City of Crestwood

100-YEAR FLOOD

See "base flood."

3-/4-PLEX

A residential building designed to accommodate up to four primary dwelling units in single-ownership in a neighborhood. Units are arranged to maintain an outward design and appearance as a detached house.

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 chapter, items such as basketball goals and uprights, fences, 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. Also see definition of "structure."

ACCESSORY DWELLING

A dwelling unit, either in a detached accessory structure, or included within a principal structure, that is located on the same lot as a detached house and is incidental to the principal use of the lot for a principal dwelling. Examples include a garage apartment, basement apartment, or second level/attic apartment.

ACCESSORY STRUCTURE

The same as "appurtenant structure."

ACCESSORY USE

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

ACTUARIAL RATES

See "risk premium rates."

ADA

Americans with Disabilities Act.

ADAAG

Americans with Disabilities Act Accessibility Guidelines.

ADMINISTRATOR

The Federal Insurance Administrator.

ADULT USES

See "sexually oriented businesses."

AGENCY

The Federal Emergency Management Agency (FEMA).

AGRICULTURAL COMMODITIES

Agricultural products and livestock.

AGRICULTURAL STRUCTURE

Any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.

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

As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress. This definition includes an enlargement or reduction of a building or structure, whether by moving a side or by changing the height. Also, the moving of a building or structure from one location or position to another is considered an alteration.

ANIMAL CARE OR CLINIC - GENERAL

A service use for the medical care of small domestic animals where outdoor pens or kennels are only used for exercise and recreational purposes, and no animals are kept outside. Examples include large veterinary offices, large grooming facilities, animal hospital, or commercial kennels.

ANIMAL CARE OR CLINIC - LIMITED

A service use for the medical care of small domestic animals where treatment rooms, cages, or pens are completely enclosed and soundproof, and where any boarding of animals is accessory to the principal use, and where the gross leasable area is under 2,500 square feet. Examples include a small veterinary office, small pet day care, or grooming facility.

ANIMATED SIGNS

Signs that flash or move or otherwise change at intervals more frequently than once each six seconds. Any sign that utilizes the appearance of movement using lighting to depict action or to create a special effect or scene. (Also see "electronic message centers.")

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.

ANTENNA

A metallic device having the primary purpose of sending and/or receiving electromagnetic radiation.

ANTENNA TOWER

Any fabrication or construction primarily designed or used for the support of one or more antenna; provided, however, that any fabrication or construction which is less than six feet in height shall not be considered to be an antenna tower.

APARTMENT COMPLEX

A grouping of apartment buildings in a common development arranged around an internal system of streets/internal access, walkways, and common open space.

APPEAL

A request for review of the Floodplain Administrator's interpretation of any provision of this article or a request for a variance.

APPURTENANT STRUCTURE

A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure and is 400 square feet or less when measured at the largest horizontal projections.

ARCHITECT

A professional architect registered in the State of Missouri.

AREA

That portion of the City which the Board of Aldermen has found or shall find to be blighted, following a public hearing thereon, so that the clearance, replanning, rehabilitation, or reconstruction thereof is necessary to effectuate the purposes of Chapter 353 and this article. Any such area may include buildings or improvements not in themselves blighted, and any real property, whether improved or unimproved, the inclusion of which is deemed necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such buildings, improvements or real property form a part.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.

AS-BUILT PLANS

Plans and other drawings that depict the actual as-constructed conditions of a property and its improvements. Also known as "record set."

ASSEMBLY - EVENT VENUE

Places of public assembly designed and located to serve community or civic needs of the City or region and typically designed for 1,001 or more. Examples include an auditorium or large event hall.

ASSEMBLY - EVENT VENUE, RELIGIOUS

Places of religious assembly designed and located to serve community or civic needs of the City or region and typically designed for 1,001 or more.

ASSEMBLY - LARGE

Places of public assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for 501 to 1,000 people. Examples include a community center or event hall.

ASSEMBLY - LARGE, RELIGIOUS

Places of religious assembly designed and located to serve community or civic needs of a broad vicinity with regular or periodic organized services or events, and typically designed for 501 to 1,000 people.

ASSEMBLY - LIMITED

Places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than 250 people at maximum occupancy. Examples include a neighborhood association clubhouse or meeting hall.

ASSEMBLY - LIMITED, RELIGIOUS

Places of religious assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s) with regular or periodic organized services or events, and typically designed for no more than 250 people at maximum occupancy.

ASSEMBLY - SMALL

Places of public assembly designed and located to serve community or civic needs of neighborhoods in the vicinity with regular or periodic organized services or events, and typically designed for 251 to 500 people. An example includes a small event hall.

ASSEMBLY - SMALL, RELIGIOUS

Places of religious assembly designed and located to serve community or civic needs of neighborhoods in the vicinity with regular or periodic organized services or events, and typically designed for 251 to 500 people.

ATRIUM

An open space within a building that connects two or more floors or levels.

ATTENTION-GETTING DEVICE

Any pennant, propeller, spinner, ribbon, streamer, searchlight, balloon, inflatable sign (static), figurine, statue, or other similar device or ornamentation designed to or having the effect of attracting the attention of potential customers or the general public. An attention-getting device shall be considered a sign and shall meet all requirements of this chapter for a sign.

AUTOMOBILE (AUTOMOTIVE)

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

AWNING OR CANOPY SIGN

Any sign attached to in any manner or otherwise made a part of any awning or awning-like structure, canopy, or other fabric, plastic, or structural protective cover which projects beyond a building or extends along and projects beyond the wall of the building, generally designed and constructed to provide protection from the weather.

BANNER

Any sign constructed of lightweight fabric or similar material. Flags shall not be considered banners.

BASE FLOOD

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

BASE FLOOD

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

BASEMENT

Any area of the structure having its floor subgrade (below ground level) on all sides.

BASEMENT

A floored and walled substructure of a building at least 50% below the average finished grade of the building. If more than 50% or five feet, whichever is greater, is exposed above the grade, the area is counted as a story in height regulations.

BEACON

Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

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 Department of Transportation (MODOT), or St. Louis County are acceptable benchmarks.

BILLBOARD

An outdoor sign advertising an article or product not manufactured, assembled, processed, repaired, or sold upon the premises upon which the sign is located or advertising a service not rendered upon the premises upon which the sign is located.

BIORETENTION/RAIN GARDEN

A landscaped area that lies below the level of its surroundings, designed to absorb and filter rainwater that runs off a surface using plant material, soils, and microbes.

BLIGHTED AREA

Those portions of the City which the Board of Aldermen shall determine that, by reason of the predominance of insanitary or unsafe conditions, deterioration of site improvements, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, or welfare in its present condition and use.

BLIGHTING ANALYSIS

A written analysis of the conditions of an area confirming that such area qualifies as a blighted area under Chapter 353 and this article.

BLOCK

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

BOARD

The Board of Aldermen of the City of Crestwood, Missouri.

BOX SIGN

A wall sign in which all components are contained within a frame and not composed of individual letters.

BUFFER

A stream, a natural or enhanced vegetated area (established by Subsection D of this section) 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, when measured six (6) inches above the ground for trees less than four (4) feet and twelve (12) inches above the ground for trees greater than four (4) feet.

CANOPY TREE

A self-supporting woody plant of a species normally growing in the St. Louis metropolitan area to a mature height of not less than twenty (20) feet and a mature spread of not less than fifteen (15) feet. Refer to landscape points chart provided herein for description of medium and large canopy tree sizes and characteristics.

CAR WASH ESTABLISHMENT

A facility primarily for the purpose of cleaning, washing, and/or waxing motor vehicles, such as passenger cars, trucks, and vans, and trailers, either by mechanical equipment with vehicles on a self-propelled wash rack, or where a patron washes a vehicle with a high-powered hose in a service bay.

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.

CHANGEABLE COPY SIGN

A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign (not including electronic message centers). A sign on which the message changes more than eight times per day shall be considered an animated sign or electronic message center and not a changeable copy sign for purposes of this article.

CHAPTER 353

Chapter 353 of the Missouri Revised Statutes, as same may be amended from time to time, and known as the "Urban Redevelopment Corporations Law."

CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL

The official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.

CITY

The City of Crestwood, Missouri.

CITY ATTORNEY

See §§ 2-54 and 2-55 of this Code. "City Attorney" may also refer to any special counsel hired by the City.

CLUB, PRIVATE

A building or premises used for social, recreational, dining, or philanthropic purposes, 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

Any state or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

COMMUNITY AND PUBLIC SERVICE

A civic use offering education, arts and cultural materials, or attractions for the general public, including exhibits and events; or offering administrative, social, tourism, or charitable services to the general public. Examples include museums, libraries, public safety, post office, or recreation centers.

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.

COMPREHENSIVE PLAN

The Comprehensive Plan for the City of Crestwood as adopted by the Planning Commission in accord with the provisions of Section 89.360, RSMo., and as may be updated or amended from time to time.

CONDOMINIUM

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

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 10,000 square feet or less, primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets. A convenience store may be paired with a gasoline station.

CORNER LOT

See "lot, corner."

CORPORATION

An urban redevelopment corporation organized and existing under and pursuant to the provisions of Chapter 353.

CRITICAL ROOT ZONE (CRZ)

The area of tree roots within the crown dripline. This zone is generally defined as the area underneath a tree's canopy, extending from the tree's trunk to a point no less than the furthest crown dripline.

CULTIVAR

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

CURB LEVEL

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

DENSITY

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

DETACHED HOUSE

A residential building designed as one primary dwelling unit in a neighborhood subdivision setting. Variations of this type are based primarily on lot size.

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 chapter.

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

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

DEVELOPMENT CONTRACT

That contract or agreement entered into between the City and a corporation pursuant to an approved development plan.

DEVELOPMENT PLAN

A plan completed in accordance with § 26-62 (Development plan contents) of this article and including a blighting analysis, together with any amendments thereto, for the redevelopment of all or any part of a blighted area.

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 locations, 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.

DIAMETER

The diameter of the trunk of a tree, in inches of diameter, measured at breast height four and one-half (4.5) feet above the original soil or natural grade. If a tree forks or separates into two or more trunks below four and one-half (4.5) feet, then the trunk is measured at its narrowest point below the fork. Also known as Diameter at Breast Height, DBH.

DIRECTIONAL SIGN

A sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property (except as otherwise provided for in this article) to direct the public to building locations, parking areas, or specific areas of a property or overall development.

DIRECTOR

The Director of Public Services of the City of Crestwood, Missouri.

DIRECTOR

The Director of Public Works of the City of Crestwood or his/her designee. Any reference to the "City Engineer," to the "Director of Public Services" or the "Public Services Director," whether in this Chapter 26 or any other chapter of this Code, shall be construed to mean the Director of Public Works of the City of Crestwood or his/her designee, unless the context clearly indicates otherwise.

DIRECTOR

The Director of Public Services of the City of Crestwood or his/her designee. Any reference to the "City Engineer," to the "Director of Public Works" or the "Public Works Director", whether in this Chapter 26 or any other chapter of this Code, shall be construed to mean the Director of Public Services of the City of Crestwood or his/her designee, unless the context clearly indicates otherwise.

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, flagpoles and artificial trees.

DNR

Missouri Department of Natural Resources.

DOUBLE FRONTAGE LOT

See "lot, through."

DRIPLINE

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.

DUMPSTER, TEMPORARY

A large container designed and used for storage of items to be thrown away, refuse, rubbish, trash, garbage, junk, and/or debris for a period of time corresponding to a particular task or project. Such container is typically rented or leased to owners or occupants of property for their temporary use and is typically delivered and removed by truck. This term shall not be interpreted to refer to a trash can, trash container, or a dumpster that is stored in a more permanent manner on the property and from which trash is collected on a recurring basis.

DUPLEX

A residential building designed to accommodate two primary dwelling units in a neighborhood setting. Duplex units share a single common wall or floor/ceiling, with an outward design and appearance as a detached house. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line. Duplex units may be developed as rental properties or as condominiums.

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 chapter, 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 house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. See Article XII, § 26-78A (Group homes), for additional information.

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).

EDUCATION - CAMPUS

A large public or private institution for primary or secondary education and typically serving more than 601 students on more than 10 acres and targeted to the broad vicinity, including neighborhoods beyond one mile.

EDUCATION - EXTENSION

A public or private institution for a wide variety of academic, vocational, or professional training and education services, but which provides services in a more mixed-use or commercial setting utilizing sites and buildings within that context.

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EDUCATION - NEIGHBORHOOD SCHOOL

A small public or private institution for primary or secondary education and typically serving up to 600 students on less than 10 acres, primarily targeted to neighborhoods within one mile. Special purpose schools that have a larger target area but are designed and scaled to perform similarly to a neighborhood school may be included in this type.

EIA STANDARD 222

A reference to Electronic Industries Association Standard 222-E, effective 1991, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures."

ELECTION SEASON

The period from 30 days prior to any election voted in by the residents of Crestwood until two days after such elections.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid or an off-board source, that is stored onboard via a battery. "Electric vehicle" includes: (1) battery electric vehicles; and (2) plug-in hybrid electric vehicles.

ELECTRIC VEHICLE CHARGING STATION

A public or private space that is served by battery charging station equipment.

ELECTRONIC MESSAGE CENTER OR DISPLAY

Any sign, or portion of a sign, capable of displaying electronic content where the rate of change is electronically programmed and can be modified by electronic processes. An electronic message center or display may include computer programmable, microprocessor, or controlled electronic or digital video displays and the images can be produced from LED technology, fiber optics, light bulbs, or other illumination devices within the display area. Electronic message centers do not include projected images or messages projected onto buildings or other objects.

ELEVATED BUILDING

For insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY

A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

ENFORCEMENT OFFICIAL

The Director of Public Services or his/her designee.

ENGINEER

A professional engineer registered in the State of Missouri.

ENGRAVED SIGN OR TABLET

Any sign that is cut into masonry or other surfaces.

ERECT

To build, construct, attach, hang, place, suspend, affix, or paint signs.

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.

EXISTING CONSTRUCTION

For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as "existing structures."

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FAA

The Federal Aviation Commission.

FACING or SURFACE

Any surface of a sign upon, against, or through which the message is displayed or illustrated on the sign.

FAMILY

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

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.

FEMA

Federal Emergency Management Administration.

FENCE

A barrier made of posts, pickets, boards, masonry, stone, metal, or other permanent, durable material, erected to mark or indicate a nearby lot boundary line and/or to provide privacy and construction in conformance with the Building and Property Maintenance Codes adopted by the City of Crestwood.

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

A cloth with colors, patterns, and/or symbols, etc.

FLAG LOT

See "lot, flag."

FLASHING SIGN

Signs that have flashing lights or intermittent illumination, except as otherwise defined herein, including signs that draw attention to speed limits, stop signs, fire stations, school zones and similar governmental or public uses.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION

A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent-or-greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards.

FLOOD FRINGE

The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) the overflow of inland and/or 2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN

Any land area susceptible to flooding, which would have at least a one-percent 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.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. (See "flooding.")

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

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.

FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on federal, state and local floodplain maps.

FLOODWAY or REGULATORY FLOODWAY

The channel 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.

FOOTCANDLE

A measure of light falling on a surface. One footcandle is equal to the amount of light generated by one candle shining on a one-square-foot surface located one foot away.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

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.

ft.

Feet.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers but does not include long-term storage or related manufacturing facilities.

GARAGE

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

GAS STATION - GENERAL (5 to 16 pumps)

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than 16 fueling stations and no more than four garage service bays. Examples include a small convenience center or large gas station.

GAS STATION - LARGE (16+ pumps)

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use may include more than 16 fueling stations. Examples include large convenience stores, gas stations or truck stops and travel centers.

GAS STATION - LIMITED (1 to four pumps)

A retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to no more than four fueling stations and no more than two garage service bays. Examples include a small, neighborhood gas and service station.

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

A specific elevation or reference point associated with a topographical survey point, building floor, benchmark, etc. See "slope."

GRADING

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

GRADING PERMIT

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

GROCERY - CONVENIENCE/MARKET

A retail use selling food and produce or specialty food products for household consumption in a small-scale format under 10,000 square feet. Examples include a corner market, butcher shop, produce stand, or similar food store. This use may also be associated with gasoline sales.

GROCERY - STORE (5,000 - 40,000)

A retail use selling food, produce, and other household products for household consumption in a small-scale format at least 6,000 but less than 40,000 square feet. Examples include a small grocery store that may serve as the anchor to a small-scale walkable center.

GROCERY - SUPERMARKET (40,000+)

A retail use selling food, produce, and household products for household consumption in a large-scale format, at least 40,000 square feet. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store.

GROUND COVER

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

GROUND SIGN

Any sign which has the top part of its face less than 10 feet above the ground and which is erected on the ground.

GROUND-MOUNTED ANTENNA

Any antenna having any working element within five feet of grade.

GROUP HOME

As defined in Article XII, (Special Uses) § 26-78A (Group homes), of this chapter.

GROUP HOMES

As defined by Article VIII (Special Uses), § 26-78A (Group homes), of this chapter.

GROUP HOMES

As defined in Article XII, § 26-78A of this chapter

GYMNASIUM

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

HANDMADE SIGN

Any sign made of cardboard, poster board, paper, plywood, or other similar material, including any sign with handwritten text or symbols.

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.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.

HOME-BASED BUSINESS

A domestic activity carried on by members of a family residing on the premises, which is clearly incidental and secondary to the use of the premises for residential purposes and does not change the residential character of the premises or adversely affect the character of the surrounding neighborhood.

HOME-BASED BUSINESSES

An accessory use conducted in either the principal dwelling unit or an accessory dwelling or structure that might be characterized as home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment is used or employed other than that which would customarily be found in the home, such as machinery or equipment that would customarily be employed in connection with a hobby or vocation not conducted for gain or profit. Other types of home office or service occupations are further defined in Subsection D of this section.

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.

ILLUMINATED SIGN

Any sign, which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes as a part of the sign proper. Such lighting may be internal to the sign structure or external to the sign face, but part of the sign structure or mounting.

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, pedestrianway pavement, water mains, storm sewer facilities, sanitary sewer facilities, signs, survey monuments, landscaping, streetlighting, 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.

INCOMBUSTIBLE MATERIAL

Any material, which will not ignite at or below a temperature of 1,200° F. and will not continue to burn or glow at that temperature.

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.

INVASIVE SPECIES A plant species included on the Missouri Department of Conservation's list of invasive species and identified as invasive by the Missouri Invasive Task Force (MoIP) Invasive Plant Assessment.

IRRIGATION SYSTEM

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

JUNKYARD

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 chapter 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 does 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 ARCHITECT

A landscape architect registered in the State of Missouri.

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.

LIGHT STANDARD SIGN

A sign that has the lowest part of its face at least eight feet above the ground and which is designed to be attached to or a part of a light standard principally designed for illuminating a street, parking, or public space area.

LIVE/WORK UNIT

A mixed-use unit that contains a commercial, office or light industrial component. The work component does not exceed 50% of the dwelling area.

LOADING SPACE

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

LODGING - BED-AND-BREAKFAST (up to 5 rooms)

A lodging use in a residential building type that has up to five guest rooms and a resident manager for accessory meals, operations, and cleaning services.

LODGING - HOTEL/MOTEL

A lodging use in a large commercial building or complex designed for more than 20 guest rooms, as well as associated restaurant, event and conference services.

LODGING - INN (up to 20 rooms)

A lodging use in a small commercial building that accommodates up to 20 guest rooms which may include limited accessory service, such as a small restaurant or lounge.

LOT

A parcel of land which may include one or more platted lots, occupied or intended for occupancy by a use permitted in this title, having its principal frontage upon a street or upon an officially approved place.

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 LINES <div style="margin-left:40px">A. LOT LINE, FRONT — The boundary between a lot and the street right-of-way on which it fronts.<br /> <br /> B. 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 Services shall determine the rear line.<br /> <br /> C. LOT LINE, SIDE — Any lot boundary line that is not a front or rear line thereof; a side line may be a part lot line, a line bordering on an alley, place, or a side street right-of-way line.</div>

LOT WIDTH

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

LOT, CORNER

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

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:

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").

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this article.

MAIN TRAVELED WAY

The portion of the roadway designed for the movement of persons, including driving lanes, shoulders, auxiliary lanes, and roadside picnic, parking, rest and observation areas, and other areas immediately adjacent and contiguous to the traveled portion of the roadway and for the use of the traveling person, but not necessarily located with the roadway right-of-way.

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.

MANUFACTURED HOME

A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MANUFACTURING - ARTISAN

A small-scale industrial use where activities produce little or no by-products, such as smoke, odor, dust, or noise, discernible from outside of the building; where deliveries and distribution are made by general consumer delivery services requiring no special large truck access; and where products are made available for purchase or viewing to the general public. Uses typically occupy buildings or spaces under 5,000 square feet of gross leasable area. Examples include artists' studios, small wood or metal shops, craft manufacturing, small bakery, or other similar small-scale assembly of finished products.

MANUFACTURING - GENERAL

An industrial use where by-products, such as noise, dust, smoke, or odor, are produced, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, food production and manufacturing plants, metal fabrication plants, chemical laboratories, or other similar high-intensity manufacturing or distribution operations.

MANUFACTURING - HEAVY

An industrial use capable of producing significant by-products, such as noise, dust, smoke, or odor, beyond the building or site, or where hazardous materials may be stored, used, or produced as a typical part of the business, and distribution involves heavy truck, freight and machinery access. Examples include chemical, wood or metal storage and production, pressing and dying plants, asphalt or cement production, animal processing, or other heavy or hazardous manufacturing operations.

MANUFACTURING - LIGHT

An industrial use where little or no by-products, such as smoke, odor, dust, or noise, are discernible from outside of the building and where distribution and delivery needs occur through light to moderate commercial truck access. Examples include research labs or facilities, small equipment or commodity assembly, warehousing or wholesaling of consumer products, commercial bakery, nonretail laundry services, or similar businesses that provide products for support of other businesses.

MAP

The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

MARIJUANA FACILITY

Any comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the Missouri Department of Health and Senior Services pursuant to § 2 of Art. XIV of the Missouri Constitution, but shall not include a medical facility as defined in this subsection.

MARIJUANA FACILTIES

As defined by Article XII, (Special Uses), § 26-76A (Medical Marijuana Facilities), of this chapter.

MARIJUANA TESTING FACILITY

A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.

MARKET VALUE or FAIR MARKET VALUE

An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MARQUEE SIGN

Any structure attached to a building often forming a canopy or porte cochere over a building entry attached at the building face and suspended from above or supported with posts or columns, or a freestanding structure, with one or more supports, onto which signage is affixed or incorporated.

MASSAGE BUSINESS (MASSAGE ESTABLISHMENT)

As defined by Chapter 13, Article II, Division 6, § 13-162 of the Crestwood Municipal Code and Article XII (Special Uses), § 26-75A, (Sexually oriented businesses and massage businesses), of this chapter.

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, to 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.

MAYOR

The Mayor of the City of Crestwood, Missouri.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

MEDICAL FACILITY

Any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in § 1.2 of Art. XIV of the Missouri Constitution.

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.

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MIXED USE (apartment over commercial/service)

A residential use in a building designed primarily for street level retail, service, or employment uses, and where dwelling units are accommodated on upper stories, or otherwise separated from the principal commercial function of the building.

MODOT

Missouri Department of Transportation.

MONOCULTURE

The cultivation of a dominant single species of planting in an area.

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."

MONUMENT SIGN

A sign generally having a low profile with little or no open space between the ground and the sign and having a significant base constructed of materials such as brick, stucco, stonework, textured wood, tile, or textured concrete, or other similar materials that are compatible with the primary structure on the building.

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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.

MSD

Metropolitan St. Louis Sewer District.

MULCH

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

NAICS

North American Industrial Classification System.

NATIVE PLANT SPECIES

Plant species as identified by Grow Native as a Missouri native plant.

NEW CONSTRUCTION

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

NFIP

The National Flood Insurance Program (NFIP).

NITS

The standard unit of brightness for electronic and digital signage. The nit, also known as "candelas per square meter," is a unit of measurement for the total brightness over one square meter of an LED display. It is a measure of the light being emitted by the sign in contrast to footcandles which measure the brightness of the surface area or object that is being lighted.

NO-IMPACT HOME-BASED BUSINESS

A home-based business meeting the following criteria: (1) the total number of employees and clients on-site at one time does not exceed the occupancy limit for the premises; and (2) the activities of the business are limited to the sale of lawful goods and services; may involve having more than one client on the premises at one time; does not cause a substantial increase in traffic through the residential area; does not violate any parking regulations established by the City; occurs within the premises or in the yard of the premises; is not visible by the street; and does not otherwise violate the City's ordinances applicable to home-based businesses.

NONCONFORMING SIGN

Any sign that does not conform to the requirements of this article.

NONCONFORMING USE, BUILDING, OR YARD

A use, building, or yard existing legally at the time of the passage of this chapter, 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, shall be considered a nonresidential development for purposes of this chapter.

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.

OBSOLETE SIGN

Any sign that is no longer relating to current activities on a premises or lot.

OCCUPATIONAL SIGN

All industrial, commercial and mercantile signs advertising the business on its premises or any of its activities, including permanent theater signs.

OFFICE

An employment use focusing on the administrative and management aspects of business or professional services, typically does not have a high rate of exchange with the general public, consumers, or patrons, but may involve regular interaction with clients or other business activities. This use type is broken into the following subclasses based on scale and intensity

OFFICE

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

OFFICE - GENERAL

An office use where the total gross leasable area is at least 10,000 square feet, and may include more than one building.

OFFICE - HOME-BASED BUSINESSES

An office use entirely within an owner-occupied residential dwelling and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve limited on-premises interaction with customers. Such uses include office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions operating as sole practitioners; office facilities for ministers, rabbis, priests; and office facilities for salesmen, sales representatives, manufacturers' representatives, when no retail or wholesale sales are made or transacted on the premises or where no warehousing occurs.

OFFICE - LIMITED

An office use where the total gross leasable area is less than 10,000 square feet.

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.

OPEN/CIVIC SPACE

Areas preserved as primarily open land, except for accessory structures, and designed to serve a specific urban design function for natural, ecological, aesthetic, recreational or formal gathering purposes. This use includes parks, subdivision open space or common ground and buffers, trails, plazas associated with planned developments and government buildings, and other public spaces.

OWNER

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

PARABOLIC REFLECTOR ANTENNA

Any antenna having a curved reflector element, commonly referred to as a "satellite dish."

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 Article VI (Access and Parking), § 26-27 (Design requirements), Subsection H, (Minimum off-street parking space dimensions).

PARTICIPATING COMMUNITY (also known as an "eligible community")

A community in which the Administrator has authorized the sale of flood insurance.

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.

PEDESTRIANWAY

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, "pedestrianway" does not include sidewalks.

PENNANT

Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Flags are not considered pennants for the purposes of this definition.

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 chapter 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.

PERSON

Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including federal, state, and local governments and agencies.

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 chapter as the "Planning Commission."

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 map, plan, or layout of a tract drawn to scale and indicating the subdivision of such tract in accordance with the requirements of Article IX (Subdivisions and Land Development), § 26-40 (Generally), of this chapter.

PLAT, APPROVED

A subdivision of land legally approved in accord with Article IX (Subdivisions and Land Development), § 26-40 (Generally), of this chapter.

POLE SIGN

Any sign, which has the lowest part of its face, at least 10 feet above the ground and which is supported by a freestanding pole except as noted in § 26-320(D)(7) (Standards and requirements by sign type; Pole signs) herein.

PORTABLE SIGNS

Any sign not permanently affixed to the ground or other permanent structure. Also, a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons, umbrellas, and signs attached to or painted on vehicles parked and visible from the public right-of-way. Any sign designed to be transported, which has had its means of transportation removed (wheels, trailer, etc.), shall still be considered a portable sign.

POST AND PANEL SIGN

A sign which uses one or more visible posts and is unlighted.

PRINCIPALLY ABOVE GROUND

That at least 51% of the actual cash value of the structure, less land value, is above ground.

PRIVATE ELECTRIC VEHICLE CHARGING STATION

An electric vehicle charging station that is not available for use by the general public. Examples, include, but are not limited to, electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas.

PROJECTING SIGN

Any sign projecting outwardly from the building.

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 ELECTRIC VEHICLE CHARGING STATION

An electric vehicle charging station that is accessible to and available for use by the general public.

PUBLIC USE AREAS

Public parks, playgrounds, recreational areas, or 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.

READER BOARD

Any sign that has changeable or removable lettering, with the exception of marquee signs.

REAL PROPERTY

Includes lands, buildings, improvements, land under water and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein or appurtenant thereto, legal or equitable, including restrictions of record created by plat, covenant or otherwise, rights-of-way, and terms for years.

RECREATION - INDOOR

A service use providing daily or regularly scheduled activities for entertainment, instruction, or exercise inside a building and open to the general public or through membership. This use type is broken into the following subclasses based on scale and intensity

RECREATION - INDOOR, GENERAL (10,000 or more)

Indoor recreation that involves a building 10,000 square feet or more. Examples include a large bowling alley, sports and recreation center, theater complex, large health club, or shooting range.

RECREATION - INDOOR, LIMITED (less than 10,000)

Indoor recreation that involves a building less than 10,000 square feet. Examples include a small bowling alley, fitness club, billiard hall, martial arts centers, yoga studio, or dance studio.

RECREATION - OUTDOOR

A service use providing daily or regularly scheduled activities for entertainment, recreation, or exercise outside and is open to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory indoor services. This type is broken into "limited" and "general" based on the scale and intensity of the use.

RECREATION - OUTDOOR, GENERAL

Examples include theme park, water park, fairground, zoo, drive-in theater, shooting range, skeet and trap range, racetrack.

RECREATION - OUTDOOR, LIMITED

Examples include driving range, miniature golf, golf course, swimming pool, tennis, batting cage, small band shell, or amphitheater.

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 trailers, motorcycle trailers and sidecars, and utility trailers, and such other vehicles as may be registered as a recreational vehicles by the state.

RECREATIONAL VEHICLE

A vehicle which is:

1. Built on a single chassis; and
2. Designed to be self-propelled or permanently towable by a light-duty truck.

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REDEVELOPMENT

The clearance, replanning, reconstruction or rehabilitation of a blighted area, in whole or in part, and the provision for such industrial, commercial, residential or public structures and spaces as may be appropriate, including recreational and other facilities incidental or appurtenant thereto.

REDEVELOPMENT PROJECT

A specific work or improvement to effectuate all or any part of a development plan.

REMEDY A VIOLATION

To bring the structure or other development into compliance with federal, state, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds 25% of the market value of the structure before the damage occurred.

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.

RESIDENTIAL CARE - GENERAL

A facility providing long-term care, health services, and residency that admits residents on medical referral, and where medical, behavioral, and rehabilitative care is necessary beyond normal business hours. Examples include nursing homes, hospice home, or other similar care facilities.

RESIDENTIAL CARE - INSTITUTIONAL

A facility offering short- or long-term care for individuals residing on the site that need a high degree of services or monitoring, and where full-time staff are present on the premises at all times, and where the building(s) and site design emphasize the institutional function secondary to the residential accommodations. Examples include treatment centers, homeless shelters, or other facilities with a high intensity of care or supervision.

RESIDENTIAL CARE - LIMITED

A facility providing residential living, social programs, and limited health care services for residents; where the social and health care services are accessory to the building(s) and site design emphasizing household living; where the social programs and health care services are limited accessory elements in terms of the function and extent; and where dedicated staff are present primarily during normal business hours. Examples include co-housing, retirement village, independent living, or assisted living apartment communities.

RESIDENTIAL SUBDIVISION SIGN

Any sign placed at or near the entrance of a residential subdivision.

RESTAURANT - BAR/TAVERN

An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

RESTAURANT - GENERAL

A food and beverage retail use that typically includes seating for 100 or more patrons and may include accessory off-premises consumption through carry-out or drive-through services, and may also include limited areas dedicated to consumption of alcoholic beverages and/or accessory indoor entertainment.

RESTAURANT - LIMITED

A small-scale food and beverage retail use that typically includes seating for under 100 patrons and may include accessory off-premises consumption through carry-out services.

RESTAURANT - MICRO/MOBILE

A food and beverage retail use that utilizes any motorized or nonmotorized vehicle, trailer, or other device designed to be small-scale and portable and not permanently attached to the ground for preparing and selling food and beverages for on- or off-premises consumption.

RESTAURANT - MICROBREWERY/MICRODISTILLERY/WINERY

A food and beverage retail use where beer, wine, alcohol, or similar beverage is brewed and fermented on the premises; includes tasting or consumption on the premises; and is packaged for retail sales and distribution for consumption off of the premises. Production is limited to 10,000 barrels per year for beer, 15,000 gallons per year for alcohol, and 2,000 barrels per year for wine.

RETAIL - GENERAL

A retail use at least 8,000 square feet, but less than 50,000 square feet.

RETAIL - LARGE

A large-scale retail use at least 50,000 square feet, but less than 100,000 square feet.

RETAIL - LIMITED

A small-scale retail use less than 2,500 square feet.

RETAIL - OUTDOOR SALES, GENERAL

A retail use where the primary business, while operated out of a permanent building on-site, is associated with merchandise that can only be displayed or permanently stored outdoors year-round. Examples include a nursery, a lumberyard, machine or equipment sales or rentals, or vehicle sales or rentals.

RETAIL - OUTDOOR SALES, LIMITED

The accessory display and sale of merchandise on a dedicated exterior area of a site associated with an otherwise permitted nonresidential use, where merchandise may be kept outdoors or where a portion of the site or area is designed and dedicated to facilities to support the display and sale, and where the primary business is conducted with an adjacent building. Examples include a garden center, lumber sales, or holiday event sale associated with retail uses.

RETAIL - OUTDOOR SALES, TEMPORARY

The limited accessory display of merchandise on a sidewalk or an exterior private area adjacent to the building housing the otherwise permitted nonresidential use. The display is further limited by the following

1) it only occurs during business hours;
2) all components of the sale are removed from the site and brought indoors during nonbusiness hours; and
3) is limited to sales or events lasting no more than one week with at least four weeks between consecutive events. Examples include a sidewalk sale, holiday or seasonal sales events, or farm truck/produce stand.

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RETAIL - SMALL

A small-scale retail use at least 2,500 square feet, but less than 8,000 square feet.

RETAIL - USED

A retail use where more than 50% of the inventory is on consignment, has been donated, or bought from customers at a lower rate, including, but not limited to, antique shops, used household-type appliance stores, used bookstores, used merchandise thrift shops, and used clothing stores.

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RETAIL - WAREHOUSE

A large-scale retail use at least 100,000 square feet.

RIPARIAN

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

RISK PREMIUM RATES

Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.

ROOF SIGN

Any sign painted, erected, constructed and maintained upon the roof of any building, including wall signs or projecting signs attached to a building wall, that extend above the roofline.

ROW HOUSE (3 to 8 units; 2- to 3-story)

A multiunit residential building designed for three to eight dwelling units within an urban and sometimes suburban development context. Row houses abut one another sharing a common wall. These units are conjoined; however, each unit has its own private entry. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall with individual ownership of the unit.

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.

SCREENING

A barrier consisting of berms, dense vegetative plantings, fences, walls, or a combination thereof, erected to conceal mounted equipment, loading and storage areas, and trash receptacles.

SERVICE

A service use providing professional or individual services and where frequent interaction with the general public, consumers, or patrons occurs on the premises. This use type is broken into the following subclasses based on scale and intensity

SERVICE - GENERAL

A service use where the gross leasable area is at least 2,500 square feet. Examples include a large spa or beauty complex, child-care center, large bank, equipment repair shop, tattoo shop, a copy center, large post office or mail center, or laundromat.

SERVICE - HOME-BASED BUSINESSES

These include personal services conducted within the home and/or its accessory structures, when such activities are clearly incidental or subordinate in use to the dwelling and may involve limited on-premises interaction with customers with no employees other than the home owner and not more than one other member of the immediate family and where any customer service is offer on a one-at-a-time basis. Such occupations include dressmakers, seamstresses, tailors, music instruction, artists, sculptors, or composers.

SERVICE - LIMITED

A personal service use where the gross leasable area is under 2,500 square feet. Examples include a neighborhood barbershop or hair salon, a small professional office (lawyer, accountant, or travel agent), small bank, small child-care center, dry cleaners, or tailor.

SETBACK

With respect to a stream, the area established by Subsection D1b of this section extending beyond any buffer applicable to the stream.

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 chapter.

SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES

As defined by Chapter 13, Article II, Division 6, § 13-162 of the Crestwood Municipal Code and Article XII (Special Uses), § 26-75A (Sexually oriented businesses and massage businesses), of this chapter.

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

An area containing three or more shops, stores, and other places of business and located in the C-1 Local Business District or in an approved planned development commercial district or mixed development district under the zoning ordinance and providing off-street parking facilities in common for all businesses and their customers.

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 ten (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 30 feet from the intersection of the property lines.

SIGN

Any letter, figure, design, symbol, trademark, panel, device or structure designed or intended to convey information to the public in written or pictorial form, including without limitation, billboard, banner sign, directional sign, ground sign, monument sign, portable sign, pole sign, wall sign, roof sign, projecting sign, temporary sign, marquee, awning, canopy, when placed out of doors or in show display windows intended to be visible from the outside.

SIGN AREA

The total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure, or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. The total allowable area for a double-faced sign, where the two faces are not substantially parallel, shall be equal to the allowable area for a single faced sign. See § 26-33(Design and location standards), Subsection A (Computation of area).

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.

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).

SPECIAL FLOOD HAZARD AREA

See "area of special flood hazard."

SPECIAL HAZARD AREA

An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.

SPECIES

A unit or group of similar individual plants within a greater genus sharing the same traits. For example: Q. alba, White Oak.

START OF CONSTRUCTION

Includes substantial improvements, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STATE COORDINATING AGENCY

That agency of the state government, or other office designated by the Governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.

STORAGE AND WAREHOUSING - INDOOR, GENERAL

Storage of commercial products inside a large building where regular shipments and distribution will occur by commercial vehicles. Examples include large warehouses, or distribution and processing centers, and mini warehouses where all storage areas, including those leased or rented to individual customers, are accessed from outside the storage buildings.

STORAGE AND WAREHOUSING - INDOOR, LIMITED

Storage of consumer products or small-scale commercial products inside a small commercial building where only ordinary traffic and little or no truck traffic occurs. Examples include mini warehouses where all storage areas, including those leased or rented to individual customers, are accessed from inside the principal building.

STORAGE AND WAREHOUSING - OUTDOOR

Storage of consumer commercial products or large-scale machinery on an outdoor lot. Examples include contractor's yard, mini storage warehouses, boat or RV storage, towing service storage yard, or similar large-scale storage lots and facilities.

STORAGE AND WAREHOUSING - OUTDOOR, JUNKYARD

An outdoor storage use where discarded or inoperable items are stored for sale, salvage, or further processing as waste or other by-products.

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:

1. All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (USGS) 7.5 Minute Series (Topographic) Maps for Missouri; or
2. 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 thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which are normally 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 pedestrianway or alley.

STREET TREE

A tree located within or directly adjacent to public right-of-way for the purpose of calming traffic, absorbing stormwater, and pollutants, mitigating heat island effect, providing shade, and adding aesthetic value.

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 girders, or the addition of new electrical circuits or plumbing fixtures to the building.

STRUCTURAL TRIM

The molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign 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. For the purposes of this chapter, 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 a structure for the purpose of yard requirements.

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBDIVISION

The division or redivision 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; or the dedication or establishment of a street, alley, easement, or other public way in conjunction with or used in any such tract.

SUBDIVISION ASSOCIATION

A private, not-for-profit association of property owners that operates and maintains various common properties of a subdivision or development.

SUBDIVISION, MAJOR

See Article IX (Subdivisions and Land Development),§ 26-40 (Generally), of this chapter.

SUBDIVISION, MINOR

See Article IX (Subdivisions and Land Development), § 26-40 (Generally), of this chapter.

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); or 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 DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. The term includes repetitive loss buildings. (See definition.) For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences. The term does not apply to:

1. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure"; or
3. Any improvement to a building.

SUBSTANTIAL IMPROVEMENT

Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds 50% of the current market value of the building. For the purposes of this definition, an improvement occurs 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 building. This term includes structures, which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not apply to:

1. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure"; or
3. Any building that has been damaged from any source or is categorized as repetitive loss.

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.

SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS

Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

TELECOMMUNICATION TOWERS AND FACILITIES

As defined in Article XII, § 26-77B of this chapter

TELECOMMUNICATIONS

As defined by Article VIII (Special Uses), § 26-77B (Telecommunication towers and facilities), of this chapter.

TEMPORARY SIGNS

Signs which are not permanent in nature and typically are installed for a period of 90 days or less.

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 (3) inches in diameter with the tree's crown to such degree to distort the normal canopy shape, thus disfiguring the tree.

TRACT

An area or parcel of land.

TREE LAWN

Planting area located within the right-of-way between the edge of road pavement and sidewalks typically planted with turf lawn.

TREE PROTECTION ZONE

The zone around a tree that will be maintained at the original grade and original conditions over the course of the development. This zone is determined by the critical root zone (CRZ) location.

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 PLANTS

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 plant which normally attains an overall height of no more than thirty (30) 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 a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

USGS

United States Geological Survey.

VARIANCE

A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

VARIETY

A term used in the botanical sense to constitute a group or class of plants subordinate to a species (e.g., subspecies). See definition for cultivar, sometime used interchangeably with cultivar.

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.

VEHICLE SERVICE/REPAIR - GENERAL

A service use engaged in equipment and motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories that involves four or more vehicle service bays, where all work and storage of equipment and supplies occurs indoors, but where on-site or overnight storage of vehicles may involve nine or more cars on the lot. Examples include large mechanic shop, lubricant center, tire store, auto glass installation, or audio or alarm installation; or an auto body shop where the likelihood of overnight storage, outdoor storage, and overnight or multiday drop off is more likely.

VEHICLE SERVICE/REPAIR - HEAVY

A service use engaged in the maintenance and repair of motor vehicles, commercial vehicles, or heavy equipment, and accessory retail sale of supplies and accessories, that is likely to involve larger outdoor storage areas for vehicles and supplies, and where larger multibay garages or warehouses are needed to conduct services.

VEHICLE SERVICE/REPAIR - LIMITED

A service use engaged in motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, but limited to small-scale operations that involve no more than three vehicle service bays, and where all work and storage of equipment and supplies occurs indoors, and where on-site or overnight storage of vehicles is limited to no more than eight cars on the lot. Examples include a small neighborhood mechanic shop, lubricant center, tire store, auto glass installation, or audio or alarm installation.

VETERINARY CLINIC (ANIMAL HOSPITAL)

A facility for the practice of veterinary medicine.

VINTAGE SIGN

An on-premises sign with unique identifying characteristics that, as designated by the Planning Commission, contributes to the historical or cultural character of the neighborhood, City, or region and designated in § 26-33 (Design and location standards) Subsection D22 (Vintage signs) of this article.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided.

WALK-UP APARTMENT (3 to 12 units; 2- to 3-story)

A small-scale, multiunit residential building designed on a small or moderate-sized lot in a compact walkable neighborhood or mixed-use setting. The building is accessed by a common lobby entrance at building frontage, and arranged to integrate into the block structure of a neighborhood.

WALL SIGN

Any sign affixed to the front, side or rear wall of any building and parallel to the face of the wall.

WAREHOUSE

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

WATER SURFACE ELEVATION

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified), of floods of various magnitudes and frequent frequencies in the floodplain.

WINDOW SIGN

Any sign that is intended to be viewed through a show display window.

WIRE ANTENNA

An antenna consisting exclusively of a length of wire and one or more insulators.

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 SIGN

A sign made of wood, plastic, or other similar material that is placed in a yard.

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 Districts and Use Standards), § 26-14 (Zoning districts established), wherein certain use and development regulations apply to the land located within the district.

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