[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; Ord. No. 2023-11, 10-11-2023; Ord. No. 2024-08, 7-10-2024]
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 within thirty (30) days from the date of the Planning Commission's 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. 2023-13, 10-23-2023]
A.
Notwithstanding any Section of the Zoning Code to the contrary, the following exception is authorized:
1.
"Group Home(s)" — a residential facility similar in appearance to a single-family home as described in Section 89.020, RSMo.
2.
Conditional Use Permit. To help all group homes are required to get a conditional use permit pursuant to Section 405.080 of this Code of Ordinances.
3.
Community Density. To preclude the concentration of such uses, for the benefit of the residents of group homes and the overall community, no more than one (1) group home shall be permitted in each of the currently designated Alderperson Districts.
4.
Residential Appearance. The residential appearance of the group home structure and its lot or site shall always be maintained in reasonable conformance with the surrounding neighborhood.
[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.
[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.
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 |
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 |
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.