City of Wildwood, MO Zoning Regulations

[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]

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.

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.

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.

ADMINISTER

The direct application of marijuana by any one (1) of the following methods:

[Ord. No. 2868, 4-8-2024]

Ingestion of capsules, teas, oils, and other marijuana-infused products;

Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and other marijuana-infused products;

Application of ointments or balms;

Transdermal patches and suppositories;

Consuming marijuana-infused food products; or

Any other method recommended by a qualifying patient's physician or nurse practitioner.

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.

[Ord. No. 2819, 9-11-2023]

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.

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 home occupations or home-based work, 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.

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 Wild wood Municipal Code.

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.

COMPREHENSIVE FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

[Ord. No. 2868, 4-8-2024]

COMPREHENSIVE MARIJUANA CULTIVATION FACILITY

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

[Ord. No. 2868, 4-8-2024]

COMPREHENSIVE MARIJUANA DISPENSARY FACILITY

A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided in Article XIV, Sections 1 and 2 of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations in Article XIV, Sections 1 and 2 of the Missouri Constitution and this Section and otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical marijuana facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary facility directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

[Ord. No. 2868, 4-8-2024]

COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by DHSS to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

[Ord. No. 2868, 4-8-2024]

CONSUMER

For purposes of marijuana regulations, a person who is at least twenty-one (21) years of age.

[Ord. No. 2868, 4-8-2024]

CONSUMER CULTIVATION IDENTIFICATION CARD

An identification card authorized pursuant to Article XIV, Section 2, of the Missouri Constitution, issued by DHSS, allowing the holder to cultivate nonmedical marijuana in amounts and in secure manners only to the extent authorized by applicable law.

[Ord. No. 2868, 4-8-2024]

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.

CULTIVATION

As related to activity authorized pursuant to Article XIV, Sections 1 and 2, as applicable, of the Missouri Constitution and all rules and regulations issued by DHSS, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.

[Ord. No. 2868, 4-8-2024]

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.

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

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:

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

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-BASED WORK

Any lawful occupation performed by a resident within a dwelling unit or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the building or structure, nor adversely affect the character of the surrounding neighborhood.

[Ord. No. 2819, 9-11-2023]

HOME OCCUPATION

Home-based work, the conduct of which fails to comply with the requirements of Section 415.380(W).

[Ord. No. 2718, 8-8-2022; Ord. No. 2819, 9-11-2023]

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.

INDUSTRIAL HEMP

Shall have the same meaning as set forth in Section 195.010, RSMo., as amended.

[Ord. No. 2868, 4-8-2024]

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 marijuana plant and marijuana-infused products. Marijuana does not include industrial hemp, or commodities or products manufactured from industrial hemp.

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

MARIJUANA FACILITY

A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, and any other type of marijuana related facility or business licensed or certified by the DHSS, but shall not include a medical marijuana facility licensed by the DHSS.

[Ord. No. 2868, 4-8-2024]

MARIJUANA-INFUSED PRODUCTS

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

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

MARIJUANA TESTING FACILITY

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

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

MATERIAL IMPROVEMENT

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:

Before the improvement or repair is started; or

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

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:

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

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, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana pursuant to the terms of the Code of Ordinances of the City of Wildwood and Article XIV, Section 1 of the Missouri Constitution, to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility. These dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

MEDICAL MARIJUANA FACILITY

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

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by DHSS to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]

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.

MICROBUSINESS DISPENSARY FACILITY

A facility licensed by DHSS to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided pursuant to the terms of Article XIV, Sections 1 and 2 of the Missouri Constitution to a consumer, qualifying patient, or primary caregiver, as those terms are defined in this Section, anywhere on the licensed property or to any address directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of Article XIV, Sections 1 and 2 and this Section and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.

[Ord. No. 2868, 4-8-2024]

MICROBUSINESS WHOLESALE FACILITY

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

[Ord. No. 2868, 4-8-2024]

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.

PREROLL

A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or base at the product.

[Ord. No. 2868, 4-8-2024]

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:

Ordinarily found within the neighborhood;

Compatible in design, size and location; and

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.

QUALIFYING PATIENT CULTIVATION IDENTIFICATION CARD

An identification card, authorized by Article XIV, Section 1 of the Missouri Constitution, issued DHSS allowing the holder to cultivate medical marijuana in amounts and in secure manners only to the extent authorized by applicable law.

[Ord. No. 2868, 4-8-2024]

RESIDENCE

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

RESTAURANT

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

Consumption on the premises;

Carry-out;

Delivery or any combination thereof.

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

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

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.

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

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"

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.

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.

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

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.

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.

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.

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

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.

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:

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

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

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;

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

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

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

Purpose And Intent.

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.

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.

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.

Scope Of Provisions.

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.

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.

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

Boat docks for other than commercial or industrial use.

Farming.

Hunting, fishing and propagation of wildlife.

Local public utility facilities:

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.

Public parks.

Scenic areas.

Swimming pools.

Wildlife refuge.

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.

Golf courses.

Outdoor archery ranges.

Public utility facilities.

Railroad tracks and associated structures.

Recreational uses such as athletic fields and picnic grounds.

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:

Towed vehicle storage yards.

Open storage, not including salvage yards or junk yards.

(Reserved)

Miniature golf courses and golf driving ranges.

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:

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

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.

Accessory uses in this district do not include residences.

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.

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]

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:

Minimum Lot Area Requirement.

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

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.

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.

Specific Yard Requirements And Exceptions.

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.

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

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

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.

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

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.

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

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

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:

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.

Flood Protection Plan.

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.

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.

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.

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:

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.

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.

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.

Effect Of Plan Approval.

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.

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.

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.

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

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.

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

Fire stations.

Historic sites and buildings.

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.

Public parks and parkways.

Wildlife habitats and fish hatcheries.

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

Cemeteries and mausoleums.

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

Government and civic buildings.

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

Restaurants and other dining facilities.

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

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

Local public utility facilities:

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.

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:

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

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

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.

Signs (directional and information).

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.

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

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

Specific Yard Requirements And Exceptions.

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.

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

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

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

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

[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]

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.

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

Churches.

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.

Dairy farming.

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

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

(Reserved)

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

Forests, wildlife reservations, as well as conservation projects.

(Reserved)

Home-based work.

[Ord. No. 2819, 9-11-2023]

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.

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:

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]

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]

Short-term rentals.

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

(Reserved)[2]

[2]

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

Cemeteries, including mortuaries operated in conjunction with the cemetery.

Child-care centers, nursery schools and day nurseries.

Clubs, private not-for-profit.

Aquaculture.

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

(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).

[Ord. No. 2819, 9-11-2023]

18.

Large water features.

19.

Local public utility facilities:

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.

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.

(Reserved)[5]

[5]

Editor's Note: Former Subsection (C)(35a), regarding solar panels, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2028. See now Section 415.630, Solar Energy System Regulations.

35b.

(Reserved)[6]

[6]

Editor's Note: Former Subsection (C)(35b), regarding solar farms, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2588. See now Section 415.630, Solar Energy System Regulations.

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]

Accessory Land Uses And Developments.

(Reserved)[7]

[7]

Editor's Note: Former Subsection (D)(1)(a), regarding devices for the generation of energy, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2028; and Ord. No. 2562. See now Section 415.630, Solar Energy System Regulations.

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.

Private stables.

Signs (business, directional and information).

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:

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.

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.

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.

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.

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.

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:

Minimum Lot Area Requirements.

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

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.

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).

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.

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.

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.

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.

Minimum Yard Requirements — General.

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

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.

Specific Yard Requirements And Exceptions.

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.

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.

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

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

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

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.

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.

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.

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.

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

Maximum Height And Minimum Yard Requirements For Nursing Homes.

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.

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

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.

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

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.

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.

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

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

Home Occupations Authorized By A Conditional Use Permit.

[Ord. No. 2819, 9-11-2023]

A home occupation may be authorized by a conditional use permit when such property use will not cause harm to nearby properties.

Any home occupation 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; employee of the authorized home occupation shall be other than a family member who resides on the premises; no signs shall be authorized in conjunction with the home occupation; no more than two (2) customers or clients may visit the business at any given time and no more than five (5) per day in total; and patron hours of operation where customers or clients may visit the premises shall be limited to 7:00 A.M. to 9:00 P.M. Monday through Friday; 9:00 A.M. to 1:00 P.M. on Saturdays; and no hours on Sundays. Patrons shall include customers, clients, delivery persons, and suppliers. Other restrictions may be placed upon the use of the property as a home occupation as part of the approval of the conditional use permit.

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.

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 Section 415.250, Zoning Performance Standards Regulations, of the City of Wildwood's Zoning Code.

The home occupation authorized on the property shall provide adequate off-street parking for patrons 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.

The operator of any permitted home occupation must prove, establish and maintain permanent residency (domicile) in the principal (primary) structure at all times during its use for this activity.

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.

Nothing herein shall be interpreted to require a conditional use permit for home-based work.

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:

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.

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.

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.

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.

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.

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.

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]

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:

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.

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.

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.

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.

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.

[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.

[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]

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.

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

Churches.

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.

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

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

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

Forests and wildlife reservations as well as conservation projects.

(Reserved)

Home-based work.

[Ord. No. 2819, 9-11-2023]

Libraries, public or private not-for-profit.

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

10.

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

11.

Administrative offices and educational facilities for religious purposes.

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

Adult day care.

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

2a.

Aquaculture.

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

(Reserved)[1]

[1]

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

Child-care centers, nursery schools and day nurseries.

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

Dairy farms.

(Reserved)

Foster homes for handicapped children.

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:

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.

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.

(Reserved)[4]

[4]

Editor's Note: Former Subsection (C)(24a), regarding solar panels, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2028. See now Section 415.630, Solar Energy System Regulations.

25.

Specialized private schools.

26.

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

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

(Reserved)[5]

[5]

Editor's Note: Former Subsection (D)(1), regarding devices for the generation of energy, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2028; and Ord. No. 2562. See now Section 415.630, Solar Energy System Regulations.

Private stables.

Signs (business, directional and information).

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

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

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

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

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.

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]

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.

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.

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.

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:

Minimum Lot Area Requirements.

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

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.

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.

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.

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).

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.

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

Minimum Yard Requirements — General.

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

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

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

Specific Yard Regulations And Exceptions.

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.

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

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

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

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.

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.

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

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

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

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

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.

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

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.

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

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

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

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:

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.

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.

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 home-based work.

[Ord. No. 2718, 8-8-2022; Ord. No. 2819, 9-11-2023]

[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]

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.

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

Churches.

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

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

Forests and wildlife reservations, as well as conservation projects.

(Reserved)

Home-based work.

[Ord. No. 2819, 9-11-2023]

Libraries, public or private not-for-profit.

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

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

Child-care centers, nursery schools and day nurseries.

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

Foster homes for handicapped children.

(Reserved)

(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.

Group homes for the elderly.

Large water features.

Local public utility facilities:

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.

(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.

(Reserved)[3]

[3]

Editor's Note: Former Subsection (C)(16a), solar panels, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2028. See now Section 415.630, Solar Energy System Regulations.

17.

Specialized private schools.

(Reserved)[4]

[4]

Editor's Note: Former Subsection (D)(1), devices for the generation of energy, was repealed 11-13-2023 by Ord. No. 2829. Prior history includes: Ord. No. 2028; and Ord. No. 2562. See now Section 415.630, Solar Energy System Regulations.

Private stables.

Signs (directional and information).

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

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

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

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

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.

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]

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.

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.

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:

Minimum Lot Area Requirements.

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

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.

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.

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.

Minimum Yard Requirements — General.

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

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

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

Specific Yard Requirements And Exceptions.

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.

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

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

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

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.

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

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

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

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

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.