Warson Woods City Zoning Code

Purpose. The City has determined that it is necessary and desirable to provide suitable sites for group homes in residential areas while, in furtherance of the recognized goals of deinstitutionalization and dispersal, assuring that group homes are not unduly concentrated in neighborhoods so as to afford mentally or physically disabled persons every opportunity to be integrated in the community. To that end, group homes in residential districts shall comply with the following:

(a)

To promote deinstitutionalization and dispersal, no group home may be located within five hundred (500) feet of another group home, measured by the straight line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located; or

(i)

Adjoin any lot upon which another group home already exists; or

(ii)

Be separated from any lot upon which an existing group home already exists only by a street or roadway.

(b)

The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family dwellings shall apply equally to group homes.

(c)

Notwithstanding any other provision of this Section to the contrary, any individual, group or entity may make a request for reasonable accommodation from the provisions of this Section pursuant to the procedures set forth in Section 250.010 through 250.100 of this Code.

In the "B" Residence District, construction of single-family dwellings that meets one (1) or more of the following criteria shall require the approval of a site development plan pursuant to Section 415.090 prior to the issuance of a building permit. The submission requirements, procedures and approval standards governing development plans are set forth in Section 415.090 and are applicable if the following criteria is met:

All proposed new construction of a single-family dwelling; or

New construction on an existing single-family dwelling which addition is valued at one hundred fifty thousand dollars ($150,000.00) or more; or

New construction on an existing single-family dwelling which addition totals more than fifty percent (50%) of the square footage of the existing dwelling and which increases the footprint of the existing building.

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.

Planned uses. As may be limited by applicable law, the Board of Aldermen, by approval of a redevelopment plan pursuant to the procedures and requirements of Sections 416.030 — 416.100 (as applicable), may authorize, subject to any conditions imposed under the redevelopment plan and all other provisions of this or any other City ordinance and all applicable laws of St. Louis County and the State of Missouri, a building or land in the residence districts to be used for the following purposes:

Community buildings owned or operated by public agencies.

Public libraries.

Places of public assembly.

Accessory uses. In addition to the principal uses above, the following accessory uses shall also be permitted:

Home occupations, provided that:

[Ord. No. 1673, 1-17-2023]

Home occupations may only be performed by the owner or a tenant of the dwelling within which the home occupation is being performed;

The total number of employees and clients on-site at one (1) time in a dwelling may not exceed the occupancy limit for the dwelling;

The use of a dwelling for a home occupation shall not cause a substantial increase in traffic in the area of the dwelling;

The activities of the home occupation shall not be visible from any adjoining street;

In no way shall the appearance of the structure of the dwelling be altered or constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations;

Such home occupation shall be conducted entirely within the dwelling;

No storage or display of materials, goods, supplies, or equipment related to the performance of a home occupation shall be visible from the outside of any structure located on the premises of the dwelling;

The performance of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking;

(9)

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling or which creates noise not normally associated with residential uses shall be prohibited;

(10)

A minimum of two (2) off-street parking spaces shall be provided on the premises for said home occupation;

(11)

No commercial vehicles shall be displayed or stored outside of a structure on the property;

(12)

No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity) so that the combined use for the dwelling and the home occupation exceeds the average for dwellings in the neighborhood;

(13)

Within fifteen (15) days of commencement of the performance of any home occupation, the owner or tenant of the dwelling performing such home occupation shall file with the City a statement of "no tax due" issued pursuant to Section 144.083, RSMo., as amended; and

(14)

The business activity performed by the owner or tenant of the dwelling shall be compliant with all State and Federal laws and ordinances of the City.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.

Church or public building bulletin boards not exceeding twenty (20) square feet in area, and temporary signs appertaining to the lease, hire or sale of a building or premises not exceeding twelve (12) square feet in area.

HVAC equipment, permanent play equipment, barbecue stoves, doghouses and gazebos accessory to single-family dwelling shall not be located in the front yard.

[Ord. No. 1601, 5-15-2018]

Stationary emergency generators must be confined to the rear yard and may not encroach into the rear or side setback.

[Ord. No. 1530 §3, 3-11-2014; Ord. No. 1601, 5-15-2018]

Accessory storage units.

[Ord. No. 1582 § 3, 12-20-2016]

Regulations for garages. No garage, whether attached to or detached from the main structure, shall exceed thirty (30) feet by twenty-four (24) feet. The garage ridge line shall not be higher than the main building ridge line, where attached, nor more than one and one-half (1½) stories (fifteen (15) feet). No lot shall contain more than one (1) garage. New residential construction shall have garages which are either flush with or recessed behind the ground floor front wall or covered main entry feature. No front-entry garage face shall encompass more than thirty-five percent (35%) of the front face of the home. Notwithstanding anything herein, for lots with an average lot depth of at least two hundred seventy (270) feet, the lot may have a detached garage in addition to an attached garage so long as the detached garage is located in the rear yard and meets all other standards for a detached garage.

Sheds. Sheds are not permitted in the "A" or "B" residential district.

[Ord. No. 1582 § 3, 12-20-2016]

Section 415.020 Use Regulations - "C" Manchester Road Commercial District.

[R.O. 2012 §415.020; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1530 § 4, 3-11-2014; Ord. No. 1580 § 1, 11-15-2016; Ord. No. 1582 § 4, 12-20-2016; Ord. No. 1622, 7-16-2019; Ord. No. 1628, 10-15-2019; Ord. No. 1676, 1-17-2023; Ord. No. 1693, 7-18-2023]

Land Uses And Development. The list of uses in Subsection (B) establishes the principal uses that are permitted in the "C" Manchester Road Commercial District, subject to the requirements of Chapter 416. Notwithstanding the designation on the list of uses, any use required to be permitted as of right in the "C" Manchester Road Commercial District by applicable Federal or State law shall be so permitted.

Uses not listed have been determined either not to be appropriate in the "C" Manchester Road Commercial District, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Section.

Principal Uses.

List of Principal Uses
Art/photography gallery
Automotive parts and supply store
Automotive rental agency (only per Section 415.020(F)(1), below)
Banking and financial institutions
Bed and breakfast
Church
Comprehensive marijuana dispensary facility
Condominiums (mixed planned use)
Convenience store
Day care
Drug store (pharmacy)
Farmer's market
Fine or performing arts studios
Government uses
Grocery store
Hardware store
Health club or fitness center
Institutions
Laundry, dry cleaning or garment services
Library
Massage therapy
Medical marijuana dispensary
Microbusiness dispensary facility
Mobile Vending business eating and drinking garden
Museum
Music store
News stand
Offices, general
Offices, medical
Park
Pet grooming
Plant nursery
Pop-up market
Post office/shipping store
Restaurant, general
Restaurant, limited
Retail, general light
Seasonal Christmas tree lot
Seasonal pumpkin sale lot
Sports and recreation facilities
Veterinarian
Video and audio recording sales and rental

Accessory Uses. Subject to Chapter 505, permitting and application requirements of the City, and Chapter 416, where applicable, the following accessory uses, other than accessory storage units, are allowed in the "C" Manchester Road Commercial District:

List of Accessory Uses
Those accessory uses allowed as special uses in Section 415.250.
Accessory buildings and structures
Construction office (temporary)
Deck
Drive-through window (planned use only)
Fence
Temporary outdoor display area
Telecommunications antenna mount

Additional Use Regulations.

Vehicle Access, Driveways, And Parking Requirements.

Vehicular access points (curb cuts) from Manchester Road to individual lots are limited to one (1) per lot for lots with three hundred (300) feet or less of frontage on Manchester Road or no more than one (1) per three hundred (300) feet of frontage on Manchester Road within a single lot in excess of three hundred (300) feet.

No access directly onto Manchester Road shall be allowed through lots within the "C" Manchester Road Commercial District from residential streets except for service drives designated to provide for such access.

Driveways and parking areas shall be designed to accommodate efficient vehicle stacking during peak periods based on a site specific traffic analysis. All redevelopment plans showing such driveways and parking areas submitted to the City shall be simultaneously submitted for review and comment by the Missouri Department of Transportation (MODOT). The applicant shall demonstrate to the City such submission to MODOT and should copy the City on all correspondence with MODOT. No MODOT approval shall be considered final until the City has communicated its requirements and/or concerns to MODOT or has formally waived this requirement.

Landscape buffering and screening of parked cars must be provided as described in this Section.

Primary parking areas shall be improved with paving such as asphalt, concrete, or unit pavers, unless a different method is approved by the City. Where practical, secondary parking areas shall be covered with crushed and compacted gravel, proprietary "turf block" systems or other pervious materials. Secondary lot coverage systems may comprise no more than twenty percent (20%) of all required parking.

The number of parking spaces in parking areas shall not exceed the number of parking spaces required in this Section. Proposed parking spaces that exceed the number of spaces required shall not be permitted without approval of the City.

Where possible, parking lots and service alleys should not dominate the Manchester Road street frontage. Building walls and entries, landscape conditions, and pedestrian areas should predominate on the Manchester Road street frontage.

Service alleys and other service zones shall not be located in areas that are visible from public roads or neighborhood entry throughways.

The classification used to determine parking requirements in Warson Woods is "neighborhood center" or "community center" as defined by the Urban Land Institute Guide to Parking Requirements. Parking requirements may be modified on a project basis with supporting traffic engineering/parking plan approved by the City. Parking ratios should be determined based on type of commercial use according to the following ratios:

All Commercial Uses with less than 10% of GLA* in Entertainment Space

3.7 cars per 1,000 SF of GLA

Parking ratios may be reduced to 3.0 per 1,000 SF of GLA if employee parking is accommodated off-site by other sustainable arrangements approved by the City.

Commercial Uses with Over 10% of GLA in Entertainment Space

Shared parking — parking spaces shall be used to serve 2 or more individual land uses without conflict or encroachment as determined and approved by the City.

Commercial Uses with Restaurants

1 car per every 2 seats

Schools, Business or Vocational, Public and Private, All Grades

1 space for every classroom and office and 1 space for every 4 students over 16 years of age or 1 space per 250 SF of GLA, whichever is greater

*GLA (gross leasable area) means the total floor area of a building designed for tenant occupancy, excluding halls, corridors and other areas used in common by tenants of the building, expressed in square feet and measured from the centerline of joint partitions and exteriors of outside walls.

Example parking requirements: 50,000 SF of GLA, with no restaurant and no provision for employee parking and less than 10% of GLA in entertainment and/or cinema space would require 50 x 3.7 spaces = 185 spaces

All neighborhood streets within the "C" Manchester Road Commercial District shall be provided with sidewalks on both sides. Sidewalks should be a minimum of four (4) feet in width. In addition, pedestrian designated circulation routes will be provided to connect adjacent parking areas, streets, buildings, and neighborhoods adjacent to the "C" Manchester Road Commercial District.

Special paving materials should be used to enhance pedestrian circulation routes and provide a clear designation from vehicular movement areas. Special paving materials include:

Colored and patterned or scored concrete;

Concrete or asphalt unit pavers.

The operation of an automotive rental agency is permitted only by approval of a special use permit in accordance Article II of this Chapter 415, by a redevelopment plan per Chapter 416, or by an amendment of an existing site plan approved prior to the adoption of Chapter 416, whichever is applicable, and in all cases shall comply with the conditions and requirements of in Section 415.250(D).

Landscape, Buffers, Screening.

General Parking Lot And Service Area Landscape Requirements.

A thirty (30) foot wide landscape buffer shall be implemented on all commercial lots where such lots abut residential or other uses. See Figure 6 for buffer development requirements.

A minimum of one (1) large canopy tree (minimum three (3) inch caliper) should be planted within the boundary of the parking lot for every six (6) parking spaces developed, but the number of trees shall not be less than two (2) in any case. Minimum spacing between each tree planted shall be twenty (20) feet.

Tree species selected should be indigenous to the region or of a horticultural variety that is identified as a USDA Plant Zone 5 material.

For every parking space, a minimum of forty-five (45) square feet of landscape area (planting and irrigation) shall be provided within the boundaries of the parking lot as defined by the edge of pavement or curb and gutter.

Minimum six (6) foot wide landscape strips or planting islands are required between each parking bay when there are fifty (50) or more parking spaces developed within a site. Where any landscape area exists adjacent to a parking space, that space shall be separated from the landscape area by wheelstops placed at least two (2) feet from the edge of the landscape area.

All parking areas shall be screened with evergreen hedges. At maturity, these hedges shall be a minimum of thirty-six (36) inches above the adjacent curb elevation of the parking spaces that they screen.

All utility service, including, but not limited to, meters, vaults, sprinkler risers, vacuum breakers, trash containers, and service or loading areas shall be screened with evergreen hedges or walls/screens planted with evergreen vines. These screening devices shall be of a minimum height to extend above and completely block the view of such areas or devices within one (1) year of the time of installation.

The perimeter screen area surrounding parking lots, and/or utility service areas, shall include a landscape area no less than eight (8) feet wide with a length equal to the perimeter length of the area to be screened.

Fig. 6 — Buffer at commercial/residential boundary

Service, Loading, And Utilities.

Loading areas shall be accommodated entirely on-site for each lot.

Parallel parking space for delivery vehicles shall be provided along service drives or in specially designated courts or loading areas.

Loading docks and trash storage shall not be located along street frontages and shall be screened from view with landscape or architectural elements designed as part of the building structure. Service elements such as loading doors shall be integrated with the building elevation design so as to minimize the visual impact of such elements.

All new installations and replacement of existing exterior utilities such as water, gas, sewerage, electrical, and communication lines shall be installed underground.

Where visible from a public street, all mechanical equipment, utility meters, storage tanks, air conditioning equipment, and similar equipment shall be screened from street view by landscaping (see landscape, buffers and screening) or architectural elements integrated into the structure.

Lighting.

The use of "moonlighting," "silhouette lighting" or "pathlighting" techniques are all suggested for use in the "C" Manchester Road Commercial District and may be used in combination with more conventional area lighting usually provided by parking lot and roadway lights (mast-carried luminaries, generally not to exceed eighteen (18) feet in height). L.E.D. lighting is preferred over any other type of lighting.

Parking lots and building entries shall have a maintained average minimum required illumination of ten (10) lux (lx) or one (1.0) foot-candle (fc). Pedestrian walkway lighting shall use point-to-point lighting such as light bollards with a minimum maintained average illumination of eighteen-hundredths (0.18) foot-candle (fc).

Building illumination and architectural lighting shall be indirect in character (no light source visible). Indirect wall lighting, overhead downlighting, or interior illumination which spills into the landscape is encouraged. Architectural lighting shall articulate and animate the particular building design as well as provide the required functional lighting for safety and clarity of pedestrian movement.

No lighting shall spillover onto any property used for residential purposes.

Section 415.025 Use Regulations - "D" Planned Development Light Manufacturing District.

[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]

Intent. Due to the City's relatively small size and lack of appropriate land for the use, the Zoning Code, Warson Woods Comprehensive Plan, and Official Zoning Map of the City of Warson Woods do not identify light manufacturing uses as permitted. Additionally, while the City has not identified any specific areas in which manufacturing uses are permitted as of right, because the Missouri Constitution states, "[n]o local government shall prohibit medical marijuana cultivation facilities, marijuana testing facilities, medical marijuana-infused products manufacturing facilities, or medical marijuana dispensary facilities, or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome," (Article XIV, Section 1.7(10)(a)) and " [n]o local government shall prohibit [comprehensive marijuana cultivation facilities, comprehensive marijuana dispensary facilities, marijuana testing facilities, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility] or entities with transportation certification either expressly or through the enactment of ordinances or regulations that make their operations unduly burdensome," (Article XIV Section 2.5(5)), the City has created the "D" Planned Development Light Manufacturing District. The "D" Planned Development Light Manufacturing District is intended to create a process for high quality light industrial/manufacturing developments, that will not disturb the quiet enjoyment of the residential neighborhoods, will not create, engage in, or maintain a nuisance as defined in and described by Chapter 210, will not contribute to traffic congestion on Manchester Road, and will be of an intensity, location, and nature so as to be compatible with its surroundings.

Principal Uses.

As used in this Section, notwithstanding any other provision, the term "Industrial Medical Marijuana Facility" shall be defined to include medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facilities, and marijuana testing facilities. As used in this Section, notwithstanding any other provision, the term "Industrial Marijuana Facility" shall be defined to include comprehensive marijuana cultivation facilities, marijuana testing facilities, comprehensive marijuana-infused products manufacturing facilities, and microbusiness wholesale facilities.

The "D" Planned Development Light Manufacturing District is created to account for industrial medical marijuana facilities and industrial marijuana facilities, as defined in the immediately preceding Subsection. Industrial medical marijuana facilities and industrial marijuana facilities shall only lawfully exist in the City upon an applicant successfully re-zoning a lot to "D" Planned Development Light Manufacturing pursuant to the procedures required by this Zoning Code and Missouri law and which shall always require submission and approval of a redevelopment plan pursuant to Chapter 416 of the Zoning Code of the City of Warson Woods, which Chapter is hereby deemed to apply to any proposed development or use for the "D" Planned Development Light Manufacturing District.

Developmental Standards.

Any use in this district shall meet the following standards:

State License Required. All industrial medical marijuana facilities and industrial marijuana facilities must have the appropriate license and any other required authorization from DHSS to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final occupancy permits or approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.

Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence meeting the requirements of Section 415.060, ''Additional height, area, fence, and screen exceptions," and which has been approved through the redevelopment procedure in Chapter 416 of the Code of the City of Warson Woods.

On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any industrial medical marijuana facility or industrial marijuana facility, except, in a marijuana testing facility when being administered for testing purposes authorized by DHSS.

Odor Control And Nuisance. Every industrial medical marijuana facility and industrial marijuana facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 210, Nuisances, of the City Code.

Hours Of Operation. All industrial medical marijuana facilities and industrial marijuana facilities shall be closed to the public between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry, logged in by building security personnel and obtaining and displaying a visitor pass.

Security. All industrial medical marijuana facilities and industrial marijuana facilities shall be secured and closed to the public between the hours listed in this Subsection and no persons not employed by the facility may be present in such facility at any time closed to the public. All industrial medical marijuana facilities and industrial marijuana facilities shall have and maintain security systems, equipment, and procedures which are at least as stringent as those which are required by State regulations.

Display Of Licenses Required. All industrial medical marijuana facilities and industrial marijuana facilities shall display their license issued by DHSS and any and all licenses issued by the City in a prominent place in plain view near the front entrance of the facility as required by State regulations.

Redevelopment Plan Required. No industrial medical marijuana facility or industrial marijuana facility shall be allowed to operate in the City unless the applicant submits, and receives approval from the City, for a redevelopment plan pursuant to Chapter 416 of the Zoning Code of the City of Warson Woods. Such redevelopment plan procedure shall always be required for an industrial medical marijuana facility irrespective of the provisions of Section 416.020 and despite Chapter 416 being ordinarily used for the "C" Manchester Road Commercial District.

Accreditation, Standards, And Procedures — Testing Facilities. Every marijuana testing facility shall, at all times, maintain in good standing their accreditation as required by State regulations, and utilize standards and procedures for personnel and for testing marijuana in all forms which are at least as stringent as those required by State regulations.

Additional Requirements. All industrial medical marijuana facilities and industrial marijuana facilities shall comply with all generally applicable provisions of the Zoning Code of the City of Warson Woods, all provisions of Article XIV, Sections 1 and 2 of the Missouri Constitution, as applicable, and any and all rules and regulations promulgated by the DHSS regulating marijuana.

Frontage And Area. Any lot for a proposed industrial medical marijuana facility or industrial marijuana facility must have at least three hundred (300) feet of frontage on Manchester Road and must consist of at least one and five-tenths (1.5) acres.

All industrial medical marijuana facilities and industrial marijuana facilities shall comply fully with the provisions of Section 415.020(F)(2), "Landscape, buffers and screening." Additionally, a buffer strip of not less than one hundred (100) feet in width shall be provided along any perimeter of a commercial development which adjoins an "A" Residence District or "B" Residence District (or equivalent district in an adjoining jurisdiction), except where abutting a public street. No drive, walkway, parking space or vehicular travel way shall occupy any portion of the buffer strip; provided that the Board of Aldermen may require that the buffer strip be supplemented with additional plantings, landscaping and fencing.

Parking And Loading. All industrial medical marijuana facilities and industrial marijuana facilities shall comply fully with the provisions of Section 415.020(F)(1), "Vehicle access, driveways and parking requirements." Additionally, off-street parking and loading standards must meet or exceed St. Louis County's requirements for these uses.

No building or premises occupied and used for any of the permitted principal uses of lndustrial medical marijuana facilities or industrial marijuana facilities identified in this Section shall have more than forty percent (40%) of its floor area devoted to storage or uses incidental to such permitted principal use nor more than five (5) persons employed at any time in such incidental use.

Chapter 416 of the Zoning Code of the City of Warson Woods shall be used for the minimum standards and procedures for site design and building construction, reconstruction, or use within the "D" Planned Development Light Manufacturing District.

Screening Of HVAC Units, Odor Control Systems, Ventilation Systems, Recycling Containers, And Solid Waste (Trash) Containers. Heating, ventilating, air conditioning and/or odor control units shall be fully screened from public view by an element of the building or by a separate, permanently installed screen or fence extending a minimum of one (1) foot above the equipment, harmonizing with the building in material color, size, and shape. Recycling and refuse containers or recycling and refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls or landscaped planting harmonizing with the building in material color, size, and shape.

Section 415.030 Height and Area Regulations.

[R.O. 2012 §415.030; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1380 §2, 11-21-2006; Ord. No. 1402 §1, 9-18-2007]

"A" Residence District. In the "A" Residence District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

Height. No residence shall be erected or structurally altered to exceed two and one-half (2½) stories or thirty-five (35) feet in height and no other building shall be erected or structurally altered to exceed eighteen (18) feet in height from ground level except that such maximum height of other buildings may be increased an additional one (1) foot for each two (2) feet of setback from the applicable building line with a maximum height of thirty-five (35) feet for any building.

Front And Rear Yards. In the "A" Residence District, no building or structure shall be erected or structurally altered within thirty (30) feet of the front and rear lot lines. In the case of a corner lot, no building or structure shall be erected or structurally altered in the front or rear yard within thirty (30) feet of the street side lot line.

[Ord. No. 1583 § 1, 1-17-2017; Ord. No. 1606, 8-21-2018]

Notwithstanding anything herein to the contrary, an open porch may encroach into the front yard setback up to eight (8) feet. Furthermore, for any single-family dwelling that currently encroaches into the front yard setback, an open porch may be constructed or reconstructed along its front façade provided that the proposed open porch does not encroach more than eight (8) feet into the front yard setback at any point. For purposes of this Section:

“Open Porch” means a roofed structure attached to a single-family dwelling and open on two (2) or more sides. A screened-in porch shall not be considered an “open porch.”

“Front Façade” means the exterior wall or walls perpendicular to the horizontal view between the grade and the roof structure of a dwelling and architecturally designed and constructed as the front elevation of the dwelling as determined by the Building Commissioner.

A detached garage shall not be erected or structurally altered within sixty (60) feet of the front lot line or within thirty (30) feet of the rear lot line. A detached garage shall not exceed a thirty-foot-by-twenty-four-foot dimension.

Side yards. In the "A" Residence District, no building or structure shall be erected or altered within ten (10) feet of the side lot line. Where the side yard is along a street, no building or structure shall be erected or altered within thirty (30) feet of the side lot line.

Lot area. Every lot in the "A" Residence District shall have a lot area of not less than twelve thousand five hundred (12,500) square feet and a minimum width at the front setback line of ninety (90) feet.

Living area. Every family dwelling hereafter erected shall have a living area not less than one thousand eight hundred (1,800) square feet, excluding open porches and garages.

Maximum impervious coverage. No building footprint shall exceed more than thirty percent (30%) of the lot area nor shall the total of impervious surface for any lot exceed forty-five percent (45%) of the lot area.

"B" Residence District. In the "B" Residence District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

Front And Rear Yards. In the "B" Residence District, no building or structure shall be erected or structurally altered within thirty (30) feet of the front and rear lot lines. In the case of a corner lot, no building or structure shall be erected or structurally altered in the front or rear yard within thirty (30) feet of the street side lot line.

[Ord. No. 1583 § 1, 1-17-2017; Ord. No. 1606, 8-21-2018]

“Open Porch” means a roofed structure attached to a single-family dwelling and open on two (2) or more sides. A screened-in porch shall not be considered an “open porch.”

Side yards. In the "B" Residence District, no building or structure shall be erected or altered within ten (10) feet of the side lot line. Where the side yard is along a street, no building or structure shall be erected or altered within thirty (30) feet of the side lot line.

Lot area. Every lot platted after the effective date of the amendment of this Land Use Code (November 21, 2006) shall provide a lot area of not less than twelve thousand five hundred (12,500) square feet and a minimum lot width at the front setback line of ninety (90) feet. All lots platted prior to the amendment of this Section that do not meet this standard but that were legal lots of record as of the date of this amendment (i.e., not less than eight thousand seven hundred fifty (8,750) square feet and with a minimum lot width at the front setback line of seventy (70) feet) are considered legal lots of record and shall not be considered non-conforming lots.

Living area. Every family dwelling hereafter erected shall have a living area not less than one thousand eight hundred (1,800) square feet, excluding open porches and garages.

"C" Manchester Road Commercial District. In the "C" District, the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

Height. No building hereafter erected or structurally altered shall exceed three (3) stories or forty-two (42) feet.

Rear yard. No main building or detached garage shall be erected or structurally altered except that it shall be at least thirty (30) feet from the rear of the lot line. An accessory building hereafter erected or structurally altered shall be not less than ten (10) feet from the rear lot line.

Side yard. A side yard is not required except on the side of a lot adjoining on a dwelling district, in which case there shall be a side yard of not less than ten (10) feet, or on a corner where the side yard on the street side of the lot shall not be less than thirty (30) feet.

Front yard. There shall be a distance of not less than sixty-five (65) feet from the front line of the building to the centerline of any highway passing along the "C" District.

"D" Planned Development Light Manufacturing District. In the "D" District, the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

[Ord. No. 1622, 7-16-2019]

Height. No building hereafter erected or structurally altered shall exceed two (2) stories or thirty (30) feet, whichever is less. Chimneys, roof-top mechanical appurtenances, and other purely ornamental or mechanical accessories shall not be considered for purposes of determining height.

Rear Yard. No main building or detached garage shall be erected or structurally altered except that it shall be at least fifty (50) feet from the rear of the lot line. An accessory building hereafter erected or structurally altered shall be not less than thirty (30) feet from the rear lot line.

Side Yard. No building or structure shall be erected or altered within thirty (30) feet of the side lot line. Where the side yard is along a street, no building or structure shall be erected or altered within fifty (50) feet of the side lot line.

Front Yard. There shall be a distance of not less than fifteen (15) feet from the front lot line to the front of the building.

Lot Area. All lots within the "D" District shall have at least three hundred (300) feet of frontage on Manchester Road, consist of at least two (2) acres, and a minimum lot width of five hundred (500) feet.

Maximum Impervious Coverage. No building footprint shall exceed more than fifty percent (50%) of the lot area nor shall the total of impervious surface for any lot exceed seventy percent (70%) of the lot area.

Section 415.040 Regulations Applicable To "A" and "B" Residence Districts.

[R.O. 2012 §415.040; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1422 §3, 7-15-2008]

Time Limit On Completion Of Projects. The construction, demolition or alteration of any project relating to a residence shall be completed within the following time limits from inception of such construction, demolition or alteration:

Cost of Project	Time Limit
$20,000.00	6 months
$50,000.00	9 months
More than $50,000.00	12 months

Penalties For Failure To Complete Construction Work Within Time Limits. The building permit issued for any project in the "A" and "B" Residence Districts shall include the consent of the applicant that the applicant will pay the City a penalty of thirty dollars ($30.00) for each calendar day all exterior work for construction and alteration work included in such building permit is not completed within the time limits set forth in Section 415.040(A), unless such time limit is extended, in writing, by the Building Commissioner for unavoidable delays due to acts of God, weather conditions or strikes or other labor difficulties.

[Ord. No. 1674, 1-17-2023; Ord. No. 1702, 11-21-2023]

Project Completion Deposit For Structures In The "A" And "B" Residence Districts.

Application for building permits in the "A" and "B" Residence Districts shall be accompanied by a project completion deposit in the following amounts:

Project Cost	Deposit
Less than $10,000.00	$250.00
$10,000.00 and over	$500.00

Any penalties due under Section 415.040(B) shall be deducted by the City from the project completion deposit. If the project completion deposit is insufficient, the applicant for the building permit shall pay the difference in cash to the City before final approval is given by the Building Commissioner.

Any balance remaining in any project completion deposit shall be returned to the applicant upon final inspection and approval by the Building Commissioner.

Section 415.045 Accessory Utility Uses and Facilities - All Districts.

[R.O. 2012 §415.045; Ord. No. 1397B §2, 8-21-2007]

Every public utility, cable company, video service provider and other users of the City rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" (or "facilities") shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below-ground facilities, including associated conduits, cables and/or lines, that directly serve the local area or property in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas. Except where limited by other provisions of City ordinance, accessory utility facilities shall be permitted subject to the following supplementary regulations:

Approval — design — location — application — notice. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Chapter and subject to reasonable permit conditions as may be necessary to meet the requirements of this Chapter. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all private property owners within one hundred eighty-five (185) feet of the location of the proposed construction, excavation or other work. Notice shall include detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration when the proposed work will be undertaken. Notice shall be given at least five (5) business days prior to the commencement of any such work. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein.

In considering individual or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood, considering all reasonable alternatives. Unless otherwise prohibited, utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.1(3), RSMo., the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

General regulations. The following general regulations apply to all accessory utility facilities:

Underground. All such facilities shall be placed underground, except as otherwise provided in Subdivisions (c) and (d) herein or as approved by special use permit.

Noise. All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.

Abandoned boxes. All facilities and utility boxes shall be deemed abandoned after six (6) continuous months of non-use and shall therefore be removed within thirty (30) days thereafter at the cost of the utility. Land from which abandoned facilities or utility boxes are removed, whether on private or public property, shall be restored within thirty (30) days of removal by the facility owner or have costs of such remedies charged to the facility owner. The facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.

Utility poles. Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.

Historic areas. Utility facilities placed in any designated historic areas may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.

Damage. Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be remedied by the facility owner within thirty (30) days of such damage. The facility owner shall replace all plantings damaged by the work with like plantings and shall replace all damaged grass areas with sod of the same type of grass as was damaged.

No interference. No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property. The City shall have the authority to order the removal or relocation of any facilities, at the expense of the facilities' owner, when necessary to accommodate construction, improvement or maintenance of streets or other public works, excluding minor beautification projects.

Other facilities. All utility facilities not authorized by this Subsection or specifically addressed elsewhere in this Code shall be authorized only as a special use permit pursuant to this Code.

Residential districts. In residential districts ("A" and "B") and rights-of-way adjacent thereto, accessory utility facilities less than three (3) feet in height and covering less than six (6) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Non-residential districts. In non-residential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by special use permit after a hearing before the Board of Aldermen. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Landscape screening. A sight-proof landscape screen shall be provided for all authorized above ground facilities in excess of two (2) square feet in size. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, repair or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from (1) any public property and (2) more than two (2) residential dwelling units.

Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.

Section 415.050 Non-Conforming Uses and Structures.

[R.O. 2012 §415.050; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1380 §3, 11-21-2006]

Intent And Purpose. Within the City, certain existing lots, structures and uses of land which were lawful prior to the adoption or amendment of this Zoning Code are prohibited under the terms of this Chapter. This Section is intended to declare non-conformities to be incompatible with the permitted uses in each district; to permit non-conformities to continue until they are removed; and to prohibit non-conformities from being expanded, enlarged or increased in intensity. For purposes of the Section the following definitions shall apply.

NON-CONFORMING FENCE

Any fence on a lot of record at the time of passage of this Chapter or amendments thereto which does not conform after the passage of this Chapter or amendments thereto with the fence type, height, setback, and yard regulations of Section 415.060(A)(3).

[Ord. No. 1634, 2-18-2020]

NON-CONFORMING STRUCTURE

Any building, structure or construction lawfully in existence on a lot of record at the time of passage of this Chapter or amendments thereto which does not conform after the passage of this Chapter or amendments thereto with the height and area regulations of the district in which it is situated.

NON-CONFORMING USE

Any land or lot lawfully occupied by a use at the time of passage of this Chapter or amendments thereto which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.

Non-Conforming Structures, Fences.

[Ord. No. 1634, 2-18-2020]

Continuation. Any non-conforming structure that is devoted to a use which is permitted in the zoning district in which it is located may continue to exist so long as it remains otherwise lawful, subject to the restrictions in Subdivisions (2) through (5) hereof. Any non-conforming fence may continue subject to Subdivision (6) hereof.

Repairs and alterations. Any such structure described in Subdivision (1) above may be maintained, repaired or remodeled provided that no such maintenance, repair or remodeling shall either create any additional non-conformity or expand or increase all or any part of the non-conforming portion of such structure. Nothing in this Code shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of this Section).

Damage, decay, destruction. In the event that any non-conforming non-residential structure is damaged, becomes extensively deteriorated or is destroyed by any means to an extent equaling greater than fifty percent (50%) of its then current fair market value, such structure shall not be restored except in conformity with all applicable provisions of this Chapter including the regulations of the zoning district in which the building is situated. However, such non-residential structure may be restored if the Planning and Zoning Commission finds a compelling public necessity requiring the continuance of the non-conformity. When a structure, the use of which does not conform to the provisions of this Chapter, is damaged or becomes extensively deteriorated or is destroyed by any means to an extent of more than twenty-five percent (25%) but less than fifty percent (50%) of its then current fair market value, it may only be restored on the issuance of a permit by the Building Commissioner with the approval of the Board of Aldermen. If such damage is twenty-five percent (25%) or less of its fair market value, then restoration may be made as otherwise provided by all applicable ordinances of the City.

Any non-conforming residential structure or conforming residential structure on a non-conforming lot, that is damaged, becomes extensively deteriorated or is destroyed, may be restored on the issuance of a permit by the Building Commissioner provided that the structure stays within the same footprint and does not exceed the prior height of the former primary residence.

Extension of conforming use within non-conforming building. Any conforming use may be extended throughout any part of a non-conforming structure which was manifestly arranged or descended for such use at the effective date of this Zoning Code or any amendments thereto, but no such use shall be extended to occupy land outside of such non-conforming structure.

Moving. No structure described in this Section shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.

Non-conforming Fence. A non-conforming fence may be maintained, repaired or replaced, in whole or in part, provided that no such maintenance, repair or replacement creates an additional non-conformity or expands or increases all or any part of the non-conforming portion of the fence. Furthermore, a non-conforming fence may be replaced on the same footprint as the existing fence and with similar materials, or different but conforming materials, so long as the following conditions are met:

The non-conforming fence does not encroach on adjoining property;

The replacement fence is no taller than the height of the existing non-conforming fence;

The replacement fence meets the location requirements of Section 415.060(A)(3)(e);

The replacement fence meets the fence type and design requirements of Section 415.060(A)(3)(a — b);

The non-conforming fence was not removed (i.e., the use discontinued) more than sixty (60) days prior to application for a fence permit for the replacement fence; and,

A fence permit is obtained prior to replacement.

(Reserved)[1]

[1]

Editor's Note: Former Subsection (C), Non-Conforming Uses, was repealed 1-17-2023 by Ord. No. 1673.

Non-Conformities Within Setback Lines. In addition to the provisions of this Chapter regulating setbacks, the following regulations shall apply to those non-conformities located within prescribed setback lines.

Projection of existing structures into required setbacks. No structure shall be constructed, reconstructed or structurally altered in such a manner as to project into the area prescribed as a setback as established by this Chapter.

Except as set forth in Subsection (B) above, new buildings to replace destroyed or removed non-conforming buildings shall conform to the provisions of this Article.

Section 415.060 Additional Height, Area, Fence and Screen Exceptions.

[CC 1988 §275.040; R.O. 2012 §§245.040, 415.060; Ord. No. 686 §§1 — 2, 2-16-1988; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1367 §1, 7-18-2006; Ord. No. 1521 §1, 9-24-2013; Ord. No. 1550 §1, 3-17-2015; Ord. No. 1582 § 5, 12-20-2016; Ord. No. 1601, 5-15-2018; Ord. No. 1634, 2-18-2020; Ord. No. 1672, 1-17-2023; Ord. No. 1745, 5-20-2025]

The foregoing height and area requirements shall be subject to the following exceptions and regulations:

Height.

Chimneys, towers, monuments, cupolas, domes, church spires and steeples, false mansards, parapet walls, and similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted laws of the City of Warson Woods.

Public and semi-public buildings, schools, institutions and private clubs may be erected to a height not exceeding three (3) stories or fifty (50) feet, provided that the front, side and rear yards are increased an additional two (2) feet for each foot such buildings exceed the height limitations of the district in which they are located.

Area.

On through lots exceeding two hundred (200) feet in depth, the front yard regulations along each street shall be observed.

Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt course, cornices, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into any minimum yard more than twenty-four (24) inches.

In computing the depth of a rear yard for any building where such rear yard opens onto an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard.

Fences.

Fence Types. Picket/slat and solid-face types of fences shall not exceed five (5) feet in height; provided such fences may be erected up to six (6) feet where spaces between the pickets or slats make up twenty percent (20%) to thirty percent (30%) of the fence surface area. Fences of a shadow box design may be erected up to an overall height of six (6) feet above the original ground level. Any aforementioned type fence separating property in the "C" District from property in the "A" or "B" Residential District may be erected up to an overall height of six (6) feet above the original ground level.

Shadow Box Design. Construction of shadow box type fences shall adhere to the following requirements:

The fence shall have the same general appearance from both sides; however, if any support or framing members are exposed they shall only be visible from the fence side facing the owner's property;

The design of the fence shall provide indirect observation (daylight) through gaps created by spacing of slats (pickets) alternating on either side of the support rails;

Alternating slats (pickets) shall not overlap more than one-fourth (1/4) the width of the slat (picket);

The fence design shall comply with any additional written design specifications for shadow box fences established by the Building Commissioner in conformity with the above requirements; and

No fence of shadow box design shall exceed six (6) feet in overall height above the original ground level.

Confined To Rear Yard; Interpretation. Except for non-conforming fences pursuant to Section 415.050(B), all fences are to be confined to the rear yard. When interpreting the "rear yard" for locating fences, the following are illustrative:

For each illustration:
		represents the forward limit of the fence on the west side.
		represents the forward limit of the fence on the east side.

Illustration 1.

Illustration 2.

Illustration 3.

Location. No fence, hereinafter erected, shall be erected within one (1) foot of a sidewalk or beyond a rear or side lot line except on corner lots where no fence shall be built within thirty (30) feet of the lot line abutting the street.

Permit Required. Before any fence is installed, an application for permit must be submitted along with a lot boundary survey showing the location of the proposed fence.

Materials. Refer to Section 500.207(B) for acceptable fencing materials and depth of support posts.

Landscaping. Hedges or shrubbery are not considered fences for the purposes of the regulations in this Section.

Screens. Where the materials of which the screen is constructed represent up to one hundred percent (100%) of the surface area, a screen may be erected up to an overall height of six (6) feet above the original ground level. Unless otherwise required by this Code or City approval hereunder, screens shall be confined to the rear yard and for use at or around patios, decks, HVAC systems, waste receptacles, and motor vehicles. Hedges or shrubbery are not considered screens for the purposes of the regulations in this Section.

Structures Other Than The Main Building Or Detached Garage. Permitted accessory structures, other than accessory storage units, fences, screens, detached garages, may be placed up to ten (10) feet from the required setback for the rear yard except for corner lots where no structures shall be within thirty (30) feet of the side lot line abutting the street.

Swimming pools.

All pools, including the peripheral walkways, decking or enclosures, shall be confined to the rear yard area.

Any necessitated change in the grade of the entire rear yard shall not exceed a total of forty-eight (48) inches in height. Said changes in grade shall occur not less than six (6) feet from the adjacent property lines, thus maintaining the original grade within six (6) feet from the property lines.

Application for a permit to erect or structurally alter a family swimming pool shall be accompanied by a site plan showing all existing grades with contours, which site plan shall show such grades with contours on all adjoining property that exist within fifteen (15) feet of the property lines, and all contours for the proposed revised site. Contour lines to be shown at a maximum of one (1) foot intervals.

All provisions stated herein apply to in-ground pools only. Above-ground pools are prohibited.

The swimming pool and accessory drainage system shall be constructed, and pool equipment operated, both in such a manner that operation of the pool and discharge of pool water and waste water from the pool water treatment system, shall be disposed of in an approved manner that will not create a nuisance to adjoining property or to public streets.

Accessory Storage Units.

To be permitted in the "A" and "B" Districts, accessory storage units must meet the following minimum standards:

Shall not exceed six (6) feet eight (8) inches in height;

Shall not exceed six (6) feet five (5) inches in width;

Shall not exceed a total of thirty (30) square feet in area;

Shall not have a storage capacity greater than two hundred (200) cubic feet;

Shall be located off the ground on paved surfaces or other hard surfaces, including open porches and decks;

Shall integrate the architectural aesthetic character of the associated principal residential structure or shall be constructed of cedar, or prefabricated plastic;

Shall be located in the rear yard, outside of the setbacks and within the curtilage of the principal residential structure;

Shall serve to protect materials or equipment from damage, theft or visibility; and

(9)

Shall not be supplied with utilities such as plumbing or electrical service.

The provisions stated herein do not apply to accessory storage units located on enclosed or screened-in porches.

Storage Rooms. Nothing herein shall prohibit a single-family dwelling from having an externally accessed storage room incorporated into the principal structure so long as it is structurally and architecturally integrated into, by use of the same or compatible materials as those used in, the single-dwelling structure.

Section 415.070 Satellite Dish Antennas Regulations.

[R.O. 2012 §415.070; Ord. No. 1295 §2, 8-19-2003]

The provisions of this Section 415.070 shall govern the erection of outdoor earth satellite dish antennas ("satellite antennas") in the City of Warson Woods, Missouri. This Section regulates satellite antennas in order to promote the health and safety of the citizens of Warson Woods and to preserve the aesthetic value of its neighborhoods.

The following regulations shall apply to satellite antennas to be installed in "A" or "B" Residential Districts:

Satellite antennas less than one (1) meter in diameter are exempt from regulation.

Satellite antennas larger than one (1) meter in diameter (regulated satellite antennas) shall be subject to regulations under this Subsection. Regulated satellite antennas shall be located only in that area of a residential lot lying between the main structure and the rear lot line and shall be subject to all setback requirements. On a corner lot, regulated satellite antennas shall not be located closer to any street than the wall of the structure facing the street. No regulated satellite antenna shall be located on a roof and satellite antennas greater than three (3) meters in diameter shall not be permitted. The maximum height of any regulated satellite antenna located on the ground shall be four (4) meters.

There shall be a maximum of one (1) regulated satellite antenna per residence. If located on the ground, the regulated satellite antenna must be ground mounted in concrete and all associated wiring must be placed underground.

Regulated satellite antennas shall be screened from view of the traveling public and adjoining property owners by screening which shall be accomplished with plantings sufficient to reach three (3) meters in height and at least one-half (½) the height of the structure at the time of plantings and shall be maintained in condition satisfactory to the City with at least the same quality and quantity of landscaping initially approved.

The following regulations shall apply to satellite antennas to be installed in the "C" District:

Satellite antennas less than two (2) meters in diameter are exempt from regulation.

Satellite antennas larger than two (2) meters in diameter (regulated commercial district satellite antennas) shall be subject to regulation under this Subsection.

Regulated commercial district satellite antennas shall be mounted only on the roof of a commercial building and shall not exceed three (3) meters in diameter and four (4) meters in height. There shall be a maximum of one (1) such satellite antenna per commercial building.

The following regulations shall apply to regulated satellite antennas in any district of the City whether located at a residence or on the roof of a commercial building:

The support shall be certified by a licensed professional engineer to withstand wind loadings in accordance with the currently adopted Building Code of the City.

Completed installations of each satellite antenna shall be subject to the inspections of the Building Commissioner.

All structural supports and parts shall be painted and maintained.

A building permit shall be required for the erection and installation of regulated satellite antennas in all districts of the City. Application for a permit to install a regulated satellite antenna requires the submittal of a suitable and detailed plan which must show distances from Street and lot lines, height, type and proposed screening (if applicable), diameter of antenna, height of antenna, support design details set forth in this Section and any other pertinent information. The fee for such permit shall be set forth in Chapter 505, Section 505.040 of this Code. No regulated satellite antenna shall be erected and installed without a building permit from the City.

Section 415.080 (Reserved) [1]

[1]

Editor's Note: Former Section 415.080, Required Redevelopment Process — "C" Manchester Road Commercial District, was repealed 7-18-2023 by Ord. No. 1693. Prior history includes: R.O. 2012 §415.080 and Ord. No. 1295.

Section 415.090 Site Plan Development Procedure - "B" Residence District.

[R.O. 2012 §415.090; Ord. No. 1383 §2, 12-19-2006]

In the "B" Residence Districts, no construction, erection, conversion or structural alteration ("development") of a single-family dwelling that meets the requirements set forth in Section 415.010(1)(d)(1), nor any resubdivision, lot split, boundary adjustment or other subdivision of land for the purpose of creating two (2) or more lots for the development of single-family dwelling(s), shall take place until the process and procedures set forth herein have been satisfied.

Intent and purpose. The site plan approval procedure is intended to ensure the adequate review and consideration of potential impacts of proposed development in the residential districts upon surrounding uses and to continue the high standard of site and building design that the City currently enjoys.

Application — who can submit. An application for site plan approval may be filed by any person or the person's agent with a financial, contractual or proprietary interest in the property to be developed.

When required. Prior to development of a single-family dwelling that meets the requirements set forth in Section 415.010(1)(d)(1) or any resubdivision, lot split, boundary adjustment or other subdivision of land for the purpose of creating two (2) or more lots for the development of single family dwelling(s).

Pre-submission meeting. Prior to submitting, applicants are encouraged to meet with the Building Commissioner to discuss the applicable zoning, building code and submission requirements.

Submission requirements. In addition to any plans and submittals required pursuant to Section 505.225 (Land Disturbance) or other submittals required pursuant to Chapter 505 of this Code, the applicant shall submit:

A completed application.

One (1) rendered site plan drawn to scale identifying building location, driveway, building entrances, retaining walls, fencing and landscape design. The landscape design should include existing plant massings (and, if to be removed, so labeled), planting details and a plant list with species, size and numbers. The landscape design must show all plants clearly labeled with common names. At a minimum, the site plan should contain sufficient dimensions to indicate the relationship between buildings, property lines, drives and other elements of the plan including retaining walls, screening and buffering areas, open space and other amenities.

Schedules indicating total floor area, land area and impervious surface area, maximum building height, retaining wall height, as well as other quantities specified in the appropriate zoning district regulations.

A comprehensive statement of design intent that describes the project and its relationship with surrounding architecture and landscape design.

Photographs of surrounding environment and the project site.

One (1) rendered set of building elevations drawn to scale. If the elevations show proposed alterations to an existing building, the alterations must be clearly distinguished from the existing facade plus twelve (12) "black and white" copies of such elevations.

Certified survey identifying the location, species and caliper of all existing trees if required by the City's tree preservation ordinance or otherwise.

If requested by the Commission, samples of proposed exterior building materials and paint colors.

Notice of application. Applicant shall also supply a list of the owners of record of adjacent properties (within one hundred eighty-five (185) feet) and supply them with notice of the application and notify them that a copy of the plans and other submittals are on file with the City Clerk and may be viewed by the public during regular business hours.

Review procedure.

Application submission. A site plan shall be submitted with the application for site plan approval which shall contain, at a minimum, information requested in the City's application form, information required by the district regulations and the application and submission requirements of this Section and shall be in the form required by the Building Commissioner.

The Building Commissioner or his/her designee shall review the application and determine whether it complies with applicable submission requirements.

If the application is deficient, the applicant shall be notified and granted an opportunity to complete same. An application for site plan approval shall not be deemed accepted by the City if it fails to meet the submission requirements or if a substantially similar application was, within one (1) year of the new application, either:

Withdrawn by the applicant after being recommended for disapproval by the Commission; or

Denied by the Board of Aldermen.

The application may be accepted, however, if the Building Commissioner verifies that substantial new facts or a material change in circumstances warrant reapplication.

Initial review. If the application so complies with the submission requirements and is otherwise acceptable, the City Clerk shall then coordinate the review and analysis of the site plan application by the Building Commissioner, City Engineer, City Attorney or consultant to the City ("City professional staff").

City staff review. This review shall determine whether the proposed site development complies with all applicable ordinances and codes of the City. City professional staff shall generate comments on the site plan within thirty (30) days of filing unless more time is needed under the circumstances.

Meeting with City professional staff. After receiving the City professional staff comments, the applicant shall coordinate a meeting with the appropriate City professional staff to address the comments.

Revised site plan. Applicant shall incorporate staff comments into a revised site plan that shall be resubmitted and reviewed by City professional staff.

Coordination with other jurisdictions/utilities. If directed by the City, the applicant shall coordinate review and analysis of the site plan by the St. Louis Metropolitan Sewer District, the Missouri-American Water Company, AmerenUE, Laclede Gas Company and any other utility or entity having jurisdiction over the project.

Upon completion of the initial review process, applicant shall submit twelve (12) "black and white" copies of the site plan to the City Clerk who shall forward copies of the site plan and application, and any City professional staff comments, to the Commission.

Review and decision by the Planning and Zoning Commission. After the Commission receives the site plan application and comments, it shall hold a public hearing on the application with notice of the hearing to be given by posting the lot at least two (2) weekends prior to the public hearing and by written notice to the property owners within one hundred eighty-five (185) feet of the subject lot. Based on the criteria set forth below, the Commission shall consider and decide whether to approve, approve with conditions or restrictions, modify or disapprove the application. Upon the hearing any party may appear in person or by agent or attorney.

Conditions and restrictions. In approving a site plan application, the Commission (and/or the Board of Aldermen on appeal) may impose conditions and restrictions to ensure the general intent of the Land Use Code is carried out. If the Commission (and/or the Board of Aldermen on review) imposes conditions or restrictions, it shall designate specific requirements which must be met before an applicant may be granted final approval of a site plan, building permit and certificate of occupancy.

Standards for review. The Commission (and the Board of Aldermen on appeal) may use the applicable zoning district regulations, input from the City professional staff, public input, other relevant information and the criteria below as a guide for review of the site plan.

Neighborhood compatibility. The Commission (and the Board of Aldermen on appeal) shall review the submittal for its overall compatibility with the homes, structures, green space, streetscapes and overall character of the surrounding area. The Commission shall examine whether the development as proposed promotes or impedes the normal and orderly development and improvement of the surrounding property and the use and enjoyment or value of neighboring properties. Elements of this determination shall include, but not be limited to, an examination of the proposed project's:

Architectural design and aesthetic qualities;

Height relative to adjacent structures (notwithstanding the maximum allowed building heights);

Location, magnitude and size of garage;

Materials of construction;

Landscaping, trees, shrubs; and

Other relevant factors.

Functional integrity. In addition to the proposed project's compatibility with its surroundings, the Commission (and the Board of Aldermen on appeal) shall determine whether the proposed project functions from the standpoint of the public health, safety and welfare. Factors to be considered are:

Public safety. Development is designed, located and proposed so as to protect the public health, safety and welfare (both during construction and after completion) including development's compatibility with, and incorporation of standards and principles contained in, the City's Land Use Code and/or adopted regulations.

Privacy. Does the project intrude on the sense of solitude, spacing and separateness of adjacent properties.

Visual impairment. Does the project substantially impair the adequate supply of light to or interfere with the view of neighboring properties.

Driveway/garage. Examination of the design, location and layout of the driveway and garage in relation to the lot and neighboring lots and for adequate ingress and egress.

HVAC equipment location, screening and noise.

Lighting.

Fencing and retaining walls.

Additional studies and technical review. The Commission, Board of Aldermen or City professional staff may require applicants to submit any technical studies or engage consultants that the City deems necessary to enable the City to fully evaluate the application. Examples of consultation or technical studies that may be required include, but are not limited to, architectural review, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies or surface water management/drainage studies. The persons or firms preparing the studies shall either be engaged by or be approved by the City professional staff. The costs of all studies and consultants shall be borne by the applicant.

10.

Appeal to the Board of Aldermen. Appeals to the Board of Aldermen may be taken by any person aggrieved or by any officer, department, board of the City affected by any decision of the Commission. Such appeal shall be taken within ten (10) days from the meeting in which the Commission rendered its decision by filing with the Commission and with the Board of Aldermen a notice of appeal specifying the grounds thereof. The Commission shall forthwith transmit to the Board of Aldermen all the papers constituting the record upon which the action appealed from was taken. The Board of Aldermen shall fix a reasonable time for the hearing of the appeal, give notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. The Board of Aldermen shall review the matter de novo and may uphold or modify the Commission's decision with a majority vote or overturn a denial of an application for site plan approval by a vote of six (6) of the eight (8) Aldermen. The Board of Aldermen also may add to an approval any restrictions or conditions it feels appropriate by simple majority vote. On appeal, any party may appear in person or by agent or by attorney, call witnesses and introduce pertinent evidence. On appeal the Board shall be guided by the same principles, standards and criteria to be used by the Commission as set forth herein.

11.

Site plan and building and occupancy permits. The Building Commissioner shall not issue a building permit or issue a certificate of occupancy for any building or structure within a project that has undergone site plan approval unless the building or structure is in substantial compliance with the approved site plan.

12.

Period of validity. No site plan approval shall be valid for a period longer than twelve (12) months from the date of the ordinance approving such site plan, unless within the twelve (12) month period a building permit is obtained and substantial construction is commenced. The Board of Aldermen may grant extensions not exceeding twelve (12) months each upon written request of the original applicant.

13.

Penalty. Failure to comply with any of this Section, an approved site plan or any conditions or restrictions imposed as part of approval of a site plan hereunder shall constitute a violation of this Section punishable as provided in Section 100.220 of this Code.

Section 415.100 Spacing Requirement For Medical Marijuana Facilities And Marijuana Facilities.

[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]

Definition. For purposes of this Section 415.100, "then-existing" shall mean any building that is occupied by, or for which a building permit has been issued and which will be used as, an elementary or secondary school, child day care center, or church at the time an individual or entity applies for a conditional use permit to operate a medical marijuana facility.

Siting. No medical marijuana facility, as defined in Section 400.020, nor any marijuana facility, as defined in Section 400.020 (collectively referred to as "facilities" for the purposes of Section 415.100), shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church.

In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit from the school, day care, or church closest in proximity to the facility.

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closet in proximity to the facility.

Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.

Section 415.110 Additional Requirements For Dispensaries.

[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]

"C" Manchester Road Commercial District Only. Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, and microbusiness dispensary facilities (collectively referred to as "dispensaries" or "dispensary" for purposes of Section 415.110) shall only be permitted as a planned use in the "C" Manchester Road Commercial District.

State License Required. All dispensaries must have the appropriate license and any other required authorization to operate the from DHSS to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final occupancy permits or approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.

Outdoor Operations And Storage. No outdoor operations or storage shall be allowed for a dispensary.

Odor Control And Nuisance. Every dispensary shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 210, Nuisances, of the City Code.

On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any dispensary.

Hours Of Operation. All operations of a dispensary including sales or distribution of marijuana and any other products sold to the public through a dispensary shall take place between the hours of 9:00 A.M. and 9:00 P.M. Monday through Friday, Saturday between 9:00 A.M. and 7:00 P.M., and Sunday between 10:00 A.M. and 4:00 P.M.

Security. Dispensaries shall be secured and closed to the public after the hours listed in this Section and no persons not employed by the dispensary or contracted for services by the dispensary may be present in such facility at any time closed to the public. Dispensaries shall have and maintain security systems, equipment, and procedures at least as stringent as those which are required by State regulations.

Display Of Licenses Required. The dispensary license issued by the State of Missouri and any and all licenses and permits issued by the City of Warson Woods shall be displayed in a prominent place in plain view near the front entrance of the facility as required by State regulations.

Redevelopment Plan Required. No dispensary shall be allowed unless the applicant submits, and receives approval from the City, of a redevelopment plan as required by Chapter 416 of the Zoning Code of the City of Warson Woods. Such redevelopment plan procedure shall always be required for a dispensary irrespective of the provisions of Section 416.020.

Additional Requirements. All dispensaries shall comply with all generally applicable provisions of the Zoning Code of the City of Warson Woods, all provisions of Article XIV, Sections 1 and 2 of the Missouri Constitution, as applicable, as well as any and all rules and regulations promulgated by DHSS regulating marijuana.

Section 415.120 Accessory Use - All Districts.

[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]

Qualifying Patient Marijuana Cultivation. To the extent required by law, in addition to the permitted accessory uses in each district, on any lot in the City, a person holding a current, valid qualifying patient cultivation identification card issued by DHSS may as an accessory use cultivate marijuana as permitted by Article XIV, Section 1 of the Missouri Constitution, so long as the cultivation is in compliance with Article XIV, Section 1, of the Missouri Constitution, and all of the following conditions are met:

The accessory use must take place only in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient or by such patient's primary caregiver and in conformance with all Federal and Missouri laws and regulations.

The State-issued qualifying patient cultivation identification card must be clearly displayed within the cultivation area and in close proximity to the marijuana plant.

The cultivation area must have an odor control system that is at least as stringent as that which is required by Missouri regulations.

One (1) qualifying patient, or the primary caregiver for that person on their behalf may cultivate up to six (6) flowering marijuana plants and six (6) non-flowering marijuana plants at any given time in a single, enclosed, locked facility.

Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility but no more than twelve (12) flowering marijuana plants and twelve (12) non-flowering marijuana plants may be cultivated in a single, enclosed, locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a qualifying patient cultivation identification card for a total of three (3) such cards, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants and six (6) additional non-flowering marijuana plants for a total of eighteen (18) flowering marijuana plants and eighteen (18) non-flowering marijuana plants in a single, enclosed locked facility.

All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.

All cultivation must cease immediately upon the expiration, suspension, or revocation of a State-issued qualifying patient cultivation identification card.

Nothing in this Section shall convey or establish a right to cultivate marijuana in a facility or premises where State or Federal law or a private contract would otherwise prohibit doing so.

Consumer Marijuana Cultivation. To the extent required by law, in addition to the permitted accessory uses in each district, on any lot in the City, a person holding a current, valid consumer cultivation identification card issued by DHSS may as an accessory use cultivate marijuana as permitted by Article XIV, Section 2 of the Missouri Constitution so long as the cultivation is in compliance with Article XIV, Section 2, of the Missouri Constitution, and all of the following conditions are met:

All consumer cultivation must take place in a private residence.

The accessory use must take place in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), all of which shall be designed in such a way as to permit access only by the consumer cultivator and in conformance with all Federal and Missouri laws and regulations.

The State-issued consumer cultivator identification card must be clearly displayed within the cultivation area and in close proximity to the marijuana plant.

The cultivation area must have an odor control system that is at least as stringent as that which is required by Missouri regulations.

No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering plants, fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall, may be cultivated by consumers at a single private residence, regardless of the number of consumers who live at that private residence.

Plants and marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an enclosed, locked facility.

All cultivated flowering marijuana plants in the possession of a consumer cultivator shall be clearly labeled with that consumer's name.

All consumer cultivation must cease immediately upon the expiration, suspension, or revocation of the State-issued consumer cultivation identification card.

Section 415.200 Special Use Permit.

[R.O. 2012 §415.200; Ord. No. 1397B §3, 8-21-2007]

The division of the City into zoning districts is based upon the principle that similar conditions prevail throughout a particular district. For particular uses of land that, because of their unique character or potential impacts on adjacent land uses, are not permitted in certain zoning districts as a matter of right, the City may grant a special use permit under certain conditions.

Section 415.210 Special Use Permit - Applicability.

[R.O. 2012 §415.210; Ord. No. 1397B §3, 8-21-2007]

A special use permit may be granted for those unique uses as listed in Section 415.250.

Section 415.220 Special Use Permit - Application.

[R.O. 2012 §415.220; Ord. No. 1397B §3, 8-21-2007]

Applications for special use permits shall include the following information:

A completed application form as provided by the City;

Legal description of the subject property;

Proof of ownership or control of the subject property;

Description of the proposal that specifically describes the function, operation and duration of the proposed use;

Map depicting the general location of the property;

A final development plan, when applicable;

Names and addresses of property owners within one hundred eighty-five (185) feet of the project boundary; and

Any other information deemed necessary to conduct a thorough analysis of the application including, but not limited to, a stormwater analysis, a traffic study or an environmental impact study, if warranted.

Section 415.230 Special Use Permit - Approval Criteria.

[R.O. 2012 §415.230; Ord. No. 1397B §3, 8-21-2007]

An application for a special use permit shall not be approved unless the following criteria are met:

The proposed use is consistent with the intent of the City's Comprehensive Plan;

The proposed use is one specifically permitted by this Code or, as an exception, any previously granted special use permit may be considered for renewal;

The proposed use does not adversely impact the public health, safety, comfort or general welfare;

The proposed use conforms to all conditions and performance standards as set forth herein;

The proposed use does not adversely impact the public infrastructure system; and

The proposed use is compatible with the use, scale, orientation and setback of properties in the general vicinity.

Section 415.240 Special Use Permit - Review Procedure.

[R.O. 2012 §415.240; Ord. No. 1397B §3, 8-21-2007]

Upon recommendation by the Planning and Zoning Commission, all special use permit applications shall be considered by the Board of Aldermen for final determination which shall take the form of a resolution either denying or approving the special use permit and all conditions of the approval.

All special use permit applications shall require a public hearing either before the Planning and Zoning Commission or the Board of Aldermen.

The action of granting a special use permit shall not constitute an act of rezoning.

Section 415.250 Special Use Permit - Uses To Be Considered.

[R.O. 2012 §415.250; Ord. No. 1397B §3, 8-21-2007; Ord. No. 1530 §2, 3-11-2014; Ord. No. 1628, 10-15-2019; Ord. No. 1719, 6-18-2024]

Only the uses identified on the following list shall be considered for a special use permit.

Accessory utility facilities.

Home occupation to be conducted within an accessory structure to a residence.

Automotive rental agency, subject to the following:

Each application for a special use permit shall require submittal of a parking plan clearly indicating the areas and parking spaces to be used for proposed parking and storing of motor vehicles on the parking lot;

Automotive rental agencies shall be prohibited from:

Washing vehicles on the parking lot (does not prohibit vacuuming or cleaning the interior); and

Advertising the leasing or renting of such vehicles on the vehicles or on the parking lot;

The parking and storing of motor vehicles shall be limited to no more than fifteen (15) vehicles in dedicated parking spaces or such other number as shown on an approved parking plan; and

Such other conditions as the Board of Aldermen may require based on the circumstances of the application, its location and surrounding uses.

If the premises is a leased premises, evidence of the lot owner's express written consent is required to be submitted to the City.

Section 415.260 Expiration or Revocation of Special Use Permit.

[R.O. 2012 §415.260; Ord. No. 1397B §3, 8-21-2007]

Operation of an approved special use permit shall expire should any of the following circumstances occur:

The term of the permit has expired;

In the case of new construction, if the necessary building permits have not been issued in accordance with the approved permit within two (2) years from the date of approval;

The approved use ceases operation for a period of twelve (12) consecutive months; or

The approved use changes site location.

Should any special use permit be reported to be in non-conformance with the terms of approval, the permit shall be subject to revocation by resolution of the City Board of Aldermen after a public hearing. Said permit shall be revoked upon determination of any of the following:

The use is in violation of any of the findings as set forth in this Code; or

The use is found not to comply with any of the stated conditions of such special use permit.

Section 415.300 Purpose and Intent.

[R.O. 2012 §415.300; Ord. No. 1468 §1, 9-21-2010]

The purpose and intent of this Article is to provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this Article to protect the public, nearby property owners, residents and businesses from special events that may be disruptive, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics and the nature of the proposed use.

Section 415.310 Special Event Defined.

[R.O. 2012 §415.310; Ord. No. 1468 §1, 9-21-2010]

The term "special event" shall mean a temporary, short-term use of land or structures for one (1) or more of the following types of activities:

Type 1. Non-commercial events. Fund-raising or non-commercial events held outside an enclosed permanent structure anywhere in the City including advertised demonstrations in which more than one hundred (100) persons are invited or expected to attend, and any on-site signs and structures in conjunction with special events.

Type 2. Special seasonal events/outdoor displays. Tree lots, pumpkin patches, fruit or vegetable sales, or sale of other seasonally-grown products or outdoor displays of seasonal products.

Type 3. Signage and promotional activities. Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district such as banners, promotional signs and/or other signs as defined in the Sign Code.

Type 4. Commercial events. Commercial activities intended to sell, lease, rent or promote specific merchandise, services, product lines or other aspects of a business such as tent sales, arts and craft sales, trade shows, seasonal merchandise sales, product demonstrations or festivities not conducted within the building of a commercial establishment in the City.

Type 5. Public attractions. Public events intended primarily for entertainment or amusement such as carnivals, concerts, festivals, barbecues, picnics or car washes.

Type 6. Farmer's Market. A seasonal, outdoor public market at which farmers and often other vendors sell produce directly to consumers.

Section 415.320 Exemptions.

[R.O. 2012 §415.320; Ord. No. 1468 §1, 9-21-2010]

The following special events are exempt from the permitting requirements of this Article:

Any fund-raising or similar event at a private residence or church of less than twenty-four (24) hours in duration sponsored by or for the benefit of a not-for-profit or governmental entity. These events shall only be required by the City to obtain a special event permit if review and regulation of the proposed activity is necessary to ensure protection of the public health and welfare.

Any special event sponsored or co-sponsored by the City.

Any special event held within a public park, provided the event complies with all provisions of the Warson Woods Code and any other requirements of the City regulating conduct in parks and recreation areas, including park permits.

Persons acting pursuant to an order or process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

Any business that operates pursuant to an approved development plan that regulates the display and sale of outdoor goods or authorizes the operation of any special event as defined herein.

Garage sales, itinerant (door-to-door) merchants and temporary off-site promotional signs.

Section 415.330 Special Events Permit Required - Fee.

[R.O. 2012 §415.330; Ord. No. 1468 §1, 9-21-2010; Ord. No. 1675, 1-17-2023]

No special event subject to the provisions of this Article may be held until a permit is obtained from the City pursuant to this Article. An administrative fee shall be paid to the City with each special events permit application; provided that no fee shall be required for applications submitted by not-for-profit organizations, as defined by the Internal Revenue Code Section 501(c)3, if the application is accompanied by satisfactory evidence of such valid qualifying status. The fee schedule is as follows:

Special Event Permit Fees
Fee Amount	Duration of Event
$200.00	7 days or less
$250.00	8 — 30 days
$300.00	31 to 89 days
$350.00	90 days or more

Section 415.340 Authorization By An Administrative Permit.

[R.O. 2012 §415.340; Ord. No. 1468 §1, 9-21-2010]

Special events satisfying all the requirements of this Article may be permitted administratively by the City Clerk. No more than six (6) special event permits per calendar year shall be issued administratively at any location. Although different types of special events may be concurrent (and treated as one (1) event), no special event shall be consecutive; there must be a minimum of fourteen (14) days between each event. If the City Clerk is unable to determine if all requirements of this Article are satisfied, the City Clerk may place the request on the agenda for the next regularly scheduled meeting of the Board of Aldermen. No administrative permit shall be issued unless the requisite application is made, any required fee paid and the City Clerk or Board of Aldermen finds that the standards for issuance set forth in this Article have been satisfied.

Section 415.350 Authorization By The Board of Aldermen.

[R.O. 2012 §415.350; Ord. No. 1468 §1, 9-21-2010]

Special events not fully satisfying the criteria of this Article may only be granted a permit by the Board of Aldermen after review and report by the City Clerk. This permit may be granted, denied or made subject to conditions that the Board of Aldermen may deem reasonably necessary to protect the public health, safety and general welfare. The Board of Aldermen shall review the application based on the intent of this Article and the appropriateness of the event in light of the standards set forth herein.

Section 415.360 Standards.

[R.O. 2012 §415.360; Ord. No. 1468 §1, 9-21-2010]

Except as may be approved pursuant to Section 415.350, special events shall comply with the following standards:

Land-use compatibility. The special event shall be conducted on the applicant's own property or with the written permission of the property owner in a commercial zoning district or on public or quasi-public property or right-of-way, if permitted by the City at its sole discretion. The special event shall be compatible with the purpose and intent of this Article and compatible in intensity, appearance, usefulness, enjoyment and value with surrounding land uses. The special event shall not impair the normal, safe and effective operation of a permanent use on the same site nor endanger or be detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the special event given the nature of the activity, its location on the site and its relationship to parking and access points.

Compliance with other regulations. A certificate of occupancy shall be required before any temporary or permanent structure used in conjunction with the special event is occupied. All structures and the site as a whole shall meet all applicable provisions of this Chapter, the City ordinances and the International Building Code as adopted by the City. Any structure used in conjunction with the special event shall meet all sight distance requirements of the City, shall be the subject of a valid occupancy permit and shall be promptly removed upon the cessation of the event. The special event shall comply with all applicable City, State and Federal health, safety, environmental and other applicable requirements.

Hours of operation and duration. The duration and hours of operation of a special event shall be consistent with the surrounding land uses. The duration for each type of special event shall be as follows:

Duration of Special Event
Special Event Type	Maximum Duration
1	15 days (except signage, 30 days)
2	90 days
3	21 days
4	14 days
5	7 days
6	5 months

Frequency. The maximum frequency of a special event on the same property shall be six (6) times per calendar year except for Type 6 events which shall only be permitted one (1) time per year. Although different types of special events may be concurrent (and treated as one (1) event), no special event shall be consecutive; there must be a minimum of fourteen (14) days between each event. Multiple event types can be combined and issued under one (1) permit.

Traffic circulation. The special event shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, parking and traffic controls.

Off-street parking. Off-street parking shall be provided to meet the needs of the special event and the event shall not create a parking shortage for any other use. All off-street parking surfaces used for the special event shall be concrete or asphalt, unless an acceptable alternative is approved at the discretion of the City.

Area of parking lot dedicated to outdoor special events. No more than twenty-five percent (25%) of the parking stalls required for the business requesting the special event permit shall be permitted for a special event or events. No drives or maneuvering areas may be utilized within the special event area unless such drives or maneuvering areas are directly adjacent to the approved special event area, are not required for emergency access and are not deemed necessary by the City to provide proper circulation through the lot.

Public safety, conveniences and litter control. Where applicable, adequate on-site restroom facilities and solid waste containers shall be provided. The applicant shall calculate the demand for such facilities and specify how the need will be addressed.

Appearances and nuisances. The event shall not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution.

10.

Signs. The City shall review all signage in connection with the issuance of the special event permit, although a separate sign permit is not required unless otherwise required by the Sign Code. The number and types of signs permitted shall be evaluated on the following criteria: whether the proposed sign is permitted under the Sign Code; type, size, and duration of the proposed event or use; safety considerations (sign distance setbacks, sidewalks in area, etc.), lighting considerations (disturbance of nearby residents and adverse effects on traffic on adjacent streets); and aesthetic concerns (appearance, placement, illumination, number, material and size of sign(s) proposed). If the event involves a banner, the size and design of the banner shall be appropriate to the size of the building or structure to which it is attached and the character of the surrounding neighborhood.

11.

Insurance coverage. If a special event is held on public property, or extraordinary services are provided by the City, the applicant shall provide the City with a certificate of insurance identifying the City as additional insured at such levels of insurance designated by the City Clerk and in the form approved by the City Attorney.

12.

Restoration of site. Within forty-eight (48) hours of cessation of the event, the site shall be returned to its previous condition (including the removal of any temporary structure, all litter, signage, attention-attracting devices or other evidence of the special event and return of all ground cover that may have been disturbed or, in the alternative, measures to control erosion).

13.

Permit to be displayed or made available. The applicant shall post or otherwise display the validly issued special event permit on the premises at all times during the duration of the event. If it is not feasible to display the permit due to the event type or location, the permit shall be made available for inspection by any person requesting to see the permit.

14.

Deposit. If the applicant requests the City to provide extraordinary services or equipment or if the City otherwise determines that extraordinary services (including, but not limited to, traffic control, crowd control, security personnel, cleanup, or refuse disposal) or equipment are required to protect the public health, safety or general welfare, the applicant shall be required to reimburse the City for the cost of the services if the services are not provided by the applicant. To ensure that public funds are not used for such purposes, the City may require the applicant to submit a security deposit, in an amount equal to the estimated cost of the public services required and in the form approved by the City Attorney, prior to the event to guarantee that the applicant complies with this provision. In addition to being a violation of this Article punishable as provided in Section 100.220 of the Warson Woods Municipal Code, a permittee's failure to comply with this provision will result in forfeiture of the deposit amount.

Section 415.370 Conditions.

[R.O. 2012 §415.370; Ord. No. 1468 §1, 9-21-2010]

The City Clerk or Board of Aldermen may establish any reasonable conditions deemed necessary to ensure compatibility with adjacent land uses and to minimize potential adverse impacts on nearby uses including, but not limited to:

Event-specific restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics;

The provision of traffic control or security personnel to ensure the public safety and convenience;

The provision of liability and personal injury insurance in the forms and amounts that the Board of Aldermen finds necessary to protect the safety and general welfare of the community;

Limitations on signs;

Temporary arrangements for on-site restroom facilities, parking and traffic circulation;

Requirements for screening/buffering and guarantees for site restoration and cleanup following the special event such as the posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to required special event standards and conditions of approval.

Section 415.380 Special Event Permit - Application, Content and Submission Requirements - Review and Administrative Approval.

[R.O. 2012 §415.380; Ord. No. 1468 §1, 9-21-2010]

Any person desiring to operate any event requiring a special event permit shall submit a written application to the City Clerk on the form provided by the City. The application shall set forth such information requested and such other or additional information as may be requested by the City Clerk to ensure compliance with all legal requirements.

A complete application shall be submitted to the City at least thirty (30) days prior to the requested start date of any special event. The City Clerk shall review the application and attachments to determine compliance with the standards of this Section. The City Clerk shall grant, grant with conditions, or deny any special event application within twenty (20) days after the filing of a complete application by the applicant. If any application is denied by the City Clerk, the City Clerk shall, in writing, notify the applicant of the reasons for the denial. If approved, the applicant shall obtain all other required permits, certificates and licenses that may be necessary. The applicant shall have the right to appeal, within ten (10) days, the City Clerk's denial of any special event application or imposition of conditions upon any grant of special event permit to the Board of Aldermen. Nothing herein shall limit the City's ability to accept an application less than thirty (30) days prior to the requested start date of any special event if sufficient time exists for City review.

Section 415.385 Permits Not Transferable.

[R.O. 2012 §415.385; Ord. No. 1468 §1, 9-21-2010]

No special event permit issued under the provisions of this Section shall be assigned or transferred to any other person or transferred to another location for the operation of a special event by that business or person at a different location.

Section 415.390 No Vested Right Created.

[R.O. 2012 §415.390; Ord. No. 1468 §1, 9-21-2010]

Because the intention of this Article is to allow for the temporary use of property under specific controlled conditions, the City's issuance of a special event permit is not intended to, and expressly does not, create a vested property right in any use of property allowed by the City's grant of a special use permit nor does it create a right or expectation in the property owner to the City's issuance of a subsequent special use permit for the same special use. The City may, at its sole discretion based upon the health, safety and welfare of the citizens of the City of Warson Woods and the community as a whole, revoke an existing special event permit for violation of its terms or other exigent circumstances or decline issuance of further permits.

Warson Woods City Zoning Code

CHAPTER 415

Zoning Rules and Regulations

Section 415.010 Use Regulations - "A" and "B" Residence Districts.

[R.O. 2012 §415.010; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1380 §1, 11-21-2006; Ord. No. 1383 §1, 12-19-2006; Ord. No. 1406 §1, 12-18-2007; Ord. No. 1422 §2, 7-15-2008]

Permitted uses.

Single-family dwellings (including attached or detached garage). No more than one (1) single-family dwelling per lot is permitted.

Parks and playgrounds owned or operated by the City.

Group Homes.

[Ord. No. 1566 § 2, 11-17-2015]

(a)

(i)

Adjoin any lot upon which another group home already exists; or

(ii)

Be separated from any lot upon which an existing group home already exists only by a street or roadway.

(b)

The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family dwellings shall apply equally to group homes.

(c)

All proposed new construction of a single-family dwelling; or

New construction on an existing single-family dwelling which addition is valued at one hundred fifty thousand dollars ($150,000.00) or more; or

Community buildings owned or operated by public agencies.

Public libraries.

Places of public assembly.

Accessory uses. In addition to the principal uses above, the following accessory uses shall also be permitted:

Home occupations, provided that:

[Ord. No. 1673, 1-17-2023]

Home occupations may only be performed by the owner or a tenant of the dwelling within which the home occupation is being performed;

The total number of employees and clients on-site at one (1) time in a dwelling may not exceed the occupancy limit for the dwelling;

The use of a dwelling for a home occupation shall not cause a substantial increase in traffic in the area of the dwelling;

The activities of the home occupation shall not be visible from any adjoining street;

Such home occupation shall be conducted entirely within the dwelling;

The performance of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking;

(9)

(10)

A minimum of two (2) off-street parking spaces shall be provided on the premises for said home occupation;

(11)

No commercial vehicles shall be displayed or stored outside of a structure on the property;

(12)

(13)

(14)

The business activity performed by the owner or tenant of the dwelling shall be compliant with all State and Federal laws and ordinances of the City.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.

HVAC equipment, permanent play equipment, barbecue stoves, doghouses and gazebos accessory to single-family dwelling shall not be located in the front yard.

[Ord. No. 1601, 5-15-2018]

Stationary emergency generators must be confined to the rear yard and may not encroach into the rear or side setback.

[Ord. No. 1530 §3, 3-11-2014; Ord. No. 1601, 5-15-2018]

Accessory storage units.

[Ord. No. 1582 § 3, 12-20-2016]

Sheds. Sheds are not permitted in the "A" or "B" residential district.

[Ord. No. 1582 § 3, 12-20-2016]

Section 415.020 Use Regulations - "C" Manchester Road Commercial District.

Principal Uses.

List of Principal Uses
Art/photography gallery
Automotive parts and supply store
Automotive rental agency (only per Section 415.020(F)(1), below)
Banking and financial institutions
Bed and breakfast
Church
Comprehensive marijuana dispensary facility
Condominiums (mixed planned use)
Convenience store
Day care
Drug store (pharmacy)
Farmer's market
Fine or performing arts studios
Government uses
Grocery store
Hardware store
Health club or fitness center
Institutions
Laundry, dry cleaning or garment services
Library
Massage therapy
Medical marijuana dispensary
Microbusiness dispensary facility
Mobile Vending business eating and drinking garden
Museum
Music store
News stand
Offices, general
Offices, medical
Park
Pet grooming
Plant nursery
Pop-up market
Post office/shipping store
Restaurant, general
Restaurant, limited
Retail, general light
Seasonal Christmas tree lot
Seasonal pumpkin sale lot
Sports and recreation facilities
Veterinarian
Video and audio recording sales and rental

List of Accessory Uses
Those accessory uses allowed as special uses in Section 415.250.
Accessory buildings and structures
Construction office (temporary)
Deck
Drive-through window (planned use only)
Fence
Temporary outdoor display area
Telecommunications antenna mount

Additional Use Regulations.

Vehicle Access, Driveways, And Parking Requirements.

Landscape buffering and screening of parked cars must be provided as described in this Section.

Service alleys and other service zones shall not be located in areas that are visible from public roads or neighborhood entry throughways.

All Commercial Uses with less than 10% of GLA* in Entertainment Space

3.7 cars per 1,000 SF of GLA

Parking ratios may be reduced to 3.0 per 1,000 SF of GLA if employee parking is accommodated off-site by other sustainable arrangements approved by the City.

Commercial Uses with Over 10% of GLA in Entertainment Space

Shared parking — parking spaces shall be used to serve 2 or more individual land uses without conflict or encroachment as determined and approved by the City.

Commercial Uses with Restaurants

1 car per every 2 seats

Schools, Business or Vocational, Public and Private, All Grades

1 space for every classroom and office and 1 space for every 4 students over 16 years of age or 1 space per 250 SF of GLA, whichever is greater

Special paving materials should be used to enhance pedestrian circulation routes and provide a clear designation from vehicular movement areas. Special paving materials include:

Colored and patterned or scored concrete;

Concrete or asphalt unit pavers.

Landscape, Buffers, Screening.

General Parking Lot And Service Area Landscape Requirements.

A thirty (30) foot wide landscape buffer shall be implemented on all commercial lots where such lots abut residential or other uses. See Figure 6 for buffer development requirements.

Tree species selected should be indigenous to the region or of a horticultural variety that is identified as a USDA Plant Zone 5 material.

Fig. 6 — Buffer at commercial/residential boundary

Service, Loading, And Utilities.

Loading areas shall be accommodated entirely on-site for each lot.

Parallel parking space for delivery vehicles shall be provided along service drives or in specially designated courts or loading areas.

All new installations and replacement of existing exterior utilities such as water, gas, sewerage, electrical, and communication lines shall be installed underground.

Lighting.

No lighting shall spillover onto any property used for residential purposes.

Section 415.025 Use Regulations - "D" Planned Development Light Manufacturing District.

[Ord. No. 1622, 7-16-2019; Ord. No. 1676, 1-17-2023]

Principal Uses.

Developmental Standards.

Any use in this district shall meet the following standards:

Section 415.030 Height and Area Regulations.

[R.O. 2012 §415.030; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1380 §2, 11-21-2006; Ord. No. 1402 §1, 9-18-2007]

"A" Residence District. In the "A" Residence District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

[Ord. No. 1583 § 1, 1-17-2017; Ord. No. 1606, 8-21-2018]

“Open Porch” means a roofed structure attached to a single-family dwelling and open on two (2) or more sides. A screened-in porch shall not be considered an “open porch.”

Living area. Every family dwelling hereafter erected shall have a living area not less than one thousand eight hundred (1,800) square feet, excluding open porches and garages.

"B" Residence District. In the "B" Residence District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

[Ord. No. 1583 § 1, 1-17-2017; Ord. No. 1606, 8-21-2018]

“Open Porch” means a roofed structure attached to a single-family dwelling and open on two (2) or more sides. A screened-in porch shall not be considered an “open porch.”

Living area. Every family dwelling hereafter erected shall have a living area not less than one thousand eight hundred (1,800) square feet, excluding open porches and garages.

"C" Manchester Road Commercial District. In the "C" District, the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

Height. No building hereafter erected or structurally altered shall exceed three (3) stories or forty-two (42) feet.

Front yard. There shall be a distance of not less than sixty-five (65) feet from the front line of the building to the centerline of any highway passing along the "C" District.

"D" Planned Development Light Manufacturing District. In the "D" District, the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

[Ord. No. 1622, 7-16-2019]

Front Yard. There shall be a distance of not less than fifteen (15) feet from the front lot line to the front of the building.

Section 415.040 Regulations Applicable To "A" and "B" Residence Districts.

[R.O. 2012 §415.040; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1422 §3, 7-15-2008]

Cost of Project	Time Limit
$20,000.00	6 months
$50,000.00	9 months
More than $50,000.00	12 months

[Ord. No. 1674, 1-17-2023; Ord. No. 1702, 11-21-2023]

Project Completion Deposit For Structures In The "A" And "B" Residence Districts.

Application for building permits in the "A" and "B" Residence Districts shall be accompanied by a project completion deposit in the following amounts:

Project Cost	Deposit
Less than $10,000.00	$250.00
$10,000.00 and over	$500.00

Any balance remaining in any project completion deposit shall be returned to the applicant upon final inspection and approval by the Building Commissioner.

Section 415.045 Accessory Utility Uses and Facilities - All Districts.

[R.O. 2012 §415.045; Ord. No. 1397B §2, 8-21-2007]

General regulations. The following general regulations apply to all accessory utility facilities:

Underground. All such facilities shall be placed underground, except as otherwise provided in Subdivisions (c) and (d) herein or as approved by special use permit.

Noise. All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.

Other facilities. All utility facilities not authorized by this Subsection or specifically addressed elsewhere in this Code shall be authorized only as a special use permit pursuant to this Code.

Section 415.050 Non-Conforming Uses and Structures.

[R.O. 2012 §415.050; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1380 §3, 11-21-2006]

NON-CONFORMING FENCE

[Ord. No. 1634, 2-18-2020]

NON-CONFORMING STRUCTURE

NON-CONFORMING USE

Non-Conforming Structures, Fences.

[Ord. No. 1634, 2-18-2020]

The non-conforming fence does not encroach on adjoining property;

The replacement fence is no taller than the height of the existing non-conforming fence;

The replacement fence meets the location requirements of Section 415.060(A)(3)(e);

The replacement fence meets the fence type and design requirements of Section 415.060(A)(3)(a — b);

The non-conforming fence was not removed (i.e., the use discontinued) more than sixty (60) days prior to application for a fence permit for the replacement fence; and,

A fence permit is obtained prior to replacement.

(Reserved)[1]

[1]

Editor's Note: Former Subsection (C), Non-Conforming Uses, was repealed 1-17-2023 by Ord. No. 1673.

Except as set forth in Subsection (B) above, new buildings to replace destroyed or removed non-conforming buildings shall conform to the provisions of this Article.

Section 415.060 Additional Height, Area, Fence and Screen Exceptions.

The foregoing height and area requirements shall be subject to the following exceptions and regulations:

Height.

Area.

On through lots exceeding two hundred (200) feet in depth, the front yard regulations along each street shall be observed.

In computing the depth of a rear yard for any building where such rear yard opens onto an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard.

Fences.

Shadow Box Design. Construction of shadow box type fences shall adhere to the following requirements:

The fence shall have the same general appearance from both sides; however, if any support or framing members are exposed they shall only be visible from the fence side facing the owner's property;

The design of the fence shall provide indirect observation (daylight) through gaps created by spacing of slats (pickets) alternating on either side of the support rails;

Alternating slats (pickets) shall not overlap more than one-fourth (1/4) the width of the slat (picket);

The fence design shall comply with any additional written design specifications for shadow box fences established by the Building Commissioner in conformity with the above requirements; and