[Ord. No. 18-12, 12-11-2018]
This Article V provides supplementary regulations to be used in administering and interpreting the intent of the Zoning Regulations.
[Ord. No. 18-12, 12-11-2018]
A.
Height Exceptions. The building height limitations stipulated in
the applicable districts shall not apply to the following, provided
that no such structure would be an obstruction to air navigation as
established in Federal aviation regulations:
1.
Church steeples;
2.
Chimneys, not exceeding four (4) feet in height from the top
of the roof;
3.
Silos, not exceeding fifty (50) feet in height;
4.
Elevator towers;
5.
Air conditioning units, not exceeding ten (10) feet in height
from the top of the roof;
6.
Windmills, not exceeding fifty (50) feet in height;
7.
Utility transmission towers;
8.
Parapet walls, not exceeding four (4) feet in height from the
top of the roof;
9.
Antennae;
10.
Communication towers; and
11.
Similar structures.
B.
Height Limitations. In addition to the height limitations specified
in each zoning district, no structure shall be erected to a height
that would encroach into or through any established public or private
airport approach plan prepared in accordance with the criteria established
by the Federal Aviation Administration.
[Ord. No. 18-12, 12-11-2018]
A.
All yards abutting a street shall be front yards except as specifically
provided in the remaining paragraphs of this Section (Rule 1).
B.
An interior lot with four (4) sides shall have a front yard along
the street line, a rear yard opposite the front yard and side yards
located between the front and rear yards (Rule 2).
C.
On corner lots, there must be a front yard on both streets (Rule
3).
D.
A lot with three (3) or more frontages shall be considered a corner
lot, shall provide two (2) front yards and the remaining yards shall
be rear or side yards (Rule 4).
E.
On corner lots with two (2) front yards, the rear yard shall be the
yard opposite the front yard having the minimum lot frontage unless
the orientation of an existing principal building on the corner lot
clearly indicates otherwise (Rule 5).
F.
Four (4) sided lots with three (3) frontages shall have two (2) front
yards, one (1) rear yard and one (1) side yard (Rule 6).
G.
On double frontage lots, a front yard shall be provided along the
street providing access to the lot and the opposite yard shall be
the rear yard (Rule 7).
H.
Interior lots with five (5) or more sides shall have one (1) front
yard and all yards opposite the front yard shall be considered rear
yards (Rule 8).
I.
Corner lots with three (3) sides shall have two (2) front yards and
a rear yard (Rule 9).
J.
Interior lots with three (3) sides shall have one (1) front yard,
one (1) side yard and a rear yard (Rule 10).
K.
As a supplement to the rules contained in this Section 405.153 and to facilitate a better understanding thereof and of yards in general, the following diagram entitled Figure 6 is provided and made a part hereof with the same force and effect as though fully set forth herein. Should there be any conflict between the text of this Chapter 405 and the information displayed in the diagram, the text of the Chapter shall prevail.
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[Ord. No. 18-12, 12-11-2018]
A.
Every part of a required yard shall be open and unobstructed from the ground to the sky, except as provided in this Section 405.155 or as otherwise permitted in this Chapter.
1.
All Required Yards. The following may encroach into any required
yard.
a.
Fences And Walls. Fences and walls are allowed within required yards, subject to the provisions of Section 405.160.
b.
Fire Escapes, Outside Stairways, Balconies, Chimneys, Etc. Open
or enclosed fire escapes, outside stairways, balconies and chimneys
and flues may project up to four (4) feet into any required yard,
provided such projections shall not unduly obstruct light and ventilation.
c.
Parking Areas And Driveways. Off-street parking areas may encroach
into the required front yard setbacks providing that the encroachment
does not extend into a required landscape buffer along the street
frontage. Driveways may encroach into any required front yard and
into landscaped buffers along street frontages. Parking areas and
driveways may encroach into required side yards in non-residential
districts. On single-family zoned lots, driveways shall be set back
at least four (4) feet from any side lot line from the point of intersection
with the right-of-way to the front (building) line of the house. Parking
pads may be located in required side and rear yards, provided such
pads are set back at least one (1) foot from every side and rear property
line.
d.
Satellite Dish Antennae. Satellite dish antennas that are one
(1) meter or less in diameter may encroach into any required yard.
e.
Sidewalks. Sidewalks may be located within any required yard.
f.
Sills And Belt Courses. Sills, belt courses and similar ornamental
features may extend six (6) inches into any required yard.
g.
Structural Overhangs. Cornices, awnings, eaves, gutters or other
similar structural overhangs at least seven (7) feet above grade may
extend up to two (2) feet into any required yard, provided that no
such overhang shall extend to within eight (8) feet of any property
line.
h.
Trellises, Lights And Mailboxes. Trellises and trelliswork,
wires, lights, mailboxes ornamental entry columns and gates are allowed
within required yards.
2.
Required Front Yards. The following may encroach into any required
front yard.
a.
Gasoline Pumps And Islands. Gasoline pumps and pump islands,
associated with either a service station or as an accessory facility,
may be located within any required front yard, provided they are located
no closer than fifteen (15) feet to any public right-of-way line.
b.
Satellite Dish Antennae. In the "HTO" zoning district, satellite
dish antennae larger than one (1) meter in diameter may be allowed
to encroach into required front yards as part of a site plan approval.
A landscape screen should be provided between any such satellite dish
antenna and adjacent residentially zoned land and the backside of
such satellite dish antenna should also be landscaped.
c.
Unenclosed Porches, Steps And Paved Terraces. An unroofed porch,
steps or paved terrace area may project into the required front yard
for a distance not to exceed five (5) feet.
3.
Required Side And Rear Yards. The following may encroach into
any required side or required rear yard.
a.
Accessory Antennae. Accessory antennae are allowed within required
side and rear yards.
b.
Accessory Buildings. Accessory buildings or sheds, not exceeding
one hundred twenty (120) square feet in floor area, may be located
within a required side or rear yard provided a minimum of ten (10)
feet is maintained from the side and rear property lines and the building
is not located within any existing easements.
c.
Air Conditioners And Similar Mechanical Equipment. Air conditioning
equipment, sprinkler system controls and similar mechanical equipment
(including utility's pad-mounted equipment) may project into any required
side or rear yard, provided that the equipment is mounted in a manner
contiguous to the building.
d.
Play Equipment, Clothes Lines, Etc. Play equipment, clothes
lines, outdoor furniture and outdoor equipment may encroach into a
required side or rear yard.
e.
Satellite Dish Antennae. Satellite dish antennae that are larger
than one (1) meter in diameter but not more than two (2) meters in
diameter may encroach into required side and rear yards. In non-residential
districts, satellite dish antennae larger than two (2) meters in diameter
may encroach into required side and rear yards if necessary to receive
signals. A landscape screen should be provided between any such satellite
dish antenna and adjacent residentially zoned land and the backside
of such satellite dish antenna should also be landscaped.
f.
Swimming Pools And Related Structures. Swimming pools may be
located in a required side or rear yard, provided they are no closer
than ten (10) feet to any property line or five (5) feet to any easement,
whichever distance is greater. Patios or other flatwork constructed
in conjunction with, and contiguous to, any swimming pool may be located
within a required rear or side yard, provided that they are not located
within an easement and are not closer than five (5) feet to any property
line.
g.
Unenclosed Porches, Decks, Trellis, Steps And Paved Terraces.
An unroofed porch, unscreened porch, deck, trellis, and steps or paved
terrace area may project into a required side or rear yard for a distance
not to exceed five (5) feet.
h.
Patios Or Other Flatwork. Patios or other flatwork, not contiguous
to a swimming pool, may be located within a required rear or side
yard, provided that they are not located within an easement or closer
than ten (10) feet to any property line, whichever distance is greater.
[Ord. No. 18-12, 12-11-2018]
A.
Permits Required. Land use permits are required for fences on commercially
and industrially zoned property and for fences abutting roadways,
except fences abutting roadways in the following:
B.
Placement Of Fences.
1.
Fences may be erected along side lot lines.
2.
Fences may be erected along rear lot lines.
3.
Fences in front yards are prohibited, except for the following:
a.
Lots in the "AG" Agricultural District, however, fences shall
be set back at least ten (10) feet from road right-of-way lines.
b.
Lots in residential districts, where the lot is at least five
(5) acres and is used for agricultural purposes, however, fences shall
be set back at least ten (10) feet from road right-of-way lines.
c.
In residential districts, on corner lots with more than one
(1) front yard. Where the front elevation of the house clearly faces
one of the adjacent streets, the yard in front of that elevation may
be considered the primary front yard. The yard along the side elevation
of the house, but facing an adjacent street, may be considered a secondary
front yard. Fences may be permitted in secondary front yards, but
no closer to the street than the required building setback.
d.
Front yard fences existing on the effective date of this Chapter,
but which do not comply with the above provisions, may be maintained
and repaired if damaged but may not be replaces or reconstructed.
4.
Fences not located along a perimeter side or rear lot line may
be located within the interior of the lot anywhere between the side
and rear lot line and the principal building.
5.
Fences around water detention or water retention facilities may be exempted from the location requirements of this Section 405.160(B) by the Planning and Zoning Commission if deemed necessary to protect the public health, safety or general welfare.
6.
All structural or supporting members of any fence must be constructed
to be within or toward the area to be enclosed.
C.
Height Of Fences. Fences shall not exceed the heights listed in the
following paragraphs. Measurements shall be from the topmost point
of the fence to the ground or surface along the centerline of the
fence.
1.
Side And Rear Yard Fences. Fences in side or rear yards may be erected to heights of six (6) feet except as further restricted by Section 405.160(C)(2) below or as exempted by Sections 405.160(C)(3), 405.160(C)(4), 405.160(C)(6) or 405.160(C)(7).
2.
Fences Abutting A Roadway. Fences in front yards in the "AG," "RS-3," "RS-2" and "PR" Districts, allowed by Section 405.160(B)(3), may be erected to a height of four (4) feet. Fences in a rear yard abutting a roadway may be erected to a height of six (6) feet provided that no solid-type fencing, such as stockade or basket weave, is used. Fences abutting City-owned roads are further regulated by Section 405.160(D).
3.
Institutions, Parks And Schools. Open wire mesh or similar type
open fences enclosing an institution, a public park, public playground,
elementary school, secondary school or junior college may exceed normal
height limitations provided that they do not exceed eight (8) feet
in height.
4.
Industrial Sites. Fences on industrial sites may exceed normal
height limitations in side and rear yards provided that they do not
exceed eight (8) feet in height.
6.
Tennis Courts. Fences surrounding tennis courts shall be open
wire mesh and may exceed six (6) feet in height provided that they
are not located in a front yard and do not exceed twelve (12) feet
in height.
7.
Ball Diamonds. Fences on the perimeter of a ball diamond shall
be open wire mesh and may be erected to heights of eight (8) feet.
A backstop erected in conjunction with such ball diamond and fences
protecting the players' benches may exceed normal height limitations
provided they do not exceed twenty-two (22) feet in height.
8.
Swimming Pools. Fences enclosing outdoor swimming pools shall be a minimum of four (4) feet in height, shall meet the minimum requirements of the City's adopted Building Code and are exempt from the limitations of Section 405.160(C)(2) regarding solid-type fencing. Solid-type fences enclosing swimming pools in rear yards abutting roadways shall be approved by the Architectural Review Commission.
9.
Wing Walls. Wing walls extending from the front facade of a
house shall not exceed six (6) feet in height and shall not extend
more than four (4) feet into the required front yard.
10.
Decorative Fences. Fences that are designed primarily for decoration
or privacy which are located inside of the building setback from the
lot line may exceed normal height limitations when erected in a side
or rear yard between the required setback and the principal building.
11.
Water Detention Facilities. Fences around water detention or water retention facilities may be exempted from the height requirements of this Section 405.160(C) by the Planning and Zoning Commission if deemed necessary to protect the public health, safety or general welfare.
D.
Fences In Yards Abutting City Roads. Fences abutting City-owned roads, including, but not limited to, Independence Road, O'Fallon Road, Pitman Hill Road, Sammelman Road, Siedentop Road, Weldon Spring Road, Westwood Road and Wolfrum Road shall be constructed of low-maintenance or no-maintenance materials. Not more than fifty percent (50%) of the surface area of such fences shall be opaque and the green spaces must be uniformly and reasonably dispersed throughout the entire area of the fence. Such fences shall be constructed of white PVC, be white PVC clad, black wrought iron or natural split rail. Other similar low-maintenance materials or other colors must be approved by a majority vote of the Architectural Review Commission, unless such fence is part of a plat for a subdivision then such approval must be by a majority vote of the Board of Aldermen. Fences around swimming pools may be exempted from these requirements concerning opaqueness and fence materials by the Architectural Review Commission in accordance with Section 405.160(C)(8). Fences in the "AG" zoning district and lots in the "RS-3" and "RS-2" zoning districts used for agricultural purposes are exempt from these requirements provided that such fences are not more than fifty percent (50%) opaque.
E.
Fence Materials.
1.
Materials normally used in fence construction such as brick,
stone, PVC, wood and wrought iron may be used. Chain link may be used
for fences in side and rear yards except for fences abutting a street.
Chain link shall not be used in any fence in a front yard.
2.
Light gauge wire such as chicken coop wire, snow fences or other
similarly flimsy material are not allowed as fence material.
3.
Barbed wire or electrically charged fences may be erected and maintained only for agriculture or farming uses (as defined in Chapter 402). Electrically charged fences shall be set back a minimum of twenty (20) feet from all property lines, identified as electrically charged by signs posted every fifty (50) feet along the fence and shall not exceed safe industry practices for agricultural use. Invisible fences® designed to contain dogs or other domestic animals
may be installed underground in any part of a yard when such fences
are not a hazard to humans.
F.
Temporary Fences.
1.
Fences designed and installed to provide a barrier or enclosure
for a period of not more than three (3) months during construction
or for health or safety reasons may be erected upon approval of the
City Engineer. Up to three (3) thirty (30) day extensions to this
three-month period may be approved by the City Engineer upon receipt
of a written request for such extension.
G.
Fence Appeals. Property owners may appeal to the Board of Aldermen
for relief from any of the restrictions and requirements listed above
for fences.
H.
Retaining Walls.
1.
Retaining walls shall be constructed of masonry retaining wall
blocks or individually placed boulders, except that head walls or
toe walls which are part of a stormwater control structure may be
constructed of reinforced concrete.
2.
Existing walls which have deteriorated may be rebuilt in their
current configuration.
3.
New retaining walls shall not exceed three (3) feet in height
in front yards, and shall not exceed four (4) feet in height in other
required yards.
4.
Walls higher than the above limits may be constructed in a stair
stepped or tiered fashion provided that there is a minimum of three
(3) feet of horizontal space between adjacent walls. A series of walls
thus constructed may not be steeper than a 4:3 (height to width) ratio.
5.
Stair stepped walls are subject to approval by the Architectural
Review Commission. Walls exceeding the above height limitations may
be allowed, subject to approval by the Architectural Review Commission.
Such approval shall be based on consideration of unique practical
difficulties in complying with the above height limitations, safety,
and on the aesthetic impact of a taller wall.
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6.
Building permits are not required for any walls less than three
(3) feet in height.
7.
Plans for new walls over four (4) feet in height, with or without
a stair stepped configuration, must be approved by a licensed Professional
Engineer. This requirement also applies to rebuilding an existing
wall over four (4) feet in height.
8.
Retaining walls over four (4) feet in height shall be provided
with a fence or guard on the high side not less than forty-two (42)
inches high whenever the walls are located closer than two (2) feet
on the high side, to a walk, path, parking lot, driveway, playground
or general access by the public. Also, whenever the wall may pose
a safety hazard, the Zoning Commissioner of the Architectural Review
Commission may require that a fence or guard not less than forty-two
(42) inches high be installed on any retaining wall.
[Ord. No. 18-12, 12-11-2018]
A.
In order to carry out the purpose and intent and provisions of this
Chapter, size, dimension and access criteria for particular zoning
districts are hereby established. Such size and dimension criteria
shall be applied in accordance with this Section and other applicable
provisions of this Chapter.
1.
Lot Size Requirements.
a.
Reduction Of Lot Size Or Yards. No lot or yard existing on the
effective date of this Chapter shall thereafter be reduced in size,
dimension or area below the minimum requirements set out herein, except
by reason of a portion being acquired for public use in any manner,
including dedication, condemnation or purchase. Lots or yards created
after the effective date of this Chapter shall meet the minimum requirements
established herein.
b.
Applicability To All Uses. Unless otherwise specified in this
Chapter, all permitted uses and all conditional uses shall be subject
to the lot size requirements specified for a given district, unless
other minimum requirements are specified for such uses elsewhere in
this Chapter.
c.
Building Built On Two (2) Lots. A building constructed on a
site consisting of two (2) lots must be located on one (1) lot and
meet all applicable setbacks of that lot or the building must be constructed
over the common lot line, be on both lots and meet all applicable
setbacks.
d.
Lots Of Record Less Than Minimum Size. Any lot of record at
the time of the adoption of this Chapter which contains less lot area
or width than required in the district in which it is located may
be used for a use in such district provided that the lot has a minimum
width of seventy-five (75) feet. This provision shall not be construed
to permit more than one (1) dwelling unit on a lot with less lot area
per family than required for the district in which such lot is located.
e.
Use Of Lots In Single-Family Districts. In single-family (RS)
districts, every building hereafter erected or structurally altered
shall be located on a lot as herein defined and in no case shall there
be more than the principal building and the customary accessory buildings
on one (1) lot or parcel of land except as specifically permitted
by this Chapter.
2.
Minimum Yard Requirements.
a.
Generally. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this Chapter or as exempted in Section 405.163(2)(b) below. See Section 405.153 for rules for determining yards.
b.
Exemptions. The following structures shall be exempt from the minimum yard requirements set forth in this Chapter: underground utility equipment, flagpoles, regulation mailboxes, traffic signals, fire hydrants, light poles or any similar structure or device (see also Section 405.155, Yard Encroachments).
3.
Maximum Building Height. Maximum building height shall apply to all structures located in the zoning district except those buildings, structures and appurtenances specifically excluded in Section 405.150, Height Exceptions and Limitations, or specifically limited by another Section of this Chapter, including, but not limited to, Section 405.165(B).
4.
Access Required. No building shall be erected on any lot unless
such lot abuts, or has permanent easement of access to, a public or
private street.
[Ord. No. 18-12, 12-11-2018]
A.
Authorization. Accessory uses and structures are permitted in all
zoning districts as provided herein.
B.
Use Limitations.
1.
No accessory structure shall be built prior to the construction
of the principal building except for fences in residential and agricultural
zoning districts and except for accessory structures in the "AG" Agricultural
District.
2.
No accessory structure shall be occupied or utilized unless
the principal building to which it is accessory is occupied or utilized,
except for the use of accessory structures in the "AG" Agricultural
District.
3.
All accessory uses and structures shall comply with the use
limitations applicable in the zoning district in which located.
4.
No accessory structure shall be used as a dwelling.
5.
No accessory building or structure in the "RS-1/2" or "RS-1"
District shall have utility service that is separate from the primary
building (i.e., a separate utility bill).
6.
Carports are permitted accessory structures limited to the City's
non-single-family zoning districts and the "AG" Agricultural District.
Carports shall be prohibited in the City's single-family residential
zoning districts.
7.
All accessory buildings and structures shall comply with the following height and floor area regulations, except as provided in Section 405.150:
a.
No accessory buildings or structures shall exceed twenty (20)
feet in height in any "RS-1/2" District. No accessory building or
structure, or the combined floor area of all permitted accessory buildings
and structures, shall have a floor area exceeding ten percent (10%)
of the dwelling unit size of the principal building in a "RS-1/2"
District.
b.
No accessory building or structure shall exceed twenty (20)
feet in height in any "RS-1" District. No accessory building or structure,
or the combined floor area of all permitted accessory buildings and
structures, shall have a floor area exceeding forty percent (40%)
of the floor area of the principal building in a "RS-1" District.
c.
No accessory building or structure shall exceed twenty-five
(25) feet in height in any "RS-2" District except for barns and similar
agricultural-related accessory buildings which may be erected to a
height of thirty-five (35) feet. No accessory building or structure,
or the combined floor area of all permitted accessory buildings and
structures, shall have a floor area exceeding sixty percent (60%)
of the floor area of the principal building in a "RS-2" District.
d.
No accessory building or structure shall exceed twenty-five
(25) feet in height in any "RS-3" District except for barns and similar
agricultural-related accessory buildings which may be erected to a
height of forty (40) feet. No accessory building or structure, or
the combined floor area of all permitted accessory buildings and structures,
shall have a floor area exceeding one hundred percent (100%) of the
floor area of the principal building in a "RS-3" District.
e.
No accessory building or structure shall exceed forty (40) feet
in height in any "AG" District or "PR" residential lot of five (5)
acres or more.
f.
No accessory building or structure shall exceed twenty-five
(25) feet in height in any public/semi-public (SP), commercial (C)
or industrial (I) district.
g.
Accessory buildings and structures constructed on "PR" residential
lots shall conform to the requirements of the same, or next smaller,
lot size as defined in Subsection (B)(6)(a — e) above.
C.
Location.
1.
If an accessory-type building shares a structural wall with
a principal building, it shall be deemed to be a part of the principal
building and shall comply in all respects with the requirements of
this Chapter applicable to a principal building.
2.
If an accessory building is detached from the principal building,
it shall be located at least ten (10) feet from the principal building.
3.
Accessory buildings or sheds, not exceeding one hundred twenty
(120) square feet in floor area, may be located within a required
side or rear yard provided a minimum of ten (10) feet is maintained
from the side and rear property lines and the building is not located
within any existing easements.
4.
No accessory building or structure shall be located in the front
yard of a lot except for the following:
a.
Lots in the "AG" Agricultural District.
b.
Lots in the "PR" Planned Residential District that have a minimum
lot size of five (5) acres. Said lots must also meet at least one
(1) of the two (2) following requirements: the lot must have topographical
constraints and/or the placement of the accessory building or structure
in the front yard must provide significant land conservation benefits.
All proposed front yard accessory buildings or structures within the
"PR" Planned Residential District shall go before the Planning and
Zoning Commission and receive a favorable recommendation and then
to the Board of Aldermen for approval.
[Ord. No. 18-12, 12-11-2018]
On every corner lot, the triangle formed by the street lines
of such lot and a line drawn between points on such street lines which
are thirty (30) feet from the intersection of the lot line projections
shall be clear of any structure or planting of such nature and dimension
as to obstruct lateral vision; provided that this requirement shall
generally not apply to the trunk of a tree (but not branches or foliage)
or a post, column or similar structure which is no greater than one
(1) foot in cross section or diameter. Lateral vision shall be maintained
between a height of thirty (30) inches and ten (10) feet above the
average elevation of the existing surface of both streets measured
along the centerlines adjacent to the visibility triangle.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose And Intent. It is the purpose and intent of this Section
to permit the continuation of those lots, structures, uses, characteristics
of use or combinations thereof which were lawful before the passage
of this Chapter, but which would be prohibited, regulated or restricted
under the terms of this Chapter or future amendments. It is the further
purpose and intent of this Section to allow non-conforming lots, structures,
uses and characteristics of uses and combinations thereof to continue
subject to specific conditions or limitations.
B.
Continuation Of Non-Conformities. Non-conformities may be continued
so long as they remain otherwise lawful, subject to the remaining
provisions of this Section and the amortization provisions of other
applicable Sections of these Zoning Regulations.
C.
Expansion Or Change Of Non-Conformities.
1.
No non-conformity shall be enlarged or changed to a different
non-conformity, except upon a determination by the City Planner that
the change results in a lessening of the degree of non-conformity.
2.
Additions to non-conforming structures containing conforming
uses shall be permitted if the additions comply with setback and other
applicable site-related regulations.
3.
Additions to structures on a non-conforming lot, which are below
the threshold of a major site plan, may be permitted provided that
such addition is in conformance with all applicable laws and ordinances
of the City and does not create a non-conforming use or structure
or does not increase the existing site-related non-conformity. Any
addition exceeding the threshold for minor site plans shall require
all site-related non-conformities to be terminated and brought in
compliance with all applicable ordinances of the City.
D.
Repair Or Alteration Of Non-Conformities. Repairs, maintenance and
improvements of non-conformities may be carried out, provided that
such work does not increase the cubic content of the building or the
floor or ground area devoted to the non-conforming use or in any way
increases or creates a site-related non-conformity. The preceding
requirement does not prevent compliance with applicable laws or requirements
relative to the safety and sanitation of a building occupied by a
non-conforming use.
E.
Reconstruction Of Non-Conformities After Catastrophe. Any non-conforming
structure or use or establishment containing a site-related non-conformity
which is damaged by fire, flood, explosion, collapse, wind or other
catastrophe to such an extent that the cost of repair or reconstruction
will exceed fifty percent (50%) of the building's appraised value,
as shown on the County's tax assessment roll at the time of the damage,
shall be deemed to be terminated. No repair or reconstruction may
occur except when such repair or reconstruction results in the conversion
of the previous non-conformity to a conforming structure and/or use
or site. In the event that damage to a non-conformity may be repaired
by an investment of less than fifty percent (50%) of the appraised
value of the non-conformity as shown on the County's tax assessment
roll at the time of the damage, such repair shall be permitted and
the non-conformity may continue.
F.
Cessation Of Non-Conformities. Any non-conforming use of land, structure
or an establishment having a site-related non-conformity which ceases
operation for a continuous period of ninety (90) days or more or if
a non-conforming structure is removed for a continuous period of ninety
(90) days or more, all non-conformities shall be considered terminated
and shall not thereafter be re-established.
G.
Proof Of Non-Conformity. It shall be the responsibility of a property
owner to prove the existence of a legal non-conformity.
[Ord. No. 18-12, 12-11-2018]
A.
Allowed Administrative Permit Uses. Administrative permit uses shall be allowed if they meet all criteria contained in Section 405.220 of this Chapter.
B.
Application Procedure. Applicants for an administrative permit use shall submit an application and five (5) copies of a site plan to the City Copies of the site plan and application shall be forwarded to the Zoning Commissioner, the City Engineer, the City Planner and the City Stormwater Manager for review to determine compliance with the criteria in Section 405.220 of this Chapter. If all three (3) officials approve the site plan, the administrative permit shall be issued by the Zoning Commissioner. If any official denies the application, the application shall be considered denied.
C.
Appeal Procedure. If any application for an administrative permit
use is denied by one (1) or more appropriate City Official, the denial
may be appealed to the Planning and Zoning Commission.
D.
Telecommunications. In all residential zoning areas, utility pole-mounted
antennae may be allowed as an administrative permit use, but only
on existing utility poles.
[Ord. No. 18-12, 12-11-2018]
A.
Application Procedure. Any applicant for a temporary use permit shall
submit an application, fee and five (5) copies of a site plan to the
Zoning Commissioner. Copies of the site plan and application shall
be forwarded to the Zoning Commissioner, the City Engineer, the City
Planner and the City Stormwater Manager for review to determine compliance.
If all three (3) officials approve the site plan, the temporary use
permit shall be issued by the Zoning Commissioner. If any official
denies the application, the application shall be considered denied.
B.
Temporary Uses Permitted.
1.
Outdoor Display. The outdoor display of items at an existing
business is permitted in the "PC" Planned Commercial and "GC" the
General Commercial zoning districts for a maximum of fifteen (15)
days. In order for a temporary use permit application to be considered,
the applicant shall provide evidence on the site plan that the following
criteria will be met:
a.
The merchandise shall not be located in a right-of-way or on
any other public property.
b.
The area dedicated to the temporary outdoor display of merchandise
shall not occupy more than five (5) parking spaces or ten percent
(10%) of the parking spaces available on the site, whichever figure
is lower.
c.
Merchandise may be displayed on a sidewalk which is not located
within a public right-of-way, provided that the area of the sidewalk
available for pedestrian circulation shall not be reduced to less
than five (5) feet in width. This width shall be measured on a line
perpendicular to the edge of the curb.
d.
The merchandise must be arranged such that vehicular and pedestrian
circulation is not impeded and the merchandise is physically separated
from circulation aisles by temporary barriers.
e.
The area covered by the merchandise shall not exceed ten percent
(10%) of the gross floor area of the principal building on the site.
2.
Outdoor Seasonal Sales. The outdoor sale of seasonal items,
including, but not limited to, Christmas trees and pumpkins is permitted
in the "PC" Planned Commercial and "GC" the General Commercial zoning
districts for a maximum of thirty-five (35) days. In order for a temporary
use permit application to be considered, the applicant shall provide
evidence on the site plan that the following criteria will be met:
a.
The merchandise shall not be located in a right-of-way or on
any other public property.
b.
Specific arrangements shall be made for adequate parking and
such parking shall be approved by the Zoning Commissioner.
c.
Merchandise may be displayed on a sidewalk which is not located
within a public right-of-way provided that the area of the sidewalk
available for pedestrian circulation shall not be reduced to less
than five (5) feet in width. This width shall be measured on a line
perpendicular to the edge of the curb.
d.
The merchandise must be arranged such that vehicular and pedestrian
circulation is not impeded and the merchandise is physically separated
from circulation aisles by temporary barriers.
3.
Festivals, Circuses And Carnivals. Festivals, circuses, carnivals
and sidewalk sales are permitted in the "PC" Planned Commercial and
"GC" the General Commercial zoning districts for a maximum of ten
(10) days. In order for a temporary use permit application to be considered,
the applicant shall provide evidence on the site plan that the following
criteria will be met:
a.
Special consideration has been provided for any activity occurring
in a public right-of-way.
b.
The area dedicated to the event shall not occupy more than five
(5) parking spaces or ten percent (10%) of the parking spaces available
on the site, whichever figure is lower, unless arrangements for additional
parking on site or within five hundred (500) feet of the site are
specifically outlined by the applicant.
C.
Contractor's Office. Contractor's office and equipment sheds (containing
no living accommodations) accessory to a construction project shall
be allowed only during the duration of construction for such project.
Such use need not comply with yard and setback requirements of these
regulations, provided that a plan showing the proposed sales office
location and parking layout is approved by the Zoning Commissioner.
D.
Real Estate Offices. Real estate offices (containing no sleeping
or cooking accommodations unless located in a model dwelling unit)
incidental to a new housing development are allowed during the initial
sale or lease of the dwelling units in the development, as approved
by the Zoning Commissioner.
E.
Disasters. A mobile home may be permitted as a temporary use for
the purpose of providing a residential or non-residential structure
following a disaster such as a fire, windstorm or flood as determined
by the Mayor of the City of Weldon Spring, provided that the mobile
home is located on a three (3) acre site and is located to minimize
its impact on adjacent residential areas. Such mobile home shall be
removed from its location within six (6) months after its original
placement. However, the Mayor may extend the period six (6) additional
months upon showing of good cause by the owner.
F.
Residential Garage Sales. Residential garage sales are permitted
six (6) days per calendar year, per residential lot. The nature of
goods to be sold shall be personal property.
G.
Temporary Buildings For Commercial Purposes. The use of temporary
buildings for commercial purposes shall be allowed subject to the
following requirements:
1.
The commercial establishment proposing a temporary building
must have a site plan for the permanent facility approved by the Planning
and Zoning Commission prior to installation of the temporary building.
2.
The site plan must reflect the location of the temporary building
and associated improvements.
3.
The standards for site plan review of the permanent building
apply to the review of the temporary building.
4.
The temporary structure and area must comply with all Zoning,
Fire, Building Code regulations and State of Missouri Public Service
Commission regulations.
5.
The temporary facility must have sanitary sewer connections
for restrooms.
6.
The location of the temporary building must be reviewed and
approved by the City Planner, the City Engineer and the City Stormwater
Manager once the Planning and Zoning Commission has approved the temporary
building.
7.
The temporary building and associated parking, vehicular movement
and area must be completely separated from the construction area of
the permanent facility. This may be achieved through fencing or other
means to block public access to the construction site.
8.
A construction site plan permit and building permit must be
issued for the permanent structure prior to installation of the temporary
building.
9.
The temporary building will be allowed for a maximum of twelve
(12) months from the date of installation on the site, unless additional
time is approved, in writing, by the Planning and Zoning Commission.
10.
The temporary structure must have a finished appearance. If
a modular unit is used, it must have skirting around all sides.
11.
The temporary building must be located on the same site as the
permanent facility or on the property directly abutting the site of
the permanent facility.
12.
A monetary guarantee, not less than fifty thousand dollars ($50,000.00),
must be escrowed to insure removal of the temporary building and associated
improvements within the twelve (12) months. Said escrow funds shall
be returned within thirty (30) days of its removal, less any expense
incurred by the City of the removal of the temporary building.
H.
Temporary Dwelling Structures — Not Permitted. No cabin, garage,
cellar, basement or other temporary structure whether of a fixed or
moveable nature may be erected, altered, or moved upon or used in
whole or in part for any dwelling purposes whatsoever for any length
of time whatsoever.
[Ord. No. 18-12, 12-11-2018]
A.
Allowances In "RS-1/2" Or "PR" Districts. In the "RS-1/2" and "PR"
zoning districts, up to three (3) dogs over the age of four (4) months
or up to three (3) rabbits over the age of four (4) months or up to
three (3) cats over the age of four (4) months or up to three (3)
other domestic animals over the age of four (4) months or a combination
of not more than three (3) dogs, rabbits, cats or other similar size
domestic animals over the age of four (4) months may be kept as pets
by the occupant(s) of a dwelling. These animals may not be used or
kept for commercial or retail purposes or as to cause a public nuisance.
B.
Allowances In Large Lot Zoning Districts. In the "AG," "RS-3," "RS-2"
and "RS-1" zoning districts, the number of domestic animals that may
be kept shall be limited to three (3) over the age of four (4) months
per acre of land. Kennels providing shelter for more than three (3)
dogs shall be set back a minimum of seventy-five (75) feet from any
property line.
C.
Horses. Horses may be kept in the "AG," "RS-3," "RS-2," "RS-1," "RS-1/2"
and "PR" zoning districts on lots of at least two (2) acres. The number
of horses shall be limited to one (1) horse per acre of land. Stables
for horses shall be set back a minimum of seventy-five (75) feet from
any property line.
D.
Livestock. Livestock may be kept in the "AG" District. Livestock
shall be contained within fences to ensure that animals may not be
closer than fifty (50) feet to any abutting residentially zoned property
and that structures providing shelter for livestock are at least seventy-five
(75) feet from any property line.
E.
Bee Keeping. Bee keeping is permitted on any residential lot of at
least one (1) acre; however, hives must be set back at least fifty
(50) feet from all property lines.
[Ord. No. 18-12, 12-11-2018]
A.
It is understood by the Mayor and Board of Aldermen of the City of
Weldon Spring, Missouri, that adult entertainment establishments are
hereby acknowledged to have special characteristics and impacts upon
their surroundings and upon the use and enjoyment of adjacent property.
It is the intent of these regulations to provide for the confinement
of adult entertainment establishments to those areas in which these
special impacts are judged to be least disruptive to the use and enjoyment
of adjacent properties. These regulations are further intended to
require that adult entertainment establishments shall not be permitted
in such concentration that their operational features may establish
a dominant character of any area where said uses are permitted by
law. Furthermore, reasonable zoning location and requirements regulations
are further intended to protect and balance lawful rights of expression
with other lawful rights to the enjoyment and use of property. Adult
entertainment uses are recognized as those having serious objectionable
characteristics, thereby having a deleterious effect upon adjacent
areas, which could contribute to blight or degradation of the surrounding
neighborhood. The special regulation of adult entertainment establishments
is necessary to ensure that the adverse effects of such uses will
not contribute to the blighting and downgrading of surrounding neighborhoods,
whether residential or non-residential, by location or concentration
to protect the health, safety, welfare, and morals of the community.
B.
Adult entertainment establishments, as defined in Chapter 610 of the Municipal Code of the City of Weldon Spring, Missouri, are authorized only in areas zoned "L-1" Light Industrial District and shall be subject to the requirements of Section 405.120 of the Municipal Code of the City of Weldon Spring, Missouri.
C.
Adult entertainment establishments, as defined in Chapter 610 of the Municipal Code of the City of Weldon Spring, Missouri, shall not be located within one thousand two hundred (1,200) feet of any residential zone, single- or multiple-family dwelling, church, public park, school or highway right-of-way. Such distance shall be measured in a straight line, from property line to property line, without regard for intervening properties. The structure of the adult entertainment establishment shall be designed in such a fashion so that all openings, entries and windows prevent view into the building from the outside.
D.
The structure in which an adult entertainment establishment, as defined in Chapter 610 of the Municipal Code of the City of Weldon Spring, Missouri, is located shall not display any explicit sexual material, merchandise or pictures of products or entertainment in window areas or any area where such merchandise or pictures can be viewed from any street or sidewalk of the building.
[Ord. No. 18-12, 12-11-2018]
A.
In addition to all other pertinent and applicable regulations, the
following special conditions shall apply to retail tobacco, vapor/electronic
cigarette, and hookah stores, bars, or lounges:
1.
No tobacco, hookah, or vapor/electronic cigarette stores, bars,
or lounges shall be permitted within seven hundred fifty (750) feet
of any property zoned and/or used for residential, eleemosynary, religious,
school, or public use. Such distance shall be measured in a straight
line without regard to intervening properties from the closest exterior
structural wall of the establishment to the closest point on any property
line of the residential, eleemosynary use, religious institution,
school, public building or public park.
2.
No tobacco, hookah, or vapor/electronic cigarette store, bar,
or lounge shall be allowed to locate or expand within seven hundred
fifty (750) feet of any other such business or establishment. The
distance between any two (2) such stores or similar use shall be measured
in a straight line without regard to intervening structures from the
closest exterior structural wall of each business.
3.
Off-street parking shall be provided pursuant to the City Code.
4.
Lighting of the parking area shall conform to the requirements
of the City Code.
[Ord. No. 18-12, 12-11-2018]
On the effective date of this Chapter, all mobile homes and
manufactured homes within the City are declared non-conforming uses.
[Ord. No. 18-12, 12-11-2018]
A.
Residential (R) Zoning Districts. All refuse generated by any establishment
or residence located within a residential (R) district shall be stored
in covered containers. Trash containers shall not be located in a
front yard. Any trash containers or dumpster exceeding one hundred
(100) gallon capacity shall be located within a building or surrounded
by a fence.
B.
Non-Residential Zoning Districts. All refuse generated by any establishment
within a non-residential district shall be stored in tightly covered
containers and placed in a visually screened area. Trash containers
or dumpsters shall be located within a building or within an enclosed
structure surrounded by six (6) foot high walls. Such trash enclosures
shall not be located in the front yard of any lot and shall be located
next to a parking lot rather than within a parking lot.
[Ord. No. 18-12, 12-11-2018]
A.
No swimming pool, whether public or private, shall be located in
a front yard or closer than ten (10) feet to any lot line or dwelling.
B.
Swimming pools, spas, and hot tubs must be enclosed by fences or
other barriers per the International Residential Code, which has been
adopted by the City, by means of adopting the County Code.
[Ord. No. 18-12, 12-11-2018]
A.
Notwithstanding any other provision of this Chapter, all structures
shall maintain the minimum setback from the centerline of major roads
as listed below. For Highway 94, this setback shall be measured from
the centerline of the right-of-way. For all other roads, this setback
shall be measured from the centerline of the pavement. Specific setbacks
are as follows:
|
Cedar Glen Drive
|
60 feet
|
|
Cedar Glen
|
60 feet
|
|
Highway 94
|
120 feet
|
|
Independence Road
|
60 feet
|
|
Nancy Lane
|
60 feet
|
|
O'Fallon Road
|
60 feet
|
|
Old Highway 94
|
60 feet
|
|
Pitman Hill Road
|
60 feet
|
|
Sammelman Road
|
60 feet
|
|
Siedentop Road
|
60 feet
|
|
South Breeze Drive
|
60 feet
|
|
Technology Drive
|
100 feet
|
|
Village Center Roadway
|
100 feet
|
|
Weldon Spring Parkway
|
60 feet
|
|
Weldon Spring Road
|
60 feet
|
|
Westwood Road
|
60 feet
|
|
Wolfrum Road
|
60 feet
|
B.
All buildings shall maintain a minimum setback of sixty (60) feet
from the centerline of the right-of-way of any other proposed thoroughfare
as indicated on the thoroughfare plan in the City's Comprehensive
Plan.
C.
Exceptions. For any lot created within three (3) years prior to the effective date of these Zoning Regulations, the Board of Adjustment, upon request of the property owner of such lot, may grant an exception to reduce the required setback set forth in Section 405.205(A) of up to five (5) feet.
