This chapter shall be known, referred to and recited as the Zoning Code of the City of Webster Groves.

For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; and the word "shall" is mandatory and not directory. The definitions follow in alphabetical order:

Accessory buildings shall mean a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.

Accessory equipment shall mean any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures.

Accessory structure—General shall mean, except in planned, institutional and educational districts where individual lot lines may be disregarded under certain circumstances, a structure located on the same lot with the principal structure and customary, incidental and subordinate to the use of the principal structure and subordinate in lot coverage and floor area to the principal structure as provided in this chapter.

Accessory structure—Planned, institutional and educational districts shall mean, a structure located on an area of land where lot lines may be disregarded because of special provisions in a planned, institutional or educational regulation and that is customary, incidental and subordinate to the use of a principal structure or structures on that same area of land and that is subordinate in land coverage and floor area to the principal structure, the use of which it services, and is compliant with all land coverage and floor area requirements in this chapter.

Accessory use—General shall mean a use allowed in conjunction with a permitted land use or a conditional land use to the extent expressly allowed by the conditional use permit allowing the conditional land use and when such accessory use is customarily found in conjunction with the primary use, is reasonably necessary and incidental to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use, whether the primary use is a use permitted as a matter of right or granted by a conditional use permit.

Accessory use—Planned, institutional and educational districts shall mean a use allowed in conjunction with a permitted land use and limited to non-commercial purposes by non-profit, institutional entity, even though such use might be operated or provided by a for-profit entity that is providing goods or services for the non-profit institutional entity and such use is directly related to the primary use, customarily found in conjunction with the primary use, is reasonably necessary and incidental to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use, whether the primary use is a use permitted as a matter of right or granted by a conditional use permit.

Accessory utility facility shall mean such facilities, including pedestals, boxes, vaults, cabinets, or other ground-mounted or below-ground facilities that directly serve the property or local area 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. Unless otherwise required by law, accessory utility facilities shall not include fire hydrants, street lighting facilities, traffic signals, mail depositories or other approved facilities owned by the city, state, or federal government.

Adult day care center shall mean a facility providing an adult day care program .

Adult day care home shall mean a dwelling maintained by a householder who provides an adult day care program.

Adult day care program shall mean a group program, licensed by a regulatory agency of the State of Missouri , designed to provide care and supervision to meet the needs of adults with a disability for periods of less than 24 hours but more than two hours per day in a place other than the adults' own home.

AGL (above ground level) shall mean the level as determined by the average elevation of the natural ground level within a radius of 50 feet from the center location of measurement.

Alley shall mean a public or private thoroughfare which affords only a secondary means of access to property abutting thereon.

Amusement place shall mean a commercially operated place with various devices for entertainment and booths for the sale of food and drink.

Ancillary use shall mean a use which is to serve the occupants and patrons of any primary use permitted as a matter of right within a building.

Animal grooming shall mean any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.

Antenna shall mean any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite earth station antenna less than two meters in diameter (mounted within 12 feet of the ground or building-mounted) and any receive-only home television antenna.

Apartment shall mean a room or suite of rooms in a two-family or multiple dwelling, or where more than one living unit is established above non-residential uses, and that is used, intended to be used or designed for use as a residence by a single family including bath and culinary accommodations. Apartment does not include student housing, apartment.

Applicant shall mean any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.

Application shall mean a request submitted by an applicant to the city to construct a new wireless support structure, for the substantial modification of a wireless support structure, or for collocation of a wireless facility or replacement of a wireless facility on an existing structure.

Appurtenance shall mean an antenna or other piece of related equipment affixed to a transmission tower, building, silo, smokestack, light or utility pole, or an alternative support structure.

Art gallery shall mean a room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public.

Art studio shall mean work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft.

Athletic facilities shall mean facilities both indoor and outdoor for recreation use, characterized by potential impacts on traffic and the character of the neighborhood including but not limited to: lighted athletic fields/complexes for soccer, baseball, basketball, football, tennis; batting cages; swimming pools; golf courses; and skateboard parks.

Athletic fields shall mean a developed outdoor recreation area that may contain a playground as well as unit fields for competitive sports such as baseball, football, or soccer. Temporary bleachers and field equipment may be provided.

Automobile dealership shall mean a retail business primarily housed in a structure and characterized by a mixture of related uses upon a commercial site; however, the principal use of the site shall be the marketing of new or used automobiles, whether by sale, rent, lease, or other commercial or financial means. Secondary supporting uses may also exist upon the same site, such as maintenance, repair and service areas, parts storage areas, and financial service areas.

Automotive detailing shop shall mean a facility which provides automobile-related services including, but not limited to applying paint protectors, interior and exterior cleaning and polishing as well as installation of aftermarket accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. However, engine degreasing or similar automobile cleaning services shall not be included under this definition.

Automotive repair and services facility small mean a facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, fender repair or tires, and overall painting.

Automotive retail supply shall mean the use of any building, or portion thereof, for the display and sale of new parts, tires and accessories for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Bakery shall mean an establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service.

Banquet facility shall mean a facility for hire, providing food service and /or entertainment.

Basement shall mean a floored and walled substructure of a building at least 50 percent below the average finished grade of the building. If more than 50 percent or five feet, whichever is greater, is exposed above the grade, the area is counted as a story in height regulations.

Body piercing shall mean any method of piercing the skin or mucosa, other than the ear, in order to place an object including but not limited to rings, studs, bars or other forms of jewelry through the skin or mucosa.

Brewery shall mean any establishment that brews ales, beers, meads, and/or similar beverages on site. Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all beverages combined) annually. In addition, breweries are separate from micro-breweries and are not considered a drinking establishment for zoning purposes.

Broadcasting studio shall mean commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings

Building shall mean any structure affixed to the land and designed or intended for the support, enclosure, shelter or protection of persons, animals, or property.

Building, height of shall mean the vertical distance from the average finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building permit shall mean a permit issued by the city prior to commencement of work on the collocation of wireless facilities on an existing structure, the substantial modification of a wireless support structure, or the commencement of construction of any new wireless support structure, solely to ensure that the work to be performed by the applicant satisfies the applicable building code.

Building zone shall mean an area identified on the approved campus master plan where the educational facility may renovate an existing structure, enlarge an existing structure, or build a new structure for any permitted use, but not lesser categories of uses, such as conditional or accessory uses, and provided further that structured parking facilities and surface parking lots for more than ten vehicles may only be developed in designated building zones as reflected in the plan.

Cabinet shall mean a structure for the protection and security of communications equipment associated with one or more antenna where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four feet by six feet, and vertical height that does not exceed six feet.

Campus shall mean an area of land located within and zoned as an EC District comprised of the aggregate of one or more contiguous lots that are under common ownership and developed for permitted uses, and with such conditional and accessory uses as are otherwise authorized in this chapter 53.

Campus master plan shall mean the maps, plats, plans, charts, and descriptive matter adopted by the city council in accordance with the "EC" district regulations contained in this chapter 53.

Campus section plan shall mean a plan for future development of a portion of contiguous property situated within an "EC" district.

Car wash shall mean facilities for the washing, waxing or vacuuming of private automobiles, light trucks and vans, but excluding heavy trucks and buses.

Catering establishment shall mean an establishment where the food and meals are prepared on the premises and such food and meals are delivered to another location for consumption.

Cemetery shall mean land used or intended to be used for internment of the dead and dedicated for such purposes, including columbaria, mausoleums, urn gardens, necessary sales and maintenance facilities.

Child day care shall mean the care of a child away from his/her own home for any part of the 24-hour day, for compensation or otherwise. Child day care is a voluntary supplement to parent responsibility for the child's protection, development, and supervision. Child day care may be given in a child day care home or a child day care center.

Child day care center is a facility other than the provider's permanent residence, or separate from the provider's living quarters, where care is provided for children for any part of the 24-hour day.

Child day care facility is a child day care home or a child day care center, whether known or incorporated under another title or name.

Child day care home or child day nursery shall mean in residential and commercial zoning districts, a building or dwelling maintained (the premises) by a person who provides or attempts to provide care for more than four but not more than ten children, who are not related to the day care provider, at any one time during the daytime for compensation or otherwise; additionally, in residential districts, the owner or lessee of a premises to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that a premises is used to provide any day care service for unrelated children.

Coffee shop, no drive-thru shall mean an informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.

Coffee shop, drive-thru shall mean an informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold and customer orders may be by means of a window designed to accommodate automobile traffic.

Collocation shall mean the placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.

Commercial or industrial vehicle shall mean any vehicle or equipment used for commercial or industrial purposes with or without signage with the exception of a passenger vehicle or station wagon.

Commercial service facility shall mean retail establishments that primarily render services rather than goods. Such services may include but not be limited to copy shops, printing services, package and postal services, janitorial services, and similar operations.

Community building shall mean a place, structure, area, or other facility used for and providing religious, fraternal, social or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community

Convenience store (with gasoline) shall mean a small store or shop (minimum 1,000 square feet) that typically has long hours and sells a mix of items such as candy, ice-cream, soft drinks, lottery tickets, cigarettes and other tobacco products, newspapers and magazines, along with a selection of processed food and perhaps some groceries as well as gasoline for use in motor vehicles, but which is neither as large nor sells the broad scope of items commonly sold by grocery stores.

Convenience store (without gasoline) shall mean a small store or shop (minimum 1,000 square feet) that typically has long hours and sells a mix of items, excluding gasoline, such as candy, ice-cream, soft drinks, lottery tickets, cigarettes and other tobacco products, newspapers and magazines, along with a selection of processed food and perhaps some groceries, but which is neither as large nor sells the broad scope of items commonly sold by grocery stores.

Director shall mean the director of planning and development of the City of Webster Groves, Missouri, or his/her designee.

Disability shall have the same meaning as the definition of "handicap" in the Fair Housing Act.

Disguised support structure shall mean any freestanding, manmade structure designed for the support of wireless facilities, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, pylon sign structures, water towers, artificial trees, flag poles and light standards.

District shall mean a section or sections of the City of Webster Groves for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Drinking establishment shall mean an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises including but not limited to, pubs, bars, cocktail lounges, public houses and taverns. The serving of food is not required but may be provided.

Drug store and pharmacy, no drive-thru shall mean an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Drug store and pharmacy, drive-thru shall mean an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies in part, by means of a window designed to accommodate automobile traffic.

Dry cleaning establishment shall mean an establishment which launders or dry cleans articles dropped off on the premises directly by the customer or where articles are dropped off, sorted, and picked up but where laundering or cleaning is done elsewhere

Dwelling shall mean any building or portion thereof which is designed for or used exclusively for residential purposes.

Dwelling, single-family shall mean a detached building designed for or occupied exclusively by one family.

Dwelling, single-family attached shall mean two or more single-family dwellings sharing common wall areas, each on its own individual lot.

Dwelling, two-family shall mean a detached or semi-detached building designed for or occupied exclusively by two families living independently of each other.

Dwelling, multiple shall mean a building or portion thereof used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartments and apartment hotels.

Educational facility shall mean a school or institutional use in varying densities in a building or buildings which can include such accessory uses as administrative or faculty offices, classrooms, laboratories, chapels, auditoriums, cafeterias, gymnasia, theater, lecture halls, libraries, and ancillary facilities for students, faculty and employees associated with each of the following types of uses:

Educational facility, elementary shall mean a public, private or parochial school use offering instruction at the elementary and/or junior high school levels with a full range of curricular programs.

Educational facility, small college shall mean an institutional use that is primarily focused on undergraduate education and grants more than half of their baccalaureate degrees in arts and science fields. ^[1]

Educational facility, university shall mean an institutional use that typically offers a full range of baccalaureate programs and graduate education through the doctorate degree and may also have research facilities. ^[2]

Educational facility, school for the arts shall mean an institutional use offering instruction and classes in the various arts (e.g. dance, painting, sculpting, singing) that are taught to four or more persons at a time.

Educational facility, secondary shall mean a public, private or parochial school use offering instruction at the senior high school level with a full range of curricular programs.

Educational facility, seminary shall mean an institutional use that is primarily focused on religious instruction or training members of the clergy and offering degrees in religion. ^[3]

Educational facility, special needs shall mean an institutional use offering instruction at the primary or secondary school levels for students with special needs, behavioral or learning disabilities, or for similar reasons and can have limited dormitory uses.

Electrical transmission tower shall mean an electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.

Equipment compound shall mean an area surrounding or near a wireless support structure within which are located wireless facilities.

Existing structure shall mean a structure that is capable of supporting wireless communications facilities (other than a support structure) in full conformance with the design and other requirements of the wireless code and is: (1) existing prior to the date of all applicable permit applications seeking city authorization for installation of such facilities thereon and (2) not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure

FAA shall mean the Federal Aviation Administration.

Faculty housing shall mean a dwelling unit/s for person/s teaching at an educational facility located on an educational campus and permitted in accordance with this chapter 53.

Family shall mean one or more persons occupying a dwelling and living as a single housekeeping unit, all of whom, or all but two of whom, are related to each other by birth, adoption, or marriage, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.

Fast-track small wireless facility or fast-track, shall mean a small wireless facility that meets the requirements of section 53.226.

FCC shall mean the Federal Communications Commission.

Fence shall mean a barrier made of posts, wire, boards or other permanent, durable material, erected to mark a boundary or to serve as a means of protection or privacy and, constructed in conformance with the building code of the City of Webster Groves.

Filling station with pumps shall mean a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises.

Financial institution, no drive-thru shall mean an establishment where the principal business is the receipt, disbursement or exchange of funds and currencies, such as: banks, savings and loans, or credit unions.

Financial institution, drive-thru shall mean an establishment where the principal business is the receipt, disbursement or exchange of funds and currencies (such as: banks, savings and loans, or credit unions) and including provisions for the conduct of banking services directly to the occupants of motor vehicles

Floor area shall mean the horizontal area of a floor of a building measured from the interior face of the exterior walls of building, without deduction for hallways, closets, thickness of walls, columns or other features. For the purposes of computing floor area for half story, any portion of the floor area measuring less than five feet from the finished floor to the finished ceiling shall not be included in the computation of floor area.

Floor area, adjusted gross shall mean the gross floor area of a structure, as defined herein, adjusted as follows:

a.

All living space with ceiling heights of 16 feet or greater shall be counted at 200 percent.

b.

Basements as defined herein, including garages located below the first floor of a single-family home, shall not be counted.

c.

The floor area of all other attached garages shall be counted at 50 percent.

Floor area, gross shall mean the sum of the floor areas for all stories of a building as defined herein.

Floor area ratio (FAR) shall mean the ratio of the adjusted gross floor area of a primary structure to the total area of the site.

Frontage:

a.

Street frontage shall mean all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street.

b.

Lot frontage shall mean the distance for which the front boundary of a lot and the street line coincide.

Garage, private shall mean an accessory building housing motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one of the vehicles may be a commercial vehicle of not more than one and one-half tons capacity.

Garage, public shall mean any building or premises used for equipping, repairing, hiring, selling or storing motor driven vehicles.

Golf course shall mean an area or course for playing golf, consisting of at least nine holes, except miniature golf, within which the playing area, including any practice driving range area, is not artificially illuminated.

Grade shall mean the average level of the finished surface of the ground adjacent to the exterior walls of the structure. In the case the walls are within five feet of a public sidewalk, alley or right-of-way, the grade shall be the elevation of the sidewalk, alley or right-of-way.

Grocery shall mean a retail establishment which primarily sells food, but also may sell other convenience and household goods.

Group care home shall mean a dwelling that is occupied on a permanent basis, as opposed to a transient guest, by a household of unrelated persons with disabilities and can include paid staff or caregivers.

Gymnasium shall mean a building or room designed and equipped for indoor sports, exercise, or physical education that is accessory to a primary permitted use.

Height shall mean the vertical distance measured from the base of a structure at ground level to its highest point, including the main structure and all attachments thereto.

Home occupation shall mean any occupation, business, profession, or commercial activity carried on by a member or members of a household, residing on the premises, which is incidental and subordinate to the use of the residential dwelling. This use does not include those pursuits that have a primary location not within the residential structure.

Hospital shall mean an institution providing medical and surgical care for humans only, for both inpatients and outpatients, including medical service, training, and research facilities.

Hotel shall mean a building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such it is open to the public in contradistinction to a short term rental, bed and breakfast facility, or an apartment which are herein separately defined.

Household or householder shall mean a person or persons who lives or live in a single-family residence, one-half of a two-family residence or in an apartment, condominium or townhouse with tenancy arranged on a basis of 30 consecutive days or more.

Incidental use shall mean any use authorized herein that exists in addition to the principal use of the property.

Industrial sales and service shall mean establishments providing industrial sales, services, and repairs to individuals or businesses. this classification includes metal, machine, and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar business engagements in custom fabrication and repair.

Institution shall mean a building occupied by a non profit corporation or a non profit establishment for public use.

Laboratory—Professional, scientific shall mean a facility for analysis of natural resources, medical resources, manufactured materials, or similar items.

Library shall mean a public facility for the use, but not sale, of literary, musical, artistic, or reference materials.

Loading space shall mean a space within the main building or on the same lot providing for the standing, loading or unloading of trucks.

Long term care facility shall mean a building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care. A long term care facility may also include assisted and independent living uses.

Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this Code and having its principal frontage upon a street.

Lot, corner shall mean a lot abutting upon two or more streets at their intersection.

Lot, depth of shall mean the mean horizontal distance between the front and rear lot lines.

Lot, double frontage shall mean a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, reversed corner shall mean a lot having its rear lot line abutting the side lot line of another lot.

Lot of record shall mean a lot which is a part of a subdivision, the map of which has been recorded in the office of the recorder of deeds.

Lot lines shall mean the lines bounding a lot as defined herein.

Major thoroughfare shall mean a street or highway being a part of the system of principal streets shown upon the major street plan of The City of Webster Groves.

Maneuvering space shall mean the unobstructed area needed for a truck to back in a single movement directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of the loading space to the curb side of the most remote traffic lane in the access street.

Manufacturing, fabrication, assembly, processing, or packaging facility shall mean the use of any building, land area, or other premises or portion thereof used for the manufacture, fabrication, assembly, processing, or packaging of goods. This use does not include:

1.

Facilities producing or processing explosives or flammable gases or liquids;

2.

Facilities for animal slaughtering, meat packing, or rendering;

3.

Sulphur plants, rubber reclamation plants, or cement plants;

4.

Steel mills, foundries, or smelters;

5.

Marijuana cultivation facilities; or

6.

Marijuana-infused products manufacturing facilities.

Marijuana or marihuana shall mean Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the marijuana plant and marijuana-infused products. Marijuana or marihuana do not include industrial hemp, as defined by Missouri statute, or commodities or products manufactured from industrial hemp.

Marijuana accessories shall mean any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

Marijuana facility shall mean a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the State of Missouri, but shall not include a medical facility licensed with the state.

Marijuana-infused products shall mean products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.

Marijuana cultivation facility, comprehensive shall mean a facility licensed by the State of Missouri to acquire, cultivate, process, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.

Marijuana dispensary facility, comprehensive shall mean a facility licensed by the Sate of Missouri to acquire, store on site or off site, sell, transport to or from and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient or primary caregiver, as those terms are defined in section 1 of this article, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

Marijuana dispensary facility, microbusiness means a facility licensed by the State of Missouri to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a consumer, qualifying patient, as that term is defined in section 1 of this article, or primary caregiver, as that term is defined in section l of this article, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of this article and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.

Marijuana facility, microbusiness means a facility licensed by the State of Missouri as a marijuana dispensary facility, microbusiness or marijuana wholesale facility, microbusiness, as defined in this section.

Marijuana-infused products manufacturing facility, comprehensive shall mean a facility licensed by the State of Missouri to acquire, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

Marijuana testing facility shall mean a facility certified by the State of Missouri to acquire, test, certify and transport marijuana, including those originally certified as a medical marijuana testing facility.

Marijuana wholesale facility, microbusiness means a facility licensed by the State of Missouri to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana-infused products to a marijuana dispensary facility, microbusiness, other marijuana wholesale facility, microbusiness, or marijuana testing facility. A marijuana wholesale facility, microbusiness may cultivate up to 250 flowering marijuana plants at any given time. a microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.

Modification shall mean any addition, deletion, or change, including the addition or replacement of antenna, or any change to a structure requiring a building permit or other governmental approval.

Mortuary shall mean an establishment in which the deceased are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings or display of funeral equipment.

New construction shall mean entirely new structures or significant additions to a structure that requires a building permit or an occupancy permit under chapter 20 and chapter 53 of the City Code.

Nonconforming use shall mean any building or land lawfully occupied by a use at the time of passage of Ordinance 5906 or amendment thereto, which does not conform after the passage of Ordinance 5906 or amendment thereto with the use regulations of the district in which it is situated, provided that types of uses contained in section 53.170 et seq. of this Code existing at the time of the passage of Ordinance 5906 shall be considered as nonconforming until such time as a permit under section 53.170 et seq. has been issued.

Nursery school shall mean a school operated by a person or organization which is conducted primarily for education of preschool-age children for no more than four hours per child per day and which provides no custodial care.

Office for the conduct of any lawful business or professional pursuit shall mean a room, suite of rooms, or building in which a person transacts the affairs of a business, profession, service, industry, or government.

Oil change facility shall mean operations that provided lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. It is intended that these services will be provided while customers wait, generally within a 15- to 20-minute time period.

Open space shall mean an area that may include pervious surfaces such as ponds, grass areas, and landscaped areas. Open space also includes water features or drainage ditches, athletic fields, sidewalks, and pedestrian areas such as plaza areas for seating. Open space specifically excludes any portion of a site covered by a building, any paved area for vehicular circulation or parking, and any outdoor storage areas.

Open zone shall mean an area on the approved campus master plan where no new structure may be built. Existing structures located in designated open zones may be renovated for any permitted use except a structured parking facility or surface parking, but may not be expanded in either height or building footprint. An open zone may contain walks (paved or unpaved), landscaping, athletic fields, gazebos, fountains, storm water retention/detention basins, rain gardens and similar ancillary improvements.

Parking space shall mean an area surfaced with concrete, bituminous or similar materials, exclusive of a durably surface driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

Pawn shop shall mean an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.

Personal services shall mean a business that provides specialized service specific to an individual which includes barbershops, beauty parlors, day spas, nail salons, tanning salons, and similar services.

Places of worship shall mean a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. Includes church, synagogue, temple, mosque or other such place for worship.

Planned environment unit lot shall mean a parcel of land utilized for a planned environment unit, utilized, occupied or intended for any occupancy or use permitted in this zoning code including the use of one or more main buildings together with accessory buildings, or uses, and the open spaces and parking spaces required by this zoning code.

Plumbing, electrical, air conditioning, and heating equipment sales, warehousing and repair facility shall mean any establishment that includes the retail sale, repair service, and/or warehousing of equipment for a plumbing, electric, air conditioning, or heating business.

Public safety facilities shall mean a government facility for public safety and emergency service, including a facility that provides for police or fire protection and related administrative facilities.

Recreation facility shall mean any establishment whose main purpose is to provide the general public with an amusing or entertaining activity. Includes, but not limited to, skating rinks, water slides, miniature golf courses, arcades, tennis courts, swimming pools, billiard halls, and fitness center but not theaters

Recyclables shall mean all plastic containers and Styrofoam material from households; aluminum containers and material; clear, green and brown/amber glass containers; steel containers used in a household; newsprint and paper from households; fiberboard and corrugated cardboard from households; non-leaking batteries and tires from households; white goods from the households, such as washers, dryers, stoves, ranges, trash compactors, and water heaters.

Recycling facility shall mean any building or premises operated primarily for the benefit of the general public which accepts some or all of the materials defined herein as recyclables.

Replacement shall mean includes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.

Residential care center shall mean an accommodation providing lodging, care, treatment or custody, including transient guests, in exchange for compensation. The center may provide medical, social, educational, rehabilitative or protective services for persons with a disability. "Residential care center" does not include "apartment", "bed and breakfast", "hotel", or "student housing" which are herein separately defined.

Research facility shall mean a structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.

Restaurant, no drive-thru shall mean an establishment where food and beverage are served to the public on demand from a menu during stated business hours, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools.

Restaurant, drive-thru shall mean an establishment where food and beverage are served to the public on demand from a menu during stated business hours, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools and including provisions for the conduct of sales directly to the occupants of motor vehicles.

Retail sales establishment, no drive-thru shall mean retail shops and stores (excluding autos, boats, machinery, groceries, etc.) such as apparel, books, hardware, jewelry, paint, sporting goods, and electronics.

Retail sales establishment, drive-thru shall mean retail shops and stores (excluding autos, boats, machinery, groceries, etc.) such as apparel, books, hardware, jewelry, paint, sporting goods, and electronics and including provisions for the conduct of sales directly to the occupants of motor vehicles

Self-storage facility shall mean a building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses.

Setback shall mean the required minimum horizontal distance between a road right-of-way or lot line and the front line of a building excluding steps and unenclosed porches, except as may be permitted elsewhere in this Code.

Sexually oriented business shall mean an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, escort agency, semi-nude model studio, or sexual encounter center, as defined in chapter 41 of the City Code, Licensing and Regulation of Particular Businesses.

Shelter shall mean a building for the protection and security of communications equipment associated with one or more antenna and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antenna is prohibited.

Shopping centers shall mean a group of retail stores, planned and developed for the site upon which they are built and owned or managed as a unit and designated as such by filing in the office of the city clerk a declaration showing the legal boundaries of such center and listing the name and address of the owner and manager thereof, provided, however, that the site may not be less than five acres.

Shopping district shall mean a retail center consisting of 20 or more retail stores, being either under single management or in an association, having common identity as to location and designated as such by filing with the city clerk a declaration signed by such manager of the association showing the boundaries of the district and listing the name and address of the members of the association and the manager thereof.

Short term rental shall mean an accommodation for transient guests where, in exchange for compensation, a portion of a single family residence is provided for lodging for a period of time not to exceed 14 consecutive days.

Signs. See comprehensive sign ordinance and building code requirements, classification, regulation and size.

Site development plan shall mean a site plan accompanying an application for a building permit, prepared by a qualified engineer or architect, depicting proposed development of an area in conjunction with the proposed development and in compliance with all applicable Site Development regulations contained in this chapter 53.

Small loan businesses establishments which (a) engage in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck or car title, or (b) are registered as lenders under state or federal law. the classification does not include a state or federally chartered bank, savings association, credit union, or industrial land company. further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. this classification does include, but is not limited to check cashing stores, payday loan stores, and car title loan stores.

Small wireless facility shall mean an antenna and associated equipment that meets the following:

i.

An Antenna of no more than six cubic feet in volume; and

ii.

All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than 28 cubic feet in volume; provided that no single piece of equipment on the utility pole shall exceed nine cubic feet in volume, and no single piece of ground mounted equipment shall exceed 15 cubic feet in volume.

Standard outdoor advertising structures shall mean all signs which advertise products, services or businesses which are not located on the same premises as the sign, including billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground.

Storage area shall mean all areas within a building used for the storage of goods or materials that are not open to the public, but not including work areas, office space, or the temporary storage of customers' goods.

Story shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. Basements that are more than 50 percent or five feet, whichever is greater, above grade count as a story in the height regulations.

Story, half shall mean a space under a sloping roof where the gross floor area of any portion measuring more than five feet from the finished floor to the finished ceiling is equal to or less than 50 percent of the gross floor area of the floor below. Areas which constitute more than 50 percent of the gross floor area of the floor below shall count as a story in the height regulations.

Street shall mean all property dedicated or intended for use as a public or private street, highway, freeway, or roadway or subject to public or private easement therefor.

Structure shall mean anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, bill boards, back stops for tennis courts and pergolas.

Structural alterations shall mean any change in the supporting, members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such alterations as may be required for the safety or appearance of the building.

Student shall mean a person who attends an educational facility.

Student housing shall mean a structure specifically designed for long-term stay by students of an educational facility for sleeping accommodations and permitted in accordance with this chapter 53. Structures shall be located in an "EC" district or an area outside an "EC" district that is not contiguous but that has been approved by legislative action of the city council. This includes the following types of student housing: any dormitory, fraternity/sorority house or apartment.

Substantial modification shall mean the mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed.

a.

Increases the existing vertical height of the structure by:

1.

More than ten percent; or

2.

The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or

b.

Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than 20 feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);

c.

Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four new equipment cabinets; or

d.

Increases the square footage of the existing equipment compound by more than 1,250 square feet.

Support structure shall mean a tower or disguised support structure.

Tattoo or body piercing establishments shall mean any establishment or facility, other than the office of a licensed medical doctor or when accessory to a primary personal services use, where one or more of the following is performed: 1. placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments. 2. any method of piercing the skin or mucosa, other than the ear, in order to place an object including but not limited to rings, studs, bars or other forms of jewelry through the skin or mucosa.

Theater, indoor shall mean a building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

Thrift stores shall mean an establishment wherein one or more types of secondhand articles are sold, such as clothing, shoes, furniture and other assorted items, the value which is only a fraction of the original cost, for which price guides are not available, and which normally have no collectible or antique value. This term shall not apply to businesses which sell primarily new goods, and which occasionally sell secondhand articles as a result of trade-ins or unclaimed merchandise.

Tower shall mean a structure designed for the support of one or more antenna and including guyed towers, self-supporting (lattice) towers, or monopoles, but not disguised support structures, utility poles, or buildings. The term shall also not include any support structure that includes attachments of 62 feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.

Trailer shall mean any vehicle or container without motive power designed for carrying, disposal, or storage of property or for carrying passengers on its own structure and for being drawn by or attached to a self propelled vehicle; and any semi trailer or vehicle of the trailer type so designed and used in conjunction with a self propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle; and any vehicle, whether moving under its own power or attached to and drawn by another motor vehicle, designed and constructed to permit occupancy for use as a temporary or permanent camping, dwelling or sleeping quarter for one or more persons.

Transient guest shall be a person who stays in an accommodation for a period of time less than 30 consecutive days with no intention of establishing permanent residency.

Utility shall mean any person, corporation, county, municipality acting in its capacity as a utility, municipal utility board, or other entity, or department thereof or entity related thereto, providing retail or wholesale electric, natural gas, water, waste water, data, cable television, or telecommunications or internet protocol-related services.

Utility pole shall mean a structure owned or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for wireless communications, lighting, traffic control, signage, or a similar function, which may also support a small wireless facility or "fast track".

Wireless communications service shall mean to include the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the communications Act of 1934, 47 U.S.C.§ 301

Wireless communications facility shall mean any antenna, small wireless facility, "fast track," cabinet, shelter, and support structure, and associated equipment.

Wireless facility shall mean the set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.

Wireless support structure shall mean a structure, such as a monopole, tower or building capable of supporting wireless facilities. This definition does not include utility poles.

Yard shall mean an open area between the structure setback lines of a lot as established by the regulations of a particular zoning district. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front shall mean a space extending across the entire front of a lot between the structure setback line as required by the regulations of a particular zoning district and the right-of-way.

Yard, rear shall mean a space opposite the front yard extending across the rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line. On corner lots, the rear yard shall be considered as parallel to the street upon which the lots has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side shall mean a space extending between the structure setback line as required by the regulations of the particular zoning district and the side lines of the lot, and extending between the front yard and the rear yard.

(Ord. No. 8851, §1,1-6-2015, Ord. No. 8967, §1, 6-20-2017, Ord. No. 8971, §1, 2-21-2017, Ord. No. 9038, §1, 10-16-2018, Ord. No. 9054, §1, 1-22-2019, Ord. No. 9058, §1, 3-19-2019, Ord. No.9064, §1, 4-16-2019, Ord. No. 9076, §1, 7-16-2019; Ord. No. 9131, §1, 12-1-2020; Ord. No. 9146, § 1(Exh. A), 5-4-2021; Ord. No. 9217, § 1(Exh. A), 3-7-2023; Ord. No. 9252, § 1(Exh. A), 5-7-2024)