City of Warson Woods, MO Generally

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

(a)

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

(i)

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

(ii)

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

(b)

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

(c)

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

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

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

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

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

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

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

Community buildings owned or operated by public agencies.

Public libraries.

Places of public assembly.

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

Home occupations, provided that:

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

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

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

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

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

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

Such home occupation shall be conducted entirely within the dwelling;

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

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

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

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

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

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

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

Accessory storage units.

[Ord. No. 1582 § 3, 12-20-2016]

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

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

[Ord. No. 1582 § 3, 12-20-2016]

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

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

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

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

Principal Uses.

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

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

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

Additional Use Regulations.

Vehicle Access, Driveways, And Parking Requirements.

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

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

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

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

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

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

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

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

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

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

3.7 cars per 1,000 SF of GLA

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

Commercial Uses with Over 10% of GLA in Entertainment Space

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

Commercial Uses with Restaurants

1 car per every 2 seats

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

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

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

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

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

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

Colored and patterned or scored concrete;

Concrete or asphalt unit pavers.

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

Landscape, Buffers, Screening.

General Parking Lot And Service Area Landscape Requirements.

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

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

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

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

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

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

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

(8)

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

Fig. 6 — Buffer at commercial/residential boundary

Service, Loading, And Utilities.

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

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

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

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

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

Lighting.

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

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

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

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

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

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

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

Principal Uses.

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

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

Developmental Standards.

Any use in this district shall meet the following standards:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 415.030 Height and Area Regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Failure To Complete Construction Work Within Time Limits. All exterior construction and alteration work that is in progress subject to a building permit that is not complete within the time limits set forth in Section 415.040(A) shall result in a violation of this Section, unless such time limit is extended in writing by the Building Commissioner for unavoidable delays due to acts of God, weather conditions or strikes or other labor difficulties.

[Ord. No. 1674, 1-17-2023]

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

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

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

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

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

Section 415.045 Accessory Utility Uses and Facilities — All Districts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 415.050 Non-Conforming Uses and Structures.

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

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

NON-CONFORMING FENCE

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

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

NON-CONFORMING STRUCTURE

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

NON-CONFORMING USE

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

Non-Conforming Structures, Fences.

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

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

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

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

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

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

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

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

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

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

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

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

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

A fence permit is obtained prior to replacement.

(Reserved)[1]

[1]

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

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

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

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

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

[R.O. 2012 §§245.040, 415.060; CC 1988 §275.040; Ord. No. 686 §§1 — 2, 2-16-1988; Ord. No. 1295 §2, 8-19-2003; Ord. No. 1367 §1, 7-18-2006]

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

Height.

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

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

Area.

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

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

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

Fences.

[Ord. No. 1550 §1, 3-17-2015; Ord. No. 1601, 5-15-2018]

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

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

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

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

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

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

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

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

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

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

Illustration 1.

Illustration 2.

Illustration 3.

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

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

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

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

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

[Ord. No. 1550 §1, 3-17-2015]

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

[Ord. No. 1550 §1, 3-17-2015; Ord. No. 1582 § 5, 12-20-2016]

Swimming pools.

[Ord. No. 1521 §1, 9-24-2013; Ord. No. 1601, 5-15-2018]

No family pool hereafter erected or structurally altered shall exceed a water surface area of four hundred eighty (480) square feet, and its longest dimension is not to exceed thirty (30) lineal feet.

All pools, including the peripheral walkways, decking or enclosures, shall be confined to the rear yard, except that the water's edge may extend to within twenty (20) feet of the rear and side lot lines.

No family pool shall be erected or structurally altered except that a necessitated change in the grade of the entire rear yard shall not exceed a total of forty-eight (48) inches, and not to exceed twenty-four (24) inches at a distance of six (6) feet from any property line. Said changes in grade shall occur not less than six (6) feet from the adjacent property lines, thus maintaining the original grade within six (6) feet from the property lines.

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

All provisions stated herein apply to in-ground pools only. Above-ground pools shall not be allowed.

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

Accessory Storage Units.

[Ord. No. 1582 § 5, 12-20-2016; Ord. No. 1672, 1-17-2023]

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

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

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

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

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

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

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

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

(8)

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

(9)

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

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

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

[Ord. No. 1582 § 5, 12-20-2016]

Section 415.070 Satellite Dish Antennas Regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

All structural supports and parts shall be painted and maintained.

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

Section 415.080 (Reserved) [1]

[1]

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

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

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

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

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

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

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

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

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

A completed application.

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

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

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

Photographs of surrounding environment and the project site.

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

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

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

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

Review procedure.

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

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

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

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

Denied by the Board of Aldermen.

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

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

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

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

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

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

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

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

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

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

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

Architectural design and aesthetic qualities;

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

Location, magnitude and size of garage;

Materials of construction;

Landscaping, trees, shrubs; and

Other relevant factors.

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

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

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

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

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

HVAC equipment location, screening and noise.

Lighting.