City of Eureka - Definitions

ABUTTING

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

ACCESSORY BUILDING

Any building the use of which is incidental to the principal use of the parcel or structure thereon.

ACCESSORY STRUCTURE

Any structure the use of which is incidental to the principal use of the parcel or structure thereon.

ACCESSORY USE

Any use incidental to or directly associated with the principal use of the premises.

ADJOINING LOT

A lot that shares all or part of a common point or line with another lot.

AGRICULTURAL OPERATIONS

Any activity engaged in the commercial production of crops, orchards, livestock, poultry, livestock products, poultry products, and the facilities, equipment, and property used to facilitate the activity, excluding the growing of Cannabis Indica, Cannabis Sativa and Cannabis Ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof, and resin extracted from the plant and marijuana-infused products.

ALLEY

A minor right-of-way which may provide vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

ALTER

A physical change or an addition. The term "alter" includes renovation, modification, rehabilitation or restoration.

ASSISTED LIVING FACILITIES

Establishments primarily engaged in providing residential and personal care services without on-site nursing care for the elderly or other persons who are unable to fully care for themselves. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services.

BASEMENT

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

BED AND BREAKFAST ESTABLISHMENT

A dwelling or building in a residential district which is smaller than a hotel or motel in which lodging and/or meals are provided to the public on a transient basis for compensation; such establishment may also operate a full-service restaurant, not including drive-in, drive-thru or curb service, within said dwelling or building.

BOARDING HOUSE

A building other than a hotel where, for compensation, meals, or lodging and meals, are provided for a minimum of three (3) but not more than ten (10) persons.

BODY ART ESTABLISHMENT

An individual or entity providing tattoo services or piercing of the skin on any body part below the neckline. In the case of body piercing, such activity is permissible without City legislative authority if the service is ancillary to the principal use such as in the case of a hair salon or barber shop.

BUFFER YARD

An area that contains extensive landscape material and/or a decorative wall or similar material designed to screen from view a particular land use or activity.

BUILDING

A roofed structure that is affixed to the land and is designed or intended for use as a shelter for persons, animals and/or property.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

CAMPGROUND

A place designed to accommodate travelers or persons seeking overnight accommodations via use of tents, camper trailers or recreational vehicles.

CARPORT

An accessory building that may or may not be attached to a principal building, that provides space for the parking or storage of one (1) or more motor vehicles, and, if enclosed, is enclosed on not more than three (3) sides.

CHILD CARE CENTER

A child care center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four-hour day.

CHURCH

At a minimum, a church includes a body of believers or communicants that assembles regularly to worship. Unless the organization is reasonably available to the public in its conduct of worship, its educational instruction, and its promulgation of doctrine, it cannot fulfill the associational role that courts have increasingly adopted as a threshold for determining when an organization qualifies as a church. Other key factors to consider include whether the organization has a distinct legal existence, recognized creed and form of worship, definite and distinct ecclesiastical government, a formal code of doctrine and discipline, distinct religious history, membership not associated with any other church or denomination, organization of ordained ministers, ordained ministers selected after completing prescribed studies, literature of its own, established places of worship, regular congregations and regular religious services.

CITY ADMINISTRATOR

The City Administrator or such other person designated by the City to hear appeals as provided in Section 23-212(e) hereof.

CITY FACILITIES

Any facilities located within the public rights-of-way and owned by the City.

CLINIC

The group practice of medicine or dentistry for humans, but not including in-patient care or operating rooms for major surgery.

COMMON LAND

That land set aside for open space or recreational use for the owners of the residential lots in a subdivision which land is conveyed by the developer in fee simple absolute title by a warranty deed to trustees whose trust indenture shall provide that such common land be used for the sole benefit, use and enjoyment of the lot owners present and future; no lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot.

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

A facility licensed as such by the State of Missouri.

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed as such by the State of Missouri.

COMPREHENSIVE MARIJUANA-INFUSED PRODUCT MANUFACTURING FACILITY

A facility licensed as such by the State of Missouri.

CONDOMINIUM

A multi-unit dwelling, with unit owners each enjoying exclusive ownership of his/her individual apartment or unit, holding a fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building and grounds which are used by all the residents; as developed under the requirements of Chapter 448 of the Revised Statutes of Missouri.

DAY CARE HOME

A family home occupied by the day care provider in which care is given to four (4) people or less, not related to the day care provider, for any part of the twenty-four (24) hour day.

DAY NURSERY

A group program providing care for more than four (4) people in a facility, other than a family home, for any part of the twenty-four (24) hour day.

DEVELOPMENT

A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, or connection to the City's wastewater sewer system.

DIRECTOR

The City's Public Works Director or such other person designated to administer and enforce this Article.

DISTRICT

A section or sections of the City for which the regulations governing the height, area and use of the buildings and premises are the same.

DUPLEX

A residential building divided into two (2) dwelling units.

DWELLING UNIT

One or more rooms with direct access to the outside or to a public hallway located in a residential building or residential portion of a building which are arranged, designed, used or intended for use as a complete, independent living facility for no more than one (1) family and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING, MULTIPLE

A building or portion thereof designed for or occupied by more than two (2) families.

DWELLING, SINGLE-FAMILY

See "dwelling, single-family detached."

DWELLING, SINGLE-FAMILY ATTACHED

A dwelling which is designed for or occupied exclusively by one (1) family, but having a common party wall with another single-family dwelling with each dwelling on a separate lot of individual ownership.

DWELLING, SINGLE-FAMILY DETACHED

A building which is designed for or occupied exclusively by one (1) family and is separate from any other building except accessory buildings.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two (2) families.

EMERGENCY RIGHTS-OF-WAY (OR "ROW") WORK

Includes, but is not limited to, ROW work made necessary by exigent circumstances to repair, control, stabilize, rectify or correct an unexpected or unplanned outage, cut, rupture, leak or any other failure of a facility when such failure results or could result in danger to the public or a material delay or hindrance to the provision of service.

EQUIPMENT

Any residential, commercial or industrial class self-propelled or wheeled towable machinery used in construction, farming, lawn and garden care, commercial operations or industrial operations.

FACILITIES

A network or system or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.

FACILITIES PERMIT

A permit granted by the City for placement of facilities on private property.

FAMILY

One (1) or more persons, related or unrelated, living together as a single integrated household unit, or a non-profit group of persons who live together sharing household responsibilities and daily activities, who also share a close social, economic and psychological commitment to each other. A family does not include large living groups such as dormitories, fraternities, sororities or lodging houses. There shall be at least one hundred fifty (150) square feet of floor space for the first (1st) occupant, and one hundred (100) square feet of floor space for each additional occupant. Floor space is calculated using the total enclosed area of the dwelling unit. A family may not have more than one (1) registered sex offender residing in a dwelling unit.

FARM

An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and for their parking or storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine, subject to distance limitations from residential property and not including the commercial feeding of garbage or offal to swine or other animals, such as mice, rats, rabbits, etc. The term "farm" also includes dairy farms.

FARM AND TRUCK GARDEN

An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and for their parking or storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine, subject to distance limitations from residential property and not including the commercial feeding of garbage or offal to swine or other animals, such as mice, rats, rabbits, etc. The term "farm" also includes dairy farms. The term "farm and truck garden" does not include the growing of Cannabis Indica, Cannabis Sativa and Cannabis Ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products.

FLOODPLAIN

The floodway and floodway fringe area of the Meramec River and its tributaries and other natural waterways which have a one percent (1%) chance of flooding in any given year as determined by the 1977 U.S. Army Corps of Engineers Study, as may be amended.

FOOTPRINT

The land area covered by a building or structure.

FRANCHISE AREA

The total geographic area of the City authorized to be served by an incumbent cable television operator or incumbent local exchange carrier or affiliate thereof.

FRONTAGE

The edge of a lot bordering a street.

FRONTAGE, LOT

See "lot, frontage."

GARAGE OR CARPORT, PORTABLE

A structure intended for the shelter or storage of self-propelled vehicles which is comprised of a self-supporting assemblage of material and is not permanently attached to a footing and foundation in compliance with City Building Codes. The Building Commissioner shall make a determination as to if a proposed structure is subject to this definition and any regulations relating thereto.

GARAGE, PRIVATE

An accessory building with capacity for not more than four (4) self-propelled vehicles for storage only; provided, that a private garage may exceed a four (4) vehicle capacity if the lot whereon such garage is located contains not less than two thousand (2,000) square feet for each vehicle stored, and that the self-propelled vehicles shall not include commercial contractors' equipment, gasoline trucks and similar vehicles not ordinarily used incidental to domestic activities.

GARAGE, PUBLIC

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

GARAGE, STORAGE

Any building or premises, used for housing only, of motor-driven vehicles pursuant to previous arrangements, and not to transients, at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.

GOLF COURSE

An area or course for playing golf, except miniature golf, consisting of at least nine (9) holes within which the playing area is not artificially illuminated.

GRADE

The finished ground level of a site.

GROSS REVENUES

The total amounts billed to subscribers or received from advertisers for the provision of video services within the City, including:

(1) Recurring charges for video service,
(2) Event-based charges for video service, including, but not limited to, pay-per-view and video-on-demand charges,
(3) Rental of set top boxes and other video service equipment,
(4) Service charges related to the provision of video service, including, but not limited to, activation, installation, repair and maintenance charges,
(5) Administrative charges related to the provision of video service, including, but not limited to, service order and service termination charges, and
(6) A pro rata portion of all revenue derived, less refunds, rebates or discounts, by a video service provider for advertising over the video service network to subscribers, where the numerator is the number of subscribers within the City and the denominator is the total number of subscribers reached by such advertising; but gross revenues do not include:

(i) Discounts, refunds and other price adjustments that reduce the amount of compensation received by a video service provider,
(ii) Uncollectibles,
(iii) Late payment fees,
(iv) Amounts billed to subscribers to recover taxes, fees or surcharges imposed on subscribers or video service providers in connection with the provision of video services, including the video service provider fee authorized herein,
(v) Fees or other contributions for PEG or I-Net support, or
(vi) Charges for services other than video service that are aggregated or bundled with amounts billed to subscribers, provided the video service provider can reasonably identify such charges on books and records kept in the regular course of business or by other reasonable means.

Except with respect to the exclusion of the video service provider fee, gross revenues shall be computed in accordance with generally accepted accounting principles.

GROUP HOME

A building with an exterior appearance similar to a single-family residence which houses eight (8) or fewer unrelated mentally or physically handicapped persons and may include two (2) additional persons acting as house-parents or guardians, but does not include a half-way house.

HOME OCCUPATION

Either a no-impact home-based business or resident or residents of the residential dwelling doing home-based work.

HOME-BASED BUSINESS

Any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.

HOME-BASED WORK

Any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

HOTEL

A building in which lodging or lodging and meals is provided to the public on a transient basis for compensation, and which will accommodate more than ten (10) persons for lodging; provided, that all rooms shall be accessible through the main entrance of the building, and a lobby provided for the mutual use and benefit of all occupants.

HOUSEHOLD

An apartment, house, mobile home or any other structure or part of a structure intended for residential occupancy as separate living quarters.

JUNK YARD

The use of more than two hundred (200) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that adjoins any street, for the storage, keeping or abandonment of junk including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

KENNEL

The use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.

LAUNDRY ESTABLISHMENT

An establishment providing for the cleaning of textiles, fabrics, garments, or other articles as a business or commercial enterprise by the use of laundering equipment, washing and drying units, designed primarily to accommodate individual or family-sized washing loads of the type, or similar to the type, designed for self-service use by the insertion of coins, whether the units are operated by the public on a self-service basis or by an attendant or operated by the insertion of coins or otherwise.

LIFE CARE FACILITY

A place or places in which a provider undertakes to provide a resident with nursing services, medical services or personal care services, in addition to maintenance services, for a term in excess of one (1) year or for life pursuant to a life care contract. The term also means a place or places in which a provider undertakes to provide such services to a non-resident.

LIQUID AND GASEOUS NICOTINE PRODUCT ESTABLISHMENT

An individual or entity selling nicotine based products in a liquid or gaseous state as a sole or substantial portion of overall sales or product display area as determined by the City.

LOT

An individual parcel of land.

LOT LINES

The lines bounding a lot as defined herein.

LOT OF RECORD

A lot which is part of a subdivision, the plat of which has been recorded in the office of the St. Louis County Recorder of Deeds, or a parcel of land described by metes and bounds, which has been recorded in the office of the St. Louis County Recorder of Deeds.

LOT, CORNER

A lot situated at the junction of two (2) or more streets or places.

LOT, DEPTH OF

The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE

A lot having a frontage of two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, FRONTAGE

(1) On lots which are not located on curved streets, the minimum lot frontage shall be measured at the right-of-way line.
(2) On lots which are located on the outside of a curved street or on a cul-de-sac, the minimum lot frontage shall be measured at a line tangent to the curve, centered on the lot at the front building line.
(3) On lots which are located on the inside of a curved street, the minimum lot frontage shall be measured as the chord dimension for an arc having a radius of fifty (50) feet less than the radius of the building line.

LOT, INTERIOR

A lot bounded by a street on only one (1) side.

LOW INCOME HOUSEHOLD

A household with an average annual household income of less than thirty-five thousand dollars ($35,000.00) as determined by the most recent decennial census.

MARIJUANA OR MARIHUANA

Cannabis indica, Cannabis sativa and Cannabis ruderalis, hybrids of such species and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp as defined by Missouri Statute, containing a crop-wide average Tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.

MARIJUANA TESTING FACILITY

A facility certified as such by the State of Missouri.

MARIJUANA-INFUSED PRODUCTS

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

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed as such by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana only to a medical marijuana dispensary facility, a medical marijuana-infused products manufacturing facility or another medical marijuana cultivation facility.

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

MEDICAL MARIJUANA TRANSPORTATION FACILITY

A facility certified by the State of Missouri to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility or another medical marijuana transportation facility.

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed as such by the State of Missouri to acquire, store, manufacture, transport and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility or to another medical marijuana-infused projects manufacturing facility.

MICROBUSINESS MARIJUANA DISPENSARY FACILITY

A facility licensed as such by the State of Missouri.

MICROBUSINESS MARIJUANA WHOLESALE FACILITY

A facility licensed as such by the State of Missouri.

MOBILE HOME TRAILER COACH PARK

A development where trailers are located which are used for dwelling purposes.

MOTEL

A building or group of buildings in which lodging or lodging and meals is provided to the public on a transient basis for compensation.

MOTOR VEHICLE

Any motorized, self-propelled automobile, motorcycle, truck or recreational vehicle.

NO-IMPACT HOME-BASED BUSINESS

A home-based business qualifies as a no-impact, home-based business if:
(1) The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and
(2) The activities of the business:

(a) Are limited to the sale of lawful goods and services;
(b) May involve having more than one (1) client on the property at one (1) time;
(c) Do not cause a substantial increase in traffic through the residential area;
(d) Do not violate any parking regulations established by the political subdivision;
(e) Occur inside the residential dwelling or in the yard of the residential dwelling; and
(f) Are not visible from the street; and
(g) Does not violate the terms of any deed restriction, covenant, or agreement restricting the use of the land nor any master Deed, by law or other document applicable to a common interest ownership community.

NON-CONFORMING USE OR STRUCTURE

Any use or structure which existed lawfully on the date this Zoning Ordinance or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations of the Zoning Ordinance or such amendments thereto.

NORMAL BUSINESS HOURS

Those hours during which most similar businesses in the community are open to serve customers. In all cases the term normal business hours must include some evening hours at least one (1) night per week or some weekend hours.

NORMAL OPERATING CONDITIONS

Those service conditions which are within the control of the video service provider. Those conditions which are not within the control of the video service provider include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the video service provider include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the video system.

NURSERY SCHOOL

A pre-kindergarten school for children, primarily between three (3) and five (5) years of age.

NURSING HOME

An establishment which provides full-time domiciliary, convalescent or chronic care for individuals who, by reason of chronic illness, infirmity or age, are unable to care for themselves.

OFF-SITE PARKING OR STORAGE

The parking or storage of motor vehicles, trailers or equipment by or on behalf of the owner or operator of same on property or a portion thereof not owned, leased or rented by the owner or operator of said motor vehicle, trailer or equipment.

OUTDOOR DISPLAY AREAS

Includes any area where selected samples of inventory being displayed for sale are in public view.

OUTDOOR STORAGE AREAS

Includes any area where items such as vehicles, equipment, business inventory or supplies are stored either permanently or temporarily.

PARK

An area open to the general public and reserved for recreational, educational or scenic purposes.

PARKING SPACE

A durable, dust-proof, surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standing motor vehicle, including the necessary driveway and space between motor vehicles on the parking lots. The driveways connecting a parking space with a street or alley shall provide satisfactory ingress and egress of motor vehicles and shall be designed to prevent all possible traffic and fire hazards. All such areas shall be paved with an asphaltic concrete or Portland cement concrete and shall have appropriate curb stops as required by the City.

PARKWAY

A road or roadway intended to be used primarily for passenger vehicles and developed with a park-like or scenic character, with recreational uses.

PERMITTED USE

A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.

PERSON

An individual, partnership, association, organization, corporation, trust or government entity.

PERSON

An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity or any lawful successor thereto or transferee thereof.

PERSON(S) HAVING FACILITIES WITHIN THE RIGHTS-OF-WAY

Any person having ownership or control of facilities located within the rights-of-way.

PLACES OF WORSHIP

See "church"

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.

PORCH

A place or area adjacent to the main structure, and shall include any porch, patio, walkway or deck. An unenclosed or uncovered front porch may extend up to ten (10) feet into the minimum front yard. An enclosed or covered front porch must conform with the front yard requirements of the main structure.

PRIVATE

Restricted to a selected individual or group; not public in nature.

PRIVATE CLUB

An association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise; provided, that the activities of such association shall not be in violation of any Federal, State, County or municipal laws in effect.

PUBLIC

Open to common or general use by the public on an unrestricted basis.

PUBLIC CAMPGROUND

An area containing one (1) or more structures and/or used for the parking of one (1) or more tents, trailers or recreational vehicles designed or intended to be used for temporary living facilities for one (1) or more families and intended primarily for automobile transients or other tourists, on a limited basis for not more than fifteen (15) days.

PUBLIC UTILITY FACILITY, LOCAL

A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.

QUALIFYING PATIENT

A Missouri resident diagnosed with at least one (1) qualifying medical condition.

RETREAT

A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars and similar activities by particular educational, religious, fraternal or other groups.

RIGHT-OF-WAY LINE

A dividing line between a lot, tract or parcel of land and a contiguous street (formerly Street Line).

RIGHTS-OF-WAY (OR "ROW")

Unless otherwise restricted herein, the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, public easement or sidewalk in which the City now or hereafter holds any interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining facilities. "Rights-of-way" shall not include:

(1) City facilities or the City's property other than ROW, such as City-owned or operated buildings, parks or other similar property,
(2) Airwaves used for cellular, non-wire telecommunications or broadcast services,
(3) Easements obtained by ROW users on private property,
(4) Railroad rights-of-way or ground used or acquired for railroads, or
(5) Facilities owned and used by the City for the transmission of one (1) or more services. No reference herein to "rights-of-way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit its use for the delivery of service.

RIGHTS-OF-WAY (OR "ROW") PERMIT

A permit granted by the City to a ROW user for ROW work.

RIGHTS-OF-WAY (OR "ROW") USER

A person performing ROW work within the rights-of-way. A ROW user shall not include ordinary vehicular or pedestrian use.

RIGHTS-OF-WAY (OR "ROW") WORK

Action by a ROW user to: (1) Install, change, replace, relocate, remove, maintain or repair facilities located within the rights-of-way, or (2) To conduct work of any kind within or adjacent to the rights-of-way that results in an excavation, obstruction, disruption, damage or physical invasion or impact of any kind to the rights-of-way or the use thereof. The routine inspection of facilities shall not be considered ROW work unless the inspection requires the conduct of any of the activities or actions noted herein.

SANITARY LANDFILL

A type of operation in which refuse or earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.

SCHOOL

Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

SCREENING

A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

SEMI-FINISHED MATERIAL

Material which has gone through one (1) or more stages of processing.

SERVICE

Providing or delivering an economic good or an article of commerce, including, but not limited to gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or storm water sewerage or any similar or related service, to one (1) or more persons located within or outside of the City by use of facilities located within the rights-of-way.

SERVICE

Providing or delivering an economic good or an article of commerce, including, but not limited to gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or storm water sewerage or any similar or related service, to one (1) or more persons located within or outside of the City using facilities located within the City.

SERVICE INTERRUPTION

The loss of picture or sound on one (1) or more video channels.

SERVICE STATION

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

STABLE, PRIVATE

A detached building accessory to a residential use for the keeping of not more than two (2) horses owned by the occupants of the premises; provided, that the capacity of the stable may be increased if the premises whereon such stable is located contains an area of not less than one (1) acre for each additional horse accommodated. The boarding, hiring, selling or training of horses for any commercial purpose shall not be allowed.

STABLE, RIDING

A building and designated site intended or used exclusively as a shelter for horses which provides for the boarding, hire, sale or training of such horses.

STORY

That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3) above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use.

STREET

A public or private right-of-way which provides access to abutting properties.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls.

STRUCTURE

Any assemblage of material forming a construction for occupancy or use, excepting underground distribution or collection pipes or cables and underground or ground level appurtenances thereto.

SUBSCRIBER

Any person who receives video services in the franchise area.

SUMMER DAY CAMP

A program providing adult supervised indoor and outdoor activities for up to thirty (30) children from ages five (5) through twelve (12), on weekdays from 9:00 A.M. through 3:00 P.M. during the months of May through August. Specific conditions associated with the operation of summer day camps including activities, structures, setbacks and performance standards may be imposed in connection with site specific consideration given to same.

TERMINAL

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

TRAILER

An open or enclosed transport or container used for the movement or storage of goods, materials, supplies, tools, equipment, merchandise, motor vehicles, boats or animals.

TRAILER

Any structure used or capable of being used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term trailer shall include camp car and house car. A permanent foundation shall not change its character if the structure can be removed therefrom practically intact.

USE

Any functional, social or technological activity which is imposed or applied to land or to structures on the land.

VIDEO SERVICE

The provision of video programming provided through wireline facilities, without regard to delivery technology, including Internet protocol technology, whether provided as part of a tier, on demand or a per-channel basis, including cable service as defined by 47 U.S.C. Section 522(6), but excluding video programming provided by a commercial mobile service provider defined in 47 U.S.C. Section 332(d) or any video programming provided solely as part of and via a service that enables users to access content, information, electronic mail or other services offered over the public Internet.

VIDEO SERVICE AUTHORIZATION

The right of a video service provider or an incumbent cable operator, that secures permission from the Missouri Public Service Commission pursuant to Sections 67.2675 to 67.2714 to offer video service to subscribers.

VIDEO SERVICE NETWORK

Wireline facilities or any component thereof that delivers video service, without regard to delivery technology, including Internet protocol technology or any successor technology. The term "video service network" shall include cable television systems.

VIDEO SERVICE PROVIDER FEE

The fee imposed under Section 23-211(c) hereof.

VIDEO SERVICE PROVIDER OR PROVIDER

Any person authorized to distribute video service through a video service network pursuant to a video service authorization.

WAREHOUSE

A structure for use as an interior storage place for goods, material or merchandise.

WITHIN

In, along, under, over or across rights-of-way.

YARD

An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard or the depth of the rear yard, the mean horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

The minimum horizontal distance from the street right-of-way to any portion of the main building, excluding roof overhang. Corner lots shall be considered to have a front yard along both street frontages.

YARD, REAR

The minimum horizontal distance from any portion of the main building foundation to the rear lot line. On both corner lots and interior lots, the rear yard shall be at the opposite end of the lot from the front yard. The location shall be determined by the location of the main entrance to the lot.

YARD, SIDE

The minimum horizontal distance from any portion of the main building foundation to the side lot line on interior lots.

ZONING COMMISSION

The Zoning Commission of the City, including references to the Planning and Zoning Commission, Planning and Zoning Board or the Zoning Board.

City of Eureka, MO

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