yard between the rear lot line and the rear line of the main building and the side lot lines.

YARD, SIDE

A yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.

ZONING DISTRICT

A district, established by Article IV, Zoning, wherein certain use and development regulations apply to the land located within the district.

City of Crestwood

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