[Ord. No. 18-12, 12-11-2018]
A.
General. Every use, activity, process or operation located or occurring
within the City of Weldon Spring shall comply with the performance
standards prescribed in this Section and no such existing use, activity,
process or operation shall be hereafter altered or modified so as
to conflict with, or further conflict with, these performance standards.
In addition, every use, activity, process or operation located or
occurring within the City of Weldon Spring shall comply with all applicable
State and Federal laws and regulations. If, as of the date of adoption
of this Chapter, the operations of any lawful existing use violates
these performance standards, such operations shall not be varied or
changed in any way as to increase the degree of such violation. The
operation of any existing conforming use in violation of these performance
standards shall not in itself make such use subject to the non-conforming
use provisions of this Chapter.
B.
Toxic Matter. No use shall discharge or dump or be allowed to leach
into the ground or ground water any toxic matter in such concentrations
as to be detrimental to or endanger the public health, safety or welfare
or cause injury or damage to property or business. No use shall store
beyond its lot or site boundaries any toxic matter in such concentrations
as to be detrimental to or endanger the public health, safety, comfort
or welfare or cause injury or damage to property or business.
C.
Glare. Any operation producing glare or heat shall be performed within
a completely enclosed building in such manner as not to create a public
nuisance or hazard beyond the boundaries of the lot on which such
building is located.
D.
Noise. Sound levels and impulse type noises shall comply with the
City's noise standards.
E.
Smoke And Hazardous Material.
1.
The release of radioactive gases and particulate matter shall
not exceed the maximum allowable concentration permitted the general
population according to the applicable Federal, State and local laws
and regulations when measured at or beyond the lot line at ground
level or habitable elevation.
2.
No activity involving radiation hazards shall be permitted which
causes exposure to persons at or beyond the lot lines in excess of
the maximum allowable permitted onto the general population according
to the applicable Federal, State and local laws and regulations.
F.
Fire And Explosion Hazards.
1.
The storage or utilization of solid materials ranging from incombustible
to moderate burning is permitted.
2.
The storage or utilization of solid materials ranging from free
or active burning to intense burning is permitted provided that all
of the conditions of the Cottleville Fire Protection District and
the National Fire Protection Association are met.
3.
The storage of flammable liquids or materials which produce
flammable or explosive vapors shall only be permitted in accordance
with the following limitations.
a.
Storage of such materials shall conform to standards and regulations
of the Occupational Safety and Health Administration and the National
Fire Protection Association or its successors. Storage of flammable
liquids shall also conform to regulations of the State of Missouri
and the Cottleville Fire Protection District.
b.
In residential districts, the total of all flammable liquids
permitted on any tract of land shall not exceed one thousand (1,000)
gallons.
[Ord. No. 18-12, 12-11-2018]
A.
All Accessory Uses.
1.
Allowed. Accessory uses are allowed in every zoning district.
2.
Generally. All accessory uses shall be incidental to the principal
use; operated and maintained under the same ownership and on the same
lot or on adjoining lots under the same ownership as the principal
use or structure; and subordinate to the principal use.
B.
Home Occupations.
1.
Applicability. In residential zoning districts, home occupations shall be limited to those uses listed as permitted home occupations and which meet all of the standards contained in Section 405.215(B)(3).
2.
Permitted Home Occupations. Home occupations are permitted in
any dwelling unit subject to the following provisions. Authorized
home occupations subject to the requirements of this Article and the
respective zoning district regulations shall include the following:
a.
Artists and sculptors;
b.
Authors and composers;
c.
Child care for not more than three (3) children not related
to the occupant of the home;
d.
Dressmakers, seamstresses and tailors;
e.
Data entry and similar computer work;
f.
Home crafts, such as model making, rug weaving, lapidary work
and ceramics;
g.
Music lessons or tutoring for not more than two (2) students
at a time;
h.
Office facility of a minister, rabbi, priest or other similar
person associated with a religious organization;
i.
Office facility of salesman, sales representative or manufacturer's
representative;
j.
Telephone sales and similar telephone-related uses;
k.
The renting of not more than one (1) room for rooming or boarding
to not more than two (2) persons who are not transients, which shall
require a business license;
l.
Uses primarily conducted off site but which may require some
on-site storage of equipment within a building during non-business
hours;
m.
Similar uses which do not involve employment of more than one
(1) person other than occupants of the dwelling or any notable assembly,
processing or fabrication operations; and
n.
Other uses which clearly meet all of the requirements of Section 405.215(B)(3).
3.
Home Occupation Standards. Any proposed home occupation must
meet the following criteria:
a.
The home occupation shall be conducted within the dwelling which
is the bona fide residence of the principal practitioner or in any
building accessory thereto which is normally associated with a residential
use;
b.
No stock in trade shall be displayed or sold on the premises;
c.
No alterations to the exterior appearance of the principal residential
building or premises shall be made which changes the character thereof
as a residence;
d.
No outside display of goods or outside storage of equipment
or materials used in the home occupation shall be permitted;
e.
Not more than one (1) person other than members of the immediate
household occupying such dwelling shall be employed on the premises;
f.
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants and shall under no circumstances change the residential
character thereof;
g.
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood
and any need for parking generated by the conduct of such home occupation
shall be met off the street;
h.
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the premises. In
the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference in any radio
or television receivers off the premises;
i.
No signs accessory to such home occupation shall be displayed
except as permitted or authorized by applicable City sign regulations;
j.
A home occupation shall be subject to all applicable City occupational
and business licenses and permits; and
k.
The delivery of any materials for the home occupation shall
not exceed two (2) trips per day by any vehicle not owned by a family
member.
C.
Rural Home Occupations.
1.
Applicability. In the "AG" and "RS-3" zoning districts, rural home occupations shall include those uses listed as permitted home occupations in Section 405.215(B) and any rural home occupation use which meets all of the standards in this Section 405.215(C)(2).
2.
Rural Home Occupation Standards. Any proposed rural home occupation
must meet the following criteria:
a.
The home occupation shall be conducted within the dwelling which
is the bona fide residence of the principal practitioner or in any
building accessory thereto and such accessory building may include
a roadside stand for the sale of products grown on the premises;
b.
No alterations to the exterior appearance of the principal residential
building shall be made which changes the character thereof as a residence;
c.
Not more than two (2) persons other than members of the immediate
household occupying such dwelling shall be employed on the premises;
d.
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants and shall under no circumstances change the residential
character thereof;
e.
The traffic generated by such home occupation shall not exceed
volumes that would normally be expected in the neighborhood and any
need for parking generated by the conduct of such home occupation
shall be met off the street;
f.
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the premises. In
the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference in any radio
or television receivers off the premises; and
g.
A rural home occupation shall be subject to all applicable City
occupational and business licenses and permits.
[Ord. No. 18-12, 12-11-2018]
A.
Concealed Communications Antennae. Concealed communications antennae
may be allowed in the "AG," "SP," "HTO," "GC" and "LI" Districts based
on the following criteria:
1.
The concealed communication antennae shall be housed completely
within the main building on the site.
2.
The portion of the structure housing the concealed communication
antennae, such as a steeple or cupola, may exceed the building height
limitation.
3.
When any concealed communication antenna shall no longer be
used for its original communications purpose, the owner of such antenna
or tower or the last lessee, licensee or user thereof or the owner
of the site on which the same is located shall be obligated, jointly
and severally, at their expense to dismantle and remove promptly such
antenna or tower from its site. The licensed telecommunications user
of such antenna or tower shall provide the City with a copy of the
notice to the FCC of intent to cease operations thereon and shall
have ninety (90) days from cessation of operations to complete the
dismantling and removal of its equipment and the antenna or tower
from the site.
4.
If the antenna is not removed, the City reserves the right at
any time thereafter, and after giving thirty (30) days' written notice
to the interested parties, to enter the property and remove the antenna
or tower, to charge the costs to the last lessee, licensee or user
thereof or the owners and to place a lien in the amount of the costs
against the property of the owner of the site.
B.
Roof-Mounted Communications Antennae. Roof-mounted communications
antennae may be allowed in the "AG," "SP," "HTO," "GC," "PC" and "LI"
Districts based on the following criteria:
1.
Roof-mounted communication antennae shall be limited in height
as follows:
a.
Whip antennae shall not exceed fifteen (15) feet in height as
measured from the roof of the building.
b.
Panel antennae shall not exceed ten (10) feet in height as measured
from the roof of the building.
c.
Any other type of antennae shall not exceed five (5) feet in
height as measured from the roof of the building.
2.
The design of the communication antennae shall maximize use
of building materials, colors, textures and screening that effectively
blend the communication antennae with the surrounding built environment.
3.
A site plan, conforming to the requirements of Section 405.240, shall be submitted with the application and shall include the following additional information:
4.
Roof-mounted communication antennae shall not be installed on
residential buildings or on buildings located on lots used for residential
purposes.
5.
When any communication antenna shall no longer be used for its
original communications purpose, the owner of such antenna or the
last lessee, licensee or user thereof or the owner of the site on
which the same is located shall be obligated, jointly and severally,
at their expense to dismantle and remove promptly such antenna or
tower from its site. The licensed telecommunications user of such
antenna or tower shall provide the City with a copy of the notice
to the FCC of intent to cease operations thereon and shall have ninety
(90) days from cessation of operations to complete the dismantling
and removal of its equipment and the antenna or tower from the site.
6.
If the antenna or tower is not removed, the City reserves the
right at any time thereafter, and after giving thirty (30) days' written
notice to the interested parties, to enter the property and remove
the antenna or tower, to charge the costs to the last lessee, licensee
or user thereof or the owners and to place a lien in the amount of
the costs against the property of the owner of the site.
C.
Stealth Communications Towers And Antennae. Stealth communications
towers and antennae may be allowed in the "AG," "SP," "HTO," "GC"
and "LI" Districts based on the following criteria:
1.
A stealth communication tower shall not exceed eighty (80) feet
in height.
2.
The stealth communication tower shall be set back from all property
lines a minimum of one (1) foot for every foot of tower height. No
stealth communication tower shall be located within one hundred fifty
(150) feet of any residential building.
3.
Stealth communication towers shall be a monopole or similar
design that does not require the use of guy wires.
4.
The design of the tower shall maximize use of building materials,
colors, textures, screening and landscaping that effectively blend
the tower facilities with the surrounding natural setting and built
environment and conceal communication antennae and other equipment.
5.
All accessory uses shall be subject to setback requirements
generally applicable to principal uses in the district and no accessory
building or structure shall exceed ten (10) feet in height. Any equipment
shelter structures or buildings, fencing and similar structures or
improvements constituting accessory uses shall be located on the same
parcel of land occupied by the stealth communication tower and suitably
screened.
6.
The site plan, conforming to the requirements of Section 405.240, for the stealth communication tower shall include the following additional information:
a.
Exact location of the tower;
b.
Proposed type, number and location of antennae or other transmission
equipment to be located on the tower;
c.
Location of any adjoining residential districts or buildings
used for residential purposes;
d.
A rendering of the stealth tower or a picture of a similar existing
stealth communication tower.
7.
No advertising signs or lights shall be allowed on the stealth
communication tower.
8.
No outdoor storage shall be allowed on the site containing the
stealth communication tower.
9.
A stealth communication tower shall not exceed the height of
any surrounding trees by more than five (5) feet.
10.
When any stealth communication tower shall no longer be used
for its original communications purpose, the owner of such antenna
or tower or the last lessee, licensee or user thereof or the owner
of the site on which the same is located shall be obligated, jointly
and severally, at their expense to dismantle and remove promptly such
antenna or tower from its site. The licensed telecommunications user
of such antenna or tower shall provide the City with a copy of the
notice to the FCC of intent to cease operations thereon and shall
have ninety (90) days from cessation of operations to complete the
dismantling and removal of its equipment and the antenna or tower
from the site.
11.
If the antenna or tower is not removed, the City reserves the
right at any time thereafter, and after giving thirty (30) days' written
notice to the interested parties, to enter the property and remove
the antenna or tower, to charge the costs to the last lessee, licensee
or user thereof or the owners and to place a lien in the amount of
the costs against the property of the owner of the site.
D.
Utility Pole-Mounted Antennae. Utility pole-mounted antennae may
be allowed in the "AG," "SP," "HTO," "GC" and "LI" Districts based
on the following criteria:
1.
Communication antennae on utility poles may exceed the height
limitation provided that no equipment shall exceed fifteen (15) feet
in height as measured from the top of the utility pole and a total
height of seventy (70) feet above the ground.
2.
The design of any communication antenna and equipment shall
maximize use of building materials, colors, textures, screening and
landscaping that effectively blend the communication antenna facilities
with the surrounding natural setting and built environment.
3.
The site plan, conforming to the requirements of Section 405.240, for the communication antennae shall include the following additional information:
4.
The antennae shall consist of a single whip antenna not exceeding
fifteen (15) feet in height/length or a canister containing one (1)
or more antennae that does not exceed fifteen (15) feet in height/length
or eighteen (18) inches in diameter or an antenna that is in the shape
of a rectangle or similar shape and not more than one (1) cubic foot
in size.
5.
No separate on-site support building is necessary for operation
of the communication antenna.
6.
Other equipment necessary for the operation of the communication
antenna is relatively small and can be mounted on or within the alternative
support structure.
7.
The communication antennae shall not extend more than fifteen
(15) feet above the highest power line.
[Ord. No. 18-12, 12-11-2018]
A.
Cemeteries. Cemeteries may be allowed in the "AG" zoning district
based on the following criteria:
1.
Shall be located on parcels of at least twenty (20) acres.
2.
The use of the site shall be limited to cremation and final
interment of bodies or ashes in the ground, in columbariums, in mausoleums
or similar facilities and the customary accessory uses to support
a cemetery. No funeral homes or similar uses shall be allowed.
3.
Other additional reasonable requirements designed to protect
the safety and general welfare of adjoining landowners and other residents
of the City.
4.
No building in a cemetery shall exceed twenty (20) feet in height.
B.
Communication Towers. Communication towers may be allowed in the
"AG," "SP," "HTO," "GC" and "LI" Districts based on the following
criteria:
1.
The height of the tower shall not exceed two hundred fifty (250)
feet in the "AG" District or one hundred fifty (150) feet in any other
district.
2.
The tower shall be set back from property lines a minimum of
one (1) foot for every foot of tower height. No communication tower
shall be located within five hundred (500) feet of any residential
building.
3.
Owners and operators of every communication tower approved after
the effective date of this Chapter may be required to provide for
the collocation of other communications providers on their tower for
reasonable compensation if their tower exceeds sixty (60) feet in
height.
4.
Prior to approval of a communication tower by the Board of Aldermen,
the applicant shall document their efforts to locate their antenna
on an existing communication tower or other structure within the City
or in close proximity to the City. Such documentation shall also indicate
why collocation on any existing tower is not feasible.
5.
The design of the tower shall maximize the use of building materials,
colors, textures, screening and landscaping that effectively blend
the tower facilities with the surrounding natural setting and built
environment.
6.
All accessory uses and any guy wire anchors shall be subject
to height and setback requirements generally applicable to principal
uses in the district. All guy wire anchor locations, equipment shelter
structures or buildings, fencing and similar structures or improvements
constituting accessory uses shall be located on the same parcel of
land occupied by the communication tower.
7.
The site plan, conforming to the requirements of Section 405.240, for the communication tower shall include the following additional information:
8.
No advertising signs shall be allowed on the communication tower.
9.
No outdoor storage shall be allowed on the site containing the
communication tower.
10.
The site containing the communication tower shall be surrounded
by a sight proof fence or evergreen plant material of at least six
(6) feet in height.
11.
When any communication tower shall no longer be used for its
original communications purpose, the owner of such antenna or tower
or the last lessee, licensee or user thereof or the owner of the site
on which the same is located shall be obligated, jointly and severally,
at their expense to dismantle and remove promptly such antenna or
tower from its site. The licensed telecommunications user of such
antenna or tower shall provide the City with a copy of the notice
to the FCC of intent to cease operations thereon and shall have ninety
(90) days from cessation of operations to complete the dismantling
and removal of its equipment and the antenna or tower from the site.
12.
If the antenna or tower is not removed, the City reserves the
right at any time thereafter, and after giving thirty (30) days' written
notice to the interested parties, to enter the property and remove
the antenna or tower, to charge the costs to the last lessee, licensee
or user thereof or the owners and to place a lien in the amount of
the costs against the property of the owner of the site.
13.
Additional reasonable requirements designed to protect the safety
and general welfare of adjoining landowners and other residents of
the City.
C.
Private Elementary And Secondary Schools. Private elementary and
secondary schools may be allowed in the "AG," "RS-3," "RS-2," "RS-1"
and "SP" zoning districts based on the following criteria:
1.
Shall be located on lots of not less than five (5) acres and
there shall be a minimum of one (1) acre on the site per fifty (50)
students to be enrolled;
2.
Athletic fields shall be separated from adjacent residentially
zoned land by a minimum six (6) foot high opaque screen of berms,
evergreen plant material, fences or a combination thereof;
3.
Lights for major outdoor recreation and entertainment facilities
shall require special review and approval and shall comply with all
requirements of the City's lighting ordinance;
4.
The maximum enrollment of any private school in the City shall
not exceed seven hundred (700) students.
5.
Other additional reasonable requirements designed to protect
the safety and general welfare of adjoining landowners and other residents
of the City.
D.
Child Day Care Services. Child day care services may be allowed in
the "AG" and "RS-3" zoning districts based on the following criteria:
1.
The site shall be located on a paved street with sufficient
width to accommodate vehicular traffic generated by the use.
2.
Passenger loading and unloading facilities shall be provided
on the site and such facilities shall be designed to preclude any
back-up movements to enter or exit the site.
3.
All buildings and play areas shall be set back at least fifty
(50) feet from all property lines.
4.
Operating hours shall be as determined by the Board of Aldermen
based on neighborhood conditions.
5.
Other additional reasonable requirements designed to protect
the safety and general welfare of adjoining landowners and other residents
of the City.
E.
Nursing and residential care facilities may be allowed in the "PR"
and "PC" zoning districts based on the following criteria:
[Ord. No. 21-10, 10-12-2021]
1.
Shall be on a site of at least five (5) acres.
2.
The density of development (for apartment-type units) within
a nursing and residential care facility shall not exceed fifteen (15)
dwelling units per acre. Living units with cooking facilities shall
count as one (1) dwelling unit and living units without cooking facilities
shall count as two-thirds (2/3) of a dwelling unit for purposes of
calculating the density of development.
3.
Nursing and residential care facilities shall be primarily residential
in character; however, for assisted living, congregate care, residential
care, and skilled nursing facilities, centralized eating facilities
for residents of the facility, medical facilities and similar uses
associated with the long- or short-term care of patients may be included.
4.
An accessible elevator is required for structures with two (2)
or more floors.
5.
In compliance with other additional reasonable requirements
designed to protect the safety and general welfare of adjoining landowners
and other residents of the City.
F.
Gasoline Service Stations. Gasoline service stations or any other
facility selling gasoline and/or similar motor fuels may be allowed
in the "GC" zoning district based on the following criteria:
1.
Site Size. Service station sites shall contain a minimum area
of forty thousand (40,000) square feet and a minimum lot frontage
of one hundred fifty (150) feet.
2.
Setbacks. All buildings shall be set back at least fifty (50)
feet from the street right-of-way line and at least twenty (20) feet
from any other property line unless a greater setback is required
by other provisions of this Chapter. Canopies may be erected to within
twenty (20) feet of a property line or street right-of-way line to
protect automobiles positioned for service at pump islands.
3.
Major Repairs Prohibited. Major engine or transmission dismantling,
body and fender work, top and upholstery work shall not be permitted
on the premises.
4.
Trailer And Equipment Rental Prohibited. Trailer and equipment
rentals shall not be permitted to operate on the premises of a service
station.
5.
Used Car Sales Prohibited. No service station shall be allowed
to operate a used car sales lot as an accessory use.
6.
Car Wash Facilities Restricted. Car wash facilities may be allowed
if specifically spelled out in the conditional use permit. Such facilities
shall be located and operated so as to minimize their impact (in terms
of noise, drainage onto streets, car lights and unsightliness) on
any abutting residential properties.
7.
Landscaping And Buffering. A landscaped buffer at least twenty (20) feet in width shall be provided along the length of all property lines including along all frontage on street rights-of-way except where broken for entranceways. Landscaping shall be in accordance with Section 405.250(E).
8.
Other additional reasonable requirements designed to protect
the safety and general welfare of adjoining landowners and other residents
of the City.
