[CC 1984 §6.220; Ord.
No. 2023-08, 8-9-2023]
A.
Uses
Permitted By Right. The only use of land or buildings permitted by
right in District "R-1-A" is the use of the property for single-family
dwellings.
[CC 1984 §6.230; Ord.
No. 2023-08, 8-9-2023]
A.
Special Permit Uses.
1.
The following uses may be permitted in District "R-1-A" upon
the granting of a special permit by the Planning Commission, which
permit may include such restrictions and limitations as the Planning
Commission deems necessary to protect the appropriate use of neighboring
property and to carry out the general intent and purpose of this Zoning
Code. Such special permits would be granted by the Planning Commission
only after public hearings conducted in accordance with the rules
of the Planning Commission.
2.
Such uses may include:
a.
Public libraries, police and fire stations and public administrative
buildings.
b.
Electric substations.
c.
Reservoirs, wells, towers, water supply works.
d.
Buildings and premises for public utility services or public
service organizations, which buildings or uses the Planning Commission
deems reasonably necessary for public convenience or welfare.
e.
Other uses designated by this Article as requiring a special
permit. Special permits are subject to review by the Planning Commission
on an annual basis.
B.
Conditional Use Permits.
1.
The purpose of a conditional use permit is to evaluate on a
case-by-case basis the impact of a secondary use of the property on
the use and enjoyment of nearby properties, property values, nearby
parking, traffic congestion, and the health and safety of the community.
2.
An application for a determination of the need for a conditional
use permit for the secondary use shall be filed, as set forth hereinafter,
within ten (10) days, which time deadline may be extended for up to
an additional twenty (20) days by the Codes Enforcement Officer, of
the date of mailing by regular mail or hand delivery to the owner
and tenant at such home, of a notice that the Codes Enforcement Officer
has reasonable cause to believe that the person is making a secondary
use of the property that may adversely impact a neighbor, and may
require a conditional use permit. The Codes Enforcement Officer shall
document the basis for the reasonable cause belief, which documentation
shall become part of the record. If such application is not thereafter
timely made, the secondary use must cease until an application is
made and a determination made that a conditional use permit is not
needed. The burden shall be on the applicant to demonstrate that a
conditional use permit is not required.
C.
Application For A Determination Of Need For A Conditional Use Permit
For Secondary Use.
1.
All applications shall be submitted to the Codes Enforcement
Officer on forms provided by the City. The Codes Enforcement Officer
may ask for additional documentation necessary to its decision within
ten (10) days of receipt of the application. Within ten (10) days
of the receipt of the application and additional information requested
by the Codes Enforcement Officer, such officer will determine if a
conditional use permit is needed and will provide a written notice
to the applicant of the determination.
2.
If the determination made is that the applicant must apply for
a conditional use permit, the applicant may appeal the decision to
the City Planning Commission. In the event the determination of the
Codes Enforcement Officer is upheld by the Planning Commission, then
the applicant may appeal this decision to the Board of Alderpersons
who shall hear the appeal and uphold or overturn the decisions of
the Codes Enforcement Officer.
3.
Upon a fully final determination that a conditional use permit
is needed, no secondary use shall be authorized or continued without
a permit being issued. A "fully final" determination as used herein
means that a determination has been made, and not thereafter timely
appealed and/or if timely appealed, the appeal is dismissed. The City
Planning Commission may stay its determination for a reasonable period
or until the City Board of Alderpersons rules on any appeal.
D.
Application For A Conditional Use Permit For Secondary Use.
1.
All applications, the documentation reasonably necessary to
making a determination and the necessary fees as determined by the
Board of Alderpersons shall be submitted to the Planning Commission
for their approval or disapproval on forms provided by the City. The
application shall also include a proposal for mitigating the impact
of that secondary use on nearby properties.
2.
The City Clerk shall schedule a public hearing and meeting of the Planning Commission in the same manner as under Chapter 400.
3.
At the public hearing, the Planning Commission shall take up
the application for hearing and make a determination of whether and
under what conditions the conditional use permit will be issued, or
will reject such application.
a.
In determining whether the application should be approved, approved
with conditions or rejected, the Commission shall consider the following:
(1)
Nature of the business, the impact on the use and
enjoyment of nearby properties, property values, nearby parking, traffic
congestion, and the health and safety of the community; and
(2)
Effect of a substantial increase in traffic and/or
parking; and
(3)
Width of the roadway and the ability for emergency
vehicles to access the community; and
(4)
May reject any application for a permit to operate
a business for any of the following:
(a)
A business that fails to comply with any ordinance,
regulation, law or statute related to health, safety, or the environment;
(b)
A business that involves the sale or exchange of
alcohol, weapons, or firearms;
(c)
A business that allows the use of equipment or
machinery that produces aural or any other adverse effects outside
the home;
(d)
A business that increases the solid waste beyond
that set by City ordinance or City solid waste disposal contract;
(e)
A business that is a nuisance under any Section
of this Code of Ordinances;
(f)
A business that allows for any explosive chemicals
or combustible materials such as would endanger the occupants',
clients of the occupant or the neighbors' health or welfare to
be used or stored on the premises;
(g)
A business unless the business and owner or tenant,
if applicable, is not compliant regarding all taxes, including, but
not limited to, City fees, sales taxes, and real and personal property
taxes, and not having any property tax liens of any nature;
(h)
A business to be operated in violation of the applicable
building, maintenance and/or fire code;
(i)
A business to be operated by any person other than
the owner or tenant of the residential dwelling.
4.
In the event the application is disapproved by the Planning
Commission, or the applicant believes the conditions to the granting
of the permit are unacceptable, the applicant may appeal this decision
to the Board of Alderpersons who shall hear the appeal and approve
or disapprove the application, with or without conditions.
[CC 1984 §6.240; Ord. No. 568, 3-27-2001; Ord. No.
577 §6.240, 10-16-2001; Ord. No. 608 §6.240, 9-17-2002]
A.
Accessory
structures and uses customarily incident to the main use of the property
and located on the same lot or lots therewith may be permitted upon
the issuance of a permit by the Zoning Enforcement Officer which permit
may include such restrictions and limitations as the Zoning Enforcement
Officer deems necessary to protect the appropriate use of neighboring
property and to carry out the general intent and purpose of this Zoning
Code. The Zoning Enforcement Officer may issue such permits after
review and approval of the plans by the Plans Committee. An accessory
structure is anything constructed or erected which is located on the
ground or attached to something else having a location on the ground,
including, but not limited to playground equipment, children's clubhouses,
gazebos, children's gyms, pergolas, arbors, trellis, passageways,
etc.
B.
Such
structures and uses may include:
1.
An accessory structure separate of the dwelling. No plumbing connection
will be allowed to such structure, except a cold-water hose connection
may be allowed for cleaning. The structure may have a maximum external
dimension of ten (10) feet by twelve (12) feet or no more than one
hundred twenty (120) square feet total area and may be no more than
ten (10) feet tall from its highest point to the ground level. The
accessory structure should be erected so as to conform in appearance
and decor with the existing residence where practicable. For first
(1st) tier property owners, the accessory structure must be located
at least forty (40) feet from the water's edge and ten (10) feet from
the side property lines. For second (2nd) tier property owners, the
accessory structure must be located at least ten (10) feet from the
rear property line and ten (10) feet from the side property lines.
No accessory structures shall be located in the front yard.
2.
A maximum of two (2) accessory structures may be allowed on the lot
or lots occupied by the main residence. A detached garage does not
apply to the two (2) maximum rules.
3.
If a residence has an attached garage, an additional detached garage
will not be permitted. An attached garage is any type of garage that
is attached to or built into the main dwelling.
4.
A swimming pool, spa or hot tub separate from the dwelling may be
permitted by obtaining a building permit. For first (1st) tier property
owners, the accessory structure must be located at least forty (40)
feet from the water's edge and ten (10) feet from the side property
lines. For second (2nd) tier property owners, the accessory structure
must be located at least ten (10) feet from the rear property line
and ten (10) feet from the side property lines. No accessory structures
shall be located in the front yard.
[CC 1984 §6.250; Ord.
No. 2019-02, 3-13-2019; Ord. No. 2023-08, 8-9-2023]
A.
Except as set forth in Subsection (B), no store, trade, business, industry or practice of a profession shall be permitted in this district except that the following business uses may be permitted upon the issuance of a conditional use permit by the Planning Commission which permit may include such restrictions and limitations as the Planning Commission deems necessary to protect the appropriate use of neighboring property and to carry out the general intent and purpose of this Zoning Code.
B.
The acceptable business uses are as follows:
1.
Home occupations, as defined in Section 405.060, carried on only by members of the immediate family of the persons occupying such dwelling as their private residence, provided that no obnoxious odors, smoke, gases or disturbing noises shall result from such occupation;
2.
Home-based work which for purposes hereof means any lawful occupation
performed by a resident within a residential home 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 residential building or adversely affect the character
of the surrounding neighborhood; and
3.
The propagation and cultivation of plants as typically practiced
in greenhouses, nurseries and in truck gardens is allowed in the City.
However, no cultivation of the ground causing runoff of increased
volumes of water and silt onto neighboring property owners shall be
permitted, unless otherwise prohibited by Statute or City ordinance.
[Ord. No. 2023-08, 8-9-2023]
Nothing contained in Section 405.100 above shall be deemed to allow or permit any short-term rental. Short-term rentals shall each be liable for violations of this Section.
[Ord. No. 2023-08, 8-9-2023]
[CC 1984 §6.260]
A.
No
building shall be erected or constructed or moved onto a lot which
contains less than fifteen thousand (15,000) square feet.
B.
No
lot shall be used as a public driveway nor as a means of access to
the street or road for other than the purpose of traveling to or from
said lot.
C.
No
lot shall be reduced or diminished so that the setback areas shall
be smaller than prescribed by this Zoning Code; nor shall the density
of population be increased in any manner except in conformity with
regulations established herein except that lots may be combined in
whole or in part with adjacent lots to bring setback areas and square
footage requirements into conformance with the requirements of the
Zoning Code. No lot shall be reduced or diminished below the fifteen
thousand (15,000) square feet required for building permit or smaller
than prescribed by this Zoning Code. Lots may be combined in part
with adjacent lots to bring setback areas and square footage requirements
into conformance with the requirements of the Zoning Code, providing
the part of property being added is the same dimension in length or
width of the lot requiring the addition.
[CC 1984 §6.270; Ord. No. 577 §6.270, 10-16-2001; Ord. No. 714 §A, 11-16-2004; Ord. No. 2016-03, 4-13-2016]
A.
All front yards shall have a maximum depth of one-third (1/3) of
the depth of the lot with a minimum depth of fifty (50) feet. The
rear yard shall have a minimum depth of forty (40) feet. Side yards
shall have a minimum width of ten (10) feet. In addition, there shall
be a minimum width of twenty (20) feet at the closest point between
principal residential structures constructed on adjoining lots. On
corner lots, a side yard on the street side of the corner lot shall
have a minimum depth of twenty-five (25) feet. All measurements for
setbacks are taken from the most exterior point of the structure,
i.e., overhang of structure, deck and/or external stairs to existing
lot line boundary.
B.
In addition to the requirements set forth in Subsection (A), the front yard setback lines for all newly constructed residences shall be in conformity with the setback lines for residences located on adjacent adjoining properties, if the subject properties meet the current setback requirements.
C.
Irregular Lots.
1.
Purpose. Setback distances established for
residential districts are based on rectangular lots. Nonrectangular
lots, lots with three sides or more than four (4) sides, and other
non-standard lots require special measurement techniques in order
to achieve the purpose of setback requirements, i.e., the appropriate
separation of structures from streets and other properties. The purpose
of this Subsection is to provide standards for the establishment and
measurement of setbacks on irregular lots.
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Diagram C1 Setbacks on Irregular Lots
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 |
2.
Front setbacks. Front yard setbacks shall be
measured from the ultimate lot line.
3.
Rear setbacks. In the case of an irregularly
shaped lot, a ten-foot line which is within the lot and parallel to
and most distant from the front lot line shall be considered the rear
lot line for purposes of determining required setbacks and for interpretation
of other provisions of this Code.
|
Diagram C.3 Rear Lot Line for Measuring Setbacks
|
|---|
 |
4.
Side setbacks. All lot lines which are not
front or rear lot lines shall be considered side lot lines for the
purpose of measuring setbacks.
5.
Pie-Shaped lots. Setbacks on pie-shaped lots
shall be measured at the closest point between the building and the
angled lot line.
[CC 1984 §6.280]
No building or structure shall exceed thirty-five (35) feet
in height, measured from the street side. Measurement shall be taken
from the highest point of the foundation.
[CC 1984 §6.290]
All proposed residential structures shall contain one thousand
six hundred (1,600) square feet of finished living area, other than
the basement and exclusive of any other attached accessory buildings.
The minimum finished living area is a minimum of one thousand six
hundred (1,600) square feet on any one (1) level or a minimum of one
thousand six hundred (1,600) square feet of finished living area on
any series of levels which do not overlap one another. The "basement level" shall be defined as a level which has more
than twenty-five percent (25%) of the outer wall area below the main
level of the surrounding ground. Garages are not considered as living
area.
[CC 1984 §6.300]
No basement or earth contact home shall be permitted. A "basement" or "earth contact home" shall
be defined as a residence which has more than twenty-five percent
(25%) of the outer wall area of the main floor of the residence below
the mean level of the surrounding ground.
[CC 1984 §6.305]
A.
No
mobile home, modular home, manufactured home or geodesic home shall
be permitted.
B.
The
term "mobile home" shall mean a manufactured, detached,
transportable single-family dwelling unit, manufactured upon a chassis
or undercarriage as an integral part thereof, without independent
motive power designed for long-term occupancy as a complete dwelling
unit and containing all conveniences and facilities with plumbing
and electrical connections provided for attachment to approved utility
systems. Any such unit shall be deemed to be a mobile home whether
or not resting upon a temporary or permanent foundation.
C.
The
terms "modular home" or "manufactured home" shall mean a structure which is manufactured in one (1) or more
transportable sections and finally assembled on the site and which
is built on a permanent chassis and designed for long-term occupancy
as a complete dwelling unit with or without permanent foundation when
connected to the required utilities.
D.
The
term "geodesic home" shall mean a structure built
as a dome or composed largely of curved surfaces.
[CC 1984 §6.310]
A.
The "utility corridor" shall mean a strip of land ten (10) feet
wide running parallel to any road, highway or street that begins ten
(10) feet from the edge of the right-of-way of the road, highway or
street.
B.
All
residential structures shall have inside toilets connected to a sewer
line. Outside toilets or privies are not permitted.
C.
All
storage tanks shall be installed below ground surface. All utility
connections shall be placed underground.
D.
All
new construction of telephone, telegraph, electric, cable TV or other
utility wires or cables within the City of Weatherby Lake, Missouri,
shall be located underground in subsurface conduits or such other
suitable and acceptable method or type of underground installation
as meets existing safety standards prescribed by the Board of Alderpersons
of the City of Weatherby Lake, Missouri. All new utility lines shall
be located within the utility corridor.
1.
This also applies to additions and remodeling which affects the existing
service connection.
E.
The
individual and the developer requesting the service causing the new
construction of utility lines shall be responsible for all costs incurred.
F.
The
Zoning Enforcement Officer or his/her authorized delegate may grant
a specific variance to permit the temporary installation, erection,
construction or maintenance of poles, wires and other overhead structures
for the provision of temporary electrical power or communication services
where reasonably required for emergency, building construction or
other temporary purposes for a time period not to exceed one (1) year
in duration.
1.
Exemptions. The following utility installations shall be exempt from Subsection (F) of this Section:
a.
All electric power lines rated at or above "feeder" line class, when
located within a utility corridor and along the perimeter or exterior
boundaries of residential subdivisions, commonly-owned tracts or parcels
developed under one (1) preliminary site development plan. A "feeder" line, as used here, shall be defined as an electrical
circuit which provides a rated capacity of three thousand (3,000)
KVA and electricity directed from a power substation.
b.
All television, telecable or telephone lines rated at or above "trunk"
line class, when located within a utility corridor and along the perimeter
or exterior boundaries of residential subdivisions, commonly-owned
tracts or parcels developed under one (1) preliminary site development
plan. A "trunk" line, as used here, shall be defined
as those utility lines within a system with a seventy-five hundredths
(0.75) inch diameter or larger.
G.
All
lawns, pavements, sidewalks, curbing, streets, alleys or highways
disturbed in doing any work under the provisions of this Chapter shall
be replaced and repaired in such a manner as directed by the Zoning
Enforcement Officer or his/her authorized delegate.
H.
Whenever
the City shall grade, regrade, replace or expand any street, alley
or highway along or across where any person has laid any non-conforming
pipe or conduit or underground lines, the person owning or using such
pipe or conduit or underground lines shall at his/her own expense
change such pipe or conduit to conform to the street, alley or highway
that is changed.
I.
This
Article shall be made and become part of all present and future franchise
agreements made by the City with any person serving the City with
telegraph, telephone, electric, cable TV and power.
[Ord. No. 1005 §§1 —
8, 7-17-2007]
A.
UTILITY OR EQUIPMENT CABINET
For
purposes of this Section, the following definition shall apply:
Any above ground structure, cabinet, electric meter and any
other appurtenance installed for, or servicing, telecommunication
or utility purposes ground mounted but above surrounding grade in
the public rights-of-way.
B.
A permit
to construct in the right-of-way and/or "utility corridor" shall be
required for the construction, modification or placement of above
ground utility or equipment cabinets in the City right-of-way and/or
"utility corridor".
C.
Location,
type and dimension of any "utility or equipment cabinet" or other
appurtenance installed for, or servicing, telecommunication or utility
purposes above surrounding grade in the public rights-of-way and/or
"utility corridor" shall not exceed the following dimensions unless
otherwise approved by the City Engineer. "Utility or equipment cabinet"
maximum sizing: forty-eight (48) inches in length, forty-six (46)
inches in width and forty-eight (48) inches in height.
D.
Sight Triangle. The "utility or equipment cabinet" shall
not interfere with any required pedestrian or vehicular circulation,
shall not be located or extend into any required sight triangle nor
obstruct vision at an intersection or point of ingress or egress to
the property.
E.
Utility Or Equipment Cabinet Screening Standards.
1.
Each utility cabinet or pedestal that is larger than thirty-six (36)
inches in any dimension shall be screened. These utility or equipment
cabinets shall be screened from view on three (3) sides from street
rights-of-way for the entire length of the structure, except for necessary
access. All utility service areas within one hundred (100) feet of
the right-of-way shall be screened from public rights-of-way.
2.
Screening for utility service areas shall be as follows: Evergreen
plants or other approved plantings shall have a minimum installed
height of forty-eight (48) inches, spaced three (3) feet on center
and be expected to reach a minimum height of six (6) feet within three
(3) years. The Zoning Enforcement Officer or his/her authorized delegate
shall approve the size, type and number of plantings.
F.
Conditional Approvals. In the consideration of any public
works right-of-way permit applications, the Zoning Enforcement Officer
or his/her authorized delegate may stipulate that a conditional approval
is subject to compliance with certain specified conditions or standards
as are reasonably necessary to ensure compliance with applicable standards
and to promote the public health, safety, comfort and general welfare
of the community.
G.
Nothing
in this Section shall be deemed to permit the construction or maintenance
of any utility or equipment cabinets otherwise prohibited by this
Section.
[CC 1984 §6.320]
Each residence shall have a paved driveway and parking space
that will provide a minimum of two (2) off-street parking spaces.
In addition, all driveways shall be constructed of concrete or asphalt
surface, however, lockstone may be considered with the approval of
the Zoning Enforcement Officer.
[CC 1984 §6.340]
Temporary buildings such as contractor sheds and buildings of
like character shall be permitted during the construction period upon
approval of the Planning Commission.
[CC 1984 §6.350]
Accessory buildings shall not be constructed or erected prior
to the main residential structure and may not be occupied as temporary
residence quarters pending completion of the main structure. No house
trailers, truck campers, tents or other temporary quarters for human
beings may be occupied as residences.
[Ord. No. 612, 10-15-2002; Ord. No. 714 §B, 11-16-2004]
A.
Definition: The term "fence" is defined
as meaning a free standing structure intended to provide privacy,
prevent escape or intrusion or redirect a person's direction of travel.
This definition includes fences or walls made from posts, wires, boards,
wrought iron, stone, brick, or other standard building materials.
B.
Building
permits are issued by the Zoning Enforcement Officer and must be obtained
prior to beginning construction. A permit is required when:
1.
A new fence or wall is installed;
2.
An existing fence or wall is replaced;
3.
An existing fence or wall is being replaced with a new fence that
is a different size, or a different design, (e.g., A chain link fence
being replaced by a wood privacy fence); or
4.
More than fifty percent (50%) of the linear length is being replaced.
D.
Fence And Wall Location.
1.
Side yard. Fence may not be located or extend in
front of the corner of the residence and cannot be located closer
than fifteen (15) feet to any street right-of-way.
2.
Rear yard. Privacy fences enclosing a rear yard
cannot be located closer than fifteen (15) feet to any street right-of-way
and shall not extend past the rear corner of the residence. If the
rear lot line of a corner abuts a side property line of a lot facing
the side street, no fence, wall or hedge enclosure greater than forty-eight
(48) inches in height shall be constructed within the area designated
for a side setback.
E.
Design Standards.
1.
No fence or wall over six (6) feet in height shall be erected on
a residential lot.
2.
No electrified, razor wire, barbed wire, chicken wire, or single/dual
wire fences will, be allowed, unless the Zoning Enforcement Officer,
in his/her discretion, determines that such a fence should be allowed.
3.
No fence, wall or hedge that obstructs the view of Weatherby Lake
from a neighboring lot will be allowed, regardless of height.
4.
Materials allowed for construction of fences may be wood, wrought
iron, wire mesh/chain link or other standard building material. No
solid wafer board, fabric or plywood will be allowed. Materials for
walls may be decorative tone, brick, keystone or concrete.
5.
No chain link or wire mesh fencing will be allowed in front yards.
6.
All fences and walls shall be constructed with a finished surface
facing outwards from the property. Any posts or support beams shall
be inside the finished surface or designed to be an integral part
of the finished surface. An alternative to the finished surface facing
outward is an alternating slat configuration.
7.
No more than two (2) different types of fencing material, (wood and
stone or two different types of wood), are permitted.
[CC 1984 §6.365]
A.
BARRIER
GRADE
SPA, PORTABLE
SWIMMING POOL
SWIMMING POOL, INDOOR
SWIMMING POOL, OUTDOOR
Definitions. The following definitions shall apply in the
interpretation and enforcement of this Section.
A fence, wall, building wall or a combination thereof which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
The underlying surface such as earth or a walking surface.
A non-permanent structure intended for recreational bathing
in which all controls, water-heating and water-circulating equipment
are an integral part of the product and which is cord-connected (not
permanently electrically wired).
Any structure intended for swimming or recreational bathing
that contains water over eighteen (18) inches deep. This includes
in-ground, above-ground and on-ground swimming pools, hot tubs and
spas.
A swimming pool which is totally contained within a residential
structure and surrounded on all four (4) sides by walls of said structure.
Any swimming pool which is not an indoor pool.
B.
Barriers. Notwithstanding any other provisions of this Code
to the contrary, an outdoor swimming pool, including an in-ground,
above-ground or on-ground pool, hot tub or spa shall be provided with
a barrier which shall completely surround the pool, hot tub or spa
and shall comply with the following requirements:
1.
The top of the barrier shall be at least sixty (60) inches above
grade measured on the side of the barrier which faces away from the
swimming pool.
2.
The maximum vertical clearance between grade and the bottom of the
barrier shall be two (2) inches measured on the side of the barrier
which faces away from the swimming pool.
3.
Openings in the barrier shall not allow passage of a four (4) inch
diameter sphere.
4.
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than forty-eight (48) inches, the horizontal member shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed one and three-fourths (1¾) inches in width.
5.
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is forty-eight
(48) inches or more, spacing between the vertical members shall not
exceed four (4) inches.
6.
The maximum mesh size for chain link fences shall be one and one-fourths
(1¼) inch square unless the fence is provided with slats fastened
at the top or the bottom which reduce the openings to no more than
one and three-fourths (1¾) inches. The wire shall be not less
than nine (9) gauge.
7.
Where the barrier is composed of diagonal members, such as a lattice
fence, the maximum opening formed by the diagonal member shall be
no more than one and three-fourths (1¾) inches.
C.
Pool Structures Located Above Grade.
1.
Where the top of the pool structure is above grade (such as an above-ground
pool), the barrier may be at ground level, such as the pool structure
or mounted on top of the pool structure.
2.
Where the barrier is mounted on top of the pool structure, the maximum
vertical clearance between the top of the pool structure and the bottom
of the barrier shall be four (4) inches.
3.
Where an above-ground pool structure is used as a barrier or where
the barrier is mounted on top of the pool structure and a means of
access is a ladder or steps, then:
4.
When the ladder or steps are secured, locked or removed, any opening
created shall not allow the passage of a four (4) inch diameter sphere.
D.
Access Gates. All outdoor swimming pools, including in-ground,
above-ground or on-ground pool, hot tub or spa shall be provided with
access gates which shall comply with the following:
2.
All access gates shall be equipped to accommodate a locking device.
3.
Pedestrian-access gates shall open outward away from pool and shall
be self-closing and have a self-latching device for keeping the gate
or door securely closed at all times when not in actual use, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
4.
Gates other than pedestrian-access gates shall have a self-latching
device.
5.
Where the release mechanism of the self-latching device is located
less than fifty-four (54) inches from the bottom of the gate, the
following shall apply
E.
Other Regulations.
1.
The barriers shall be constructed of quality materials as approved
by the Planning Commission.
2.
Barriers shall be constructed or maintained so that they do not constitute
a blighting influence nor an element leading to the progressive deterioration
and downgrade of neighborhood property values.
3.
The pool installation must comply with all applicable City, County
and State sanitary, plumbing, electrical and other applicable Codes.
However, where the requirements set forth in this Chapter are more
restrictive than other laws ordinances or regulations, this Section
shall govern.
F.
Applicability. This Section shall apply to all new and existing
outdoor swimming pools, including in-ground, above-ground or on-ground
pools, hot tubs or spas.
[CC 1984 §6.370]
A.
ANTENNA
ANTENNA HEIGHT
ANTENNA SUPPORT STRUCTURE
Definitions. The following definitions shall apply in the
interpretation and enforcement of this Section.
The arrangement of wires or metal rods used in the transmission
and/or reception of radio frequency signals.
The overall vertical length of the antenna support structure
and the antenna above grade or the roof line if mounted on a building.
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of radio
frequency transmission or reception.
B.
Permit Required. It shall be unlawful for any person to
install, construct or increase the height of any antenna support structure
which is to be permanently affixed to the ground by connection to
a pre-poured concrete or other type permanent base without first obtaining
a building permit, except that no permit shall be required if the
height of the antenna support structure (excluding the height of any
building to which the antenna support structure is attached) is less
than fifteen (15) feet.
C.
Application. Applications for a building permit required in Subsection (B) shall be made upon such forms as requested or provided by the City and the applicant shall attach thereto the following items:
D.
Height Limitation.
1.
No antenna support structure shall be installed, constructed or increased
to exceed sixty (60) feet above grade.
2.
No antenna support structure shall be installed, constructed or increased
to exceed fifteen (15) feet above roof line if mounted upon a building.
3.
No roof-mounted antenna shall be installed, constructed or increased
to exceed twenty-five (25) feet antenna height above roof line.
E.
Construction Requirements.
1.
Materials. Antenna support structures exceeding
thirty-five (35) feet in height must be constructed from one (1) of
the following materials: aluminum, galvanized steel or equally resistant
steel. All ground-mounted antenna support structures exceeding thirty-five
(35) feet in height shall be mounted in concrete and erected in such
a manner as to be able to withstand a minimum wind velocity of seventy
(70) M.P.H. (impact pressure of twenty (20) pounds per square foot).
2.
Electrical. All antenna support structures, whether
ground or roof mounted, shall be grounded. For ground-mounted towers,
the ground shall consist of a minimum of one (1) ground rod a minimum
of five-eighths (⅞) inch in diameter and eight (8) feet in
length. The ground conductor shall be a minimum of No. 10 GA copper.
However, in all instances, construction shall follow the manufacturer's
requirements for grounding.
3.
All installation of antennas and antenna support structures shall
conform to the requirements of the National Electrical Code and the
FCC regulations governing the AM Amateur Radio and Citizens Band Services.
The National Electrical Code requires a minimum of eight (8) feet
clearance from power lines over two hundred fifty (250) volts and
includes all high voltage primary lines.
F.
Restrictions And Limitations.
1.
No antenna shall protrude in any manner upon the adjoining property
without the written permission of the adjoining property owner; and
no antenna shall protrude upon the public way.
2.
Ground-mounted antenna support structures may be erected only in
rear and side yards. On corner lots, the antenna support structure
cannot be closer to the street than the main building located on the
lot.
3.
The antenna support structure as measured from the center of said
structure at its base must be set back from the nearest property line
a distance of not less than one-third (⅓) of the height of
said structure. In all cases, ground-mounted antenna support structures
must be set back a minimum distance of ten (10) feet from the nearest
property line.
4.
Roof-mounted antenna and antenna support structures are limited to
a maximum combined gross weight of one hundred fifty (150) pounds.
5.
Roof-mounted antennas are limited to a projected surface area of
three and one-half (3.5) square feet.
G.
Waivers/Exceptions. It shall be unlawful for any person
to install, construct or increase the height of any antenna support
structure to a height in excess of sixty (60) feet or in any manner
inconsistent with the requirements of the ordinance without having
first applied for and obtained a waiver from the Board of Adjustment
of the City of Weatherby Lake.
H.
Exemptions. This Section shall not affect any existing antenna
support structure utilized by Federally licensed amateur radio or
Federally authorized citizens band radio service stations which has
been constructed and which is in place prior to the date of passage
of this Section.
[CC 1984 §6.380; Ord. No. 740 §§1 — 2, 2-15-2005; Ord. No. 1125, 5-3-2011; Ord. No. 1146, 6-5-2012; Ord. No.
2018-03, 5-9-2018; Ord. No. 2021-01, 1-13-2021]
A.
All privately owned outdoor signs erected or maintained in the City
of Weatherby Lake, Missouri, shall be erected and maintained in compliance
with the following regulations. It shall be unlawful for any person
or entity to erect, maintain or allow the display of any sign upon
property under that person or entity's control which does not comply
with this Section.
B.
Requirements Applicable To All Signs.
1.
Sign Location. All signs shall be located at least fifteen (15)
feet from the edge of the paved portion of the street and in no event
shall such sign(s) be placed on City Hall, Community Center or Park
property. In the event that the fifteen (15) foot requirement poses
an undue hardship on the placement of a sign, upon a written application
stating the hardship, the Chief of Police is authorized to grant a
written exemption for up to ninety (90) days. No signs shall be affixed
to any utility pole within the City limits of Weatherby Lake.
2.
Sign Illumination. Illumination from or upon any sign shall
be shaded, shielded, directed or reduced so as to avoid undue brightness,
glare or reflection of light on private or public property in the
surrounding area and so as to avoid unreasonably distracting pedestrians
or motorists. "Undue brightness" is illumination in excess of that
which is reasonably necessary to make the sign reasonably visible
to the average person on an adjacent street.
3.
Sign Maintenance. All signs, including signs heretofore installed,
shall be constantly maintained in a state of security, safety, repair
and professional appearance. If any sign is found not to be so maintained
or is insecurely fastened or otherwise dangerous, it shall be the
duty of the owner and/or occupant of the premises on which the sign
is fastened to repair or remove the sign within five (5) days after
receiving notice from a City Official. The premises surrounding a
sign shall be free and clear of rubbish and weeds.
4.
Sign Obstructing View Or Passage. No sign shall be located so
as to physically obstruct any door, window or exit from a building.
No sign shall be located so as to be hazardous to a motorist's ingress
or egress, or visibility of traffic flow during ingress or egress,
from parking areas of any way open to the public.
5.
Signs Resembling Official Traffic Signs. Signs that imitate
or resemble an official traffic sign or signal or which bear the words
"stop," "caution," "danger," "warning" or similar words are prohibited.
6.
Sign Height. No sign shall exceed a total height of six (6)
feet.
7.
Sign Size. No sign shall exceed five (5) square feet in area.
C.
Exceptions. The provisions of this Section shall not apply to City-owned
signs or notices, City Park Department signs or notices, and notices
posted by any court or notices to the public required by law to be
posted in public places.
[CC 1984 §6.390; Ord. No. 2015-11, 10-14-2015; Ord. No. 2022-05, 2-9-2022]
A.
House Pets. Excluding the animals defined in Subsection (D) below, no animals other than domestic dogs and cats are allowed in the district. Up to three (3) animals may be kept in each house in the City. In the event that young are born to any of the animals, the numbers allowed may be exceeded for a reasonable time which shall under no circumstances be longer than three (3) months following the date of birth.
B.
Dog Pens. No dog or dogs shall be confined in a dog pen located within
fifty (50) feet of a neighboring residence.
C.
For the purposes of this Section the term "house" shall mean a single-family
residence which has water service being provided by the City through
one (1) water meter.
D.
For the purposes of this Section, the following animals shall be excluded from the restrictions of Subsection (A) above:
1.
Fish or aquatic life housed and maintained in an aquarium inside
a house which who are:
2.
Birds, housed and maintained in a cage inside a house. For the purposes of this exclusion, the term "birds" shall not include poultry or domesticated birds kept by humans for their eggs, their meat or their feathers. Such poultry shall remain prohibited pursuant to Subsection (A) above.
4.
Any hamster or rodent housed and maintained in a cage inside
a house which is not poisonous, venomous, diseased and/or dangerous.
