City of Wildwood, MO Chapter 415 Zoning Regulations

Section 415.010 Short Title.

[R.O. 1997 § 415.010; Ord. No. 1324 App. A § 1003.010, 8-14-2006]

This Chapter shall be known and may be cited as "The Zoning Ordinance of Wildwood, Missouri."

Section 415.020 Purpose.

[R.O. 1997 § 415.020; Ord. No. 1324 App. A § 1003.011, 8-14-2006]

This Chapter is adopted to promote the health, safety, morals, comfort and general welfare; to secure economic and coordinated land use; to facilitate the adequate provision of public improvements; to protect the natural environment of the community and its unique assets of trees, watercourses and floodplains and topography; and to prevent or minimize damage to public and private property from erosion and other detrimental effects of development.

Section 415.030 Definitions.

[R.O. 1997 § 415.030; Ord. No. 1324 App. A § 1003.020, 8-14-2006; Ord. No. 1528 § 1, 7-14-2008; Ord. No. 1550 § 1, 9-8-2008; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012]

A. For the purpose of this Chapter, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specified meaning.

B. Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not permissive.

C. The following words and phrases are defined:

ACCESSORY BUILDING

Any building, the use of which is incidental to the principal use of another structure on the same premises.

ACCESSORY DWELLING

An accessory building to a single-family dwelling, which may include accessory cooking and sanitary facilities and that is occupied as a dwelling unit by not more than two (2) persons who are related by birth, marriage or adoption to the inhabitants of the principal dwelling and which is part of a single housekeeping unit with the inhabitants of the principal dwelling.

ACCESSORY STRUCTURE

Any structure, the use of which is incidental to the principal use of another structure on the same premises.

ACCESSORY USE

A use incidental and subordinate to the principal use of the premises.

AGRICULTURAL OPERATION

Any farm used in the production or processing for commercial or similar purposes of agricultural products.

[Ord. No. 2264, 5-22-2017]

AGRICULTURAL PRODUCTS

Products which are propagated, grown and/or harvested in the City, including, but not limited to, crops, bees, honey, fish or other aquacultural product, livestock, a livestock product, a forestry product, and poultry or a poultry product, either in its natural or processed state.

[Ord. No. 2264, 5-22-2017]

AGL (ABOVE GROUND LEVEL)

Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement. The height of all wireless support structures and disguised support structures shall be measured AGL.

[Ord. No. 2417, 12-10-2018]

AIRPORT

An area of land or water that is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any.

APARTMENT

A room or suite of rooms within a building, provided with separate cooking facilities and intended as a single dwelling unit.

AQUACULTURE

The controlled propagation, growth and harvest of fish, shellfish or other aquatic organisms for commercial purposes.

[Ord. No. 2264, 5-22-2017]

ATRIUM

An open public area within a building established principally for aesthetic purposes.

AUTOMOBILE (AUTOMOTIVE)

As used herein, the term includes passenger cars, motorcycles, vans, pickup trucks and recreational vehicles.

AWNING or CANOPY

A structure partially or entirely supported by or attached to a wall and, which is covered by canvas, cloth, plastic or other similar temporary material, used as a protective cover for a door entrance, window or outdoor service area.

AWNING/CANOPY SIGNS

A sign painted on, printed on or otherwise affixed to the surface of an awning, canopy or similar structural protective cover over a door entrance, window or outdoor service area.

BALLOON

Any non-porous bag of light material filled with heated air, inflatable with continuous airflow or a gas lighter than air that may rise and float in the atmosphere.

BANK

An office building or portion thereof which provides for the custody, loan, exchange or issue of money, the extension of credit or facilitating the transmission of funds and which may include accessory drive-up units on the same premises.

BASE FLOOD

The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASEMENT

A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building.

BUILDING

A structure that is affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof and is designed or intended for use as a shelter.

CEMETERY

A place for burial of the dead, including crematory facilities as an accessory use.

CHILD-CARE CENTER

Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty-four (24) hour day.

CHURCH

A church, synagogue, temple, mosque or other facility that has a primary use of religious worship.

CLUB

A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public.

COMMERCIAL VEHICLE

Any licensed or unlicensed vehicle maintained, used and intended primarily for the purpose of transporting property for financial gain or displaying any type of signage or advertisement for a general or specific type of commercial activity. A tow truck, stake-bed truck, flat-bed truck, step van, refuse or garbage truck, bus, plow or special purpose vehicle in excess of ten (10) feet in total length, and any attachments thereof, are considered to be commercial vehicles, which includes any equipment designed to dig, move, cut, bore or alter dirt, rock and/or concrete, or tracked vehicle.

1. All such commercial vehicles must be parked or stored in an enclosed structure that screens it from view in all compass directions, except in an emergency, when such vehicles and attachments are being used for approved work at the property or as permitted by the lot's underlying zoning district designation. In addition, no commercial vehicles shall be parked, kept or stored on any roadway or highway in a residential district between the hours of 12:00 Midnight and 6:00 A.M. of any day, except in emergency situations relating to the public's health, safety and welfare, including repairs and maintenance to property, structures and buildings caused by natural disasters and other similar circumstances that may be or are beyond the property owner's control.

2. This definition (and related requirements) does not apply to any type of vehicle that is maintained, used and intended to support any permitted, conditional or accessory use, including authorized home occupations, within a respective zoning district designation, where the principal dwelling or building is located upon the lot, as well as any existing legal non-conforming activity, with commercial vehicles, unless otherwise governed by Section 415.460, Non-Conforming Uses, Lands and Structures, of the City of Wildwood Zoning Ordinance or as existing prior to 1982 as well.

3. Determinations relating to the definition of commercial vehicles, which for life/safety situations are sought, shall be made before the City's Board of Adjustment and follow all requirements of its processes as set forth in Chapter 400, Article II of the City of Wildwood Municipal Code.[1]

COMMUNITY CENTER

A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational or educational needs of the community or neighborhood.

CONTINUOUS SOUND

A sound, as defined in Section 217.020 of the City Code of the City of Wildwood, emitted by one (1) or more pieces of machinery or equipment for more than sixty (60) consecutive minutes, unless such machinery or equipment is used during planting or harvesting crops.

[Ord. No. 2264, 5-22-2017]

CONVENIENCE STORE

A retail establishment having a gross floor area of five thousand (5,000) square feet or less primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets.

DEER FENCE

A structure of not more than eight (8) feet in height constructed of stable metal wire, polypropylene netting, taut wires, or woven wire mesh erected to allow light and air for the proper growth of gardens or other plant life for the purpose of protecting gardens, landscaping, compost plots, sensitive lands, crops, or other plant life from animals, such as deer and rabbits.

[Ord. No. 2741, 11-14-2022]

DEVELOPMENT

The act of changing and the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, structures on the land and alterations to the land.

DHSS

The Missouri Department of Health and Senior Services, or its successor agency.

[Ord. No. 2499, 9-23-2019]

DISGUISED SUPPORT STRUCTURE

Shall have the same meaning as under Section 430.030 of this Code.

[Ord. No. 2417, 12-10-2018]

DISTRICT

A part or parts of the unincorporated area of City of Wildwood for which this Chapter establishes regulations governing the development and use of land therein.

DOMESTIC ANIMAL

Any domesticated animal, such as cattle, horses, llamas, goats, sheep, fowl or hogs, which is authorized as part of a permitted farming or related agricultural activity within the subject zoning district designation where the property is located.

DORMITORY

A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.

DWELLING

Any building or portion thereof used exclusively for human habitation, except hotels, motels or house trailers.

DWELLING, MULTIPLE-FAMILY

A building or portion thereof designed for or occupied exclusively by three (3) or more families.

DWELLING, SINGLE-FAMILY

A building designed for or occupied exclusively by one (1) family, excluding earth sheltered dwellings; provided, however, notwithstanding any other provision of this Code to the contrary, for purposes of this Chapter a group home shall be included within the definition of a single-family dwelling. The presence of an accessory dwelling on the same lot shall not change the classification of the principal dwelling as a single-family dwelling.

[Ord. No. 2213 § 1, 10-10-2016]

DWELLING, SINGLE-FAMILY ATTACHED

Two (2) or more single-family dwellings sharing common wall areas, each on its own individual lot.

DWELLING, SINGLE-FAMILY EARTH SHELTERED

A single-family dwelling having one-half (1/2) or more of its clear height below the average finished grade of the adjoining ground and in some cases having its floor at the approximate level of some other exterior grade on one (1) or more sides.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two (2) families.

DWELLING UNIT

A room or group of rooms located within a dwelling forming a habitable unit for one (1) family.

FAMILY

An individual or two (2) or more persons, excluding servants, who are related by blood, marriage or adoption or a group of not more than three (3) persons who need not be related by blood, marriage or adoption occupying a single dwelling unit or in combination with an accessory dwelling, living together and subsisting in common as a single non-profit housekeeping unit. This definition shall not exclude groups of three (3) or more persons who are required by State or Federal law to be treated as a family for residential zoning purposes. This definition expressly excludes any other group of two (2) or more persons where meals or lodging are made available in exchange for payment or other consideration.

FARM

A parcel of land used for growing or raising agricultural products, including related structures thereon.

FAST-FOOD RESTAURANT

Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings for consumption either within the restaurant building or for carry-out and where either:

1. Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or

2. The establishment includes a drive-up or drive-through service facility or offers curb service.

FENCE

A structure, partition, or barrier erected to serve as a means of providing protection, screening, shade, or privacy, while controlling access. Shrubs, hedges, trees, and other plant material shall not be considered a fence.

[Ord. No. 2741, 11-14-2022]

FENCE, SIGHTPROOF

A fence with an opaque value of ninety percent (90%) or greater. Such structure shall not include a chain link fence in combination with slat or lattice materials.

FILLING STATION (SERVICE STATION)

Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

FLAG

Any fabric or bunting containing distinctive colors, patterns or symbols used to identify a governmental, political or private entity.

FLOODPLAIN

That area within the City of Wildwood subject to a one percent (1%) or greater chance of flooding in any given year and such area as determined by the Director of Public Works. This area shall be designated "FP" on the City of Wildwood Zoning Map.

FLOODWAY

The area designated as floodway on the City of Wildwood Zoning Map. It is derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

FLOOR AREA, GROSS

The sum of the gross horizontal area of all floors of a building, including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first floor area, rooftop mechanical equipment enclosures and the enclosed mall areas of shopping centers.

FOSTER HOME FOR HANDICAPPED CHILDREN

An institution providing sleeping and living accommodations for the full-time care, training, recreation and convalescent needs of five (5) or more physically or mentally handicapped minors.

FRONTAGE

That edge of a lot bordering a street.

GOLF COURSE

An area or course for playing golf consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated.

GOLF, MINIATURE

A commercial recreation facility, resembling golf, containing short "holes," the majority of which are under three hundred (300) feet in length and primarily utilizing putting irons.

GRAVESTONE

A stone above ground used for a single burial space.

[Ord. No. 2553, 4-27-2020]

GROUP HOME

Any home in which eight (8) or fewer persons with disabilities reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the persons with disabilities residing in the home.

[Ord. No. 2213 § 1, 10-10-2016]

GROUP HOME FOR THE ELDERLY

A facility providing twenty-four (24) consecutive hour care for at least three (3) but not more than nine (9) persons who by reason of aging require services furnished by a facility that provides shelter, board, storage and distribution of medicines and protective oversight, including care during short-term illness or recuperation. The care and supervision during the day of five (5) persons needing care other than those residing on the premises shall be considered and shall be authorized as for a group home for the elderly.

GROUP HOUSING (GROUP-HOUSE ARRANGEMENT)

Any combination of dwelling units comprised of two (2) or more residential buildings designed as a functional unit on and with the specific parcel of land on which they are to be erected.

GROUP LIVING FACILITY (DORMITORY)

A dwelling containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an educational, religious, charitable or service institution.

GUEST ROOM

Any room or unit within where sleeping accommodations are regularly furnished to the public.

[Ord. No. 2718, 8-8-2022]

GYMNASIUM

A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

HELIPORT

A facility for the servicing, takeoff and landing of helicopters, which is open to public use.

HIGH HAZARD WATER FEATURE

Any impoundment of water that presents or causes, by its construction, retention, or existence, a risk to one (1) human life, if it were to fail, break, or otherwise collapse, thereby releasing runoff onto adjoining and adjacent parcels of ground. High hazard water features are prohibited in the City of Wildwood.

HOME IMPROVEMENT CENTER

A retail store of at least twenty thousand (20,000) square feet selling only building materials, floor and wall coverings, items designed for installation in the home and associated tools.

HOME OCCUPATION

A domestic activity carried on by members of a family residing on the premises, but excluding beauty shops, barbershops, music schools, convalescent or nursing homes, tourist homes, massage or other establishments offering services to the general public and providing that there are no signs nor any display that will indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than that of a dwelling; providing, also, that there is no stock in trade or commodity sold upon the premises, no person is employed other than a member of the family residing on the premises and no mechanical equipment is used except such as is customary for purely domestic or household purposes. The keeping of not more than one (1) permanent roomer or boarder for compensation shall be considered a permitted home occupation. The care and supervision of not more than four (4) children or other persons needing care other than those residing on the premises shall be considered a permitted home occupation.

[Ord. No. 2718, 8-8-2022]

HOSPICE

Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith.

HOSPITAL

An institution providing medical and surgical care for humans only, for both in- and out-patients, including medical service, training and research facilities.

HOTEL

A building in which lodging is provided to the public usually on a transient basis.

HOTEL, MOTOR (MOTEL)

A roadside hotel for motorists.

HOUSEKEEPING UNIT

A group of people occupying a single dwelling unit or in combination with an accessory dwelling, in which all portions of the interior of the principal dwelling are accessible to and from the all other portions, with one (1) set of utility connections and common living space and who share cooking and sanitary facilities, as distinguished from a group occupying a boarding house, hotel, motel or club.

HOUSE TRAILER (MOBILE HOME)

A self-contained mobile structure intended to be used for dwelling purposes which has been or reasonably may be equipped with wheels or other devices for transporting said structure.

HOUSE TRAILER PARK

An area designed or intended to be used as a site for occupied house trailers.

INTERMITTENT LIGHTING

A method of lighting, such as for signs, where artificial or reflected light is not maintained stationary or constant in intensity or color.

JUNKYARD

A parcel of land on which waste material or inoperative vehicles and other machinery is collected, stored, salvaged or sold.

KENNEL

The use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both or the keeping of four (4) or more dogs over four (4) months of age or keeping six (6) or more cats over four (4) months of age or the keeping of more than five (5) dogs and cats. The word "selling," as herein used, shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.

LANDING STRIP

A facility for takeoff and landing of aircraft with or without services available for aircraft, which is operated for private use.

LARGE LOT ROADWAY EASEMENT

A private thoroughfare which provides a means of access to lots within a large lot subdivision.

LARGE WATER FEATURE

An impoundment of water that exceeds one (1) acre or more in size, while also including lesser-sized areas located in the main channel of a named watershed located in the City of Wildwood. No large water feature shall be allowed to be filled by ground water resources associated with any public or private well.

LOADING SPACE

A durably dustproofed, properly graded for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

LOT

A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

LOT, CORNER

A platted parcel of land abutting two (2) road rights-of-way at their intersection.

LOT (PARCEL) OF RECORD

A lot which is part of a subdivision, the plat of which has been legally approved and recorded in the office of the Recorder of Deeds of St. Louis County or a parcel of land which was legally approved and the deed recorded in the office of the Recorder of Deeds.

MAIN CHANNEL

The deepest portion of a stream, creek, bay, or strait though which the main volume or current of water flows along a downhill gradient.

MALL

An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians with trees, benches or other furnishings provided and with vehicular access prohibited, restricted or reduced so as to emphasize pedestrian use.

MARIJUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a cropwide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry-weight basis, or commodities or products manufactured from industrial hemp.

[Ord. No. 2499, 9-23-2019]

MARIJUANA-INFUSED PRODUCTS

Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

[Ord. No. 2499, 9-23-2019]

MATERIAL IMPROVEMENT

1. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred.

2. For the purpose of this definition, "material improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

a. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by DHSS to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

[Ord. No. 2499, 9-23-2019]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by DHSS to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

[Ord. No. 2499, 9-23-2019]

MEDICAL MARIJUANA FACILITY

A medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility.

[Ord. No. 2499, 9-23-2019]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by DHSS to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 2499, 9-23-2019]

MEDICAL MARIJUANA TESTING FACILITY

A facility certified by DHSS to acquire, test, certify, and transport marijuana.

[Ord. No. 2499, 9-23-2019]

MEDICAL OR DENTAL OFFICE (CLINIC)

A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including in-patient or overnight care or operating rooms for major surgery.

MODULAR UNIT

A prefabricated building, which arrives at its building site virtually complete, requiring only site preparation and assembly of major components, including installation on a permanent foundation.

MULTIPLE-FAMILY ACCESS EASEMENT

A private thoroughfare which provides a means of access to parking areas and bays and to abutting buildings which are developed solely or principally as multiple-family dwellings.

NATURAL AREA

An area that is substantially undisturbed by development.

NON-CONFORMING LAND USE OR STRUCTURE

A land use or structure which existed lawfully on the date that this Chapter or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations in this Chapter or amendment thereto, except minimum lot area, yard and setback requirements.

NURSERY, DAY

A building used for the supervision and care of five (5) or more preschool children, other than those of the operator, during daylight hours.

NURSERY SCHOOL

A pre-kindergarten school for children primarily between the ages of three (3) and five (5).

NURSING HOME

A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OPEN STORAGE

Storage of material or goods on the ground outside of a building.

OUTDOOR GAME COURT (SPORT COURT)

A hardscape or other surface utilized in connection with a flat game court structure for play that is somewhat removed from the single-family dwelling located on the lot, so as not to be considered a driveway or patio, given said must meet all applicable setback requirements of the property's underlying zoning district designation. This definition is to specifically include, but not be limited to, game courts, tennis courts, hockey rinks, batting cages, racquetball/handball courts, and other similar facilities. These court areas may or may not include a combination of fencing, netting, or boards for the purposes of their use.

PARCEL (TRACT) OF LAND

A separately designated area of land delineated by identifiable legally recorded boundary lines.

PARK

An area open to the general public and reserved for recreational, educational or scenic purposes.

PARKING AREA

An area of land used or intended for off-street parking facilities for motor vehicles.

PARKING SPACE

A durably dustproofed, properly graded for drainage, usable space, enclosed in a main building or in an accessory building or unenclosed, reserved for the temporary storage of one (1) vehicle and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

PARKWAY

A road or roadway intended to be used primarily for passenger vehicles and developed with a park-like or scenic character with recreational uses.

PAVE (PAVEMENT)

The act or result of applying a hard, watertight material to any ground surface in such manner as to present a uniform surface over large areas.

PERMANENT ROOMER OR BOARDER

Any person who rents and occupies a guest room within a dwelling or accessory dwelling for a period of thirty-one (31) or more consecutive calendar days.

[Ord. No. 2718, 8-8-2022]

PERSON WITH A DISABILITY or DISABLED PERSON

Any person who is "handicapped" within the meaning of 42 U.S.C. § 3602(h) or a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12131(2), as may be amended from time to time.

[Ord. No. 2213 § 1, 10-10-2016]

PLANT NURSERY

A farm, garden or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation.

PLAT

A subdivision of land legally approved and recorded.

PROPERTY LINE

The legally recorded boundary of a lot, tract or other parcel of land.

PUBLIC UTILITY FACILITY

Facilities of any entity holding a certificate of convenience from the Missouri Public Service Commission or other entity providing utility type services to the general public, but excluding utility poles, ground-mounted boxes and other facilities necessary for local utility service to the adjoining properties, provided that such facilities are:

1. Ordinarily found within the neighborhood;

2. Compatible in design, size and location; and

3. Do not exceed the structure heights of the zoning district in which they are placed and do not consume more than thirty-six (36) square feet in surface area. (Such exempted items shall be exempt from setback requirements but shall still be structures.)

PUBLIC UTILITY FACILITY, LOCAL

A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.

RESIDENCE

Any building which is designed or used exclusively for residential purposes, except hotels and motels.

RESTAURANT

1. An establishment or any portion thereof whose business includes the sale of food, frozen desserts or beverages in a ready-to-consume state for:

a. Consumption on the premises;

b. Carry-out;

c. Delivery or any combination thereof.

2. The interior space of such an establishment can be used for the preparation of food, as a serving area, seating/consumption area or any and all combinations thereof.

RETREAT

A building or group of buildings with designated open areas utilized and maintained for educational conclaves, seminars and similar activities by particular educational, fraternal or other groups.

RIDING STABLE

A building and designated site intended or used as a shelter for horses or ponies, which provides for commercial boarding, hire, sale or training of such animals.

ROADWAY

The entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved.

ROADWAY RIGHT-OF-WAY LINE

The boundary which divides a lot from a public or private roadway.

ROW HOUSE

Three (3) or more attached single-family dwellings each on its own plot of ground, but not necessarily on individual lots.

SALVAGE YARD

An area for the dismantling, storage and sale of inoperative, obsolete or wrecked motor vehicles, trailers and their parts.

SELF-CARE UNIT

A nursing facility located on the same premises as a full-care nursing home and providing semi-independent apartment style living accommodations for residents including separate cooking facilities for each living unit or cluster of living units.

SEMI-FINISHED MATERIAL

Material which has gone through one (1) or more stages of processing.

SETBACK (BUILDING LINE)

The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Chapter.

SHORT-TERM RENTAL

Any dwelling unit or other room or unit within a dwelling or accessory dwelling, or any portion or portions thereof, where sleeping accommodations are regularly furnished to the public, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire, lease, or rent, or any combination or combinations thereof, which can be construed to be a bed and breakfast, tourist home, vacation home, vacation rental, rental home, rental room, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire, lease or rent, or any combination or combinations thereof, as short-term rentals for transient guests, except hotels or motels.

[Ord. No. 2718, 8-8-2022]

SIGHT DISTANCE TRIANGLE

The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

SIGN

A name, identification, display or illustration, which is affixed to or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place activity, person, institution, organization or business. Signs located completely within an enclosed building, and not exposed to view from a street shall not be considered a sign. Each display surface of a sign or sign face shall be considered a sign.

[Ord. No. 2009 §§ 1 — 2, 4, 8-28-2014; Ord. No. 2553, 4-27-2020]

SIGN, ADVERTISING

A sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, non-commercial activity or other activity not conducted, sold or offered on the same premises upon which the sign is erected.

SIGN, BUSINESS

Any sign that contains text and/or graphics designed proposing or promoting a commercial transaction or directing attention to a business, commodity or service.

[Ord. No. 2553, 4-27-2020]

SIGN, DIRECTIONAL

A sign identifying entrances, exits, aisles, ramps and similar traffic-related information.

SIGN, FLAT

Any sign painted on or attached to and erected parallel to the face of a window, wall of a building or a boundary wall or fence and supported solely by the structure to which it is affixed and not extending more than twelve (12) inches vertically from the face of the structure to which it is attached.

SIGN, FREESTANDING

A sign erected and maintained on a freestanding frame mast or pole not attached to any building, and not including monument signs.

[Ord. No. 2553, 4-27-2020]

SIGN, GOVERNMENT

A sign that is constructed, placed or maintained by the Federal, State or local government or a sign that is required to be constructed, placed or maintained by the Federal, State or local government either directly or to enforce a property owner's rights.

[Ord. No. 2553, 4-27-2020]

SIGN, INFORMATION

A sign which identifies an on-site residence, non-commercial activity, including historic markers, or a sign conveying cautionary and similar information.

SIGN, MONUMENT

A sign that is permanently affixed to the ground at its base, supported entirely by a base structure at least as wide as the sign face and not mounted on a pole.

SIGN, PORTABLE

Any structure without a permanent foundation or otherwise permanently attached to a fixed location, which can be carried, towed, hauled or driven and is primarily designed to be moved rather than be limited to a fixed location regardless of modifications that limit its movability.

[Ord. No. 2553, 4-27-2020]

SIGN, PROJECTION

A sign, other than a flat sign, which projects from and is supported by a wall of a building or structure.

[Ord. No. 2553, 4-27-2020]

SIGN, TEMPORARY

A banner, pennant, poster or advertising display constructed of paper, cloth, canvas, plastic sheet, or other like materials and that appears to be intended or is determined by the Code Official to be displayed for a limited period of time (rather than permanently attached to the ground or a structure).

[Ord. No. 2553, 4-27-2020]

SIGN, VEHICLE

Any sign attached to or displayed on a vehicle.

[Ord. No. 2553, 4-27-2020]

SLCRO

The St. Louis County Revised Ordinances in effect on the effective date of this Chapter.

SPECIALIZED PRIVATE SCHOOLS

An institution for students at the elementary, junior or senior high level who have physical or mental characteristics which require specialized or individual instruction.

STABLE, PRIVATE

A detached building accessory to a residential use for the keeping of horses owned by the occupants of the premises and which shall not be used for any commercial purpose including the boarding, hire, sale or training of horses.

STORY

The horizontal segment of a building between the floor surface and the ceiling next above it and wholly above grade.

STREET

A paved public or private vehicular right-of-way which provides access to abutting properties from the front.

STRUCTURE

Any assembly of material forming a construction for occupancy or use, excepting, however, public utility poles of less than forty-five (45) feet in height and appurtenances thereto, provided that such utility poles shall not be deemed structures for the purposes of setback regulations, underground distribution or collection pipes or cables and underground or ground level appurtenances thereto, provided that the location of such poles or facilities have been authorized by a conditional use permit, special use permit or other express approval by the City.

SUBSTANTIAL CONSTRUCTION, DEVELOPMENT OR WORK

1. In a project involving structures, the completion of excavation for footings and foundations.

2. In a project involving no structures or insignificant structures, the completion of preliminary grading.

SUBSTANTIAL MODIFICATION

Shall have the same meaning as under Section 430.030 of this Code.

[Ord. No. 2417, 12-10-2018]

TERMINAL

A depot building or area specifically designated for the storage or transfer of persons or material or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.

TOWED VEHICLE STORAGE YARD

An area for the unstacked temporary storage and sale of operative, wrecked or otherwise damaged or immobilized motor vehicles wherein each vehicle space is directly accessible to a designated aisle.

TRANSIENT GUEST

Any person who rents and occupies a short-term rental for a period of less than thirty-one (31) consecutive calendar days.

[Ord. No. 2718, 8-8-2022]

TREE MASS

Any grouping of eight (8) or more trees each having a minimum caliper size of six (6) inches or more one (1) foot above grade with no individual tree trunk farther than thirty (30) feet from another tree trunk in the group.

USE

As utilized in this Chapter, use is any functional, social or technological activity which is imposed or applied to land or to structures on the land.

VEHICLE REPAIR FACILITY

Any structure or premises conducting major vehicle repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts or spray painting, but not including tire recapping or vulcanizing or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.

VEHICLE SERVICE CENTER

Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles and minor engine repair such as tune-ups and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers and tail pipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing or the storage of wrecked or damaged and immobilized vehicles.

VETERINARY CLINIC (ANIMAL HOSPITAL)

A facility for the practice of veterinary medicine.

WAREHOUSE

A structure for use as a storage place for goods, materials or merchandise.

WATER FEATURE

Any impoundment of water that is not a large water feature as defined herein. Examples include, but are not limited to, ponds, lakes, retention basins, and other similar features.

WIRELESS SUPPORT STRUCTURE

Shall have the same meaning as under Section 430.030 of this Code.

[Ord. No. 2417, 12-10-2018]

YARD

An open area between the structure setback lines of a lot as established by the regulations of a particular zoning district and the property lines of the same lot.

YARD, FRONT

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

YARD, REAR

A space opposite the front yard, extending across the entire rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line.

YARD, SIDE

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

[1] Note: This requirement was added in response to questions relating to police cars, veterinary vehicles and other like considerations that may lead to diminished services to and for the public's health, safety and welfare, but not intended to include plumbing, heating, electrical and similar type trade vans or vehicles providing twenty-four (24) hour service.

Section 415.040 Establishment Of Districts — Zoning Map.

[R.O. 1997 § 415.040; Ord. No. 1324 App. A § 1003.030, 8-14-2006]

A. For the purpose of this Chapter, that part of the City of Wildwood is divided into the following districts:

DISTRICT CLASSIFICATION	CODE DESIGNATION
"FP" Floodplain	"FP"
"PS" Park and Scenic	"PS"
"NU" Non-Urban Residence	"NU"
"R-1" Residence (1 acre)	"R-1"
"R-1A" Residence (22,000 square feet)	"R-1A"
"R-2" Residence (15,000 square feet)	"R-2"
"R-3" Residence (10,000 square feet)	"R-3"
"R-4" Residence (7,500 square feet)	"R-4"
"R-6A" Residence (4,000 square feet)	"R-6A"
"C-1" Neighborhood Shopping	"C-1"
"C-2" Shopping	"C-2"
"C-8" Planned Commercial	"C-8"
"M-1" Industrial	"M-1"
"M-3" Planned Industrial	"M-3"

B. The boundaries of these districts are hereby established as shown in the St. Louis County Zoning Map, hereinafter to be known as the "City of Wildwood Zoning Map," consisting of a series of maps at a scale of one (1) inch equals two hundred (200) feet, first adopted by St. Louis County Ordinance No. 3552 (1965), together with all subsequent amendments thereto. All district classifications, however, need not appear on the Zoning Map at one time. Official copies of said map shall be maintained in the Department of Public Works and the Department of Planning and shall be public records. All subsequent amendments to the Zoning Maps shall be designated on said official copies. The Planning Commission may, at its discretion, cause the City of Wildwood Zoning Map and its official copies thereof to be photographed, microphotographed, photostated or reproduced on file, which maps when so reproduced shall be deemed to be an original record for all purposes.

C. Floodplain And Floodway Map. For the purpose of this Chapter and the City of Wildwood Zoning Map, the areas designated special flood hazard and floodway upon the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted by Chapter 1008 SLCRO, Flood Damage Prevention, as the same may be amended from time to time by ordinance, shall constitute the "FP" Floodplain District and floodway of the City of Wildwood.

Section 415.050 Interpretation And Extension Of District Boundaries.

[R.O. 1997 § 415.050; Ord. No. 1324 App. A § 1003.040, 8-14-2006]

A. The Board of Adjustment shall interpret the provisions of this Chapter in accordance with the City of Wildwood ordinances. Any area within the geographical boundaries which is added to or becomes a part of the City of Wildwood shall be in the "NU" Non-Urban Residence District classification until changed by ordinance designating another district classification to such area.

B. In the event that a zoning district boundary line is shown on a Zoning District Map as following a property line or a political boundary line, the actual location of such zoning district boundary line shall govern, as determined by survey, rather than the representation of the location of said boundary line on the District Map, if there is a discrepancy between the two (2) locations.

C. Zoning district boundary lines shall be construed to either follow the center lines of railroad, street or highway rights-of-way, track or lot lines or such lines extended, unless otherwise indicated.

Section 415.060 District Regulations.

[R.O. 1997 § 415.060; Ord. No. 1324 App. A § 1003.050, 8-14-2006]

A. The use and development of land and structures within any zoning district are limited to those uses and developments set forth in those Sections of this Chapter applicable to such district. Any use not expressly listed in such zoning district Sections as a conditional use or use permitted by right in the applicable zoning district or authorized as an accessory use shall be prohibited unless the Director of Planning determines that the proposed use is sufficiently similar to a use expressly authorized in the applicable district and therefore intended to have been included within the meaning of such listed use and not otherwise prohibited or intended to be prohibited by this Chapter or other applicable regulations.

B. Except as provided in this Subsection, uses not listed have been determined either not to be appropriate in any 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 Code. Any use not shown as a use permitted by right or a conditional use or accessory use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized only in the "M-1" or "M-3" Industrial Districts located within the industrial areas of the City's Master Plan and Comprehensive Zoning Plan referred to in Section 3.9 of the City's Charter subject to the following conditions applicable to the full extent permitted by law:

1. The use shall be permitted only to the extent required by law to be permitted;

2. The use shall be approved only as a planned district use, except if by law it is required to be permitted by right;

3. The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school or church, except as may be modified by the Governing Body through a planned use procedure;

4. The use shall maintain a distance of at least one thousand (1,000) feet from any other such use;

5. No use shall occupy a structure in excess of five thousand (5,000) square feet.

Section 415.070 "FP" Floodplain District Regulations.

[R.O. 1997 § 415.070; Ord. No. 1324 App. A § 1003.101, 8-14-2006]

A. Purpose And Intent.

1. The flood hazard areas of Wildwood, Missouri, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages.

2. This Section is therefore necessary to protect human life and health; to minimize expenditure of public money for costly flood control projects; to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; to minimize prolonged business interruptions; to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and to help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas.

3. It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities; to require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; to control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; and to control filling, grading, dredging and other development which may increase erosion or flood damage.

B. Scope Of Provisions.

1. This Section contains the regulations for the "FP" Floodplain District of Wildwood. Property zoned "FP" is also zoned under another applicable district governed by this Chapter. The "FP" District constitutes an "overlay" district and the other applicable zoning district constitutes the underlying zoning. This Section controls in the case of any conflict between the regulations contained in this Section and the regulations otherwise applicable to any property by virtue of its "underlying" zoning.

2. All of the area within the "FP" District is the floodplain, as defined in this Chapter, and is subject to all of the provisions of this Section. A portion of the area within this district is designated as the floodway as established by the maps applicable to this district. Property within the floodway is subject to those provisions of this Section which so state.

C. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Boat docks for other than commercial or industrial use.

2. Farming.

3. Hunting, fishing and propagation of wildlife.

4. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.

5. Public parks.

6. Scenic areas.

7. Swimming pools.

8. Wildlife refuge.

9. Yard areas of single-family lots when a contiguous area is provided outside the limits of the 100-year floodplain that meets or exceeds the minimum lot area required by the underlying zoning district or by an applicable special procedure permit. However, in no case shall a contiguous area in excess of one (1) acre be required outside the floodplain.

D. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Golf courses.

2. Outdoor archery ranges.

3. Public utility facilities.

4. Railroad tracks and associated structures.

5. Recreational uses such as athletic fields and picnic grounds.

E. Conditional Land Use And Development, Based On Underlying Zoning, Issued By The Commission. The following land uses and developments, if permitted or conditional uses in the underlying zoning district applicable to the property, may be authorized in this district under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Towed vehicle storage yards.

2. Open storage, not including salvage yards or junk yards.

3. (Reserved)

4. Miniature golf courses and golf driving ranges.

F. Accessory Land Uses And Developments.

1. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

a. Devices for the generation of energy, such as solar panels, wind generators or similar devices.

b. Individual sewage treatment facilities serving an individual non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

2. Accessory uses in this district do not include residences.

G. Performance Standards. All uses in the "FP" Floodplain District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

H. Height Limitations For Structures. The total height of any structure shall not exceed that permitted in the underlying zoning district, except where the use of the property includes structures restricted in height by the requirements of a conditional use permit or in the case of a wireless support structure, disguised support structure or the substantial modification thereof, subject to the provisions of Chapter 430 of the City Code.

[Ord. No. 2417, 12-10-2018]

I. Lot Area And Yard Requirements. The minimum lot area and yard requirements for land uses in the "FP" Floodplain District shall be as set out below:

1. Minimum Lot Area Requirement.

a. The following permitted land uses shall be situated on tracts of land providing not less than the following areas:

USE	MINIMUM AREA (acres)
Farming	20
Golf courses	30

b. Permitted and conditional land uses shall be situated on tracts of not less than the minimum lot area required by the provisions of the underlying zoning district regulations.

2. General Yard Requirements — Front Yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line, except where a greater setback is required by the underlying district requirements.

3. Specific Yard Requirements And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

c. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

d. Any structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

e. No residential building or structure attached thereto shall be allowed within fifty (50) feet of the limits of the 100-year floodplain.

J. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

K. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

L. Use And Development Of Floodway. All development or use of the floodway is prohibited.

M. Use And Development Under Underlying District Regulations. Property in this district may be used and developed in accordance with the regulations of the underlying zoning upon compliance with the following procedure:

1. The property is placed in such conditions as to effectively and without increasing the flooding problems of other properties, remove the property from flooding based on the flood elevation study approved by the United States Federal Emergency Management Agency ("FEMA") and used as basic data for determining the boundaries of the Flood Hazard Boundary Map, being the "FP" Floodplain District as governed by this Section. Effective removal of the property from flooding requires provision of adequate freeboard as determined by the City of Wildwood in light of the reasonably anticipated ultimate development of the watershed. If the standards required by this Subsection are satisfactorily met in respect to any lot or tract of land in the "FP" Floodplain District, the property may then be used for such uses and under such regulations as are contained in the district regulations of the district designated after the "FP" code designation as the underlying district for the particular property.

2. Flood Protection Plan.

a. The property owner or user shall submit to the City of Wildwood a plan for flood protection. The plan shall be approved if its implementation would adequately protect against the amount of water that would flow past the property in cubic feet per second during the base flood, as determined by the flood elevation study approved by FEMA and used as basic data for determining the boundaries of the Flood Insurance Rate Map and the Flood Hazard Boundary Map and if the plan further demonstrates that its implementation will not increase the flooding problems of other properties. With respect to any stream for which a floodway has not been designated, except the Mississippi River, the flooding problems of other properties will be deemed increased if implementation of the plan would decrease the water storage or conveyance capacity of the stream.

b. The plan must include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan for flood protection relative to the elevation of the floodplain and the flow as determined in the flood elevation study approved by FEMA, the effect of the proposed improvement on the flood problems of other properties and such other hydrologic problems as may result from the improvements. Where the plan only delineates the floodplain elevation on the ground and no change or construction is proposed involving land below the floodplain elevation, the plan may be submitted under the seal of a registered land surveyor.

c. The City of Wildwood may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan for flood protection.

N. Use And Development In The "FP" Floodplain District. No use or development in this district shall increase the flooding problems of other properties. Prior to any use or development of property pursuant to the permitted or conditional uses designated in this district, if such use or development involves manmade change to real property below the flood elevation, including construction or erection of any building or structure or any filling, grading, paving, mining, dredging, excavation or drilling, the following procedure shall be complied with:

1. The property owner or user shall submit to the City of Wildwood a development plan. The plan shall be approved if it demonstrates that its implementation will not increase the flooding problems of other properties. With respect to any stream for which a floodway has not been designated, except the Mississippi River, the flooding problems of other properties will be deemed increased if implementation of the plan would decrease the water storage or conveyance capacity of the stream.

2. The plan shall include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan to avoid flooding problems of other properties and such other hydrologic problems as may result from the improvements. Where the plan only delineates the floodplain elevation on the ground and no change or construction is proposed involving land below the floodplain elevation, the plan may be submitted under the seal of a registered land surveyor.

3. The City of Wildwood may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan.

O. Effect Of Plan Approval.

1. The approval by the City of Wildwood of such plans for flood protection does not constitute a representation, guarantee or warranty of any kind by the City of Wildwood or by any officer or employee of either as to the practicality or safety of any protective measure and shall create no liability upon or cause of action against such public body, officers or employees for any damage that may result pursuant thereto.

2. Approval of the plan by the City of Wildwood does not relieve an owner or user from fulfilling the requirements set forth in any other City ordinance regarding construction or development within the floodplain.

P. In order to establish a minimum lot area outside of the floodplain, an engineer's seal and signature verifying the location of the floodplain boundary must be submitted for review and approval by the Department of Public Works. The plat must be certified by a registered professional engineer of demonstrated competence licensed to practice in the State of Missouri.

Section 415.080 "PS" Park And Scenic District Regulations.

[R.O. 1997 § 415.080; Ord. No. 1324 App. A § 1003.103, 8-14-2006]

A. Scope Of Provisions. This Section contains the district regulations of the "PS" Park and Scenic District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "PS" Park and Scenic District encompasses land owned by public agencies or in which public agencies have some lesser legal interest, which has recreational, scenic and health value. This district may also include land having recreational, scenic and health value; when owned by not-for-profit organizations or in which such organizations have some lesser legal interest, upon the application and approval of a petition for change of zoning by such a not-for-profit organization. This district is established to preserve the community's cultural values by preserving this land in an essentially natural or native condition.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Fire stations.

2. Historic sites and buildings.

3. Natural or primitive areas and forests encompassed by the provisions of the Missouri State Forestry Law.[1]

[1] Editor's Note: See § 254.010 et seq., RSMo.

4. Public parks and parkways.

5. Wildlife habitats and fish hatcheries.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Camping, lodging, swimming, picnicking, boating, fishing, hiking and wildlife observation facilities and customary service facilities necessary to provide the direct support for such activities.

2. Cemeteries and mausoleums.

3. Golf courses and driving ranges. Miniature golf courses are excluded.

4. Government and civic buildings.

5. Public utility transmission and distribution lines and pipelines, underground and above ground, including booster stations.

6. Restaurants and other dining facilities.

7. Retreats operated by educational or other not-for-profit entities.

8. Sewage treatment facilities, other than facilities permitted as an accessory use.

9. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

2. Dwellings, dormitories and accessory buildings and structures for the exclusive use of park operation personnel.

3. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow. However, where a treatment facility is wholly within and provides service exclusively for uses within a City or County park, an individual sewage treatment facility exceeding five thousand (5,000) gallons per day flow may be approved by the regulatory agency after receipt of a report from the Departments of Parks and Recreation and Public Works relating to the operational characteristics of the treatment facility.

4. Signs (directional and information).

E. Performance Standards. All uses in the "PS" Park and Scenic District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The total height of any structure shall not exceed that permitted in Section 415.240, Air Navigation Space Regulations.

G. Front Yard Requirements — General. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

H. Specific Yard Requirements And Exceptions.

1. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding a height of three (3) feet above the elevation of the street pavement shall be allowed within the sight distance triangle.

2. Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.

3. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

4. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

5. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning.

I. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

J. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

Section 415.090 "NU" Non-Urban Residence District Regulations.

[R.O. 1997 § 415.090; Ord. No. 1324 App. A § 1003.107(K), 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "NU" Non-Urban Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "NU" Non-Urban Residence District of the City of Wildwood encompasses areas within which rough natural topography, geological conditions or location in relation to urbanized areas creates practical difficulties in providing and maintaining public roads and public or private utility services and facilities. The "NU" Non-Urban Residence District, therefore, shall promote the protection and existence of a large-lot rural development pattern.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Commercial vegetable and flower gardening, as well as plant nurseries and greenhouses, but not including any structure or building used as a retail or wholesale salesroom.

3. Dairy farming.

4. Dwelling, single-family (for group homes, see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

5. (Reserved)

6. Farming, including the cultivation and sale of any plant crops and domestic animals.

7. Forests, wildlife reservations, as well as conservation projects.

8. (Reserved)

9. Home occupations.

10. Hunting and fishing as well as propagation of wildlife of any kind, except camps that provide these activities to the general public.

[Ord. No. 2588, 1-25-2021]

11. Libraries, public or private not-for-profit.

12. (Reserved)[1]

[1] Editor's Note: Former Subsection (B)(12), regarding mausoleums or crematoriums, was repealed 1-25-2021 by Ord. No. 2588.

13. Parks, parkways and playgrounds, public or private not-for-profit.

14. Schools, public or private kindergarten, elementary, secondary and collegiate.

15. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure, except the specified home occupations described below which must adhere to simplified process defined in Subsections (H) and (I) of this Section:

1. Administrative offices and educational facilities for religious purposes.

[Ord. No. 2588, 1-25-2021]

1a. Athletic or other field lighting.

[Ord. No. 2588, 1-25-2021]

2. Adult day care.

[Ord. No. 2588, 1-25-2021]

2a. Banners: Sponsorship types for both public and not-for-profit uses, with a minimum of two (2) operational athletic fields on the same lot.

[Ord. No. 2101 § 1, 4-13-2015]

3. Short-term rentals.

[Ord. No. 2718, 8-8-2022]

4. (Reserved)[2]

[2] Editor's Note: Former Subsection (C)(4), regarding blacksmiths, was repealed 1-25-2021 by Ord. No. 2588.

5. Cemeteries, including mortuaries operated in conjunction with the cemetery.

6. Child-care centers, nursery schools and day nurseries.

7. Clubs, private not-for-profit.

8. Aquaculture.

[Ord. No. 2264, 5-22-2017]

9. (Reserved)

10. (Reserved)[3]

[3] Editor's Note: Former Subsection (C)(10), regarding fairgrounds, was repealed 1-25-2021 by Ord. No. 2588.

11. (Reserved)[4]

[4] Editor's Note: Former Subsection (C)(11), regarding feed and grain storage, was repealed 1-25-2021 by Ord. No. 2588.

12. Foster homes for handicapped children.

13. Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded.

14. (Reserved)

15. Group homes for the elderly.

16. (Reserved)

17. Home occupations permitted by Section 415.090(H).

18. Large water features.

19. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.

20. Mausoleums or crematoriums in an existing cemetery, any other provision of the law notwithstanding, but no such structure shall be situated closer than one hundred (100) feet to any cemetery property line.

[Ord. No. 2588, 1-25-2021]

21. Mulching plants for trees, wood or wood waste, but not including any assembly or manufacture of a product.

22. Nursing homes, including assisted care living facilities (overall density of assisted care units is a function of permitted beds).

23. Police and fire stations.

24. Post offices and other government buildings.

25. Public utility facilities, other than local public utility facilities.

26. Radio, television and communication transmitting, receiving or relay towers and facilities, subject to the provisions of Chapter 430 of this Code.

27. Recreational camps and camping facilities.

28. Recreational land uses, commercial or not-for-profit.

29. Residential substance abuse treatment facilities.

30. Retreats operated by educational or other not-for-profit entities.

31. Riding stables, kennels and veterinary clinics.

32. (Reserved)

33. Sales rooms (retail and wholesale), when established as an accessory use to commercial gardens, plant nurseries and greenhouses, for the sale of nursery products and related items for use in preserving the life and health of such products, hand tools and plant containers. The preceding items shall not include power-driven equipment, lawn and garden furniture nor decorative accessories and fencing; however, bulk sale of sand, gravel, mulch, railroad ties or similar materials may be permitted. The salesroom may occupy all or a portion of a building.

34. Satellite dishes [additional to provisions of Section 415.380(R)].

35. Sewage treatment facilities, other than facilities permitted as an accessory use.

35a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

35b. Solar farms.

[Ord. No. 2588, 1-25-2021]

36. Specialized private schools.

37. Wireless support structures, disguised support structures or the substantial modification thereof, subject to Chapter 430 of the City Code.

[Ord. No. 2417, 12-10-2018]

D. Accessory Land Uses And Developments.

1. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

a. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

(1) The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

(2) The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

(3) The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels. Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150, City of Wildwood Code of Administrative Procedure.

(4) The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its loss must occur on the same property, with such being consistent with the code referenced herein.

(5) The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

(6) The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

(7) The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

(8) The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

b. Individual sewage treatment facilities serving an individual dwelling, farm or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

c. Private stables.

d. Signs (business, directional and information).

2. Accessory Buildings And Structures. The following supplemental regulations apply to all accessory buildings and structures authorized by this Section in addition to any other applicable restrictions:

a. The maximum square footage of a footprint for any accessory building and structure attributable to a specific authorized accessory use shall not exceed the lesser of the following:

(1) One point five percent (1.5%) of the overall lot size on which it is located for any property less than five (5) acres in size and two point five percent (2.5%) of the overall lot size on which it is located for any property greater than five (5) acres in size; or

(2) A maximum square footage of ten thousand eight hundred ninety (10,890) square feet; provided that either maximum standard in this Subsection may be exceed if authorized pursuant to the procedures set forth in Section 415.090(I) for the simplified conditional use permit.

b. Accessory buildings or structures exceeding the requirements of Subsection 415.090(D)(2)(a) above may be approved only pursuant to the procedures set forth in Section 415.090(I) for a simplified conditional use permit. Objections offered by surrounding property owners, as part of the notification requirements of the simplified conditional use permit, shall be provided in writing and based upon a definable concern such as, but not limited to, grading and land disturbance, tree removal, stormwater runoff, access, or building or structure orientation.

c. Accessory buildings or structures meeting the requirements of Section 415.090(D)(2)(a) above in terms of overall size of their footprint, but greater than three thousand two hundred seventy (3,270) square feet in area, shall be required to provide an additional setback distance from all property lines equal to an additional five (5) feet [not to exceed one hundred (100) total feet] of setback distance for every five hundred (500) square feet of footprint in excess of three thousand two hundred seventy (3,270) square feet in area; provided that private stables shall continue to be subject to any other the minimum setbacks as established for such use in Section 415.090(G)(4)(j). The additional setback requirements set forth in this Subsection may be modified if so authorized pursuant to the procedures set forth in Section 415.090(I) for the simplified conditional use permit.

E. Performance Standards. All uses in the "NU" Non-Urban Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The total height of any structure or building shall not exceed that permitted in Section 415.240, Air Navigation Space Regulations. However, in no case shall the total height of any structure or building exceed sixty (60) feet in overall size, unless otherwise authorized by a conditional use permit.

G. Lot Area And Yard Requirements. The minimum lot area and yard requirements for land uses and developments in the "NU" Non-Urban Residence District shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

[Ord. No. 2213 § 2, 10-10-2016; Ord. No. 2718, 8-8-2022]

USE		MINIMUM AREA
Administrative offices and educational facilities — religious		4 acres
Child-care center		3 acres
Church		3 acres
Dwelling, single-family		3 acres
Home occupations not permitted by right within the district		3 acres
Local public utility facilities		1 acre
Mechanical sewage treatment facility		3 acres
Mortuary		Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district]
Residential substance abuse		3 acres (except 5 acres for a facility of more treatment facilities than 8 resident patients)
Schools
	Nursery or day nursery	3 acres
	Kindergarten (separate)	3 acres
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres
Short-term rental		3 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than three (3) acres, may be used as a site for one (1) single-family dwelling together with customary accessory structures and uses.

c. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

d. Mechanical sewage treatment facilities may be located on tracts of land less than three (3) acres in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than ten thousand (10,000) square feet.

e. Police and fire stations and post offices and other government buildings as approved by the Planning and Zoning Commission via a conditional use permit may be established on tracts of land of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of the land use in the neighborhood of these uses, except no such parcel of ground shall be less than two (2) acres in overall size.

f. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Creation Of New Lots. No lawful new lots shall be created of less than three (3) acres in area, except local public utility facilities. Lots of less than three (3) acres in area, created for the above use, shall not be used for any other use. In the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than three (3) acres, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated with a copy to be filed with the City of Wildwood.

3. Minimum Yard Requirements — General.

a. Front Yard. No structure shall be allowed within fifty (50) feet of any roadway right-of-way line or large lot roadway easement.

b. Side And Rear Yard. No structure shall be allowed within thirty (30) feet of any property line other than a roadway right-of-way line or large lot roadway easement.

4. Specific Yard Requirements And Exceptions.

a. Notwithstanding any other provisions of this Chapter, on corner lots no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners' association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

(9) On a legal lot of record, which is five (5) acres or greater in size, or which is composed of two (2) or more contiguous tracts of land totaling five (5) acres or more in size, under a single ownership, in which case such contiguous tracts of land may be treated as one (1) lot for purposes of this Subsection, deer fences are allowed within the minimum side and rear yard requirements.

c. Permitted information signs, six (6) feet or less in height are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback or sight distance triangle.

e. A permitted freestanding business sign may be located no closer than twenty-five (25) feet from any roadway right-of-way line.

f. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

g. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than seventy-five (75) feet be required.

h. If a lot of record existing on the effective date of this Chapter has a width of one hundred (100) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

i. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

j. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

5. Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

b. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

c. Limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

6. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Certain Allowable Uses, Characteristics Of The Use And Percent Of Principal Structure Devoted To Home Occupations Authorized By A Conditional Use Permit.

1. The following certain home businesses may be authorized by a conditional use permit: computer programmers, phone solicitors, single-tenant offices for accountants, bookkeepers, architects, engineers, planners, financial consultants, income tax preparers, insurance salespersons, lawyers and real estate appraisers; studios or work facilities for artists, candy makers, dressmakers, tailors, music teachers, dance teachers, tutors, typists, craft makers and stenographers; data transcribers and mail order operations. Additional uses may be considered and authorized by the Director of Planning, when such activities are determined to have similar or like characteristics to those listed above; exhibit a comparable level of activity; and will not cause harm to adjoining properties by their existence.

2. The use, when authorized, shall remain secondary to the principal use of the property and shall not exceed the scale of it. To maintain the appropriate scale relative to these uses, the following minimum conditions shall be adhered to by the owner/operator of the home occupation: any exterior portion of a structure shall be of a residential character and style which is compatible with existing character of the neighborhood if altered or expanded to accommodate the home occupation; the addition of any outbuilding to be used in conjunction with the operation of the authorized home occupation shall replicate the architectural style of the principal building; no outdoor storage of products or materials shall be authorized as part of any operation and all activities shall be conducted indoors; no more than one (1) employee of the authorized home occupation shall not be other than a family member who resides on the premises; no business signs shall be authorized in conjunction with this home occupation; no more than two (2) patrons may visit the business at any given time and no more than five (5) per day in total; and patron hours shall be limited to 7:00 A.M. to 9:00 P.M. Monday through Friday only with limited hours on Saturdays from 9:00 A.M. to 1:00 P.M. and no hours on Sundays. Patrons shall include customers, delivery persons and suppliers. Other restrictions may be placed upon the use as part of the approval of the conditional use permit.

3. The use of the principal building and related outbuildings for the authorized activity shall be limited to not more than twenty-five percent (25%) of the overall floor area of all structures on the site.

4. The operation of a home occupation shall not create any noise, vibration, fumes, odor, heat, glare or any kind of interference that can be reasonably detected beyond the property line of the subject site or create disturbance for adjoining parcels of ground. "Reasonably detected," for the purposes of this Chapter, shall be interpreted to mean compliance with the Section 415.250, Zoning Performance Standards Regulations, of the City of Wildwood's Zoning Code.

5. The home occupation authorized on the property shall provide adequate off-street parking for their projected clientele and deliveries, but parking area and design shall be limited to the type normally associated with residential areas and deliveries to the site shall be limited to single axle vehicles normally used in residential areas.

6. The operator of any permitted home occupation authorized under this simplified process must establish and maintain permanent residency (domicile) in the principal structure at all times during its use for this activity.

7. The use or display of any advertising or commercial devices, contrivances, reader boards, inflatable aides or lights upon any personal vehicle, tree or other structure or object located on the property is prohibited. No commercial vehicles shall be parked outdoors in conjunction with this use.

8. Nothing herein shall require a conditional use permit for a lawful home occupation otherwise authorized under this Code as a permitted use.

I. Simplified Conditional Use Permit Application Process For Certain Home Occupations. Conditional uses for home occupations authorized by Subsection (H) shall adhere to this review and approval process:

1. The operator shall complete an application form provided by the City certifying compliance with all applicable requirements of Subsection (H). Included with this application shall be a filing fee of one hundred dollars ($100.00) for processing and notification costs or such other amount set by the Director of Planning to reimburse for such actual costs.

2. The operator shall provide to the Department of Planning for its review and approval a plot plan indicating all property boundaries, access to the site, proposed off-street parking areas, provision of sanitary sewer service and any other site characteristics relative to the use of the property for a home occupation. Along with this plot plan, the owner/operator of the proposed home occupation shall provide verification to the Department of Planning from the Trustee Association of the subdivision of their notification regarding this request, if applicable.

3. The request for a simplified conditional use permit shall be posted on the subject site for a period of fifteen (15) days before action is taken on the request by the Department of Planning. The request for the simplified conditional use permit shall also be mailed to all property owners within a radius of five hundred (500) feet of the site for comment.

4. The Department of Planning shall not issue a simplified conditional use permit if comments are received within the fifteen (15) day comment period in writing in opposition to the request. If comments are received on the request, the applicant must proceeded through the hearing process before the Planning and Zoning Commission as described in Section 415.500, Conditional Use Permit Procedure, except that no additional fee will be required nor the submittal of further plan information. All notification procedures must be repeated again as part of the Planning and Zoning Commission's review.

5. If no comments are received within fifteen (15) day review period, the Department of Planning shall approve, deny or conditionally approve a simplified conditional use permit to the applicant based upon the requirements of this Section and the findings that would or otherwise be required by Section 415.500. The additional conditions that may be placed on the operation of the home occupation may be imposed to ensure the use of property is in keeping with the surrounding residential character of the area.

6. The Department of Planning may, upon appropriate justification, deny said request for an expanded home occupation, if site or area conditions should warrant it. Appeal of this decision may be filed with the Planning and Zoning Commission.

J. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

K. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General, and applicable to banners, sponsorship types, which must minimally comply with such, along with any requirements established in an application-specific conditional use permit (CUP).

[Ord. No. 2101 § 1, 4-13-2015]

L. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (L)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. Lighting of these facilities may be authorized upon "NU" Non-Urban Residence District zoned properties, but must comply with the City's outdoor lighting requirements. Light standards in association with these facilities shall not exceed sixteen (16) feet in height, but shall always be at the least height necessary to accommodate the safe and functional use of the facility.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

Section 415.100 Urban Residence District Regulations.

[R.O. 1997 § 415.100; Ord. No. 1324 App. A § 1003.110, 8-14-2006]

The Urban Residence District regulations of the City of Wildwood as differentiated herein and the district locations as shown on the set of maps titled "City of Wildwood Zoning Map" reflect the wide variety of physical and social conditions and characteristics found in the City of Wildwood to the extent that the range of such conditions and characteristics can be divided into meaningful categories. It is the purpose of these regulations to encourage the creation and maintenance of stable and enduring residential communities by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, existing developments, arrangements and location of existing or planned community facilities and social needs of the community.

Section 415.110 "R-1" One Acre Residence District Regulations.

[R.O. 1997 § 415.110; Ord. No. 1324 App. A § 1003.111, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "R-1" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Commercial vegetable and flower gardening as well as plant nurseries and greenhouses, but not including any structure or building used as a retail or wholesale salesroom.

3. Dwellings, single-family (for group hones, see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

4. Farming, including the cultivation and sale of any plant crops and domestic animals.

5. Forests and wildlife reservations as well as conservation projects.

6. (Reserved)

7. Home occupations.

8. Libraries, public or private not-for-profit.

9. Parks, parkways and playgrounds, public or private not-for-profit.

10. Schools, public or private kindergarten, elementary, secondary and collegiate.

11. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Administrative offices and educational facilities for religious purposes.

[Ord. No. 2588, 1-25-2021]

2. Adult day care.

[Ord. No. 2588, 1-25-2021]

2a. Aquaculture.

[Ord. No. 2264, 5-22-2017]

3. (Reserved)[1]

[1] Editor's Note: Former Subsection (C)(3), regarding mausoleums or crematoriums, was repealed 1-25-2021 by Ord. No. 2588.

4. Child-care centers, nursery schools and day nurseries.

5. Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

6. Dairy farms.

7. (Reserved)

8. Foster homes for handicapped children.

9. Golf courses, including practice driving tees, miniature golf courses and independent practice driving tees.

10. (Reserved)[2]

[2] Editor's Note: Former Subsection (C)(10), regarding group homes for the developmentally disabled, was repealed 10-10-2016 by Ord. No. 2213 § 3.

11. Group homes for the elderly.

12. Large water features.

13. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.

14. (Reserved)[3]

[3] Editor's Note: Former Subsection (C)(14), regarding mortuaries, was repealed 1-25-2021 by Ord. No. 2588.

15. Nursing homes.

16. Police and fire stations.

17. Public utility facilities.

18. Radio, television and communication transmitting, receiving or relay towers and facilities.

19. Residential substance abuse treatment facilities.

20. Retreats operated by educational or other not-for-profit entities.

21. Riding stables and kennels.

22. Sales rooms (retail and wholesale) for commercial gardens, plant nurseries and greenhouses.

23. Satellite dishes [see provisions of Section 415.380(R)].

24. Sewage treatment facilities, other than facilities permitted as an accessory use.

24a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

25. Specialized private schools.

26. Wireless support structures, disguised support structures or the substantial modification thereof.

[Ord. No. 2417, 12-10-2018]

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

a. The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

b. The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

c. The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels. Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150 City of Wildwood Code of Administrative Procedure.

d. The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its loss must occur on same property, with such being consistent with the code referenced herein.

e. The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

f. The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

g. The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

h. The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

2. Individual sewage treatment facilities serving an individual dwelling, farm or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Private stables.

4. Signs (business, directional and information).

5. Buildings or structures that comply with the following size or extent requirements: No accessory building or structure shall exceed the following:

a. An overall size of three thousand five hundred (3,500) square feet in area;

b. An area of more than ten percent (10%) of the overall area of the lot where it is located; or

c. The area of the footprint of the principal single-family dwelling located on the lot.

E. Performance Standards. All uses in the "R-1" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-1" Residence District shall be as set out below:

[Ord. No. 2417, 12-10-2018]

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.

2. Radio, television, public utility and communication transmitting, receiving or relay towers, wireless support structures or disguised support structures may be erected, or substantially modified, to any height as authorized by Chapter 430 of the City Code not in conflict with the provisions of Section 415.240, Air Navigation Space Regulations.

3. All other structures shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

[Ord. No. 2213 § 4, 10-10-2016]

USE		MINIMUM AREA
Administrative office and educational facilities — religious		3 acres
Child-care center		1 acre
Church		3 acres
Dwelling, single-family		1 acre
Kennel		3 acres
Library		3 acres
Local public utility facilities		1 acre
Mortuary		Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district]
Residential substance abuse treatment facilities		3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
	Nursery or day nursery	1 acre
	Kindergarten (separate)	3 acres
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than one (1) acre, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than one (1) acre.

d. Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.

e. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

f. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Creation Of New Lots. No new lots shall be created of less than one (1) acre in area.

3. Minimum Yard Requirements — General.

a. Front Yard. No structure shall be allowed within thirty (30) feet of any roadway right-of-way line.

b. Side Yard. No structure shall be allowed within fifteen (15) feet of any side property line.

c. Rear Yard. No structure shall be allowed within thirty (30) feet of any rear property line.

4. Specific Yard Regulations And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

c. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of seventy-five (75) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

h. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

i. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

5. Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. Densities of self-care units shall not exceed ten (10) units per acre.

b. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication through signs or other devices on the exterior that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

6. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

J. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

K. No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude an allowable Home Occupation, as set forth in the City of Wildwood Zoning Ordinance.

[Ord. No. 2718, 8-8-2022]

Section 415.120 "R-1A" Residence District Regulations.

[R.O. 1997 § 415.120; Ord. No. 1324 App. A § 1003.112, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "R-1A" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Dwellings, single-family (for group homes, see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

3. Forests and wildlife reservations, as well as conservation projects.

4. (Reserved)

5. Home occupations.

6. Libraries, public or private not-for-profit.

7. Parks, parkways and playgrounds, public or private not-for-profit.

8. Schools, public or private kindergarten, elementary, secondary and collegiate.

9. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Child-care centers, nursery schools and day nurseries.

2. Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

3. Foster homes for handicapped children.

4. (Reserved)

5. (Reserved)[1]

[1] Editor's Note: Former Subsection (C)(5), regarding group homes for the developmentally disabled, was repealed 10-10-2016 by Ord. No. 2213 § 5.

6. Group homes for the elderly.

7. Large water features.

8. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.

9. (Reserved)[2]

[2] Editor's Note: Former Subsection (C)(9), regarding mortuaries, was repealed 1-25-2021 by Ord. No. 2588.

10. Nursing homes.

11. Police and fire stations.

12. Public utility facilities, other than local public utility facilities.

13. Residential substance abuse treatment facilities.

14. Retreats operated by educational or other not-for-profit entities.

15. Satellite dishes [see provisions of Section 415.380(R)].

16. Sewage treatment facilities, other than facilities permitted as an accessory use.

16a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

17. Specialized private schools.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

a. The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

b. The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

c. The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels, Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150 City of Wildwood Code of Administrative Procedure.

d. The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its loss must occur on same property, with such being consistent with the code referenced herein.

e. The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

f. The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

g. The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

h. The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Private stables.

4. Signs (directional and information).

5. Buildings or structures that comply with the following size or extent requirements: No accessory building or structure shall exceed the following:

a. An overall size of three thousand five hundred (3,500) square feet in area;

b. An area of more than ten percent (10%) of the overall area of the lot where it is located; or

c. The area of the footprint of the principal single-family dwelling located on the lot.

E. Performance Standards. All uses in the "R-1A" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-1A" Residence District shall be as set out below:

[Ord. No. 2417, 12-10-2018]

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.

2. All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1A" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

[Ord. No. 2213 § 6, 10-10-2016]

USE		MINIMUM AREA
Child-care center		30,000 square feet
Church		3 acres
Dwelling, single-family		22,000 square feet
Library		1 acre
Local public utility facilities		10,000 square feet
Mortuary		Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district]
Residential substance abuse treatment facilities		3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
	Nursery or day nursery	22,000 square feet
	Kindergarten (separate)	1 acre
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than twenty-two thousand (22,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than twenty-two thousand (22,000) square feet.

d. Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.

e. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

f. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Creation Of New Lots. No new lots shall be created of less than twenty-two thousand (22,000) square feet in area except for fire stations, police stations and local public utility facilities. Lots of less than twenty-two thousand (22,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than one (1) acre, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated, with a copy to be filed with the City of Wildwood.

3. Minimum Yard Requirements — General.

a. Front Yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

b. Side Yard. No structure shall be allowed within twelve (12) feet of any side property line.

c. Rear Yard. No structure shall be allowed within thirty (30) feet of any rear property line.

4. Specific Yard Requirements And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

c. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of seventy (70) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

h. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

i. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

5. Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. Densities of self-care units shall not exceed ten (10) units per acre.

b. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

6. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

J. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

K. No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude an allowable Home Occupation, as set forth in the City of Wildwood Zoning Ordinance.

[Ord. No. 2718, 8-8-2022]

Section 415.130 "R-2" Residence District Regulations.

[R.O. 1997 § 415.130; Ord. No. 1324 App. A § 1003.113, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-12; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "R-2" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Dwellings, single-family (for group homes, see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

3. Forests and wildlife reservations as well as conservation projects.

4. (Reserved)

5. Home occupations.

6. Libraries, public or private not-for-profit.

7. Parks, parkways and playgrounds, public or private not-for-profit.

8. Schools, public or private kindergarten, elementary, secondary and collegiate.

9. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Child-care centers, nursery schools and day nurseries.

2. Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

3. Foster homes for handicapped children.

4. (Reserved)

5. (Reserved)[1]

[1] Editor's Note: Former Subsection (C)(5), regarding group homes for the developmentally disabled, was repealed 10-10-2016 by Ord. No. 2213 § 7.

6. Group homes for the elderly.

7. Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

8. Large water features.

9. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.

10. (Reserved)[2]

[2] Editor's Note: Former Subsection (C)(10), regarding mortuaries, was repealed 1-25-2021 by Ord. No. 2588.

11. Nursing homes.

12. Police and fire stations.

13. Public utility facilities, other than local public utility facilities.

14. Residential substance abuse treatment facilities.

15. Retreats operated by educational or other not-for-profit entities.

16. Satellite dishes [see provisions of Section 415.380(R)].

17. Sewage treatment facilities, other than facilities permitted as an accessory use.

17a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

18. Specialized private schools.

D. Accessory Land Uses Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

a. The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

b. The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

c. The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels. Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150 City of Wildwood Code of Administrative Procedure.

d. The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its loss must occur on same property, with such being consistent with the code referenced herein.

e. The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

f. The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

g. The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

h. The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Private stables.

4. Signs (directional and information).

E. Performance Standards. All uses in the "R-2" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-2" Residence District shall be as set out below:

[Ord. No. 2417, 12-10-2018]

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.

2. All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof authorized by a conditional use permit shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-2" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

[Ord. No. 2213 § 8, 10-10-2016]

USE		MINIMUM AREA
Child-care center		30,000 square feet
Church		3 acres
Dwelling, single-family		15,000 square feet
Group living facilities for religious purposes		15,000 square feet
Library		1 acre
Local public utility facilities		10,000 square feet
Mortuary		Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district]
Residential substance abuse treatment facilities		3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
	Nursery or day nursery	15,000 square feet
	Kindergarten (separate)	1 acre
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than fifteen thousand (15,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than fifteen thousand (15,000) square feet.

d. Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.

e. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

f. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Creation Of New Lots. No new lots shall be created of less than fifteen thousand (15,000) square feet in area except for police stations and local public utility facilities. Lots of less than fifteen thousand (15,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than fifteen thousand (15,000) square feet, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated, with a copy to be filed with the City of Wildwood.

3. Minimum Yard Requirements — General.

a. Front Yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

b. Side Yard. No structure shall be allowed within ten (10) feet of any side property line.

c. Rear Yard. No structure shall be allowed within thirty (30) feet of any rear property line.

4. Specific Yard Requirements And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) . Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

c. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

h. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

i. No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.

5. Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.

b. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

6. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

J. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

K. No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude an allowable Home Occupation, as set forth in the City of Wildwood Zoning Ordinance.

[Ord. No. 2718, 8-8-2022]

Section 415.140 "R-3" Residence District Regulations.

[R.O. 1997 § 415.140; Ord. No. 1324 App. A § 1003.115, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter (Appendix) which are incorporated as part of this Section by reference.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Dwellings, single-family (for group homes, see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

3. (Reserved)

4. Home occupations.

5. Libraries, public or private not-for-profit.

6. Parks, parkways and playgrounds, public or private not-for-profit.

7. Police stations and fire stations.

8. Schools, public or private kindergarten, elementary, secondary and collegiate.

9. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Child-care centers, nursery schools and day nurseries.

2. Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

3. Foster homes for handicapped children.

4. (Reserved)

5. (Reserved)[1]

[1] Editor's Note: Former Subsection (C)(5), regarding group homes for the developmentally disabled, was repealed 10-10-2016 by Ord. No. 2213, § 9.

6. Group homes for the elderly.

7. Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

8. Large water features.

9. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.

10. (Reserved)[2]

[2] Editor's Note: Former Subsection (C)(10), regarding mortuaries, was repealed 1-25-2021 by Ord. No. 2588.

11. Nursing homes.

12. Public utility facilities, other than local public utility facilities.

13. Residential substance abuse treatment facilities.

14. Retreats operated by educational or other not-for-profit entities.

15. Sewage treatment facilities, other than facilities permitted as an accessory use.

16. Satellite dishes [see provisions of Section 415.380(R)].

16a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

17. Specialized private schools.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

a. The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

b. The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

c. The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels. Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150 City of Wildwood Code of Administrative Procedure.

d. The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its Toss must occur on same property, with such being consistent with the code referenced herein.

e. The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

f. The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

g. The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

h. The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Signs (directional and information).

E. Performance Standards. All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-3" Residence District shall be as set out below:

[Ord. No. 2417, 12-10-2018]

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.

2. All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

[Ord. No. 2213 § 10, 10-10-2016]

USE		MINIMUM AREA
Child-care center		30,000 square feet
Church		1 acre
Dwelling, single-family		10,000 square feet
Fire station		1/2 acre
Group living facilities for religious purposes		10,000 square feet
Library		1 acre
Local public utility facilities		10,000 square feet
Mortuary		Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district]
Residential substance abuse treatment facilities		3 acres (except 5 acres for a facility of more than 8 resident patients)
Police station		10,000 square feet
Schools
	Nursery or day nursery	15,000 square feet
	Kindergarten (separate)	1 acre
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than ten thousand (10,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.

d. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

e. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Minimum Yard Requirements — General.

a. Front Yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

b. Side Yard. No structure shall be allowed within ten (10) feet of any side property line.

c. Rear Yard. No structure shall be allowed within thirty (30) feet of any rear property line.

3. Specific Yard Requirements And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

c. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

h. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

4. Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.

b. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

5. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

J. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

K. No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude an allowable Home Occupation, as set forth in the City of Wildwood Zoning Ordinance.

[Ord. No. 2718, 8-8-2022]

Section 415.150 "R-4" Residence District Regulations.

[R.O. 1997 § 415.150; Ord. No. 1324 App. A § 1003.117, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. Dwellings, single-family (for group homes, please see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

3. Home occupations.

4. Libraries, public or private not-for-profit.

5. Parks, parkways and playgrounds, public or private not-for-profit.

6. Police stations and fire stations.

7. Schools, public or private kindergarten, elementary, secondary and collegiate.

8. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Child-care centers, nursery schools and day nurseries.

2. Private not-for-profit clubs and private not-for-profit recreational land uses and community centers.

3. Foster homes for handicapped children.

4. (Reserved)

5. (Reserved)[1]

[1] Editor's Note: Former Subsection (C)(5), regarding group homes for the developmentally disabled, was repealed 10-10-2016 by Ord. No. 2213 § 11.

6. Group homes for the elderly.

7. Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

8. Large water features.

9. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.

10. (Reserved)[2]

[2] Editor's Note: Former Subsection (C)(10), regarding mortuaries, was repealed 1-25-2021 by Ord. No. 2588.

11. Nursing homes.

12. Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.

13. Public utility facilities, other than local public utility facilities.

14. Residential substance abuse treatment facilities.

15. Retreats operated by educational or other not-for-profit entities.

16. Satellite dishes [see provisions of Section 415.380(R)].

17. Sewage treatment facilities, other than facilities permitted as an accessory use.

17a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

18. Specialized private schools.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

a. The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

b. The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

c. The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels. Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150 City of Wildwood Code of Administrative Procedure.

d. The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its loss must occur on same property, with such being consistent with the code referenced herein.

e. The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

f. The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

g. The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

h. The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Signs (directional and information).

E. Performance Standards. All uses in the "R-4" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-4" Residence District shall be as set out below:

[Ord. No. 2417, 12-10-2018]

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.

2. All other structures, other than a public utility tower authorized by a conditional use permit or wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-4" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

[Ord. No. 2213 § 12, 10-10-2016]

USE		MINIMUM AREA
Child-care center		30,000 square feet
Church		1/2 acre
Dwelling, single-family		7,500 square feet
Fire station		1/2 acre
Group living facilities for religious purposes		7,500 square feet
Library		1 acre
Local public utility facilities		7,500 square feet
Mortuary		Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district]
Residential substance abuse treatment facilities		3 acres (except 5 acres for a facility of more than 8 resident patients)
Parking lot		7,500 square feet
Police station		10,000 square feet
Schools
	Nursery or day nursery	15,000 square feet
	Kindergarten (separate)	1 acre
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres

b. Any lot or tract of record on the effective date of this Chapter, which contains less than seven thousand five hundred (7,500) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

c. Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than seven thousand five hundred (7,500) square feet.

d. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

e. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations.

2. Minimum Yard Requirements — General.

a. Front Yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

b. Side Yard. No structure shall be allowed within ten (10) feet of any side property line.

c. Rear Yard. No structure shall be allowed within thirty (30) feet of any rear property line.

3. Specific Yard Regulations And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

c. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

h. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

i. Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and twenty-five (25) feet from any adjoining property in a "PS," "NU" or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a "PS," "NU" or "R" District using fences, berms or landscaping.

4. Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.

b. No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

5. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

J. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

K. No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude an allowable Home Occupation, as set forth in the City of Wildwood Zoning Ordinance.

[Ord. No. 2718, 8-8-2022]

Section 415.160 "R-6A" Residence District Regulations.

[R.O. 1997 § 415.160; Ord. No. 1324 App. A § 1003.120, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]

A. Scope Of Provisions. This Section contains the district regulations of the "R-6A" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Churches.

2. (Reserved)

3. Dwellings, single-family and two-family (for group homes, please see definition of single-family dwelling).

[Ord. No. 2588, 1-25-2021]

4. Dwellings, multiple-family, row houses and other group-house arrangements of attached or detached buildings.

5. Home occupations.

6. Libraries, public or private not-for-profit.

7. Parks, parkways and playgrounds, public or private not-for-profit.

8. Police stations and fire stations.

9. Schools, public or private kindergarten, elementary, secondary and collegiate.

10. Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Child-care centers, nursery schools and day nurseries.

2. Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.

3. Dormitory or group living facilities for religious, educational or charitable purposes.

4. Foster homes for handicapped children.

5. Large water features.

6. Group homes for the elderly.

7. Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

8. (Reserved)[1]

[1] Editor's Note: Former Subsection (C)(8), regarding home trailer parks and camps, was repealed 1-25-2021 by Ord. No. 2588.

9. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.

10. Nursing homes.

11. Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.

12. Public utility facilities, other than local public utility facilities.

13. Residential substance abuse treatment facilities.

14. Retreats operated by educational or other not-for-profit entities.

15. Satellite dishes [see provisions of Section 415.380(R)].

16. Sewage treatment facilities, other than facilities permitted as an accessory use.

16a. Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014]

17. Specialized private schools.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels [roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only], wind generators and similar devices.

[Ord. No. 2028 §§ 1 — 2, 4, 8-25-2014; Ord. No. 2562, 8-10-2020]

a. The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.

b. The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.

c. The verification of notification by the property owner to the applicable Homeowners Association representatives shall be provided to the City of Wildwood, with any application for the installation of a solar energy system panels. Absence of said verification shall negate any action on the application, with appeal of said to the Planning and Zoning Commission, all being in accordance with Chapter 150 City of Wildwood Code of Administrative Procedure.

d. The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard. Removal of any "Grand Tree," as defined in Chapter 440 of the City of Wildwood Municipal Code, Tree Preservation and Restoration Code, shall only be authorized by a permit issued by the Department of Planning and the restoration of its loss must occur on same property, with such being consistent with the code referenced herein.

e. The City shall not issue any permit for the installation of a solar energy system until the applicable fire district has provided comments and identified any action and/or requirements on its part.

f. The installation of any solar energy system shall meet or exceed all building and other code discipline requirements, set forth therein, specific, and associated with, the installation for solar energy system.

g. The landscaping of areas in conjunction with certain solar energy systems installations may be required by the City of Wildwood. Said landscaping design shall comply with Chapter 440, Tree Preservation and Restoration Code of the City of Wildwood Municipal Code.

h. The property owner is responsible for any general maintenance of an installed solar energy system and shall also provide the City of Wildwood notification in the form of a written communication, if it is abandoned, becomes inoperable, or removed from the property.

2. Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

3. Signs (directional and information).

E. Performance Standards. All uses in the "R-6A" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in the "R-6A" Residence District shall be as set out below:

[Ord. No. 2417, 12-10-2018]

1. No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.

2. All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-6A" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

1. Minimum Lot Area Requirements.

a. The following permitted and conditional land uses shall be situated on tracts of land providing areas not less than those set out below:

USE		MINIMUM AREA
Child-care center		30,000 square feet
Church		1/2 acre
Dwelling, two-family		4,500 square feet per unit
Dwelling, three-family		4,000 square feet per unit
Dwelling, multiple-family		4,000 square feet per unit
Fire station		1/2 acre
Group living facilities for religious purposes		4,500 square feet
Library		1/2 acre
Local public utility facilities		10,000 square feet
Residential substance abuse treatment facilities		3 acres (except 5 acres for a facility of more than 8 resident patients)
Parking lot		10,000 square feet
Police station		10,000 square feet
Schools
	Nursery or day nursery	15,000 square feet
	Kindergarten (separate)	1 acre
	Primary	5 acres
	Junior high	10 acres
	Senior high	20 acres
	Collegiate	10 acres

b. (Reserved)

c. Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.

d. Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).

e. All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

2. Minimum Yard Requirements.

a. Front Yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

b. Side Yard. No unattached side of an attached single-family dwelling or structure accessory to an attached single-family dwelling, except as noted, shall be allowed within five (5) feet of any side property line. Detached garages accessory to attached single-family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line.

c. Rear Yard. No structure, including single-family attached dwellings, but not detached garages accessory to attached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line. Detached garages accessory to attached single-family dwellings shall be a minimum of three (3) feet from any rear property line. Detached garages accessory to attached single-family dwellings shall be a minimum of three (3) feet from any rear property line.

3. Distances Between Buildings. No wall of any separate (detached) structure shall be located closer to any wall of another structure than as set out in the following table:

WALLS	FRONT	SIDE	REAR	WALLS OF DETACHED ACCESSORY BUILDINGS
Front	50 feet plus additional 10 feet for each story over 2 stories	30 feet except 20 feet if side wall has no windows	100 feet	30 feet
Side	30 feet except 20 feet if side wall has no windows	20 feet	30 feet	10 feet
Rear	100 feet	30 feet	50 feet	20 feet

Any dimension given above shall include the side yard required for an attached single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.

4. Specific Yard Requirements And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:

[Ord. No. 2741, 11-14-2022]

(1) The boundary wall or fence is six (6) feet or less in height.

(2) The boundary wall or fence is not located within the sight distance triangle.

(3) The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.

(4) The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.

(5) The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.

(6) The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.

(7) Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.

(8) Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.

c. Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

g. If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

h. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

i. Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and twenty-five (25) feet from any adjoining property in a "PS," "NU" or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a "PS," "NU" or "R" District using fences, berms or landscaping.

5. Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.

a. Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.

b. No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.

d. Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.

6. Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.

a. Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.

b. No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

c. No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.

d. Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

J. Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:

1. Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.

2. All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.

3. No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.

4. The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.

5. As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.

K. No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude an allowable Home Occupation, as set forth in the City of Wildwood Zoning Ordinance.

[Ord. No. 2718, 8-8-2022]

Section 415.170 "C-1" Neighborhood Business District Regulations.

[R.O. 1997 § 415.170; Ord. No. 1324 App. A § 1003.131, 8-14-2006; Ord. No. 1527 § 1, 7-14-2008]

A. Scope Of Provisions. This Section contains the district regulations of the "C-1" Neighborhood Business District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-1" Neighborhood Business District encompasses areas located within or near residential communities wherein may be located certain limited sales and service facilities that constitute a convenience to residents in the immediate neighborhood.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Apartment dwelling units in buildings primarily designated for occupancy by one (1) or more of the commercial uses permitted in this Subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the permitted use or uses and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit shall be provided on the premises for the exclusive use of the occupants of such apartment.

2. Barbershops, beauty parlors, nail salons, spas, and other personal care activities.

[Ord. No. 2588, 1-25-2021]

3. Child-care centers, nursery schools and day nurseries.

4. Dry cleaning drop-off and pickup stations, not including drive-through facilities.

5. (Reserved)[1]

[1] Editor's Note: Former Subsection (B)(5), regarding film drop-off and pickup stations, was repealed 1-25-2021 by Ord. No. 2588.

6. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.

7. Offices and office buildings for accountants, bookkeepers, architects, engineers, planners, financial consultants, income tax preparers, insurance salespersons, lawyers, real estate salespersons, real estate brokers and real estate appraisers.

8. Police, fire and postal stations.

9. Service facilities, studios or work areas for artists, candy makers, dressmakers, tailors, music teachers, dance teachers, typists and stenographers. Goods and services associated with these uses may be sold or provided directly to the public on the premises.

10. Stores and shops in which food stuff, beverages, pharmaceutical, household supplies and personal use items are sold directly to the public for consumption elsewhere than on the premises. Drive-through facilities or restaurants are not permitted.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. All permitted land uses and developments set forth in Subsection (B) which exceed one (1) story or twenty (20) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.

2. Apartment dwelling units in buildings primarily designated for occupancy by one (1) or more of the commercial uses allowed by conditional use permits in this Subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the use or uses allowed by conditional use permit and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit shall be provided on the premises for the exclusive use of the occupants of such apartment.

3. Financial institutions, including drive-through facilities.

[Ord. No. 2588, 1-25-2021]

4. Medical and dental offices.

5. Parking areas, including garages, for automobiles, but not including any sales of automobiles or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours.

5a. Payday loan establishments [cannot be located within two thousand six hundred forty (2,640) feet of a similar payday loan establishment or two hundred (200) feet of an occupied residential unit].

6. Public utility facilities, other than local public utility facilities.

7. Restaurants and shops in which foodstuffs or beverages are sold directly to the public for consumption on the premises. Fast-food restaurants, drive-through facilities or taverns are not permitted.

8. Satellite dishes [see provisions of Section 415.380(R)].

9. Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.

10. Service facilities, studios or work areas for antique salespersons, craft persons, including cabinet makers, film processors, fishing tackle and bait shops and souvenir sales. Goods and services associated with the above may be sold or provided directly to the public on the premises.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Associated work and storage areas required by a business, firm or service to carry on business operations.

2. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

3. Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses.

4. Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.

5. Signs (business, directional and information).

E. Performance Standards. All uses in the "C-1" Neighborhood Business District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in this district shall be as follows:

[Ord. No. 2417, 12-10-2018]

1. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure, including roof top mechanical equipment attached to such structure, shall not exceed one (1) story or twenty (20) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by a conditional use permit.

2. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure authorized by conditional use permit, not including a wireless support structure, disguised support structure, or substantial modification thereof authorized by a conditional use permit, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure. A public utility tower authorized by a conditional use permit may be erected to any height not in conflict with the application of regulations in Section 415.240, Air Navigation Space Regulations.

3. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet AGL in height, whichever is less.

G. Minimum Lot Area Requirements. Every lot or tract of land shall have an area comprising not less than six thousand (6,000) square feet. Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use, shall be situated on tracts of land at least ten thousand (10,000) square feet in area.

H. Development Limitations.

1. Not more than thirty percent (30%) of the total area of any lot or tract of land in this district shall be covered by structures.

2. The total gross floor area devoted to any single use or contained within any building shall not exceed ten thousand (10,000) square feet.

3. Only one (1) freestanding building shall be permitted on each lot or tract of land. This limitation shall not include buildings used for accessory uses.

4. Not more than one (1) apartment dwelling unit in buildings primarily designated for occupancy by commercial uses shall be permitted on each lot or tract of land. This limitation shall not include dwelling or lodging units permitted as accessory uses.

I. Minimum Yard Requirements.

1. Front Yard — General. No structure is allowed within twenty (20) feet of any roadway right-of-way line.

2. Front Yard — Specific Regulations And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. When the minimum front yard setback of one (1) or more "R" Residence District zoned properties adjoining either side of a lot in this district is greater than twenty (20) feet, the required minimum front yard setback shall be the same as the most restrictive adjoining "R" Residence District.

c. Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.

d. Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.

e. Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.

f. Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

g. Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning.

3. Side And Rear Yards — General. No structure is allowed within thirty (30) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

4. Side And Rear Yards — Specific Regulations And Exceptions.

a. Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.

b. Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

c. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

J. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

K. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

Section 415.180 "C-2" Shopping District Regulations.

[R.O. 1997 § 415.180; Ord. No. 1324 App. A § 1003.133, 8-14-2006; Ord. No. 1527 § 1, 7-14-2008]

A. Scope Of Provisions. This Section contains the district regulations of the "C-2" Shopping District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-2" Shopping District encompasses areas wherein may be located such stores and service facilities as will provide a wide range of goods and services usually used, consumed or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the general public.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Auditoriums and other facilities for public assembly (building footprint to exceed forty thousand (40,000) square feet).

[Ord. No. 2588, 1-25-2021]

2. Child-care centers, nursery schools and day nurseries.

3. Churches.

4. Clubs, lodges and meeting rooms.

5. (Reserved)[1]

[1] Editor's Note: Former Subsection (B)(5), regarding financial institutions, was repealed 1-25-2021 by Ord. No. 2588.

6. Libraries and reading rooms.

7. Local public utility facilities:

a. Provided that any installation, other than poles and equipment attached to the poles, shall be:

(1) Adequately screened with landscaping, fencing or walls or any combination thereof; or

(2) Placed underground; or

(3) Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

b. All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.

8. Medical and dental offices.

9. Mortuaries.

10. Offices or office buildings.

11. Parking areas, including garages, for automobiles, but not including any sales of automobiles or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours.

12. Police, fire and postal stations.

13. Recreational facilities, including indoor theaters, but not including drive-in theaters, golf practice driving ranges and outdoor swimming pools.

14. Restaurants, including fast-food restaurants except those which provide drive-through service or those which constitute the only use in a freestanding building.

15. Fast-food restaurants selling only ice cream products, yogurt or similar dairy dessert products and soft drinks.

16. Schools for business, professional or technical training, but not including outdoor areas for driving or heavy equipment training.

17. Stores, shops, markets, service facilities and automatic vending facilities in which goods or services of any kind, including personal, are offered for sale or hire to the general public on the premises.

[Ord. No. 2588, 1-25-2021]

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. All permitted land uses and developments set forth in Subsection (B) which exceeds two (2) stories or forty (40) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.

2. ATM - Freestanding.

[Ord. No. 2588, 1-25-2021]

3. Animal hospitals and veterinary clinics, not including open kennels and exercise yards.

4. Apartment dwelling units in buildings primarily designated for occupancy by commercial purposes. A minimum of eight hundred (800) square feet of contiguous open space per dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling units shall be provided on the premises for the exclusive use of the occupants of such apartments.

5. Car washes for automobiles.

6. Fast-food restaurants excluded as a permitted use in this zoning district.

6a. Food truck park.

[Ord. No. 2588, 1-25-2021]

7. Filling stations for automobiles.

8. Financial institutions with drive-through facilities.

9. Highway Department garages.

10. Hospitals and hospices.

11. Hotels, including customary services for guests.

12. Outpatient substance abuse treatment facilities.

12a. Payday loan establishments [cannot be located within two thousand six hundred forty (2,640) feet of a similar payday loan establishment or two hundred (200) feet of an occupied residential unit].

12b. Philanthropic institutions and other not-for-profits.

[Ord. No. 2588, 1-25-2021]

13. Public utility facilities, other than local public utility facilities.

14. Satellite dishes [see provisions of Section 415.380(R)].

15. Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.

15a. Thrift stores.

[Ord. No. 2588, 1-25-2021]

16. Vehicle service centers for automobiles.

17. Vehicle repair facilities for automobiles.

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Associated work and storage areas required by any business, firm or service to carry on business operations.

2. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

3. Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses.

4. Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.

5. Signs (business, directional, information and portable or temporary).

E. Performance Standards. All uses in the "C-2" Shopping District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. The maximum height of structures in this district shall be as follows:

[Ord. No. 2417, 12-10-2018]

1. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure other than a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, including roof top mechanical equipment attached to such structure, shall not exceed two (2) stories or forty (40) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by conditional use permit.

2. Total height of any structure authorized by conditional use permit shall be authorized by specific conditions of the permit; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.

G. Minimum Lot Area Requirements.

1. Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet.

2. Churches shall be situated on tracts of land at least one-half (1/2) acre in area.

3. Hospitals shall be situated on tracts of land at least five (5) acres in area.

4. Any lot or tract of record on the effective date of this Chapter, which contains less area than herein specified, may be used as a site for only one (1) use listed in Subsection (B), together with related parking areas and accessory uses and developments. In addition, an outdoor advertising sign may be authorized on such a lot by conditional use permit.

H. Development Limitations.

1. Not more than twenty-five percent (25%) of the total area of any lot or tract of land in this district shall be covered by structures.

2. The total gross floor area devoted to any one (1) business, firm or service shall not exceed thirty thousand (30,000) square feet.

3. The capacity of auditoriums, churches, clubs, lodges, meeting rooms, libraries, reading rooms, theatres or any other facility for public assembly shall not exceed one thousand (1,000) persons.

4. Outpatient substance abuse treatment facilities shall maintain a minimum separation of a one (1) mile radius between each facility.

I. Minimum Yard Requirements.

1. Front Yard — General. No structure is allowed within fifteen (15) feet of any roadway right-of-way line.

2. Front Yard — Specific Regulations And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.

c. Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.

e. Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning.

3. Side And Rear Yards — General. No structure is allowed within thirty (30) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

4. Side And Rear Yards — Specific Regulations And Exceptions.

a. Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.

b. Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

c. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

J. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

K. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

Section 415.190 "C-8" Planned Commercial District.

[R.O. 1997 § 415.190; Ord. No. 1324 App. A § 1003.145, 8-14-2006; Ord. No. 1527 § 1, 7-14-2008]

A. Scope Of Provisions. This Section contains the district regulations of the "C-8" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, in the Subdivision Code of the City[1] and other applicable City ordinances which are incorporated as part of this Section by this reference. The Planned Commercial District may be described in the manner outlined below.

[1] Editor's Note: See Ch. 420, Subdivision and Development Regulations.

B. Purpose. The "C-8" Planned Commercial District encompasses areas where developments and uses permitted in any of the other "C" Commercial Districts may be located. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare, while promoting an environmentally sensitive design of improvements reflecting the natural characteristics of the site.

C. Establishment.

1. A Planned Commercial District may be established on a tract of land in single ownership or management control provided that:

a. The preliminary development plan and the application for change of zoning are approved by the City Council;

b. A site development plan is approved by the Planning Commission and recorded in compliance with requirements of this Section; and

c. The schedule of construction is complied with in accordance with the requirements of this Section.

2. A Planned Commercial District may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.

3. A Planned Commercial District shall not be established on any tract of land less than one (1) acre that has a common property line with any "R" Residence District or "NU" Non-Urban Residence District and does not have a common property line with any "C" Commercial or "M" Industrial District. However, this requirement shall not apply to properties of less than one (1) acre which are in a "C" Commercial or "M" Industrial District.

D. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Subject only to approval of a site development plan by the Planning Commission:

a. Police, fire and postal stations.

b. Local public utility facilities.

c. Accessory uses incident to the above uses.

2. Permitted land use and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District; specific uses may include those uses designated as permitted, accessory or conditional in any of the "C" Commercial Districts" and any land use activity defined in the Town Center Regulating Plan under the categories of commercial, workplace, neighborhood center and neighborhood general.

E. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

1. Satellite dishes [see provisions of Section 415.380(R)].

2. Payday loan establishments [cannot be located within two thousand six hundred forty (2,640) feet of a similar payday loan establishment or two hundred (200) feet of an occupied residential unit].

F. Performance Standards. All uses established in a Planned Commercial District shall operate in accord with performance standards contained in Section 415.250, Zoning Performance Standard Regulations. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Commercial District.

G. Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure shall be limited by the conditions of the ordinance governing the particular Planned Commercial District or, in the case of a wireless support structure, disguised support structure or the substantial modification thereof, as authorized by Chapter 430 of the City Code.

[Ord. No. 2417, 12-10-2018]

H. Development Standards. The development standards and requirements for land uses in this district shall be as follows:

1. Minimum Lot Area. No minimum lot area shall be required for this district, except as specified in Section 415.190, but lot dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinance governing the particular Planned Commercial District.

2. Development Limitations. Not more than one (1) dwelling unit per each twelve thousand (12,000) square feet of lot area designated for such use shall be permitted in structures containing offices with affiliated dwelling units.

3. Minimum Yard Requirements — General. Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Commercial District.

4. Particular Yard Requirements.

a. No parking area, internal drive, loading space or structure shall be permitted within forty (40) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. In addition to the minimum forty (40) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.

b. Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Commercial District.

5. Off-Street Parking And Loading Requirements. The off-street parking and loading requirements for any use or building in a Planned Commercial District shall be the same as any other "C" Commercial District as set forth in Section 415.280, Off-Street Parking and Loading Requirements — General, unless otherwise established in the ordinance governing the particular Planned Commercial District.

6. Natural Resources And Tree Preservation Standards. The natural resource protection standards set forth in Section 420.200 and the tree canopy requirements established by the Tree Preservation Code[2] may be modified in the conditions of the ordinance governing the particular Planned Commercial District pursuant to Subsection (J).

[2] Editor's Note: See Ch. 410, Tree Preservation and Restoration Requirements.

7. Design Specifications For Public And Other Required Improvements. The otherwise applicable specifications for public or other required improvements may be modified in the conditions of the ordinance governing the particular Planned Commercial District pursuant to Subsection (J).

I. Sign Regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Commercial District in accord with the provisions of Section 415.400, Sign Regulations — General. However, in no instance shall these requirements be less restrictive than sign regulations for any of the other "C" Commercial Districts.

J. Standards For Modifications.

1. No development standard shall be established pursuant to Subsection (H)(1) through (5) that lessens a regulation otherwise applicable to other "C" Commercial Districts and no modification shall be approved of an otherwise applicable development regulation pursuant to Subsections (H)(6) through (7) unless, after review by the Planning and Zoning Commission and Director of Planning, the City Council shall determine the proposed standard or modification:

a. Will achieve the specific purposes a "C-8" is intended to meet as a condition of its approval pursuant to this Section;

b. Will not violate the general purposes, goals and objectives of the zoning and subdivision ordinances, other applicable development regulations and the City of Wildwood Master Plan; and

c. Will address any negative impacts that may result from such lesser standard or modification through appropriate mitigating actions.

2. No modifications shall be implied and all such modifications shall be expressly set forth with reference to the authority in this Subsection.

K. Procedure For Establishment Of "C-8" Or Approval Of Site Plan In Existing "C-8." In order to establish a Planned Commercial District through a change of zoning or to obtain approval of a site development plan in order to utilize land in an established Planned Commercial District, the procedure shall be as follows:

1. Application. The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the City Council on forms prescribed for this purpose by the Planning Commission. These forms are to be submitted to the Department of Planning and accompanied by the following:

a. Filing fee per requirements of Section 415.550, Fees;

b. Legal description of the property;

c. Outboundary plat of the property;

d. Preliminary development plan depicting, but not limited to, the following:

(1) Proposed Uses. In single-lot developments approximate location of buildings and other structures as well as parking areas shall be indicated. In multiple-lot developments, conceptual locations and configuration of buildings, approximate locations of common ground areas, major utility easements and stormwater retention areas shall be indicated.

(2) Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.

(3) Approximate location of all isolated trees having a trunk diameter of six (6) inches or more than one (1) foot above grade, all tree masses and proposed landscaping.

(4) Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

(5) Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.

(6) Preliminary plan for sanitation and drainage facilities.

2. Public Hearing. A public hearing on the petition shall be held in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance; provided, however, a public hearing shall be set within forty-five (45) days of a determination by the Department of Planning that a fully conforming petition, fee and related plan, documents and required information has been submitted to and received by the Department of Planning.

3. Planning Commission Recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Commercial District or approval of the site development plan in a Planned Commercial District. Such conditions shall include, but not be limited to, the following:

a. Permitted uses, including maximum floor area;

b. Performance standards;

c. Height limitations;

d. Minimum yard requirements;

e. Off-street parking and loading requirements;

f. Sign regulations;

g. Minimum requirements for site development plans;

h. Time limitations for commencement of construction.

i. Impact fees or dedications reasonably attributable and proportional to the impact or costs resulting from the proposed development.

4. Site Development Plans.

a. After passage by the City Council of an ordinance authorizing the establishment of a Planned Commercial District and requiring submission of a site development plan, such plans shall be submitted in accord with the following provisions. No building permits in authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.

b. Plans shall be submitted to the Planning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Commercial District and, further, shall comply with provisions of Chapter 420, Subdivision and Development Regulations, and other applicable ordinances.

c. Within sixty (60) days of approval, the site development plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon with a copy to be filed with the City of Wildwood.

L. Procedure For Amendment Of Conditions Or Plans. In order to amend the provisions of an existing "C-8" District ordinance or to amend the recorded site development plan approved for the Planned Commercial District, the procedure shall be as follows:

1. To amend the "C-8" District ordinance:

a. The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b. If the Department of Planning determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Department shall so report to the Planning Commission. The Planning Commission shall review the request and the report of the Department and then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.

c. If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

2. To amend the recorded site development plan or site development concept plan approved for the Planned Commercial District:

a. The property owner or authorized representative shall submit an amended site development (concept) plan to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and the preliminary development plan approved by the City Council.

b. If the Department of Planning determines that the proposed amendment to the site development plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the Planned Commercial District ordinance, said plan shall be reviewed and approved by the Planning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

c. If the Department of Planning determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised and the preliminary development plan and meets all conditions of the Planned Commercial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning. However, when conditions of a particular Planned Commercial District ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

d. If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

e. All amendments to site development concept plans shall be reviewed and approved by the Planning Commission and shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

f. The Planning Commission may approve partial amended site development plans, site development concept plans and site development section plans for developments approved prior to enactment of this Chapter when the conditions of the ordinance governing such particular "C-8" Planned Commercial District do not permit review of development plans in accord with the provisions of this Section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

3. To Amend A Site Development Section Plan Approved For A Planned Commercial District. If the Department of Planning determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the Planned Commercial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.

4. Appeal To Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal a decision by the Department of Planning, in cases where the Department of Planning is authorized to review development plans, to the Planning Commission. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.

M. Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a particular Planned Commercial District, no building permits or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued nor shall be effective until required related off-site improvements are constructed or cash or a surety bond is posted covering their estimated cost as determined by the Department of Planning. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Commercial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.

N. Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Commercial District, unless such time period is extended by the Planning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Director of Planning and Parks shall notify the Planning Commission within forty-five (45) days of that date to initiate a resolution of intent for the purpose of a new public hearing reverting the property to its prior zoning classification in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above-noted Section.

Section 415.200 "M-1" Industrial District Regulations.

[R.O. 1997 § 415.200; Ord. No. 1324 App. A § 1003.151, 8-14-2006; Ord. No. 1457 § 1, 12-10-2007; Ord. No. 1553 § 1, 9-8-2008]

A. Scope Of Provisions. This Section contains the district regulations of the "M-1" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "M-1" Industrial District encompasses areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions and adequate provision of public utility facilities required by industry.

B. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

[Ord. No. 2417, 12-10-2018]

1. Agriculturally-based businesses, including the retail sales of vegetables, fruits and closely related goods, as part of a produce stand, along with corn mazes and other recreational facilities complementing the growing and raising of crops.

2. Athletic fields, not including lighting.

3. Business, professional and technical training schools.

4. Gymnasiums, indoor swimming pools, indoor handball and racquetball courts (public or private) and indoor and unlighted outdoor tennis courts (public or private).

5. Laundries and dry cleaning plants, not including personal and individual drop-off and pickup service.

6. Manufacturing, fabrication, assembly, processing or packaging of any commodity from semi-finished materials, except explosives or flammable gases or liquids.

7. Offices or office buildings.

8. Parking areas, including garages.

9. Police, fire and postal stations.

10. Printing and duplicating services.

11. Public utility facilities.

12. Radio, television and communication studios, transmitting or relay towers, antennas and other such facilities no greater in height than two hundred (200) feet above the average finished ground elevation at the perimeter of such structure.

13. Railroad switching yards.

14. Research laboratories and facilities.

15. Sales and renting of equipment and vehicles used by business, industry and agriculture, excluding retail automobile sales.

16. (Reserved)

17. Terminals for trucks, buses, railroads and watercraft.

18. Union halls and hiring halls.

19. Wholesaling or warehousing of manufactured commodities except live animals, explosives or flammable gases.

20. Wireless support structures, disguised support structures or substantial modifications thereof that are no greater in height than two hundred (200) feet AGL.

21. Yards for storage of contractors' equipment, materials and supplies, excluding junk yards and salvage yards.

C. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

[Ord. No. 2201, 8-8-2016; Ord. No. 2353, 4-9-2018; Ord. No. 2417, 12-10-2018]

1. Airports, landing strips and heliports.

2. Athletic fields, including lighting.

3. Business service establishments.

4. Filling stations, including emergency towing and repair services.

5. (Reserved)

6. Manufacturing of explosives and flammable gases and liquids.

7. Radio, television and communication studios, transmitting or relay towers, antennas and other such facilities greater in height than two hundred (200) feet above the average finished ground elevation at the perimeter of such structure.

7a. Recycling centers.

[Ord. No. 2588, 1-25-2021]

8. Restaurants.

9. Sales yards operated for a charitable purpose by a church, school or other not-for-profit organization.

10. Satellite dishes [see provisions of Section 415.380(R)].

11. Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days and involving no auto repair and no salvage or sale of automobile parts. A ten-foot high sightproof fence shall be provided along all limits of the property.

12. Sewage treatment facilities.

13. Vehicle repair facilities.

14. Vehicle service centers.

15. Warehousing, storage or wholesaling of live animals, explosives or flammable gases and liquids.

16. Wireless support structures, disguised support structures or substantial modifications thereof that are greater in height than two hundred (200) feet AGL.

17. Churches shall be allowed on tracts of land of at least one (1) acre in area.

18. Sexually oriented businesses.

19. Tattoo parlors.

20. Vapor lounges.

21. Medical marijuana dispensary facility.

[Ord. No. 2499, 9-23-2019]

22. Medical marijuana cultivation facility.

[Ord. No. 2499, 9-23-2019]

23. Medical marijuana-infused products manufacturing facility.

[Ord. No. 2499, 9-23-2019]

24. Medical marijuana testing facility.

[Ord. No. 2499, 9-23-2019]

D. Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:

1. Devices for the generation of energy, such as solar panels, wind generators and similar devices.

2. Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.

3. Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.

4. Signs (business, directional and information).

E. Performance Standards. All uses in the "M-1" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.

F. Height Limitations For Structures. Radio, television, public utility and communication towers, wireless support structures and disguised support structures permitted in this district or authorized by conditional use permit may be erected, or substantially modified, to any height as authorized by Chapter 430 of the City Code not in conflict with the provisions of Section 415.240, Air Navigation Space Regulations. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, of this Chapter, the total height of any other structure, not including roof top mechanical equipment attached to such structures, shall not exceed two hundred (200) feet above the average finished ground elevation at the perimeter of such structure.

[Ord. No. 2417, 12-10-2018]

G. Lot Area And Yard Requirements. The lot area and yard requirements in the "M-1" Industrial District shall be as follows:

1. Minimum Lot Area Requirements. Towed vehicle storage yards shall be situated on tracts of land at least one (1) acre in area. No minimum lot area is established for other uses in this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section.

2. Front Yard — General. No structure is allowed within thirty (30) feet of any roadway right-of-way line.

3. Front Yard — Specific Regulations And Exceptions.

a. Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

b. Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.

c. Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.

d. Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.

e. Light standards for parking lot lighting and freestanding business signs are allowed no closer than twenty-five (25) feet from any roadway right-of-way line.

f. Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning.

g. Required fencing for towed vehicle storage yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning.

h. Any area used for the outdoor storage or display of merchandise, equipment or vehicles which is located opposite and visible from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be effectively screened by a six (6) foot high sightproof fence if determined necessary and required by the Department of Planning on review of a site plan for such use. The Department of Planning may approve the use of topographic features, landscaping or walls in lieu of fencing where such alternates are determined to be appropriate.

4. Side Yards And Rear Yards — General. No structure or any storage or display of materials, equipment or vehicles is allowed within ten (10) feet of any side or rear property line.

5. Side Yards And Rear Yards — Specific Regulations And Exceptions.

a. No structure or any storage or display of merchandise, equipment or vehicles is allowed within twenty-five (25) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

b. Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit or wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, radio, television, public utility and communication tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.

[Ord. No. 2417, 12-10-2018]

c. Any area used for the outdoor storage or display of merchandise, equipment or vehicles which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be effectively screened by a six (6) foot high sightproof fence located no closer than ten (10) feet from said adjoining property line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping or walls in lieu of fencing where such alternates will achieve comparable effect.

d. Required fencing for towed vehicle storage yards shall be located no closer than twenty-five (25) feet from any adjoining property line. This setback shall be adequately landscaped as approved on a plan by the Department of Planning.

e. All other boundary walls or fences six (6) feet in height or less are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

f. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.

H. Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.

I. Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General.

Section 415.210 "M-3" Planned Industrial District.

[R.O. 1997 § 415.210; Ord. No. 1324 App. A § 1003.155, 8-14-2006]

A. Scope Of Provisions. This Section contains the district regulations of the "M-3" Planned Industrial District. The regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, in the Subdivision Code of the City[1] and other applicable City ordinances which are incorporated as part of this Section by this reference. The Planned Industrial District may be described in the manner outlined below.

[1] Editor's Note: See Ch. 420, Subdivision and Development Regulations.

B. Purpose. The "M-3" Planned Industrial District of the City of Wildwood encompasses areas wherein may be located developments and uses permitted in any of the other "M" Industrial Districts and such development and use designated in the "C" Commercial Districts as may be specifically related to a particular industrial activity or complex. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses not provided for in other "M" Industrial Districts or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare, while promoting an environmentally sensitive design or improvements reflecting the natural characteristics of the site.

C. Establishment.

1. A Planned Industrial District may be established on a tract of land in single ownership or management control provided that:

a. The preliminary development plan and the application for change of zoning are approved by the City Council;

b. A site development plan is approved by the Planning Commission and recorded in compliance with requirements of this Section; and

c. The schedule of construction is complied with in accordance with the requirements of this Section.

2. A Planned Industrial District may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for industrial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "M" Industrial Districts.

D. Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:

1. Subject only to approval of a site development plan by the Planning Commission:

a. Police, fire and postal stations.

b. Local public utility facilities.

c. Correctional institutions.

d. Accessory uses incident to the above uses.

2. Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular Planned Industrial District; specific uses may include uses designated as permitted, accessory or conditional uses in any of the "M" Industrial Districts and those uses in the "C" Commercial Districts which are specifically related to a particular industrial activity or complex.

E. Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:

[Ord. No. 2201 § 4, 8-8-2016; Ord. No. 2353, 4-9-2018]

1. Satellite dishes [provisions of Section 415.380(R)].

2. Sexually oriented businesses.

3. Tattoo Parlors [any establishment whose principle activity, either in terms of its operation or as offered to the public from its licensed space, is the practice of one (1) or more of the following: (1) placing an indelible mark made on the body of another person by the insertion of a pigment under the skin; (2) placing an indelible design made on the body of another person by production of scars; (3) placing a permanent mark made on human tissue by burning with a hot iron or other instrument; or (4) the perforation of human tissue other than an ear for a non-medical purpose].

4. Vapor (Vape) Lounges [any establishment whose business is primarily devoted to the serving of electronic smoking devices for consumption on the premises, in which the gross annual revenues generated by sales of electronic smoking devices and accessories thereto are greater than fifty percent (50%) of the gross annual revenues for the establishment and the serving of food, alcohol or other goods is only incidental to the sale and consumption of such electronic smoking devices and accessories. For the purposes of this Subsection, revenues will be determined based on the previous calendar year, and, the term "electronic smoking device" shall have the same meaning as set forth in Section 210.375 of this Code].

5. Medical marijuana dispensary facility.

[Ord. No. 2499, 9-23-2019]

6. Medical marijuana cultivation facility.

[Ord. No. 2499, 9-23-2019]

7. Medical marijuana-infused products manufacturing facility.

[Ord. No. 2499, 9-23-2019]

8. Medical marijuana testing facility.

[Ord. No. 2499, 9-23-2019]

F. Performance Standards. All uses established in a Planned Industrial District shall operate in accord with performance standards contained in Section 415.250, Zoning Performance Standard Regulations. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Industrial District.

G. Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance governing the particular Planned Industrial District or in the case of a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code.

[Ord. No. 2417, 12-10-2018]

H. Lot Area And Yard Requirements. The lot area and minimum yard requirements for land uses in this district shall be as follows:

1. Minimum Lot Area. The minimum lot area requirements for any use or building in a Planned Industrial District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular Planned Industrial District.

2. Minimum Yard Requirements — General. Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Industrial District.

3. Minimum Yard Area — Specific Regulations.

a. No parking area, internal drive, loading space or structure shall be permitted within twenty (20) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. In addition to the minimum twenty (20) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.

b. Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Industrial District.

I. Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a Planned Industrial District shall not be reduced below that required for the same use in any other "M" Industrial or "C" Commercial District as set forth in Section 415.280, Off-Street Parking and Loading Requirements — General. These requirements may exceed minimum standards as required by condition where determined necessary. However, where the Planned Industrial District includes two (2) or more uses, the Planning Commission may recommend, and the City Council may approve, a total reduction of not more than twenty percent (20%) or thirty percent (30%) for developments greater than two hundred thousand (200,000) square feet of gross floor area under single ownership or management control of the required off-street parking and loading spaces where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided. The Planning Commission may recommend a further parking reduction beyond thirty percent (30%) for developments greater than three hundred thousand (300,000) square feet of gross floor area under single ownership or management control based on a similar approved study as above.

J. Sign Regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Industrial District in accord with the provisions of Section 415.400, Sign Regulations — General. However, in no instance shall they be less restrictive than sign regulations for any of the other "M" Industrial Districts.

K. Procedure For Establishment Of District Or Approval Of Site Plan In Existing "M-3." In order to establish a Planned Industrial District through a change of zoning or to obtain approval of a site development plan for a Planned Industrial District in order to utilize land in an established Planned Industrial District, the procedure shall be as follows:

1. Application. The owner or owners under contract of a lot or tract of land or his/her authorized representative shall petition the City of Wildwood on forms prescribed for this purpose by the Planning Commission. These forms shall be submitted to the Department of Planning accompanied by the following:

a. Filing fee per requirements of Section 415.550, Fees.

b. Legal description of the property.

c. Outboundary plat of the property.

d. Preliminary development plan depicting, but not limited to, the following:

(1) Proposed Uses. In single-lot developments approximate location of buildings and other structures, as well as parking areas, shall be indicated. In multiple-lot developments, conceptual location and configuration of buildings, approximate location of common ground areas, major utility easements and stormwater retention areas shall be indicated.

(2) Existing and proposed contours at intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.

(3) Approximate location of all isolated trees having a trunk diameter of six (6) inches or more one (1) foot above grade, all tree masses and proposed landscaping.

(4) Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

(5) Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.

(6) Preliminary plan for sanitation and drainage facilities.

2. Public Hearing. A public hearing on the petition shall be held in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance; provided, however, that a public hearing shall be set within forty-five (45) days of acceptance of the petition, fee and related plans and documents by the Department of Planning.

3. Planning Commission Recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. Said recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Industrial District or approval of the site development plan in a Planned Industrial District. Such conditions shall include, but not be limited to, the following:

a. Permitted uses, including maximum floor area.

b. Performance standards.

c. Height limitations.

d. Minimum yard requirements.

e. Off-street parking and loading requirements.

f. Sign regulations.

g. Minimum requirements for site development plans.

h. Time limitations for commencement of construction.

i. Impact fees or dedications reasonably attributable and proportional to the impact or costs resulting from the proposed development.

4. Site Development Plans.

a. After passage by the City Council of an ordinance authorizing the establishment of a Planned Industrial District and requiring submission of a site development plan or site development concept plan, said plans shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.

b. Plans shall be submitted to the Planning Commission for review and approval. Said plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Industrial District and, further, shall comply with provisions of Chapter 420, Subdivision and Development Regulations, and other applicable City ordinances.

c. Within sixty (60) days of approval, the site development plan or site development concept plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon with a copy to be filed with the City of Wildwood.

d. In the case of single-lot/multiple building development or multiple-lot developments where a site development concept plan is required, site development section plans shall be submitted to the Department of Planning for review and approval per individual building, lot, phase or plat representing a portion of the site development concept plan. The approved section plans shall be retained on file by the Department of Planning.

L. Procedure For Amendment Of Conditions Or Plans.

1. To Amend The "M-3" District Ordinance.

a. The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b. If the Department of Planning determines that the requested amendment is consistent in purpose and content with the nature of the original proposal as advertised, the Department shall so report to the Planning Commission. The Planning Commission shall review the request and the report of the Department, then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.

c. If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

2. To Amend The Recorded Site Development Plan Or Site Development Concept Plan Approved For The Planned Industrial District.

a. The property owner or authorized representative shall submit an amended site development (concept) plan to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and the preliminary development plan approved by the City Council.

b. If the Department of Planning determines that the proposed amendment to the site development plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the Planned Industrial District ordinance, said plan shall be reviewed and approved by the Planning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

c. If the Department of Planning determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised and the preliminary development plan and meets all conditions of the Planned Industrial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning. However, when conditions of a particular Planned Industrial District ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

d. If the Department of Planning determines that the amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

e. All amendments to site development concept plans shall be reviewed and approved by the Planning Commission and shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

f. The Planning Commission may approve partial amended site development plans, site development concept plans and site development section plans for developments approved prior to enactment of this Chapter when the conditions of the ordinance governing such particular "M-3" Planned Industrial Districts do not permit review of development plans in accord with the provisions of this Section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

3. To Amend A Site Development Section Plan Approved For A Planned Industrial District. If the Department of Planning determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the Planned Industrial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.

4. Appeal To Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal a decision of the Department of Planning, in cases where the Department of Planning is authorized to review development plans, to the Planning Commission. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.

M. Guarantee Of Improvements. Unless otherwise provided for in the conditions of a particular Planned Industrial District, no building permits or permits authorizing the occupancy or use of a building, facility, industrial or commercial establishment or service concern may be issued until required related off-site improvements are constructed or cash or a surety bond is posted covering their estimated cost as determined by the Department of Planning. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Industrial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.

N. Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Industrial District, unless such time period is extended by the Planning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Planning Commission shall within forty-five (45) days initiate a resolution of intent for the purpose of a new public hearing to revert the property to its prior zoning classification in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above-noted Section.

Section 415.220 Architectural Review Board Requirements.

[R.O. 1997 § 415.220; Ord. No. 1324 App. A § 1003.157, 8-14-2006; Ord. No. 1399 § 1, 4-23-2007; Ord. No. 2267, 5-22-2017]

A. Intent And Purpose. This Section contains the specific regulations for the establishment of the City of Wildwood's Architectural Review Board. The purpose of the Architectural Review Board is to review, comment and act upon design, function and aesthetic issues and elements relative to all buildings and structures to be constructed in the Town Center District or any other zoning district designation in the City. This review authority shall not apply to single-family dwellings not located within the Town Center District as designated on the Comprehensive Zoning Map adopted by the City Council of the City of Wildwood, Missouri. The Architectural Review Board shall also establish appropriate meeting procedures to undertake, coordinate and complete their required responsibilities in a timely manner as described by this Chapter, including participating with other boards and commissions of the City.

B. Definitions. For the purposes of this Section, the following words and phrases are defined as follows:

ARB

The City of Wildwood Architectural Review Board.

ARCHITECT

Any person authorized pursuant to the provisions of Chapter 327, RSMo., to practice architecture in Missouri as the practice of architecture is defined in Section 327.091, RSMo., as amended, or as otherwise approved by the City Council.

ARCHITECTURAL STANDARDS AND GUIDELINES

The specific requirements applied by the Architectural Review Board in the administration of their powers and duties, which are defined by Section 415.380(I)(2), Miscellaneous Regulations — Architectural Review in all Zoning Districts, and the architectural guidelines of the Town Center Plan as they may be amended from time to time by the Architectural Review Board.

AREA

A specific geographic division of the City of Wildwood.

CONSTRUCTION

The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

ENGINEER

Any person authorized pursuant to the provisions of Chapter 327, RSMo., to practice engineering in Missouri as the practice of engineering is defined in Section 327.181, RSMo., as amended.

LANDSCAPE ARCHITECT

Any person authorized pursuant to the provisions of Chapter 327, RSMo., to practice landscape architecture in Missouri as the practice of landscape architecture is defined in Section 327.603, RSMo., as amended.

REVIEW MATERIALS

All materials identified on the policy memorandum approved by the Architectural Review Board and titled "Submittal Requirements of the City of Wildwood's Architectural Review Board" as it may be amended from time to time by the Architectural Review Board.

URBAN PLANNER

Any person having received a degree in urban planning from an accredited college or university with applicable and current background and employment in the field.

C. Scope And Application. Every application for a building permit for the construction or alteration of any building or structure within the boundaries of the Town Center or in any zoning district outside these boundaries, except as noted elsewhere in this Chapter, shall be submitted to the Architectural Review Board for consideration and action based upon the standards and guidelines currently in place at the time of the submittal. This requirement shall not apply to alterations and repairs not affecting the exterior appearance of the building or structure and existing non-conforming uses for which an exemption to the Town Center or general standards of the Zoning Code's miscellaneous regulations has been granted per the site specific ordinance governing the property or by the underlying regulations of the applicable code.

D. General Requirements.

[Ord. No. 2565, 8-10-2020; Ord. No. 2649, 10-25-2021]

1. Composition And Qualifications.

a. Members. The Architectural Review Board shall consist of:

(1) Five (5) regular members and three (3) alternate members, all of whom shall be appointed by the Mayor with the consent of a majority of members of the City Council;

(2) If, by reason of absence or disqualification of any regular member, there will be less than five (5) regular members at a meeting of the Board, the Chair of the Board shall designate as many alternate members to sit on the Board as may be needed to temporarily replace the regular members for the entirety of their absence or disqualification. When seated, an alternate member shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this Section and as otherwise provided by law. Designation of an alternate pursuant to this Subsection shall be made by the Chair of the Board on a case-by-case basis in rotation according to declining seniority among all alternate members;

(3) One (1) member of the City Council appointed by the Mayor with the consent of a majority of members of the City Council; and

(4) One (1) citizen member of the Planning and Zoning Commission appointed by the Mayor with the consent of a majority of members of the City Council.

b. Qualifications.

(1) Regular Members. No person shall be a regular member of the Architectural Review Board pursuant to Subsection (D)(1)(a)(1) of this Section unless he or she, at the time of his or her appointment and during his or her term, is a resident of the City of Wildwood. Three (3) members of the Board shall be either an architect, engineer, landscape architect, urban planner, or otherwise qualified by experience and training pertaining to building construction.

(2) Alternate Members. No person shall be an alternate member of the Architectural Review Board pursuant to Subsection (D)(1)(a)(2) of this Section unless he or she, at the time of his or her appointment and during his or her term, is a resident of the City of Wildwood.

2. Terms.

a. The terms of office for the regular and alternate members of the Architectural Review Board shall be for a period of four (4) years commencing on June 1 of the year of their appointment and ending on May 31 of the year in which they complete their term as a Board member. Anyone filling a vacancy shall be appointed for the remainder of the unexpired term of the member leaving the Board.

b. The members of the City Council and the Planning and Zoning Commission appointed to the Architectural Review Board shall each serve a term of one (1) year.

c. The Architectural Review Board shall hold at least one (1) meeting per month or as otherwise directed by the Chair.

3. Officers. Officers of the Architectural Review Board shall consist of a Chair, Vice Chair and Secretary elected by the members of the Board from amongst the regular members who shall each serve a term of one (1) year and shall be eligible for re-election. In the absence of the Chair, the Vice Chair shall perform the duties of the Chair. If both are absent, a temporary Chair shall be elected to oversee the meeting by those in attendance. The Secretary of the Board shall have the following duties (these duties may be assigned to the Department of Planning upon the agreement of the Architectural Review Board):

a. Take minutes of each Architectural Review Board meeting;

b. Be responsible for publication and distribution of copies of the minutes, reports and decisions to the members of the Architectural Review Board;

c. Give notice to the City Clerk for posting as provided herein by law for all public meetings conducted by the Architectural Review Board;

d. Advise the Mayor of vacancies on the Architectural Review Board and expiring terms of members;

e. Prepare to submit to the City Council a complete record of the proceedings before the Architectural Review Board on any matter requiring City Council considerations; and

f. Review and inspect projects which have been approved by the Architectural Review Board for compliance and self-education.

4. Meetings. The attendance of three (3) members of the Architectural Review Board shall constitute a quorum for purposes of conducting the business of the Board. All decisions or actions of the Board shall be made by a simple majority vote of those members present and voting at any meeting where a quorum is in attendance. Meetings shall be held at regularly scheduled times to be established within the bylaws of the Board at the beginning of each calendar year or at any time upon the call of the Chair. Members of the Board shall comply with the provisions of the City's Code of Ethics, Chapter 125 of the City Code. The Board shall keep minutes of its proceedings, showing the vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the City Clerk and shall be public record.

5. Compensation. The members shall serve without compensation, but shall be reimbursed for expenses they incur while on Board business.

6. Powers And Duties. The Architectural Review Board shall have the following powers and duties:

a. To adopt its own bylaws and procedural regulations, provided that such regulations are consistent with the City Charter, the City Code and the laws of the State of Missouri.

b. To review and act upon all plans for the construction of buildings and structures proposed in the City's Town Center.

c. To review and act upon all plans for the construction of buildings and structures outside the Town Center area of the City, except for: single-family dwellings, or any authorized accessory use customarily found in conjunction with the primary use of the property in any residential zoning district.

d. To inform and educate the citizens of the City of Wildwood concerning the architectural heritage of the City through publication or sponsorship of newsletters, pamphlets or programs.

e. To recommend to the Director of Planning to issue stop-work orders for any work undertaken by an owner or contractor which does not comply with the approved Architectural Review Board's plans, elevations or models.

f. To develop and recommend to the City Council modifications to architectural standards and guidelines relating to the administration of the Architectural Review Board's responsibilities.

g. To testify before all City boards and commissions, including the Planning and Zoning Commission, the Board of Adjustment and the City Council, on any matter affecting architecturally significant structures or buildings within the community or any other item within the scope of their powers and duties, including all appeal requests.

h. To undertake any other action or activity necessary or appropriate to the implementation if its powers and duties or in furtherance of the purpose of this Chapter.

i. To assist and participate with the Planning and Zoning Commission in their review of development proposals affecting properties within the Town Center boundary or as may be authorized by the Zoning Code for other locations in the City.

j. To participate in preliminary discussions held between developers, property owners or other interests concerning projects in the City for the purpose of determining compliance with applicable standards, guidelines or regulations and provide input to assist those parties in the preparation of plans, elevations, models and other presentation aides in anticipation of review and action by the Planning and Zoning Commission and/or the City Council.

7. Except as may be expressly stated otherwise by ordinance, any action taken by the Architectural Review Board pursuant to this Section in any area outside of the boundaries of the Town Center shall be subject to the review and approval of the Planning and Zoning Commission within sixty (60) days of the date of such action by the Architectural Review Board.

E. Review Authority.

1. Review Materials. Any applicant for a construction project subject to architectural review shall submit to the Architectural Review Board materials specified on an approved list provided by it. This list shall be regularly updated by the Board and shall be made available to all applicants at the time of their first contact with the City's Department of Planning. The Architectural Review Board may require additional information as necessary to decide on any particular application. The submittal of these review materials is mandatory and, if not provided, the Architectural Review Board can delay review and action upon it. Review may begin once all materials are provided to the Architectural Review Board and the architect of record has signed and sealed the cover page of the submittal package indicating his/her participation in the preparation of the materials.

2. Meeting Procedures And Actions. The Architectural Review Board shall hold a public meeting to allow for the applicant to present the required materials and shall allow public comment thereon. At this initial meeting, the architect of record shall attend and present to the Architectural Review Board the project and its details. Subsequent presentations of the project to the Architectural Review Board by the architect of record will be at the discretion of its members. After such review the Architectural Review Board shall expeditiously, as practicable, approve the application if it conforms to the City's standards and guidelines in this regard or return it with suggestions, when the Board deems the plan would conform to these items with minor modifications. All decisions shall be in writing and delivered to the applicant and the Director of Planning.

3. Standards For Approval. The Architectural Review Board shall consider any proposal by the application of the minimum requirements and guidelines established by this Chapter, which are on file in the City offices and incorporated from the City of Wildwood's Town Center Plan — Architectural Guidelines or Section 415.380, Miscellaneous Regulations, of the City of Wildwood Zoning Code. These standards are not intended to restrict variety, creativity or imagination in architectural design, but rather are intended to set minimum standards and guidelines in which to develop visual cohesiveness of buildings or structures, pedestrian-friendly access and design and compatibility with surrounding natural or built environment, as well as preserve property values and promote the public health, safety and welfare.

4. Modifications. Architectural guidelines identified as "minimum standards" must, unless a modification is granted, be observed in all plans. Architectural regulations identified as guidelines shall be observed, unless an alternative proposed feature or design is shown by the applicant to meet or exceed the intent and objectives of this Chapter, the Town Center architectural guidelines and the applicable master plan principles. The standards and guidelines are designed to direct and limit the discretion of the Architectural Review Board and, therefore, modifications from the standards and guidelines shall only be permitted upon a clear showing that the alternative feature and design conforms with the identified legislative intent of these regulations.

F. Appeal.

[Ord. No. 2649, 10-25-2021]

1. Appeal By Applicant From Final Decision. Any applicant aggrieved by a final decision of the Architectural Review Board on an application pursuant to Section 415.220(D)(6)(b) or the final decision of the Planning and Zoning Commission on any application pursuant to Section 415.220(D)(7) of this Chapter may file with the City Clerk a written appeal to the City Council. Such appeal shall be filed with the City Clerk within fifteen (15) days after the Architectural Review Board or Planning and Zoning Commission's decision (or if the filing date falls on a weekend or holiday, the next regular business day) and shall be accompanied by a fee of two hundred dollars ($200.00). The applicant shall state in the appeal how the application, as initially filed or subsequently modified, meets the criteria set forth in the City Code and any architectural guidelines.

2. City Council Review Of Architectural Review Board Decision. The City Council, upon motion adopted by majority vote within fifteen (15) days after receipt of the Architectural Review Board or Planning and Zoning Commission's decision, may exercise the power of review of any Architectural Review Board or Planning and Zoning Commission decision on an application.

3. Procedures For Hearings On Appeal Or Council Review. The procedures for hearings on appeal or City Council voting to exercise its power of review of Architectural Review Board or Planning and Zoning Commission decisions pertaining to applications shall be the same as set forth in Section 415.500(I)(5)(a) through (c) of this Chapter.

4. City Council Decision. Following the hearing by the City Council on an application, the City Council may affirm, reverse or modify, in whole or in part, any decision of the Architectural Review Board or Planning and Zoning Commission. An affirmative vote of two-thirds (2/3) of the members of the whole City Council shall be required to overrule the denial of the Board of Architectural Review or the Planning and Zoning Commission. In all other instances, a majority vote of the whole City Council shall be required to approve, deny or modify the decision of the Architectural Review Board or the Planning and Zoning Commission.

5. Decisions In Writing. Every decision by the City Council pursuant to this Section shall be in writing and shall include, or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the City Council bases its decision. Immediately upon rendering a decision, the Department of Planning shall give written notice of the City Council's decision by delivering or mailing such notice to the applicant or his/her attorney of record, and shall upon request furnish him/her with a copy of the decision, order, and findings of fact and conclusions of law.

Section 415.230 General Regulations.

[R.O. 1997 § 415.230; Ord. No. 1324 App. A § 1003.160, 8-14-2006]

The regulations hereafter established shall apply within all districts established by this Chapter or by amendment thereto. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Section 415.240 Air Navigation Space Regulations.

[R.O. 1997 § 415.240; Ord. No. 1324 App. A § 1003.161, 8-14-2006]

A. Scope Of Provisions. This Section contains the Air Navigation Space Regulations for the City of Wildwood. These regulations shall apply in that part of the City of Wildwood as hereinafter indicated.

B. Statement Of Intent. The Air Navigation Space Regulations shall establish height limitations for structures and trees within proximity to aircraft landing approach areas and major airport maneuvering areas.

C. Definitions. For the purpose of this Section, the following words and phrases shall have the meaning given herein.

AIRPORT

An area of land or water that is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any.

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet from sea level.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

HORIZONTAL SURFACE

A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

LARGER THAN UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet powered aircraft.

NON-PRECISION-INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.

OBJECT

A structure, including a mobile structure, constructed or installed by man or a product of nature, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, trees, overhead transmission lines and utility poles.

PERSON

An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.

PRECISION-INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

TRANSITIONAL SURFACES

These surfaces extend outward at ninety degree (90°) angles to the runway center line and the runway center line extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety degree (90°) angles to the extended runway center line.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

D. Airport zones are hereby created and established in that part of the City of Wildwood and shall comprise all of the land lying beneath the City of Wildwood area airport approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces. Except as otherwise provided in this Section, no object shall be erected, altered, maintained, planted or be allowed to grow in any zone created by this Chapter to a height in excess of the applicable height limitations herein established for such zone. A tract of land located in more than one (1) of the following zones shall be deemed to be in the zone with the more restrictive height limitation. Other regulations appearing in this Chapter that are inconsistent herewith are superseded to the extent of such inconsistency.

E. The various zones and their height limitations are hereby established and defined as follows:

1. Utility Runway Visual Approach Zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Subsection (F) and expanding outwardly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of five thousand (5,000) feet along the extended runway center line.

2. Utility Runway Non-Precision-Instrument Approach Zone. Shall have a width at its inner edge of five hundred (500) feet and expanding outwardly from the primary surface to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of five thousand (5,000) feet along the extended runway center line.

3. Larger Than Utility Runway With A Visibility Minimum Greater Than Three-Fourths (3/4) Mile Non-Precision-Instrument Approach Zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Subsection (F), and expanding outwardly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping thirty-four (34) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line.

4. Larger Than Utility Runway With A Visibility Minimum Of Three-Fourths (3/4) Mile Non-Precision-Instrument Approach Zone. Shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line.

5. Precision-Instrument Runway Approach Zone. Shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping fifty (50) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line; thence sloping upward one (1) foot vertically for each forty (40) feet horizontally to an additional distance of forty thousand (40,000) feet along the extended runway center line.

6. Transitional Zones. The areas beneath the transitional surfaces. The height limitations shall be established by an imaginary plane sloping seven (7) feet outward for each foot upward, commencing at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of one hundred fifty (150) feet above the airport elevation as specified in Subsection (F). In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision-instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of five thousand (5,000) feet measured at ninety degree (90°) angles to the extended runway center line.

7. Horizontal Zone. Is established by swinging arcs of five thousand (5,000) feet (for all runways designated utility or visual) or ten thousand (10,000) feet (for all other types of runways) radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The height limitation shall be established by an imaginary plane lying one hundred fifty (150) feet above the airport elevation as designated in Subsection (F).

8. Conical Zone. Is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation, as designated in Subsection (F), and extending to a height of three hundred fifty (350) feet above the said airport elevation.

F. For purposes of this Section, the City of Wildwood-area airports shall be defined to include the following: Spirit of St. Louis Airport, 18260 Edison. The aforesaid airport shall be identified and described as follows:

Airport	Elevation (feet)	Runway Number	Runway Orientation	Runway Type	Runway Length (feet)	Width of Primary Surface (feet)	Runway Construction
Spirit of St. Louis	460	8 Right	076°	Precision instrument	6,000	1,000	Paved
Spirit of St. Louis	460	6 Left	256°	Precision instrument	6,000	1,000	Paved
Spirit of St. Louis	460	8 Left	076°	Utility	3,800	250	Paved
Spirit of St. Louis	460	26 Right	256°	Visual	3,800	250	Paved

G. Nothing in these regulations shall be construed to prohibit the emplacement, construction, maintenance or growth of any object not exceeding a height of thirty-five (35) feet above the airport elevation at the base of such object as specified in Subsection (F).

H. Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazard or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

I. The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any object not conforming to the regulations as of the effective date of this Chapter or otherwise interfere with the continuance of the non-conforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any object, the construction or alteration of which was begun prior to the effective date of this Chapter and is diligently prosecuted. Notwithstanding the preceding provision of this Subsection (I), the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of the Department of Public Works to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport to be protected thereby.

Section 415.250 Zoning Performance Standard Regulations.

[R.O. 1997 § 415.250; Ord. No. 1324 App. A § 1003.163, 8-14-2006; Ord. No. 1465 § 1, 1-14-2008]

A. Scope Of Provisions. This Section contains the Zoning Performance Standard Regulations for the City of Wildwood. These regulations shall apply to all land uses and developments in the City of Wildwood except as otherwise indicated in these regulations.

B. Statement Of Intent. The Performance Standard Regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare and heat to minimize negative effects on adjacent land uses and developments.

C. Performance Standards.

1. Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code of the City of Wildwood (see Chapter 500, Article VII) may exceed these limitations.

2. Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code as set out in Chapter 217 of this Code.

3. Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, set by Chapter 612 SLCRO, adopted herein as the Air Pollution Code of the City of Wildwood.

4. Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, set by Chapter 612 SLCRO, also the Air Pollution Code of the City of Wildwood.

5. Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases which exceeds the emission levels, of the Air Pollution Code, set by Chapter 612 SLCRO, also the Air Pollution Code of the City of Wildwood.

6. Emission Of Dirt, Dust, Fly Ash And Other Forms Of Particulate Matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, set by Chapter 612 SLCRO, also the Air Pollution Code of the City of Wildwood.

7. Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.

8. Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.

9. Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the Zoning Performance Standard Regulations shall become a part of these regulations.

Section 415.260 Public Space Requirements.

[R.O. 1997 § 415.260; Ord. No. 1263 § 2, 2-13-2006; Ord. No. 1324 App. A § 1003.164, 8-14-2006; Ord. No. 1350 § 1, 11-13-2006; Ord. No. 1707 § 1, 3-22-2010]

A. Purpose And Legislative Findings.

1. Land area maintained as public space, including public parks, is essential to address the congestion, aesthetic degradation, health concerns and the recreational and pedestrian needs of the residents, business patrons and employees attributable to new development in the City. New development in the City generates new residents, employees and customers who will need public space where they live, work and shop. Development in the City consumes land that could otherwise be used for public space and certain areas of the City that allow greater density and/or larger scale development authorize development that reduces traditional setbacks and corresponding private green space and does not include the typical subdivision common ground facilities or other substantial private open space and recreational facilities associated with typical suburban development. In addition, certain development within the City, such as in the City's Town Center area designated within the City's Comprehensive Plan ("Town Center"), commercial development located within close proximity of dense residential areas and of a type that will create substantial pedestrian traffic with mixed public use needs that must be addressed to avoid congestion, accommodate impacts and address safety of pedestrians.

2. Accordingly, development opportunities available within the City result in an increased need for public space due to the concentrated or increased population and uses and the elimination of the available land that would otherwise have contained private or public parks or open space. The public space requirements of this Section therefore are a condition of new development permitted densities and design and attempt to remediate the resulting loss of public space opportunities by requiring active and/or passive open space and recreational space be established as a condition of each development in a manner and extent roughly proportionate to the impact of the development. The City Council hereby adopts the foregoing factual determinations regarding impact and need and the proportionality, methodology and other determinations and conclusions set forth in this Chapter and in the City of Wildwood Public Space Study on file with the City Clerk and incorporated herein as legislative findings supporting this Chapter. Only if required by applicable law under the specific circumstances of the application shall the Council be required as part of the development approval to make an additional separate factual finding as to the impact and proportionality relating to new development in application of this Chapter.

B. Definitions. For purposes of this Section, the following definitions shall apply:

COMMERCIAL PLAZA

Improved space located adjacent or proximate to commercial uses, designed and improved consistent with the requirements of this Chapter, intended to provide facilities to address the needs of patrons and employees of such commercial uses.

COMMUNITY PARK

A large park designed and improved consistent with the requirements of this Chapter, intended to provide active and passive recreational facilities, including, but not limited to, picnic pavilions and multiple athletic fields and courts.

FOCAL FEATURE

A structure, item or area with important aesthetic, historic or cultural significance, including, but not limited to, statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art and water fountains.

GROSS AREA OF THE NEW DEVELOPMENT

The total land area of the development site subject to zoning or subdivision plat approval authorizing the new residential dwellings or new commercial, institutional or industrial buildings or uses, less any separate lot or land area solely attributable to existing dwellings or commercial, institutional or industrial buildings that will be retained as part of the proposed authorized use of the site.

MINI-PARK

A small park designed and improved consistent with the requirements of this Chapter, intended to provide active recreational facilities such as, but not limited to, playgrounds for nearby residents.

MULTI-USE TRAIL

A paved trail consistent with City specifications for multi-use trails connected to the trail network encompassing the City, unless otherwise noted in the site-specific ordinance or plat script as a different type of surface for other users, such equestrian enthusiasts or mountain bikers.

NEIGHBORHOOD PARK

A small park designed and improved consistent with the requirements of this Chapter, intended to provide active recreational facilities including, but not limited to, playgrounds and small athletic courts or fields to surrounding residents.

NEW COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL BUILDINGS OR USES

Any additional or increased commercial, institutional or industrial construction or use activity attributable to the development. The term "commercial, institutional or industrial," unless otherwise required by law, shall include any non-residential use authorized by any "C," "NU," "R" or "M" zoning district classification within the City of Wildwood.

NEW DEVELOPMENT

The total residential dwellings or total additional or increased commercial, institutional or industrial building construction or uses authorized by a zoning amendment, conditional use permit approval or amendment, or subdivision record plat approval or amendment after the effective date of this Section that authorizes the approved activity causing the additional public space needs. New development shall not be interpreted for the purposes of this Chapter to mean a one-time minor subdivision or lot split of a parcel of ground, as defined in the City of Wildwood's subdivision and development regulations (Section 420.110, Lot Split Procedure, or Section 420.130, Minor Subdivisions), when platted on a property designated "NU Non-Urban Residence District."

NEW RESIDENTIAL DWELLINGS AND USES

Total residential dwelling units authorized by the zoning change or subdivision record plat approval calculated at the maximum density and number permitted by such zoning or plat approval.

PARKING SPACES

The number of parking spaces required by applicable City ordinance to be provided on site and off site to be attributed to the new commercial, institutional or industrial buildings or use approved or such different number as may be specifically authorized or provided on site and off site, whichever is greater.

PRIVATELY-OWNED COMMON AREA

Improved land subject to a recorded perpetual covenant ensuring that the improvements and public space are kept open and available to the applicable users of the development (including business patrons, employees, residents and visitors to the new development to which it is dedicated) without condition or fee and maintained with a private funding mechanism to ensure its continued viability.

PUBLIC SPACE

Land dedicated and improved for public use to address the public space impacts of new development as required by this Chapter.

STREET SPACE

Improved separate areas within a road corridor in excess of street specifications, designed and improved consistent with the requirements of this Chapter.

TOWN CENTER

The area(s) designated by the City's Master and Comprehensive Plans as the Town Center area.

URBAN CENTER PARK

A large park located in the Town Center, designed and improved consistent with the requirements of this Chapter.

C. Minimum Public Space Required. Public space shall be provided as a condition of each new development within the City in conformance with this Chapter in the amounts as follows:

1. New Residential Dwellings And Uses.

a. Single-Family Dwellings. For new residential dwellings other than multi-family units [as provided for in Subsection (C)(1)(b)], an amount equal to one thousand seven hundred forty-two and four-tenths (1,742.4) square feet per new single-family dwelling [four (4) acres per one hundred (100) single-family dwelling units] shall be required.

b. Multi-Family Dwellings. For all dwelling units located in a building or portion thereof designed for three (3) or more families, an amount equal to eight hundred twenty-eight (828) square feet per new multi-family dwelling [approximately one and nine-tenths (1.9) acres per one hundred (100) multi-family dwelling units] shall be required.

2. New Commercial, Institutional Or Industrial Buildings Or Uses. Two hundred ninety and four-tenths (290.4) square feet per parking space [one (1) acre for every one hundred fifty (150) parking spaces].

D. Qualifying Public Space. Only public space that meets the requirements of this Section as determined by the City Council shall be counted toward satisfaction of the public space requirement. Public space shall be segregated as a separately subdivided lot that contains no buildings, parking lots or streets (except parking lots, internal drives, historical buildings or other structures approved by the Departments of Public Works and Parks to be used by the public in connection with the public space) and contains no rights-of-way or permanent commercial, institutional or industrial business activity. Public space shall be platted and deeded by general warranty deed either:

1. To the City for use by the public, or if approved by the City Council;

2. Privately-Owned Common Area. The Council's decision to accept privately-owned common area as satisfying any portion of the public space requirements shall be based on evidence presented to the Council that such acceptance fully satisfies the purposes and requirements of this Chapter and fully addresses the impact of the development as established by the legislative findings. The location, design, ownership, type and required improvements of public space shall be determined by the City in accordance with the requirements of this Section. The following land within a development shall not qualify as public space:

a. Individual site stormwater detention or retention areas and utility easements shall not constitute public space, unless wholly concealed underground and otherwise complying with this Chapter or as part of an approved retention/water feature, generally at least one-half (1/2) acre in size. Where the public space guidelines are otherwise satisfied, on-site or off-site land dedicated for regional stormwater detention (wet) facilities approved by the City may be used.

(1) Implementation of best management practices for the control of stormwater runoff on new development sites, including rain gardens, swales and other features, shall be a creditable public space dedication, if accepted by the City Council. Additionally, the development of wildflower areas and prairie restoration zones may also be considered for credits to the public space requirements, if accepted by the City Council.

b. Natural resource protected areas.

c. Public street pavement areas and other land within the street width specification.

E. Limitations On Qualifying Public Space. Dedications that may be counted toward the public space requirements are subject to each of the further following limitations:

	Non-Urban Residential Area	Suburban Residential Area	Town Center Area	Industrial Area
Street Space	Up to 25% of the total required public space. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.	Up to twenty-five percent (25%) of the public space.	Up to twenty-five percent (25%) of the public space.	Up to twenty-five percent (25%) of the public space.
Multiple Use Trailsi	Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible. Multi-use trail dedications are preferred in the non-urban residential areas of the City of Wildwood and shall constitute the new development's obligation for public space at these locations, unless abutting an existing public park holding, where land conveyance may be considered by the City Council, or where such a shortfall exists that another type of dedication is required	Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible.	Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible.	Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible
Water Features	Up to twenty-five percent (25%) of the public space. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.	Up to twenty-five percent (25%) of the public space.	Up to twenty-five percent (25%) of the public space.	Up to twenty-five percent (25%) of the public space.
Privately-Held Common Groundii	Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.	Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below.	Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below.	Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below.
Off-Site Dedication	Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.	Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.	Where appropriate, the land dedication may be approved adjacent to the development boundary or off- site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.	Where appropriate, the land dedication may be approved adjacent to the development boundary or off- site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.
Public Art	This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.		Up to one hundred percent (100%) of the public space and shall be based upon the City Council's accepted cost of such item compared to the existing fee in-lieu of charge for the area where it is to be installed (inside or outside the Town Center area boundary).	Up to one hundred percent (100%) of the public space and shall be based upon the City Council's accepted cost of such item compared to the existing fee in-lieu of charge for the area where it is to be installed (inside or outside the Town Center area boundary).

i

Multi-use trails located in rights-of-way or locations of otherwise required sidewalks shall not satisfy any portion of required public space.

ii

Multi-use trails within common area shall not count toward required public space, excepting in the City's non-urban residential areas. Qualifying privately-owned common area generally shall not include mere buffer strips or other areas of shape, size or topography that are not reasonably attributable, contiguous and compact to the area of the required improvements. Mini-parks and commercial plazas shall be privately-owned common area, unless otherwise approved by the City.

F. Public Space Location, Design And Types.

1. Public space shall be located and implemented as identified in the City Master Plan, where applicable, or in other approved locations consistent with the applicable zoning regulations and park plans. The type of required public space and acceptability of any fee in lieu of public space dedication accepted by the City shall be dictated by the impact of the development as determined by its size, type, location and proximity of required amenities and as affected by proximity to existing public spaces. Such final determination by the City Council shall occur as a provision of the record plat approval, unless otherwise approved earlier by the Council, except as herein noted:

a. Developments governed by a site-specific ordinance approved before February 13, 2006, by the City Council that are determined to be in "good standing" but lack an approved record plat shall not be required to provide public space dedications in accord with these requirements. For the purposes of this Section, "good standing" shall be interpreted to mean the following: no amendment to the site-specific ordinance is needed to facilitate the project's completion, the time line for submittal of the site development plan has not expired and the deadline for commencement of construction has not passed, if an approved site development plan herein exists.

b. Developments located within the boundaries of the City's Town Center Area that were approved by a site-specific ordinance of the City Council prior to February 13, 2006, that included multiple buildings, along with the phasing of their improvements, are not required to provide additional public space dedications in accord with these regulations if an increase in parking spaces is authorized by the City Council as part of an amendment to the governing ordinance, unless commencement of construction has failed to begin at the time these revisions to Section 415.260, Public Space Requirements, of this Chapter herein referenced are adopted.

2. Each area of land dedication, whether public or privately owned, shall be assigned a qualifying public space type from the chart and designated accordingly on the proposed plat or site plan. The City's approval of the location, design and type of the public space proposed as part of a new development shall be as reflected on a final site plan or record plat in accordance with this Chapter, including Exhibit 1, which is on file in the City Clerk's office, and the following additional specifications:[1]

[1] Editor's Note: The Public Space Location, Design and Types chart is included as an attachment to this Chapter.

G. Credit Dedication Of Improved Schools Land. The City may approve land dedicated for public space purposes adjacent to public schools to satisfy up to fifty percent (50%) of the required public space, provided that the required recreational facilities attributable to a neighborhood park are constructed or escrowed for by the developer and public access to such facilities acceptable to the City is provided for in the dedication.

H. Public Space Improvements. Approved public space shall be improved as required by this Chapter and as approved on approved improvement plans. Public space improvements shall be completed or guaranteed as provided for in Section 420.080 for other subdivision improvements.

1. Specific Improvements Based On Type Of Public Space. All land dedicated for public space shall be improved consistent with applicable City specifications, including those identified in the table in Subsection (F) of this Section and those improvements found in Exhibit 1, which is on file in the City Clerk's office,[2] of this Section pertaining to the specific type of public space.

[2] Editor's Note: The Public Space Location, Design and Types chart is included as an attachment to this Chapter.

2. General Improvements. All public spaces shall have the following improvements:

a. Pedestrian ways (sidewalks, trails, etc.).

b. Benches.

c. Landscaping.

d. Finished grade and surfaces.

e. Utilities (where applicable).

f. Signage (showing public access, etc.).

g. Trash receptacles.

h. Lighting and streetscape improvements.

i. Focal features.

3. Where applicable, public space shall be cleared of underbrush and debris, sodded or seeded. Choice of recreational improvements shall be consistent with this Chapter, the development and surrounding uses, not duplicative, and consistent with the Town Center regulations and the City's Public Space Study.

I. Fee In Lieu Of Dedication. If providing some or all of the required public space within a development is impractical or incompatible with the approved street grid, Master Plan or this Chapter or Chapter 420, Subdivision and Development Regulations, requirements as determined by the City pursuant to the standards and findings adopted by this Chapter, the City may accept from the developer an equivalent amount of public space in another nearby location or pay to the City a fee in lieu of dedication which would be used to directly address the public space need attributable to the development.

1. Fee Calculation Methodology. A fee in lieu of public space shall be paid equal to the fair market value for each square foot of land required to be dedicated under this Chapter or the pro rata amount thereof that is not actually dedicated.

FIL	=	(DR x FMV) + (DR x AIC)
FIL	=	the fee in lieu
DR	=	(dedication requirement) the required square footage of public space required to be dedicated under this Chapter that is not actually satisfied through a dedication
FMV	=	fair market value
AIC	=	the average improvement cost

2. Fee In Lieu Amounts Established.

a. FMV — Fair Market Value. Initially, the fair market value for property within the Town Center boundaries shall be three dollars ($3.00) per square foot for residential and seven dollars ($7.00) per square foot for commercial property as determined by the proposed use. Fair market value for property outside of the Town Center shall be one dollar fifty cents ($1.50) per square foot.

b. AIC — Average Improvement Cost. The average improvement cost shall be two dollars ($2.00) per square foot.

c. The FMV and AIC amounts may be reevaluated yearly and may by order of the Council be increased or decreased at any time by resolution or ordinance to accurately reflect the fair market value of acquiring public space and improving the same.

3. Payment And Use Of Fees In Lieu. All fees in lieu shall be paid by the developer prior to the recording of the record plat or issuance of any final site plan. All fees in lieu received hereunder by the City shall be placed in a City escrow for purchase, construction or improvement of public space, which is reasonably attributable to the development for which the fee was paid consistent with this Chapter. The Director of Parks is authorized to establish one (1) or more escrows and escrow policies and procedures to ensure compliance with the requirements herein. The Director of Parks shall draw on such escrows at any time consistent with the purposes established by this Section.

4. Protest Of General Fee In Lieu Determinations. The values established by the City in determining the fee in lieu shall be a rebuttable presumption of the fair market land value and average improvement costs roughly proportional to the impact of the new development. A developer or applicant who believes that the value determined by the City exceeds the value of the land and average improvement costs attributable thereto may protest the City's established valuation as provided herein. Such protest shall be filed within ten (10) days of the approval of the preliminary plat or zoning approval reflecting the Council's acceptance of the payment in lieu option to address the public space needs, whichever is earlier. The City's determination of value may be requested to be modified by:

a. Filing a written letter of protest with the Director of Planning;

b. Procuring two (2) appraisals of the value of the land in the development as improved by independent appraisers approved by the City; and

c. A showing by both independent appraisers that the City's determination of value per square foot exceeds the current fair market value per square foot of the required public space within the new development.

(1) To ensure that the public space allocation is finally determined for both the public and the developer prior to any subdivision or construction, a record plat or final site plan approval shall be stayed for an affected property until final resolution or appeal of any protest. The applicant challenging the City's determination of value shall pay one hundred percent (100%) of the cost of both independent appraisals. Any appraisals within the knowledge or possession of the developer shall be disclosed and produced to City as part of the protest appeal. If the appeal challenges the improvement cost portion of the fee, the applicant shall provide competent evidence, including at least two (2) binding bids, of improving the required public space based on a site drawing reflecting the general and specific improvements that would otherwise satisfy the Chapter if provided on site, and which could be used by the City to actually build the improvement on nearby public space. Upon receipt of the information, the Director shall submit the information to the Council which shall make a determination of any modification of the fee amount, if any, as necessary to conform to the purposes and requirements of this Chapter within thirty (30) days of such receipt, unless extended for good cause.

(2) If the Council determines that the evidence of the fee in lieu amount, as determined by the Council herein, would be insufficient to actually acquire and improve public space in a location necessary to benefit the impact of the new development, the Council may require the plat or site plan to be redesigned to accommodate the public space on site or as may be proposed by the developer to ensure compliance with the purpose of this Chapter. The Council decision hereunder shall constitute a final decision of the Council subject to appeal as provided for in Subsection (J) herein.

J. Appeals. Any person aggrieved by a final decision by the Council or administrative officer shall be subject to the requirements of appeal as set forth in Chapter 150, Code of Administrative Procedure, of the City Code.

K. Planned Zoning Modifications. The specific specification and requirements of this Chapter may be modified by a planned zoning ordinance relative to a site specific development, provided that no such modification shall be deemed to exist unless the modification procedures therein are satisfied, express reference is made to such public space modification in enacting ordinance, and modification lawfully and non-discriminatorily satisfies the public space purposes of this Chapter. The area of land dedicated to public space may be included in the gross acreage of a development for purposes of density calculations thereby qualifying as a density bonus as may be specified by the specific planned residential development ordinance.

Section 415.270 Public Space Amenity Design Criteria.

[R.O. 1997 § 415.270; Ord. No. 1324 App. A Exh. 1, 8-14-2006; Ord. No. 1263 § 2, 2-13-2006]

A. Commercial.

1. Commercial Plazas. Commercial plazas are located adjacent or proximate to commercial uses and function as gathering places for employees and business patrons, as well as areas for temporary vendors and seasonal outdoor eating space to address the impact of the commercial uses. The horizontal length of a plaza shall ordinarily not be more than four (4) times the height of the tallest adjacent building. The total area shall not exceed thirty thousand (30,000) square feet.

2. Commercial plazas shall have the following improvements:

a. Benches and/or picnic tables.

b. Potable drinking fountains.

c. Lighting.

d. Surface improvements and landscaping.

e. Focal features including statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art, water fountains, etc.

Examples Of Focal Features In Commercial Plazas

B. Residential.

1. Mini, Neighborhood, Community And Urban Center Parks. Parks may serve a variety of active and passive recreational needs depending on the size and location. Park types and typical facilities are listed on the chart below.

TOWN CENTER DISTRICT
Type Of Park	Approximate Size	Preferred Location	Typical Facilities	Access
Mini-Park (Example: Old Pond School, Wildwood, MO)	1/4 to 1/2 acre	Densely populated residential areas	Playground, benches, lighting; landscaping, potable water fountain	Walking, bicycle; no on-site parking
Neighborhood Park (Example: Lewis Park, University City, MO; Centerton Park, Olivette, MO)	1 — 5 acres	Adjacent to elementary schools when feasible	Playground, benches; lighting; picnic tables, landscaping, potable water fountain; small athletic fields or courts	Walking, bicycle (trail network); limited on-site parking or on-street parking on at least 2 boundaries
Community Park (Example: Old Town Park, St. Peters, MO)	5 — 10 acres	Adjacent to middle and high schools when feasible	Playground(s), benches, lighting, picnic tables, picnic shelter, landscaping, potable water fountain, athletic fields, courts, water features, modern restroom facilities	Walking, bicycle (trail network), limited on-site parking
Urban Center Park (Examples: Shaw Park, Clayton, MO; Heman Park, University City, MO; Des Peres Park, Des Peres, MO)	40+ acres	Within Town Center District	Playground(s), benches, lighting, picnic tables, picnic shelter(s), athletic fields, courts, master gardens, bandstand or central gathering place, focal features, swimming pool, potable water fountain, modern restroom facilities, concession building	Walking, bicycle (trail network), on-site parking

NON-URBAN AND SUBURBAN DISTRICTS
Type Of Park	Approximate Size	Preferred Location	Typical Facilities	Access
Mini-Park (Example: Harwood Park, Des Peres, MO)	1/4 to 1/2 acre	Location easily accessible to all dwelling units in subdivision	Playground, benches, landscaping	Walking, bicycle; no on-site parking
Neighborhood Park (Example: Lake School Park, Creve Coeur, MO)	1 — 5 acres	Adjacent to elementary schools when feasible	Playground, benches; lighting; picnic tables, landscaping, potable water fountain; small athletic fields or courts	Walking, bicycle (trail network), limited on-site parking
Community Park (Example: Beirne Park, Creve Coeur, MO; Sugar Creek Park, Des Peres, MO)	5 — 25 acres	Adjacent to middle and high schools when feasible	Playground(s), benches, lighting, picnic tables, picnic shelter, landscaping, potable water fountain, athletic fields, courts, water features, modern restroom facilities, wilderness area including hiking and equestrian trails	Walking, bicycle (trail network), on-site parking

2. Dependent on the type of park, many of the facilities described below may be required:

a. Playgrounds.

b. Benches.

c. Picnic tables.

d. Picnic shelters.

e. Lighting.

f. Landscaping.

g. Potable drinking fountain.

h. Modern restroom facilities.

i. Athletic fields.

j. Tennis or basketball courts.

k. Focal features including statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art, fountains, etc.

l. Water feature including a large fountain, small pond or stream.

m. Gardens.

n. Amphitheater, bandstand or other central gathering place.

o. Wilderness area.

p. On-site parking.

C. All Districts.

1. Multi-Use Trail Network. All multi-use trails should be connected to the Wildwood multi-use trail network. This network will connect parks with residential subdivisions and commercial centers in all parts of the City. Trails provided as part of the dedication shall be constructed on a twenty (20) foot wide easement and paved. Signage to City specifications shall also be provided.

2. Street Space. Where applicable, a development may satisfy a portion of its public space dedication requirements through street space. "Street space" is a landscaped area abutting a street. The size of the street space may vary from less than one thousand (1,000) square feet up to one (1) acre. Street space should include a seating area and decorative landscaping. Larger street space areas may be required to provide a focal feature (as defined above). Other amenities may be required for a specific need on a case-by-case basis, such as bus stop shelter, lighting or additional seating. Dedications of street space shall be in the form of a public easement.

Section 415.280 Off-Street Parking And Loading Requirements — General.

[R.O. 1997 § 415.280; Ord. No. 1324 App. A § 1003.165, 8-14-2006]

A. Scope Of Provisions. The regulations contained in this Section and the following Sections shall govern the size, number, location and design of all off-street parking and loading facilities in the City of Wildwood.

B. Minimum Parking And Loading Requirements. Uses in all zoning districts shall comply with the minimum requirements listed by use category in tables of the following Sections:

1.	Commercial uses	Section 415.290
2.	Cultural, entertainment and recreational uses	Section 415.300
3.	Industrial uses	Section 415.310
4.	Institutional uses	Section 415.320
5.	Open space and agricultural uses	Section 415.330
6.	Residential uses	Section 415.340
7.	Transportation, communication and utilities	Section 415.350

C. Minimum Off-Street Parking Dimensions. The regulations of this Subsection shall govern the dimensions of off-street parking spaces, including those provided in developments approved in planned districts or by special procedure prior to the enactment hereof, anything in such planned district or special procedure approval to the contrary notwithstanding.

1. Except as otherwise provided for in this Subsection, the requirements for off-street parking of the City of Wildwood Zoning Ordinance shall be implemented with regard to the minimum dimensions in the following table:

PARKING TABLE
	A	B (feet)	C (feet)	D (feet)	E (feet)	F (feet)	G (feet)
	45°	9.0	19.7	12.5	12.7	51.9	45.6
	60°	9.0	21.0	16.0	10.5	55.0	53.5
	90°	9.0	19.0**	22.0	9.0	60.0	—
A	Parking angle.
B	Stall width.
C	19 feet minimum stall to curbs.
D*	Aisle width.
E	Curb length per car.
F	Curb to curb.
G	Center to center width of double row with aisle between.

*	Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.
**	Stall depth may be decreased by three (3) feet if stall borders a landscaped island or a structure setback area of a site.

2. Parking Spaces Designated For The Handicapped.

a. Parking spaces designated for a physically handicapped person shall be at least eight (8) feet wide with a five (5) foot access aisle to be adjacent. Two (2) handicapped parking spaces may share an access aisle.

b. Parking spaces designated for physically handicapped persons shall be located on the shortest possible circulation route to an accessible entrance of the building. In separate parking structures or lots which do not serve a particular building, parking spaces for physically handicapped persons shall be located on the shortest possible pedestrian route to an accessible pedestrian entrance of the parking facilities.

c. In the event that the desired parking angle is not specified by the above table, the City of Wildwood Department of Planning may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.

d. A stall dimension of eight and one-half (8 1/2) feet by eighteen (18) feet or equivalent may be utilized for off-street parking stalls provided in excess of the minimum requirements as set forth in this Section when designated for compact car use.

e. On-site parallel parking stalls shall be nine (9.0) feet by twenty-two (22) feet adjacent to a twenty-two (22) foot two-way lane or fifteen (15) foot one-way lane.

f. Curbed islands are required at ends of aisles where necessary for traffic control or drainage.

D. Supplementary Off-Street Parking And Loading Requirements. In addition to the above parking and loading requirements, the following standards shall apply:

1. In all zoning districts, all parking and loading areas, including driveways, shall be paved, except in the "FP," "PS," "NU" and "R-1" Districts, where the City of Wildwood may approve an alternate dustproofing method.

2. All areas for off-street parking and loading in the "C-1" and "C-2" Districts shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.

3. Off-street parking areas in the "C" Commercial or "M" Industrial Districts shall provide ingress and egress to any public right-of-way only at such location as approved by the City of Wildwood.

4.

a. In the "NU" Non-Urban Residence and all "R" Residence Districts, parking spaces provided in an enclosed structure shall not project beyond any required yard, setback or building line. Parking spaces provided in an unenclosed area shall not encroach upon the required front yard of any "NU" Non-Urban Residence or "R" Residential District.

b. An area used for off-street parking spaces for five (5) or more vehicles, when located in any "PS" Park and Scenic, "NU" Non-Urban Residence or "R" Residence District, shall not be closer to an adjoining "PS" Park and Scenic, "NU" Non-Urban Residence or "R" Residential District than twenty-five (25) feet. Said parking setbacks shall be effectively screened. Such screening shall consist of a sightproof fence or wall and such screening shall be not less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations at street intersections require other arrangements. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping or a combination of fences, walls, topographic features or landscaping in lieu of fences or walls, where such alternates will achieve a comparable effect. The limitations of this Subsection (D)(4)(b) may be modified in a development plan when authorized under Section 415.510, Planned Residential Development ("PRD") Overlay District.

5.

a. In a "C" Commercial or "M" Industrial District, no unenclosed parking or loading space or internal drive, except for ingress and egress drives, shall be located between any roadway right-of-way and any building, except for areas as may be dedicated to the public for on-street parking. The limitations of this Subsection (D)(5)(a) may be modified in a development plan when authorized under Section 415.190, "C-8" Planned Commercial District, or Section 415.210, "M-3" Planned Industrial District.

b. In a "C" Commercial or "M" Industrial District, no unenclosed parking or loading space or internal drive shall be closer than twenty-five (25) feet to any adjoining "PS" Park and Scenic, "NU" Non-Urban Residence or "R" Residence District. Said parking setbacks shall be effectively screened. Such screening shall consist of a sight-proof fence or wall and such screening shall be not less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations at streets require other arrangements. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping or a combination of fences, walls, topographic features or landscaping in lieu of fences or walls, where such alternates will achieve a comparable effect. Except for the screening provisions, the limitations of this Subsection (D)(5)(b) may be modified in a development plan when authorized under Section 415.190, "C-8" Planned Commercial District, or Section 415.210, "M-3" Planned Industrial District.

6. All parking spaces required by this Chapter shall be located on the same parcel of land as the use to be served except as provided in Subsection (D)(8).

7. Minimum off-street parking and loading requirements as specified in this Section shall not include parking and loading spaces located in the floodplain or floodway, as determined by the City of Wildwood, except when accessory to a permitted or conditional use in the "FP" Floodplain District.

8. Parking for one (1) or more uses in a "C" Commercial or "M" Industrial District may be provided on a separate lot from the use or uses to be served when said separate lot is within a similar zoning district type and within three hundred (300) feet of the use or uses to be served as measured along a pedestrian pathway. When two (2) or more uses combine to provide the required parking space jointly, the parking space so provided shall equal the total space required if each were to provide parking space separately. Joint or remote parking areas provided in accordance with this Subsection (D)(8) shall be comprised of a minimum of twenty (20) stalls except when provided in conjunction with uses in the "C-1" Neighborhood Business District. Such parking must be approved by the Director of Planning and Parks designated by the City of Wildwood. Subsequent to approval, said parking plan and an appropriate legal instrument of agreement among the owners of the various properties involved shall be recorded with the County Recorder of Deeds with a copy to be filed with the City of Wildwood. Such recorded plans and agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan to those uses and conditions approved by an officer designated by the City of Wildwood and agreed to by the owners of the properties involved.

9. No off-street parking space required under this Chapter shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking.

10. Where an addition is made to an existing use which does not comply with the parking requirements cited for such use, additional parking shall be provided in proportion to the addition.

11. Where no minimum requirement is specified or when one (1) or more of the parking requirements may be construed as applicable to the same use, lot or building, the final determination of required parking shall be made by the Department of Planning.

12. When located in the "C-2" or "C-3" Shopping Districts, the minimum parking requirements for shopping centers occupied by five (5) or more commercial entities and having a gross floor area of one hundred twenty-five thousand (125,000) square feet or more may be reduced by fifteen percent (15%), when authorized by the Department of Planning and where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

13. The off-street parking requirements for housing for the elderly in residential zoning districts may be reduced to seventy-five hundredths (0.75) space per dwelling unit when approved by the Department of Planning. When such a reduction is approved, an area of sufficient size shall be designated on the site plan to accommodate additional parking, should conversion to conventional housing occur in the future.

14. The number of parking spaces required to be provided for physically handicapped persons shall be based upon the required number of parking spaces as determined by the following table:

MINIMUM ACCESSIBLE PARKING SPACES
Total Spaces Required On Lot	Required Number Of Accessible Spaces
1 to 10	0
11 to 50	1
51 to 100	2
101 to 500	3
500 or more	2 spaces for each accessible entrance, but not less than 3 spaces total

15. The off-street parking requirements for the self-care unit aspect of nursing homes may be reduced to seventy-five hundredths (0.75) space per dwelling unit, when approved by the Department of Planning. Such a reduction may be approved upon verification to the Department of Transportation Services provided to the residents.

Section 415.290 Off-Street Parking And Loading Requirements — Commercial.

[R.O. 1997 § 415.290; Ord. No. 1324 App. A § 1003.165A, 8-14-2006]

Retail sales, business, personal and professional services and office and research service facilities shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Auto parts stores, except auto parts departments of department or similar stores	3 spaces for every 1,000 square feet gross	See Table B
Auto sales	3 spaces for every 1,000 square feet gross floor area of sales and show room area, 3 spaces for every service bay in repair garage areas and 1 space for every vehicle customarily used in the operation of this use or stored on the premises; this shall not include space provided for vehicles for sale or lease	See Table A
Banking facilities	3 1/2 spaces for every 1,000 square feet gross floor area (excluding areas under canopy)	None
Barber and beauty shops	3 spaces for every chair	None
Bookstores and card shops	4 spaces for every 1,000 square feet gross floor area	See Table B
Car wash, except self-service	Reservoir (line-up) parking equal to 5 times the capacity of the car wash	None
Car wash, self-service	Line-up area for each wash stall of sufficient size to accommodate 4 cars	None
Child-care centers, day nurseries	1 space for every 6 children; a safe pedestrian walkway system as approved by the Department of Planning shall be provided through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces in front of the building entrance, shall be provided in addition to standard driveway and parking requirements	None
Clubs and lodges	1 space for every 4 seats or 1 space for every 3 members	See Table B
Commercial service facilities and retail sales uses (except as herein noted)	4 spaces for every 1,000 square feet gross floor area	See Table B
Commercial vegetable and flower gardening, plant nurseries and greenhouses	2 spaces for every 3 employees on the maximum shift, 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus 4 spaces for every 1,000 square feet gross floor area of sales room	None
Equipment sales, service, rental and repair	2 1/2 spaces for every 1,000 square feet gross floor area	See Table A
Filling station (service station)	1 space for every employee on the maximum shift	None
Food markets, 5,000 square feet gross floor area and over and department stores	4 spaces for every 1,000 square feet gross floor area	See Table A
Food markets under 5,000 square feet gross floor area (convenience store)	3 1/2 spaces for every 1,000 square feet gross floor area	See Table B
Furniture store, retail	2 1/2 spaces for every 1,000 square feet gross floor area	See Table A
Home improvement centers	4 spaces for every 1,000 square feet gross floor area	See Table B
Hotels, motels	1 space for every sleeping unit, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table B
Kennels	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Laundry and dry cleaning pickup	3 1/2 spaces for every 1,000 square feet gross floor area	See Table A
Mail order sales	1 space for every employee, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Medical and dental offices and clinics	3 spaces for every 1,000 square feet gross floor area or 4 spaces for every doctor and 1 space for every additional employee, whichever is greater	Table B
Mortuaries	1 space for every 5 seats, 10 space minimum	None
Offices and office buildings (except as noted herein)	3 spaces for every 1,000 square feet gross floor area	See Table B
Plumbing, air-conditioning and heating equipment (sales, repairs and warehousing)	2 1/2 spaces for every 1,000 square feet of sales office area, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Research facilities and laboratories (under the same ownership or management)
(a) Less than 100,000 square feet	3 spaces for every 1,000 square feet of gross floor area up to 50,000 square feet, plus 2 1/2 spaces for every 1,000 square feet gross floor area over 50,000 square feet	See Table B
(b) 100,000 square feet or larger	300 spaces plus 2 spaces for every 3 employees over 400 employees	See Table B
Restaurants, bar, cocktail lounge	1 space for every 3 seats plus 2 spaces for every 3 employees on the maximum shift	None
Restaurants, fast-food	1 space for every 2 seats plus 2 spaces for every 3 employees on the maximum shift	None
Towed vehicle storage yards	2 spaces for every 3 employees on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Vehicle service centers and repair facilities	1 space for every employee on the maximum shift, 3 spaces for every service bay and 1 space for every vehicle customarily used in operation of the use.	None
Veterinary clinics and hospitals	3 spaces for every doctor plus 1 space for every additional employee	None

Section 415.300 Off-Street Parking And Loading Requirements — Cultural, Entertainment And Recreational.

[R.O. 1997 § 415.300; Ord. No. 1324 App. A § 1003.165B, 8-14-2006]

Cultural, entertainment and recreational uses shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Athletic fields	20 spaces for every diamond or athletic field or 1 space for every 4 seats, whichever is greater. (1 seat is equal to 2 feet of bench length)	None
Auditoriums, theaters, meeting rooms and places for public assembly (except as noted herein)	1 space for every 4 seats or 1 space for every 50 square feet gross floor area when there is no fixed seating	See Table B
Boat dock, harbor, marinas	0.7 spaces for every berth or mooring, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Bowling alleys	4 spaces for every alley	None
Camping	1 dust free 10 by 30 space for every campsite	None
Clubs and lodges	1 space for every 4 seats or 1 space for every 3 members	See Table B
Community centers and private not-for-profit recreation centers, including gymnasiums and indoor swimming pools	3 spaces for every 1,000 square feet gross floor area	None
Fairgrounds	Sufficient open land convertible to parking such that no vehicle need be parked on any street	None
Golf courses	Space equivalent to 1% of the total land area; parking areas along roads or private drives may be used to fulfill this requirement	None
Golf driving ranges	1/3 spaces for every tee	None
Gymnasium without bleachers or fixed seating (except as noted herein)	1 space for every 100 square feet gross floor area	None
Handball, racquetball courts	2 spaces for every court	None
Ice and roller rinks	1 space for every 100 square feet of skating area or playing surface	None
Indoor soccer	50 spaces for every playing field, plus 1 space for every 3 seats of spectator seating (1 seat equals 2 feet of bench length), plus 2 spaces for every 3 employees on the maximum shift, but in no case less than 100 spaces.	None
Parks, playgrounds, picnic grounds, excluding publicly owned properties by the State, County or City	Space equivalent to 1% of the total land area. Parking area available along park roads or private drives may be used to fulfill this requirement.	None
Racetracks	1 space for every 4 seats. (1 seat is equal to 2 feet of bench length)	None
Recreation centers	3 spaces for every 1,000 square feet gross floor area	None
Retreats, having dormitories	1 space for every 2 dormitory units, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Retreats, without dormitories	Sufficient parking area such that no vehicle need be parked on any street.	None
Stadiums, sports arenas and gymnasiums with spectator facilities	1 space for every 4 seats. (1 seat is equal to 2 feet of bench length)	See Table A
Swimming pools	1/2 spaces for every 100 square feet of water area	None
Tennis courts	3 spaces for every court	None

Section 415.310 Off-Street Parking And Loading Requirements — Industrial.

[R.O. 1997 § 415.310; Ord. No. 1324 App. A § 1003.165C, 8-14-2006]

Industrial uses shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Blacksmith, sheet metal and welding shops; and laundry or dry cleaning plants	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Mail order sales; and manufacturing and fabrication	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Plumbing, air-conditioning and heating equipment (sales, repairs and warehousing)	2 1/2 spaces for every 1,000 square feet gross floor area of sales and office area, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Warehousing and wholesaling	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A

Section 415.320 Off-Street Parking And Loading Requirements — Institutional.

[R.O. 1997 § 415.320; Ord. No. 1324 App. A § 1003.165D, 8-14-2006]

Institutional uses shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Churches	1 space for every 4 seats (1 seat equals 2 feet of bench length), plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Fire stations	1 space for every employee on the maximum shift	None
Foster homes	1 space for every 5 beds, plus 1 space for every 2 employees on the maximum shift	None
Hospitals	1 space for every 2 beds, plus 1 space for every staff doctor and employee on the maximum shift	See Table B
Libraries, reading rooms	4 spaces for every 1,000 square feet gross floor area, 1 space for every 6 seats in an accessory auditorium and 2 spaces for every 3 employees on the maximum shift	None
Nursing homes	1 space for every 5 beds, 1 space for every self-care unit and 1 space for every 2 employees on the maximum shift	See Table B
Police stations	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Postal stations	3 spaces for every customer service station, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	See Table A
Schools, public and private, all grades and vocational	1 space for every classroom and office and 1 space for every 4 students over 16 years of age	None

Section 415.330 Off-Street Parking And Loading Requirements — Open Space And Agriculture.

[R.O. 1997 § 415.330; Ord. No. 1324 App. A § 1003.165E, 8-14-2006]

Open space and agricultural uses shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Agriculture operations, farm buildings	Sufficient open land available for parking so that no vehicle need be parked on any street	None
Cemeteries	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Forest and wildlife reservations	Sufficient open land available for parking so that no vehicle need be parked on any street	None

Section 415.340 Off-Street Parking And Loading Requirements — Residential.

[R.O. 1997 § 415.340; Ord. No. 1324 App. A § 1003.165F, 8-14-2006; Ord. No. 2213 § 13, 10-10-2016]

Residential uses shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Dormitories or group living facilities	1 space for every 2 dormitory units or 1 space for every 3 occupants	None
Dwellings, multiple-family, row houses or other group house arrangements	2 spaces for every living unit	None
Dwellings, single-family	1 space for every dwelling, except 2 spaces for every dwelling in the "NU" Non Urban District	None
Dwellings, two-family	1 space for each living unit	None
Group homes for the elderly	2 spaces for each such use	None

Section 415.350 Off-Street Parking And Loading Requirements — Transportation, Communication And Utilities.

[R.O. 1997 § 415.350; Ord. No. 1324 App. A § 1003.165G, 8-14-2006]

Transportation and communication uses and utilities shall provide off-street parking and loading facilities as follows:

Use	Minimum Parking Requirement	Minimum Loading Requirement (Section 415.360)
Airports, heliports and landing strips	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus 1 space for every 200 square feet of lobby area	See Table A
Highway Department garages; public utilities and sewage treatment plants; radio, TV and other communication facilities; and railroad switching yards	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises	None
Terminal (air, bus, railroad, truck and watercraft)	2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus 1 space for every 200 square feet of lobby area	See Table A

Section 415.360 Minimum Loading Requirements.

[R.O. 1997 § 415.360; Ord. No. 1324 App. A § 1003.165H, 8-14-2006]

When required in conjunction with uses specified elsewhere in this Chapter, loading spaces shall be provided in accordance with the following tables:

TABLE A
Gross Floor Area (Square Feet)	Number Of Minimum 10 Foot By 40 Foot Loading Spaces*
5,000 — 24,000	1
24,000 — 60,000	2
60,000 — 96,000	3
96,000 — 144,000	4
144,000 — 192,000	5
192,000 — 240,000	6
240,000 — 294,000	7
294,000 — 348,000	8
For each additional 54,000	1 additional loading space
* Each 10 feet by 40 feet loading space shall have a height clear of obstruction of not less than 14 feet.

TABLE B
Gross Floor Area (Square Feet)	Number Of Loading Spaces 10 Feet By 25 Feet Minimum	Number Of Loading Spaces 10 Feet By 40 Feet Minimum*
2,000 — 10,000	1	0
10,000 — 25,000	2	0
25,000 — 100,000	2	1
For each additional 100,000	1 additional	1 additional
* Each 10 feet by 40 feet loading space shall have a height clear of obstruction of not less than 14 feet.

Section 415.370 Review And Approval Of Development Near City, County Or State Parks.

[R.O. 1997 § 415.370; Ord. No. 1324 App. A § 1003.166, 8-14-2006]

A. Scope Of Provisions. The regulations contained in this Section shall apply to development, other than one (1) detached single-family residence, within one thousand (1,000) feet of an established or authorized public park or reservation.

B. Statement Of Intent. The purpose of this Section is to provide for review of proposed development, other than the construction of detached single-family residences, in the neighborhood of public parks and reservations to insure the preservation of public investment in such parks by reducing the harmful effects of conflicting adjacent development.

C. Review, Approval And Appeal Procedures. The review, approval and appeal procedure for developments near City parks shall be as follows:

1. Prior to the issuance of a building permit for any development subject to the regulations contained in this Section, the Department of Public Works shall require the applicant to submit for review and approval:

a. A site plan of the proposed development showing proposed uses and structures, landscaping, parking and circulation, grading or other changes in the elevation of the land and the location and size of all isolated trees having a diameter at the base of two (2) inches or more and all tree masses, indicating which are to be removed; and

b. Architectural elevations of that side of the development closest to the park and of each side facing a public right-of-way. The finish and material of all exterior surfaces visible in such elevation shall be specified. All proposed fences shall be shown and their height, type, material and finish indicated. All signs or other advertising devices which will be visible from any point on the perimeter of the park shall be shown and their material, finish and message indicated.

2. The City of Wildwood's Department of Planning and Parks, the Missouri Department of Conservation or the Department of Natural Resources shall review the plans and, within ten (10) days, forward its recommendations to the Planning and Zoning Commission for its consideration.

3. The Planning Commission shall review the plans, comments and recommendations of these agencies and the Department of Planning. If the Commission finds that the nature, construction or design of the proposed development will be harmful to the beneficial use of the park by the public, it shall reject the plans. The rejection shall be in writing, shall indicate the reasons therefor and shall specify modifications necessary and sufficient to protect the nature and use of the park.

4. The determination of the Planning Commission may be appealed within fifteen (15) days by the developer or any aggrieved party upon filing of a notice of appeal and payment of an appeal fee of fifty dollars ($50.00). Such notice of appeal shall be directed to the City Council and referred to an appropriate committee which may hold a public hearing on the appeal in the same manner and in accordance with the same procedure as is required for an appeal from a change of zoning. The Council may reverse, affirm or modify the determination of the Planning Commission.

5. The requirements of this Section are in addition to the Building Code, Chapter 420, Subdivision and Development Regulations, other provisions of this Chapter and any other applicable law. Review of development under this Section shall be coordinated, insofar as possible, with review of plans under other provisions of this Chapter and Chapter 420, Subdivision and Development Regulations, under the direction of the Director of Planning. The Department of Public Works shall issue the requested building permits, if:

a. Plans for the proposed development have been approved or not rejected within sixty (60) days by the Planning Commission unless an appeal is filed; and

b. All other provisions of law applicable to building permits are satisfied.

Section 415.380 Miscellaneous Regulations.

[R.O. 1997 § 415.380; Ord. No. 1324 App. A § 1003.167, 8-14-2006; Ord. No. 2208 § 1, 8-22-2016]

A. Scope Of Provisions. This Section contains miscellaneous regulations, which are applicable to all Sections of this Chapter, unless otherwise noted by reference therein.

B. Single-Family Dwellings. Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval.

C. Primary Use To Be Established. No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.

D. Multiple Uses On The Same Tract. In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.

E. Easements Dwelling Units. Land area to be utilized for large lot roadway easements need not be deducted from gross site area in calculating the maximum number of dwelling units permitted on a parcel or tract of land.

F. Street Right-Of-Way. Land dedicated to public street right-of-way shall not be included in computing minimum lot area for the purposes of this Chapter. However, if, through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of Chapter 420, Subdivision and Development Regulations, is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

G. Future Street Lines. Where a line has been established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street line. Required yard space shall be measured from private roadway easement boundaries or from road maintenance or other road-related easements where such easements abut public road rights-of-way.

H. Corner Lot — Rear And Side Yard Setback Requirements. Each corner lot shall have a rear yard and a side yard with minimum setback requirements of the applicable zoning district. The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first building on the property.

I. Illumination Structures In Certain Districts.

1. All illumination structures, except for approved street lights, shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjacent properties in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. At the discretion of the Planning and Zoning Commission, as part of their review of site development plans, it may require a lighting study to determine the necessary treatments to eliminate off-site spillage per the above stated requirements.

2. Architectural Review In All Zoning Districts.

a. All buildings and structures, except single-family dwellings and related accessory uses permitted by right, in any established zoning district designation within the City of Wildwood shall submit architectural elevations and a model of simplified form to the Architectural Review Board for review and action.

b. Other items necessary to this review may also be required of the applicant by the Architectural Review Board. Except as may be modified by the Town Center Architectural Guidelines, all developments subject to this Section shall comply with the standards set forth below and such more specific guidelines as may be adopted by the Architectural Review Board and the Department of Planning consistent with this Section. Such supplemental guidelines shall be effective after review and recommendation of the Department of Planning and ratification by the City Council. No building permit shall be authorized by the City of Wildwood for any development subject to this Section, which does not have an approved architectural elevation(s). Appeal of decisions made by the Architectural Review Board shall be to the City Council pursuant to the procedure in Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures. Said standards are as follows.

c. General Design Standards.

(1) Material selection and construction quality should maintain the highest standard possible.

(2) Architectural style and development appearance should complement or be consistent with the surrounding natural and built environment.

d. Site Design Standards.

(1) Design and building placement must take into account sensitivity to the site and the surrounding area and incorporate the environmental features as defined by the Natural Resource Protection Standards.[1]

[1] Editor's Note: See Ch. 420, Subdivision and Development Regulations.

(2) Design of parking areas must reflect site characteristics and reduce excessive land disturbance by minimizing paved surfaces, utilizing alternative materials and terracing or other similar construction techniques.

(3) Design of buildings or clusters of buildings should avoid "monotonous tendencies."

(4) Design, orientation and presentation of all buildings visible to the public from an adjoining public right-of-way shall particularly address this elevation(s).

(5) Views enjoyed by surrounding properties shall be maximally preserved, where possible, through accommodations in the mass, bulk and height of structures.

(6) Orientation of buildings shall consider, at least, natural lighting qualities and benefits.

(7) Landscaping materials must be utilized as part of any improvement and should complement the exterior color and treatments of the buildings located on the lot.

e. Building Design Standards.

(1) Proportions of building elements shall be consistent and achieve harmony in design.

(2) Mass, bulk and height should be consistent with and complement the surrounding development pattern, individual site characteristics and overall lot area.

(3) Relationships should be compatible between each building or site improvement and the overall design concept and surrounding properties.

(4) Accessibility within the project should be pedestrian oriented, visually appealing and functional.

(5) Building materials should be of the type normally used in this area.

(6) Colors should complement the area's natural setting. A master list may be a suitable option to consider in this regard.

(7) Variations to these guidelines may be granted by the Architectural Review Board where the variation satisfies the intent and objectives of these guidelines.

J. Issuance Of Grading, Building, Etc., Permits In Certain Districts. No permits shall be issued for grading, building or use of a site governed by a planned district or special procedure permit which are not in accord with site development plans or other final plans approved by the Planning Commission or Department of Planning.

K. Grading Plans To Be Submitted — When. No subdivision, rezoning or conditional use permit shall be granted until a grading plan complying with all grading requirements has been submitted and reviewed by the Department of Public Works and Department of Planning.

L. Yards To Be Open To Sky — Exceptions. Every part of a required yard shall be open to the sky, unobstructed except as follows:

1. Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches;

2. Ordinary projecting of chimneys and flues, not to exceed seventy-two (72) inches in width, projecting not to exceed twenty-four (24) inches;

3. Roof overhangs projecting not to exceed eighteen (18) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear yard, but no closer than forty-eight (48) inches to a property line;

4. Canopy overhangs for service stations projecting a maximum of eighteen (18) inches into required front yards;

5. Slab type porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten (10) feet;

6. In all "R" Residence Districts air-conditioning units extending into side or rear yards a maximum of thirty (30) inches, with air-conditioning units including mounting pedestals not to exceed forty-eight (48) inches in height above ground elevation within said side or rear yards;

7. Accessible ramps and sidewalks as otherwise permitted by this Chapter; but, in no instance, flatwork for the intended purpose of vehicle parking or staging. Single-family dwellings constructed with side or rear entry garages shall be exempted from this prohibition, but the location of driveways and parking areas shall be as authorized on either the development's authorized Site Development Plan, Improvement Plans, or Plot Plan for building permit authorization.

M. Temporary Structures. Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.

1. Temporary buildings and trailers may be used as construction offices, field offices or for storage of materials to be in connection with the development of said tract, provided that said temporary structures are removed from said tract within this thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development, after revocation of building permits or on order of the Director of Public Works upon a finding that said temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with the City of Wildwood. Additional regulations are as follows:

a. No temporary building or trailer can be located within view of any public roadway, other than those streets, which are or have been constructed as part of the overall development currently underway. If the placement of any temporary building or trailer cannot meet this requirement for the preservation of the viewscape along a public roadway, the following alternative may be employed: a solid board fence, six (6) feet in height, shall be erected around the perimeter of the site where the trailers are proposed. This fence must be painted white, black or left natural in color, unless a comparable material is submitted and approved by the Department of Planning for use on the site.

b. Any temporary building or trailer located along an internal street within a residential development currently under construction shall be screened by a fence, six (6) feet in height, which is erected around the perimeter of the site. This fence may be constructed of wood, chain-link or a comparable material, which must be approved by the Department of Planning for use on the site. Landscaping materials must be placed around the perimeter of the fenced area and provide a continuous, non-seasonal screen of plantings and meet the requirements of the City's Tree Manual in this regard. This planting pattern shall be approved at the time of the zoning authorization for the placement of the building or trailer on the site.

2. Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and operation discontinued and all temporary structures and facilities must be removed from the tract:

a. Within thirty (30) days after lots or dwelling units have sold, rented or leased; or

b. After the passage of thirty (30) days from the date of the last transaction after ninety percent (90%) of the development has been sold, rented or leased. A bond in the amount of one thousand dollars ($1,000.00) guaranteeing the removal of any such temporary structure or facility shall be posted with the City of Wildwood prior to commencement of use.

3. No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located, unless otherwise not authorized by Subsection (M)(1)(a) and (b) of this Section.

4. Any other provision of the law notwithstanding, a building permit or occupancy permit shall not be required for buildings or trailers permitted in Subsection (M)(1) of this Section. However, an electrical permit shall be required for the establishment of service to any temporary building or trailer used for the aforementioned purposes.

5. The storage of construction materials shall comply with the location permitting and screening requirements identified in Subsection (M)(1)(a) and (b) of this Section, including authorization from the respective fire district to maintain or store hazardous or flammable materials on the site according to the applicable Fire Code. Additionally, no storage of construction materials or debris, regardless of its nature, shall be allowed on a property adjoining, abutting or otherwise adjacent to an occupied single-family dwelling or where construction on the same is underway, unless a minimum of fifty (50) feet is maintained between the material storage area and the property line of the lot where the single-family dwelling is located or under construction.

N. Copy Of Approved Ordinance To Be Given To Operator, Owner, Etc. — Acknowledgement. In each instance in which approval of use or development of property is made subject to conditions by the City Planning Commission in the approval of a conditional use permit, special procedure, mixed use development or planned industrial or commercial development, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners or petitioner to the operator, owner and manager, including successor operators, owners and managers. Each successor shall forward to the Director of Planning and Parks an acknowledgement that he or she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.

O. Plats To Be Consistent With Plan. Subsequent to approval and recording or filing of a final development plan, site development plan, site development concept plan, section plan or similar plan for the development and use of property under the special procedures of this Chapter or under the regulations of a planned district ("C-8" or "M-3"), no development of property subject to such a plan shall be performed and no permit shall be issued for development unless such development is consistent with the plan and unless the property has been platted in accordance with Chapter 420, Subdivision and Development Regulations, of the City of Wildwood Code. No plat for property subject to such a plan shall be approved unless the plat is consistent with the plan.

P. Litter.

1. In this Subsection, the word "litter" means and includes garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this Chapter or any other ordinance.

2. Except as provided in this Subsection:

a. No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.

b. The owner or person in control of any private property shall, at all times, maintain the premises free of litter.

3. It shall be lawful:

a. To accumulate or store non-putrescible litter in a sightproof structure or container.

b. To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of-way.

c. To operate an otherwise lawful vehicle or machinery repair facility, construction material stockpile or sewage treatment facility.

d. To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use.

e. To keep not more than one (1) unlicensed vehicle outdoors for hobby or instructional purpose, provided that any such vehicle kept for more than seventy-two (72) hours shall be kept behind the residence or other principal structure on the property.

Q. Amusement Devices And Activities — Christmas Tree Sales Lots — Sales Yards.

1. The Director of Public Works is authorized to issue a permit for the installation of amusement devices on a temporary basis within any zoning district, provided that said permit shall not be valid for more than ten (10) consecutive calendar days and, further provided, that no permit shall be valid without a license to operate. The Director may, in regard to any given site, designate the hours and days of the week of operation and the specific location of the amusement devices on the property. No more than two (2) such permits shall be issued in any calendar year with regard to any particular property. For the purpose of this Subsection (Q)(1), "amusement device" includes those devices enumerated in Chapter 803 SLCRO and any similar device.

2. The Director of Public Works is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Public Works may request a report be submitted by the Chief of Police with respect to any traffic or public safety aspect of the proposal if appropriate. For the purpose of this Subsection (Q)(2), "amusement activity" includes a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety and traffic and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device construction or operating permit, highway special use permit or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided, however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable or for agricultural and horticultural societies. These provisions applicable to the period of time and the number of temporary permits for turkey shoots that can be held shall not apply to turkey shoots conducted on all Saturdays and Sundays falling within the months of October, November and December of each year.

3. The Director of Public Works is authorized to issue a permit to any not-for-profit organization for the installation of a Christmas tree sales lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more than thirty-five (35) days prior to Christmas day and five (5) days after Christmas day. The permit shall contain such conditions as are necessary for protection of public health, safety and traffic and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit may include the installation of one (1) temporary or portable sign not to exceed thirty (30) square feet in outline area. The location of the sign shall be as approved by the Director of Public Works.

4. The Director of Public Works is authorized to issue a permit to any church, school or other not-for-profit organization for the establishment or conducting, on a temporary basis within any zoning district, a sales yard for the sale of items for charitable purposes. The Director of Public Works may request a report be submitted by the Chief of Police with respect to any traffic or public safety aspect of the proposal, if appropriate. For the purpose of this Subsection (Q)(4), "sale of items" includes such items as plants, pumpkins, barbecue, fish fry and bake sale. The permit shall be issued for a specific period of time not exceeding fourteen (14) consecutive calendar days. The permit shall contain such conditions as are necessary for protection of public health, safety and traffic; and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. No more than four (4) such permits may be issued for any parcel of land in any calendar year.

R. Regulations For Satellite Dishes.

1. The purpose of the following regulations for "satellite dishes" or "dish antennas" of greater than one (1) meter in diameter in residentially zoned districts or greater than two (2) meters in diameter in exclusively commercially or industrially zoned areas is to improve the aesthetic appearance of these structures within all zoning districts. The regulations shall not impose unreasonable limitations on or prevent reception of satellite delivery signals by receive-only antennas or impose costs on the users of such antennas that are prohibitive in light of the purchase and installation cost of the equipment. Except as noted herein, satellite dishes of less than one (1) meter in residentially zoned districts or less than two (2) meters in exclusively commercially or industrially zoned areas in diameter are exempted from the regulations contained herein.

2. In all zoning districts, one (1) satellite dish shall be a permitted use on any lot or parcel of land. Any additional satellite dishes proposed for a lot requires a conditional use permit.

3. In no case shall a satellite dish be permitted to be attached to a portable device. Any satellite dish must be stationary. The location of a satellite dish shall be as approved by the Department of Planning on the site plan or plot plan of the property. All satellite dishes require a building permit.

4. No message or identification, other than the manufacturer's identification, shall be allowed to be portrayed on a dish antenna. The message or identification shall not exceed twenty-five hundredths (0.25) square feet in area. Satellite dishes shall be limited to mesh construction; however, a satellite dish eight and one-half (8 1/2) feet or less in diameter may be either of mesh or solid construction. All dishes shall be finished in a single neutral, non-reflective color and surface, which shall blend with the natural surroundings.

5. Ground-Mounted Satellite Dishes.

a. Any ground-mounted satellite dish shall be located in the rear yard, provided that on a corner lot, the dish cannot be located any closer to the side street than the principal building located on the lot. On any lot other than a corner lot, the dish shall be placed in an area bounded by the side yard setback lines, the rear wall line of the primary structure and the rear yard setback line. The side and rear setback lines shall be in accordance with the setback requirements of the underlying zoning district.

b. Ground-mounted satellite dishes in the commercial, industrial or multi-family districts shall be located in a designated service area outside of any required landscape area or front and side yard setback area. The antenna shall not be placed in the area between the front setback line and the structure.

6. Screening Of Satellite Dishes.

a. Screening of satellite dishes shall serve to reduce the visual impact on adjoining properties without impeding the "line of sight" of dish reception. The location and type of screening shall be as approved by the Department of Planning on the site or plot plan.

b. Screening shall be accomplished through the use of fencing, landscaping, in the form of evergreen and deciduous trees and shrubbery, structures or topography. For ground-mounted satellite dishes in the single-family residential districts, trees and shrubs shall be at least one-half (1/2) the height of the dish at the time of planting. (The center of the dish shall be determined as the point where the dish is attached to its base when viewed from off of the site.) The landscaping material shall be maintained and replaced if it dies.

c. Screening of roof-mounted antenna in commercial, industrial or multi-family districts is required up to three (3) feet or to the center of the dish, whichever is greater. The design and material composition of the screening shall be compatible with the existing building design and colors and be approved by the Department of Planning.

d. For buildings listed on the National or State Register of Historic Places or the Wildwood Register or within a historic area or district designated on the City's Master Plan, no antenna or dish shall not be visible from fronting or flanking streets or otherwise visible from public view at any point. This is to maintain the aesthetic characteristics of the historic structures and neighborhoods. No antenna or dish greater in size than necessary for its purpose shall be permitted in these historic areas, including dishes of less than one (1) meter in residentially zoned areas or less than two (2) meters in exclusively commercially or industrially zoned areas if a smaller size is feasible.

7. For the "R" residential zoning districts other than the multi-family districts, the height of ground-mounted satellite dishes shall not exceed twelve (12) feet above the average grade. The dishes shall not exceed a diameter of ten (10) feet. For lots of three (3) acres or more in the "NU" Non-Urban Residence District, satellite dishes shall not exceed a diameter of twelve (12) feet with no restriction on height; otherwise, dishes on lots less than three (3) acres in the "NU" District shall not exceed twelve (12) feet in height or ten (10) feet in diameter. Roof-mounted satellite dishes in the multi-family residential districts, commercial districts and industrial districts shall not exceed eight (8) feet in diameter or a total structure height of ten (10) feet.

S. Recreational Vehicles, Boats And Trailers. In all residence districts, boats, trailers and recreational vehicles shall be parked behind the established front building line or completely screened from view from any roadway, right-of-way or adjoining property; provided, however, this provision shall not apply to vehicles parked outdoors for a period of less than twenty-four (24) consecutive hours occurring no more than four (4) times per month on the same property and, further provided, that parking for two (2) hours or less in any twenty-four (24) hour period shall not constitute a prohibited parking under this Subsection.

T. Kiosks. Kiosks, consisting of uninhabitable structures and associated islands of less than one thousand (1,000) square feet in total surface area, shall be a permitted accessory use to a business or activity located on the same site with no more than two (2) service aisles in associate with it, provided such structure is authorized by a site-specific ordinance, subject to modifications as may be authorized by the same. The height of any kiosk shall not exceed eleven and a half (11.5) feet above finish grade of the surrounding parking lot or drive aisle area. Interior height of the kiosk, that distance from final finish grade of the drive aisle or parking lot to the interior ceiling of the canopy structure, shall not exceed ten (10) feet in height. However, the canopy band in association with the kiosk cannot be greater than eighteen (18) inches in height. Motion detectors shall be employed with kiosk lighting, except signage. Said sensors shall limit the illumination of these lights to five (5) minutes. The installation of an accessory kiosk shall be additionally subject to approval required as part of a site development plan submittal including limitations reflected by a traffic analysis of the circulation pattern for the kiosk or other reasonable considerations relative to the site. All kiosk structures shall be subject to review by the City's Architectural Review Board and all other or limiting requirements of a site-specific ordinance.

U. Commercial Vehicles. Open storage of all commercial vehicles is hereby prohibited in all residence districts. A commercial vehicle left in a stationary position for twenty-four (24) hours not completely screened from any roadway, right-of-way or adjacent property will be deemed open storage in violation of this Subsection.

V. Required Vehicle Registration Information of Parked Vehicles at Hotels and Motels.

[Ord. No. 2490, 8-26-2019]

1. Definitions. For purposes of this subsection, the terms used herein shall be defined as follows:

HOTEL

Shall have the same meaning as set forth in Section 415.030 of this Chapter, as amended.

MOTEL

Shall have the same meaning as set forth in Section 415.030 of this Chapter, as amended.

OPERATOR

The individual or entity that is responsible for the management of a hotel, or the person who appears to the general public to have supervisory responsibility for the management of such hotel.

OWNER

Shall have the same meaning as set forth in Section 315.005 RSMo., as amended.

2. Any owner and/or operator of a hotel or motel shall be required, at the time of any guest registration, to require that the guest enter into a registry to be maintained by the owner and/or operator, the following:

a. The name and address of the guest;

b. The make, year, model, color, and license plate number and state of issuance of the vehicle being parked or stored in conjunction with the stay;

c. The guest's date and time of arrival and scheduled departure date; and

d. The room number assigned to the guest.

3. The guest registry required to be maintained pursuant to this subsection shall be kept and maintained by the owner and operator for a period of thirty (30) days on the premises of the hotel or motel and in a location where it can be obtained upon request.

4. Any Law Enforcement Official charged to enforce the City of Wildwood's laws, codes, and regulations within its municipal boundaries shall have authority to request access to the guest registry for inspection. Should access to the guest registry be denied by the owner or operator of the hotel or motel, such enforcement official shall have recourse to the remedies provided by law to secure access to the guest registry for inspection.

5. Maintenance of a guest registry pursuant to the requirements of this subsection shall be a condition for the issuance of a business license to any hotel or motel pursuant to Chapter 605 of the Code of Ordinances of the City of Wildwood. Failure of any owner or operator to maintain a guest registry shall subject the hotel or motels business license to suspension or revocation of their business license and such other penalties, as may be set forth in Sections 415.570, 605.210 and 605.220 of the Code of Ordinances of the City of Wildwood, as amended, or as may be otherwise provided by law.

Section 415.390 Area Regulations For Group Homes For The Developmentally Disabled.

[R.O. 1997 § 415.390; Ord. No. 1324 App. A § 1003.167A, 8-14-2006]

A. Group homes for the developmentally disabled shall, in all zoning districts in which established, comply with the following space requirements:

1. Each bedroom occupied by one (1) person shall contain at least eighty (80) square feet of floor space.

2. Each bedroom occupied by more than one (1) person shall provide at least sixty (60) square feet of floor space per person and no more than four (4) persons shall occupy each bedroom.

3. Each home shall provide eighty (80) square feet of interior floor space, excluding bedrooms, kitchens, bathrooms, closets and basements, for each occupant, including staff.

Section 415.400 Sign Regulations — General.

[R.O. 1997 § 415.400; Ord. No. 1324 App. A § 1003.168, 8-14-2006; Ord. No. 1364 § 1, 12-11-2006; Ord. No. 2553, 4-27-2020]

A. Findings, Purpose And Intent; Interpretation.

1. Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of Section 415.400, et seq., of this Code, as amended, is to regulate the size, color, illumination, movement, materials, location, height and conditions of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of convenient, attractive and harmonious community, protection against destruction of or encroachment on historic convenience to citizens and encouraging economic development. Sections 415.400, et seq., of this Code allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. Section 415.400, et seq., must be interpreted in a manner consistent with the First Amendment guarantee of free speech.

2. Signs not expressly permitted, as being allowed by right, or by conditional use permit, site-specific ordinance, by specific requirements in other provisions of this Chapter, or otherwise expressly allowed by the City Council or the Board of Adjustment are prohibited.

3. A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of Section 415.400, et seq., is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interest identified in Subsection (A)(1) of this Section.

4. These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

5. These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the City. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one (1) or more of the purposes set forth above.

6. These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

7. These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by this State, the Federal government or the City of Wildwood. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illuminate the type of sign that falls within the immunities of the government from regulation.

8. Signs containing non-commercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

B. Sign Permits.

1. Except as otherwise expressly set forth in this Chapter, no sign shall be erected, constructed, posted, painted, altered, maintained or relocated until a permit has been issued by the Department of Planning. Before any permit is issued, an application, provided by the Department of Planning, shall be filed, together with drawings and specifications as may be necessary to fully advise and acquaint the Department of Planning with the location, construction, materials, manner of illuminating and securing or fastening and the delineation to be of the sign. All signs that are to be illuminated by one (1) or more sources of artificial light shall require a separate electrical permit and inspection.

2. Structural and safety features and electrical systems shall be in accordance with the requirements of the City of Wildwood Building Code. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this Chapter and applicable technical codes. Signs found to be in violation of the requirements of this Chapter and/or applicable technical codes and, which are determined to be a danger to public health and safety, may be subject to the provisions of Article IV of Chapter 215 of this Code (Nuisance Code).

C. Prohibited Signs. Signs are prohibited in all districts unless:

1. Constructed pursuant to a valid building permit when required under this Code;

2. Authorized under the City Code.

D. Determination Of Sign Area. The following regulations shall govern the determination of sign area:

1. Outline Area Of Sign.

a. Monument Signs. The outline area of a monument sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, representation, logo or any figure or similar character together with the outer extremities of any frame or other material or color forming an integral part of the display which is used as a background for the sign. The area of a monument sign of individually cut out writing, representation, logo or any figure or similar character which is not enclosed by framing and which projects from a sign support or main body of a sign is the sum of the areas of all of the triangles or parallelograms necessary to enclose each writing, representation, logo or any figure or similar character, including the space between individual letters comprising a word, but not including the space between individual words.

b. Flat (Was "Attached") Signs. The outline area of a flat sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, representation, logo or any figure or similar character together with the outer extremities of any frame or other material or color forming an integral part of the display which is used as a background for the sign. The area of an attached sign of individually cut out writing, representation, logo or any figure or similar character which is not enclosed by framing and which projects from a sign support or main body of a sign is the sum of the areas of all of the triangles or parallelograms necessary to enclose each writing, representation, logo or any figure or similar character, including the space between individual letters comprising a word, but not including the space between individual words. However, any painted area that is part of the common background area of such attached sign shall be included in the outline area of the sign.

2. Double-Faced Signs. For purposes of calculating the outline area of a sign on double-faced signs, only one (1) side of a double-faced sign shall be included in the sign area. For purposes Sections 410.400, et seq., double-faced signs shall include those signs where the sign face is parallel or where the interior angle formed by the faces of a V-shaped sign is sixty degrees (60°) or less. If the two (2) faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger face.

E. Exclusions. The provisions of this Section and the following Sections shall not apply to the following structures. However, setback and height requirements for all structures, where applicable, shall be in accord with the regulations of the particular zoning district in which the structure is located.

1. Government Signs.

2. Two (2) flags on a single flag pole located within any "R" Residential Zoning District.

3. Scoreboards on athletic fields facing inwards to the audience.

4. Show window signs in a window display of merchandise when incorporated and related in content to such display and not attached to the window, except as noted herein. Painted window signs can also be authorized in the Town Center area on any window, but cannot exceed thirty percent (30%) of the area of glazing where they are to be placed. Said painted window signs can be illuminated, but by external sources only, if the lighting fixtures are placed on the exterior of the building or ground-mounted. A permit for painted window signs shall be required from the City of Wildwood.

5. Gravestones.

6. Signs of less than ten (10) square feet in outline area when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of an occupied structure or mailbox.

F. Architectural Review Of Signs.

1. Regardless of zoning district designation of a property or its location, any sign seeking a review and action by the City's Board of Adjustment must first be submitted to the City's Architectural Review Board for comments, suggestions, or recommendations in this regard. These comments, suggestions, or recommendations are not binding on the Board of Adjustment, but must be provided to it for consideration and, if not followed by its members, justification provided therein.

Section 415.410 Sign Regulations For "FP," "PS," "NU" And All "R" Districts.

[R.O. 1997 § 415.410; Ord. No. 1324 App. A § 1003.168A, 8-14-2006; Ord. No. 2009 §§ 1 — 2, 4, 8-28-2014; Ord. No. 2553, 4-27-2020]

A. Signs in the "FP" Floodplain District, "PS" Park and Scenic District, "NU" Non-Urban Residence District and all "R" Residence Districts shall only be allowed in each district as follows:

1. General Regulations.

Permitted Signs and Regulations	"FP" Floodplain	"PS" Park and Scenic	"NU" Non-Urban Residence	All "R" Residence Districts
Business signs Number	1 for each separate roadway frontage of any land use or development unless further restricted by conditional use permit			Not permitted except by conditional use permit in conjunction with specifically designated uses in the "R-1" District
Business signs Maximum outline area per sign face (square feet)	Same as regulations of district designation following letters "FP" on zoning district maps	16	30	30
Monument signs maximum outline area per sign face (square feet)	10	10	10	10
Flat signs maximum outline area per sign face (square feet)	10	10	10	10
Maximum height for all monument signs (feet)	10	10	10	10
Maximum width for all monument signs (feet)	10	10	10	10

2. Supplementary Regulations.

a. Except as may be specifically noted in these regulations, setbacks for all signs shall be governed by the minimum yard requirements in each particular zoning district.

b. Monument signs shall not exceed the maximum AGL. The ground elevation of monument signs shall be measured at the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building on the property facing the street, whichever is higher.

c. The height of all signs shall not exceed six (6) feet when located within the minimum front yard setback of each particular zoning district.

d. The height of all signs on corner lots shall not exceed three (3) feet above the elevation of the street pavement when located within the sight distance triangle.

e. All signs shall only be illuminated by non-intermittent lighting.

f. Permitted signs may either be a flat sign permanently affixed to the face of a building or a monument sign. Signs affixed to buildings shall not project above the eave line of the roof.

g. Permitted signs may be flat signs permanently affixed to a boundary wall or fence. However, other than a horizontal projection of not more than four (4) inches, such signs shall not project beyond the surface of the boundary wall or fence.

h. Any use permitted by right in the "NU" Non-Urban Residence District or any "R" Residence District and requiring more than five (5) parking spaces as defined by Section 415.280, Off-Street Parking and Loading Requirements, shall be permitted one (1) monument or flat sign on the same premises. The outline area shall not exceed fifty (50) square feet in area. A second flat or monument sign may be authorized by the Planning and Zoning Commission on properties of the same zoning district designations, as identified herein, when the following characteristics exist with regards to the lot where it is to be located: has a minimum of two (2) frontages on City-defined arterial roadways; has a lot size that exceeds ten (10) acres; and has an existing permitted use in place on the site and said activity is under continuous occupancy and use at the time of the application for the sign permit. The location of all monument signs on the subject lot must be considered and approved by the Planning and Zoning Commission on a site development plan.

Section 415.420 Sign Regulations For All "C" And "M" Districts.

[R.O. 1997 § 415.420; Ord. No. 1324 App. A § 1003.168B, 8-14-2006; Ord. No. 1364 § 1, 12-11-2006; Ord. No. 1644 § 1, 8-24-2009; Ord. No. 1710 § 1, 4-26-2010; Ord. No. 2553, 4-27-2020]

A. Signs in the "C" Commercial Districts, including the "C-8" Planned Commercial District and the "M" Industrial Districts, including the "M-3" Planned Industrial District, shall only be allowed in each district as follows, prior to the issuance of a building permit for certain types, as specifically noted herein:

1. Business Signs — Monument.

a. General Provisions. Subject to other provisions of this Section, each developed lot may have a monument sign facing each roadway on which the lot has frontage regardless of the number of buildings upon the lot. However, each building, regardless of the number of lots upon which it may be located, shall have no more than one (1) monument sign facing each roadway on which its lot or lots has frontage. For the purpose of this regulation, an aggregation of two (2) or more structures connected by a wall, firewall, facade or other structural element, except for a sidewalk, shall constitute a single building. No monument sign shall exceed fifty (50) square feet in outline area per facing; nor exceed a width of ten (10) feet; nor extend more than ten (10) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building on the property facing the street, whichever is higher.

b. Specific Regulations And Exceptions.

(1) Monument signs are not permitted in the "C-1" Neighborhood Business District.

(2) The maximum size of monument signs in the "C-2" Shopping District and the "M-1" Industrial District shall be limited to thirty (30) square feet in outline area per facing.

(3) Portable reader boards (changeable copy sign), banners, inflatable aids, such as cold air balloons, searchlights, flashers, animators or mechanical movement or contrivances of any kind used as an advertising device are prohibited.

(4) No sign shall consist of or contain rotating, vibrating or moving materials, such as paper, cloth or metal, whether attached to a fixed sign or used independent thereof.

(5) Paper posters and signs painted directly on exterior walls, chimneys or other parts of the building are prohibited.

(6) Vehicle signs must be covered, if the vehicle is parked on a public right-of-way so that the sign is not visible from a public right-of-way. This regulation shall not be applicable to any type of vehicle that are parked on the public rights-of-way to complete repairs, installations, or other services to a building or structure for no more than eight (8) hours during any twenty-four-hour period.

2. Business Signs — Attached To Wall.

a. General Provisions. The outline area of each sign shall not exceed one (1) square foot of area for every linear foot of building length, unless having direct frontage onto a City-designated arterial roadway, which shall allow up to two (2) square feet of area for every linear foot of building length. No attached wall sign shall exceed fifty (50) square feet in outline area. Business signs attached to buildings shall not project beyond the wall of the building more than eighteen (18) inches horizontally. The height of all signs, including logos or other representations, shall not exceed a size of twenty-four (24) inches and be limited to the use of individual letters (pinned-on types only) to comprise the full extent of the representation, which is not inclusive of logos and other representations. No painted signs shall be authorized, unless a gold or silver leaf application is used.

b. Specific Regulations And Exceptions.

(1) In the "C-1" Neighborhood Business District one (1) flat business sign shall be permitted for each occupied space of any building on an exterior wall facing a roadway. No such flat sign shall exceed twenty (20) square feet. Every such flat sign shall be permanently affixed to the face of the building and shall not be higher than the lowest elevation of the roof. For purposes of this Section, the term "occupied space" shall mean any building or part thereof for which a certificate of occupancy shall be issued consistent with Chapter 500 of this Code.

(2) For buildings located on corner lots or lots with double frontage, one (1) flat business sign may be constructed on any two (2) walls of a building that are exterior walls of the particular occupied space. Buildings fronting onto a commercial plaza, and adjoining two (2) abutting roadways, may be authorized a third sign, but the total square footage of all signage shall not exceed that allowed by a combination of the two (2) permitted signs.

(3) Business signs that are flat signs on walls facing the property line of an adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall not be permitted.

(4) Where a lot or parcel of land is developed with more than one (1) building, interior buildings shall be permitted the same type and number of wall signs as peripheral buildings. The mounting requirements of the permitted signs shall be the same as any flat business sign.

(5) In buildings containing multiple tenants where public access to individual tenant space is gained via interior entrances, said building shall be allowed no more than one (1) flat business sign on any two (2) walls having roadway frontage. Said flat business signs shall be the same.

(6) Rooftop signs are prohibited.

(7) Signs may be painted or otherwise permanently affixed to the surface of an awning or canopy. The height of these letters, symbols or logos shall not exceed six (6) inches in size. The outline area of the message shall not exceed five percent (5%) of the horizontal projection in elevation of the exterior surface of the awning or canopy. Said message outline area, when utilized as a design accent only as described above, shall not be counted toward the allowable outline area for a business sign. The following requirements shall also apply to signs incorporated onto permitted awnings:

(a) Front lance of awning shall be eight (8) inches to ten (10) inches in length.

(b) All awnings shall be made of canvas, not plastic.

(c) No lighting shall be authorized of the awning from below its horizontal plane.

(d) Awning colors shall be limited to a maximum of three (3) in total.

(e) Shallow-tipped awnings shall be used with a 1:3 slope.

(f) Awnings shall not have side panels associated with them.

(g) Architectural Review Board review and consideration shall be required.

3. Projection Signs.

a. General Provisions.

(1) Minor Types. Each tenant space shall be authorized to install one (1) projection sign. If business activity is located on the ground floor of a building, a maximum size of four (4) square feet shall be authorized for this sign. If the business activity is located on the second floor of the building, a maximum size of this sign shall not exceed two (2) square feet in overall area and shall not be counted toward the area of allowable attached signage referenced in Section 415.420(A)(2). All projection signs may be lighted, but by external sources only.

(2) Major Types. The City Council, by authorization through a "C-8" Planned Commercial District ordinance for a specific site, may authorize a business that is located in an end-cap unit of a two-story or greater height building a major projection sign. This end-cap unit shall have direct visibility to an arterial roadway of the State, County or City. For purposes of these regulations, "major projection signs" are defined as projection signs that shall not exceed thirty (30) square feet in size or ten (10) feet in height and must be lit by external sources only. No major projection sign shall exceed the eave line height of the building where it is to be attached.

b. Specific Regulations And Exceptions.

(1) Projection signs shall not be placed closer than twenty (20) feet to an adjoining projection sign that is located on the same floor and must be structurally secure in their installation, as authorized by a building permit from the City of Wildwood.

(2) The placement of projection signs shall provide a minimum of eight (8) feet of separation from the bottom of the signboard to the finish grade elevation of the abutting sidewalk.

(3) The type of materials and design of the projection signs shall be reviewed and acted upon by the Architectural Review Board, before any permits shall be issued by the Department of Planning for their erection.

(4) Certain projection signs (minor types), as determined by the Architectural Review Board, due to their shapes or designs in relation to the architectural elements of the buildings to which they are attached, shall be allowed an additional thirty percent (30%) of overall area relative to their allowable size referenced in Section 415.420(A)(3)(a).

4. Sandwich Board Signs.

a. General Provisions. Each ground floor tenant space shall be authorized to place a sandwich board type sign in front of its business space during normal business hours, Sunday through Saturday. A maximum size of this sign shall not exceed ten (10) square feet in overall area and shall not be counted toward the allowable attached signage referenced in Section 415.420(A)(2). Sandwich board signs shall not be lighted.

b. Specific Regulations And Exceptions.

(1) Sandwich board signs shall not obstruct the public right-of-way or sidewalk located adjacent to or abutting the business space.

(2) Sandwich board signs and related support structures shall not exceed a height of four (4) feet, as measured from the surface where they are placed, or thirty (30) inches in width.

(3) The materials used for sandwich board signs shall be limited to wood and metal only, except the sign face itself. Materials and designs of all sandwich board signs shall be reviewed and acted upon by the Architectural Review Board, before any permits shall be issued by the Department of Planning for their placement and use.

(4) Sandwich board signs shall have the appearance of an "A" frame construction, but can be either single or double-faced in design style.

5. Advertising Signs (Billboards).

a. Advertising signs are permitted only within six hundred sixty (660) feet of any interstate or primary State highway areas zoned "C-8" Planned Commercial or "M-3" Planned Industrial Districts having provisions specifically authorizing advertising signs, provided that no such signs shall be permitted within the boundary of the Town Center District or within five hundred (500) feet outside such boundary. Any authorized sign shall be subject to the following restrictions:

(1) No portion of the sign or sign structure shall exceed ten (10) feet in height from the average ground level determined by the area within a twenty-five-foot radius from the base of the sign, nor be located at an elevation causing the top of the sign to be more than fifteen (15) feet above or below the surface elevation of any roadway right-of-way to which the sign would be visible.

(2) No advertising sign may be located closer than two thousand five hundred (2,500) feet from another existing advertising sign or from the boundary of property specifically zoned to permit such off-site signs, nor closer than one thousand five hundred (1,500) feet from the corporate limits of the City. Advertising signs shall also be located no closer than one thousand five hundred (1,500) feet from any residentially zoned property or residential dwelling. Distances shall be measured by straight linear distance at points on the centerline of the roadway right-of-way to which the sign or district is adjacent.

(3) Lighting of advertising signs shall be prohibited unless expressly approved by terms of a planned zoning ordinance pursuant to Section 415.510 or Section 415.190. Where such lighting is authorized by law, lighting may only be by means of external lighting fully shielded by a translucent material that prevents visibility of the direct light source. The lighting shall cause no direct or indirect measurable light on any adjacent property and shall be shielded to prevent all upward casting of light. For purposes of this Subsection, "measurable light" shall mean more than five-hundredths (0.05) foot-candles. Lighting of off-site signs may be prohibited in the applicable zoning district where lighting would adversely affect neighboring property owners or would create other adverse effects outweighed by the need for lighting. All lighting shall also comply with the additional regulations found in this Code and other City ordinances. (Section 415.450, Outdoor Lighting Requirement of the Zoning Ordinance.)

(4) In addition to any other applicable fees, an inspection fee of five hundred dollars ($500.00) shall be paid upon application for the permit to erect an advertising sign, to cover the costs of the City related to review for compliance with the additional requirements herein and inspection by the Department of Planning of the as-built sign for conformance with such requirements.

(5) No advertising sign shall be located within fifty (50) feet of any roadway right-of-way.

(6) The regulations of Section 415.400 and the specific regulations set forth in Section 415.420(A)(2)(b)(4 — 7) shall apply and each advertising sign shall be of monument design no greater than seventy-five (75) square feet in size.

b. If any regulation herein shall be determined to be unlawful, its invalidity shall not affect the enforceability of each and every other lawful provision and restriction.

6. Monument Signs — Non-Business Signs.

a. General Provisions. Each lot may have no more than one (1) monument sign that is not a business sign authorized pursuant to Section 415.420(A)(1) of this Code facing each roadway on which the lot has frontage. Such monument sign shall not exceed ten (10) square feet in outline area per facing; shall not exceed a width of five (5) feet; and shall not extend more than ten (10) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building on the property facing the street, whichever is higher.

b. Specific Regulations And Exceptions. The height of all monument signs authorized pursuant to this Subsection shall not exceed three (3) feet when located within the minimum front yard setback of each particular zoning district.

7. Flat Or Monument Signs — Non-Business Signs.

a. Each lot may have no more than two (2) flat or monument signs per point of access from a public or private roadway. Flat or monument signs interior to a parking area or interior portion of a lot shall be per an approved sign plan reviewed and acted upon by the Planning and Zoning Commission. Such signs shall not exceed ten (10) square feet in outline area per facing.

b. Monument signs shall not extend more than five (5) feet above the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building facing the street, whichever is higher.

c. No sign authorized pursuant to this Subsection shall be located on or over a public right-of-way without approval of the Department of Public Works.

d. The height of all signs authorized pursuant to this Subsection shall not exceed three (3) feet when located within the minimum front yard setback of each particular zoning district.

8. Supplementary Regulations.

a. Except as may be specifically noted in these regulations, setbacks for all signs shall be governed by the minimum yard requirements in each particular zoning district.

b. The height of all signs on corner lots shall not exceed three (3) feet above the elevation of the street pavement when located within the sight distance triangle.

c. Permitted signs may either be monument style in design or be a flat sign permanently affixed to the face of the building. When affixed to buildings such signs shall not project above the lowest elevation of the roof.

d. Permitted signs may be flat signs permanently affixed to a boundary wall or fence. However, other than a horizontal projection of not more than four (4) inches, such sign shall not project beyond the surface of the boundary wall or fence.

e. All signs shall be located as not to impair the visibility of any official highway sign or marker, while neither shall any sign be so placed in a manner as to obstruct the visibility of any other sign.

f. Sign illumination shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjoining properties in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. All signs shall comply with the requirements of the City of Wildwood Zoning Ordinance Section 415.450, Outdoor Lighting Requirements, and include Light Emitting Diodes (LED) as an allowable source.

g. Signs in the "C-1" Neighborhood Business District shall only be illuminated by external light sources.

h. On the effective date of this Chapter, no sign shall be animated or flashing, nor shall any sign be illuminated by any other source than shielded, white incandescent lighting, shielded neon tube, light emitting diodes (LED), or other lamp types, as set forth in Chapter 415.450, Outdoor Lighting Requirements. Shielding, for the purposes of this Subsection shall include opaque or translucent covering which obstructs the direct visibility of the light source.

i. Signs placed on vending machines, express mailboxes or service station pumps are permitted. However, no vertical or horizontal projection from the surface of the machine, mailbox or pump is permitted.

j. A restaurant with a drive-up or drive-through food pickup facility may have either one (1) monument or one (1) flat sign not to exceed thirty-two (32) square feet in area associated in placement with the order station. No monument sign allowed pursuant to this Subsection (A)(8)(j) shall exceed six (6) feet in height or width or be illuminated in any manner other than from an internal source. Landscaping shall be required in conjunction with these types of signs that is compliant with the Tree Manual/Sustainable Plantings Guide of Chapter 410 of this Code.

k. Kiosks.

(1) Kiosks (as defined by Section 415.380(T), "Miscellaneous Regulations") accessory to a business or activity located on the same site shall be authorized no more than two (2) signs in total. No one (1) sign shall exceed twelve (12) square feet in size, nor shall any portion of any figure located thereon exceed twelve (12) inches in overall height. In addition to other restrictions applicable to all signage, no box or other type of signs not fully integrated into the architecture of the kiosk shall be authorized and all permitted signs shall be constructed with a dark background material and light lettering or symbols.

(2) Lighting of the permitted signs shall be at levels appropriate for the specific location subject to any limitations in the Outdoor Lighting Requirements, Section 415.450 hereof and the Town Center Plan Architectural Guidelines, except as modified by a site specific ordinance. All sign submittals to the Department of Planning will include an analysis of such lighting for compliance to Section 415.450, "Outdoor Lighting Requirements," and including a comparison of the type and level of illumination to ensure compatibility with applicable site requirements and signage characteristics of the principal business or activity to which the kiosk is an accessory use on the site. No portion of any light fixture, including the lens, shall protrude below the horizontal plane of the interior ceiling component of the canopy structure.

l. Service station style canopies may have no more than one (1) two (2) flat signs attached on each of any two (2) sides of the vertical face of the canopy, excluding canopy supports. The outline area of each sign shall not exceed ten (10) square feet in outline area. Each sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below the vertical face of the canopy more than one (1) foot. No projection shall be permitted from any other side of the vertical face of the canopy. For purposes of this Subsection, the phrase "service station style canopy" shall mean a freestanding, open-air structure typically constructed for the purpose of shielding service station islands from the elements.

m. Regulations for any signs may be made more restrictive in the conditions of the ordinance governing a particular "C-8" Planned Commercial District or the "M-3" Planned Industrial District.

n. Flags. Flag displays are permitted in all "C" Commercial and "M" Industrial Districts. A minimum of two (2) flag poles shall constitute a flag display. All flag lengths shall not exceed ten (10) feet with a pole height not to exceed forty (40) feet. A zoning authorization and building permit is required prior to erecting a flagpole.

9. Display Kiosks.

a. General Provisions. Each project or development, as defined by its "C-8" Planned Commercial District boundary and where more than five (5) businesses are located, may be authorized to install a display kiosk. These types of kiosks shall be limited to a maximum height of eight (8) feet in size, a sign board width of no greater than thirty (30) inches, consist of no more than three (3) sides, and be constructed of wood, metal or comparable materials as approved by the Architectural Review Board. Display kiosks may be lighted, but by external sources only, unless otherwise approved by the Architectural Review Board.

b. Specific Regulations And Exceptions.

(1) Display kiosks shall not be placed within the sight distance triangle formed by the intersection of any roadways, streets, alleys, lanes, and other passageways.

(2) The design of these display kiosks shall incorporate a minimum of a twenty-four-inch separation between the bottom of the structure and the sidewalk grade where they are installed.

(3) The type of materials and design of the display kiosks shall be reviewed and acted upon by the Architectural Review Board, before any permits shall be issued by the Department of Planning for their erection.

Section 415.430 Subdivision Signs.

[R.O. 1997 § 415.430; Ord. No. 1324 App. A § 1003.168C, 8-14-2006; Ord. No. 2553, 4-27-2020[1]]

Subdivisions, which include ten (10) or more lots or units, shall be permitted a maximum of two (2) monument signs at each main entrance to the subdivision. No such sign shall exceed twenty-five (25) square feet in outline area per facing, exceed a width of ten (10) feet, nor extend more than ten (10) feet above the elevation of the adjacent street. If a single monument sign is preferred, such representation cannot exceed fifty (50) square feet in total size, while adhering to the same height and width requirements set forth herein. Such signs may be located on any platted lot or common ground of a subdivision and may also be located on any unplatted portion of the subdivision identified as part of a particular development on an approved preliminary subdivision plat or site development plan.

[1] Editor's Note: Ord. No. 2553 also changed the title of this Section from "Subdivision Information Signs" to "Subdivision Signs."

Section 415.440 Temporary Signs.

[R.O. 1997 § 415.440; Ord. No. 1324 App. A § 1003.168D, 8-14-2006; Ord. No. 2553, 4-27-2020]

A. Temporary Subdivision Signs. Temporary signs are permitted on properties located within the City, zoned for residential use, part of a platted subdivision, and for which one (1) or more valid building permits have been issued and are outstanding, subject to the following:

1. Temporary Subdivision Signs.

a. One (1) temporary sign, not to exceed fifty (50) square feet in area and not to extend more than ten (10) feet above the elevation of the adjacent street, may be erected at each entrance to the subdivision. No subdivision promotion sign shall be erected within the sight distance triangle.

b. Temporary signs may be erected on each lot on which a display house has been erected, provided that no one (1) sign exceeds fifteen (15) square feet in outline area per facing and that the total area of signs on one (1) lot not exceed forty-five (45) square feet in outline area.

2. Supplementary Regulations.

a. A sign permit shall be obtained from the City of Wildwood for the erection of each and every subdivision promotion sign. In addition to the normal structural sign permit fee required by the City of Wildwood Building Code, the applicant shall make a cash deposit with the Department of Planning of fifty dollars ($50.00) for a sign in excess of twenty (20) square feet in area and of twenty-five dollars ($25.00) for a sign of twenty (20) square feet or less in area, together with a written consent authorizing the removal of said sign and use of said deposit to be applied against the cost of removal of any such sign by the City of Wildwood or its designee without liability therefore, if such sign is not removed within five (5) days of the expiration of its permit period by the applicant.

b. The subdivision promotion sign shall be removed from the site on which it is located within one (1) year of the date the permit was issued for said sign. Application for one (1) year extensions may be made at any time prior to the last thirty (30) days of the permit period.

c. The subdivision promotion sign for which a permit is required shall bear in one (1) inch letters, on the back or attached to the support structure of said signs as indicated on plans on file for a sign permit, the expiration date of the permit or the extension thereof authorizing the erection of the sign.

B. Temporary Construction Signs. Temporary signs on commercial or industrially zoned properties for which valid building permits have been issued and are outstanding are permitted, provided that there shall be erected no more than two (2) such temporary signs per lot or development, whichever is more restrictive. Each development may have no more than one (1) such sign facing each roadway on which the site has frontage. No such temporary sign shall exceed fifty (50) square feet in outline area per facing; nor exceed a width of ten (10) feet; nor extend more than ten (10) feet in height. The signs shall be confined to the property described in the building permit and shall be removed no later than fourteen (14) days after completion of all construction on the site or after ninety (90) days of suspension of work. For purposes of this Subsection (B), completion of construction shall be evidenced by the lack of any open and pending building permits for any property located within the development.

C. Real Estate Signs. One (1) temporary sign may be located on a property when:

1. The owner consents and that property is being offered for sale;

2. For a period of sixty (60) days following the date on which a contract of sale has been executed by a person purchasing the property;

3. Such temporary signs in the "NU" Non-Urban Residence District or any "R" Residence District on vacant, undeveloped property containing five (5) or more acres in area shall not exceed thirty-two (32) square feet in outline area per facing;

4. Other such temporary signs located in the "NU" Non-Urban Residence District and all "R" Residence Districts shall not exceed sixteen (16) square feet in outline area per facing; and

5. Such temporary signs located in any "C" Commercial District or "M" Industrial District shall not exceed thirty-two (32) square feet in outline area per facing.

D. Other Temporary Signs. The following additional temporary signs are permitted in any zoning district:

1. Non-Commercial Signs. The maximum area for any one (1) sign shall be sixteen (16) square feet with a total area of thirty-two (32) square feet permitted for each lot or unit. These signs shall be erected only on private property and with temporary materials and shall be removed before such materials deteriorate. Such signs shall be exempt from the permitting requirements of Section 415.400 of this Code.

2. During the forty-day period of December 1 to January 10, a property owner may place no more than two (2) temporary signs on the property and may use lights that do not exceed one thousand six hundred (1,600) lumens as measured at the property line between the hours of 8:00 A.M. and 10:00 P.M. to decorate the property even if the lights might be arranged to form a sign. Such signs shall be exempt from the permitting requirements of Section 415.400 of this Code.

3. A property owner may place and maintain one (1) temporary sign on the property on July 4.

4. In the "NU" Non-Urban Residence District and all "C" Commercial Districts, temporary banners (a sign made of flexible materials and supported along two (2) sides, at two (2) or more corners by fixed, rigid supports, such as poles or rods) for special events may be authorized by a permit granted by the Director of Planning.

The use of any temporary banners shall meet the following criteria:

a. The location of the banner shall be limited to the property where the institutional use, business, or similar entity is situated and subject to location approval by the Director of Planning. However, no temporary banner shall be placed within public rights-of-way areas or other publicly held lands; and

b. The property has direct frontage on a City-defined arterial roadway; and

c. The number of banners allowed on any property shall be limited to one (1) in total; and

d. Each banner displayed on a property shall be displayed for no more than thirty (30) days within any given calendar year; and

e. No temporary banner may be in place for more than five (5) consecutive days over the allowable thirty-day period of time on the same property; no temporary banners may be displayed at the same property more than six (6) instances per calendar year; an interval of no less than seven (7) days must be provided between the placements of authorized temporary banners on the same property; and no temporary banner shall be allowed to deteriorate, separate from its supports, or otherwise be determined to be a public safety hazard or nuisance; and

f. No banner shall exceed thirty-two (32) square feet in overall size, nor a total of six (6) feet in height; and

g. The banner's placement shall be approved by the Department of Planning on a plot plan submitted in conjunction with the required zoning authorization form of the City, on which the applicant shall provide specific time frames relating to its installation and date of removal. Failure of the applicant to obtain the required authorizations, adherence to stipulated timelines, and/or maintenance of said temporary banners constitutes cause for their immediate removal and the issuance of a summons, without the benefit of any warning period of time to be provided.

5. Any use seeking a greater number of temporary banners for the purposes of an athletic, special, institutional, or other similar type of event may be allowed such, if reviewed and acted upon by the Planning and Zoning Commission, as part of a submittal to it, as set forth in the regulations contained in Section 415.480, Site Plan Review Procedure of this Code. The action of the Planning and Zoning Commission shall be based upon the determination of the community benefits derived from such a display of temporary banners being authorized for this display within the City of Wildwood. Any temporary banners authorized by the Planning and Zoning Commission shall meet the minimum requirements of this Chapter and be limited to a timeframe associated with the event. Thereafter, the temporary banner(s) shall be removed.

Section 415.445 Signage On Public Property — Prohibited.

[Ord. No. 2553, 4-27-2020]

No person, except a public officer or employee in the performance of a public duty, shall paint, post, paste, print, nail, stamp, tack or otherwise fasten any card, banner, handbill, sign, sticker, poster or advertisement, notice or advertising device of any kind calculated to attract the attention of the public or cause the same to be done on any curbstone, curb, lamppost, pole, hydrant, bridge, wall or tree, or upon any fixture of the City, or upon or over any public sidewalk, street, alley or other public place except as may be required by State, Federal or local law, or construct or maintain any sign upon or over any sidewalk, street, alley or other public place.

Section 415.450 Outdoor Lighting Requirements.

[R.O. 1997 § 415.450; Ord. No. 1324 App. A § 1003.169, 8-14-2006]

A. Purpose And Intent. The purpose of this Code Section 415.450, and as amended, is to provide minimum standards for effective, economical and attractive outdoor lighting that facilitates the preservation of the rural nature of the City of Wildwood. This Code is adopted pursuant to both zoning authority and independent Police power authority to protect public safety and welfare. It is in the intent of this Code to encourage, through the regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices and lighting practices and systems, which will:

1. Provide good, cost-efficient lighting in outdoor public places at night and foster safety, utility, security and productivity, while enhancing nighttime enjoyment of property within the City.

2. Minimize glare and light trespass, thus protecting neighbors from the consequences of stray light caused by nuisance glare from poorly aimed, misdirected or inadequately shielded light sources.

3. Protect drivers and pedestrians from disabling glare caused by non-vehicular light sources that shine directly into their eyes, thereby impairing safe traverse.

4. Minimize light pollution and unnecessary sky glow to curtail the degradation of the nighttime visual environment.

B. Applicability.

1. Except as expressly provided herein, the requirements of this Section shall not apply to single-family dwellings or accessory structures and uses authorized with single-family dwellings.

2. The requirements of this Section shall otherwise apply to all other uses and structures all jurisdiction, including public, private and governmental, except as provided elsewhere in this Code.

C. Definitions. Listed below are certain words and phrases cited in this Code with their intended meanings.

DIRECT LIGHT

Light emitted directly from the lamp, off the reflector or reflector diffuser or through the refractor or diffuser lens of a luminaire that is emitted in the general direction of the surface to be illuminated. The term usually refers to light emitted in a downward direction.

DIRECTIONAL DISTRIBUTION LAMP

Any of several different types of lamps which use an integral reflector and, usually, a glass cover which together provides optical control (PAR, MR and R type lamps fall within this category).

ENCLOSED

Any outdoor light fixture which has a glass, acrylic, polycarbonate or screen enclosure of the light source (quartz glass does not meet this requirement) which provides mechanical protection from lamp shattering.

FIXTURE

The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole assembly, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens.

FIXTURE CENTER LINE

For any light source installed above the ground, the path of direct light emitted from the lamp when the lamp is aimed directly downward [e.g., ninety degrees (90°) perpendicular] to the ground.

FLOODLIGHT LUMINAIRE

Any of several different types of luminaires with relatively wide beam angles [greater than thirty degrees (30°)].

GLARE

Light emitting from a luminaire with such intensity that it is great enough to reduce the viewer's ability to see and, in extreme cases, cause aversion of vision or momentary blindness.

HEIGHT OF LUMINAIRE

The height as measured by the vertical distance from the ground directly below the center of the luminaire to the lowest direct light emitting part of the luminaire.

IES

The Illumination Engineering Society of North America.

INDIRECT LIGHT

Direct light that has been reflected or has scattered off other surfaces, such that the viewer perceives light from a source other than the original lamp source.

INSTALLED

The attachment or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.

LAMP

The component of luminaire that produces the actual light, commonly known as the "bulb" or "light bulb."

LIGHT TRESPASS

The shining of light produced by a luminaire beyond the boundaries of the property for which it is intended to be directed.

LUMEN

A unit of luminous flux. One (1) foot-candle is one (1) lumen per square foot. For the purposes of this Code, the "lumen output values" shall be the initial lumen output ratings of a lamp (see Appendix A).

LUMINAIRE

A complete lighting system and includes a lamp or lamps and a fixture.

OUTDOOR LIGHT FIXTURE

Outdoor electrically powered illuminating devices, outdoor lighting or reflective surface lamps and similar devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and street lights and floodlights for:

1. Buildings and structures;

2. Recreational areas;

3. Parking lot lighting;

4. Landscape lighting;

5. Billboards and other signs (advertising or other);

6. Street lighting;

7. Product display area lighting;

8. Building overhangs and open canopies; and

9. Paths, trails and walkways.

PERSON

Any individual, tenant, lessee, owner or any commercial entity including, but not limited to, firm, business, partnership, joint venture or corporation.

SELF-EXTINGUISHING

A fixture in which power to the lamp spontaneously ceases, if the lamp is accidentally shattered or broken.

SHIELDED, PARTIALLY

Outdoor light fixtures shielded or constructed so that the lower edge of the shield is at or below the center line of the light source or lamp so as to minimize light emission above the horizontal plane.

SHIELDING

A light fixture whose output is controlled in such a manner that a direct view of the light emitting surface from an adjacent property is either minimized or prevented. This control could be as a result of the fixture housing, external or internal control devices (louvers, shields, barn doors, etc.), placement of the luminaire on the subject property or the combination of these elements. Shielding may either be full or partial.

SINGLE-FAMILY DWELLING

A building designed and used primarily for a single family. This term shall also include accessory residential structures, barns and other agricultural buildings associated with a single-family dwelling.

SPILL LIGHT

Any shining of light produced by a luminaire beyond the boundaries of the area which it is intended to illuminate.

SPOT LUMINAIRE

Any of several different types of luminaires with relatively narrow beam angles [less than thirty degrees (30°)] designed to illuminate a specifically defined area.

UPLIGHT

Any lamp or fixture projecting its direct light emission to a plane or region higher than the lamp source (above the horizontal), regardless of the fixture mounting position.

D. General Requirements.

1. Outdoor lighting shall be required for safety and personal security in areas of public assembly or traverse and in association with all uses where activity occurs outdoors during hours of darkness.

2. All outdoor light fixtures installed and hereafter maintained shall use only shielded and/or enclosed light fixtures as specified in Table 1 below.

TABLE 1: SHIELDING AND ENCLOSURE REQUIREMENTS
Fixture Lamp Type		Shielding Enclosure
Mercury vapor1		Partial shielding required	None
High pressure sodium		Fully shielded	None
Metal halide2		Fully shielded	Yes
Fluorescent3		Fully shielded	Yes
Quartz4		Fully shielded	None
Incandescent greater than 160 watt		Fully shielded	None
Incandescent 160 watt or less		Partial shielding required	None
Glass tubes filled with neon, argon, krypton		None
1	Clear mercury lamps for general illumination are prohibited, except for use in special landscape applications. Only mercury vapor lamps that are environmentally safe, as defined (by the manufacturer) by their ability to be recycled and self-extinguish, are permitted in this circumstance.
2	Metal halide lamps shall be installed only in enclosed luminaires.
3	Warm white and natural lamps are required to minimize detrimental effects.
4	For the purposes of this Code, quartz lamps shall not be considered an incandescent light source.

3. All outdoor lighting, including lighting associated with single-family dwellings, shall be aimed, located, designed, fitted and maintained so as not to create disabling glare that presents a hazard or nuisance to drivers and/or pedestrians, generate nuisance glare or produce prohibited light trespass on neighboring properties.

4. All outdoor lighting shall be subject to review by the Architectural Review Board of the City of Wildwood prior to installation and shall comply with the following:

a. Large horizontal area lighting, such as parking lots and roadways, shall only use fully shielded type luminaires when lamp initial lumen rating exceeds six thousand (6,000). Luminaire shall be equipped with, or be capable of being equipped with, devices for further controlling light output, such as, but not limited to, house side shields.

b. Large horizontal area lighting where the lamp used possesses an initial lamp lumen rating under six thousand (6,000) shall use either a fully shielded or partially shielded type luminaire.

c. Directional luminaires (such as floodlights, spotlights, directional distribution lamps, sign lights, etc.) shall be installed and aimed such that they illuminate only the task and do not shine directly onto neighboring properties, roadways or distribute light skyward. Luminaires shall be equipped with, or be capable of being equipped with, glare control devices (louvers, shields, barn doors, etc.). No directional luminaire using a lamp with a lumen rating greater than six thousand (6,000) shall be installed and aimed to permit light above ninety degrees (90°) from nadir. The following general recommendations will help control light trespass. Adhering to these guidelines will not necessarily guarantee compliance with Code requirements:

(1) Inspect areas adjacent to the lighting design location to identify and consider any potential problems involving residences, roadways and airports.

(2) Select luminaires which have tightly controlled candela distributors, using fully shielded reflectors and refractors.

(3) Contain light within the design area by carefully selecting, locating and mounting the luminaires.

(4) Use well-shielded luminaires (or select equipment which can be shielded), if a potential problem is found after installation.

(5) Keep floodlight aiming angles low so that the entire beam always falls within the intended lighted area during (and after) the design and installation process.

(6) No floodlighted vertical or near-vertical surface shall be illuminated greater than two (2) initial average foot-candles for surfaces with a reflectance greater than thirty percent (30%) and four (4) initial average foot-candles for surfaces with a reflectance less than thirty percent (30%).

(7) Fully shielded fixtures may not be installed in any manner that negates the full shielding property of the luminaire.

d. All outdoor lighting such as for display lots (e.g., automobile sales or rental, recreational vehicle sales or building materials sales) shall use fully shielded fixtures or be designed or provided with full cut-off capability, so as to minimize up-light, spill-light and glare.

e. All lamp source types shall be installed in equipment which meets the Illuminating Engineers Society's or the National Building Code requirements, except that:

(1) The use of low pressure sodium lamps is prohibited.

(2) Fluorescent lamps with a color rendering index greater than seventy (70) and color temperatures between three thousand degrees Kelvin (3,000°K) and four thousand one hundred degrees Kelvin (4,100°K) are required.

f. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark background with light lettering or symbols is required, unless otherwise authorized by the Architectural Review Board of the City.

g. Exterior area and building lighting for non-residential property shall be turned off within one (1) hour after closing of business. Only security lighting may be used after 10:30 P.M.

h. All required lighting installations must be regularly maintained (cleaned, lamp replacement, repaired, etc.), such that they always provide acceptable luminance levels and glare control.

i. Recreational and sports facility lighting shall comply with IES recommendations and shall be fully shielded. Lighting applications shall adhere to the requirements and restrictions in Subsection (I).

5. All light fixtures, including lighting associated with single-family dwellings, but excluding street lighting, shall be designed, installed and maintained to prevent light trespass as specified below:

a. At the property line of subject property, illumination from light fixtures shall not exceed one-tenth (0.1) foot-candles on residentially zoned property or five-tenths (0.5) foot-candles on commercially zoned property, as measured in a vertical plane five (5) feet above the ground. Every reasonable effort shall be made (through placement and lighting control devices) to minimize the visibility of any luminaire that is required to be fully shielded.

b. Light fixtures near adjacent property may require special shielding devices to prevent light trespass as defined in Subsection (D)(5)(a).

c. New lighting installations subject to the provisions of this Code shall comply, without exception, with these Code requirements. Established lighting fixtures must be maximally adjusted within their present limits and abilities in an effort to prevent unlawful light trespass or they may be subject to fines and/or penalties as stated in Subsection (N) of this Section.

E. Conformance With Applicable Codes.

1. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this Code, the Building Code, the Electrical Code, the Sign Code and the Master Plan of the City, as applicable and under appropriate permit and inspection.

2. Whenever a person is required to obtain zoning authorization for a building or electrical permit for outdoor lighting or signage, a conditional use permit or subdivision or site development plan approval from the City, including all public projects or whenever a person requests annexation or rezoning, the applicant shall, as part of said application, submit sufficient information to enable the Director of Planning to determine whether the proposed or existing lighting scheme will comply with this Code.

3. Specifically, lighting plans submitted for review and approval as part of a site development plan or preliminary plat shall include a layout of proposed luminaire locations, including aiming angles, minimum and average illuminances for each area, uniformity ratios, a description of this equipment (catalog cuts), glare control devices, lamps, mounting heights and means, hours of operation, maintenance methods proposed, location and use of adjacent properties and an illumination (foot-candle) grid demonstrating adequate intensities and uniformity. The illumination grid scale must be maximized to the extent of a thirty (30) inches by forty-two (42) inches drawing. Also, a calculation of vertical luminance along the property line at five (5) feet above the ground is required to show compliance with Subsection (D)(5)(a). Additional submissions may be required showing greater detail of areas that may require further clarification.

4. Where there is a conflict between the provisions of this Code and other regulations of this Chapter, the most restrictive requirement shall govern.

F. Approved Materials And Methods Of Construction Or Installation/Operation. The provisions of this Code are not intended to prevent the use of any alternate design, material or method of installation or operation that is otherwise not prohibited by the provisions of it, provided that an alternative is requested in writing and the Director of Planning finds the alternative:

1. Is otherwise considered an approximate equivalent to that particular requirement of this Code; and

2. Is otherwise satisfactory and fully satisfies the intent of this Code.

G. Submission Of Plans And Evidence Of Compliance With Code For Non-Residential Use.

1. Submission Contents. The applicant for any site development plan, preliminary plat or subdivision improvement plan shall also submit a lighting plan that shall comply with this Code. The plan shall include the following information:

a. A diagram indicating the location of all light standards and fixtures and the proposed type of illuminating devices, fixtures, lamps, supports, reflectors and other devices;

b. A description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);

c. A plot of the photometric test report, such as that furnished by manufacturers or similar showing the angle of cutoff or light emissions.

2. Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the Department of Planning to readily determine whether the plan complies with the requirements of this Code. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit tests performed and certified by an approved independent testing laboratory as evidence of compliance.

3. Subdivision Plat Certification. If any proposed subdivision intends to install street or other common or public area outdoor lighting, the record plat shall contain a statement certifying that the applicable provisions of the City of Wildwood Outdoor Lighting Code have been met.

4. Lamp Or Fixture Substitution. Should any outdoor light fixture or the type of light source subject to a lighting plan required by this Section be changed after zoning authorization or the issuance of a permit, a change request must be submitted to the Department of Planning for their approval, together with adequate information to assure compliance with this Code. Such submittals and approval must be received prior to substitution.

H. Prohibitions.

1. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.

2. Outdoor Commercial Off-Site Signs. Subject to any other more restrictive requirement, electrical illumination of outdoor advertising signs between the hours of 11:00 P.M. and sunrise is prohibited, except that signs may be operational during the hours of operation for the business being advertised.

3. Searchlights. The operation of searchlights, such as xenon and carbon-arc, for advertising purposes is prohibited.

I. Special Uses.

1. Recreational Facilities. Any light source permitted by this Code may be used for lighting of outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts and horse or show areas, provided all of the following conditions are met:

a. Lighting for parking lots and other areas surrounding the playing field, court or track shall comply with this Code.

b. All fixtures used for event lighting shall be fully shielded. To the extent that it is not feasible to use fully shielded fixtures as required in Subsection (D) of this Section, lighting must be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light and glare.

c. Notwithstanding any existing zoning authorization or permit to the contrary, after the effective date of this Chapter, all events shall be scheduled so as to complete all activity before or as near to 10:00 P.M. (as practical), but, under no circumstances, shall any illumination of the playing field, court or track be permitted after 10:30 P.M., except to conclude a scheduled event that was in progress before 10:30 P.M. and for which circumstances prevented concluding it before this time.

d. This provision shall prevail over any existing zoning authorization or permit to the contrary and shall be effective in such case commencing six (6) months after the effective date of this Chapter.

J. Temporary Exemption.

1. Lighting that is required for an otherwise lawful use, where compliance with this Code would substantially impair its use, shall be considered appropriate for a temporary exemption.

2. Request — Renewal — Information Required. Any person may submit a written request on a form prepared by the City to the Director of Planning for a temporary exemption request. A temporary exemption shall contain the following information:

a. Specific exemption or exemptions requested;

b. Type and use of outdoor light fixture involved;

c. Duration of time for the requested exemption;

d. Type of lamp and calculated lumens;

e. Total wattage of lamp or lamps;

f. Proposed location on premises of the outdoor light fixture(s);

g. Previous temporary exemptions, if any;

h. Physical size of outdoor light fixture(s) and type of shielding provided; and

i. Such other data and information as may be required by the Director of Planning.

3. Approval — Duration. The Director of Planning shall have fourteen (14) days from the date of submission of the request for temporary exemption to act, in writing, upon it. If approved, the exemption shall not be valid for more than thirty (30) days from the date of issuance of the approval. The approval shall be renewable at the discretion of the Director of Planning upon a consideration of all the circumstances. Each such renewed exemption shall not be valid for more than thirty (30) days.

4. Disapproval — Appeal. If the request for temporary exemption is disapproved, the person making the request may appeal the decision as provided in Subsection (L).

5. Fee. A fee of twenty-five dollars ($25.00) shall be submitted for any request for temporary exemption to cover administrative review costs or inspections.

K. Other Exemptions.

1. "Grandfathered" Existing Fixtures. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of the Code are exempt from all requirements of it, unless:

a. Existing outdoor lighting fixtures are replaced, removed or reinstalled; or

b. Existing outdoor lighting systems that violate the requirements of this Code and such violations are capable of being eliminated or substantially eliminated by minor adjustments or changes to the lighting angle, design or lamp to eliminate light trespass or other violations.

2. Any changes in use or lamp type or any replacement or structural alteration made shall conform to all applicable requirements of this Code.

3. Fossil Fuel Light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this Code.

L. Appeals. Any person aggrieved by any final decision of the Director of Planning made in administration of this Code has the right of appeal pursuant to Chapter 150, Code of Administrative Procedure, of the City of Wildwood Municipal Code.

M. Violation. It shall be unlawful for any person to violate any of the provisions of this Code. Each and every day during which the violation continues shall constitute a separate offense.

N. Enforcement And Penalty.

1. The City of Wildwood shall have the right to conduct inspections of completed lighting installations to assure compliance with the requirements of this Lighting Code, including specific plans for applicable properties.

2. Fines and other judgments relating to non-compliance to the requirements of this Code shall be as established in Section 415.570, Warning, Summons and Penalty for Violations, of this Chapter.

Section 415.460 Non-Conforming Uses, Lands And Structures.

[R.O. 1997 § 415.460; Ord. No. 1324 App. A § 1003.170, 8-14-2006]

A. Scope Of Provisions.

1. The provisions of this Section shall apply to all non-conforming uses, lands and structures. A non-conforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date this Chapter or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations of this Chapter or such amendment thereto, except with regard to minimum lot area, yard and setback requirements, which shall be deemed conforming.

2. Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

B. Statement Of Intent. Non-conformities are not to be expanded and they should be abolished or reduced to conformity as quickly as the fair interest to the parties will permit.

C. General Provisions.

1. An existing non-conforming land use or structure shall not cause further departures from this Chapter. An existing non-conformity may be continued except as hereinafter limited in this Section. A non-conforming use may be changed to another use only in accord with the following:

a. The new use may be one that is permitted in the underlying district governing the property in which the non-conformity is situated, provided that the new use complies with the regulations of that district; or

b. For the purpose of this Subsection (C)(1)(b), a "permitted use" means only a use listed as a permitted land use and development under the underlying district and does not include a use or development which may be authorized by conditional use permit under Section 415.500.

2. The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

3. Existence Of Non-Conformities.

a. A non-conformity shall not be deemed to have existed on the date this Chapter or any amendment thereto became effective, unless:

(1) It was in being on a continuous basis and to its fullest extent on such date.

(2) If such non-conformity is a use, such use had not been abandoned as hereinafter defined.

b. Provided, however, that nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun in good faith prior to such date, if such construction is diligently prosecuted to completion within two (2) years following such date. "Actual construction" is hereby defined to include the placing of construction materials so that they are in a permanent position and fastened to the earth in a permanent manner.

4. A non-conforming use of land shall not be enlarged, extended or altered and a structure or part thereof devoted to a non-conforming use shall not be enlarged, extended, constructed, reconstructed or structurally altered, except:

a. As may be required by law.

b. In changing the use to one which is permitted in the district in which such use is situated.

c. To the extent hereinafter permitted.

d. To provide off-street parking or loading space.

e. An existing legal non-conforming tavern or restaurant existing on December 1, 1975, or an existing tavern or restaurant which becomes non-conforming because of a subsequent change of zoning district classification, may be issued a liquor license in accord with the provisions of Chapter 801 SLCRO, 1974, as amended, and City ordinance and such issuance and sale of liquor thereunder shall not be deemed an enlargement, extension or alteration of said use.

f. An existing advertising sign which is legally non-conforming or would be legally non-conforming but for failure to have terminated such non-conformity within five (5) years as provided in Section 1003.260 of the St. Louis County Zoning Ordinance of 1946 or Section 1003.170 of the St. Louis County Zoning Ordinance of 1965, as adopted by the City of Wildwood, may be repaired, reconstructed or structurally altered, but may not be enlarged or relocated.

5. A non-conforming use of land shall not be moved to another part of a lot or outside the lot and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became non-conforming except that in the case of extraction of raw materials from the earth, extraction operations and moving of related structures may occur on any part of the tract owned or leased by the operator at the time of becoming a non-conforming use.

6. Where any change is proposed to be made to a use that is permitted in the district only by a conditional use permit, such change may be made only through a conditional use permit granted pursuant to the procedure delineated by Section 415.500 of this Chapter.

7. The number of dwelling units in a non-conforming residential structure shall not be increased over the number of dwelling units in the structure at the time of the structure becoming a non-conforming structure.

8. Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction or the one-time reconstruction of an existing accessory building destroyed by any means outside of the control of the owner up to one hundred percent (100%) of its replacement value, provided the restoration of such structure and its use in no way increases any former non-conformity and, provided further, that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Except for the one-time reconstruction of an existing accessory building destroyed by any means outside the control of the owner up to one hundred percent (100%) of its replacement value, whenever any structure has been destroyed by any means out of the control of the owner to an extent of more than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Zoning Enforcement Officer or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated. When a structure is determined to be substandard by the proper administrative official of the City of Wildwood under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use.

9. Any non-conforming building existing lawfully in the "FP" Floodplain District which is destroyed by any means, including flood, shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred unless it is reconstructed in conformity with all provisions of this Chapter. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

10. Within five (5) years of the date of the adoption of this Chapter or the date of adoption of any applicable amendments to this Chapter, any use which is or becomes a non-conforming use shall be brought into conformance with the zoning performance standards established in Section 415.250, Zoning Performance Standard Regulations.

11. The non-conforming use of open land for junk yards, storage (other than stockpiling of sand, gravel and rock as an accessory operation to the extraction of raw material from the earth) and non-conforming structures containing two hundred (200) square feet of ground floor space or less shall be discontinued within five (5) years of the date of their becoming non-conforming uses by the adoption of this Chapter, amendments to this Chapter or previous zoning ordinances. Any use listed in this Subsection (C)(11) need not be discontinued in the event that the adoption of this Chapter or amendments to this Chapter changes the status of such use from that of a non-conforming use to that of a permitted use in the district in which it is located.

D. Abandonment Of Non-Conforming Uses.

1. Any non-conforming use which has been abandoned shall not thereafter be re-established. Any structure or land or structure and land in combination, which was formerly devoted to a non-conforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land or structure and land in combination is situated.

2. The term "abandonment," as used herein, shall mean the voluntary discontinuance of a use, when accompanied by an intent not to re-establish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon.

a. Any positive act indicating such intent; or

b. Any conscious failure to take all necessary steps to resume the non-conforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease; or

c. In the case of a structure or of a structure and land in combination, discontinuance of the non-conforming use for twelve (12) consecutive months; or

d. In the case of land only, discontinuance of the non-conforming use for ninety (90) consecutive days or for a total of six (6) months during any one (1) year period.

Section 415.470 Trust Indentures And Warranty Deeds.

[R.O. 1997 § 415.470; Ord. No. 1324 App. A § 1003.173, 8-14-2006]

A. Scope Of Provisions. This Section contains the regulations for all trust indentures and warranty deeds hereinafter created as part of approval or amendment of any subdivision plat, property line or indenture located within the City of Wildwood.

B. Submission And Review Procedure. Trust indentures and warranty deeds, including amendments, shall be submitted to and approved by the Director of Planning as to legal form and compliance with the regulations of this Section. Submitted with a trust indenture shall be a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Missouri setting forth the attorney's legal opinion as to the legal form and effect of the trust indenture. Approved trust indentures and warranty deeds shall be filed with the Recorder of Deeds of St. Louis County simultaneously with recording of the subdivision record plat with a copy to be filed with the City of Wildwood.

C. Provisions Of The Trust Indenture. The following provisions shall be included in the trust indentures:

1. Election Of Trustees. The initial Board of Trustees may be appointed by the developer. One-third (1/3) of the trustees shall be chosen by purchasers of developed lots or units after fifty percent (50%) of the lots or units have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots or units after seventy-five percent (75%) of the lots or units have been sold; all of the trustees shall be chosen by purchasers of developed lots or units after all of the lots or units have been sold. The trust indenture shall provide for the method and time of the election of trustees.

2. Vacancies On The Board Of Trustees. Where the provisions of a trust indenture cannot be fulfilled by reason of unfilled vacancies among the trustees, the City Council may, upon the petition of any concerned resident or property owner of the subdivision, appoint one (1) or more trustees to fill vacancies until such time as trustees are selected in accordance with the trust indenture. Any person so appointed who is not a resident or property owner within the subdivision shall be allowed a reasonable fee for his/her services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision and which shall not be subject to any limitations on special assessments contained in the trust indenture or elsewhere.

3. Term Of The Indenture And Title To Common Ground. The term of the indenture shall be for the duration of the subdivision. In the event the subdivision is vacated, thereafter, fee simple title shall vest in the then lot or unit owners as joint tenants. The rights of the joint tenants shall only be exercisable appurtenant to and in conjunction with their lot or unit ownership. Any conveyance or change of ownership of any lot or unit shall convey with it ownership in the common property and no interest in the common property shall be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.

4. No provision shall limit the right of any property owner or resident from expressing any opinion or seeking any redress from any Governmental Body, nor shall any provision discriminate against any person on the basis of race, religion, national origin or gender.

5. Any violation of this Section 415.470, including the failure to comply with or enforce the indenture provisions required hereby, shall constitute a violation of the Municipal Code of the City of Wildwood and, in addition to all other claims or penalties of law or equity, subject the violator(s) to the penalties as provided in said Code.

Section 415.480 Site Plan Review Procedure.

[R.O. 1997 § 415.480; Ord. No. 1324 App. A § 1003.179, 8-14-2006]

A. The requirements of this Section shall apply to the review of plans where one (1) or more buildings are to be erected on a single lot, excepting the following:

1. Developments conditioned by Planned District or special procedure permit.

2. Single-family residential detached dwellings, including associated garages.

3. Non-residential buildings less than one thousand (1,000) square feet in gross floor area.

4. Additions to existing non-residential buildings when the addition is less than ten percent (10%) of the existing building's gross floor area, the addition does not exceed five thousand (5,000) square feet, no new curb cuts are required and where new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Director of Planning.

5. Enclosed stairwells.

6. Canopies constructed over existing walkways, loading docks or pump islands, where new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Director of Planning.

B. Site plans shall be reviewed and approved by the City of Wildwood and the Departments of Planning and Public Works in accordance with the following:

1. Compliance of the site plan with the requirements of this Chapter shall be established by the Director of Planning and Parks of the City of Wildwood.

2. The Department of Public Works shall review and approve the right-of-way, pavement required, curb cuts and other design features of abutting public streets or private or new streets, other than multiple-family access drives within the development connecting the development with a major street or streets. Additional streets may be required for the public health, safety and welfare, when determined necessary by the City of Wildwood. On such streets, the City of Wildwood shall determine the requirements for rights-of-way, street width, width of curb cuts, street trees, sidewalks and any other improvements in adjacent rights-of-way where not covered by Chapter 420, Subdivision and Development Regulations, of the City of Wildwood Code.

a. The City of Wildwood shall review and approve the plans for conceptual compliance with the various codes and ordinances relating to grading, drainage, silt control, storm sewer services, floodplain (as it affects the development) and other applicable requirements.

b. At such times as a development is proposed adjacent to a street that is accepted and maintained by the City of Wildwood, that street shall be improved in accordance with the City of Wildwood standards and the cost of improvement of and the dedication of half of the right-of-way adjacent to the proposed development shall be included in the overall development improvements.

3. The Department of Planning shall review and approve the internal traffic and pedestrian circulation system, landscaping, parking areas and additional characteristics of site design as deemed appropriate. Landscaping may include re-contouring, building of earth berms, vegetative covering, screening or other material alteration of the site as deemed appropriate to enhance areas outside the public right-of-way or to preserve the integrity of adjacent properties. Internal circulation shall include the location, nature, extent, construction and design of internal driveway lanes (including multiple-family access streets), parking lots, driveways to or through parking lots and any other facilities that provide vehicular access to buildings, structures and improvements upon a given lot or tract.

4. The Department of Public Works shall review and approve the plans for conceptual compliance with the various codes and ordinances relating to sanitary sewer laterals and other applicable requirements of the Building and Plumbing Codes.

C. Information To Be Placed On The Site Plan.

1. For a site plan to be accepted for review, the following information shall be either placed on the site plan or on a separate sheet accompanying the plan:

a. Location map, North arrow and plan scale.

b. Zoning district, subdivision name, lot number, dimensions and area and zoning of adjacent parcels where different than site.

c. Name, address and telephone number of the person or firm submitting the plan and the person or firm who desires the review comments forwarded to them.

d. Proposed use of the building and its construction type and distance from adjacent property lines.

e. Off-street parking spaces, required and proposed, including the number, size and location of those designated for the handicapped.

f. Type of sanitary sewage treatment and stormwater drainage facilities, including retention ponds.

g. Dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site.

h. Existing and proposed landscaping, including name and size of plant material.

i. Existing and proposed contour lines or elevations based on mean sea level datum, unless otherwise waived by the Department of Planning.

j. Location and size of existing and proposed freestanding signs.

k. Location and identification of all easements (existing and proposed).

l. Location and height of all light poles.

m. Overall dimensions of all buildings and the gross floor area of each building.

n. Approximate location of any stormwater detention facilities, sink holes and springs, silt berms, ponds and other silt control facilities.

o. The location of all significant individual trees having a trunk diameter six (6) inches or greater in size, as measured one (1) foot above existing grade, and all related vegetative masses when singular identification is problematic.

p. Other information, as determined necessary by the Department of Planning, which can include geotechnical reports, traffic studies, Phase I and Phase II environmental assessments, floodplain studies, archeological assessments and similar documents necessary for determinations relating to the public's health, safety and welfare.

q. Public Hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in those instances where the planned district ordinance requires such due to phasing or the nature of the use identified on the site plan submitted is of a type or intensity justifying the need, as determined by the Department of Planning. The public hearing procedure, unless set forth differently in the planned district ordinance, shall adhere to Section 415.560 of this Code.

2. Additional information to be placed on the site plan beyond the requirements listed above may be requested based on a joint review of the plans by authorized departmental representatives of the City of Wildwood.

D. Upon verification of compliance with the site plan requirements stated in Subsection (C), the plan shall be reviewed at the next regularly scheduled site plan review meeting. Joint review of the plans by the departments listed in Subsection (B) shall occur weekly at a time agreed upon by the departments concerned. Within five (5) calendar days of the meeting date, a letter shall be forwarded to the person or firm submitting the plan stating the comments of the reviewing departments. Thirty (30) days from the date on the comment letter, revised plans addressing the listed comments shall be submitted for further review. If revised plans are not submitted within the specified time limit, review of the site plan will be terminated.

E. The requirements for site plan review contained in this Section shall apply as the minimum requirements. Additional requirements may be stated, as necessary, and written into a policy memorandum. Notwithstanding any exemptions herein to the contrary, the Director of Public Works may also, where access to a public street or right-of-way is intended for the contemplated use or construction, require compliance with this Section and impose such reasonable restrictions or conditions as may be necessary for compliance with City regulations or as necessary for the public welfare or safety.

Section 415.490 Special Procedures.

[R.O. 1997 § 415.490; Ord. No. 1324 App. A § 1003.180, 8-14-2006]

In order to provide for uses that require particular consideration in each case because of the nature of the use and its effect on its surroundings or the community and in order to provide the maximum flexibility in the site planning of uses and reasonable modification in uses in appropriate circumstances, all consistent with the public health, safety and general welfare of the City of Wildwood and good planning practice, the following procedures are established.

Section 415.500 Conditional Use Permit Procedure.

[R.O. 1997 § 415.500; Ord. No. 1324 App. A § 1003.181, 8-14-2006]

A. Scope Of Provisions. This Section contains the regulations of the conditional use permit procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

B. Statement Of Intent. It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety and general welfare. Such land uses and developments are identified in each particular zoning district under conditional land use and development permits issued by the Commission.

C. Performance Standards. All uses established by conditional use permit shall operate in accord with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations. These performance standards are minimum requirements and may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.

D. Height Limitation For Structures. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure shall be limited by the conditions governing the particular development or use authorized by conditional use permit. However, the total height of any structure authorized by conditional use permit shall not exceed the least restrictive regulations of the particular zoning district in which the conditional development or use is located.

E. Lot Area, Lot Dimension, Development Limitation And Yard Requirements. Any development or use authorized by conditional use permit shall abide by the lot area, lot dimension, development limitation and yard requirements of the particular zoning district in which the conditional development or use is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.

F. Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces and internal drives for any development or use authorized by conditional use permit, shall not be reduced below the minimum requirements as set forth in Section 415.280, Off-Street Parking and Loading Requirements — General. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.

G. Sign Regulations. Specific sign regulations shall be established in the conditions governing the particular development or use authorized by conditional use permit in accord with the provisions of Section 415.400, Sign Regulations — General. However, in no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the conditional development or use is located.

H. Procedures. The granting of a conditional use permit may be initiated by a verified application by all owners of record or owners under contract of a lot or tract of land or by a resolution of intention by the Planning Commission or the City Council. If initiated by contract owners, a complete copy of the contract creating the interest shall be attached to the petition. Procedures for application, review and approval of a conditional use permit shall be as follows:

1. Application. Application for a conditional use permit for a specific tract of land shall be addressed to the City of Wildwood Planning Commission and filed in its public office. The application shall be filed on forms prescribed for that purpose by the Planning Commission and be accompanied by the following:

a. Filing fee per requirements of Section 415.550, Fees.

b. Legal description of the property.

c. Outboundary plat of the property.

d. Preliminary development plan including, but not limited to, the following:

(1) Proposed Uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

(2) Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.

(3) Approximate location of all isolated trees having a trunk diameter of six (6) inches or more one (1) foot above grade, all tree masses and proposed landscaping.

(4) Two (2) cross section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

(5) Proposed ingress and egress to the site, including adjacent streets.

(6) Preliminary plan for provision of sanitation and drainage facilities.

(7) Other information, as determined necessary by the Department of Planning, which can include geotechnical reports, traffic studies, Phase I and Phase II environmental assessments, floodplain studies, archeological assessments and similar documents necessary for determinations relating to the public's health, safety and welfare.

2. Public Hearing. A public hearing on the application shall be held by the Planning Commission in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance, except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within forty-five (45) days of verification by the Department of Planning that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning Commission or the City Council.

3. Approval Or Denial Of Application. Subsequent to public hearing, the Planning Commission shall file a report with the City Council in which the Commission shall grant or deny each application for a conditional use permit and state the reasons therefor. The Planning Commission may permit those developments and uses only where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of Wildwood. The petitioner shall have the burden of establishing that the requested use satisfies these standards and further there is a public necessity for such use. In approving such conditional uses, the Planning Commission shall impose such conditions as it determines necessary. Said conditions shall include, but not be limited to, the following:

a. Permitted uses, including maximum floor area.

b. Performance standards.

c. Height limitations.

d. Minimum yard requirements.

e. Off-street parking and loading requirements.

f. Sign regulations.

g. Minimum requirements for site development plans.

h. Time limitations for commencement of construction.

i. Land, easement or right-of-way dedications.

j. Payment of traffic generation assessment or other impact fees as may be established.

4. Permit Effective, When. Unless the City Council exercises its power of review or a duly filed protest is received by the City Clerk, a conditional use permit or an amendment thereto shall become effective after fifteen (15) days of the City Council's receipt of the Planning Commission's report granting the application. In the event that a conditional use permit is filed in conjunction with a required change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

5. Effect Of Denial. Upon denial by the Planning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial and if the City Council does not exercise its power of review, no subsequent application for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning Commission or the City Council from initiating the procedure provided in this Section by a resolution of intention at any time.

I. Appeal, Protest Or City Council Review Of Planning Commission Decision.

1. Appeal By Petitioner From Decision Of Denial. The petitioner may file an appeal to the City Council of a Planning Commission denial of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.

2. Protest By Specified Nearby Property Owners To Decision Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.

3. City Council Review Of Planning Commission Decision.

[Ord. No. 2399, 10-8-2018]

a. Within fifteen (15) days after receipt of the Planning Commission's report, the City Council, upon motion adopted by majority vote, may exercise the power of review of any Planning Commission decision on an application for a conditional use permit or an amendment thereto.

b. Upon adoption of the motion to exercise the power of review and before acting on the conditional use permit, the City Council shall set the matter for hearing. The City Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action with respect to the conditional use permit may also be heard at the hearing.

4. City Council Decision. Following the hearing by the City Council on an application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. An affirmative vote of two-thirds (2/3) of the members of the whole City Council shall be required to approve a protested conditional use permit or to overrule the disapproval of the Planning Commission. In all other instances, a majority vote of the whole City Council shall be required to approve, deny or modify the determination of the Planning Commission.

[Ord. No. 2399, 10-8-2018]

5. Notwithstanding the provision of Section 415.530 of this Code to the contrary, procedures for hearings on appeal or protest of Planning and Zoning Commission decisions pertaining to Conditional Use Permits pursuant to Section 415.530(C) or the City Council voting to exercise its power of review pursuant to Section 415.500(I)(3) for conditional use permits, shall be as follows:

[Ord. No. 2399, 10-8-2018]

a. Notice. After the filing of an appeal or protest pursuant to Section 415.530(C) or the City Council voting to exercise its power of review pursuant to Section 415.500(I)(3), the Department of Planning shall promptly, and at least ten (10) days before the hearing, mail a notice of institution of the case to all necessary parties, if any, and to all persons designated in writing by the petitioner, protestor or intervenor, the applicant for the Conditional Use Permit, and to any other persons to whom the Department of Planning may determine that notice should be given.

(1) The notice of institution of the case to be mailed, as provided in this Section, shall state in substance:

(a) The caption and number of the case;

(b) That an appeal or protest has been filed in such case, the date it was filed, and the name of the party filing the same;

(c) A brief statement of the matter involved in the case, unless a copy of the appeal or protest accompanies said notice;

(d) That a copy of the appeal or protest may be obtained from the City Clerk, giving the address to which application for such a copy may be made. This may be omitted, if a copy of such appeal or protest accompanies the notice;

(e) A notice of hearing stating:

(i) The caption and number of the case; and

(ii) The time and place of the hearing.

b. Intervening. Any owner of either of the areas of the property (exclusive of streets and alleys) described in the petition for a Conditional Use Permit subject to appeal, protest, or review by the City Council or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of such property, may, no later than five (5) business days prior to the hearing, file in the office of the Department of Planning, a written petition to intervene as a party in the proceedings on any appeal, protest, or City Council review pursuant to this Section. The petition shall be either hand delivered or delivered by mail and must be received during the regular business hours of the City. The Department shall cause notice of the filing of a petition for intervention by mail or electronic mail, or other such written communication approved by the Director of the Department of Planning, to all parties to the action. Any such petition to intervene as a party shall include the following:

(1) The name, home address, telephone number, and electronic mail address of the person(s) filing the petition;

(2) A statement that the person(s) filing the petition has standing to intervene;

(3) The address of the property owned by the intervening petitioner and the linear distance, measured in feet, of such property from the boundaries of the property described in the petition for a Conditional Use Permit subject to appeal, protest, or review by the City Council; and

(4) A brief statement describing the intervening petitioner's interest relating to the property that is subject to the appeal, protest, or review by the City Council.

c. Hearing Requirements. Unless the requirements for a hearing herein are expressly or implicitly waived by the parties, each hearing shall adhere to the formal evidentiary rules of Chapter 536, RSMo., as amended, including, but not limited to, the following:

(1) Oral evidence shall be taken only on oath or affirmation. Any person may provide oral testimony to the City Council during a hearing. Unless extended by the City Council after receipt of a written request for an extended time received by the City Council at least five (5) days prior to the hearing and setting forth the reasons for the request for such an extension, the parties shall each be limited to fifteen (15) minutes of oral evidence before the City Council. All other persons providing oral testimony before the City Council at a hearing shall be limited to such time as the City Council may deem appropriate, prior to the commencement of the hearing, but not to exceed five (5) minutes.

(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Any person providing oral testimony shall be subject to cross-examination;

(3) A party who does not testify in his or her own behalf may be called and examined, as if under cross-examination;

(4) The City Council shall cause all proceedings in hearings before it to be suitably recorded and preserved. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee, which shall in no case exceed the reasonable cost of preparation and supply;

(5) Records and documents of the City, which are to be considered in the case, shall be offered in evidence, so as to become a part of the record, the same as any other evidence, but the records and documents may be considered as a part of the record by reference thereto, when so offered;

(6) The City Council shall take official notice of all matters of which the courts take judicial notice;

(7) Evidence to which an objection is sustained shall, at the request of the party seeking to introduce the same, or at the instance of the City Council, nevertheless be heard and preserved into the record, together with any cross-examination with respect thereto and any rebuttal thereof, unless it is wholly irrelevant, repetitious, privileged, or unduly long;

(8) Any evidence received without objection, which has probative value shall be considered by the City Council, along with the other evidence presented. The rules of privilege shall be effective to the same extent that they are now or may hereafter be in civil actions. Irrelevant and unduly repetitious evidence shall be excluded;

(9) Copies of writings, documents, and records shall be admissible, without proof that the originals thereof cannot be produced, if it shall appear by testimony or otherwise the copy offered is a true copy of the original, but, the City Council may, nevertheless, if it believes the interests of justice, so require, sustain any objection to such evidence, which would be sustained were the proffered evidence offered in a civil action in the circuit court, but, if it does sustain such an objection, it shall give the party offering such evidence reasonable opportunity and, if necessary, opportunity at a later date, to establish by evidence the facts sought to be proved by the evidence to which such objection is sustained;

(10) Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of an act, transaction, occurrence, or event, shall be admissible as evidence of the act, transaction, occurrence , or event, if it shall appear that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect the weight of such evidence, but such showing shall not affect its admissibility. The term "business" shall include business, profession, occupation, and calling of every kind;

(11) The results of statistical examinations or studies, or of audits, compilations of figures, or surveys, involving interviews with many persons, or examination of many records, or of long or complicated accounts, or of a large number of figures, or involving the ascertainment of many related facts, shall be admissible as evidence of such results, if it shall appear that such examination, study, audit, compilation of figures, or survey was made by or under the supervision of a witness, who is present at the hearing, who testifies to the accuracy of such results, and who is subject to cross-examination, and if it shall further appear by evidence adduced that the witness making or under whose supervision such examination, study, audit, compilation of figures, or survey was made was basically qualified to make it. All the circumstances relating to the making of such an examination, study, audit, compilation of figures, or survey, including the nature and extent of the qualifications of the maker, may be shown to affect the weight of such evidence but such showing shall not affect its admissibility;

(12) Each party shall be entitled to present written briefs at or after the hearing, which shall be read by members of the City Council, who shall render or join in rendering the final decision;

(13) Each Council Member, who renders or joins in rendering a final decision, shall, prior to such final decision, either hear all the evidence, read the full record, including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs.

d. Decisions In Writing. Every decision by the City Council pursuant to this Section shall be in writing and shall include, or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the City Council bases its decision. Immediately upon rendering a decision, the Department of Planning shall give written notice of its decision by delivering or mailing such notice to each party, or his/her attorney of record, and shall upon request furnish him/her with a copy of the decision, order, and findings of fact and conclusions of law.

J. Site Development Plans. Subsequent to the effective date of the conditional use permit, a site development plan shall be submitted for review and approval to the Planning Commission or the Department of Planning as specified in the conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the conditional use permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit procedure shall be issued prior to approval of such plan. The approved plan shall be retained on file by the Department of Planning.

K. Procedure To Amend The Conditions Of Conditional Use Permit Or Site Development Plan. In order to amend the conditions of an existing conditional use permit or to amend the site development plan approved for a conditional use permit, the procedure shall be as follows:

1. To amend conditions of a conditional use permit:

a. The property owner or authorized representative shall submit a written request to amend conditions to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b. The Department shall then forward the request and its report to the Planning Commission. The Planning Commission shall review the proposed condition amendments and file a report with the City Council in which the Commission shall grant, deny or modify the requested condition amendments. If the Planning Commission determines that the requested condition amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Commission may require a new public hearing on the matter in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

2. To amend the site development plan:

a. The property owner or authorized representative shall submit an amended site development plan to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b. If the Department of Planning determines that the proposed amendment to the site development plan is not in conflict with the original proposal as advertised and the preliminary development plan and meets all conditions of the conditional use permit, the Department may approve said amended plan. The approved plan shall be retained on file by the Department of Planning.

c. If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, require a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

L. Appeal To Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal to the Planning Commission a decision by the Department of Planning in cases where the Department of Planning is authorized to review development plans. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission shall make the final determination of the matter. No exceptions may be granted that are in violation of the particular permit governing the development plan.

M. Recording. Prior to the issuance of any building permit or permit authorizing the use of the property in question, the property owner shall record a copy of the approved conditional use permit, including attached conditions, and any subsequent amendments thereto and the legal description of the tract with the St. Louis County Recorder of Deeds with a copy to be filed with the City of Wildwood.

N. Time Limit Of Conditional Use Permits. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Planning Commission which may extend it for an unlimited period or for a specified additional period of years.

O. Failure To Commence Construction. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work or construction shall commence within two (2) years of the effective date of the permit, unless such time period is extended through appeal to and approval by the Planning Commission. If no extension of time is received or granted within six (6) months subsequent to the two (2) year period following the effective date of the conditional use permit, the permit shall terminate.

P. Development Of Conditional Uses And Permitted Land Uses On Same Tract Of Land. Nothing shall prevent the establishment of land uses or developments authorized by conditional use permit on the same tract of land with one (1) or more permitted land uses and developments specified in the regulations of the governing zoning district. However, the development or use authorized by conditional use permit shall abide by the conditions of the permit and the permitted land use and development shall adhere to the regulations of the governing zoning district. A permitted land use or development existing at the time of submittal of a site development plan for a development or use authorized by conditional use permit shall be shown on the plan. No permitted use or development shall at any time cause the violation of any condition imposed by a conditional use permit.

Section 415.505 Special Circumstances Overlay District (SCOD).

[Ord. No. 2569, 11-9-2020]

A. Scope Of Provisions. This Section contains the Special Circumstances Overlay District (SCOD) procedure and standards. These regulations are in addition to general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Section by reference.

B. Purpose And Intent. The purpose of the Special Circumstances Overlay District (SCOD) is to protect public health and the environment, while allowing appropriate development activities and practices within the SCOD. The requirements of the SCOD establishes a protective zoning process that places more focus on the assessment of physical characteristics and public and environmental hazards that may exist on a property through a multiple-step, review process.

The requirements applicable to the SCOD will:

1. Assure that future land use in the SCOD is protective of human health;

2. Establish appropriate remediation of environmental hazards and the preservation of such remedial measures, and the steps necessary to achieve the same;

3. Require that developments in the SCOD employ construction practices that are consistent with the protection of public health and the environment, as determined by the applicable Federal, State, and/or local agencies and/or governmental bodies, with jurisdictional background and authority, provided, however, that in the event of any conflict between or among the determinations by such agencies and/or governmental bodies as to the respective construction practices to be employed, whichever determinations impose the more stringent standards, provisions, restrictions, or requirements for the respective construction practices to be employed shall apply; and

4. Assure soil and groundwater containing concentrations of any Contaminants, as such term is defined herein, are abated in accordance with all Federal, State, and local laws, regulations and guidance. As used in this Section 415.505, the term "Contaminants" shall mean:

a. Substances defined as "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq.; or the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; or the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.; or

b. Those substances defined as "hazardous waste," "hazardous substance" or "hazardous substances" in Sections 260.360, 260.500 or 260.565, RSMo., as amended, or under the regulations promulgated pursuant to Chapter 260 of the Revised Statutes of Missouri, as amended; or

c. Asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid or other fluids containing levels of polychlorinated biphenyls in excess of fifty (50) parts per million; or

d. Any other chemical, material, substances, or contaminant, the exposure to which is prohibited, limited or regulated by any governmental authority or by any Federal, State or local laws, or which the U.S. Environmental Protection Agency ("EPA") or the Missouri Department of Natural Resources ("MDNR") finds may be hazardous to public health or safety, including, but not limited to, Lead, Cadmium, Arsenic, Trichloroethylene ("TCE"), or any other heavy metal or organic solvent which may cause harm to human health and well-being.

5. The specific goals of the Special Circumstances Overlay District (SCOD) and procedure are to:

a. Obtain more information about the anticipated or existing environmental hazards, Contaminants, or physical characteristic situations affecting real property located within the SCOD, as part of the initial application process for future use of the site, versus depending more so on best available data.

b. Establish longer comment periods and more reviews by outside agencies with pertinent roles in the development process associated with these types of sites.

c. Create more engagement by the development entity or property owner of experts in the applicable field, which would be verified by credentials submitted to the City for review. Costs associated with these experts would be borne by the applicant, not the City.

d. Require more detailed presentation materials for the public hearing processes.

e. Assess greater deductions in the gross acreage of the site for environmental or physical factors than that are currently set forth in the Planned Residential Development Overlay District (PRD) regulations or the Natural Resource Protection Standards. Currently, the Planned Residential Development Overlay District (PRD) eliminates floodplain areas and rights-of-way from the calculation of net acreage for the final determination of allowable densities for residential projects.

f. Place greater prohibitions for any site disturbances in identified areas of concerns, regardless of soil and slope characteristics.

g. Increase the levels of scrutiny of public space allocations, so as to avoid unsuitable areas being dedicated as such.

h. Require greater remediation efforts by the developer through cooperation with Federal and State agencies, when applicable.

i. Require disclosures to users and buyers beyond the first set of them, specifically as properties are transferred years or decades later.

j. Provide for greater oversight of construction processes by the City, if development allowances are granted on a special circumstances site.

k. Integrate more after-development inspections and site monitoring to ensure all components of the governing ordinances for the projects are still adhered to, are in place, being maintained, or otherwise still applicable and germane.

l. Apply the State of Missouri's land disturbance permit requirements to all sites, regardless if they are one (1) acre or greater in size (application of such is currently limited to that area threshold).

C. Designation Of Overlay District. The procedure for the establishment or amendment of the boundaries of the SCOD shall be as set forth in Section 415.560 of this Code.

D. Procedures. Except as otherwise set forth herein, the procedures for approval of the development of any property, or part thereof, located within the SCOD shall be the same as set forth in Section 415.510 of this Code, provided, however, that any reference to "Planned Residential District" or "PRD" in Section 415.510 of this Code shall be read to mean "Special Circumstances Overlay District."

E. Applicable Zoning Districts. The SCOD may be applied to any zoning district in the City, and may be included in the Planned Residential Development ("PRD") Overlay District pursuant to Section 415.510 of this Code.

F. Modification Of District Regulations. Notwithstanding the provisions of Section 415.510(D) of this Code to the contrary, the procedures set forth herein may be utilized to modify otherwise applicable underlying district regulations by authorizing any of the following development types and allowing modification to any of the following district standards:

1. Any residential, commercial, or industrial use, along with their respective supporting facilities.

2. Any accessory use permitted in the zoning district within which the special circumstances development is overlaid. The area and yard requirements for non-dwelling uses shall not be diminished, unless otherwise authorized by the ordinance approving the special circumstances development.

3. Lot area, lot dimensions, setback distances, and height requirements shall be as established in the ordinance authorizing the special circumstances development, with the following restrictions:

a. Height limitations for structures may be modified by the Planning and Zoning Commission with respect to any structure proposed in an application for a special circumstances development, provided that any residential structure exceeding three (3) stories in height or thirty-five (35) feet shall be set back from all special circumstances development boundary lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure.

b. Setbacks along boundary lines of a special circumstances development and off-street parking requirements applicable in any district shall in no event be diminished.

c. No authorized minimum lot size shall be less than fifteen thousand (15,000) square feet in the Suburban Residential Area or such other minimum amount as may be authorized by the Master Plan or any amendment endorsed by the City Council.

d. Notwithstanding the foregoing, no lot in a SCOD that is located within a "NU" Non-Urban Residence District or within the Non-Urban Residential Area established by the Master Plan shall be less than three (3) acres in size.

4. Design specifications for public and other required improvements.

5. In no instance shall the required public space allocations set forth herein be an environmental hazard, as defined by the Federal, State, County, or City of Wildwood governments.

6. Land disturbance within setback areas, excepting for the purposes of access and necessary utility installations, preservation area locations, and tree canopy requirements applicable in any district shall in no event be diminished.

G. Limited Authority To Modify Other Development Regulations. In approving a "SCOD," the City Council may change, alter, modify, or waive any other provisions of the Zoning Ordinance, Subdivision and Development Regulations, or any other requirements, as they apply to the proposed special circumstances development. No modification under this Subsection shall occur, except where necessary to avoid substantial practical difficulties particular to the site, where the City Council has made a specific finding to this effect, and where all other requirements for modification have been satisfied, including the standards in Subsection (H).

H. Standards For Modifications. No change, alteration, modification or waiver authorized by Subsections (F) or (G) shall authorize a change, prior to review of such modification by the Planning and Zoning Commission and Director of Planning. Unless otherwise specifically authorized by the subject zoning or subdivision provision, no such change, alteration, modification or waiver shall be approved, unless the City Council shall determine the proposed modification:

1. Will achieve the specific purposes a SCOD is intended to meet as a condition of its approval pursuant to this Section;

2. Will not violate the general purposes, goals and objectives of the zoning and subdivision ordinances, other applicable development regulations, and the City of Wildwood Master Plan; and

3. Will address any negative impacts that may result from such change, alteration, modification, or waiver to such provisions through appropriate mitigating actions. The Director of Planning and Parks is hereby authorized to prepare forms pursuant to which any such mitigating actions must be presented.

I. SCOD District Application Submission Requirements. No person shall develop or cause the development of any property, or part thereof, located within the SCOD unless a completed application for such development has been submitted and approved pursuant to the requirements of this Section. The SCOD application form and/or the preliminary development plan shall contain and provide the information required pursuant to Section 415.510(H) of this Code, and the following:

1. SCOD Application Requirements. A complete application shall contain the information required under Section 415.510(H) of this Code, and an Environmental Site Assessment (hereinafter defined) required pursuant to Subsection (O) of this Section. Along with this information, the applicant shall also provide, as part of this application filing, the following items:

a. Federal and State mapping, and any associated documentation, of any environmental hazards that are known or assumed to exist on the site.

b. Current letters from the EPA and the MDNR regarding any past and/or existing conditions of the subject site and other pertinent information relative to the safety of it for its intended use.

2. Fees. In addition to all other fees and application requirements pursuant to this Section or Section 415.550, every completed application shall include a fee payable to the City of Wildwood equal to two thousand five hundred dollars ($2,500.00), plus an additional two hundred fifty dollars ($250.00) for each acre or part thereof included within the area subject to the preliminary development plan. Such fees shall be used to defray the costs to the City to review the application.

J. Residential Density Limitation Method Of Calculation. The maximum density of any proposed development within the SCOD shall not contain more dwelling units than otherwise permitted by the requirements of the underlying zoning district or districts within which it is located. The maximum number of allowable dwelling units shall be calculated by dividing the net site area of the development by the minimum lot area requirements for a residential dwelling unit in the respective underlying zoning district in which the development is proposed to be located. In addition to the requirements of Section 415.510(I) of this Code, the following square footage shall be excluded from the meaning of the term "net site area":

1. All land that has previously been or currently is designated and/or controlled by an environmental covenant between the EPA or the MDNR and a landowner due to contamination caused by Contaminants, hazardous wastes, toxic wastes, or other defined public health threats;

2. All land that is designated under the Natural Resource Protection Standards Regulations as exhibiting slopes that are greater than thirty (30) percent or identified as sinkholes, wetlands, and ephemeral drainageways;

3. Notwithstanding the provisions of Section 415.510(R) of this Code to the contrary, land designated for the dedication for public space or public park use may not be considered in the calculation of gross acreage in computing the maximum number of lots that may be created or dwelling units that may be authorized.

K. SCOD District Application And Preliminary Development Plan Review Procedures.

1. Distribution Of Complete Application For Review. Upon receipt of a completed SCOD application, the Planning Director shall transmit a copy of the SCOD application and preliminary development plan to each member of the Planning and Zoning Commission, the Department of Public Works, the Architectural Review Board (ARB), and to such other City, County, State or Federal agencies, as appropriate, for their review and comment.

2. City Council Action. Upon receipt of the Planning and Zoning Commission's recommendation, the City Council shall either approve the preliminary development plan by adopting an ordinance approving the preliminary development plan or deny the application. If the application is approved, the matter shall be returned to the Planning Commission for consideration of a site development plan. In instances where the Planning Commission has recommended denial of a preliminary development plan, the City Council will receive and file the Letter of Recommendation on said request and a public hearing shall not be required, unless supported by its members. If a public hearing is supported by the City Council, a minimum two-thirds (2/3) majority of its members must authorize such to allow for its scheduling.

a. In instances, where the Planning and Zoning Commission has recommended support of a preliminary development plan, the City Council shall receive and file the Letter of Recommendation on said request and a hold a public hearing on the matter before its members. For legislation to be adopted approving the preliminary development plan, a minimum two-thirds (2/3) majority of the City Council members must approve it.

3. Successive SCOD Applications. No application submitted pursuant to this Section shall be considered by the Planning and Zoning Commission or the City Council, if the real property to be affected by the proposed change was the subject of a similar application subject to a public hearing by the Planning and Zoning Commission within twelve (12) months prior to the submittal of such application.

L. Standards For SCOD Application And Preliminary Development Plan Review. The Planning and Zoning Commission recommendation, along with the City Council's action on the same, shall be based upon the collective compliance of the completed SCOD application and preliminary development plan to all of the four (4) standards set forth in Section 415.510(K) of this Code and the following:

1. Public health and safety considerations;

2. Adequate remediation efforts by the developer through cooperation with Federal and State agencies, when applicable;

3. Conformance with the land use goals, objectives, and policies as set forth in Subsection (B) of this Section; and

4. Conformance with all of the requirements and provisions set forth in this Section 415.505.

M. Conditions For Approval. Notwithstanding the provisions of Sections 415.510(M) of this Code to the contrary, consistent with the standards or objectives of the "SCOD," the Planning and Zoning Commission may or may not support an application subject to conditions relating to, but not limited to, the following, which shall apply to any action of the City Council as well:

1. The type and extent of abatement, remediation, mitigation or compliance to Federal, State, County, and City environmental laws, standards, regulations, and/or requirements relating to Contaminants, environmental concerns or public or environmental hazards existing on the property, including those identified pursuant to an Environmental Site Assessment(s) (hereinafter defined) conducted consistent with Subsection (O) of this Section;

2. The methods or type of development practices, improvements, and common ground required;

3. The inclusion of more after-development inspections and site monitoring to ensure all components of the governing ordinance for the project are still adhered to, are in place, being maintained, or otherwise still applicable and germane, which must be described as part of the application process for a development within the SCOD along with the identification of the inspecting entity;

4. The assurance that disclosures to users and buyers, beyond the first set of them within a new project area, specifically as properties are transferred years or decades later, are in place and cannot be eliminated, unless acted upon by the City Council, after review and recommendation by the Planning and Zoning Commission;

5. Dedication of land or payment of fees for public space, road improvements, schools or for other infrastructure or public facilities impacted by the development;

6. An adequate plan for greater oversight of construction processes, if development allowances are granted on a special circumstances site, relative to those considerations generating the applicability of this overlay district's use;

7. Agreement to and representation of all materials submitted by the developer to the State of Missouri are met and indicating an understanding and compliance to the Missouri Department of Natural Resource's Land Disturbance Permit processes; and

8. Required provisions for funding of maintenance agreements or trust indentures.

N. Trust Indentures And Warranty Deeds. In developments where common areas exist, which may include open spaces, recreational grounds, environmentally protected areas by covenants or other restrictive agreements, or natural resource protection areas, are provided and the acreage of which is or is not included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said lands by trustees to be selected and to act in accordance with the terms of such indenture and these land shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and warranty deed shall comply with the requirements established in Section 415.470 of this Code, "Trust Indentures and Warranty Deeds." In addition, the trust indenture shall contain the following provisions:

1. That common areas, excepting environmentally protected areas by covenants or other restrictive agreements, and including open spaces, natural resource protection areas, or recreational grounds, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire special circumstances development or that the common areas may also be used by residents outside the special circumstances development. If residents outside the special circumstances development are permitted to use the common areas, the indenture shall contain provisions, which shall provide, in essence, the following:

a. No resident of the special circumstances development shall be denied the use of the open space, natural resource protection areas, recreational facilities, or other common ground for any reason related to the extension of such privilege to non-residents of the special circumstances development; and

b. At any time after the recording of the indenture, a majority of the residents of the special circumstances development, by election duly called, may elect to allow or disallow usage of the open space, natural resource protection areas, recreational facilities, or other common grounds by non-residents of the special circumstances development.

2. The indenture shall contain provisions for the maintenance of all common areas and facilities and the means of collecting assessments necessary for the maintenance thereof.

3. The indenture shall contain specific language restricting any disturbance of natural resource protection areas formally preserved under the application of Section 420.200 of this Code by any resident or non-resident of this special circumstances development, as well as any environmentally protected areas by covenants or other restrictive agreements.

4. The indenture shall contain no language inconsistent with any requirements or regulations of any of the City of Wildwood's ordinances, including the Zoning Ordinance and Subdivision and Development Regulations, and related development standards.

5. In addition to these requirements, indentures shall contain specific language restricting any alteration or disturbance of any area of the development subject to an environmental covenant or restriction other than restrictive agreement by any person.

O. Environmental Site Assessment. As part of, and as a condition for, the consideration of any submitted application for a residential, institutional, or public facility use, or for action upon the same within the Special Circumstances Overlay District (SCOD), the applicant shall be required to submit a Phase I Environmental Site Assessment ("Environmental Site Assessment"), conducted and prepared by an "Environmental Professional," as that term is defined in 40 CFR Section 312.10(b), as amended, to the City of Wildwood for its review and consideration in accordance with the provisions and requirements set forth herein. The applicant may also be required to submit a Phase II Environmental Site Assessment on the basis of results from the Phase I Environmental Site Assessment in accordance with the provisions and requirements set forth herein.

1. Phase I Environmental Site Assessment. The Phase I Environmental Site Assessment submitted to the City by the applicant shall conform to and be conducted in accordance with the American Society for Testing and Materials International ("ASTM") Standard E1527 — 13, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," and ATSM Standard E1528 — 14e1, "Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process," or the most current editions thereof which has, or have, been: (1) promulgated by ATSM, and (2) endorsed, in writing, by the EPA as meeting the all appropriate inquiries rule codified in 40 CFR Part 312, as amended.

a. Phase I Environmental Site Assessment Report Requirements. In addition to the foregoing requirements, the Environmental Phase I Environmental Site Assessment submitted by applicant to the City must also include all of the following:

(1) A statement that ASTM Standard E-1527 — 13 and ATSM Standard E1528 — 14e1, or the EPA endorsed, updated version(s) thereof, were used in completing the Phase I Environmental Site Assessment and that "all appropriate inquires" were conducted in accordance with 40 CFR Part 312, as may be amended from time to time.

(2) A description of the procedures followed while conducting the Phase I Environmental Site Assessment investigation in the Phase I Environmental Site Assessment report, including a detailed scope of services of the Environmental Professional conducting and preparing the same.

(3) Clear findings and conclusions regarding whether or not there are or was, at any time, any Contaminants or environmental concerns affecting the property.

(a) For any Contaminants or environmental concerns identified, whether past or present, the Phase I Environmental Assessment report must indicate:

(i) Whether any additional testing or analysis is recommended and, in the Environmental Professional's opinion, the rationale for recommending or declining to recommend additional testing or analysis;

(ii) Whether past remedial actions have been taken to abate the Contaminants or environmental concerns to satisfaction of the applicable regulatory authority and/or that the property currently meets criteria established by the applicable regulatory authority permitting unrestricted use of the property without the use of any mandatory controls; and

(iii) Whether the Contaminants or environmental concerns have been remediated and/or controlled to the satisfaction of the applicable regulatory authority and, if applicable, what controls remain in place.

(4) A Site Map, drawn to scale, showing:

(a) The relative location of the property in its orientation to adjacent properties and facilities, with existing streets and drives within fifty (50) feet of said property;

(b) Delineation of the perimeter of any major existing structures on the property;

(c) Any visible or reasonably ascertainable easements on the property;

(d) The approximate location of where Contaminants or environmental concerns have been or are identified, and any other recognized environmental conditions affecting the property, where applicable;

(e) The direction, established or presumed, of groundwater flow; and

(f) The boundaries of all floodplains, wetlands, and/or potential waterways or watersheds and related buffers on or adjacent to the property.

(5) A comprehensive environmental record search, including all standard sources listed in Section 8.2.1 of ASTM Standard E1527 —13.

(6) A comprehensive historical review of the subject property, which must include:

(a) A copy of documentation provided by a Title Company or title professional regarding reasonably ascertainable recorded land title records, judicial records and records of environmental liens and activity and use limitations;

(b) A discussion by the Environmental Professional as to the chain of title, judicial records, records of environmental liens and activity and use limitations associated with the property and any other pertinent records found by the title company or title professional in the historical records review which, when reviewed in its entirety, clearly shows a history of previous uses of the property back to 1940 or the property's obvious first developed use, whichever is earlier;

(c) A discussion by the Environmental Professional on the results of the historical review;

(d) The Environmental Professional's opinion as to any known or potential Contaminants or environmental concerns affecting the property; and

(e) Identification of all known Contaminants or environmental concerns currently or previously affecting the property or a statement conclusively that no such Contaminants or environmental concerns were identified.

(7) A signed and dated statement by the Environmental Professional and the applicant which shall expressly state that a purpose of the Phase I Environmental Site Assessment is to ascertain whether the property is environmentally suitable for the residential, institutional, or public facility use sought by the applicant in accordance with the provisions of Subsection (O) of this Section.

(8) A list of the environmental reports, permits and background documents reviewed including a list of interviewees.

(9) Discussion of causes of Contaminants or environmental concerns identified on and/or affecting the property, as applicable.

(10) The results of contacts with regulatory agencies concerning potential contaminated sites in the vicinity of the property.

(11) The resume(s) that describe the qualifications of all personnel involved with the Phase I Environmental Site Assessment, together with a summarization of such qualifications for all such personnel.

(12) A summary of all of the Environmental Professional's investigations and findings and a detailed Executive Summary clearly setting forth the Environmental Professional's written conclusions and recommendations to address any and all the environmental conditions of the property adverse to the public health, safety and welfare, including without limitation, contaminated groundwater and/or soil.

b. Timing Of Phase I Environmental Site Assessment. The Phase I Environmental Site Assessment, including, but not limited to, regulatory database reviews, interviews, and searches for recorded environmental liens, must be completed or updated fewer than one hundred eighty (180) days before the submission of the application to the City. In no event may a Phase I Environmental Site Assessment report greater than one (1) year old at the time of application submission be submitted or an update of such report submitted; once a Phase I Environmental Site Assessment report is greater than one (1) year old an entirely new Phase I Environmental Site Assessment report is required.

(1) The date of the Phase I Environmental Site Assessment report shall be clearly placed on the cover page of the Phase I Environmental Site Assessment report.

(2) The date of the site reconnaissance shall also be specified in the Environmental Site Assessment report. The Phase I Environmental Site Assessment report must be issued no more than sixty (60) days after the site reconnaissance unless waived by the Planning and Zoning Commission of the City of Wildwood, Missouri, in its sole discretion.

(3) The Planning and Zoning Commission of the City of Wildwood, Missouri, shall have the sole right to require an update of any Phase I Environmental Site Assessment report which is equal to or greater than one hundred eighty (180) days old at the time final approval of any application is granted or at any time prior to commencement of construction if additional information regarding Contaminants, environmental concerns, or an environmental issue is discovered.

(4) If an updated Phase I Environmental Site Assessment report is necessary because the original report is between one hundred eighty (180) days and one (1) year old at the time of application submission, then the updated Phase I Environmental Site Assessment must include the minimum following updated components, in accordance with Section 4.6 of ASTM Standard E1527 — 13:

(a) Description of the new site reconnaissance, including visual inspection of the property and of adjoining properties;

(b) Updated site photos;

(c) Updated Federal, tribal, State, and local governmental records;

(d) Updated search for environmental liens;

(e) New interviews with owners, occupants, and operators of the property, or of neighboring properties, in the case of an abandoned or vacant site;

(f) All original materials and updates;

(g) The opinion of an Environmental Professional addressing all conditions (changed and unchanged) at the property; and

(h) A signed certification as to the update of the Phase I Environmental Site Assessment by the Environmental Consultant, the applicant, and all other appropriate parties.

2. Environmental Professional. The Environmental Professional who conducts and prepares the Environmental Site Assessment(s) submitted by applicant in accordance with this Subsection (O) shall be qualified to complete such Environmental Site Assessment(s). Such individual qualifications must demonstrate to the sole satisfaction the Planning and Zoning Commission of the City of Wildwood, Missouri, that the Environmental Professional is qualified to conduct such based upon education, accreditations, previous project experience and the current ASTM Standards, and otherwise meets the minimum requirements set forth in 40 CFR Section 312.10(b), as amended. In addition, the Environmental Professional who conducts and prepares the Environmental Site Assessment(s) submitted by the applicant shall not be affiliated with the applicant, or a buyer or seller of the property, or a firm engaged in any business that might present a conflict of interest or give the appearance of a conflict of interest.

3. Review And Other Tests, Studies And Actions. Upon review of the Phase I Environmental Site Assessment report by the Planning and Zoning Commission of the City of Wildwood, and, if applicable, the City's environmental consultant(s) or expert(s), or both, as the case may be, the Planning and Zoning Commission, in its discretion, may require additional studies, tests or environmental treatments and remedies as may be determined to be reasonably required or necessary to confirm the applicant's report and conclusions or for the abatement of the Contaminants, environmental remediation, safety and security of the site, including but are not limited to Phase II environmental investigations, cleanups or other remedies. Any such additional review and/or tests shall be performed at the sole cost and expense of the applicant.

a. If deemed necessary by the Director of Planning, the City may retain the services of environmental consultant(s) or expert(s), or both, to review the report(s) and data submitted by an applicant and to provide recommendation on actions thereon.

b. If the Phase I Environmental Site Assessment report indicates that the property contains or is likely to contain Contaminants or other environmental concerns, then the applicant shall cause to be conducted a site investigation in accordance with all applicable and current ASTM guidelines for a site investigation to identify areas of the property impacted by the Contaminants or environmental concerns and a remedial investigation/feasibility study to identify the full extent of soil and groundwater contamination and to identify and evaluate the feasibility of cleanup or other environmental remediation alternatives. Said site investigation and remedial investigation/feasibility study evaluations shall be in conformance with the guidelines of the governing State or Federal regulatory agency and conducted and prepared by an Environmental Professional.

c. A Phase II Environmental Assessments, if determined to be warranted by the City on the basis of results from the Phase I Environmental Site Assessment in accordance with this Subsection (O), must be conducted and prepared by an Environmental Professional in general accordance with ASTM Standard E1903 — 19, "Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process," or the most current edition thereof. All soil, surface water, ground water, and sediment sampling and analyses conducted in association with Phase II Environmental Site Assessments must follow approved State and Federal methodologies.

4. The provisions of Subsection (M) of this Section to the contrary notwithstanding, no SCOD application submitted pursuant to this Section shall be approved for the develop of any property, or part thereof, located within the SCOD, where there exists identified Contaminants in the groundwater or soil thereof, until all such identified Contaminants have been properly abated, removed, contained, collected, controlled, treated, disbursed, disposed of, or otherwise cleaned-up in accordance and in conformance with all applicable Federal, State, or local environmental laws, regulations, standards, directives, orders, directives, guidelines, and/or requirements.

5. In the event of any conflict between or among the standards promulgated by ATSM and the provisions and requirements provided for in this Subsection (O) or by any Federal, State, or local environmental laws, regulations, standards, directives, or guidelines, whichever imposes the more stringent standards, provisions, restrictions, or requirements shall apply.

Section 415.510 Planned Residential Development ("PRD") Overlay District.

[R.O. 1997 § 415.510; Ord. No. 1324 App. A § 1003.187, 8-14-2006; Ord. No. 2421, 1-14-2019]

A. Scope Of Provisions. This Section contains the Planned Residential Development ("PRD") District procedure and standards. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Section by reference.

B. Statement Of Intent. The "PRD" is an alternative to conventional land use regulations that integrates use, density, and site plan considerations through a two (2) step review process. The specific purposes of the "PRD" District and procedure are to:

1. Allow flexibility and encourage innovation in land use development, while promoting appropriate land use;

2. Improve the design and quality of new development with respect to spacing, heights, setbacks of buildings, densities, open space, and circulation elements;

3. Facilitate economic and energy efficient subdivision design with respect to the provision of streets, utilities and community facilities;

4. Encourage diverse urban developments that make available adequate housing opportunities for varying income levels;

5. Encourage allocation and improvement of common open space in residential areas and provide for maintenance of the open space at the expense of those directly benefiting from it;

6. Preserve and enhance important or unique site characteristics, such as natural topography, vegetation and geologic features, and prevent soil erosion, and control the flow of stormwater;

7. Preserve existing trees and vegetation;

8. Promote development patterns in harmony with surrounding neighborhoods and consistent with the goals and objectives of the City of Wildwood's Master Plan.

C. Applicable Zoning Districts — Minimum Acreage. The planned residential development procedure may be utilized for developments containing a minimum of six (6) or more acres in the "NU," "R-1," "R-1A," "R-2," "R-3," "R-4" and "R-6A" Residence Districts and, within the Town Center boundary, a minimum of five (5) total units.

D. Modification Of District Regulations. The "PRD" District procedure may be utilized to modify otherwise applicable underlying district regulations by authorizing any of the following development types and authorizing modification to any of the following district standards:

1. Any residential use and supporting community facilities.

2. Any non-commercial use permitted in the zoning district within which the planned residential development is overlaid. The area and yard requirements for non-dwelling uses shall not be diminished unless authorized by the ordinance approving the planned residential development.

3. Lot area, lot dimensions, setbacks, setback uses, tree canopy requirements and height requirements shall be as established in the ordinance authorizing the planned residential development with the following restrictions:

a. Height limitations for structures may be modified by the Planning and Zoning Commission with respect to any structure proposed in an application for a planned residential development, provided that any residential structure exceeding three (3) stories in height or thirty-five (35) feet shall be set back from all planned residential development boundary lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure.

b. Setbacks along boundary lines of a planned residential development and off-street parking requirements applicable in any district shall in no event be diminished. Open parking spaces may be required to be depressed below the grade of the remainder of the property or screened by walls, fences or plant material or by both methods in order to preserve and complement the general character of any existing developments on adjacent properties.

c. No authorized minimum lot size shall be less than fifteen thousand (15,000) square feet in the suburban residential area or such other minimum amount as may be authorized by the Master Plan or any amendment endorsed by the Council.

d. No lot in a "PRD" located within a "NU" Non-Urban Residence District or within the non-urban areas established by the Master Plan shall be less than one (1) acre in size.

4. Design specifications for public and other required improvements.

E. Limited Authority To Modify Other Development Regulations. In approving a "PRD," the City Council may change, alter, modify or waive any other provisions of this Chapter, Chapter 420, Subdivision and Development Regulations, or of other development regulations as they apply to the proposed planned residential development. No modification under this Subsection shall occur, except where necessary to avoid substantial practical difficulties particular to the site, where the Council has made a specific finding to this effect and where all other requirements for modification have been satisfied, including the standards in Subsection (F).

F. Standards For Modifications. No change, alteration, modification or waiver authorized by Subsection (D) or (E) shall authorize a change prior to review of such modification by the Planning and Zoning Commission and Director of Planning. Unless otherwise specifically authorized by the subject zoning or subdivision provision, no such change, alteration, modification or waiver shall be approved unless the City Council shall determine the proposed modification:

1. Will achieve the specific purposes a "PRD" is intended to meet as a condition of its approval pursuant to this Section;

2. Will not violate the general purposes, goals and objectives of this Chapter and Chapter 420, Subdivision and Development Regulations, other applicable development regulations and the City of Wildwood Master Plan; and

3. Will address any negative impacts that may result from such change, alteration, modification or waiver to such provisions through appropriate mitigating actions.

G. Procedures. Except as established by this Section, procedures and requirements for filing, review and approval of the planned residential development shall be those set forth in Section 415.560 for other amendments to this Chapter. Any application for the consideration of a planned residential development by the City will be subject to the review process of the City's Development and Zoning Review Committee.

H. "PRD" District Application Submission Requirements. An applicant for a "PRD" shall be filed on an application form provided by the City and shall be accompanied by a preliminary development plan. The "PRD" application form and/or the preliminary development plan shall contain and provide the following information.

1. "PRD" Application Requirements. A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the Planning Director to be inapplicable or unnecessary to appropriately evaluate the application.

a. Applicant's name, address, telephone number and interest in the property;

b. The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;

c. The street address of the property;

d. The proposed title of the project and the names, addresses and telephone numbers of the architect, landscape architect, planner, soil scientist and engineer on the project;

e. List of all property owners within one thousand (1,000) feet of the property;

f. A written analysis generally describing the following:

(1) The objectives of the proposed "PRD" development and the market, which it is intended to serve;

(2) Compatibility of the proposed "PRD" with City of Wildwood Master Plan;

(3) Compatibility of the proposed "PRD" with the neighboring properties and uses; and

(4) If the objectives of the proposed "PRD" do not strictly conform with the Master Plan, a written analysis that explains the substantially changed conditions that justify such non-conformance.

g. A development schedule indicating the approximate dates when the construction of the "PRD" or phases of the "PRD" can be expected to be commenced and completed.

h. Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the "PRD" and any of its parks, recreational areas, play areas, playgrounds and open space.

i. Legal description and outboundary plat/survey of the subject property drawn to scale with north point and date, which includes the following information:

(1) The land area within the proposed "PRD";

(2) The use and present zoning classification of the designated area;

(3) The zoning classification and use of all adjacent property and properties within one thousand (1,000) feet of the subject property;

(4) All public and private rights-of-way and easements bounding and intersecting the designated area, which are proposed to be continued, created, relocated and/or abandoned.

j. Such other and further information or documentation as the Planning Director may deem to be necessary for a full and proper consideration and disposition of the particular application.

2. Preliminary Development Plan. The preliminary development plan shall be drawn at a scale of not less than one (1) inch per fifty (50) feet and shall show the major details of the proposed "PRD" and provide sufficient detail to evaluate the features of the proposed development required by this Section. The preliminary development plan shall indicate or contain, insofar as applicable, the general location, arrangement, extent and character of the following information:

a. The existing and proposed topography of the subject property at vertical intervals of not more than five (5) feet referred to sea level datum;

b. The site and location of proposed uses;

c. The location and sizes of all existing and proposed buildings, structures and improvements and the general location of existing adjacent streets, alleys, structures and properties, including three (3) section profiles through the site showing building form, existing grade and proposed final grade at a scale no less than fifty (50) feet;

d. Structures or building envelopes by type of use, maximum height of structures, maximum gross floor area for each land use and land coverage of buildings and impervious areas or surfaces;

e. Residential development densities by housing types and maximum number of dwelling units as calculated pursuant to Section 415.510(H)(2)(l) below;

f. Proposed ingress and egress to the site, including major points of access to public rights-of-way and adjacent streets and drives and internal traffic circulation layout, including approximate alignments of internal roadway systems and all applicable governmental approvals for such locations;

g. Off-street parking and/or loading areas and outdoor storage areas, including areas for storage of boats, campers, trailers and recreational vehicles;

h. The location, height, type and size of proposed signs and lighting;

i. The areas that are proposed to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds or open space and as sites for schools and other public buildings;

j. A general landscaping scheme at the time of initial submission to be followed by a detailed landscape plan before the site development plan has been approved showing the spacing, sizes and specific types of landscaping materials, including approximate location of all isolated trees having a trunk diameter of six (6) inches or more than one (1) foot above grade, and all existing tree masses;

k. 100-year floodplain areas or areas subject to flooding, as defined in Section 415.030 of these regulations, retention areas and the surface drainage network;

l. Areas of environmental resources, as analyzed and mapped pursuant to Section 420.200 of the Subdivision Ordinance, Natural Resource Protection Standards;

m. Buffer areas and proposed fencing, including purpose and timing of construction;

n. Pedestrian circulation;

o. All public and private utilities rights-of-way and easements bounding and intersecting the designated area which are proposed to be continued, created, relocated and/or abandoned;

p. Proposed dimensions of separation and/or setback distances between buildings, streets and other features;

q. Proposed architectural concepts, building elevations, facade treatments, exterior building materials as necessary to establish how the proposed "PRD" uses and structures relate to the neighboring properties;

r. Traffic plan and analysis;

s. Treatment of sound, vibration, glare, radiation, fumes and heat emission, if any, which will extend beyond the subject property;

t. Preliminary plan for sanitation and wastewater disposal and potable water facilities;

u. Proposed stormwater retention areas and management plans;

v. Burial grounds on the site; and

w. Identification of all available public utilities, including high-speed internet access service.

3. Waiver Of Specific "PRD" Application And Preliminary Development Plan Submission Requirements. Upon written request and explanation by the applicant, any information required under this Section may be waived by the Planning Director upon a finding that the information is not necessary to properly review the proposed "PRD" application or preliminary development plan.

4. "PRD" Application Filing Fee Per Requirements Of Section 415.550, Fees. A "PRD" application filing fee, as required by Section 415.550, Fees, shall be submitted with a "PRD" application.

I. Density Limitation — Method Of Calculation. The maximum density of any proposed "PRD" shall not contain more dwelling units than otherwise permitted by the requirements of the underlying zoning district or districts within which it is proposed. The maximum number of allowable dwelling units shall be calculated by dividing the net site area of the development by the minimum lot area requirements for a residential dwelling unit in the respective zoning district in which the "PRD" is proposed to be located. The "net site area" is the gross area of the "PRD" development minus the total square footage of the following:

1. Land within the 100-year floodplain elevation, as identified in Section 415.070, "FP" Floodplain District Regulations, of this Chapter, for the Caulk's Creek, Wild Horse Creek and the Hamilton, Fox, Tavern, Bonhomme, Carr and other perennial creeks or watercourses within the 100-year floodplains and floodways. For the purposes of this Section, the floodplain of a lot or tract of land shall also include any portions of the property where a site-specific, engineered study has been completed that indicates the existence of this floodway or floodplain, based upon the criteria established by Federal Emergency Management Agency and the City of Wildwood.

2. Land that is utilized for roadway right-of-way purposes, excluding right-of-way dedication for widening existing roadways and private roadway easements or dedications within "NU" Non-Urban Residence District zoned developments.

J. "PRD" District Application And Preliminary Development Plan Review Procedures.

1. Determination Of Completeness. No "PRD" application and/or preliminary development plan shall be accepted unless and until it is determined to be complete by the Planning Director. If the Planning Director determines that either the "PRD" District application or preliminary development plan is incomplete, he/she shall notify the applicant in writing specifying the deficiencies, including any additional information which must be supplied, within thirty (30) days and advising the applicant that no further action shall be taken by the City unless the deficiencies are corrected within a reasonable period of time. Where a "PRD" application is contingent upon approval of a petition for rezoning of the underlying district, the two (2) petitions shall be considered together for purposes of this Section.

2. Distribution Of Complete Application For Review. Upon receipt of a complete "PRD" application, the Planning Director shall transmit a copy of the "PRD" application and preliminary development plan to each member of the Planning and Zoning Commission, the Department of Public Works, the Architectural Review Board (ARB), and to such other City, County or State agencies, as appropriate, for their review and comment.

3. Planning Commission Public Hearing. After a determination by the Director that the application is complete, a public hearing on the proposed "PRD" application and preliminary development plan shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance.

4. City Council Action. Upon receipt of the Planning and Zoning Commission's recommendation, the City Council shall either approve the planned residential development by adopting an ordinance authorizing the development or deny the application. If the application is approved, the matter shall be returned to the Planning Commission for consideration of a site development plan. In instances where the Planning Commission has recommended denial of a planned residential development, the City Council will receive and file the Letter of Recommendation on said request and a public hearing shall not be required, unless supported by its members. If a public hearing is supported by the City Council, a minimum two-thirds (2/3) majority of its members must authorize such to allow for its scheduling.

a. In instances, where the Planning and Zoning Commission has recommended support of a planned residential development, the City Council shall receive and file the Letter of Recommendation on said request and a hold a public hearing on the matter before its members. For legislation to be adopted authorizing the planned residential development, a minimum two-thirds (2/3) majority of the City Council Members must approve it.

5. Registration And Recording. An approved "PRD" and site development plan shall be registered and recorded, by the applicant, with the St. Louis County Recorder of Deeds within sixty (60) days of the City Council approval date. The official Zoning Map of the City shall be amended by City planning staff to designate the area included in the approved "PRD" plan as "Planned Residential Development District #_____." Failure to record the approved "PRD" plan within the time specified shall cause the approval of the plan to terminate. Upon written request of the applicant, an extension to the recording time may be granted by the Planning and Zoning Commission for a period of up to an additional sixty (60) days.

6. Successive "PRD" Applications. No application for a change of zoning classification with an accompanying "PRD" shall be made by an applicant concerning any land area, of which any portion thereof had been subject to a public hearing conducted by the Planning and Zoning Commission or City Council within the immediate preceding twelve-month period and which resulted in a rejection of the proposed "PRD" application.

K. Standards For "PRD" Application And Preliminary Development Plan Review. The Planning and Zoning Commission recommendation, along with the City Council's action on the same, shall be based upon the collective compliance of the application and plan to all of the four (4) standards set forth below:

1. Conformance with the land use goals, objectives and policies of the City of Wildwood Master Plan, including that the "PRD" application and the associated plan shall meet the density and other similar requirements of the applicable zoning district designation of the subject tract of land.

2. Open space including, without limitation, parks, recreation areas, playgrounds and natural areas, along with the provision of adequate landscaping, screening, and buffering:

a. The required open space should be accessible, functional and usable by the people being served;

b. Private open space is provided for each proposed residential dwelling;

c. The proposed "PRD" provides for the preservation of natural resource features, soils, landforms, forests and other land attributes described in Section 420.200;

d. The proposed "PRD" provides for a variety of plant and hard surface materials and the selection of materials provides a variety of colors and contrasts;

e. The proposed "PRD" provides significant amounts of plant material sized in excess of landscaping requirements in the Wildwood Tree Manual;

f. The setbacks, yards and usable open space along public roadways are landscaped to provide attractive streetscapes, thereby enhancing architectural features and contributing to the development of an attractive site development plan;

g. The landscaping is designed to facilitate buffering between uses;

h. Screening of service yards and other places which tend to be unsightly is accomplished by the use of walls, fencing, planting or combination of these; and

i. The proposed "PRD" provides for the continual maintenance of landscaping.

3. Adequate internal traffic circulation and the provision of an appropriate transportation system that serves the property, whether public or private, including adequate parking, and constructed to accomplish the following design requirements:

a. High speeds are discouraged or a physical separation between streets and the project is provided;

b. Pedestrian-vehicular conflicts are minimized;

c. Safe and convenient connections within the project and between the project and existing and proposed transportation systems are provided including, without limitation, streets, bikeways and pedestrian ways;

d. The amount of land devoted to the street system is minimized;

e. The project is designed for the types of traffic expected, including, without limitation, automobiles, bicycles and pedestrians, and provides safety, separation from living areas and control of noise and exhaust;

f. City construction standards are met and emergency vehicle use is facilitated;

g. On-site facilities for external linkage with other modes of transportation, where applicable, are provided;

h. The project incorporates into the design of parking areas measures to provide convenience and separation of pedestrian movements from vehicular movements;

i. The minimum amount of land necessary to meet the needs of the project is devoted to parking;

j. The design and treatment of parking areas and lighting is such as to preserve green space in tree islands and to reduce the visual impact on the project, adjoining properties and adjacent streets; and

k. The project meets the parking requirements of Section 415.280 of these regulations.

4. Livability and building design/placement/architecture and their relationships to the surrounding neighborhoods:

a. For residential "PRD" projects, noise is minimized between dwellings, within and between buildings and from external sources, either on- or off-site;

b. For residential "PRD" projects, visual separation is provided between dwellings for both indoor and outdoor living spaces;

c. A lighting plan is provided which addresses security, energy conservation, safety and aesthetics;

d. Impacts of winds are mitigated;

e. Cut and fill are minimized on the site and the design of structures conforms to the natural contours of the land;

f. The building design/placement/architecture and related type provide a variety and quality that adds to the visual attractiveness of the City;

g. The building height, mass, scale, orientation and configuration are compatible with the general character of the area;

h. The orientation of the building or buildings is controlled to minimize shadows or blocking views from adjacent properties;

i. Where the character of the area is identifiable, the "PRD" project is compatible with such conditions by the appropriate use of color, materials, vegetation, signs and lighting; and

j. Views, from and by, the adjoining and nearby neighbors or person living in the affected ward(s).

L. Time Periods For Submission Of Plans And Commencement Of Construction And Extensions Of Time.

1. Site Development Plan. The site development plan shall be submitted to the Planning and Zoning Commission for review within twelve (12) months after approval of the application by the City Council, unless such time is extended by the Commission. One (1) such extension shall be allowed for a maximum of six (6) months.

2. Commencement Of Construction. Substantial construction shall commence within twelve (12) months of approval of the site development plan, unless otherwise authorized by ordinance. Where due cause is shown by the petitioner, the Commission may extend the period to commence construction for not more than one (1) additional six-month period. As used in this Section, "substantial construction" shall mean final grading for and installation of roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary and storm sewers.

3. Appeal Of A Denial Of An Extension Of Time.

a. Upon the denial by the Planning and Zoning Commission of a request to extend the time for the filing or recording of a site development plan or to commence construction, the applicant may file an appeal with the City Council requesting a determination from that body, except in such instances where the maximum time extensions have been granted.

b. A notice of appeal shall be filed within fifteen (15) days of action by the Commission. Notice of appeal to the City Council shall be in writing filed in duplicate with the City Clerk of the City Council. The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth the specific causes why the previously approved time for the filing or recording of a site development plan or beginning construction could not be met and within what period of time such requirement can be met.

c. Upon receipt of an appeal for a time extension, the City Council shall refer same to the Planning and Zoning Commission for report therein as to whether or not the facts offered in the appeal have or have not justified the requested time extension. The City Council on receipt of the Commission's report may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission or may grant or deny any request for an extension of time upon which the Planning and Zoning Commission has taken action. An affirmative vote of eleven (11) members of the whole City Council shall be required to reverse, modify or amend any determination of the Planning and Zoning Commission.

M. Conditions For Approval. Consistent with the standards or objectives of the "PRD," the Planning and Zoning Commission may or may not support a proposal subject to conditions relating to, but not limited to, the following, which shall apply to any action of the City Council as well:

1. The type and extent of improvements and landscaping;

2. The methods or type of development practices, improvements and common ground required;

3. Maximum bulk of dwelling unit in relationship to lot size or dimension;

4. Dedication of land or payment of fees for public open space, road improvements, schools or for other infrastructure or public facilities impacted by the development;

5. Required provisions for funding of maintenance agreements or trust indentures.

N. Appeal Or Protest, Procedure.

1. Appeal By Petitioner To Recommendation Of Denial. The petitioner may file an appeal to the City Council regarding a Planning and Zoning Commission's recommendation for denial of an application seeking the authorization of a planned residential development procedure or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.

2. Protest By Specified Nearby Property Owners To Recommendation Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning and Zoning Commission's recommendation of approval of an application for a planned residential development procedure or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.

O. Procedures To Amend The Planned Residential Development Ordinance Or Required Plans. In order to amend provisions of an existing planned residential development ordinance or to amend a site development plan approved for the planned residential development, the procedure shall be as follows:

1. To amend the planned residential development ordinance:

a. All "PRD" plans and documents registered and recorded under this Section of the regulations may be amended in whole or in part upon submission of a written request from the petitioner to the Planning Director. The Director shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b. If the Department of Planning determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Department shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the request and the report of the Department and then forward a recommendation to the City Council. A recommendation of approval shall include all conditions to be included in the amended ordinance.

c. If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning and Zoning Commission. The Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

2. To amend the site development plans:

a. The petitioner shall submit an amended site development plan to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, the preliminary development plan approved by the City Council and the initial site development plan approved by the Commission.

b. If the Department of Planning determines that the proposed amendment to the site development plan is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the planned residential development procedure ordinance and other applicable ordinances and regulations of the City, said plan shall be reviewed and approved by the Planning and Zoning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning and Zoning Commission approval with a copy to be filed with the City of Wildwood. However, when conditions of a particular planned residential development procedure ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.

c. If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed site development plan amendment and make a final determination. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

d. If the Department of Planning determines that the proposed amendment to the site development plan is minor and not in conflict with the approved site development plan and meets all conditions of the "PRD" ordinances, the Department may approve such amended plan after notice to the Planning and Zoning Commission.

P. Appeal To Planning And Zoning Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal to the Planning and Zoning Commission a decision by the Department of Planning, in cases where the Department of Planning is authorized to review development plans. The petitioner shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for it, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the site development plan.

Q. Time Periods For Submission Of Plans And Commencement Of Construction And Extensions Of Time.

1. Site Development Plan. The site development plan shall be submitted to the Planning and Zoning Commission for review within twelve (12) months after approval of the application by the City Council, unless such time is extended by the Commission. One (1) such extension shall be allowed for a maximum of six (6) months.

2. Commencement Of Construction. Substantial construction shall commence within twelve (12) months of approval of the site development plan, unless otherwise authorized by ordinance. Where due cause is shown by the petitioner, the Commission may extend the period to commence construction for not more than one (1) additional six-month period. As used in this Section, "substantial construction" shall mean final grading for and installation of roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary and storm sewers.

3. Appeal Of A Denial Of An Extension Of Time.

a. Upon the denial by the Planning and Zoning Commission of a request to extend the time for the filing or recording of a site development plan or to commence construction, the applicant may file an appeal with the City Council requesting a determination from that body, except in such instances where the maximum time extensions have been granted.

b. A notice of appeal shall be filed within fifteen (15) days of action by the Commission. Notice of appeal to the City Council shall be in writing filed in duplicate with the City Clerk of the City Council. The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth the specific causes why the previously approved time for the filing or recording of a site development plan or beginning construction could not be met and within what period of time such requirement can be met.

c. Upon receipt of an appeal for a time extension, the City Council shall refer same to the Planning and Zoning Commission for report therein as to whether or not the facts offered in the appeal have or have not justified the requested time extension. The City Council on receipt of the Commission's report may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission or may grant or deny any request for an extension of time upon which the Planning and Zoning Commission has taken action. An affirmative vote of eleven (11) members of the whole City Council shall be required to reverse, modify or amend any determination of the Planning and Zoning Commission.

4. Termination Of Planned Residential Development. In the event the site development plan is not submitted or substantial construction has not commenced within the prescribed time limits, the right to develop pursuant to the planned residential development procedure shall terminate and the Planning and Zoning Commission shall within forty-five (45) days initiate a resolution of intent for the purpose of a new public hearing to consider reversion of the property to its prior underlying zoning classification in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance. Where rezoning has been granted in conjunction with a planned residential development and said planned residential development has terminated, no building permit shall be issued on that property until completion of action by the City Council on a resolution of intent to rezone said property in accord with the provisions of the above-noted Section.

R. Dedications For Public Schools And Parks. A planned residential development, if otherwise consistent with the purposes of this Chapter, may be permitted to include land designated for dedication for public school or public park use as part of its gross acreage in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:

1. The size of any dedication of land for public school or park purposes shall be based upon defined need, as determined by the Rockwood School District or the City of Wildwood, but in no case exceed thirty percent (30%) of the overall development area.

2. The proposed school site is compatible with a generalized plan for school locations published by the school district.

3. Prior to approval by the Planning and Zoning Commission of a site development plan indicating a public park or public school site, a written statement shall be received from the Department of Planning and Parks recommending approval of the proposed park dedication; or a written notification shall be received from the school district stating it has agreed to accept the public school site dedication.

4. Prior to approval of a site development plan, a written agreement between the petitioner and the school district shall be submitted to the Planning and Zoning Commission for review. This agreement shall indicate who is responsible for the installation of required improvements adjacent to or affecting the school site and when the improvements will be installed.

5. The proposed site is dedicated to public school or public park use in a manner approved by the City Attorney as to legal form prior to recording of the site development plan.

6. The site development plan identifies the boundaries of the dedicated tract within the planned residential development.

7. The deed of dedication for public park or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land that shall be preserved as green space. The trust indenture required herein shall provide for the manner in which the common land shall be maintained and preserved so as to affect this requirement.

S. Trust Indentures And Warranty Deeds. In developments where common areas, which may include open spaces, recreational grounds or natural resource protection areas, are provided and the acreage of which is included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and warranty deed shall comply with the requirements established in Section 415.470, Trust Indentures and Warranty Deeds. In addition, the trust indenture shall contain the following provisions:

1. That common areas, including open spaces, natural resource protection areas or recreational grounds, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire planned residential development or that the common areas may also be used by residents outside the planned residential development. If residents outside the planned residential development are permitted to use the common areas, the indenture shall contain provisions, which shall provide, in essence, the following:

a. No resident of the planned residential development shall be denied the use of the open space, natural resource protection areas, recreational facilities or other common ground for any reason related to the extension of such privilege to non-residents of the planned residential development;

b. At any time after the recording of the indenture, a majority of the residents of the planned residential development, by election duly called, may elect to allow or disallow usage of the open space, natural resource protection areas, recreational facilities or other common grounds by non-residents of the planned residential development.

2. The indenture shall contain provisions for the maintenance of all common areas and facilities and the means of collecting assessments necessary for the maintenance thereof.

3. In planned residential developments containing attached units, the indenture shall contain provisions for maintenance of common walls.

4. The indenture shall contain specific language restricting any disturbance of natural resource protection areas formally preserved under the application of Section 420.200 of Chapter 420, Subdivision and Development Regulations, by any resident or non-resident of this planned residential development.

5. The indenture shall contain no language inconsistent with any requirements or regulations of any of the City of Wildwood's ordinances, including this Chapter and Chapter 420, Subdivision and Development Regulations, and related development standards.

Section 415.520 Landmark And Preservation Area (LPA).

[R.O. 1997 § 415.520; Ord. No. 1324 App. A § 1003.191, 8-14-2006]

A. Purpose And Intent. The purpose of this Section is to promote the general welfare, heritage, education and economic benefit of the City of Wildwood through the preservation, protection and regulation of buildings, sites, structures, monuments and neighborhoods of historic, architectural, cultural or archeological significance. It is further the intent of this procedure to encourage the adaptation of these buildings, sites, structures, etc., for current use.

B. In any zoning district, except "PS" Park and Scenic District, a single parcel or geographic area may be designated as a landmark and preservation area thereby encouraging the preservation, enhancement, rehabilitation and perpetuation of the landmark building, structure or area. The Planning Commission may recommend and the City Council, by ordinance, may approve designation for a specific parcel or area provided the area is characterized by one (1) or more of the following criteria:

1. Has significant character, interest or value as part of the development, heritage or cultural characteristics of the City of Wildwood, State of Missouri or the United States.

2. Is the site of a significant historic event.

3. Is the work of a designer whose individual work has significantly influenced the development of the St. Louis region, State of Missouri or United States.

4. Contains elements of design, detail, materials or craftsmanship which represent a particular architectural style or significant innovation.

5. Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of a neighborhood or within the City of Wildwood.

C. Additional Permitted Land Uses And Developments. Designation as a landmark and preservation area qualifies property for additional uses beyond those permitted or conditional uses in the zoning district in which the property is located. A designated landmark and preservation area may contain such of the following additional uses as determined by the Planning Commission and the City Council, provided that these uses shall not create an appreciable increase in land use intensity, beyond what normally occurs in the applicable zoning district, nor substantially alter or affect the character of surrounding development:

1. Offices.

2. Limited service and retail facilities in which goods and services may be sold or provided directly to the public on the premises such as, but not limited to, studios or galleries for artwork or antiques; studios or work areas for artists, candymakers, dressmakers, tailors; music teachers; dance teachers; restaurants (excluding fast-food restaurants). In no case shall any use involving the manufacture of products be permitted to occupy more than four thousand (4,000) square feet of gross floor area.

3. Offices [as permitted in Subsection (C)(1) above] with affiliated dwelling units, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the office use and their respective families.

4. Child-care centers, nursery schools, day nurseries.

5. Single-, two- and multiple-family dwellings.

D. All such additional uses shall conform to specific conditions established in the ordinance governing the particular landmark and preservation area concerning, but not limited to, the following:

1. Building appearance.

2. Number of employees or pupils.

3. Minimum and maximum square footage per use.

4. Open space requirements.

5. Signs (number, type, location).

6. Parking (number, location).

E. Performance Standards. All uses established in a landmark and preservation area shall operate in accord with standards contained in Section 415.250, Zoning Performance Standard Regulations. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular landmark and preservation area.

F. Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, of this Chapter, the total height of any structure shall be limited by the applicable zoning district regulations. The height limitations may be made more restrictive in the conditions of the ordinance governing the particular landmark and preservation area.

G. Lot Area And Yard Requirements.

1. Minimum Lot Area. The lot area for any use or new building in a landmark and preservation area shall be governed by the regulations and the zoning district regulations in which the lot is located.

2. Minimum Yard Requirements. Setbacks for new parking areas and new structures shall be established in the conditions of the ordinance governing the particular landmark and preservation area; however in no instance shall they be less restrictive than the requirements of the zoning district in which the property is located.

H. Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a designated landmark and preservation area shall not be reduced below that required for the same use in any other "M" Industrial, "C" Commercial, "R" Residential, "NU" Non-Urban Residence zoning district as set forth in Section 415.280, Off-Street Parking and Loading Requirements — General. These requirements may be made more restrictive in the conditions of the ordinance governing the particular landmark and preservation area. Where determined necessary and where the landmark and preservation area includes two (2) or more uses, the Planning Commission may recommend and the City Council may approve a total reduction of not more than twenty percent (20%) of the required off-street parking and loading spaces, where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

I. Sign Regulations. The number, type and location of all signs, display or advertising devices proposed and visible from the public right-of-way shall be subject to the regulation and control of the particular zoning district in which the property is located as set forth in Section 415.400, Sign Regulations — General; however these regulations may be made more restrictive in the conditions of the ordinance governing the particular landmark and preservation area.

J. Procedure — Establishment Of Area. In order to establish a landmark and preservation area, the procedure shall be as follows:

1. Application. A petition shall be filed with the City Council on forms prescribed for this purpose by the Planning Commission. Said petition may be initiated by the City Council, Planning Commission, the owner(s) of record or owners under contract of a lot or tract or their authorized representatives or by the owners of fifty percent (50%) or more of the area (excluding streets and alleys) included within the proposed area.

a. Three (3) sets of forms shall be submitted to the Department of Planning on petitions initiated by owner(s) of record or owners under contract or their authorized representative or by owners of fifty percent (50%) or more of the area in a proposed area and are to be accompanied by the following:

(1) Filing fee per requirements of Section 415.550, Fees.

(2) General location map, outboundary plat and legal description of the property in question.

(3) A statement documenting the historic, architectural, cultural, archaeological or aesthetic significance of the proposed lot or lots.

(4) Summary, description, example or outline of proposed conditions to be applied within the area, including, but not limited to, design and construction standards for building facades, setbacks, height, scale, material, color and texture, trim, roof design and landscaping; standards for the design details for all fences, street furniture and signs.

(5) A preliminary development plan indicating existing and proposed structures and uses of all properties within the proposed area including:

(a) Existing and proposed contours at intervals of not more than five (5) feet referred to sea level datum.

(b) Proposed ingress and egress to site, including adjacent streets.

b. Petitions initiated by the City Council or Planning Commission shall be accompanied by the following:

(1) A statement from the Historic Preservation Commission documenting the historic, architectural, cultural, archaeological or aesthetic significance of the proposed lot or lots.

(2) A survey of the property furnished by the Department of Planning from information of record.

(3) A letter of intent from the initiating party indicating the proposed uses.

2. Public Hearing.

a. A public hearing on the petition shall be held by the Planning Commission in the same manner and with the same public notice procedure as required in the procedure for amending this Chapter, provided that a date for a public hearing shall be set within forty-five (45) days of acceptance of the petition by the Department of Planning. Additional time may be required to set a date for public hearing for petitions initiated by the City Council or the Planning Commission.

b. Upon acceptance of the petition, the Department of Planning shall forward the application for landmark and reservation area designation to the Historic Preservation Commission for their comments and recommendation.

c. The Historic Preservation Commission shall make their comments and recommendation known to the Planning Commission and petitioner no later than seven (7) days prior to the public hearing before the Planning Commission. The said comments and recommendations shall be made available for public inspection. The Planning Commission will construe the absence of comment or recommendation as acceptance of the petition by the Historic Preservation Commission.

3. Planning Commission Recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. Said recommendation shall include the comments and recommendation of the Historic Preservation Commission and shall address the comments and recommendation of the Historic Preservation Commission, general planning considerations, including consistency with good planning practice, and compatibility with adjoining permitted developments and uses. All recommendations shall be made in consideration of plans or area studies, subdivision and zoning requirements and projected public improvements applicable to the area affected by designation. A recommendation of approval shall be accompanied by conditions to be included in the ordinance establishing the landmark and preservation area or approval of a site development plan in a landmark and preservation area. Such conditions shall include, but not be limited to, the following:

a. Permitted uses, including maximum floor area;

b. Preservation and design standards for all new construction, alteration and repair;

c. Height limitations;

d. Review of exterior facade and design features or details by the Historic Buildings Commission;

e. Minimum yard requirements;

f. Off-street parking and loading requirements;

g. Sign regulations;

h. Requirements for deed restrictions, as applicable.

4. Appeal Or Protest To Commission Recommendation.

a. Appeal By Petitioner To Recommendation Of Denial. The petitioner may file an appeal to the City Council of a Planning Commission recommendation of denial of an application for a landmark and preservation area procedure or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.

b. Protest By Specified Nearby Property Owners To Recommendation Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning Commission's recommendation of approval of an application for a landmark and preservation area procedure or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.

K. Procedure — Approval Of Site Development Plan. After passage by the City Council of an ordinance establishing a landmark and preservation area, a site development plan shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development shall be issued prior to approval of such plans.

1. Plans for single-lot developments shall be submitted to the Department of Planning to be reviewed for compliance with the zoning ordinances and then forwarded to the Historic Preservation Commission for review by the Historic Preservation Commission. Said plans shall contain the minimum conditions of the specific ordinance governing the landmark and preservation area and, further, shall comply with provisions of Chapter 420, Subdivision and Development Regulations, and other applicable City ordinances. Single lot development plans shall be recorded as outlined in Subsection (M).

2. If development in a designated landmark and preservation area requires trust indentures and/or maintenance agreements, a copy of the landmark and preservation area ordinance shall be recorded with said indentures or agreements.

3. In the case of multiple-lot developments, a site development concept plan for the designated area shall be submitted to the Planning Commission for review and approval. The concept plan shall be recorded as required by Subsection (M). Detailed site development section plans shall be submitted to the Department of Planning (and forwarded to the Historic Preservation Commission) for review and approval by the Planning Commission by individual building, lot, phase or plat representing a portion of the site development concept plan. The detailed site development section plans shall be recorded as required in Subsection (M).

L. Procedure — Amendment Of Conditions Or Site Development Plan. In order to amend conditions of an existing landmark and preservation area or to amend the site development plan approved for the landmark and preservation area, the procedure shall be as follows:

1. To amend the landmark and preservation area ordinance.

a. The property owner or authorized agent shall submit a written request to amend ordinance conditions to the Department of Planning for review. A copy of the request shall be forwarded to the Historic Preservation Commission for review and recommendation. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and shall consider the comments of the Historic Preservation Commission.

b. If the Department determines that the requested amendment is consistent in purpose and content with the nature of the original proposal as advertised, the Department shall so report to the Planning Commission. The Planning Commission shall then review the request and the report of the Department, then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.

c. If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning Commission. The Planning Commission may forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

2. To amend the site development plan approved for the landmark and preservation area.

a. The property owner or authorized representative shall submit an amended site development plan to the Department of Planning for review. The Department shall forward a copy to the Historic Preservation Commission for its review and recommendation. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing with the Historic Preservation Commission's recommendation and the preliminary development plan approved by the City Council.

b. If the Department of Planning determines that the proposed site plan amendment is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the landmark and preservation area ordinance, the Department upon recommendation of the Historic Preservation Commission may approve said amended plan. Said plan shall be recorded as required by Subsection (M).

c. If the Department of Planning determines that the proposed site plan amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission may forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.

d. Appeal To Commission Of A Decision By Department In Reviewing Development Plan. The petitioner/developer may appeal a decision by the Department of Planning, in cases where the Department of Planning is authorized to review development plans, to the Planning Commission. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission shall make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.

M. Recording. Within sixty (60) days of approval of the initial, conceptual or amended site development plan, the plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon with a copy to be filed with the City of Wildwood.

N. The permitted uses established in the ordinance governing the particular landmark and preservation area shall become effective upon recording of an instrument approved by the Department of Planning and the City Attorney. This recorded instrument shall constitute an affirmative covenant running with the land for a period of time specified in the ordinance. This covenant shall require the continuation of the preservation of the structure, site or area and prohibit the demolition of any structure without approval by the Historic Preservation Commission and the City Council. The City Council may release the covenant upon receipt of a report from the Planning Commission.

Section 415.530 Appeal And Protest Procedure For Change Of Zoning And Special Procedures.

[R.O. 1997 § 415.530; Ord. No. 1324 App. A § 1003.193, 8-14-2006]

A. Scope Of Provisions. This Section contains the regulations governing the filing and review of an appeal or protest from a Planning Commission decision or recommendation regarding a change of zoning or special procedure authorized under Section 415.500, Conditional Use Permit Procedure, and Section 415.520, Landmark and Preservation Area (LPA).

B. Statement Of Intent. The purpose of this Section is to provide a formal method by which a petitioner may request further consideration by the City Council of a Planning Commission denial or recommendation of denial of a change of zoning or certain special procedures as specified herein; and to provide a formal method by which the owners of property located within a specified proximity to a petitioned tract of land may present to the City Council a petition and statement of their opposition to a Planning Commission decision or recommendation of approval of a change of zoning or certain special procedures as specified herein.

C. Filing Of Appeal Or Protest. The following regulations shall govern the filing of an appeal or protest:

1. Appeal By Petitioner To Decision Or Recommendation Of Denial. Upon the denial or recommendation of denial by the Planning Commission of an application for a change of zoning or certain special procedure as specified herein, the applicant may file an appeal with the City Council requesting a determination from that body. The appeal shall be filed within thirty (30) days after the Planning Commission decision (or if the filing date falls on a weekend or holiday, the next regular business day). The appeal shall be submitted in writing to the City Council and shall be filed in duplicate with the City Clerk accompanied by a fee of two hundred dollars ($200.00). In the case of a special procedure, the applicant shall state in the appeal how the application, as initially filed or subsequently modified, meets the criteria set forth in the regulations of the special procedure in question.

2. Protest By Nearby Property Owners To Recommendation Of Approval. Owners of thirty percent (30%) (by area exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question may file a protest with the City Council against the Planning Commission's decision or recommendation of approval of a change of zoning or special procedure as specified herein. The protest shall be filed within eighteen (18) days after the Planning Commission decision (or if the filing date falls on a weekend or holiday, the next regular business day). The protest shall be in writing and shall be filed in duplicate with the City Clerk accompanied by the signatures of property owners in opposition, each signature being individually acknowledged. In the case of a special procedure, the protest shall include notarized verification from the person(s) collecting protestants' signatures that all signatures are correct and real. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in the regulations of the special procedure in question.

D. Review Of Appeal Or Protest. The following regulations shall govern the review of an appeal or protest:

[Ord. No. 2399, 10-8-2018]

1. Referral Of Appeal Or Protest To The City Council Planning. Upon receipt of an appeal or a protest, the City Council shall verify its completeness and compliance to required codes and laws, as set forth in State Statutes, City Charter, and local codes in this regard.

2. Public Hearing By The City Council. Before acting on any appeal or protest the City Council shall set the matter for hearing. The City Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant and the protestants in the case of a protest shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.

3. City Council Decision. Following the hearing by the City Council on an appealed or protested application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. No ordinance relating to a protested zoning or a zoning or special procedure which is contrary to a recommendation of a majority of the Planning Commission shall be adopted by the City Council only upon an affirmative vote of two-thirds (2/3) of the members of the whole City Council. In all other instances, a majority vote of the whole City Council shall be required to approve, deny or modify any recommendation of the Planning Commission with respect to a change of zoning or special procedure. A valid protest petition shall have the effect of extending the time for introduction of a bill beyond the ninety (90) day period established in Section 415.560 of this Chapter.

Section 415.540 Administration, Enforcement And Permits.

[R.O. 1997 § 415.540; Ord. No. 1324 App. A § 1003.200, 8-14-2006]

A. Scope Of Provisions. This Section contains the regulations pertaining to administration and enforcement of the provisions of this Chapter, issuance of permits and certifications, inspection of property and issuance of stop-work and stop-use orders.

B. This Chapter shall be administered and enforced by the Director of Public Works and the Director of Planning who shall have the following duties with respect to this Chapter:

1. The Director Of Planning.

a. Shall appoint a Zoning Enforcement Officer who, by authority of the Director of Planning, shall enforce the provision of this Chapter by means of the duties delineated herein. In addition, the Zoning Enforcement Officer shall by authority of the Director of Planning, enforce all regulations and conditions governing development of density development procedures, conditional use permits, landmark and preservation areas, the "C-8" Planned Commercial District and the "M-3" Planned Industrial District in accordance with plans approved by the Planning Commission and the Department of Planning pursuant to this Chapter.

b. May designate one (1) or more additional members of the Department, as well as members of other City departments who have a particular skill or competence, to act for the Director of Planning or the Zoning Enforcement Officer and the term "Director of Public Works" or "Zoning Enforcement Officer," as used elsewhere in this Chapter, shall be deemed to include such deputies.

c. May determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Adjustment.

d. Shall approve building permits. Such approval shall be by approval of the plot plan required by the Wildwood Building Code, except as otherwise provided by this Chapter.

e. Shall approve occupancy or other appropriate permits.

f. May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter by issuing a stop-work or stop-use order.

g. May refer any violation of this Chapter to the City Attorney for prosecution or other appropriate action when deemed necessary.

h. May adopt such administrative policies as he/she deems necessary to the carrying out of his/her enforcement responsibilities, which policies shall have general applicability to cases of similar character.

i. Certify whether any lot or parcel of land in the City of Wildwood lies within or outside of the "FP" Floodplain District and shall collect a fee for the issuance of said certification as provided in this Chapter.

2. The Director Of Public Works. The Director of Planning shall perform duties as are indicated in this Chapter. The Director may designate one (1) or more members of the Department who have particular skill or competence to act in the Director's place and the term "Director of Public Works," as used elsewhere in this Chapter, shall be deemed to include such designees.

C. Permits, Orders And Certifications.

1. Trustee Notification. Trustees of subdivisions shall be notified prior to the issuance of any building permit or zoning authorization. Applicant shall include proof of such notice in application for permit or authorization.

2. Building Permits. No building permit shall be issued for the erection, reconstruction or alteration of any structure or part thereof, nor shall any such work be started until approved by the Director of Planning or his/her authorized representative through an initial zoning certification. No building permit shall be issued for any building unless such building and lot is in conformity with the provisions of this Chapter and other ordinances of the City relating to land use, grading or construction.

3. Initial Zoning Certification. No building or occupancy permit shall be effective until an initial zoning certification has been signed by the Director of Planning reflecting compliance with the regulations set forth in this Chapter. Nothing in the issuance of a zoning permit shall be deemed to grant authority for uses or construction not authorized by the applicable regulations.

4. Occupancy Permits. No building or structure or part thereof shall hereafter be constructed or altered until issuance of a proper permit. No new use, extension or alteration of an existing use, or conversion from one use to another, shall be allowed in any building, structure or land or part thereof until issuance of a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry. No occupancy permit shall be issued for any use or change in use unless such use or change in use is in conformity with the provisions of this Chapter. Notwithstanding any Building Code provision to the contrary, temporary occupancy permits are disfavored and may not be issued except upon specific application to and authorization by the Director of Public Works and, if otherwise authorized, may be approved at the discretion of the Director only in cases where the applicant in writing has demonstrated clear and substantial hardship necessitating issuance.

5. Final Zoning Certification. No occupancy permit shall be issued or become effective until the Director of Planning has issued a final zoning certificate required by this Subsection. After a building permit has been issued and all construction completed for issuance of an occupancy permit, the party to whom the building permits were issued for the property shall provide an "as-built" survey of the lot to the Director of Planning showing and certifying all improvements and buildings are in accordance with the approved plans. The Director shall confirm that the lot and building conforms to the plans and all applicable provisions of zoning and subdivision ordinances and other applicable development regulations and upon such finding shall issue a final zoning certification which shall authorize issuance of an occupancy permit. If the lot or construction does not conform to such applicable plans, ordinances or regulations, the Director may deny the occupancy permit and may take such other action to obtain compliance.

6. Stop-Work Orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter may be effected by posting a stop-work or stop-use notice on the premises or by notice in writing to the owner of the property involved or to his/her agents or to the person doing the work, in the case of a stop-work order, stating the nature of the violation.

7. Floodplain Certification Fees. Applications for floodplain certification shall be upon the form designated by the Director of Public Works and shall include the locator number of the parcel of land for which certification is sought. The Director of Public Works shall collect a fee of twenty-five dollars ($25.00) for the issuance of certification of each lot or parcel of ground, provided that one dollar ($1.00) shall be collected for each additional lot in the same subdivision which is included in said certification.

D. Entry And Inspection Of Land And Buildings.

1. The Planning Commission or its authorized representatives, authorized personnel of the Department of Planning and the authorized personnel of the Department of Public Works are hereby empowered in the performances of their functions to enter upon any land in the City of Wildwood for the purpose of making inspections, examinations and surveys or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of this Chapter. The above authorized persons shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Section.

2. The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and report to the Director of Public Works any suggested stoppage of work.

E. Police Assistance In Posting Stop-Work And Stop-Use Orders. The Department of Police shall aid in enforcing this Chapter by posting stop-work or stop-use notices, when requested by the Director of Planning and Parks.

Section 415.550 Fees.

[R.O. 1997 § 415.550; Ord. No. 1324 App. A § 1003.210, 8-14-2006]

A. In the administration of the provisions of this Chapter, the Director of Planning shall collect fees, at the time of the filing of a petition or an application, for the various procedures as stated in this Section.

B. The filing fees for a petition subject to this Chapter shall be according to the following schedule:

1. Zoning district change or modification three hundred dollars ($300.00) plus an additional fee of fifty dollars ($50.00) for each acre or part thereof included within the area to being changed or modified.

2. Site plan review and conditional use requests:

a. Non-residential:

(1) Site Plan Review. Three hundred dollars ($300.00) plus an additional fee of twenty dollars ($20.00) for each acre or part thereof included within the area to be reviewed;

(2) Conditional Use Requests. Five hundred dollars ($500.00) for each permit requested.

b. Residential:

(1) Site Plan Review. The application fee for a site plan review development procedure shall be five hundred dollars ($500.00) plus twenty dollars ($20.00) for each dwelling unit proposed by the petitioner;

(2) Conditional Use. Two hundred fifty dollars ($250.00) plus ten dollars ($10.00) for each dwelling unit proposed by the petitioner.

3. The Director of Planning shall establish such other fees and charges as are necessary or appropriate for enforcing these provisions or as may be necessary to recoup the administrative or other costs incurred in such enforcement.

4. The fees to be charged for the various procedures in this Chapter are not refundable, except where a petition or application is withdrawn prior to advertising or posting of public hearing notices for the petition and then only by order of the City Council.

Section 415.560 Procedure For Amending The Zoning Ordinance.

[R.O. 1997 § 415.560; Ord. No. 1324 App. A § 1003.300, 8-14-2006; Ord. No. 2399, 10-8-2018]

A. Scope Of Provisions. This Section contains procedures for amending this Chapter, zoning district boundaries and classifications of property or such other applications requiring use of these procedures.

B. Petition For Change Of Zoning District Boundary Or Regulations For Property.

1. Petitions for any change of zoning district boundaries, any reclassification or amendment of district regulations applicable to any one (1) or more properties, as shown on the Zoning District Maps, shall be addressed to the City Council and filed with the Director of Planning in the office of the City of Wildwood Planning Commission upon forms prescribed for that purpose by the Commission and accompanied by such data and information so as to assure the fullest practicable presentation of facts. At the time the petition is filed, the fees established by this Chapter shall be paid to the City of Wildwood.

2. Each such petition, other than those initiated by the Planning Commission or the City Council, shall be verified by all deed owners or contractual owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented therein. If petitioners are contract owners, a complete copy of the contract creating such interest shall be included with the petition

3. The Planning Department shall, within thirty (30) calendar days of receipt of any petition for rezoning or special procedure permit accompanied by the appropriate filing fees, notify in writing all parties of interest as named in the petition, including the project engineer, architect and developer, as applicable, either that the petition is certified as meeting all pertinent requirements and will be scheduled for hearing by a specified date or specifically in what manner the petition does not comply with minimum petition submission requirements. If the Department does not respond in writing within thirty (30) days, the petition shall be deemed accepted and shall be scheduled for public hearing before the Planning Commission within the period established by the applicable provisions of this Chapter. If the petition has determined not to comply with minimum petition requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within thirty (30) days from receipt of the Department's letter. If the deficiencies are not corrected within the thirty-day period, the Department shall return the petition to the petitioner and recommend to the City Council that the filing fees be refunded.

C. Director Of Planning Report — Planning Commission Recommendation.

1. Upon filing with the Director of Planning a completed petition to amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established or upon initiation of a resolution of intention by the Planning Commission or the City Council, a public hearing shall be set before the Planning Commission within ninety (90) days. To effectuate proper notice for this hearing, the Director of Planning shall:

a. Cause public notice of hearing to be given as follows: publication at least once in some daily, tri-weekly, semi-weekly or weekly newspaper of general circulation in the City of Wildwood which shall have been published regularly and consecutively for a period of three (3) years. Publication shall commence not less than fifteen (15) days before the hearing date, but may also be advertised up to twenty-one (21) days in advance of that time. Every affidavit of proof of publication shall state that said publication and the newspaper in which notice was published have met the requirements of the foregoing provisions and those of Chapter 493, RSMo., as amended, governing legal publications, notice and advertisement. Notice shall contain, in addition to a description of the parcel of land, the approximate street location or address, when possible, the name of the person seeking the zoning change and the present zoning district classification and the zoning district classification sought. Additional information may be provided at the discretion of the Director of Planning to ensure that sufficient information exists within the notice of the planned action being considered that any resident has a minimum understanding of its nature.

b. Cause a sign or signs, not less than twenty (20) inches by twenty-six (26) inches, to be placed on each parcel of land on which an application for a zoning district change has been filed with the Planning Commission. Said sign or signs shall be placed on such land at least fifteen (15) days, but no greater than twenty-one (21) days, prior to the public hearing to be held by the Planning Commission and shall be posted in a conspicuous place upon said land at a point nearest to the right-of-way of any street or roadway abutting such land and so as to be clearly visible to the traveled portion of such street or roadway. The Director of Planning shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Chapter. Any such sign shall provide, in a legible font and size, the information necessary for its reader to have a description of the parcel of land, the approximate street location or address, when possible, the name of the person seeking the zoning change, the present zoning district classification and the zoning district classification being sought, and the proposed use of the site, along with contact information of the City, including its website address and other applicable media outlets. The Planning Director may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a zoning change pending before the Planning Commission. No failure to fully comply with this provision shall invalidate any subsequent approval or action of the City Council on such application.

(1) Penalty for removal or replacement of signs. Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a violation of this Chapter and upon conviction shall be punished as provided for in Section 415.570 of this Chapter.

c. Provide a mailed notice of the public hearing and item(s) to be considered to abutting and adjacent property owners, utilizing St. Louis County Department of Revenue Tax Records for addresses, within a radius of no less than three thousand (3,000) feet or greater than five thousand (5,000) feet. Determination of the required radius shall be at the discretion of the Department of Planning and/or the Planning and Zoning Commission, and be based upon an assessment by party or parties of the relative number of impacted properties and the calculated consequences upon the overall area. No failure to fully comply with this provision shall invalidate any subsequent approval or action of the City Council on such application.

2. The Planning Commission may recommend a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Planning Commission may recommend a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same type as referred to in this Section shall include the "C-8" Planned Commercial District in the "C" district classification and the "M-3" Planned Industrial District in the "M" district classification when a petitioner proposed a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the "C-8" and "M-3" rezoning procedures respectively.

3. The Director of Planning shall submit a written or oral report to the Planning Commission prior to the forwarding of a decision or recommendation by the Planning Commission to the City Council.

D. Council Hearing And Decision.

1. Council Hearing — Notice Of Hearing Before Council. All requirements of Subsection (C) of this Section pertaining to notice of hearings shall be followed prior to any hearing before the Council required by this Section.

2. If a bill granting or denying the application is not introduced in the City Council within ninety (90) days after a report thereon by the Planning and Zoning Commission is received by the City Council at a regular meeting, it shall be deemed denied unless extended by resolution of the City Council during the ninety (90) day period.

3. Council may approve, deny, modify or refer the matter for further consideration.

E. Text Amendments And Minor Changes. Notice for any hearing by the Planning Commission or City Council for consideration of only a text amendment to the zoning regulations or a minor change to site-specific zoning district regulations may be limited to newspaper publication pursuant to Subsection (C)(1)(a) of this Section. For the purposes of this Section, a "minor change" shall be recognized where the Director of Planning finds that the change is consistent with the purpose and content of the current zoning ordinance as originally advertised for a public hearing.

F. Withdrawal. If a petition submitted in accordance with Section 415.560 is denied, no subsequent application requesting the same change, amendment or reclassification with reference to the same property or part thereof, shall be submitted to the City's Department of Planning within twelve (12) months from the date of receipt and filing by the City Council of the Planning and Zoning Commission's report on said matter. Any request for withdrawal of a legally filed application for amendment or supplement to this Chapter may be denied, approved with prejudice or approved without prejudice by the Planning Commission.

G. Effect Of Denial. If an application for the amendment, supplement or change of any property is denied, no subsequent application requesting the same classification or conditional use permit of or with reference to the same property or part thereof shall be filed with the Department of Planning within twelve (12) months from the date of the receipt and filing by the City Council of the Planning and Zoning Commission's report on the application. No ordinance relating to zoning or special procedure which is denied by a majority of the members of the Planning and Zoning Commission shall be adopted by the City Council, except by an affirmative vote of two-thirds (2/3) of the members of the City Council. No provision herein shall be construed to prevent the City Council from initiating the procedure provided in this Section by a resolution of intention at any time.

H. Failure To Follow Procedures. Failure to follow procedures required under this Section shall not invalidate any action or decision by the Planning Commission, Director of Planning or the City Council unless such invalidation is required by law.

Section 415.570 Warning, Summons And Penalty For Violations.

[R.O. 1997 § 415.570; Ord. No. 1324 App. A § 1003.410, 8-14-2006; Ord. No. 1607 § 1, 3-23-2009]

A. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

LESSEE

Any person who leases all or a portion of a premises on a day-to-day, week-to-week or month-to-month basis.

OWNER

Any person or persons or entity who have a vested fee simple title, an equitable interest or a life interest in any lot or tract of land or in a particular part thereof, whether such tract or lot of land is held in common by joint owners.

PERSON HAVING CONTROL

Any occupant, agent, servant, representative of employee of any owner or lessee or renter of any property who exercises any control on behalf of the owner, lessee or renter.

RENTER

Any person who rents all or a part of a premises on a day-to-day, week-to-week or month-to-month basis. For purposes of this Chapter, a person over the age of eighteen (18) years who is living in a household with a parent but who is neither the owner, the lessee, the head of the household or the person having control shall be considered to be a "renter," regardless of whether they pay rent for such occupancy in money.

B. Notice And Warning. Any person who shall violate the provisions of this Chapter of the City of Wildwood Code may be noticed and warned as follows:

1. Whenever it comes to the attention of the City or the City becomes aware of the existence of a violation of this Chapter, hereinafter referred to as the "violation," the City shall investigate the violation and have prepared a report concerning the same. If a violation of this Chapter of the City of Wildwood Code is found to exist, a warning notice shall be left with any person occupying such property, whether such person is the owner, renter or lessee thereof, by delivering such warning notice to such person or if no one is present in the property or refuses to accept the notice, then by posting the warning notice on the front or side or rear entrance to the residence or building.

2. The warning notice provided in Subsection (B)(1) shall contain:

a. The address or legal description of the property;

b. The ordinance number of the ordinance being violated;

c. The nature and location of the violation and the date by which such violation shall be removed or abated;

d. A notice of the penalty for failure to remove or abate the violation, stating that if the nuisance reoccurs by the same occupier, owner or person in charge, a summons will be issued without further notice.

3. If the violation occurs on unimproved property or where the residence or building is unoccupied, the property may be posted as provided in Subsection (B)(1) and if the property is unimproved by placing the notice upon a tree or other object upon such property as may be available.

4. A notice in writing containing the same information as provided on the warning notice provided in Subsection (B)(2) shall be sent to the owner or any other person having control of the property at the last known address of the owner or at the address of the person having control by ordinary mail, postage prepaid.

C. Recurring Violations. Once a notice has been given to the head of the household, the renter, the lessee, the owner or the person having control of a lot or tract of land in or on which a violation has been created or maintained or the person otherwise responsible for the violation and after abatement thereof the same violation recurs in or on the same lot or tract of land by the same person or persons responsible therefor, no further warning notice shall be given. Thereafter such responsible person or persons may be summoned into Municipal Court to answer to the charges against him/her. In addition to the court costs normally assessed in all such cases, there shall be added thereto all costs incurred by the City in abating the violation as set out in Subsection (D).

D. Failure To Act Upon Warning Notice. Upon neglect or failure to act upon the warning notice by the property owner, the City shall issue a summons as follows:

1. Summons, Service Of. If a warning notice is given as provided in Subsection (B) and if after the time for removal or abatement has lapsed the property is reinspected and the inspecting officer finds and determines that the violation has not been removed or abated, the inspecting officer shall fill out and sign as the complainant a complaint and information form, hereinafter referred to as a summons, directed by name to the occupant, owners or person in charge of the property showing the address or legal description of property on which the violation is located and such other information as may be available to the inspecting officer as shown on the summons and specifying the Section of the Chapter which is being violated and setting forth in general the nature of the violation and may serve the summons on the occupant, owners or person in charge or any or all of such persons. The summons shall contain a date on which the case will be on the Municipal Court docket for hearing. The Prosecuting Attorney shall sign the original copy of all such summons and the original thereof shall be forwarded to the Clerk of the Municipal Court for inclusion on the court's docket for the date shown on the summons.

2. Summons, Delivery By Mail. If no one is found at the property to accept a summons for failure to remove or abate a violation, the inspecting officer shall fill out and sign the summons as the complainant as provided in Subsection (D)(1) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court who shall verify or insert the date that the case has been set for hearing before the Municipal Court. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid, to the person named therein at the address shown on the summons or at such other address as the person charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.

3. Abatement By City — Costs Assessed To Person Responsible. If the occupant, owner or person in charge of property or person responsible for the violation for which a warning notice has been given to remove or abate a violation fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may remove the same and thereby abate the violation and, if necessary, may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person or persons responsible for creating or maintaining the violation, if the cause therefor lies with any of the persons as defined in Subsection (B).

4. Payment Of Costs — Special Tax Bill Or Judgment. All costs and expenses incurred by the City in removing or abating any violation on any private property may be assessed against the property in the form of a special tax bill, which special tax bill shall become a lien on the property. Alternatively, the cost of removing or abating the violation, whether on public or private property, may be made a part of the judgment by the Municipal Judge, in addition to any other penalties and costs imposed, if the person charged either pleads guilty or is found guilty of causing, creating or maintaining a violation on public or private property.

5. Warning Notice, First Offense, Warning Not Required. In all cases where the violation on public or private property is the first offense of the specified ordinance violation for the person charged therewith, the warning notice provisions of Subsection (B) may be observed. The notice shall specify the number of days in which the violation shall be removed or abated, which time shall not be less than three (3) days nor more than ten (10) days, except in emergency cases. Nothing herein shall be construed to require the City to issue a warning notice prior to prosecuting a violation or seeking any other remedy.

6. Warning Notice, Subsequent Offenses. In all cases where the violation on public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in Subsection (D)(5) above, the warning notice provisions of this Section need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

7. Warning Notice, Separate Offense. The failure to remedy a violation identified by a warning notice shall constitute a separate offense.

E. Penalty For Violation.

1. Any person, persons, firm, association or corporation violating any provision of this Chapter or any employee, assistant, agent or any other person participating or taking part in, joining or aiding in a violation of any provision of this Chapter shall be guilty of an offense punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment. For the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by both such fine and imprisonment.

2. In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove or otherwise eliminate any violations of this Chapter.

Section 415.580 Repeal Of Conflicting Ordinances.

[R.O. 1997 § 415.580; Ord. No. 1324 App. A § 1003.420, 8-14-2006]

All ordinances and parts of ordinances relating to zoning and planning previously adopted by the City Council, including special procedure ordinances and all orders or parts of orders adopted by the City Court of Wildwood which are inconsistent with any provision of this Chapter, are repealed to the extent of such inconsistency. An ordinance or part of an ordinance shall be deemed inconsistent with this Chapter if it establishes a regulation or authorization which is inconsistent with a regulation or authorization under the new provisions of this Chapter.

Section 415.590 Sexually Oriented Businesses.

[R.O. 1997 § 415.590; Ord. No. 1411 §§ 1—2, 6-11-2007; Ord. No. 2201 § 5, 8-8-2016]

A. Purpose And Findings. It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety and general welfare of the residents of the City and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article I, Section 8 of the Missouri Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material.

B. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE

A commercial establishment which, as one (1) of its principal business activities, offers sexually oriented materials for sale or rental for any form of consideration. A principal business activity exists where the commercial establishment:

1. Has a substantial portion of its displayed merchandise which consists of such items; or

2. Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or

3. Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or

4. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or

5. Maintains a substantial section of its interior business space for the sale or rental of such items; or

6. Maintains an adult arcade.

ADULT CABARET

A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude.

ADULT ENTERTAINMENT

Any live exhibition, performance or dance characterized by the exposure of any specified anatomical areas even if covered by translucent clothing or by specified sexual activities or by appearance of persons in attire, costume or clothing so as to emphasize or expose, even through opaque covering, the view to specified anatomical areas.

ADULT MOTION PICTURE THEATER

A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.

CHARACTERIZED BY

Describing the essential character or dominant theme of an item.

CHILD

See "minor."

EMPLOY, EMPLOYEE or EMPLOYMENT

Any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, manager, entertainer or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

ENTERTAINER

Any person who provides adult entertainment at a sexually oriented business described herein, whether or not a fee is accepted for the entertainment.

ESTABLISH or ESTABLISHMENT

Includes any of the following:

1. The opening or commencement of any sexually oriented business as a new business;

2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

3. The addition of any sexually oriented business to any other existing sexually oriented business.

MAINSTREAM MEDIA OUTLETS

Any video store, bookstore or a newsstand that carries more than ten percent (10%) sexually oriented material but less than thirty percent (30%).

MANAGER

Any person who manages, directs, administers or is in charge of the affairs and for conduct of any portion of any activity involving adult entertainment occurring at any sexually oriented business.

MATERIAL

Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects.

MEDIA OUTLETS

Any video store, bookstore or a newsstand that carries ten percent (10%) sexually oriented material or less.

MINOR

Any person less than eighteen (18) years of age.

NUDITY or STATE OF NUDITY

The showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola.

OBSCENITY or OBSCENE

Any material or performance is obscene if, taken as a whole:

1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and

2. The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and

3. A reasonable person would find the material lacks serious literary, artistic, political or scientific value.

OPAQUE COVERING

Non-transparent clothing or other similar object or substance. This term does not include body paint, body dyes, tattoos, liquid latex, whether wet or dried, and other similar substances.

OPERATOR

Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business.

PERFORMANCE

Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.

PREMISES

The real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both.

REGULARLY

The consistent and repeated doing of the act so described.

SADOMASOCHISTIC ABUSE

Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

SEMI-NUDE MODEL STUDIO

A place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

SEMI-NUDE or STATE OF SEMI-NUDITY

The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

SEXUAL CONDUCT

Actual or simulated, normal or perverted acts of human masturbation; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one (1) of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is semi-nude.

SEXUAL INTERCOURSE

Any penetration, however slight, of the female genitalia by the penis. Sexual intercourse also includes any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.

SEXUALLY ORIENTED BUSINESS

1. An adult bookstore or adult video store.

2. An adult cabaret.

3. An adult motion picture theater.

4. A semi-nude model studio.

5. A sexual encounter center.

SEXUALLY ORIENTED MATERIALS

Magazines, books, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, other visual representations, or other devices used to record computer images or other media which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.

SPECIFIED ANATOMICAL AREA

1. Less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITY

Includes any of the following:

1. Intercourse, oral copulation, masturbation, or sodomy; or

2. Excretory functions as a part of or in connection with any of the activities described in Subsection (1) above.

SUBSTANTIAL

At least thirty percent (30%) of the item or items so modified.

VIEWING ROOM

The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching sexually oriented materials.

C. Massage Businesses. Only massage businesses that are defined in and regulated by Chapter 324, RSMo., will be allowed in the City.

D. Location Of Sexually Oriented Businesses. No sexually oriented business shall be located or situated at a distance of less than one thousand (1,000) feet of any preexisting primary or secondary school, State-licensed day care facility, church or house of worship, public library, hospital, public park, any property used for residential purposes, or other sexually oriented business. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, State-licensed day care facility, church or house of worship, public library, hospital, public park, any property used for residential purposes, or other sexually oriented business.

E. Standards For Physical Design Of The Premises.

1. The premises of all sexually oriented businesses will be so constructed as to include a foyer, partition or other physical barrier on all customer entrances that will ensure the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.

2. There must be continuous physical, video or window surveillance of the premises.

3. Lighting Required. The premises of all sexually oriented business shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level and such illumination must be maintained at all times that any customer or patron is present in or upon the premises. All exterior lighting shall comply with Section 415.450 of the Municipal Code.

4. The business must provide restrooms for customer use.

F. Signage And Parking Requirements. Sign regulations are set forth in Section 415.420, Sign Regulations for All "C" and "M" Districts, of this Chapter and off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 of the Municipal Code.

Section 415.600 Supplementary Regulations For Agricultural And Aquacultural Operations.

[R.O. 1997 § 415.600; Ord. No. 2264, 5-22-2017]

A. The owner and operator of any machinery or equipment used as part of an agricultural operation and which emits a continuous sound shall ensure that the operation of the machinery or equipment does not result in an increase in the noise level above the ambient noise level, as defined in Section 217.020 of the City Code of the City of Wildwood, at or beyond all boundary lines of the lot on which the machinery or equipment is located. The owner and operator shall construct and install such machinery, equipment or structures necessary to comply with this Section, including but not limited to a cover, enclosure, muffler, berm, landscaping, fencing, or some combination thereof. Prior to operating any machinery or equipment used as part of an agricultural operation and which emits a continuous sound, the owner and operator must submit a sound study to the City outlining which measures will be taken to ensure compliance with this Section.

B. Conditional Uses.

1. On any lot, which is used for aquaculture on the effective date of this Section, the following are prohibited without obtaining a conditional use permit from the City:

a. Any other use of any kind on the lot, including accessory uses;

b. Expansion of the area used for aquaculture;

c. Installation, construction, reconstruction, or replacement of any structures used for aquaculture; or

d. An increase in the number of aquatic organisms held, grown or harvested on the lot.

2. Undertaking any of the activities in this Subsection (B) without first obtaining a conditional use permit will result in the forfeiture of any non-conforming use for aquaculture; provided, however, nothing in this Subsection (B) shall prohibit the installation, construction, reconstruction or replacement of any structures otherwise complying with the provision of this Code when the Department of Planning determines that such installation, construction, reconstruction or replacement is performed for the purpose of complying with Section 217.050 of this Code.

C. No conditional use permit for any of the activities in Subsection (B) shall be approved by the City, if aquaculture is not a permitted or conditional use in the underlying zoning district in which such lot is located.

Section 415.610 Supplementary Regulations Of Medical Marijuana Facilities.

[Ord. No. 2499, 9-23-2019]

A. Definition. For purposes of this Section 415.610, "then-existing" shall mean any building that is occupied by, or for which a building permit has been issued and which will be used as, an elementary or secondary school, day nursery, nursery school, or church at the time an individual or entity applies for a conditional use permit to operate a medical marijuana facility.

B. Siting. No medical marijuana facility shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, day nursery, nursery school, or church. This distance shall be measured in a straight line from the exterior of the building, or portion thereof, in which the medical marijuana facility operates to the nearest exterior of the building, or portion thereof, in which the elementary or secondary school, day nursery, nursery school, or church operates.

C. Outdoor Operations or Storage. No medical marijuana dispensary, medical marijuana-infused products manufacturing facility, or marijuana testing facility may store or display marijuana or marijuana-infused products outside of an enclosed building.

D. Conditional Use Permit (CUP) Required for all Aspects. Any medical marijuana facility, which shall be interpreted to include all associated activities therein, as defined herein, while being consistent with State codes, regulations, and laws, that is located within the City of Wildwood, Missouri, shall be required to apply for a conditional use permit (CUP) from the Planning and Zoning Commission, per the requirements set forth in Section 415.500, Conditional Use Permit Procedure.

E. Requirements Associated with a Granted Conditional Use Permit. As noted above in Section 415.610D, the following restrictions shall apply and be made a part thereof of any granted conditional use permit (CUP) by the Planning and Zoning Commission and/or City Council, where determined appropriate and applicable to the specific request:

1. Zoning Components.

a. The conditional use permit (CUP) can only be authorized within a M-1 Industrial District or M-3 Planned Industrial District for these defined facilities. All medical marijuana facilities may only be considered within the industrial area of the City of Wildwood, per the Conceptual Land Use Categories Map of the Master Plan.

b. The site would not be allowed to have more than one (1) wall-type sign, not to exceed thirty (30) square feet, and must be reviewed and acted upon by the City's Architectural Review Board and the City Council.

c. The site would have to meet the State's 1,000-foot rule regarding any school, place of worship, or day-care center.

d. The exterior building lighting and parking area of the facility shall comply with the City's outdoor lighting requirements of the Zoning Ordinance.

e. The facility shall not sell to customers who are in cars or who consume the sold products in cars parked on the facility, nor shall it sell products through a sales window, to customers who are in cars, for the immediate consumption by the customer either on or off the premises.

f. The facility's hours of operation shall be limited to 10:00 a.m. to 8:00 p.m., Sunday through Saturday.

g. The windows and doors of the facility shall not be covered by boards, mesh, grates, materials or coverings of any kind, except proper blinds and curtains.

h. The display and sales of the plant shall occur within an enclosed building and shall not be visible from the exterior of the building.

2. Operating Components.

a. The operator of the site would be required to provide the same reporting to the City of Wildwood, as to the State of Missouri.

b. The operator of the facility would be required to provide a security plan for review and acceptance by the St. Louis County Police Department, Wildwood Precinct.

c. The facility shall be monitored at all times by an Internet-based closed circuit television for security purposes. The camera and recording system shall be of adequate quality, color rendition, and resolution to allow the ready identification of any individual anywhere on or adjacent to the facility.

d. The facility shall have a fireproof vault or safe that is incorporated into and securely attached to the building structure for the purpose of securely storing cash and any processed marijuana.

e. No person or facility shall dispose of the processed plant in an unsecured waste receptacle not in possession and control of the licensee and designed to prohibit unauthorized access.

f. The facility shall display its State-issued license on the interior of the facility, visible to the public, at all times.

g. The facility shall not allow on-site consumption of marijuana or marijuana-infused products on the premises at any given time.

h. The facility shall display a sign on the interior of the facility indicating that a patient identification card or primary caregiver identification card, issued from the Missouri Department of Health and Senior Services, is required and must be presented to purchase products.

Section 415.620 Small Cell Technology Regulations.

[Ord. No. 2525, 11-25-2019]

A. Applicability. To the extent permitted by law, this Chapter shall apply to all Persons desiring to construct, operate, or maintain Small Wireless Facilities within the City.

B. Definitions.

1. Definitions And Usage — General. For the purposes of this Chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the future tense and vice versa, words in the plural number include the singular number, and vice versa, and masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in Sections 67.5110 — 67.5121, RSMo., and if not defined therein, the City Code, and, if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words, and abbreviations defined in this Chapter have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meaning thereof.

ANTENNA

Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

APPLICABLE CODES

Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes enacted to prevent physical property damage or reasonably foreseeable injury to persons.

APPLICANT

Any person who submits an application and is a wireless provider.

APPLICATION

A request submitted by an applicant to an authority for a permit to collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole.

COLLOCATE or COLLOCATION

To install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole.

DECORATIVE POLE

An authority pole that is specially designed and placed for aesthetic purposes.

FEE

A one-time, non-recurring charge.

PERMIT

A written authorization required by an authority to perform an action or initiate, continue, or complete a project.

RATE

A recurring charge.

RIGHT-OF-WAY

The area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a Federal interstate highway, railroad right-of-way, or private easement.

SMALL WIRELESS FACILITY

A wireless facility that meets both of the following qualifications:

(1) Each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and

(2) All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility. The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services.

UTILITY POLE

A pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities; provided, however, such term shall not include wireless support structures, electric transmission structures, or breakaway poles owned by the State Highways and Transportation Commission.

WIRELESS FACILITY

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include:

(1) The structure or improvements on, under, or within which the equipment is collocated;

(2) Coaxial or fiber-optic cable between wireless support structures or utility poles;

(3) Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or

(4) A wireline backhaul facility.

WIRELESS INFRASTRUCTURE PROVIDER

Any person, including a person authorized to provide telecommunications service in the State, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider.

WIRELESS PROVIDER

A wireless infrastructure provider or a wireless services provider.

WIRELESS SERVICES

Any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities.

WIRELESS SERVICES PROVIDER

A person who provides wireless services.

WIRELESS SUPPORT STRUCTURE

An existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities, other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole.

C. General Standards.

1. The City will not enter into an exclusive arrangement with a Wireless Provider or any other person for use or management of the Right-of-Way for the Collocation of Small Wireless Facilities or the installation, operation, marketing, modification, maintenance, management or replacement of Utility Poles.

2. The City will not allow an exclusive arrangement with any person for the right to attach to City poles in the Right-of-Way.

3. No Wireless Provider shall have the power of eminent domain with respect to Small Wireless Facilities.

4. The City, in applying the provisions of this Chapter, will act in a competitively neutral manner with regard to other users of the Right-of-Way.

5. Nothing in this Chapter will limit the ability of the City to require an Applicant to obtain one (1) or more permits of general applicability in addition to the Permit required by this Chapter in order to Collocate a Small Wireless Facility or install a new, modified, or replacement Utility Pole associated with a Small Wireless Facility.

6. The City may require a Permit under this Chapter, with reasonable conditions, for work in a Right-of-Way that will involve excavation, affect traffic patterns, obstruct traffic in the Right-of-Way, or materially impede the use of a sidewalk.

7. The Department of Planning may specify and require a Small Wireless Facility to comply with reasonable, objective, and cost-effective concealment or safety requirements.

8. The City may require reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures for Small Wireless Facilities or Utility Poles placed in a historic district.

9. The City may require, upon adequate notice and at the facility owner's own expense, relocation of facilities as may be needed in the interest of public safety and convenience.

10. Except as otherwise provided in this Chapter, the City will exercise zoning, land use, planning, and permitting authority within its territorial boundaries, including with respect to Wireless Support Structures and Utility Poles.

11. Nothing in this Chapter shall be interpreted to impose any new requirements on cable providers for the provision of such service.

12. Nothing in this Chapter shall nullify, modify, amend, or prohibit a mutual agreement between the City and a Wireless Provider made prior to August 28, 2018.

13. Any renewal or extension of such a mutual agreement after August 28, 2018, shall comply with the terms of this Chapter.

14. Any Small Wireless Facilities and Utility Poles that become operational or were constructed before August 28, 2018, may remain installed and be operated under the requirements of this Chapter.

D. Permitting Provisions.

1. Permit Requirements — Inside The Right-Of-Way. Any Person desiring to construct Small Wireless Facilities in the Right-of-Way must first apply for and obtain a Permit, in addition to any other permit, license, or authorization required by Applicable Code.

a. The Collocation of Small Wireless Facilities and the installation, maintenance, modification, operation, and replacement of Utility Poles along, across, upon, and under the Right-of-Way is a permitted use not subject to zoning review or approval.

b. The placement of new or modified Utility Poles in single-family residential areas or in areas zoned as historic as of August 28, 2018, remains subject to any applicable zoning requirements.

2. Permit Requirements — Outside The Right-Of-Way.

a. The Collocation of Small Wireless Facilities in property not zoned primarily for single-family residential use is a permitted use and not subject to zoning review or approval.

b. The City will allow Collocation of Small Wireless Facilities on City Wireless Support Structures and City poles to the same extent, if any, that it allows access to such structures for other commercial projects or uses. Any such Collocations shall be subject to reasonable and non-discriminatory rates, fees, and terms as provided in an agreement between the City and the Wireless Provider, and not otherwise governed by this Chapter.

c. Any exclusive agreement between the City and a Wireless Provider concerning City poles or City Wireless Support Structures, including stadiums and enclosed arenas, must include the following requirements:

(1) If the Wireless Provider provides service using a shared network of Wireless Facilities, it must make that shared network available for access by other Wireless Providers on reasonable and non-discriminatory rates and terms that shall include use of the entire shared network, as to itself, an affiliate, or any other entity; or,

(2) The Wireless Provider must allow other Wireless Providers to Collocate Small Wireless Facilities on reasonable and non-discriminatory rates and terms, as to itself, an affiliate, or any other entity.

3. Permit Requirements — Small Wireless Facilities And Utility Poles.

a. Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to obstruct or hinder the usual travel or public safety within Right-of-Way or obstruct the legal use of the Right-of-Way by the City or other authorized Right-of-Way users.

b. Each new, replacement, or modified Utility Pole installed in the Right-of-Way shall not exceed the greater of ten (10) feet in height above the tallest existing Utility Pole in place as of January 1, 2109, located within five hundred (500) feet of the new Utility Pole in the same Right-of-Way, or fifty (50) feet above ground level.

c. New Small Wireless Facilities in the Right-of-Way shall not extend more than ten (10) feet above an existing Utility Pole in place as of August 28, 2018.

d. Small Wireless Facilities on a new Utility Pole shall not extend above the height permitted for a new Utility Pole in Subsection (D)(3)(b) above.

e. A new, modified, or replacement Utility Pole that exceeds these height limits shall be subject to any applicable zoning requirements that apply to other Utility Poles.

f. A Wireless Provider shall be permitted to replace Decorative Poles when necessary to Collocate a Small Wireless Facility, but any replacement pole shall reasonably conform to the design aesthetics of the Decorative Pole or Poles being replaced.

g. The City may require replacement of a City pole on a non-discriminatory basis for reasons of safety and reliability, including a demonstration that the Collocation would make the City pole structurally unsound.

4. Permit Process.

a. All applications for Permits shall be submitted to Department of Planning. The Department of Planning shall design and make available a standard Application form, consistent with the provisions of this Chapter, to accomplish the purposes of this Chapter. An Applicant shall not be required to provide more information to obtain a Permit under this Chapter than other communications service providers that are not Wireless Providers.

b. An Application for a Permit shall include the following:

(1) Construction and engineering drawings;

(2) An attestation that the Small Wireless Facility complies with the volumetric limitations in the definition of Small Wireless Facility;

(3) Applicable indemnity, insurance, performance bond information required in Subsection (F);

(4) An Applicant that is not a Wireless Services Provider must provide evidence of agreements or plans demonstrating that the Small Wireless Facilities will be operational for use by a Wireless Services Provider within one (1) year after the permit issuance date, unless the City and the Applicant agree to extend this period or if delay is caused by lack of commercial power or communications transport facilities to the site and the Applicant notifies the City thereof. An Applicant that is a Wireless Services Provider must provide this information by attestation.

(5) Plans and detailed cost estimates for any make-ready work as needed.

(6) The Applicant shall be solely responsible for the cost of any make ready work.

(7) Each Permit shall include projected commencement and termination dates of installation or, if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to provide the Department of Planning with reasonable advance notice of such dates once they are determined.

5. Fees And Rates. Each such Application shall be accompanied by payment of fees as designated in this Chapter.

a. General.

(1) Any fees collected pursuant to this Section will be used only to reimburse the City for its actual incurred costs and will not be used to generate revenue to the City above such costs.

(2) The City may not require or accept in-kind services in lieu of any fee.

(3) The rates to Collocate on City poles shall be non-discriminatory regardless of the services provided by the Collocating Applicant.

b. Application Fee.

(1) The total fee for an Application for the Collocation of a Small Wireless Facility on an existing City pole is one hundred dollars ($100.00) per Small Wireless Facility.

(2) An Applicant filing a consolidated Application shall pay one hundred dollars ($100.00) per Small Wireless Facility included in the consolidated Application. [Cannot exceed one hundred dollars ($100.00) per Small Wireless Facility included in the consolidated Application.]

(3) The total fee for an Application for the installation, modification, or replacement of a Utility Pole and the Collocation of an associated Small Wireless Facility is five hundred dollars ($500.00) per Utility Pole. [Cannot exceed five hundred dollars ($500.00) per pole.]

c. Collocation Rate.

(1) The rate for Collocation of a Small Wireless Facility to a City pole is one hundred fifty dollars ($150.00) per City pole per year. [Cannot exceed one hundred fifty dollars ($150.00) per pole per year.]

d. Right-of-Way Permit Fee.

(1) The total fee for a Right-of-Way permit associated with the installation of Small Cell Wireless Facilities in the Right-of-Way is [established under Section 67.1840, RSMo., for the recovery of actual, substantiated right-of-way management costs or as otherwise authorized under Section 229.340, RSMo.; competitively neutral with regard to other uses of the Right-of-Way; cannot result in double recovery where existing charges already recover the direct and actual costs of managing the right-of-way].

6. Timing For Processing Of An Application.

a. Within fifteen (15) days of receiving an Application, the City shall determine and notify the Applicant in writing whether the Application is complete. If an Application is incomplete, the City shall specifically identify the missing information in writing.

b. The City shall process and approve or deny an Application for Collocation of a Small Wireless Facility within forty-five (45) days.

c. The City shall process and approve or deny an Application for installation of a new, modified, or replacement Utility Pole associated with a Small Wireless Facility within sixty (60) days.

d. An Applicant may file a consolidated Application and receive a single Permit for the Collocation of multiple Small Wireless Facilities.

(1) An Application may include up to twenty (20) separate Small Wireless Facilities, provided that they are for the same or materially same design of Small Wireless Facility being Collocated on the same or materially the same type of Utility Pole or Wireless Support Structure, and geographically proximate.

(2) If the City receives individual Applications for approval of more than fifty (50) Small Wireless Facilities or consolidated Applications for approval of more than seventy-five (75) Small Wireless Facilities within a fourteen-day period, whether from a single Applicant or multiple Applicants, the City may, upon its own request, obtain an automatic thirty-day extension for any additional Collocation or replacement or installation Application submitted during that fourteen-day period or in the fourteen-day period immediately following the prior fourteen-day period. The City will promptly communicate its request to each and any affected Applicant.

(3) The denial of one (1) or more Small Wireless Facilities in a consolidated Application shall not delay processing of any other Small Wireless Facilities in the same batch.

e. The City shall provide a good faith estimate for any make-ready work necessary to enable a pole to support the requested Collocation by a Wireless Provider, including pole replacement if necessary, within sixty (60) days after receipt of a complete Application. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of written acceptance of the good faith estimate and advance payment, if required, by the Applicant.

f. An Application that is not acted on within the specified time period is deemed approved.

g. For any Application denied:

(1) The City shall document the complete basis for a denial in writing, and send the documentation to the Applicant on or before the day the City denies the Application.

(2) The Applicant may cure the deficiencies identified by the City and resubmit the Application within thirty (30) days of the denial without paying an additional application fee.

(3) The City shall approve or deny the revised Application within thirty (30) days. Any subsequent review shall be limited to the deficiencies cited in the denial.

h. The City will not institute, either expressly or de facto, a moratorium on filing, receiving, or processing Applications or issuing Permits or other approvals, if any, for the Collocation of Small Wireless Facilities or the installation, modification, or replacement of Utility Poles to support Small Wireless Facilities.

(1) The City may impose a temporary moratorium on Applications for Small Wireless Facilities and the Collocation thereof for no more than thirty (30) days in the event of a major and protracted staffing shortage that reduces the number of personnel necessary to receive, review, process, and approve or deny applications for the Collocation of Small Wireless Facilities by more than fifty percent (50%).

7. Denial Of An Application. The City may deny an Application if the action proposed in the Application could reasonably be expected to:

a. Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;

b. Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;

c. Materially interfere with compliance with the Americans with Disabilities Act, or similar Federal or State standards regarding pedestrian access or movement;

d. Materially obstruct or hinder the usual travel or public safety on the Right-of-Way;

e. Materially obstruct the legal use of the Right-of-Way by the City, utility, or other third party;

f. Fail to comply with Applicable Codes, including nationally recognized engineering standards for Utility Poles or Wireless Support Structures;

g. Fail to comply with the reasonably objective and documented aesthetics of a decorative pole and the applicant does not agree to pay to match the applicable decorative elements; or,

h. Fail to comply with reasonable and non-discriminatory undergrounding requirements contained in City ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing Utility Poles in a Right-of-Way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such Utility Poles and do not prohibit the replacement or modification of existing Utility Poles consistent with applicable law or the provision of Wireless Services.

8. Approval Of An Application.

a. The Department of Planning shall review each Application for a Permit and, upon determining that the Applicant has submitted all necessary information and has paid the appropriate Fee, shall issue the Permit, except as provided in Subsection (D).

b. If the City approves an Application, the Applicant is authorized to:

(1) Undertake the installation or Collocation;

(2) Operate and maintain the Small Wireless Facilities and any associated Utility Pole covered by the Permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as they are in compliance with this Chapter.

(3) In determining whether sufficient capacity exists to accommodate the attachment of a new Small Wireless Facility, the City may approve a Permit subject to a reservation to reclaim such space, when and if needed, to meet the pole owner's core utility purpose or documented City plan projected at the time of the Application.

9. No Application Required. No Application is required for:

a. Routine maintenance on previously permitted Small Wireless Facilities;

b. The replacement of Small Wireless Facilities with Small Wireless Facilities that are the same or smaller in size, weight, and height; or

c. The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between utility poles, in compliance with Applicable Codes.

d. The City may require a description of any new equipment installed so that the City may maintain an accurate inventory of the Small Wireless Facilities at a particular location.

E. Construction Standards.

1. The construction, operation, maintenance, and repair of Small Wireless Facilities shall be in accordance with Applicable Codes.

2. All Small Wireless Facilities shall be installed and located with due regard for minimizing interference with the public and with other users of a Right-of-Way, including the City.

3. An Applicant shall not place Small Wireless Facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the residents and businesses in the City of their use of any Rights-of-way.

4. Any and all Rights-of-way disturbed or damaged during the Small Wireless Facilities work shall be promptly repaired or replaced by the Applicant to its previous condition.

5. Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.

6. Each Wireless Infrastructure Provider, contractor or subcontractor shall have the same obligations with respect to its work as Wireless Services Provider would have hereunder and applicable laws if the work were performed by the Wireless Services Provider. The Wireless Services Provider shall be responsible for ensuring that the work of Wireless Infrastructure Providers, contractors or subcontractors is performed consistent with their Permits and applicable law, shall be fully responsible for all acts or omissions of any Wireless Infrastructure Provider, contractor or subcontractor, and shall be responsible for promptly correcting any acts or omissions by a Wireless Infrastructure Provider, contractor or subcontractor.

F. Indemnity, Insurance, Performance Bond.

1. Indemnity.

a. Wireless Providers shall indemnify and hold the City, its officers and employees harmless against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors.

2. Insurance.

a. As part of the Permit process, a Wireless Provider must provide proof of liability insurance coverage against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors.

b. In the alternative, a Wireless Provider must demonstrate that it has in effect a comparable self-insurance program.

3. Performance Bond.

a. As part of the Permit process, a Wireless Provider must post a performance bond of one thousand five hundred dollars ($1,500.00) per Small Wireless Facility. [Not to exceed one thousand five hundred dollars ($1,500.00) per Small Wireless Facility; the total bond amount across all facilities cannot exceed seventy-five thousand dollars ($75,000.00)]

b. The purpose of the performance bond is to:

(1) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that the City determines need to be removed to protect public health, safety, or welfare;

(2) Restore the right-of-way in connection with removals;

(3) Recoup rates or fees that have not been paid by a Wireless Provider in over twelve (12) months, provided the Wireless Provider has had notice and an opportunity to cure.

c. Upon completion of the work associated with the facilities, to the satisfaction of the Department of Planning, the Director of Planning shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the Department of Planning considering the nature of the work performed.

d. Recovery by the City of any amounts under the performance bond or otherwise does not limit an Applicant's duty to indemnify the City in any way, nor shall such recovery relieve an Applicant of its obligations under a Permit or reduce the amounts owed to the City other than by the amounts recovered by the City under the performance bond, or in any respect prevent the City from exercising any other right or remedy it may have.

4. Exemption.

a. Applicants that have at least twenty-five million dollars ($25,000,000.00) in assets in the State and do not have a history of permitting non-compliance within the City's jurisdiction shall be exempt from the insurance and bonding requirements otherwise authorized by this Section.

G. Miscellaneous Provisions.

1. Compliance With Laws. Each Applicant shall comply with all applicable City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established.

2. Franchises Not Superseded. Nothing herein relieves the City from any obligations under an existing franchise. Nothing herein shall be deemed to relieve an Applicant of the provisions of an existing franchise, license or other agreement or permit.

3. Rights And Remedies.

a. The exercise of one (1) remedy under this Chapter shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an Applicant of its obligations to comply with its Permits. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity.

b. The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Chapter.

c. No Applicant shall be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the City to enforce prompt compliance.

4. Incorporation By Reference. Any Permit granted pursuant to this Chapter shall by implication include a provision that shall incorporate by reference this Chapter into such Permit as fully as if copied therein verbatim.

5. Force Majeure. An Applicant shall not be deemed in violation of provisions of this Chapter where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond the Applicant's control, and a Permit shall not be revoked or an Applicant penalized for such non-compliance, provided that the Applicant takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its Permit without unduly endangering the health, safety, and integrity of the Applicant's employees or property, the public, Right-of-Way, public property, or private property.

a. The City may institute and may impose a temporary moratorium on Applications for Small Wireless Facilities and the Collocation thereof for the duration of a Federal or State-declared natural disaster plus a reasonable recovery period.

b. In emergency circumstances that result from a natural disaster or accident, the City may require the owner or operator of a Wireless Facility to immediately remove such facility if the Wireless Facility is obstructing traffic or causing a hazard on a City roadway. In the event that the owner or operator of the Wireless Facility is unable to immediately remove the Wireless Facility, the City may remove the Wireless Facility from the roadway or other position that renders the Wireless Facility hazardous. Under these emergency circumstances, the City shall not be liable for any damage caused by removing the Wireless Facility and may charge the owner or operator of the Wireless Facility the City's reasonable expenses incurred in removing the Wireless Facility.

6. Calculation Of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Chapter or any Permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

7. Severability. If any term, condition, or provision of this Chapter shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision that has been held invalid is no longer invalid, said provisions shall there upon return to full force and effect without further action by the City and shall thereafter be binding on the Applicant and the City.

H. Annexation. The provisions hereof shall specifically apply to any lands or property annexed as the date of such annexation.

I. Relocation Of Facilities. Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other City-owned underground or above ground structure it is deemed necessary by the City to move, alter, change, adapt, or conform the underground or above ground facilities of a Wireless Provider, the Wireless Provider shall make the alterations or changes, on alternative Right-of-Way provided by the City, if available, as soon as practicable after being so ordered, in writing, by the City without claim for reimbursement or damages against the City.

J. Standards Applicable To City. Any standards in this Chapter relating to Small Wireless Facilities shall be fully applicable to work performed by the City and its departments.

K. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the City or requirements thereof, whether or not relating to or in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter.