[R.O. 2012 §400.010; CC 1988 §400.010; Ord. No. 692, 2-16-1988]
This Title shall be known and may be cited and referred to as
the Zoning Code to the same effect as if the full title were stated.
[R.O. 2012 §400.020; CC 1988 §400.020; Ord. No. 1275 §1, 1-21-2003; Ord. No. 1295 §1, 8-19-2003; Ord. No. 1422 §1, 7-15-2008]
For the purpose of this Title, certain terms and words are herewith
defined as follows:
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular; the word "building" includes
the word "structure"; the word "shall" is mandatory and not directory.
A subordinate and separate structure detached from the main building, the use of which is incidental to that of the principal structure. Accessory storage units shall include deck boxes and other similar outdoor storage containers. Accessory storage units that meet the size requirements of Section 415.060(A)(7) shall not be considered a shed or an accessory structure.
[Ord. No. 1582 § 2, 12-20-2016]
A structure or use that:
Is clearly incidental to and customarily found in connection
with a principal building or use;
Is subordinate to and serves a principal building or a principal
use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
and
Is located on the same lot as the principal building or use
served.[1]
An establishment or place of business primarily engaged in
the production of works of art which may require mechanical equipment
or individuals and assistants, including the sale to consumers of
those works produced.
An establishment or place of business primarily engaged in
automotive related sales or services. The following automotive use
types shall be defined as follow:
Automotive body and paint center. An establishment
or place of business with fifteen thousand (15,000) square feet or
more of gross floor area primarily engaged in the repair of automotive
bodies and/or mechanical works, straightening of body parts, painting,
welding and short-term storage of automobiles until such repairs are
performed.
Automotive convenience store. An establishment
or place of business primarily engaged in gasoline, diesel fuel and
oil sales at retail (with no automobile repair facilities) and the
retail sale of a limited line of goods that generally includes milk,
bread, soda and snacks. Uses permissible also include the sale of
cold drinks, packaged foods, tobacco and similar household convenience
goods for customers.
Automotive customizing shop. An establishment
or place of business that primarily provides after-sales services
for automobiles (including the attendant retail sales of accessories
for such automobiles), such as installation, conversion and modifications
to the interior or exterior of automobiles.
Automotive parts and supply store. An establishment
or place of business primarily engaged in the sale of merchandise
that is associated with the use, repair or upkeep of automobiles.
Automotive rental agency. An establishment
engaged in the rental or leasing of automobiles and light trucks and
vans, including incidental parking of vehicles for rent or lease.
[Ord. No. 1628, 10-15-2019[2]]
Automotive repair shop. An establishment or
place of business primarily engaged in the repair of automobiles or
other motorized vehicles, or the installation or repair of equipment
or parts on motorized vehicles such as mufflers, brakes, tires, radios,
transmissions, glass, and engines or engine parts, but excluding dismantling
or salvage. Automotive repair shops also include:
Automotive paint or body shop. The use of a
building of less than fifteen thousand (15,000) square feet of gross
floor area for the repair of automotive bodies and/or major mechanical
works, straightening of body parts, painting, welding, or storage
of automobiles not in operable condition.
Tire retreading or repair shop. The use of
a building or premises for the repairing or retreading of automotive
tires.
Automotive sales and lease. An establishment
or place of business primarily engaged in the sale and/or lease of
new automobiles, vans and trucks less than two (2) tons, including
incidental parking and servicing of vehicles available for sale, lease
or rent. Such a use also may include as a subordinate use the sales
of used automobiles, vans and trucks.
Automotive service station. An establishment
or place of business primarily engaged in gasoline or diesel fuel
sales at retail for automobiles, recreation vehicles and motorcycles,
and where in addition at least one (1) of the following services is
rendered: sale, replacement or servicing of spark plugs, oil, water
hoses, brake fluids, batteries, distributors, fires, carburetors,
brakes, fuel pumps, or other automotive parts or accessories. See "AUTOMOTIVE REPAIR SHOP" where major mechanical activities
are allowed.
Automotive tire store. An establishment or
place of business primarily engaged in the sale of tires and services
relating to the repair or purchase of tires for automobiles.
Automotive washing. An establishment or place
of business engaged in washing and cleaning of automobiles and related
light equipment. Typical uses include self-service and full-service
car washes.
A store in which baked goods, such as bread, cake and pastry,
are made and sold at retail for consumption off the premises.
An office establishment or business that primarily performs
central banking functions (such as issuing currency, managing national
money supply and international reserves, and acting as fiscal agent
for the central government) and accepts deposits (or share deposits)
and lends funds from these deposits and which establishment may include
these services to patrons and customers through an accessory drive-through
use. Financial services shall also include establishments primarily
engaged in one (1) or more of the following:
Underwriting securities issues or making markets for securities
and commodities;
Acting as agents (i.e., brokers) between buyers and sellers
of securities and commodities;
Providing securities and commodity exchange services; and
Providing other services, such as managing portfolios of assets,
providing investment advice and trust, fiduciary and custody services.
Typical uses include banks, savings associations, savings and loan
institutions, investment banking, securities and brokerages, certified
financial planning, accounting, auditing, bookkeeping and similar
services. Financial services does not include pawn shops, businesses
primarily engaged in check cashing or issuing money orders, or title
loan establishments or other businesses offering short-term consumer
loans secured by personal property, certificates of title to such
property, estimated tax refunds or other such collateral (all of which
are prohibited money changing/money brokering uses).
An establishment or place of business primarily engaged in
the preparation and retail sale of alcoholic beverages with a City
and State approved liquor license for consumption on the premises.
Typical uses include sports bars, cocktail lounges, nightclubs and
similar uses at which less than fifty percent (50%) of the total revenue
is generated by food sales.
A story partly underground and having at least one-half (½)
of its height below the average level of the adjoining ground.
An establishment or place of business consisting of between
one (1) and twelve (12) guest rooms, occupied or used as a transient
abiding place of individuals or groups of individuals who are lodged
for compensation and making available services normally provided by
hotels.
The perforation of human tissue other than an ear for a non-medical
purpose.
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
A structure having a roof supported by columns or walls.
A subordinate and separate building detached from the main building, customarily incidental to and located on the same lot occupied by the main use or building. A detached garage is not considered an accessory building. See § 235.020.
[Ord. No. 1582 § 2, 12-20-2016]
The vertical distance measured from the lowest 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.
A structure for which the property is primarily used.
An establishment intended for the conduct of service or administration
by a commercial enterprise, or offices for the conduct of professional
or business service.
A specialized instructional establishment that provides on-site
training of business, commercial, health care and/or trade skills
such as accounting, medical/dental assistance, cosmetology, computer,
drafting, design, data processing and/or repair.
A building or group of buildings, including, but not limited
to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary,
or other facility wherein persons regularly assemble for religious
worship maintained and controlled by a religious body having a Principal
Use of religious worship or the offering of religious services of
any denomination.
[Ord. No. 1622, 7-16-2019]
A membership association composed of persons who are bona
fide dues paying members and to whom (and their guests) use of facilities
owned or leased by the association is generally restricted. Such definition
shall include buildings owned or operated by a person for a social,
educational or recreational purpose but not primarily for profit and
not primarily to render a service that is customarily carried on as
a business. This definition shall include organizations such as the
American Legion, Masonic Lodge and Veterans of Foreign War. Also see "FRATERNAL ORGANIZATIONS".
Any and all zoning districts except for residence districts.
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 1676, 1-17-2023]
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, transport to or from, and sell
marijuana, marijuana seeds, marijuana vegetative cuttings (also known
as clones) to a medical marijuana facility, comprehensive facility,
or marijuana testing facility. A comprehensive marijuana cultivation
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of prerolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 1676, 1-17-2023]
A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided in Article XIV, Sections 1 and 2 of the Missouri Constitution, to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations in Article XIV, Sections 1 and 2 of the Missouri Constitution, and this Section, and otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary facility directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need to segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 1676, 1-17-2023]
A facility licensed by DHSS to acquire, process, package,
store, manufacture, transport to or from a medical facility, comprehensive
facility, or marijuana testing facility, and sell marijuana-infused
products, prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another marijuana-infused
products manufacturing facility. A comprehensive marijuana-infused
products manufacturing facility need not segregate or account for
its marijuana products as either non-medical marijuana or medical
marijuana.
[Ord. No. 1676, 1-17-2023]
For purposes of marijuana regulations, a person who is at
least twenty-one (21) years of age.
[Ord. No. 1676, 1-17-2023]
An identification card authorized pursuant to Article XIV, Section 2, of the Missouri Constitution, issued by the State of Missouri, allowing the holder to cultivate non-medical marijuana in amounts and in secure manners as authorized by DHSS, only to the extent authorized by applicable law.
[Ord. No. 1676, 1-17-2023]
An establishment or place of business (sometimes known as
food marts) engaged primarily in the retail sale of a limited line
of goods that generally includes milk, bread, soda and snacks, non-alcoholic
beverages, packaged food, tobacco products and household convenience
goods. This use shall not include automobile repair facilities or
those uses allowed at an automotive repair shop or uses with fuel
pumps (see "AUTOMOTIVE CONVENIENCE STORE").
As related to activity authorized pursuant to Article XIV, Sections 1 and 2 of the Missouri Constitution, as applicable, and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
[Ord. No. 1676, 1-17-2023]
A house or other place conducted or maintained by any person
who advertises or holds himself/herself out as providing care for
more than four (4) persons during the daytime, for compensation or
otherwise, except those operated by a school system, but a child care
facility shall not include any private or religious organization,
elementary or secondary school, a religious organization academic
preschool or kindergarten, or a home school. Terms associated with
day care facilities shall be defined as follows:
Day care home. A family home occupied by the
day care provider in which family-like care is given to no more than
four (4) persons not related to the day care provider for any part
of the twenty-four (24) hour day without overnight stays.
Day care, group. A building occupied by a day
care provider that receives more than four (4) but fewer than twenty
(20) persons for care for any part of a twenty-four (24) hour day
without overnight stays.
Day care center. A building occupied by a day
care provider that receives twenty (20) or more persons for care for
any part of a twenty-four (24) hour day without overnight stays.
A flat floored platform not set into but raised above the
ground or finished grade more than twelve (12) inches serving as a
floor and having no roof or covering of any kind and which is usually,
but not necessarily, made of wood (or some material made to resemble
a wood product) and attached to a building.
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 1622, 7-16-2019]
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 1676, 1-17-2023]
One (1) or more sections of the City of Warson Woods for
which the regulations governing the height, area and use of buildings
and premises are the same.
A place of business that through design, physical facilities,
service or packaging procedures encourages customers to receive services,
obtain goods or be entertained while remaining in their motor vehicles.
This definition shall include all curb service establishments, drive-in
restaurants and drive-in cafes but does not include drive-through
windows as an accessory use.
Any portion of a building or structure from which business
is transacted, or is capable thereof, directly with customers located
in a motor vehicle during such business transactions.
A roadway on private property leading to a building, parking
area or use. For single-family residences, a driveway may also serve
as a parking space.
An establishment that primarily sells, at retail, prescription
and non-prescription drugs and medicines although it may also engage
in general light retail sales. Excludes grocery stores with pharmacies.
A room or suite of rooms within an apartment building arranged,
intended or designed as a place of residence, or any building or portion
thereof which is designed, built, leased, rented, let or hired to
be occupied, or which is occupied as the home or residence of three
(3) or more families living independently of each other and doing
their own cooking in the said building; or a building or portion thereof
designed exclusively for residential occupancy, including single-family,
two-family and multiple dwellings, boarding and lodging houses, apartment
houses and apartment hotels, but not hotels, motels, rooming houses,
nursing homes, travel trailers, recreational vehicles, manufactured
or mobile homes. The following words or terms associated with dwelling
shall have the following meanings:
Apartment. A suite of rooms or a room in a
building arranged and intended for a place of residence of a single
family or a group of individuals living together as a family in a
separate dwelling unit.
Loft dwelling. A dwelling located above the
first (1st) floor of a non-residential use such as a store or office.
Multi-family dwelling. A dwelling situated
on one (1) lot occupied by three (3) or more families in separate
dwelling units living independently of each other.
Single-family attached dwelling (twin home or townhome). Single-family dwellings sharing a common wall but situated on separate
lots designed to be occupied exclusively by separate families.
Single-family detached dwelling. A dwelling
situated on one (1) lot designed to be occupied exclusively by one
(1) family.
Two-family dwelling (duplex). A dwelling situated
on one (1) lot occupied exclusively by two (2) families, respectively,
in separate dwelling units living independently of each other.
A building designed for or occupied exclusively by one (1)
family. Single-family dwelling or single-family residence shall include,
but not be limited to, group homes and foster homes.
[Ord. No. 1566 § 1, 11-17-2015]
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than pre-school nor higher than the
eighth grade.
[Ord. No. 1622, 7-16-2019]
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 1622, 7-16-2019]
A single individual doing his/her own cooking and living upon
a premises as a separate housekeeping unit; or
A collection of persons doing their own cooking and living together
upon a premises as a separate housekeeping unit in a domestic relationship
based on birth, marriage, adoption or employment as domestic servants;
or
A group of not more than three (3) unrelated persons doing their
own cooking and living together on the premises as a separate housekeeping
unit pursuant to a mutual agreement.
A market held in an open area or tent where one (1) or more
vendors offer for sale to the public such items as unprocessed foodstuffs,
produce, home-processed food products, homemade handicrafts, and items
customarily sold or dispensed at farmer's markets.
[Ord. No. 1693, 7-18-2023]
An establishment offering instruction in the arts, including
dance, art, drama and music.
A Marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 1622, 7-16-2019]
A private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one (1) or
more but less than seven (7) children who are unrelated to either
foster parent by blood, marriage or adoption.
[Ord. No. 1566 § 1, 11-17-2015]
All the property abutting on one (1) side of a street or
place between two (2) intersecting streets or places (crossing or
terminating) measured along the line of the street or place or, if
the street or place be a dead-end street, then all the property abutting
on one (1) side between an intersecting street or place and the dead-end
of the street or place.
A garage used for the storage of self-propelled vehicles
used by other than the property owners.
A building whose roof and sides are made primarily of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants for subsequent
sale or for personal enjoyment.
Establishments with ten thousand (10,000) square feet of
gross floor area or more primarily engaged in the retail sale of food
or household products for home consumption. Typical uses include large
grocery stores (including the sale of beer and wine in unopened containers
for off premise consumption where revenue from the sale of groceries
comprises at least fifty-one percent (51%) of the gross income of
the establishment during a calendar year, and where at least fifty-one
percent (51%) of the total display or shelf space is devoted to groceries
other than beer and wine), delicatessens, meat markets, retail bakeries
and candy shops.
A permitted form of single-family residential occupancy in
which eight (8) or fewer unrelated mentally or physically handicapped
persons reside, and may include two (2) additional persons acting
as house parents or guardians who need not be related to each other
or to any of the mentally or physically handicapped persons residing
in the home.
[Ord. No. 1566 § 1, 11-17-2015]
A retail store of less than twenty thousand (20,000) square
feet selling items such as tools, paint, hardware, plumbing supplies,
items designed for installation in the home and a limited selection
of building materials.
A business that provides facilities for aerobic exercises,
such as running and jogging tracks, exercise equipment, game courts,
gymnasium or swimming facilities.
A retail store of twenty thousand (20,000) square feet or
more selling building materials, wall and floor coverings, lighting
supplies, tools, paint, hardware, plumbing supplies, lawn and garden
supplies, items designed for installation in the home and associated
items for the home.
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 for residential purposes and does not change
the residential character of the residential building or adversely
affect the character of the surrounding neighborhood.
[Ord. No. 1673, 1-17-2023]
A use that provides electronic data processing services.
These establishments may provide complete processing and preparation
of reports from data supplied by customers; specialized services,
such as automated data entry services; or may make data processing
resources available to clients on an hourly or timesharing basis.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
An establishment or place of business primarily engaged in
the provision of landscaping, landscape maintenance and related services
to firms, businesses, residences or individuals. Typical uses include
mowing, planting, fertilizing, trimming or irrigation services.
An establishment or place of business primarily engaged in
the provision of laundering, dry cleaning or dyeing services.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing and/or involving the mechanical or chemical transformation
of materials or substances into new products including the assembly
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors
at a scale and intensity that is compatible with the surrounding residential
and commercial uses.
[Ord. No. 1622, 7-16-2019]
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of alcoholic beverages.
Typical uses include liquor stores, bottle shops or any licensed sales
of liquor, beer or wine for off-site consumption.
An area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which a loading space is
located.
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks which has a minimum
of twelve (12) feet by thirty-five (35) feet and a vertical clearance
of fourteen (14) feet.
Establishments that provide utility services, such as electric
power, natural gas, steam supply, water supply and sewage removal.
Not included are waste management services which collect, treat and
dispose of waste materials and do not directly use or operate utilities.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under this
Title, but not including any land described in or included in an easement
for a street.
A lot situated at the junction of two (2) or more streets
or places.
A lot having access to a street by means of a private driveway,
access easement or parcel of land not meeting the requirements of
this Chapter for lot width, but having a width dimension of at least
twenty (20) feet at its narrowest point.
A lot other than a corner lot.
Any lot that does not have a generally rectangular shape
either due to an abnormal lot line or due to the absence of a rear
lot line. Pie shaped lots shall be considered irregular lots.
An interior lot having frontage on two (2) parallel or approximately
parallel streets or places. Also known as a "double frontage lot."
The area of a horizontal plane bounded by the vertical planes
through front, rear and side lot lines.
The mean horizontal distance between the front and rear lot
lines.
 |
The property boundary line of any lot. The derivations or
modifications of lot line shall maintain the following definitions.
The lot line abutting a street or private drive. In the case
of a corner lot, the front lot line shall normally be the lot line
to which the main building on the lot is oriented; if the building
is oriented towards both streets equally, the front lot line shall
be the lot line with the shortest length abutting the street. In the
case of a through lot (double-frontage), the front lot line shall
be the lot line abutting the street that provides primary access to
the lot or toward which the main building on the lot is oriented.
Any lot line that is not a front lot line or a side lot line.
Any lot line that intersects the front lot line. A side lot
line shall include any linked line segments or arcs that have a bearing
which is within forty-five degrees (45°) of a line drawn perpendicular
to the front lot line.
 |
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of St. Louis
County, or a lot described by metes and bounds, the description of
which has been recorded in the office of the County Recorder of St.
Louis County.
The horizontal distance between the side lot lines measured
at the front building line.
Cannabis indica, Cannabis saliva, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
"Marijuana" or "marihuana" do not include industrial hemp, as defined
by Missouri Statute, or commodities or products manufactured from
industrial hemp.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
Means a 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
DHSS, but shall not include a medical marijuana facility licensed
by the DHSS.
[Ord. No. 1676, 1-17-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
A facility certified by DHSS to acquire, test, certify, and
transport marijuana, including those originally licensed as a medical
marijuana testing facility.
[Ord. No. 1676, 1-17-2023]
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows, or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy or podiatry is required by law, or to those occupations
defined in Chapter 329, RSMo., as amended.
A health care practitioner who provides or offers to provide
massage therapy, as provided in Sections 324.240 to 324.275, RSMo.,
to any person at no cost or for a fee, monetary or otherwise, implying
that the massage therapist is trained, experienced and licensed in
massage therapy and who holds a current, valid license to practice
massage therapy.
An establishment that is licensed by the State of Missouri
as a massage therapy business and that provides baths and body massages
or either of them. Nothing herein contained shall apply to a licensed
massage therapist or an establishment where massage therapy is practiced
including an accredited college, certified to operate in Missouri
by the Coordinating Board of Higher Education, from offering a massage
therapy course of study in which its students and employees may give
body massages as a required part of college's curriculum or State
requirement, provided that the percentage of students taking the course
is not more than thirty-three percent (33%) of the entire enrollment
of the college.
Establishments that wholesale medical and other healthcare
materials, equipment and tools to clinics, hospitals and other facilities
that treat, house or care for patients.[3]
A facility licensed by the DHSS to acquire, cultivate, process,
package, store on-site or off-site, transport to or from and sell
marijuana, marijuana seeds, marijuana vegetative cuttings (also known
as clones) to a medical marijuana dispensary facility, marijuana testing
facility, medical marijuana cultivation facility, or to a medical
marijuana-infused products manufacturing facility. A medical marijuana
cultivation facility's authority to process marijuana shall include
the production and sale of prerolls, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
Any one (1) of the following medical marijuana uses:
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
A facility licensed by DHSS to acquire, process, package,
store on-site or off-site, manufacture, transport to or from, and
sell marijuana-infused products to a medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility or to another medical marijuana-infused products manufacturing
facility.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
Laboratories that provide analytic or diagnostic services
and other services such as medical imaging and forensics.
Establishments that provide therapeutic, preventive or corrective
personal treatment services on an outpatient basis by physicians,
dentists and other practitioners of the medical or healing arts and
the provision of medical testing and analysis services. Typical uses
include clinics and offices for doctors of medicine, dentists, orthodontists,
chiropractors, osteopaths and optometrists.
Medical care centers or clinics that have several practitioners
with different specializations practicing within the same establishment
and which perform minor surgery along with the diagnosis, care and
treatment of physical or mental diseases or ailments of human beings;
and in which no patients are lodged overnight, but which may include
a pharmacy. Many such centers also function as HMO medical centers
and focus on primary health care.
A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided pursuant to the terms of Article XIV, Sections 1 and 2 of the Missouri Constitution, to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address directed by the consumer qualifying patient, or primary caregiver and, consistent with the limitations of Article XIV, Sections 1 and 2, and this Section and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 1676, 1-17-2023]
A facility licensed by DHSS to acquire, cultivate, process,
package, store on-site or off-site, manufacture, transport to or from
deliver, and sell marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as clones), and marijuana-infused products to
a microbusines dispensary facility, other microbusiness wholesale
facility, or marijuana testing facility. A microbusiness wholesale
facility may cultivate up to two hundred fifty (250) flowering plants
at any give time. A microbusiness wholesale facility's authority to
process marijuana shall include the creation of prerolls and infused
prerolls.
[Ord. No. 1676, 1-17-2023]
A business engaged in the cooking, preparing, assembling,
serving, selling, offering for sale, or distributing of food, beverages,
or any other type of similar merchandise to the general public from
a mobile vending vehicle within the City while such mobile vending
vehicle remains parked or in an otherwise stationary position for
thirty (30) minutes or more.
[Ord. No. 1693, 7-18-2023]
A property on which multiple mobile vending businesses may
operate at a single time.
[Ord. No. 1693, 7-18-2023]
Any movable vehicle, truck, trailer, pushcart, portable facility,
or other similar vehicle used by a mobile vending business.
[Ord. No. 1693, 7-18-2023]
Establishments that retail musical instruments and related
supplies and may also retail sheet music, offer music instruction,
rent or repair instruments as accessory uses.
A place, such as a temporary outdoor stall, tent, pushcart,
or other like facility, where newspapers, periodicals, and other like
items are commonly sold.
[Ord. No. 1693, 7-18-2023]
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.
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as accessory to a permitted primary use.
Typical uses include real estate, insurance, property management,
investment, employment, travel, advertising, law, architecture, design,
engineering, accounting and similar offices.
A business establishment of one (1) or more physicians, dentists
or other health practitioners providing medical services in a specific
area of health care, organized as a single business entity, and lawfully
established for medical and dental consultation to persons on an outpatient
basis.
An establishment that retails products and materials for
business and office use.
The keeping, in an unprotected, unroofed area, of any goods,
junk, material, merchandise or vehicles in the same place for more
than twenty-four (24) hours.
Any place, lot, parcel or yard used in whole or in part for
storing or parking of two (2) or more vehicles where such usage is
not incident to or in conjunction with a single-family dwelling, or
other usage permissible in single-family dwelling districts, and located
on the same tract.
A durably surfaced area, enclosed in the main building, in
an accessory building or unenclosed, sufficient in size to store one
(1) standard automobile and if the space is unenclosed, comprising
an area of not less than three hundred (300) square feet which is
suitable to parking an automobile and driveway and shall be inclusive
of all driveways in the parking area but exclusive of access driveways
to reach such parking area or areas.
A level, unenclosed surfaced area, not exceeding twelve (12)
inches in height, located at the finished grade that is usually directly
adjacent to an attached building. Patio does not include a deck.
An establishment or place of business primarily engaged in
the sale of merchandise in which merchandise is offered as collateral
for obtaining loans and wherein such merchandise is offered for sale
in recompense for default of loan repayment or engaged in lending
money on the security of pledged personal property on the condition
that the pledged personal property may be redeemed or repurchased
by the seller for a fixed amount of money within a fixed period of
time.
An establishment in the business of making unsecured loans
under five hundred dollars ($500.00) and that is registered with the
appropriate State agency, department or official as may be required
by law.
A right-of-way dedicated or otherwise assigned to public
use that cuts across a block to facilitate pedestrian access to adjacent
streets and properties.
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, heat, glare or other
effects generated by or inherent in the uses of land or buildings.
Such standards may also establish other various criteria for land
use.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.
A place of business primarily engaged in the cleaning, bathing,
brushing and cutting of hair of household pets and where the pets
are not kept overnight.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 1622, 7-16-2019]
A document, whether handwritten, electronic or in another
commonly used format, signed by a physician and stating that, in the
physician's professional opinion, the patient suffers from a qualifying
medical condition as defined in Missouri State law.
[Ord. No. 1622, 7-16-2019]
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
A building used for mass assembly of people for social, cultural,
educational or religious purposes. Such use may include schools(elementary
and high), accessory gymnasiums, community buildings, churches, synagogues
and other places of worship.
A place where trees, shrubs, or other plants are sold, including
the accessory sale of soil, planting materials, fertilizers, garden
supplies and equipment, ornaments, and other similar material. A plant
nursery, may also, but is not required to, grow the trees, shrubs,
or other plants that are sold on-site.
[Ord. No. 1693, 7-18-2023]
A temporary outdoor public market held in an open area or
tent at which a retailer sells non-consumable household goods, clothes,
and other like items to consumers.
[Ord. No. 1693, 7-18-2023]
A platform that may be screened, projecting from the wall
of a building and with direct access to or from a building. Porch
does not include a deck.
The United States Post Office or shipping packing store where
no warehousing and distribution is involved.
An area of land with its appurtenances and buildings that,
because of its unity of use, is one (1) unit of real estate.
A consumable or smokable marijuana product, generally consisting
of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant
material. Prerolls may or may not include a filter or base at the
product.
[Ord. No. 1676, 1-17-2023]
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a Qualifying
Patient and who is designated as such under the rules and regulations
of the Department and possesses a Department issued Primary Caregiver
or Primary Caregiver Cultivation Identification Card.
[Ord. No. 1622, 7-16-2019]
Shall have the same meaning as set forth in 19 CSR 30-95.010(35)
as amended.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
An identification card, authorized by Article XIV, Section 1 of the Missouri Constitution, issued by DHSS allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by Article XIV, Section 1 of the Missouri Constitution, and DHSS, only to the extent authorized by applicable law.
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
A business establishment primarily engaged in specialized
repair services at the customer's premises including, but not limited
to, repairs to major appliances, heating and air conditioning units,
plumbing systems, electrical systems, as well as pipe and drain cleaning,
tuckpointing and driveway sealing.
A business establishment primarily engaged in specialized
repair services such as appliance repair, jewelry repair, bicycle
repair, leather goods repair, lawn mower and lawn equipment repair,
lock and gun repair, musical instrument repair, and radio, stereo,
VCR, computer or TV repair where the repairs primarily take place
at the business establishment. This use does not include "automotive
repair shops".
The "A" and "B" Residence Districts as described in Section 400.030 of this Code.
Any walk-up or drive-through establishment primarily engaged
in the sale of food or drink for consumption, either on or off the
premises, by order from or service to persons either over an interior
counter, outside the structure or from an outdoor service window or
automobile service window, or by delivery. This definition shall not
include otherwise permitted restaurants where outdoor table service
is provided to customers in established outdoor dining areas or where
drive-through or take-out service is an incidental service.
An establishment or place of business primarily engaged in
the preparation of full course meals served for consumption on premise,
with complete kitchen facilities for preparation of the food sold,
and where alcoholic beverages may be sold in conjunction with meals,
or at a bar within the restaurant, provided that more than fifty-one
percent (51%) of the revenue generated at the restaurant is related
to food sales. This term includes fast-food restaurants.
A use engaged in the preparation and retail sale of food
and beverages, excluding alcoholic beverages. Typical uses include
ice cream parlors and coffee shops. This term does not include uses
that would be included under the definition of "fast food restaurant"
or "drive-through window".
An establishment that operates at fixed point-of-sale locations,
which are designed to attract a high volume of walk-in customers,
where manufactured or processed merchandise such as apparel, accessories,
small wares, books, toys, clothing or shoes is purchased by the owner
or operator thereof and displayed and resold as new merchandise to
the general public for personal or household consumption. It does
not include an establishment where food is processed, prepared or
cooked for consumption and sale, any of the uses set forth under automotive
services, or any other such retail use specifically permitted or prohibited.
An architecturally decorative wall as for enclosing, separating
or cutting off from view a courtyard or patio.
A temporary tent, stand, or other like facility where Christmas
trees and other seasonal items are sold, such as winter holiday decorations.
This may include outdoor games, other family oriented activities,
and the sale of food.
[Ord. No. 1693, 7-18-2023]
A temporary tent, stand, or other like facility where pumpkin
and other seasonal items are sold, such as fall/autumn holiday decorations.
This may include outdoor games, other family oriented activities,
and the sale of food.
[Ord. No. 1693, 7-18-2023]
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than the sixth nor higher than the
12th grade.
[Ord. No. 1622, 7-16-2019]
See "YARD REQUIREMENT(S)".
An accessory building or other construction whether permanently
located on or affixed to the ground or not, designed to store property
or protect from the elements or loss. An accessory storage unit shall
not be considered a shed. Generally speaking, a shed is an accessory
building that is one hundred fifty (150) square feet in floor area
or less, and ten (10) feet in height or less. Accessory buildings
that exceed these dimensions are generally considered detached garages.
[Ord. No. 1582 § 2, 12-20-2016]
Facilities dedicated primarily to fitness and other outdoor
activities that are generally associated with certain activities or
competitions of specific sports, such as a sand volleyball court,
basketball court, pickleball court, tennis court, roller hockey rink,
skate park, and general playground equipment.
[Ord. No. 1693, 7-18-2023]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two (2) opposite exterior walls are not more
than two (2) feet above the floor of such story.
A thoroughfare which affords the principal means of access
to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof and exterior walls.
Anything constructed or erected, whether on-site or prefabricated
(pre-assembled), the use of which requires a more or less permanent
location on the ground or attached to something having a permanent
location on the ground. This definition shall not include pavements
including driveways and sidewalks, or mailboxes.
[Ord. No. 1582 § 2, 12-20-2016; Ord.
No. 1702, 11-21-2023]
One (1) or more of the following:
An establishment or businesses in which tattooing services
are offered and performed.
Any structure constructed for a temporary period of time
that has a canvas or fabric roof and is supported by less than four
(4) walls and is designed primarily for the sale of goods for a temporary
period of time within two hundred (200) feet of public right-of-way.
A building or premises devoted to showing motion pictures
or for live dramatic or musical performances. Terms associated with
theater shall be defined as follows:
Movie theater. A building primarily used for
the exhibition of movies or other prerecorded productions to the general
public in an indoor setting. This use category also includes cineplexes
— complex structures with multiple movie theaters, each theater
capable of providing performances independent of the others in the
complex.
Performing arts theater. A building primarily
used for the presentation of live performances of plays or music.
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of tobacco and/or tobacco-related
products ("tobacco products") and/or an establishment where one-half
(½) or more of the net floor area is dedicated to or where
one-half (½) or more of the gross receipts are derived from
the sale of tobacco products.
See "DWELLING".
A single unit of real property under one (1) ownership which
may be platted or unplatted.
A portable structure supported by wheels, jacks, horses,
skids or blocks without permanent foundation that is towed or hauled
by another vehicle used for temporary human occupancy, to carry materials,
goods or objects or use as a temporary office.
Referring to persons shall mean two (2) or more people not
related by blood, marriage or adoption.
The purpose or activity for which the land, or structure
thereon, is designed, arranged or intended or for which it is occupied
or maintained.
A lot or parcel of land on which pre-owned or used, operable
vehicles, including automobiles, trailers and trucks, are displayed
for sale or trade.
An establishment or place of business primarily engaged in
the retail sale of used merchandise or secondhand goods, such as used
clothes, antiques, secondhand books or rare manuscripts, or items
of architectural salvage but not including used cars or other motorized
vehicles.
Any passenger vehicle, motorcycle, recreational vehicle,
truck, trailer truck or semi-trailer that is propelled or drawn by
mechanical power.
An establishment or place of business primarily engaged in
the medical care and treatment of animals.
A business establishment primarily engaged in the retail sale or rental or prerecorded music, movies or other audio or video programs. This excludes establishments renting or retailing any explicit sexual material or other audio or video depiction of sexual conduct as defined in Article X, Section 215.1670 of the Warson Woods Municipal Code.
A commercial establishment not engaged in the retail sales
of goods that encourages its customers or patrons to park and leave
their vehicle briefly to transact business.
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
Statuary, arbors, trellises, pergolas, barbecue stoves, dog
houses and gazebos.
A line parallel to the respective lot line and internal to
the lot that defines the required building setback as specified in
the zoning district regulations. The derivations of the yard or setback
line shall maintain the following definitions:
[Ord. No. 1601, 5-15-2018]
Yard, front: A yard extending across the front
of the lot between the side lot lines and measured between the front
lot line and a line parallel to the front of the main building extending
from side lot to side lot line, and
Yard, rear: A yard extending across the full
width of the lot and measured between the rear lot line and a line
parallel to the rear of the main building. If there is no rear lot
line, the rear yard shall extend from a line parallel to the rear
of the main building to its intersection with the side lot lines and
then to the intersection of the two (2) side lot lines.
Yard, side: A yard between the main building
and the side lot line and extending from the front yard to the rear
yard.
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[1]
Editor's Note: The former definition of "Administer Medical
Marijuana," which immediately followed, was repealed 1-17-2023 by
Ord. No. 1676. Prior history includes: Ord. No. 1622.
[3]
Editor's Note: The former definition of "Medical Marijuana
Cultivation," which immediately followed, was repealed 1-17-2023 by
Ord. No. 1676. Prior history includes: Ord. No. 1622.
[4]
Editor's Note: The former definitions of "Medical Marijuana
Medical Use," "Medical Marijuana Transportation Facility," and "Medical
Marijuana Use," which all immediately followed, were repealed 1-17-2023
by Ord. No. 1676. Prior history includes: Ord. No. 1622.
[R.O. 2012 §400.030; CC 1988 §400.030; Ord. No. 692, 2-16-1988; Ord. No. 1028 §1, 3-15-1994; Ord. No. 1275 §2, 1-21-2003; Ord. No. 1295, 8-19-2003]
A.
In
order to regulate and restrict the location of businesses and residences
and the location of buildings erected or altered for specific uses,
and to regulate and limit the height of buildings hereafter erected
or altered, to regulate and determine area of yards and other open
spaces, and to regulate and limit the density of population, the City
of Warson Woods is hereby divided into three (3) districts, the "A"
Residence District, the "B" Residence District and the "C" Manchester
Road Commercial District as set forth on the Official Zoning Map adopted
by the Board of Aldermen and as may be amended by the Board from time
to time. A fourth zoning district, the “D” Planned Development
Light Industrial District exists, but, as no lot or parcel currently
existing within the City of Warson Woods is zoned for or meets the
requirements of the "D” District, this District does not currently
appear on the Official Zoning Map. The Official Zoning Map is incorporated
herein by reference.
[Ord. No. 1622, 7-16-2019]
B.
The
boundaries of these districts are indicated upon the District Zone
Map of the City, which map is made a part of this Title and three
(3) copies of which are on file in the office of the City Clerk. The
said District Zone Map and all notations, references and other matters
shown thereon shall be as much a part of this Title as if the notations,
references and other matters set forth by said Map were all fully
described herein; and said District Zone Map is properly attested
and is on file with the City Clerk of the City.
C.
All
streets, alleys or other right-of-way (the “right-of-way”)
shall be zoned the same as the zoning districts adjoining each side
of the right-of-way; in the case where the zoning on one side of the
right-of-way differs from the opposite side, the right-of-way shall
be considered part of the more restrictive of the two (2) abutting
zoning districts.
[Ord. No. 1607, 8-21-2018]
D.
Except
as hereinafter provided:
1.
No building shall be erected, converted, reconstructed or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
2.
No building shall be erected, reconstructed or structurally altered
to exceed the height limit herein established for the district in
which such building is located.
3.
No building shall be erected, reconstructed or structurally altered
so as to intrude upon the area required for the front, side and rear
yards as herein established.
4.
No lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this Title, nor shall
the density of population be increased in any manner except in conformity
with the area regulations herein established.
5.
No building shall hereafter be erected or structurally altered unless
located on a lot as herein defined, and in no case shall there be
more than one (1) building on one (1) lot except as hereinafter provided.
A.
All
applications for building permits shall be accompanied by a boundary
survey showing the lot plan, the location of the building(s) and any
structures on the lot (proposed and existing), accurate dimensions
of building and lot (proposed and existing), any buildings or structures
proposed to be removed, and such other information as may be necessary
to the City in the enforcement of these regulations.
B.
Exception
To Boundary Survey Requirement. Notwithstanding the requirement for
a boundary survey with each application for building permit, where
an applicant proposes to make modifications to a single-family detached
dwelling that involve only interior work, a boundary survey shall
not be required provided the applicant provides the City with a sworn
affidavit in the City’s form that includes the applicant’s:
1.
Acknowledgment of assumption of risks or proceeding without a survey;
2.
Release of the City from any claims based on City’s waiver
of the survey requirement;
3.
Verification that no boundary survey is in the possession to the
applicant;
4.
Representation that all work will be on the interior and acknowledgment
that if project were to change to include exterior work, work will
cease until a boundary survey is provided to the City; and
5.
Provision of any other representations or information deemed necessary
by the City Clerk, Building Commissioner or City Attorney.
C.
BOUNDARY SURVEY
INTERIOR WORK
Definitions.
The following definitions shall be applicable to this Section:
A document prepared and sealed by a licensed, professional
land surveyor that meets the Missouri Minimum Standards for Property
Boundary Surveys and is based on a survey that establishes or reestablishes
the boundaries or limits of real property identified by a deed of
record.
Construction work inside the existing building “envelope”
and that has no effect on the outside of the building. For example,
adding a bay window as part of an interior project would make the
project not qualify as “interior” because it would change
the existing building envelope.
[1]
Editor's Note: Ord. No. 1605 also changed the title of this
Section from "Building Permit — Plat To Accompany Application"
to "Building Permit — Survey to Accompany Application; Exception."
[Ord. No. 1675, 1-17-2023]
In administering this Title IV, the City shall collect a fee
of not less than two hundred dollars ($200.00) for any application
requesting zoning or land use approval. However, the fee authorized
by this Section shall not apply to applications for which there is
a prescribed fee enumerated in the elsewhere in Title IV, in which
case, the enumerated fee is to apply.
