As used in this Title, the following words shall mean:

Accessory structure: A structure located on the same lot as a main or principal structure and detached from the principal structure, or connected to the principal structure by a lightly constructed covered walkway or passage.

Accessory use: A use of land or of a building or a part thereof which is customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use, including a "home occupation."

Ancillary uses: Those uses of property for purposes other than the location of the principal buildings or structures and may include uses for surface parking, driveways, stormwater detention, landscaped areas, fencing or uses of similar characteristics which do not involve through traffic, odoriferous activities, or any other use or activity which may reasonably be anticipated to interfere with the peaceful enjoyment of the property of adjoining landowners.

Ancillary use area: That area designated as being in the C-1 District, which is a portion of any lot located within the C-1 District and is not included within required buffer areas.

Adult bookstore or novelty store: An establishment having either ten (10) percent or more of (1) its stock in trade, in books, photographs, magazines, films for sale or viewing on or off the premises by use of motion picture devices, video players, DVD players, computers or coin operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sex or sexual activity or the principal purpose of which is to sexually stimulate or sexually arouse the patron viewer or reader; or (2) instruments, devices, or paraphernalia that are designed or marketed for use in connection with specified sexual activities.

Adult entertainment business or establishment: Any of the establishments, businesses, buildings, structures or facilities which fit within the definition of adult bookstore, adult entertainment facility, bathhouse, massage parlor, and/or modeling studio.

Adult entertainment facility: Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes, DVDs or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape, DVD, or film presentation), where the patrons either: (1) engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, video tape, DVD or film presentation of persons wholly or partially nude, unless otherwise prohibited by ordinance, with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities.

Appendix: The various appendices to the Des Pere Municipal Code (Appendix A - Signs, Appendix B - Subdivision Regulations; and Appendix C - Zoning Regulations).

Assisted living facility: A congregate living facility for elderly residents living in a communal environment in separate units that are not fully independent housing units, which units do not contain separate food preparation or laundry facilities, and where, in return for payment, professional support, personal assistance, health services and personal supervision are provided on site.

Basement: A basement is a story which is partly below grade level.

Bathhouse: An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.

Buffer areas: Appropriately landscaped, contiguous open areas exclusive of parking and loading areas and similar off-street services and for which a planting and landscape plan has been reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. Water detention areas may be located within "buffer areas" provided that such detention areas are included as a part of the landscape plan as submitted and approved.

Buildable area: Those interior portions of the lot enclosed within and defined by the front, rear and side setback lines. Buildable areas of a lot may be used for the construction or placement of buildings, structures, parking facilities or ancillary uses as defined in this section.

Building: A building is a structure which is permanently affixed to land and which has one or more floors and a roof. A building does not include such structures as billboards, fences, radio towers or structures with interior surfaces which are not normally used for other than storage. A single building may include parts which are separately used for human purposes of storage.

Check cashing establishment: A business engaged in check-cashing operations for a fee, as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a banking or savings and loan facility. Said business shall be prohibited in all zoning districts of the City of Des Peres, Missouri.

Code: The Code of Ordinances of the City of Des Peres.

Commercial building: Any building which is designed or used for commercial use purposes.

Commercial district: The commercial districts are the C-1, C-2 and C-3 districts. To the extent that property may have been in a C-1A, C-4, or C-5 district prior to the effective date of this ordinance, the property thus zoned is located in a commercial district and any and all provisions of site plans, permitted or conditional uses, and/or master development plans approved by the Board of Aldermen remain in place.

Commercial use: A commercial use is a nonresidential use permitted in a commercial district.

Comprehensive facility: A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

Comprehensive marijuana cultivation facility: A facility licensed by DHSS where marijuana cultivation operations for medical or adult use occur.

Comprehensive marijuana dispensary facility: A facility licensed by DHSS where marijuana product is dispensed for medical or adult use.

Comprehensive marijuana-infused products manufacturing facility: A facility licensed by DHSS where marijuana-infused products and prerolls are manufactured for medical or adult use.

Comprehensive Plan: The plan for future growth and development of the City adopted by the Planning and Zoning Commission in compliance with the provisions of Chapter 89 RSMo., and as may be amended, updated, or replaced from time to time.

Conditional use permit: A permit issued in conjunction with the provisions of Chapter 408 of this Title permitting certain uses within a zoning district subject to special requirements or conditions established by this Title or as may be recommended by the Planning and Zoning Commission and approved by ordinance by the Board of Aldermen.

Cosmetic micro-pigmentation: A method of adding, replacing, or augmenting cosmetic features by the placement of subcutaneous pigmentation by a licensed doctor or nurse.

DHSS: the Missouri Department of Health and Senior Services, or its successor agency.

Drive-in or Drive-Through Establishments: Any business that provides food or other goods and/or services to persons remaining in their vehicles and/or where the vehicles are temporarily stopped in a driveway or lane adjacent to a service window or to a dispensing kiosk. Such uses include, but are not necessarily limited to, restaurants, coffee shops, liquor stores, convenience stores, and banks.

Drug and alcohol use treatment facilities: Residential or outpatient facilities for the treatment of alcohol or other drug abuse permitted in the C-2 Commercial District subject to conditional use permit as set forth in Chapter 408, Section 408.015 of this Title (not including halfway houses or other incarceration facilities).

Dwelling unit: A dwelling unit is a room or group of rooms intended for use as living quarters by a single family or groups of persons as a common household or by a single person.

Enlarge: To enlarge is to increase the floor area or size of an existing building or other structure, or to increase the area to be taken up by an existing use.

Extend: To extend is to enlarge.

Family: An individual or married couple and the children thereof and no more than two (2) other persons related directly to the individual or married couple by blood or marriage, or a group of not more than three (3) persons excluding servants (not related by blood or marriage) living together as a single nonprofit housekeeping unit in a dwelling unit.

Floor area: When used in connection with nonconforming uses, or with commercial buildings, floor area is the sum of the gross horizontal area of floors of a building, including holes for elevator shafts or stairwells, measured from exterior walls or from the center of party walls. Floor area includes basement area, and area in penthouse or attic floors (whether or not the attic floor is actually laid, and only if the attic affords 7½ ft. or more of headroom). It also includes floor area of interior and exterior balconies and mezzanines, enclosed porches, and terraces, breezeways and porches, the perimeter of which is over 50% enclosed. Accessory building floor space is included, but off-street loading berths are included only to the extent that they exceed 200% of the amount required by this Title. Space used for mechanical equipment and for residential use is also included in "floor area."

Gross leasable floor area shall mean the floor area of a building minus all public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior and/or for aesthetic enhancement or natural lighting purposes; all elevator shafts and stairways; public restrooms; mechanical and dedicated storage rooms; and all permanently designated corridors.

Group home: A group home is a single-family dwelling in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and live together functionally as a single housekeeping unit, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. Group homes shall be a permitted use in all residential zoning districts in the city, subject to compliance with the requirements of Section 406.025 of this Title.

Home occupation: Any occupation, business, profession, commercial activity, gainful employment, or use which is carried out on property upon which a residence is located subject to the limitations on home occupations as provided for in Chapter 406, Section 406.015, J of this Title.

Landscape plan: A plan prepared under the supervision of a landscape architect possessing a professional degree from an ASLA accredited program and clearly setting forth plant materials, planting location, fencing and other pertinent landscaping features and submitted to the Planning and Zoning Commission which shall review its adequacy and appropriateness and which shall have been approved by the Board of Aldermen.

Lot: A lot is a zoning lot. If a lot is at the junction of two or more intersecting streets, it is a corner lot. If a lot is not a corner lot and it adjoins two streets, it is a through lot. If a lot is not a corner lot or a through lot, it is an interior lot (See Chapter 406, Figure 406.010-A).

Lot line: A lot line is the boundary line of a zoning lot. A front lot line is a street line. A rear lot line is a line parallel to or within 45° of being parallel to a front lot line. On a through lot, any portion of a lot line which coincides with the rear lot line of an adjoining lot line is a rear lot line. A side lot line is neither a rear nor a front lot line (See Chapter 406, Figure 406.010-A).

Lot width: Lot width is the mean horizontal distance between the side lot lines (See Chapter 406, Figure 406.010-A).

Marijuana testing facility: A facility certified by DHSS where marijuana product testing occurs.

Massage parlor or shop: An establishment which has a fixed place of business having a source of income or compensation which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that is reasonably expected that the person to whom the treatment is provided or some person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment defined in this Code or operated or supervised by a medical or chiropractic practitioner or professional physical or massage therapist licensed by the State of Missouri.

Medical marijuana cultivation facility: A facility licensed by DHSS to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

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

Medical marijuana-infused products manufacturing facility: A facility licensed by DHSS to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-infused products manufacturing facility.

Mixed-use development: A development or area containing a combination of uses within a single building, in multiple buildings on a parcel or within an area comprising multiple parcels and that combines residential, office, retail, and or service businesses within the development.

Modeling studio: An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools in which persons are enrolled in a class.

Multi-family residence: A building containing multiple residential units that may be owner or renter-occupied but is not used for transient accommodations or short-term rentals. A multi-family building or development may be mixed-use in nature combining retail, service, or office uses within the structure.

Municipal Code: The Code of Ordinances of the City of Des Peres.

Open space: Open space is a part of a zoning lot which is open and unobstructed from the ground to the sky and is accessible to all occupants of the zoning lot. Open space does not include part of the roof of a building that contains occupied units.

Piercing studio or establishment: Any place or facility where body piercing, including piercing any part of the body or head, is performed as a primary or substantial element of its business. Said business shall be prohibited in all zoning districts of the City of Des Peres, Missouri.

Residence: A residence is a building which includes only one (1) dwelling unit but does not include transient accommodations or trailer camps. Where a building contains both residential and non-residential, such uses are accessory to residential uses.

Restaurant: Any establishment whose principal business is the preparation or sale of food, frozen prepared foods, frozen desserts or beverages for consumption either within the premises or for carry-out to the general public. Provided, however, that an establishment whose principal business is service to the occupants, employees or invitees of the building in which it is located shall not be considered to be a restaurant.

Restaurant—fast food: Any restaurant where more than fifty (50) percent of the food sold is consumed off the premises or a restaurant where a drive-through is offered.

Retail: As used in this chapter, the term retail whether used separately or in conjunction with terms such as retail sales, retail store or similar phrases, when used to describe a category of land use or activity, shall mean offering new consumer goods for sale to the public by a vendor having a retail sales license issued by the State of Missouri and collecting retail sales taxes. The sale or offering of used or previously owned clothing, household goods or consumer goods is not included within the definition of retail and is not a permitted land use in any zoning district in the city.

Setback area: The land area within a lot within which no principal structure or building may be located or constructed.

Setback Line: That line which is parallel to and at the requisite distance from the corresponding lot line and which represents the minimum distance required between the lot line and the location of any building or structure on the lot.

Short-term loan establishment: A business engaged in providing short-term loans to the public as a primary of substantial element of its business and which is not licensed by the appropriate State or Federal agency as a bank or savings and loan facility. Said business shall be prohibited in all zoning districts of the City of Des Peres, Missouri. A licensed pawnbroker operating in conformity with the provision of this City Code relating to pawnbrokers shall not be considered to be a "short-term loan establishment" within the meaning of this definition and prohibition, but only as to such licensee's pawn brokerage activities. Pawnbrokers are not permitted to engage in any short term lending other than by a pawn transaction.

Sight Triangle: A triangular or pie-shaped area at the corner of any lot that has frontage to two or more streets which is to be clear of obstructions to provide driver, pedestrian, and bicyclist visibility to oncoming traffic (See Chapter 406, Section 406.010).

Specified sexual activities: Sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

Spirits: Liquor, other than beer and wine, including, but not limited to vodka, gin, tequila, rum, whisky, bourbon, sherry, brandy, and whiskey.

Storage, beer and spirits only: The indoor storage of beer and/or spirits which are to be offered for sale in a business located off the premises. Storage, beer and spirits only, shall not include structures containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis nor shall it include general storage of nonhazardous goods or materials other than beer and/or spirits.

Story: A story is a part of a building between the surface of a floor and the ceiling. For the purpose of height regulations, a story does not include a basement.

Street: A street is a way shown on the city map, or a way designed or intended for general public use for vehicular or pedestrian traffic from a way shown on the city map, but does not include a driveway which serves only to give vehicular access to an accessory parking lot or loading area, or which serves only to allow vehicles to take or discharge passengers at the entrance of a building.

Street line: A street line is a lot line which separates a street from other land.

Street wall: A street wall is a wall or portion of a wall of a building facing a street.

Tattooing: Any method of placing designs, letters, scrolls, figures, or symbols upon or under the skin with ink or colors, by the aid of needles or instruments. The provision of cosmetic micro-pigmentation services by a licensed doctor or nurse shall not be considered "tattooing" as that term is used in this chapter.

Tattooing establishment: Any place or facility where tattooing is performed. Said business shall be prohibited in all zoning districts of the City of Des Peres, Missouri.

Trailer: A trailer is a vehicle which is used for dwelling or sleeping purposes, whether mounted on wheels or on rigid supports, and whether or not self-propelled.

Title: Appendix C, Zoning Regulations of the Des Peres Municipal Code.

Unduly Burdensome: means that the measure necessary to comply with the rules or ordinances of the city subject a comprehensive facility licensee or potential licensee to such high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the comprehensive facility.

Use: A use includes the purpose for which a building, structure or land area is used or is designed or intended to be used, and any occupation, activity or operation carried on or to be carried on there. A use includes the designation of a building or other structure or space which indicates the purpose for which it is to be used.

Vehicle bay: A residential vehicle bay is the clear space in a residential garage, enclosed by a garage door, sized to store one (1) noncommercial motor vehicle.

Yard: A yard is a portion of a zoning lot extending open and unobstructed along a lot line and from that lot line for the required depth or width. A front yard is a yard extending along the length of the front lot line. A rear yard is a yard extending along the length of the rear lot line. A side yard is a yard extending along a side lot line.

Zoning enforcement officer: The Zoning Enforcement Officer is the Director of Public Works.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2846, § 1, 8-12-19; Ord. No. 2963, § 2, 2-13-23; Ord. No. 2984, §§ 1, 2, 7-17-23; Ord. No. 2985, § 2, 7-17-23; Ord. No. 3013, § 1, 2-12-24)