§ 400.020. Definitions.

For the purpose of this Title, certain terms and words are herewith defined as follows:

Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" is mandatory and not directory.

ACCESSORY STORAGE UNITS

A subordinate and separate structure detached from the main building, the use of which is incidental to that of the principal structure. Accessory storage units shall include deck boxes and other similar outdoor storage containers. Accessory storage units that meet the size requirements of Section 415.060(A)(7) shall not be considered a shed or an accessory structure.

[Ord. No. 1582 § 2, 12-20-2016]

ACCESSORY USE

A structure or use that:

1. 

Is clearly incidental to and customarily found in connection with a principal building or use;

2. 

Is subordinate to and serves a principal building or a principal use;

3. 

Is subordinate in area, extent or purpose to the principal building or principal use served;

4. 

Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and

5. 

Is located on the same lot as the principal building or use served.

ART GALLERY/STUDIO

An establishment or place of business primarily engaged in the production of works of art which may require mechanical equipment or individuals and assistants, including the sale to consumers of those works produced.

AUTOMOTIVE SERVICE

An establishment or place of business primarily engaged in automotive related sales or services. The following automotive use types shall be defined as follow:

1. 

Automotive body and paint center. An establishment or place of business with fifteen thousand (15,000) square feet or more of gross floor area primarily engaged in the repair of automotive bodies and/or mechanical works, straightening of body parts, painting, welding and short-term storage of automobiles until such repairs are performed.

2. 

Automotive convenience store. An establishment or place of business primarily engaged in gasoline, diesel fuel and oil sales at retail (with no automobile repair facilities) and the retail sale of a limited line of goods that generally includes milk, bread, soda and snacks. Uses permissible also include the sale of cold drinks, packaged foods, tobacco and similar household convenience goods for customers.

3. 

Automotive customizing shop. An establishment or place of business that primarily provides after-sales services for automobiles (including the attendant retail sales of accessories for such automobiles), such as installation, conversion and modifications to the interior or exterior of automobiles.

4. 

Automotive parts and supply store. An establishment or place of business primarily engaged in the sale of merchandise that is associated with the use, repair or upkeep of automobiles.

5. 

Automotive repair shop. An establishment or place of business primarily engaged in the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts, but excluding dismantling or salvage. Automotive repair shops also include:

a. 

Automotive paint or body shop. The use of a building of less than fifteen thousand (15,000) square feet of gross floor area for the repair of automotive bodies and/or major mechanical works, straightening of body parts, painting, welding, or storage of automobiles not in operable condition.

b. 

Tire retreading or repair shop. The use of a building or premises for the repairing or retreading of automotive tires.

6. 

Automotive sales and lease. An establishment or place of business primarily engaged in the sale and/or lease of new automobiles, vans and trucks less than two (2) tons, including incidental parking and servicing of vehicles available for sale, lease or rent. Such a use also may include as a subordinate use the sales of used automobiles, vans and trucks.

7. 

Automotive service station. An establishment or place of business primarily engaged in gasoline or diesel fuel sales at retail for automobiles, recreation vehicles and motorcycles, and where in addition at least one (1) of the following services is rendered: sale, replacement or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors, fires, carburetors, brakes, fuel pumps, or other automotive parts or accessories. See "AUTOMOTIVE REPAIR SHOP" where major mechanical activities are allowed.

8. 

Automotive tire store. An establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.

9. 

Automotive washing. An establishment or place of business engaged in washing and cleaning of automobiles and related light equipment. Typical uses include self-service and full-service car washes.

BAKERY

A store in which baked goods, such as bread, cake and pastry, are made and sold at retail for consumption off the premises.

BANKING OR FINANCIAL SERVICES

An office establishment or business that primarily performs central banking functions (such as issuing currency, managing national money supply and international reserves, and acting as fiscal agent for the central government) and accepts deposits (or share deposits) and lends funds from these deposits and which establishment may include these services to patrons and customers through an accessory drive-through use. Financial services shall also include establishments primarily engaged in one (1) or more of the following:

1. 

Underwriting securities issues or making markets for securities and commodities;

2. 

Acting as agents (i.e., brokers) between buyers and sellers of securities and commodities;

3. 

Providing securities and commodity exchange services; and

4. 

Providing other services, such as managing portfolios of assets, providing investment advice and trust, fiduciary and custody services. Typical uses include banks, savings associations, savings and loan institutions, investment banking, securities and brokerages, certified financial planning, accounting, auditing, bookkeeping and similar services. Financial services does not include pawn shops, businesses primarily engaged in check cashing or issuing money orders, or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property, estimated tax refunds or other such collateral (all of which are prohibited money changing/money brokering uses).

BAR OR TAVERN

An establishment or place of business primarily engaged in the preparation and retail sale of alcoholic beverages with a City and State approved liquor license for consumption on the premises. Typical uses include sports bars, cocktail lounges, nightclubs and similar uses at which less than fifty percent (50%) of the total revenue is generated by food sales.

BASEMENT

A story partly underground and having at least one-half (½) of its height below the average level of the adjoining ground.

BED AND BREAKFAST

An establishment or place of business consisting of between one (1) and twelve (12) guest rooms, occupied or used as a transient abiding place of individuals or groups of individuals who are lodged for compensation and making available services normally provided by hotels.

BODY PIERCING

The perforation of human tissue other than an ear for a non-medical purpose.

BRANDING

A permanent mark made on human tissue by burning with a hot iron or other instrument.

BUILDING

A structure having a roof supported by columns or walls.

BUILDING OR STRUCTURE, ACCESSORY

A subordinate and separate building detached from the main building, customarily incidental to and located on the same lot occupied by the main use or building. A detached garage is not considered an accessory building. See § 235.020.

[Ord. No. 1582 § 2, 12-20-2016]

BUILDING, HEIGHT OF

The vertical distance measured from the lowest elevation of the finished grade along the front of the building to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

BUILDING, MAIN

A structure for which the property is primarily used.

BUSINESS

An establishment intended for the conduct of service or administration by a commercial enterprise, or offices for the conduct of professional or business service.

BUSINESS OR VOCATIONAL SCHOOL

A specialized instructional establishment that provides on-site training of business, commercial, health care and/or trade skills such as accounting, medical/dental assistance, cosmetology, computer, drafting, design, data processing and/or repair.

CIVIC OR FRATERNAL ORGANIZATION

A membership association composed of persons who are bona fide dues paying members and to whom (and their guests) use of facilities owned or leased by the association is generally restricted. Such definition shall include buildings owned or operated by a person for a social, educational or recreational purpose but not primarily for profit and not primarily to render a service that is customarily carried on as a business. This definition shall include organizations such as the American Legion, Masonic Lodge and Veterans of Foreign War. Also see "FRATERNAL ORGANIZATIONS".

COMMERCIAL DISTRICT(S)

Any and all zoning districts except for residence districts.

CONVENIENCE STORE

An establishment or place of business (sometimes known as food marts) engaged primarily in the retail sale of a limited line of goods that generally includes milk, bread, soda and snacks, non-alcoholic beverages, packaged food, tobacco products and household convenience goods. This use shall not include automobile repair facilities or those uses allowed at an automotive repair shop or uses with fuel pumps (see "AUTOMOTIVE CONVENIENCE STORE").

CHURCHES AND PLACES OF FORMAL WORSHIP

A building or group of buildings that are used to conduct organized religious services.

DAY CARE FACILITY

A house or other place conducted or maintained by any person who advertises or holds himself/herself out as providing care for more than four (4) persons during the daytime, for compensation or otherwise, except those operated by a school system, but a child care facility shall not include any private or religious organization, elementary or secondary school, a religious organization academic preschool or kindergarten, or a home school. Terms associated with day care facilities shall be defined as follows:

1. 

Day care home. A family home occupied by the day care provider in which family-like care is given to no more than four (4) persons not related to the day care provider for any part of the twenty-four (24) hour day without overnight stays.

2. 

Day care, group. A building occupied by a day care provider that receives more than four (4) but fewer than twenty (20) persons for care for any part of a twenty-four (24) hour day without overnight stays.

3. 

Day care center. A building occupied by a day care provider that receives twenty (20) or more persons for care for any part of a twenty-four (24) hour day without overnight stays.

DECK

A flat floored platform not set into but raised above the ground or finished grade more than twelve (12) inches serving as a floor and having no roof or covering of any kind and which is usually, but not necessarily, made of wood (or some material made to resemble a wood product) and attached to a building.

DISTRICT

One (1) or more sections of the City of Warson Woods for which the regulations governing the height, area and use of buildings and premises are the same.

DRIVE-THROUGH ESTABLISHMENT

A place of business that through design, physical facilities, service or packaging procedures encourages customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. This definition shall include all curb service establishments, drive-in restaurants and drive-in cafes but does not include drive-through windows as an accessory use.

DRIVE-THROUGH WINDOW

Any portion of a building or structure from which business is transacted, or is capable thereof, directly with customers located in a motor vehicle during such business transactions.

DRIVEWAY

A roadway on private property leading to a building, parking area or use. For single-family residences, a driveway may also serve as a parking space.

DRUG STORE/PHARMACY

An establishment that primarily sells, at retail, prescription and non-prescription drugs and medicines although it may also engage in general light retail sales. Excludes grocery stores with pharmacies.

DWELLING

A room or suite of rooms within an apartment building arranged, intended or designed as a place of residence, or any building or portion thereof which is designed, built, leased, rented, let or hired to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building; or a building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, motels, rooming houses, nursing homes, travel trailers, recreational vehicles, manufactured or mobile homes. The following words or terms associated with dwelling shall have the following meanings:

1. 

Apartment. A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a family in a separate dwelling unit.

2. 

Loft dwelling. A dwelling located above the first (1st) floor of a non-residential use such as a store or office.

3. 

Multi-family dwelling. A dwelling situated on one (1) lot occupied by three (3) or more families in separate dwelling units living independently of each other.

4. 

Single-family attached dwelling (twin home or townhome). Single-family dwellings sharing a common wall but situated on separate lots designed to be occupied exclusively by separate families.

5. 

Single-family detached dwelling. A dwelling situated on one (1) lot designed to be occupied exclusively by one (1) family.

6. 

Two-family dwelling (duplex). A dwelling situated on one (1) lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.

DWELLING, SINGLE-FAMILY

A building designed for or occupied exclusively by one (1) family. Single-family dwelling or single-family residence shall include, but not be limited to, group homes and foster homes.

[Ord. No. 1566 § 1, 11-17-2015]

FAMILY

1. 

A single individual doing his/her own cooking and living upon a premises as a separate housekeeping unit; or

2. 

A collection of persons doing their own cooking and living together upon a premises as a separate housekeeping unit in a domestic relationship based on birth, marriage, adoption or employment as domestic servants; or

3. 

A group of not more than three (3) unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual agreement.

FINE OR PERFORMING ARTS STUDIO

An establishment offering instruction in the arts, including dance, art, drama and music.

FOSTER HOME

A private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.

[Ord. No. 1566 § 1, 11-17-2015]

FRONTAGE

All the property abutting on one (1) side of a street or place between two (2) intersecting streets or places (crossing or terminating) measured along the line of the street or place or, if the street or place be a dead-end street, then all the property abutting on one (1) side between an intersecting street or place and the dead-end of the street or place.

GARAGE

A building for the private, non-commercial use of the owner or occupant of a main building situated on the same lot as the main building for the storage of motor vehicles. (See Section 415.010, Subsection (4) for size limitations.)

GARAGE, PUBLIC

A garage used for the storage of self-propelled vehicles used by other than the property owners.

GREENHOUSE

A building whose roof and sides are made primarily of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or for personal enjoyment.

GROCERY STORE

Establishments with ten thousand (10,000) square feet of gross floor area or more primarily engaged in the retail sale of food or household products for home consumption. Typical uses include large grocery stores (including the sale of beer and wine in unopened containers for off premise consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment during a calendar year, and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries other than beer and wine), delicatessens, meat markets, retail bakeries and candy shops.

GROUP HOME

A permitted form of single-family residential occupancy in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

[Ord. No. 1566 § 1, 11-17-2015]

HARDWARE STORE

A retail store of less than twenty thousand (20,000) square feet selling items such as tools, paint, hardware, plumbing supplies, items designed for installation in the home and a limited selection of building materials.

HEALTH CLUB OR FITNESS CENTER

A business that provides facilities for aerobic exercises, such as running and jogging tracks, exercise equipment, game courts, gymnasium or swimming facilities.

HOME IMPROVEMENT STORE

A retail store of twenty thousand (20,000) square feet or more selling building materials, wall and floor coverings, lighting supplies, tools, paint, hardware, plumbing supplies, lawn and garden supplies, items designed for installation in the home and associated items for the home.

HOME OCCUPATION

The partial use of a single-family dwelling for commercial or non-residential uses by a resident thereof that is subordinate and incidental to the use of the dwelling for residential purposes, is carried on within the main dwelling when the occupant is working from the dwelling, is located in a residence district, does not alter or change the exterior character or appearance of the dwelling, and does not affect the residential character of the neighborhood.

INFORMATION AND DATA PROCESSING SERVICES

A use that provides electronic data processing services. These establishments may provide complete processing and preparation of reports from data supplied by customers; specialized services, such as automated data entry services; or may make data processing resources available to clients on an hourly or timesharing basis.

INSTITUTION

A building occupied by a non-profit corporation or a non-profit establishment for public use.

LANDSCAPING SERVICES

An establishment or place of business primarily engaged in the provision of landscaping, landscape maintenance and related services to firms, businesses, residences or individuals. Typical uses include mowing, planting, fertilizing, trimming or irrigation services.

LAUNDRY, DRY CLEANING OR GARMENT SERVICE

An establishment or place of business primarily engaged in the provision of laundering, dry cleaning or dyeing services.

LIQUOR STORE

An establishment or place of business primarily engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops or any licensed sales of liquor, beer or wine for off-site consumption.

LOADING AREA

An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which a loading space is located.

LOADING SPACE

A space within the main building or on the same lot providing for the standing, loading or unloading of trucks which has a minimum of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet.

LOCAL PUBLIC UTILITY

Establishments that provide utility services, such as electric power, natural gas, steam supply, water supply and sewage removal. Not included are waste management services which collect, treat and dispose of waste materials and do not directly use or operate utilities.

LOT

Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this Title, but not including any land described in or included in an easement for a street.

LOT, CORNER

A lot situated at the junction of two (2) or more streets or places.

LOT, FLAG

A lot having access to a street by means of a private driveway, access easement or parcel of land not meeting the requirements of this Chapter for lot width, but having a width dimension of at least twenty (20) feet at its narrowest point.

LOT, INTERIOR

A lot other than a corner lot.

LOT, IRREGULAR

Any lot that does not have a generally rectangular shape either due to an abnormal lot line or due to the absence of a rear lot line. Pie shaped lots shall be considered irregular lots.

LOT, THROUGH

An interior lot having frontage on two (2) parallel or approximately parallel streets or places. Also known as a "double frontage lot."

LOT AREA

The area of a horizontal plane bounded by the vertical planes through front, rear and side lot lines.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT LINE

The property boundary line of any lot. The derivations or modifications of lot line shall maintain the following definitions.

LOT LINE, FRONT

The lot line abutting a street or private drive. In the case of a corner lot, the front lot line shall normally be the lot line to which the main building on the lot is oriented; if the building is oriented towards both streets equally, the front lot line shall be the lot line with the shortest length abutting the street. In the case of a through lot (double-frontage), the front lot line shall be the lot line abutting the street that provides primary access to the lot or toward which the main building on the lot is oriented.

LOT LINE, REAR

Any lot line that is not a front lot line or a side lot line.

LOT LINE, SIDE

Any lot line that intersects the front lot line. A side lot line shall include any linked line segments or arcs that have a bearing which is within forty-five degrees (45°) of a line drawn perpendicular to the front lot line.

LOT OF RECORD

A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of St. Louis County, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder of St. Louis County.

LOT WIDTH

The horizontal distance between the side lot lines measured at the front building line.

MASSAGE THERAPY

A health care profession which involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy or podiatry is required by law, or to those occupations defined in Chapter 329, RSMo., as amended.

MASSAGE THERAPIST

A health care practitioner who provides or offers to provide massage therapy, as provided in Sections 324.240 to 324.275, RSMo., to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy and who holds a current, valid license to practice massage therapy.

MASSAGE THERAPY BUSINESS

An establishment that is licensed by the State of Missouri as a massage therapy business and that provides baths and body massages or either of them. Nothing herein contained shall apply to a licensed massage therapist or an establishment where massage therapy is practiced including an accredited college, certified to operate in Missouri by the Coordinating Board of Higher Education, from offering a massage therapy course of study in which its students and employees may give body massages as a required part of college's curriculum or State requirement, provided that the percentage of students taking the course is not more than thirty-three percent (33%) of the entire enrollment of the college.

MEDICAL AND HOSPITAL SUPPLIES AND EQUIPMENT

Establishments that wholesale medical and other healthcare materials, equipment and tools to clinics, hospitals and other facilities that treat, house or care for patients.

MEDICAL/DENTAL LAB

Laboratories that provide analytic or diagnostic services and other services such as medical imaging and forensics.

MEDICAL/DENTAL SERVICE

Establishments that provide therapeutic, preventive or corrective personal treatment services on an outpatient basis by physicians, dentists and other practitioners of the medical or healing arts and the provision of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, orthodontists, chiropractors, osteopaths and optometrists.

MEDICAL OUTPATIENT CARE FACILITY

Medical care centers or clinics that have several practitioners with different specializations practicing within the same establishment and which perform minor surgery along with the diagnosis, care and treatment of physical or mental diseases or ailments of human beings; and in which no patients are lodged overnight, but which may include a pharmacy. Many such centers also function as HMO medical centers and focus on primary health care.

MUSIC STORE

Establishments that retail musical instruments and related supplies and may also retail sheet music, offer music instruction, rent or repair instruments as accessory uses.

NON-CONFORMING USE, BUILDING OR YARD

A use, building or yard existing legally at the time of the passage of this Chapter or any amendment thereto which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.

OFFICE, GENERAL

An establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as accessory to a permitted primary use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.

OFFICE, MEDICAL

A business establishment of one (1) or more physicians, dentists or other health practitioners providing medical services in a specific area of health care, organized as a single business entity, and lawfully established for medical and dental consultation to persons on an outpatient basis.

OFFICE SUPPLY

An establishment that retails products and materials for business and office use.

OUTDOOR STORAGE

The keeping, in an unprotected, unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

PARKING LOT

Any place, lot, parcel or yard used in whole or in part for storing or parking of two (2) or more vehicles where such usage is not incident to or in conjunction with a single-family dwelling, or other usage permissible in single-family dwelling districts, and located on the same tract.

PARKING SPACE

A durably surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standard automobile and if the space is unenclosed, comprising an area of not less than three hundred (300) square feet which is suitable to parking an automobile and driveway and shall be inclusive of all driveways in the parking area but exclusive of access driveways to reach such parking area or areas.

PATIO

A level, unenclosed surfaced area, not exceeding twelve (12) inches in height, located at the finished grade that is usually directly adjacent to an attached building. Patio does not include a deck.

PAWNSHOP

An establishment or place of business primarily engaged in the sale of merchandise in which merchandise is offered as collateral for obtaining loans and wherein such merchandise is offered for sale in recompense for default of loan repayment or engaged in lending money on the security of pledged personal property on the condition that the pledged personal property may be redeemed or repurchased by the seller for a fixed amount of money within a fixed period of time.

PAYDAY LOAN ESTABLISHMENT

An establishment in the business of making unsecured loans under five hundred dollars ($500.00) and that is registered with the appropriate State agency, department or official as may be required by law.

PEDESTRIAN WAY

A right-of-way dedicated or otherwise assigned to public use that cuts across a block to facilitate pedestrian access to adjacent streets and properties.

PERFORMANCE STANDARD

A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, heat, glare or other effects generated by or inherent in the uses of land or buildings. Such standards may also establish other various criteria for land use.

PERMITTED USE

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSON

Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

PET GROOMING

A place of business primarily engaged in the cleaning, bathing, brushing and cutting of hair of household pets and where the pets are not kept overnight.

PLACE

An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

PLACE OF PUBLIC ASSEMBLY

A building used for mass assembly of people for social, cultural, educational or religious purposes. Such use may include schools(elementary and high), accessory gymnasiums, community buildings, churches, synagogues and other places of worship.

PORCH

A platform that may be screened, projecting from the wall of a building and with direct access to or from a building. Porch does not include a deck.

POST OFFICE/SHIPPING STORE

The United States Post Office or shipping packing store where no warehousing and distribution is involved.

PREMISES

An area of land with its appurtenances and buildings that, because of its unity of use, is one (1) unit of real estate.

REPAIR SERVICES, OFF-SITE

A business establishment primarily engaged in specialized repair services at the customer's premises including, but not limited to, repairs to major appliances, heating and air conditioning units, plumbing systems, electrical systems, as well as pipe and drain cleaning, tuckpointing and driveway sealing.

REPAIR SERVICES, ON-SITE

A business establishment primarily engaged in specialized repair services such as appliance repair, jewelry repair, bicycle repair, leather goods repair, lawn mower and lawn equipment repair, lock and gun repair, musical instrument repair, and radio, stereo, VCR, computer or TV repair where the repairs primarily take place at the business establishment. This use does not include "automotive repair shops".

RESIDENCE DISTRICTS

The "A" and "B" Residence Districts as described in Section 400.030 of this Code.

RESTAURANT, FAST-FOOD

Any walk-up or drive-through establishment primarily engaged in the sale of food or drink for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window, or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas or where drive-through or take-out service is an incidental service.

RESTAURANT, GENERAL

An establishment or place of business primarily engaged in the preparation of full course meals served for consumption on premise, with complete kitchen facilities for preparation of the food sold, and where alcoholic beverages may be sold in conjunction with meals, or at a bar within the restaurant, provided that more than fifty-one percent (51%) of the revenue generated at the restaurant is related to food sales. This term includes fast-food restaurants.

RESTAURANT, LIMITED

A use engaged in the preparation and retail sale of food and beverages, excluding alcoholic beverages. Typical uses include ice cream parlors and coffee shops. This term does not include uses that would be included under the definition of "fast food restaurant" or "drive-through window".

RETAIL, GENERAL LIGHT

An establishment that operates at fixed point-of-sale locations, which are designed to attract a high volume of walk-in customers, where manufactured or processed merchandise such as apparel, accessories, small wares, books, toys, clothing or shoes is purchased by the owner or operator thereof and displayed and resold as new merchandise to the general public for personal or household consumption. It does not include an establishment where food is processed, prepared or cooked for consumption and sale, any of the uses set forth under automotive services, or any other such retail use specifically permitted or prohibited.

SCREEN

An architecturally decorative wall as for enclosing, separating or cutting off from view a courtyard or patio.

SETBACK LINE OR BUILDING LINE

See "YARD REQUIREMENT(S)".

SHED

An accessory building or other construction whether permanently located on or affixed to the ground or not, designed to store property or protect from the elements or loss. An accessory storage unit shall not be considered a shed. Generally speaking, a shed is an accessory building that is one hundred fifty (150) square feet in floor area or less, and ten (10) feet in height or less. Accessory buildings that exceed these dimensions are generally considered detached garages.

[Ord. No. 1582 § 2, 12-20-2016]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

STREET

A thoroughfare which affords the principal means of access to abutting property.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof and exterior walls.

STRUCTURE

Anything constructed or erected, whether on-site or prefabricated (preassembled), the use of which requires a more or less permanent location on the ground or attached to something having a permanent location on the ground.

[Ord. No. 1582 § 2, 12-20-2016]

TATTOO

One (1) or more of the following:

1. 

An indelible mark made on the body of another person by the insertion of a pigment under the skin; or

2. 

An indelible design made on the body of another person by production of scars other than by branding.

TATTOO PARLOR

An establishment or businesses in which tattooing services are offered and performed.

TENT/POLE BARN

Any structure constructed for a temporary period of time that has a canvas or fabric roof and is supported by less than four (4) walls and is designed primarily for the sale of goods for a temporary period of time within two hundred (200) feet of public right-of-way.

THEATER

A building or premises devoted to showing motion pictures or for live dramatic or musical performances. Terms associated with theater shall be defined as follows:

1. 

Movie theater. A building primarily used for the exhibition of movies or other prerecorded productions to the general public in an indoor setting. This use category also includes cineplexes — complex structures with multiple movie theaters, each theater capable of providing performances independent of the others in the complex.

2. 

Performing arts theater. A building primarily used for the presentation of live performances of plays or music.

TITLE LOAN ESTABLISHMENT

Any person, entity or business that lends money to a borrower and in exchange retains physical possession of the State-issued certificate of title to the personal property of the borrower.

TOBACCO SHOP

An establishment or place of business primarily engaged in retail sale for consumption off the premises of tobacco and/or tobacco-related products ("tobacco products") and/or an establishment where one-half (½) or more of the net floor area is dedicated to or where one-half (½) or more of the gross receipts are derived from the sale of tobacco products.

TOWN HOUSE

See "DWELLING".

TRACT

A single unit of real property under one (1) ownership which may be platted or unplatted.

TRAILER

A portable structure supported by wheels, jacks, horses, skids or blocks without permanent foundation that is towed or hauled by another vehicle used for temporary human occupancy, to carry materials, goods or objects or use as a temporary office.

UNRELATED

Referring to persons shall mean two (2) or more people not related by blood, marriage or adoption.

USE

The purpose or activity for which the land, or structure thereon, is designed, arranged or intended or for which it is occupied or maintained.

USED CAR LOT

A lot or parcel of land on which pre-owned or used, operable vehicles, including automobiles, trailers and trucks, are displayed for sale or trade.

USED MERCHANDISE STORE

An establishment or place of business primarily engaged in the retail sale of used merchandise or secondhand goods, such as used clothes, antiques, secondhand books or rare manuscripts, or items of architectural salvage but not including used cars or other motorized vehicles.

VEHICLE, MOTOR

Any passenger vehicle, motorcycle, recreational vehicle, truck, trailer truck or semi-trailer that is propelled or drawn by mechanical power.

VETERINARIAN

An establishment or place of business primarily engaged in the medical care and treatment of animals.

VIDEO AND AUDIO RECORDING SALES AND RENTALS

A business establishment primarily engaged in the retail sale or rental or prerecorded music, movies or other audio or video programs. This excludes establishments renting or retailing any explicit sexual material or other audio or video depiction of sexual conduct as defined in Article X, Section 215.1670 of the Warson Woods Municipal Code.

WALK-UP ESTABLISHMENT

A commercial establishment not engaged in the retail sales of goods that encourages its customers or patrons to park and leave their vehicle briefly to transact business.

YARD

An open space on the same lot with a building unoccupied and unobstructed from the ground upward except as otherwise provided herein.

YARD ORNAMENTS

Statuary, arbors, trellises, pergolas, barbecue stoves, dog houses and gazebos.

YARD REQUIREMENT(S) (ALSO SOMETIMES CALLED "SETBACK(S)" OR "SETBACK REQUIREMENT(S)")

A line parallel to the respective lot line and internal to the lot that defines the required building setback as specified in the zoning district regulations. The derivations of the yard or setback line shall maintain the following definitions:

1. 

Yard, front: A yard extending across the front of the lot between the side lot lines and measured between the front lot line and a line parallel to the front of the main building extending from side lot to side lot line, and

2. 

Yard, rear: A yard extending across the full width of the lot and measured between the rear lot line and a line parallel to the rear of the main building. If there is no rear lot line, the rear yard shall extend from a line parallel to the rear of the main building to its intersection with the side lot lines and then to the intersection of the two (2) side lot lines.

3. 

Yard, side: A yard between the main building and the side lot line and extending from the front yard to the rear yard.

R.O. 2012 §400.020; CC 1988 §400.020; Ord. No. 1275 §1, 1-21-2003; Ord. No. 1295 §1, 8-19-2003; Ord. No. 1422 §1, 7-15-2008