RESIDENTIAL DISTRICTS
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A1" twenty thousand square foot residence district.
Permitted, conditional and accessory uses are found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1956 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than 12 feet; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than twelve feet may be enlarged, provided any addition is no closer to the side property line than 12 percent of the lot width at the front yard setback and is not reduced to less than five feet.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard setback of not less than 20 percent of the depth of the lot provided such rear yard setback need not exceed 40 feet but it shall not be less than 30 feet.
e.
Intensity of use. Every lot or tract of land shall have an area of not less than 20,000 square feet, a width at the front yard setback of not less than 100 feet, and an average width of not less than 100 feet, except that if a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than herein required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the, applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots:
1.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
2.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in section 53.170 et seq.
g.
Lot coverage.
1.
A maximum floor area ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms, window wells and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space. In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for r institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two-story buildings, and 50 feet for three story buildings.
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 8967, §1, 6-20-2017; Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170 et seq. and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed three square feet;
b.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
c.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
d.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
e.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
f.
The definitions contained in chapter 54 of the Code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental. Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No more than two rooms of the residence shall be used for the short term rental guest use.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short term rental location as his/her permanent residence and shall reside on the premises at all times that a short term rental guest is registered.
3.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
5.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
6.
No food preparation capabilities shall be provided in the guest rooms.
7.
The short term rental facility shall appear at all times as a single family residence and no identification signage of any kind shall be located on the premises.
8.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application.
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum area requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the zone in which it is located.
2.
No signage permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult or child day care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service hours such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult of child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, § 1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the certificate of occupancy required under chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.047
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A2" fifteen thousand square foot residence district.
Permitted, conditional and accessory uses are found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1965 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than ten feet; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than ten feet may be enlarged, provided any addition is no closer to the side property line than 12 percent of the lot width at the front yard setback and is not reduced to less than five feet.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 40 feet but it shall not be less than 30 feet.
e.
Intensity of use. Every lot or tract of land shall have an area of not less than 15,000 square feet, a width at the front yard setback of not less than 80 feet, and an average width of not less than 80 feet, except that if a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than herein required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the, applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots:
1.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
2.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in 53.170.
g.
Lot coverage.
1.
A maximum floor area ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots but less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms, window wells and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space.
1.
In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two story buildings, and 50 feet for three story buildings
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 8967, §1, 6-20-2017; Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170. et seq. and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed three square feet;
b.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
c.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
d.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
e.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
f.
The definitions contained in chapter 54 of the Code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental. Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No more than two rooms of the residence shall be used for the short term rental guest use.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short term rental location as his/her permanent residence and shall reside on the premises at all times that a short term rental guest is registered.
3.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
5.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
6.
No food preparation capabilities shall be provided in the guest rooms.
7.
The short term rental facility shall appear at all times as a single family residence and no identification signage of any kind shall be located on the premises.
8.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application;
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum area requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the zone in which it is located.
2.
No signage is permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult or child day care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service of hours for such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult of child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional s caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of more than eight persons with a disability are permitted under requirements specified in section 53.170 et seq.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, §1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the certificate of occupancy required under chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.057
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A3" ten thousand square foot residence district.
Permitted, conditional and accessory uses are found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1956 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than eight feet for residential structures and ten feet for nonresidential structures; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than eight feet may be enlarged, provided any addition is no closer to the side property line than 12 percent of the lot width at the front yard setback and is not reduced to less than five feet.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 40 feet but it shall not be less than 30 feet.
e.
Intensity of use. Every lot shall have an area of not less than 10,000 square feet, a width at the front yard setback of not less than 70 feet, and an average width of not less than 70 feet, except that if a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than herein required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the, applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots:
1.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
2.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in section 53.170.
g.
Lot coverage.
1.
A maximum floor area ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms, window wells and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space.
1.
In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two story buildings, and 50 feet for three story buildings.
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 8967, §1, 6-20-2017; Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170 and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed three square feet;
b.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
c.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
d.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
e.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
f.
The definitions contained in chapter 54 of the code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental.
1.
Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
2.
No more than two rooms of the residence shall be used for the short-term rental guest use.
3.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short-term rental location as his/her permanent residence and shall reside on the premises at all times that a short-term rental guest is registered.
4.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
5.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
6.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
7.
No food preparation capabilities shall be provided in the guest rooms.
8.
The short term rental facility shall appear at all times as a single-family residence and no identification signage of any kind shall be located on the premises.
9.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
10.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application;
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum area requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the one in which it is located
2.
No signage is permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult or child care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult of child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of more than eight disabled with a disability are permitted under requirements specified in section 53.170 et seq.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, §1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the certificate of occupancy required under chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.067.
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A4" seventy-five hundred square foot residence district.
Permitted, conditional and accessory uses found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 28 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1956 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than six feet for residential structures and ten feet for nonresidential structures; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than six feet may be enlarged, provided any addition is no closer to the side property line than ten percent of the lot width at the front yard setback and is not reduced to less than five feet.
3.
For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one building occupying one lot.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 35 feet, but shall not be less than 25 feet.
e.
Intensity of use. Every lot or tract of land shall have an area of not less than 7,500 square feet, a width at the front yard setback of not less than 60 feet, and an average width of not less than 60 feet, and contain the following areas:
1.
Seven thousand five hundred square feet for a single-family dwelling.
2.
Three thousand seven hundred fifty square feet per family for a two family dwelling.
3.
Where the lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots.
A.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
B.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in section 53.170.
g.
Lot coverage.
1.
A maximum Floor Area Ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space.
1.
In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one-story buildings, 40 feet for two-story buildings, and 50 feet for three-story buildings.
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170. et seq. and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
1.
The sign area shall not exceed three square feet;
2.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
3.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
4.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
5.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
6.
The definitions contained in chapter 54 of the Code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental. Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No more than two rooms of the residence shall be used for the short term rental guest use.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short term rental location as his/her permanent residence and shall reside on the premises at all times that a short term rental guest is registered.
3.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
5.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
6.
No food preparation capabilities shall be provided in the guest rooms.
7.
The short term rental facility shall appear at all times as a single family residence and no identification signage of any kind shall be located on the premises.
8.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application.
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum are requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the zone in which it is located.
2.
No signage is permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult of child day care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult or child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of more than eight persons with a disability are permitted under requirements specified in section 53.170 et seq.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, §1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the Certificate of Occupancy required under Chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.077.
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
(Ord. No. 8851, 1-6-2015)
Permitted, conditional and accessory uses are found in the chart below. Conditional uses are permitted under requirements specified in section 53.170 et seq.
(Ord. No. 9038, §1, 10-16-2018; Ord. No. 9074, §1, 7-16-2019)
RESIDENTIAL DISTRICTS
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A1" twenty thousand square foot residence district.
Permitted, conditional and accessory uses are found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1956 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than 12 feet; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than twelve feet may be enlarged, provided any addition is no closer to the side property line than 12 percent of the lot width at the front yard setback and is not reduced to less than five feet.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard setback of not less than 20 percent of the depth of the lot provided such rear yard setback need not exceed 40 feet but it shall not be less than 30 feet.
e.
Intensity of use. Every lot or tract of land shall have an area of not less than 20,000 square feet, a width at the front yard setback of not less than 100 feet, and an average width of not less than 100 feet, except that if a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than herein required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the, applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots:
1.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
2.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in section 53.170 et seq.
g.
Lot coverage.
1.
A maximum floor area ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms, window wells and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space. In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for r institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two-story buildings, and 50 feet for three story buildings.
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 8967, §1, 6-20-2017; Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170 et seq. and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed three square feet;
b.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
c.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
d.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
e.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
f.
The definitions contained in chapter 54 of the Code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental. Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No more than two rooms of the residence shall be used for the short term rental guest use.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short term rental location as his/her permanent residence and shall reside on the premises at all times that a short term rental guest is registered.
3.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
5.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
6.
No food preparation capabilities shall be provided in the guest rooms.
7.
The short term rental facility shall appear at all times as a single family residence and no identification signage of any kind shall be located on the premises.
8.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application.
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum area requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the zone in which it is located.
2.
No signage permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult or child day care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service hours such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult of child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, § 1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the certificate of occupancy required under chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.047
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A2" fifteen thousand square foot residence district.
Permitted, conditional and accessory uses are found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1965 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than ten feet; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than ten feet may be enlarged, provided any addition is no closer to the side property line than 12 percent of the lot width at the front yard setback and is not reduced to less than five feet.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 40 feet but it shall not be less than 30 feet.
e.
Intensity of use. Every lot or tract of land shall have an area of not less than 15,000 square feet, a width at the front yard setback of not less than 80 feet, and an average width of not less than 80 feet, except that if a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than herein required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the, applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots:
1.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
2.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in 53.170.
g.
Lot coverage.
1.
A maximum floor area ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots but less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms, window wells and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space.
1.
In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two story buildings, and 50 feet for three story buildings
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 8967, §1, 6-20-2017; Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170. et seq. and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed three square feet;
b.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
c.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
d.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
e.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
f.
The definitions contained in chapter 54 of the Code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental. Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No more than two rooms of the residence shall be used for the short term rental guest use.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short term rental location as his/her permanent residence and shall reside on the premises at all times that a short term rental guest is registered.
3.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
5.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
6.
No food preparation capabilities shall be provided in the guest rooms.
7.
The short term rental facility shall appear at all times as a single family residence and no identification signage of any kind shall be located on the premises.
8.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application;
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum area requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the zone in which it is located.
2.
No signage is permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult or child day care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service of hours for such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult of child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional s caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of more than eight persons with a disability are permitted under requirements specified in section 53.170 et seq.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, §1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the certificate of occupancy required under chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.057
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A3" ten thousand square foot residence district.
Permitted, conditional and accessory uses are found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 35 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1956 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than eight feet for residential structures and ten feet for nonresidential structures; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than eight feet may be enlarged, provided any addition is no closer to the side property line than 12 percent of the lot width at the front yard setback and is not reduced to less than five feet.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 40 feet but it shall not be less than 30 feet.
e.
Intensity of use. Every lot shall have an area of not less than 10,000 square feet, a width at the front yard setback of not less than 70 feet, and an average width of not less than 70 feet, except that if a lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than herein required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the, applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots:
1.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
2.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in section 53.170.
g.
Lot coverage.
1.
A maximum floor area ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms, window wells and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space.
1.
In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two story buildings, and 50 feet for three story buildings.
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 8967, §1, 6-20-2017; Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170 and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
a.
The sign area shall not exceed three square feet;
b.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
c.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
d.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
e.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
f.
The definitions contained in chapter 54 of the code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental.
1.
Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
2.
No more than two rooms of the residence shall be used for the short-term rental guest use.
3.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short-term rental location as his/her permanent residence and shall reside on the premises at all times that a short-term rental guest is registered.
4.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
5.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
6.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
7.
No food preparation capabilities shall be provided in the guest rooms.
8.
The short term rental facility shall appear at all times as a single-family residence and no identification signage of any kind shall be located on the premises.
9.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
10.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application;
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum area requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the one in which it is located
2.
No signage is permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult or child care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult of child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of more than eight disabled with a disability are permitted under requirements specified in section 53.170 et seq.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, §1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the certificate of occupancy required under chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.067.
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the district regulations in the "A4" seventy-five hundred square foot residence district.
Permitted, conditional and accessory uses found in section 53.100 of this article.
(Ord. No. 9038, §1, 10-16-2018)
Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in section 53.180 of the City of Webster Groves Code.
a.
Height.
1.
No building shall exceed two and one-half stories nor shall it exceed 35 feet in height.
2.
For additions to existing structures, if the pre-construction differential between the highest and lower grade elevation around the perimeter of the structure exceeds eight vertical feet, then the allowable height of exposure can be increased by two feet and the basement will not be counted as a story in the height regulations.
3.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, wireless towers, grain elevators, or necessary mechanical appurtenances, may be erected to a height in accordance with this zoning code and existing or hereafter adopted ordinances of the city.
4.
Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district, but such buildings shall not exceed the number of feet of building height permitted.
5.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b.
Front yard setback.
1.
Lots that have been legally platted with an established front yard setback shall follow the recorded setback.
2.
For lots that have no recorded front yard setback and are located on a block occupied with two or more buildings, then the minimum front yard setback shall be established in the following manner:
A.
If the lot or the existing building in question is located within 100 feet of a building on either side, the depth of the front yard for that lot or existing building shall be the average of the front yard setbacks of these two adjacent buildings. If the average creates a setback that is more than 25 percent of the depth of the lot in question, the setback will be established by the adjacent building located closest to the right of way; or
B.
When a lot or existing building is within 100 feet of an existing building on one side only, then the front yard setback is the same as the front yard setback of the adjacent building; or
C.
When neither paragraphs A. or B. above are the case, the front yard setback shall be 30 feet; or
D.
Except as set forth in subsection f. (uses allowed by conditional use permit) below, setbacks can be established through the conditional use permit process.
3.
Where lots have a double frontage, the required front yard setback shall be provided on both streets.
4.
Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record need not be reduced to less than 28 feet, except where necessary to provide a yard along the side street with a setback of not less than six feet. No accessory building shall project beyond the front yard setback on either street.
5.
A dwelling that existed as of September 20, 1956 may be enlarged, provided the proposed addition does not extend into any required front yard setback a distance greater than the original dwelling structure.
6.
An open unenclosed porch or paved terrace may project into a required front yard setback for a distance not exceeding ten feet. For structures existing as of September 20, 1956, the ten feet shall be measured from the original dwelling structure.
c.
Side yard setback. The minimum side yard setback shall be established in the following manner:
1.
There shall be a side yard on each side of the building having a width of not less than six feet for residential structures and ten feet for nonresidential structures; or
2.
Residential structures existing as of September 20, 1956 which are closer to the side property line than six feet may be enlarged, provided any addition is no closer to the side property line than ten percent of the lot width at the front yard setback and is not reduced to less than five feet.
3.
For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one building occupying one lot.
d.
Rear yard setback. Except as hereinafter provided in section 53.170 et seq., there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided such rear yard need not exceed 35 feet, but shall not be less than 25 feet.
e.
Intensity of use. Every lot or tract of land shall have an area of not less than 7,500 square feet, a width at the front yard setback of not less than 60 feet, and an average width of not less than 60 feet, and contain the following areas:
1.
Seven thousand five hundred square feet for a single-family dwelling.
2.
Three thousand seven hundred fifty square feet per family for a two family dwelling.
3.
Where the lot or tract of record has less area or width than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of Ordinance 5906, such lot or tract of land may be used for a single family dwelling. Provided, however, that any lot of record of less area or width than required which does not fall within the exception hereinabove provided in this paragraph, but which conforms in both area and width with at least 75 percent of all the lots, including the lot or lots in issue, on both sides of the street in the same block, may be used for a single family dwelling. In determining the applicability of this exception, the following rules shall govern the calculation of the area, width and number of lots.
A.
All contiguous lots or portions of lots under the same ownership shall be deemed one lot and contiguous lots or portions thereof held by any combination of husband and/or wife shall be deemed the same ownership.
B.
Where the distance between street crossings or street intersections is greater on one side of a street than on the other side, the distance on the short side shall be deemed a block.
f.
Uses allowed by conditional use permit shall have front, side, and rear yards setbacks as approved for the specific development of a conditional use, as prescribed in section 53.170.
g.
Lot coverage.
1.
A maximum Floor Area Ratio (FAR) for a single-family detached or attached dwelling shall not exceed:
A.
Reserved;
B.
For lots less than 10,000 square feet, 0.32;
C.
For lots 10,000 square feet or greater but less than 20,000 square feet, 0.30 or 3,200 square feet, whichever is greater;
D.
For lots 20,000 square feet or greater in area, 0.25 or 6,000 square feet, whichever is greater;
2.
Total ground area covered by all buildings, including accessory buildings, shall not exceed 40 percent of the lot size.
3.
The architectural review board (ARB) may approve construction of a new detached single-family dwelling, or addition to an existing detached single-family dwelling resulting in a floor area ratio (FAR) of up to 40 percent if the ARB concludes that the construction will not result in a dwelling with excessive and unreasonable dissimilarity or inappropriateness in relation to any other single-family dwellings existing or for which a permit has been issued, within 150 feet of the proposed site in respect to one or more of the following features:
A.
Gross floor area.
B.
Height of building or height of roof.
C.
Front elevation building width or percentage of lot width occupied by the building.
D.
Other significant design features such as roof lines, massing, elevation articulation, and material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse affect on the stability and value of surrounding property, and that finding is not based on personal preferences as to taste or choice of architectural style.
h.
Yard projections.
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
2.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground shall have a setback of three feet from the adjacent side lot lines.
3.
Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building inspector for a distance of not more than three and one-half feet and where the same is so placed as not obstruct light and ventilation.
i.
Retaining walls.
1.
Any retaining wall that is six feet in height or greater and used to elevate a site above the finished grade of a neighboring property shall be located within the buildable area of the lot.
2.
Any retaining wall that is greater than three feet in height, and less than six feet, and used to elevate a site above the finished grade of a neighboring property shall have a setback of five feet from a side or rear property line.
j.
Open space.
1.
In the event that a lot or tract is to be occupied by a group of two or more related buildings to be used for institutional purposes, there may be more than one main building on the lot, provided, however, that the open space between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one-story buildings, 40 feet for two-story buildings, and 50 feet for three-story buildings.
k.
Preservation of existing grade.
1.
The finished first floor elevation at the front façade shall not exceed by more than one foot the average finished first floor elevation at the front façade of adjacent properties with frontage on the same street.
2.
When the allowed finished floor elevation of a new residential structure exceeds the finished floor of an adjacent residential structure by more than three feet, the side yard setback of the new structure shall be increased by one foot for every six inches the new structure's finished floor sits above the adjacent lower structure. This increased side yard setback shall only apply to the side adjacent to the lower structure.
3.
The director of planning and development may approve variations from the above upon finding that the proposed variation is necessary to adequately address issues including, but not limited to, storm water runoff, sanitary sewer, and the general welfare of the community.
(Ord. No. 9146, § 1(Exh. A), 5-4-2021)
The purpose of this section is to establish standards for short term rentals in order to safeguard the peace, safety and general welfare of neighborhoods within the city by minimizing negative secondary affects related to short term rentals including excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse.
a.
Type one short term rental: Bed and breakfast facilities. Bed and breakfast facilities, shall be permitted upon meeting the conditions below, and upon compliance with the provisions of section 53.170. et seq. and the issuance of a business license as provided in the Code. In making their determination whether or not approval of the application will have a detrimental effect upon the character of the neighborhood, the plan commission and city council shall specifically consider the proximity of other bed and breakfast facilities to the applicant's proposed location and the detrimental effect two or more such facilities in close proximity to each other could have upon the residential character of the neighborhood. To protect these residential districts, the conditional use permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No less than 50 percent of the habitable space of the residence shall be for the exclusive use of the resident owner.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the B&B facility as his permanent residence and shall reside on the premises at all times that a B&B guest is registered.
3.
The maximum number of guests at any one time may not exceed eight but in no event may be residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
A B&B facility may not permit a guest to remain longer than 14 consecutive days, nor may it permit the same guest to reside within the facility more than a total of 30 days per calendar year.
5.
The B&B facility shall provide off street parking in a garage or surface spaces in the rear or side yard in the ratio of one space per guest room plus one space for the owner/manager. While the ratios may be adjusted at the time the conditional use is issued, the B&B facility must comply with the design and performance standards found in section 53.170 et seq., particularly as they relate to parking.
6.
The B&B facility may provide meals only to its guests and under no circumstances to members of the general public. No food preparation capabilities shall be provided in the guest rooms.
7.
The B&B facility shall appear at all times as a single family residence.
8.
The B&B facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The B&B facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
10.
A bed and breakfast may place one, and only one, identification sign on its premises so long as it meets the following conditions:
1.
The sign area shall not exceed three square feet;
2.
If illuminated, the light source must be external and provided by a light no greater in intensity than provided by one standard 50-watt electric light bulb;
3.
The top of the sign may be no more than three feet above grade, except if attached to the front of the bed and breakfast;
4.
The sign must be designed and constructed of materials consistent with the design and materials of the house;
5.
The owner of the bed and breakfast must obtain a permit in accordance with the provisions of section 54.040 of the Code, as amended; and
6.
The definitions contained in chapter 54 of the Code as amended, shall govern all applications for a bed and breakfast identification sign.
b.
Type two short term rental. Type two short term rentals shall be permitted upon meeting the conditions below, and the issuance of a business license as provide in the Code. To protect the residential districts in which they are located, the short term rental permit shall be revocable upon failure to abide by the conditions of the permit.
1.
No more than two rooms of the residence shall be used for the short term rental guest use.
2.
The owner of the residence to whom an occupancy permit has been issued shall maintain the short term rental location as his/her permanent residence and shall reside on the premises at all times that a short term rental guest is registered.
3.
The maximum number of guests at any one time may not exceed four but in no event may the residence be utilized for a number of individuals in excess of that number permitted by the applicable housing code provisions of the city.
4.
Short term rentals guests may not remain longer than 14 consecutive days, nor may it the same guest reside within the facility more than a total of 30 days per calendar year.
5.
The short term rental facility shall provide off street parking in a garage or surface spaces in a rear or side yard in the ratio of one space per guest room plus one space for the owner/operator.
6.
No food preparation capabilities shall be provided in the guest rooms.
7.
The short term rental facility shall appear at all times as a single family residence and no identification signage of any kind shall be located on the premises.
8.
The short term rental facility must not generate activity or noise inimical to the character of a residential district nor permit it to fall below the standards of the city's housing code.
9.
The short term rental facility shall be required to be inspected annually for an occupancy permit, such inspection to be performed by the city with fee additional to that charged for the annual business license.
c.
Short term rental notification requirements.
1.
A packet of information with each short term rental permit will be provided upon approval of the permitted location. The packet will include the following:
a.
The name and contact information of the responsible contact designated in the application.
b.
Occupancy limits applicable to the property;
c.
Restrictions on noise applicable under the city's housing code, including limitations on the use of amplified sound;
d.
Parking restrictions;
e.
Trash collection schedule;
f.
Information on applicable requirements of the Americans with Disabilities Act;
g.
Other guidelines and requirements applicable to short term rental uses.
2.
The owner or operator of the short term rental must provide renters a copy of the information listed in section c.1. above and post the packet conspicuously in the rental rooms.
3.
The city shall mail notice of the contact information for the responsible contact for all properties within 300 feet of the short term rental use at the owner or operator's expense.
(Ord. No. 8981, §1, 5-2-2017)
Hospitals, clinics and institutions.
1.
Such buildings and accessory structures shall not be located upon sites containing an area of less than eight acres;
2.
They may not occupy over 20 percent of the total area of the lot or tract;
3.
All buildings including accessory structures shall be set back from all required front, side, rear yard lines a distance of not less than two feet for each foot of building height; and
4.
Off-street parking facilities shall be, provided upon the premises adequate to accommodate the cars of employees and visitors.
a.
General standards. The following standards shall be applicable to all day care or group living uses:
1.
The lot meets the minimum are requirements, minimum width requirements at the front yard setback line, and minimum average width requirements for the zone in which it is located.
2.
No signage is permitted.
3.
Off-street parking shall be provided for the owner/operator plus any employee and anyone parking for more than two hours.
b.
Adult of child day care homes.
1.
The care of four or less children who are not members of the householder's family in a dwelling requires a business license for a home occupation. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the day care use must be reviewed and approved through a conditional use permit procedure under the requirements of section 53.170 et seq. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
2.
Child day care home uses which provide care for more than four but no more than ten children who are not members of the householder's family and adult day care home uses which provide care for no more than eight adults are permitted under requirements specified in section 53.170 et seq. Should medical care, therapy, or other services which require the presence on site of an additional care provider or specialist be requested, the additional uses may be reviewed and approved through the conditional use permit procedure. The city plan commission can impose conditions on additional parking and limitation on service hours for such uses as it determines necessary.
3.
The owner or lessee of a dwelling to whom an occupancy permit has been issued shall maintain the day care home premises as his or her permanent residence and shall physically occupy the premises at all times that the premises is used to provide a day care program for children or adults who are not members of the householder's family.
4.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
c.
Adult or child day care centers.
1.
All child day care center or adult day care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Hours of operation shall not exceed 6:00 a.m. to 8:00 p.m.
d.
Group care home.
1.
Group homes shall follow the maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
2.
Group care homes for occupancy of eight or fewer persons with a disability with up to two additional residents acting as caregivers, are considered a household. The number of additional caregivers can be increased with an equal decrease in the number of persons with a disability.
3.
Group care homes for occupancy of more than eight persons with a disability are permitted under requirements specified in section 53.170 et seq.
e.
Residential care center.
1.
All residential care center uses are permitted under requirements specified in section 53.170 et seq.
2.
Residential care centers shall follow maximum occupancy levels of all residential structures as determined by Section 404 Occupancy Limitations of the Code of Webster Groves.
(Ord. No. 9058, §1, 3-19-2019)
a.
The plan commission and the city council may permit the use upon the lot containing the main use or within 300 feet of said lot, provided that the plan commission shall not favorably recommend, nor shall the city council approve any application for use of an accessory use parking lot or area in any residential district which would permit parking in a required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood.
b.
Permit no parking within six feet of the rear or side lot line(s);
c.
Pave the permitted parking area with bituminous, concrete or equivalent surfacing, clearly marked and containing entrances and exists, satisfactory to the city;
d.
Prohibit the use of such parking area for any purpose other than the parking of motor vehicles;
e.
Install and regulate lighting in such manner that said lighting will not adversely affect residences; and
f.
Install, plant and maintain shrubs, borders or fences, or any combination thereof sufficient to screen, to the satisfaction of the city, the lot or area from nearby residences.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
b.
No garage or carport, attached or detached, shall be used for or converted to habitable or dwelling space, unless it is demonstrated the required off street parking regulations for the applicable zoning district will be complied with.
c.
No accessory uses shall be permitted that create a nuisance, as defined in the Code of the City of Webster Groves, to adjacent or nearby residents.
d.
No accessory building or structure may be used as living accommodations, except for members of the family residing as a single housekeeping unit in the main building or for persons employed for domestic services exclusively for residents of the main building. Under no circumstances shall more than two people occupy any accessory building or structure as living accommodations. No person shall occupy, or permit the occupancy of any accessory building or structure as living accommodations to the extent permitted by this subsection until a certificate of occupancy has been issued when occupancy complies with this subsection and with all applicable provisions of the Code of the City of Webster Groves and shall be issued in the same manner as, and in addition to, the Certificate of Occupancy required under Chapter 30 for the occupancy of any dwelling or dwelling unit.
e.
No accessory building or structure shall be used as rental property or for the conduct of any business, other than a home occupation, as defined in the Code of the City of Webster Groves.
f.
No accessory building that is not a part of the main structure shall be located less than 60 feet from the front lot line. On corner lots, no accessory building shall project beyond the front yard line on either street, provided that every application for a parking lot qualifying as an "accessory use," as defined in section 53.020, shall be subject to all the provisions of section 53.077.
g.
One detached private garage with a ground floor area of up to 40 percent of the gross floor area of the primary structure is allowed. Notwithstanding the size of the primary structure, the ground floor area of a garage may be up to 480 square feet, but shall not exceed 960 square feet. The height of a private garage to its ridge line may not be greater than the ridge line of the primary structure or one and one-half stories, whichever is less. The floor area of any half story may not exceed 50 percent of the private garage ground floor area. One private garage attached to, and part of, the primary structure, not exceeding 1,000 square feet as measured by interior dimensions, is allowed subject to all building and setback requirements of the primary structure.
h.
In addition to one detached private garage, one additional detached accessory building may be built in the rear yard with a ground floor area of up to 12 percent of the gross floor area of the primary structure. Notwithstanding the size of the primary structure, the ground floor area of such an accessory building may be up to 144 square feet, but shall not exceed 288 square feet. The height of the accessory building to its ridge line may not be greater than the ridge line of the primary structure or one story, whichever is less.
i.
The total gross floor area of all detached accessory buildings shall not exceed 1,000 gross square feet, and the total ground square footage of all accessory structures shall not exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller. In determining "rear yard area" for the accessory buildings, the area shall be the yard that falls between the side yard lot lines between the rear of the primary structure and the rear yard lot line.
j.
Any detached accessory building with a gross floor area exceeding 672 square feet or with a building height, as defined in section 53.020 of the zoning code, exceeding 12 feet shall comply with the minimum side yard setback requirements of the district as applied to the primary structure.
k.
No accessory building in excess of 144 square feet may have metal exterior walls, with the exception of siding that matches that of the primary structure.
l.
Lots exceeding an average width of 100 feet may be granted an additional 25 percent increase to what is otherwise allowed herein, but in no case shall the total ground square footage of all accessory structures exceed 30 percent of the rear yard area or 12 percent of the lot area, whichever is smaller.
m.
All metered utility services for any accessory building shall be provided from the primary structure and shall not be separately metered.
n.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of a rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than ten feet to the alley line and except that when a garage is located closer than ten feet to the main building the side and rear yards for the main building shall be observed and except on reverse corner lots the garage shall not be located closer than ten feet to the rear property line.
(Ord. No. 8851, 1-6-2015)
Permitted, conditional and accessory uses are found in the chart below. Conditional uses are permitted under requirements specified in section 53.170 et seq.
(Ord. No. 9038, §1, 10-16-2018; Ord. No. 9074, §1, 7-16-2019)