[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.
ACCESSORY STORAGE UNITS
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]
ACCESSORY USE
A structure or use that:
1. 
Is clearly incidental to and customarily found in connection with a principal building or use;
2. 
Is subordinate to and serves a principal building or a principal use;
3. 
Is subordinate in area, extent or purpose to the principal building or principal use served;
4. 
Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and
5. 
Is located on the same lot as the principal building or use served.[1]
ART GALLERY/STUDIO
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.
AUTOMOTIVE SERVICE
An establishment or place of business primarily engaged in automotive related sales or services. The following automotive use types shall be defined as follow:
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
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]]
6. 
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:
a. 
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.
b. 
Tire retreading or repair shop. The use of a building or premises for the repairing or retreading of automotive tires.
7. 
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.
8. 
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.
9. 
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.
10. 
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.
BAKERY
A store in which baked goods, such as bread, cake and pastry, are made and sold at retail for consumption off the premises.
BANKING OR FINANCIAL SERVICES
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:
1. 
Underwriting securities issues or making markets for securities and commodities;
2. 
Acting as agents (i.e., brokers) between buyers and sellers of securities and commodities;
3. 
Providing securities and commodity exchange services; and
4. 
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).
BAR OR TAVERN
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.
BASEMENT
A story partly underground and having at least one-half (½) of its height below the average level of the adjoining ground.
BED AND BREAKFAST
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.
BODY PIERCING
The perforation of human tissue other than an ear for a non-medical purpose.
BRANDING
A permanent mark made on human tissue by burning with a hot iron or other instrument.
BUILDING
A structure having a roof supported by columns or walls.
BUILDING OR STRUCTURE, ACCESSORY
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]
BUILDING, HEIGHT OF
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.
BUILDING, MAIN
A structure for which the property is primarily used.
BUSINESS
An establishment intended for the conduct of service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
BUSINESS OR VOCATIONAL SCHOOL
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.
CHURCH
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]
CIVIC OR FRATERNAL ORGANIZATION
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".
COMMERCIAL DISTRICT(S)
Any and all zoning districts except for residence districts.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
[Ord. No. 1676, 1-17-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
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]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
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]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
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]
CONSUMER
For purposes of marijuana regulations, a person who is at least twenty-one (21) years of age.
[Ord. No. 1676, 1-17-2023]
CONSUMER CULTIVATION IDENTIFICATION CARD
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]
CONVENIENCE STORE
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").
CULTIVATION
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]
DAY CARE FACILITY
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:
1. 
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.
2. 
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.
3. 
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.
DECK
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.
DEPARTMENT
The Missouri Department of Health and Senior Services, or its successor agency.
[Ord. No. 1622, 7-16-2019]
DHSS
The Missouri Department of Health and Senior Services, or its successor agency.
[Ord. No. 1676, 1-17-2023]
DISTRICT
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.
DRIVE-THROUGH ESTABLISHMENT
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.
DRIVE-THROUGH WINDOW
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.
DRIVEWAY
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.
DRUG STORE/PHARMACY
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.
DWELLING
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:
1. 
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.
2. 
Loft dwelling. A dwelling located above the first (1st) floor of a non-residential use such as a store or office.
3. 
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.
4. 
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.
5. 
Single-family detached dwelling. A dwelling situated on one (1) lot designed to be occupied exclusively by one (1) family.
6. 
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.
DWELLING, SINGLE-FAMILY
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]
ELEMENTARY SCHOOL
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]
ENTITY
A natural person, corporation, professional corporation, non-profit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 1622, 7-16-2019]
FAMILY
1. 
A single individual doing his/her own cooking and living upon a premises as a separate housekeeping unit; or
2. 
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
3. 
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.
FARMER'S MARKET
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]
FINE OR PERFORMING ARTS STUDIO
An establishment offering instruction in the arts, including dance, art, drama and music.
FLOWERING PLANT, MARIJUANA
A Marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
[Ord. No. 1622, 7-16-2019]
FOSTER HOME
A private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
[Ord. No. 1566 § 1, 11-17-2015]
FRONTAGE
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.
GARAGE
A building for the private, non-commercial use of the owner or occupant of a main building situated on the same lot as the main building for the storage of motor vehicles. (See Section 415.010, Subsection (4) for size limitations.)
GARAGE, PUBLIC
A garage used for the storage of self-propelled vehicles used by other than the property owners.
GREENHOUSE
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.
GROCERY STORE
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.
GROUP HOME
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]
HARDWARE STORE
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.
HEALTH CLUB OR FITNESS CENTER
A business that provides facilities for aerobic exercises, such as running and jogging tracks, exercise equipment, game courts, gymnasium or swimming facilities.
HOME IMPROVEMENT STORE
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.
HOME OCCUPATION
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]
INFORMATION AND DATA PROCESSING SERVICES
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.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit establishment for public use.
LANDSCAPING SERVICES
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.
LAUNDRY, DRY CLEANING OR GARMENT SERVICE
An establishment or place of business primarily engaged in the provision of laundering, dry cleaning or dyeing services.
LIGHT MANUFACTURING
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]
LIQUOR STORE
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.
LOADING AREA
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.
LOADING SPACE
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.
LOCAL PUBLIC UTILITY
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.
LOT
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.
LOT, CORNER
A lot situated at the junction of two (2) or more streets or places.
LOT, FLAG
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.
LOT, INTERIOR
A lot other than a corner lot.
LOT, IRREGULAR
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.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately parallel streets or places. Also known as a "double frontage lot."
LOT AREA
The area of a horizontal plane bounded by the vertical planes through front, rear and side lot lines.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT LINE
The property boundary line of any lot. The derivations or modifications of lot line shall maintain the following definitions.
LOT LINE, FRONT
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.
LOT LINE, REAR
Any lot line that is not a front lot line or a side lot line.
LOT LINE, SIDE
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.
LOT OF RECORD
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.
LOT WIDTH
The horizontal distance between the side lot lines measured at the front building line.
MARIJUANA or MARIHUANA
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]
MARIJUANA FACILITY
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]
MARIJUANA-INFUSED PRODUCTS
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]
MARIJUANA TESTING FACILITY
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]
MASSAGE THERAPY
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.
MASSAGE THERAPIST
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.
MASSAGE THERAPY BUSINESS
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.
MEDICAL AND HOSPITAL SUPPLIES AND EQUIPMENT
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]
MEDICAL MARIJUANA CULTIVATION FACILITY
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]
MEDICAL MARIJUANA DISPENSARY FACILITY
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]
MEDICAL MARIJUANA FACILITY
Any one (1) of the following medical marijuana uses:
[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]
1. 
Medical marijuana dispensary facility;
2. 
Medical marijuana cultivation facility;
3. 
Medical marijuana-infused products manufacturing facility;
4. 
Marijuana testing facility;
5. 
Medical marijuana transportation facility;
6. 
Any other entity currently or hereafter included in and regulated by Article XIV, Section 1 of the Missouri Constitution which does not include retail sales of medical marijuana.[4]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
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]
MEDICAL/DENTAL LAB
Laboratories that provide analytic or diagnostic services and other services such as medical imaging and forensics.
MEDICAL/DENTAL SERVICE
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 OUTPATIENT CARE FACILITY
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.
MICROBUSINESS DISPENSARY FACILITY
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]
MICROBUSINESS WHOLESALE FACILITY
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]
MOBILE VENDING BUSINESS
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]
MOBILE VENDING BUSINESS EATING AND DRINKING GARDEN
A property on which multiple mobile vending businesses may operate at a single time.
[Ord. No. 1693, 7-18-2023]
MOBILE VENDING VEHICLE
Any movable vehicle, truck, trailer, pushcart, portable facility, or other similar vehicle used by a mobile vending business.
[Ord. No. 1693, 7-18-2023]
MUSIC STORE
Establishments that retail musical instruments and related supplies and may also retail sheet music, offer music instruction, rent or repair instruments as accessory uses.
NEWS STAND
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]
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard existing legally at the time of the passage of this Chapter or any amendment thereto which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.
OFFICE, GENERAL
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.
OFFICE, MEDICAL
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.
OFFICE SUPPLY
An establishment that retails products and materials for business and office use.
OUTDOOR STORAGE
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.
PARKING LOT
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.
PARKING SPACE
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.
PATIO
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.
PAWNSHOP
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.
PAYDAY LOAN ESTABLISHMENT
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.
PEDESTRIAN WAY
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.
PERFORMANCE STANDARD
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.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
PET GROOMING
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.
PHYSICIAN
An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.
[Ord. No. 1622, 7-16-2019]
PHYSICIAN CERTIFICATION
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]
PLACE
An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PLACE OF PUBLIC ASSEMBLY
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.
PLANT NURSERY
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]
POP-UP MARKET
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]
PORCH
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.
POST OFFICE/SHIPPING STORE
The United States Post Office or shipping packing store where no warehousing and distribution is involved.
PREMISES
An area of land with its appurtenances and buildings that, because of its unity of use, is one (1) unit of real estate.
PREROLL
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]
PRIMARY CAREGIVER
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]
QUALIFYING PATIENT
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]
QUALIFYING PATIENT CULTIVATION IDENTIFICATION CARD
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]
REPAIR SERVICES, OFF-SITE
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.
REPAIR SERVICES, ON-SITE
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".
RESIDENCE DISTRICTS
The "A" and "B" Residence Districts as described in Section 400.030 of this Code.
RESTAURANT, FAST-FOOD
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.
RESTAURANT, GENERAL
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.
RESTAURANT, LIMITED
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".
RETAIL, GENERAL LIGHT
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.
SCREEN
An architecturally decorative wall as for enclosing, separating or cutting off from view a courtyard or patio.
SEASONAL CHRISTMAS TREE SALE LOT
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]
SEASONAL PUMPKIN SALE LOT
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]
SECONDARY SCHOOL
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]
SETBACK LINE OR BUILDING LINE
See "YARD REQUIREMENT(S)".
SHED
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]
SPORTS AND RECREATION COURT/RINK FACILITIES
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]
STORY
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.
STORY, HALF
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.
STREET
A thoroughfare which affords the principal means of access to abutting property.
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 and exterior walls.
STRUCTURE
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]
TATTOO
One (1) or more of the following:
1. 
An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
2. 
An indelible design made on the body of another person by production of scars other than by branding.
TATTOO PARLOR
An establishment or businesses in which tattooing services are offered and performed.
TENT/POLE BARN
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.
THEATER
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:
1. 
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.
2. 
Performing arts theater. A building primarily used for the presentation of live performances of plays or music.
TITLE LOAN ESTABLISHMENT
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.
TOBACCO SHOP
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.
TOWN HOUSE
See "DWELLING".
TRACT
A single unit of real property under one (1) ownership which may be platted or unplatted.
TRAILER
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.
UNRELATED
Referring to persons shall mean two (2) or more people not related by blood, marriage or adoption.
USE
The purpose or activity for which the land, or structure thereon, is designed, arranged or intended or for which it is occupied or maintained.
USED CAR LOT
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.
USED MERCHANDISE STORE
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.
VEHICLE, MOTOR
Any passenger vehicle, motorcycle, recreational vehicle, truck, trailer truck or semi-trailer that is propelled or drawn by mechanical power.
VETERINARIAN
An establishment or place of business primarily engaged in the medical care and treatment of animals.
VIDEO AND AUDIO RECORDING SALES AND RENTALS
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.
WALK-UP ESTABLISHMENT
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.
YARD
An open space on the same lot with a building unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD ORNAMENTS
Statuary, arbors, trellises, pergolas, barbecue stoves, dog houses and gazebos.
YARD REQUIREMENT(S) (ALSO SOMETIMES CALLED "SETBACK(S)" OR "SETBACK REQUIREMENT(S)")
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]
1. 
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
2. 
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.
3. 
Yard, side: A yard between the main building and the side lot line and extending from the front yard to the rear yard.
[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.
[2]
Editor's Note: Ord. No. 1628 also renumbered Subsections (5) to (9), which immediately followed, to be (6) to (10).
[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.
[R.O. 2012 §400.040; CC 1988 §400.040; Ord. No. 692, 2-16-1988; Ord. No. 1605, 8-21-2018[1]]
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. 
Definitions. The following definitions shall be applicable to this Section:
BOUNDARY SURVEY
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.
INTERIOR WORK
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.