Weldon Spring City Zoning Code
ARTICLE V
Supplementary District Regulations
Section 405.147 Generally.
[Ord. No. 18-12, 12-11-2018]
This Article V provides supplementary regulations to be used in administering and interpreting the intent of the Zoning Regulations.
Section 405.150 Height Exceptions And Limitations.
[Ord. No. 18-12, 12-11-2018]
A.
Height Exceptions. The building height limitations stipulated in the applicable districts shall not apply to the following, provided that no such structure would be an obstruction to air navigation as established in Federal aviation regulations:
1.
Church steeples;
2.
Chimneys, not exceeding four (4) feet in height from the top of the roof;
3.
Silos, not exceeding fifty (50) feet in height;
4.
Elevator towers;
5.
Air conditioning units, not exceeding ten (10) feet in height from the top of the roof;
6.
Windmills, not exceeding fifty (50) feet in height;
7.
Utility transmission towers;
8.
Parapet walls, not exceeding four (4) feet in height from the top of the roof;
9.
Antennae;
10.
Communication towers; and
11.
Similar structures.
B.
Height Limitations. In addition to the height limitations specified in each zoning district, no structure shall be erected to a height that would encroach into or through any established public or private airport approach plan prepared in accordance with the criteria established by the Federal Aviation Administration.
Section 405.153 Rules For Determining Yards.
[Ord. No. 18-12, 12-11-2018]
A.
All yards abutting a street shall be front yards except as specifically provided in the remaining paragraphs of this Section (Rule 1).
B.
An interior lot with four (4) sides shall have a front yard along the street line, a rear yard opposite the front yard and side yards located between the front and rear yards (Rule 2).
C.
On corner lots, there must be a front yard on both streets (Rule 3).
D.
A lot with three (3) or more frontages shall be considered a corner lot, shall provide two (2) front yards and the remaining yards shall be rear or side yards (Rule 4).
E.
On corner lots with two (2) front yards, the rear yard shall be the yard opposite the front yard having the minimum lot frontage unless the orientation of an existing principal building on the corner lot clearly indicates otherwise (Rule 5).
F.
Four (4) sided lots with three (3) frontages shall have two (2) front yards, one (1) rear yard and one (1) side yard (Rule 6).
G.
On double frontage lots, a front yard shall be provided along the street providing access to the lot and the opposite yard shall be the rear yard (Rule 7).
H.
Interior lots with five (5) or more sides shall have one (1) front yard and all yards opposite the front yard shall be considered rear yards (Rule 8).
I.
Corner lots with three (3) sides shall have two (2) front yards and a rear yard (Rule 9).
J.
Interior lots with three (3) sides shall have one (1) front yard, one (1) side yard and a rear yard (Rule 10).
K.
As a supplement to the rules contained in this Section 405.153 and to facilitate a better understanding thereof and of yards in general, the following diagram entitled Figure 6 is provided and made a part hereof with the same force and effect as though fully set forth herein. Should there be any conflict between the text of this Chapter 405 and the information displayed in the diagram, the text of the Chapter shall prevail.
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Section 405.155 Yard Encroachments.
[Ord. No. 18-12, 12-11-2018]
A.
Every part of a required yard shall be open and unobstructed from the ground to the sky, except as provided in this Section 405.155 or as otherwise permitted in this Chapter.
1.
All Required Yards. The following may encroach into any required yard.
a.
Fences And Walls. Fences and walls are allowed within required yards, subject to the provisions of Section 405.160.
b.
Fire Escapes, Outside Stairways, Balconies, Chimneys, Etc. Open or enclosed fire escapes, outside stairways, balconies and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.
c.
Parking Areas And Driveways. Off-street parking areas may encroach into the required front yard setbacks providing that the encroachment does not extend into a required landscape buffer along the street frontage. Driveways may encroach into any required front yard and into landscaped buffers along street frontages. Parking areas and driveways may encroach into required side yards in non-residential districts. On single-family zoned lots, driveways shall be set back at least four (4) feet from any side lot line from the point of intersection with the right-of-way to the front (building) line of the house. Parking pads may be located in required side and rear yards, provided such pads are set back at least one (1) foot from every side and rear property line.
d.
Satellite Dish Antennae. Satellite dish antennas that are one (1) meter or less in diameter may encroach into any required yard.
e.
Sidewalks. Sidewalks may be located within any required yard.
f.
Sills And Belt Courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard.
g.
Structural Overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs at least seven (7) feet above grade may extend up to two (2) feet into any required yard, provided that no such overhang shall extend to within eight (8) feet of any property line.
h.
Trellises, Lights And Mailboxes. Trellises and trelliswork, wires, lights, mailboxes ornamental entry columns and gates are allowed within required yards.
2.
Required Front Yards. The following may encroach into any required front yard.
a.
Gasoline Pumps And Islands. Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within any required front yard, provided they are located no closer than fifteen (15) feet to any public right-of-way line.
b.
Satellite Dish Antennae. In the "HTO" zoning district, satellite dish antennae larger than one (1) meter in diameter may be allowed to encroach into required front yards as part of a site plan approval. A landscape screen should be provided between any such satellite dish antenna and adjacent residentially zoned land and the backside of such satellite dish antenna should also be landscaped.
c.
Unenclosed Porches, Steps And Paved Terraces. An unroofed porch, steps or paved terrace area may project into the required front yard for a distance not to exceed five (5) feet.
3.
Required Side And Rear Yards. The following may encroach into any required side or required rear yard.
a.
Accessory Antennae. Accessory antennae are allowed within required side and rear yards.
b.
Accessory Buildings. Accessory buildings or sheds, not exceeding one hundred twenty (120) square feet in floor area, may be located within a required side or rear yard provided a minimum of ten (10) feet is maintained from the side and rear property lines and the building is not located within any existing easements.
c.
Air Conditioners And Similar Mechanical Equipment. Air conditioning equipment, sprinkler system controls and similar mechanical equipment (including utility's pad-mounted equipment) may project into any required side or rear yard, provided that the equipment is mounted in a manner contiguous to the building.
d.
Play Equipment, Clothes Lines, Etc. Play equipment, clothes lines, outdoor furniture and outdoor equipment may encroach into a required side or rear yard.
e.
Satellite Dish Antennae. Satellite dish antennae that are larger than one (1) meter in diameter but not more than two (2) meters in diameter may encroach into required side and rear yards. In non-residential districts, satellite dish antennae larger than two (2) meters in diameter may encroach into required side and rear yards if necessary to receive signals. A landscape screen should be provided between any such satellite dish antenna and adjacent residentially zoned land and the backside of such satellite dish antenna should also be landscaped.
f.
Swimming Pools And Related Structures. Swimming pools may be located in a required side or rear yard, provided they are no closer than ten (10) feet to any property line or five (5) feet to any easement, whichever distance is greater. Patios or other flatwork constructed in conjunction with, and contiguous to, any swimming pool may be located within a required rear or side yard, provided that they are not located within an easement and are not closer than five (5) feet to any property line.
g.
Unenclosed Porches, Decks, Trellis, Steps And Paved Terraces. An unroofed porch, unscreened porch, deck, trellis, and steps or paved terrace area may project into a required side or rear yard for a distance not to exceed five (5) feet.
h.
Patios Or Other Flatwork. Patios or other flatwork, not contiguous to a swimming pool, may be located within a required rear or side yard, provided that they are not located within an easement or closer than ten (10) feet to any property line, whichever distance is greater.
Section 405.160 Fences And Walls.
[Ord. No. 18-12, 12-11-2018]
A.
Permits Required. Land use permits are required for fences on commercially and industrially zoned property and for fences abutting roadways, except fences abutting roadways in the following:
B.
Placement Of Fences.
1.
Fences may be erected along side lot lines.
2.
Fences may be erected along rear lot lines.
3.
Fences in front yards are prohibited, except for the following:
a.
Lots in the "AG" Agricultural District, however, fences shall be set back at least ten (10) feet from road right-of-way lines.
b.
Lots in residential districts, where the lot is at least five (5) acres and is used for agricultural purposes, however, fences shall be set back at least ten (10) feet from road right-of-way lines.
c.
In residential districts, on corner lots with more than one (1) front yard. Where the front elevation of the house clearly faces one of the adjacent streets, the yard in front of that elevation may be considered the primary front yard. The yard along the side elevation of the house, but facing an adjacent street, may be considered a secondary front yard. Fences may be permitted in secondary front yards, but no closer to the street than the required building setback.
d.
Front yard fences existing on the effective date of this Chapter, but which do not comply with the above provisions, may be maintained and repaired if damaged but may not be replaces or reconstructed.
4.
Fences not located along a perimeter side or rear lot line may be located within the interior of the lot anywhere between the side and rear lot line and the principal building.
5.
Fences around water detention or water retention facilities may be exempted from the location requirements of this Section 405.160(B) by the Planning and Zoning Commission if deemed necessary to protect the public health, safety or general welfare.
6.
All structural or supporting members of any fence must be constructed to be within or toward the area to be enclosed.
C.
Height Of Fences. Fences shall not exceed the heights listed in the following paragraphs. Measurements shall be from the topmost point of the fence to the ground or surface along the centerline of the fence.
1.
Side And Rear Yard Fences. Fences in side or rear yards may be erected to heights of six (6) feet except as further restricted by Section 405.160(C)(2) below or as exempted by Sections 405.160(C)(3), 405.160(C)(4), 405.160(C)(6) or 405.160(C)(7).
2.
Fences Abutting A Roadway. Fences in front yards in the "AG," "RS-3," "RS-2" and "PR" Districts, allowed by Section 405.160(B)(3), may be erected to a height of four (4) feet. Fences in a rear yard abutting a roadway may be erected to a height of six (6) feet provided that no solid-type fencing, such as stockade or basket weave, is used. Fences abutting City-owned roads are further regulated by Section 405.160(D).
3.
Institutions, Parks And Schools. Open wire mesh or similar type open fences enclosing an institution, a public park, public playground, elementary school, secondary school or junior college may exceed normal height limitations provided that they do not exceed eight (8) feet in height.
4.
Industrial Sites. Fences on industrial sites may exceed normal height limitations in side and rear yards provided that they do not exceed eight (8) feet in height.
6.
Tennis Courts. Fences surrounding tennis courts shall be open wire mesh and may exceed six (6) feet in height provided that they are not located in a front yard and do not exceed twelve (12) feet in height.
7.
Ball Diamonds. Fences on the perimeter of a ball diamond shall be open wire mesh and may be erected to heights of eight (8) feet. A backstop erected in conjunction with such ball diamond and fences protecting the players' benches may exceed normal height limitations provided they do not exceed twenty-two (22) feet in height.
8.
Swimming Pools. Fences enclosing outdoor swimming pools shall be a minimum of four (4) feet in height, shall meet the minimum requirements of the City's adopted Building Code and are exempt from the limitations of Section 405.160(C)(2) regarding solid-type fencing. Solid-type fences enclosing swimming pools in rear yards abutting roadways shall be approved by the Architectural Review Commission.
9.
Wing Walls. Wing walls extending from the front facade of a house shall not exceed six (6) feet in height and shall not extend more than four (4) feet into the required front yard.
10.
Decorative Fences. Fences that are designed primarily for decoration or privacy which are located inside of the building setback from the lot line may exceed normal height limitations when erected in a side or rear yard between the required setback and the principal building.
11.
Water Detention Facilities. Fences around water detention or water retention facilities may be exempted from the height requirements of this Section 405.160(C) by the Planning and Zoning Commission if deemed necessary to protect the public health, safety or general welfare.
D.
Fences In Yards Abutting City Roads. Fences abutting City-owned roads, including, but not limited to, Independence Road, O'Fallon Road, Pitman Hill Road, Sammelman Road, Siedentop Road, Weldon Spring Road, Westwood Road and Wolfrum Road shall be constructed of low-maintenance or no-maintenance materials. Not more than fifty percent (50%) of the surface area of such fences shall be opaque and the green spaces must be uniformly and reasonably dispersed throughout the entire area of the fence. Such fences shall be constructed of white PVC, be white PVC clad, black wrought iron or natural split rail. Other similar low-maintenance materials or other colors must be approved by a majority vote of the Architectural Review Commission, unless such fence is part of a plat for a subdivision then such approval must be by a majority vote of the Board of Aldermen. Fences around swimming pools may be exempted from these requirements concerning opaqueness and fence materials by the Architectural Review Commission in accordance with Section 405.160(C)(8). Fences in the "AG" zoning district and lots in the "RS-3" and "RS-2" zoning districts used for agricultural purposes are exempt from these requirements provided that such fences are not more than fifty percent (50%) opaque.
E.
Fence Materials.
1.
Materials normally used in fence construction such as brick, stone, PVC, wood and wrought iron may be used. Chain link may be used for fences in side and rear yards except for fences abutting a street. Chain link shall not be used in any fence in a front yard.
2.
Light gauge wire such as chicken coop wire, snow fences or other similarly flimsy material are not allowed as fence material.
3.
Barbed wire or electrically charged fences may be erected and maintained only for agriculture or farming uses (as defined in Chapter 402). Electrically charged fences shall be set back a minimum of twenty (20) feet from all property lines, identified as electrically charged by signs posted every fifty (50) feet along the fence and shall not exceed safe industry practices for agricultural use. Invisible fences® designed to contain dogs or other domestic animals may be installed underground in any part of a yard when such fences are not a hazard to humans.
F.
Temporary Fences.
1.
Fences designed and installed to provide a barrier or enclosure for a period of not more than three (3) months during construction or for health or safety reasons may be erected upon approval of the City Engineer. Up to three (3) thirty (30) day extensions to this three-month period may be approved by the City Engineer upon receipt of a written request for such extension.
G.
Fence Appeals. Property owners may appeal to the Board of Aldermen for relief from any of the restrictions and requirements listed above for fences.
H.
Retaining Walls.
1.
Retaining walls shall be constructed of masonry retaining wall blocks or individually placed boulders, except that head walls or toe walls which are part of a stormwater control structure may be constructed of reinforced concrete.
2.
Existing walls which have deteriorated may be rebuilt in their current configuration.
3.
New retaining walls shall not exceed three (3) feet in height in front yards, and shall not exceed four (4) feet in height in other required yards.
4.
Walls higher than the above limits may be constructed in a stair stepped or tiered fashion provided that there is a minimum of three (3) feet of horizontal space between adjacent walls. A series of walls thus constructed may not be steeper than a 4:3 (height to width) ratio.
5.
Stair stepped walls are subject to approval by the Architectural Review Commission. Walls exceeding the above height limitations may be allowed, subject to approval by the Architectural Review Commission. Such approval shall be based on consideration of unique practical difficulties in complying with the above height limitations, safety, and on the aesthetic impact of a taller wall.
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6.
Building permits are not required for any walls less than three (3) feet in height.
7.
Plans for new walls over four (4) feet in height, with or without a stair stepped configuration, must be approved by a licensed Professional Engineer. This requirement also applies to rebuilding an existing wall over four (4) feet in height.
8.
Retaining walls over four (4) feet in height shall be provided with a fence or guard on the high side not less than forty-two (42) inches high whenever the walls are located closer than two (2) feet on the high side, to a walk, path, parking lot, driveway, playground or general access by the public. Also, whenever the wall may pose a safety hazard, the Zoning Commissioner of the Architectural Review Commission may require that a fence or guard not less than forty-two (42) inches high be installed on any retaining wall.
Section 405.163 Size, Dimension And Access Criteria.
[Ord. No. 18-12, 12-11-2018]
A.
In order to carry out the purpose and intent and provisions of this Chapter, size, dimension and access criteria for particular zoning districts are hereby established. Such size and dimension criteria shall be applied in accordance with this Section and other applicable provisions of this Chapter.
1.
Lot Size Requirements.
a.
Reduction Of Lot Size Or Yards. No lot or yard existing on the effective date of this Chapter shall thereafter be reduced in size, dimension or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation or purchase. Lots or yards created after the effective date of this Chapter shall meet the minimum requirements established herein.
b.
Applicability To All Uses. Unless otherwise specified in this Chapter, all permitted uses and all conditional uses shall be subject to the lot size requirements specified for a given district, unless other minimum requirements are specified for such uses elsewhere in this Chapter.
c.
Building Built On Two (2) Lots. A building constructed on a site consisting of two (2) lots must be located on one (1) lot and meet all applicable setbacks of that lot or the building must be constructed over the common lot line, be on both lots and meet all applicable setbacks.
d.
Lots Of Record Less Than Minimum Size. Any lot of record at the time of the adoption of this Chapter which contains less lot area or width than required in the district in which it is located may be used for a use in such district provided that the lot has a minimum width of seventy-five (75) feet. This provision shall not be construed to permit more than one (1) dwelling unit on a lot with less lot area per family than required for the district in which such lot is located.
e.
Use Of Lots In Single-Family Districts. In single-family (RS) districts, every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than the principal building and the customary accessory buildings on one (1) lot or parcel of land except as specifically permitted by this Chapter.
2.
Minimum Yard Requirements.
a.
Generally. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this Chapter or as exempted in Section 405.163(2)(b) below. See Section 405.153 for rules for determining yards.
b.
Exemptions. The following structures shall be exempt from the minimum yard requirements set forth in this Chapter: underground utility equipment, flagpoles, regulation mailboxes, traffic signals, fire hydrants, light poles or any similar structure or device (see also Section 405.155, Yard Encroachments).
3.
Maximum Building Height. Maximum building height shall apply to all structures located in the zoning district except those buildings, structures and appurtenances specifically excluded in Section 405.150, Height Exceptions and Limitations, or specifically limited by another Section of this Chapter, including, but not limited to, Section 405.165(B).
4.
Access Required. No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public or private street.
Section 405.165 Accessory Uses And Structures.
[Ord. No. 18-12, 12-11-2018]
A.
Authorization. Accessory uses and structures are permitted in all zoning districts as provided herein.
B.
Use Limitations.
1.
No accessory structure shall be built prior to the construction of the principal building except for fences in residential and agricultural zoning districts and except for accessory structures in the "AG" Agricultural District.
2.
No accessory structure shall be occupied or utilized unless the principal building to which it is accessory is occupied or utilized, except for the use of accessory structures in the "AG" Agricultural District.
3.
All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.
4.
No accessory structure shall be used as a dwelling.
5.
No accessory building or structure in the "RS-1/2" or "RS-1" District shall have utility service that is separate from the primary building (i.e., a separate utility bill).
6.
Carports are permitted accessory structures limited to the City's non-single-family zoning districts and the "AG" Agricultural District. Carports shall be prohibited in the City's single-family residential zoning districts.
7.
All accessory buildings and structures shall comply with the following height and floor area regulations, except as provided in Section 405.150:
a.
No accessory buildings or structures shall exceed twenty (20) feet in height in any "RS-1/2" District. No accessory building or structure, or the combined floor area of all permitted accessory buildings and structures, shall have a floor area exceeding ten percent (10%) of the dwelling unit size of the principal building in a "RS-1/2" District.
b.
No accessory building or structure shall exceed twenty (20) feet in height in any "RS-1" District. No accessory building or structure, or the combined floor area of all permitted accessory buildings and structures, shall have a floor area exceeding forty percent (40%) of the floor area of the principal building in a "RS-1" District.
c.
No accessory building or structure shall exceed twenty-five (25) feet in height in any "RS-2" District except for barns and similar agricultural-related accessory buildings which may be erected to a height of thirty-five (35) feet. No accessory building or structure, or the combined floor area of all permitted accessory buildings and structures, shall have a floor area exceeding sixty percent (60%) of the floor area of the principal building in a "RS-2" District.
d.
No accessory building or structure shall exceed twenty-five (25) feet in height in any "RS-3" District except for barns and similar agricultural-related accessory buildings which may be erected to a height of forty (40) feet. No accessory building or structure, or the combined floor area of all permitted accessory buildings and structures, shall have a floor area exceeding one hundred percent (100%) of the floor area of the principal building in a "RS-3" District.
e.
No accessory building or structure shall exceed forty (40) feet in height in any "AG" District or "PR" residential lot of five (5) acres or more.
f.
No accessory building or structure shall exceed twenty-five (25) feet in height in any public/semi-public (SP), commercial (C) or industrial (I) district.
g.
Accessory buildings and structures constructed on "PR" residential lots shall conform to the requirements of the same, or next smaller, lot size as defined in Subsection (B)(6)(a — e) above.
C.
Location.
1.
If an accessory-type building shares a structural wall with a principal building, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this Chapter applicable to a principal building.
2.
If an accessory building is detached from the principal building, it shall be located at least ten (10) feet from the principal building.
3.
Accessory buildings or sheds, not exceeding one hundred twenty (120) square feet in floor area, may be located within a required side or rear yard provided a minimum of ten (10) feet is maintained from the side and rear property lines and the building is not located within any existing easements.
4.
No accessory building or structure shall be located in the front yard of a lot except for the following:
a.
Lots in the "AG" Agricultural District.
b.
Lots in the "PR" Planned Residential District that have a minimum lot size of five (5) acres. Said lots must also meet at least one (1) of the two (2) following requirements: the lot must have topographical constraints and/or the placement of the accessory building or structure in the front yard must provide significant land conservation benefits. All proposed front yard accessory buildings or structures within the "PR" Planned Residential District shall go before the Planning and Zoning Commission and receive a favorable recommendation and then to the Board of Aldermen for approval.
Section 405.170 Required Corner Visibility.
[Ord. No. 18-12, 12-11-2018]
On every corner lot, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are thirty (30) feet from the intersection of the lot line projections shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall generally not apply to the trunk of a tree (but not branches or foliage) or a post, column or similar structure which is no greater than one (1) foot in cross section or diameter. Lateral vision shall be maintained between a height of thirty (30) inches and ten (10) feet above the average elevation of the existing surface of both streets measured along the centerlines adjacent to the visibility triangle.
Section 405.173 Non-Conformities.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose And Intent. It is the purpose and intent of this Section to permit the continuation of those lots, structures, uses, characteristics of use or combinations thereof which were lawful before the passage of this Chapter, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendments. It is the further purpose and intent of this Section to allow non-conforming lots, structures, uses and characteristics of uses and combinations thereof to continue subject to specific conditions or limitations.
B.
Continuation Of Non-Conformities. Non-conformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this Section and the amortization provisions of other applicable Sections of these Zoning Regulations.
C.
Expansion Or Change Of Non-Conformities.
1.
No non-conformity shall be enlarged or changed to a different non-conformity, except upon a determination by the City Planner that the change results in a lessening of the degree of non-conformity.
2.
Additions to non-conforming structures containing conforming uses shall be permitted if the additions comply with setback and other applicable site-related regulations.
3.
Additions to structures on a non-conforming lot, which are below the threshold of a major site plan, may be permitted provided that such addition is in conformance with all applicable laws and ordinances of the City and does not create a non-conforming use or structure or does not increase the existing site-related non-conformity. Any addition exceeding the threshold for minor site plans shall require all site-related non-conformities to be terminated and brought in compliance with all applicable ordinances of the City.
D.
Repair Or Alteration Of Non-Conformities. Repairs, maintenance and improvements of non-conformities may be carried out, provided that such work does not increase the cubic content of the building or the floor or ground area devoted to the non-conforming use or in any way increases or creates a site-related non-conformity. The preceding requirement does not prevent compliance with applicable laws or requirements relative to the safety and sanitation of a building occupied by a non-conforming use.
E.
Reconstruction Of Non-Conformities After Catastrophe. Any non-conforming structure or use or establishment containing a site-related non-conformity which is damaged by fire, flood, explosion, collapse, wind or other catastrophe to such an extent that the cost of repair or reconstruction will exceed fifty percent (50%) of the building's appraised value, as shown on the County's tax assessment roll at the time of the damage, shall be deemed to be terminated. No repair or reconstruction may occur except when such repair or reconstruction results in the conversion of the previous non-conformity to a conforming structure and/or use or site. In the event that damage to a non-conformity may be repaired by an investment of less than fifty percent (50%) of the appraised value of the non-conformity as shown on the County's tax assessment roll at the time of the damage, such repair shall be permitted and the non-conformity may continue.
F.
Cessation Of Non-Conformities. Any non-conforming use of land, structure or an establishment having a site-related non-conformity which ceases operation for a continuous period of ninety (90) days or more or if a non-conforming structure is removed for a continuous period of ninety (90) days or more, all non-conformities shall be considered terminated and shall not thereafter be re-established.
G.
Proof Of Non-Conformity. It shall be the responsibility of a property owner to prove the existence of a legal non-conformity.
Section 405.175 Administrative Permit Uses.
[Ord. No. 18-12, 12-11-2018]
A.
Allowed Administrative Permit Uses. Administrative permit uses shall be allowed if they meet all criteria contained in Section 405.220 of this Chapter.
B.
Application Procedure. Applicants for an administrative permit use shall submit an application and five (5) copies of a site plan to the City Copies of the site plan and application shall be forwarded to the Zoning Commissioner, the City Engineer, the City Planner and the City Stormwater Manager for review to determine compliance with the criteria in Section 405.220 of this Chapter. If all three (3) officials approve the site plan, the administrative permit shall be issued by the Zoning Commissioner. If any official denies the application, the application shall be considered denied.
C.
Appeal Procedure. If any application for an administrative permit use is denied by one (1) or more appropriate City Official, the denial may be appealed to the Planning and Zoning Commission.
D.
Telecommunications. In all residential zoning areas, utility pole-mounted antennae may be allowed as an administrative permit use, but only on existing utility poles.
Section 405.180 Temporary Use Permits.
[Ord. No. 18-12, 12-11-2018]
A.
Application Procedure. Any applicant for a temporary use permit shall submit an application, fee and five (5) copies of a site plan to the Zoning Commissioner. Copies of the site plan and application shall be forwarded to the Zoning Commissioner, the City Engineer, the City Planner and the City Stormwater Manager for review to determine compliance. If all three (3) officials approve the site plan, the temporary use permit shall be issued by the Zoning Commissioner. If any official denies the application, the application shall be considered denied.
B.
Temporary Uses Permitted.
1.
Outdoor Display. The outdoor display of items at an existing business is permitted in the "PC" Planned Commercial and "GC" the General Commercial zoning districts for a maximum of fifteen (15) days. In order for a temporary use permit application to be considered, the applicant shall provide evidence on the site plan that the following criteria will be met:
a.
The merchandise shall not be located in a right-of-way or on any other public property.
b.
The area dedicated to the temporary outdoor display of merchandise shall not occupy more than five (5) parking spaces or ten percent (10%) of the parking spaces available on the site, whichever figure is lower.
c.
Merchandise may be displayed on a sidewalk which is not located within a public right-of-way, provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five (5) feet in width. This width shall be measured on a line perpendicular to the edge of the curb.
d.
The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.
e.
The area covered by the merchandise shall not exceed ten percent (10%) of the gross floor area of the principal building on the site.
2.
Outdoor Seasonal Sales. The outdoor sale of seasonal items, including, but not limited to, Christmas trees and pumpkins is permitted in the "PC" Planned Commercial and "GC" the General Commercial zoning districts for a maximum of thirty-five (35) days. In order for a temporary use permit application to be considered, the applicant shall provide evidence on the site plan that the following criteria will be met:
a.
The merchandise shall not be located in a right-of-way or on any other public property.
b.
Specific arrangements shall be made for adequate parking and such parking shall be approved by the Zoning Commissioner.
c.
Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five (5) feet in width. This width shall be measured on a line perpendicular to the edge of the curb.
d.
The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.
3.
Festivals, Circuses And Carnivals. Festivals, circuses, carnivals and sidewalk sales are permitted in the "PC" Planned Commercial and "GC" the General Commercial zoning districts for a maximum of ten (10) days. In order for a temporary use permit application to be considered, the applicant shall provide evidence on the site plan that the following criteria will be met:
a.
Special consideration has been provided for any activity occurring in a public right-of-way.
b.
The area dedicated to the event shall not occupy more than five (5) parking spaces or ten percent (10%) of the parking spaces available on the site, whichever figure is lower, unless arrangements for additional parking on site or within five hundred (500) feet of the site are specifically outlined by the applicant.
C.
Contractor's Office. Contractor's office and equipment sheds (containing no living accommodations) accessory to a construction project shall be allowed only during the duration of construction for such project. Such use need not comply with yard and setback requirements of these regulations, provided that a plan showing the proposed sales office location and parking layout is approved by the Zoning Commissioner.
D.
Real Estate Offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development are allowed during the initial sale or lease of the dwelling units in the development, as approved by the Zoning Commissioner.
E.
Disasters. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster such as a fire, windstorm or flood as determined by the Mayor of the City of Weldon Spring, provided that the mobile home is located on a three (3) acre site and is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Mayor may extend the period six (6) additional months upon showing of good cause by the owner.
F.
Residential Garage Sales. Residential garage sales are permitted six (6) days per calendar year, per residential lot. The nature of goods to be sold shall be personal property.
G.
Temporary Buildings For Commercial Purposes. The use of temporary buildings for commercial purposes shall be allowed subject to the following requirements:
1.
The commercial establishment proposing a temporary building must have a site plan for the permanent facility approved by the Planning and Zoning Commission prior to installation of the temporary building.
2.
The site plan must reflect the location of the temporary building and associated improvements.
3.
The standards for site plan review of the permanent building apply to the review of the temporary building.
4.
The temporary structure and area must comply with all Zoning, Fire, Building Code regulations and State of Missouri Public Service Commission regulations.
5.
The temporary facility must have sanitary sewer connections for restrooms.
6.
The location of the temporary building must be reviewed and approved by the City Planner, the City Engineer and the City Stormwater Manager once the Planning and Zoning Commission has approved the temporary building.
7.
The temporary building and associated parking, vehicular movement and area must be completely separated from the construction area of the permanent facility. This may be achieved through fencing or other means to block public access to the construction site.
8.
A construction site plan permit and building permit must be issued for the permanent structure prior to installation of the temporary building.
9.
The temporary building will be allowed for a maximum of twelve (12) months from the date of installation on the site, unless additional time is approved, in writing, by the Planning and Zoning Commission.
10.
The temporary structure must have a finished appearance. If a modular unit is used, it must have skirting around all sides.
11.
The temporary building must be located on the same site as the permanent facility or on the property directly abutting the site of the permanent facility.
12.
A monetary guarantee, not less than fifty thousand dollars ($50,000.00), must be escrowed to insure removal of the temporary building and associated improvements within the twelve (12) months. Said escrow funds shall be returned within thirty (30) days of its removal, less any expense incurred by the City of the removal of the temporary building.
H.
Temporary Dwelling Structures — Not Permitted. No cabin, garage, cellar, basement or other temporary structure whether of a fixed or moveable nature may be erected, altered, or moved upon or used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever.
Section 405.185 Animal Regulations.
[Ord. No. 18-12, 12-11-2018]
A.
Allowances In "RS-1/2" Or "PR" Districts. In the "RS-1/2" and "PR" zoning districts, up to three (3) dogs over the age of four (4) months or up to three (3) rabbits over the age of four (4) months or up to three (3) cats over the age of four (4) months or up to three (3) other domestic animals over the age of four (4) months or a combination of not more than three (3) dogs, rabbits, cats or other similar size domestic animals over the age of four (4) months may be kept as pets by the occupant(s) of a dwelling. These animals may not be used or kept for commercial or retail purposes or as to cause a public nuisance.
B.
Allowances In Large Lot Zoning Districts. In the "AG," "RS-3," "RS-2" and "RS-1" zoning districts, the number of domestic animals that may be kept shall be limited to three (3) over the age of four (4) months per acre of land. Kennels providing shelter for more than three (3) dogs shall be set back a minimum of seventy-five (75) feet from any property line.
C.
Horses. Horses may be kept in the "AG," "RS-3," "RS-2," "RS-1," "RS-1/2" and "PR" zoning districts on lots of at least two (2) acres. The number of horses shall be limited to one (1) horse per acre of land. Stables for horses shall be set back a minimum of seventy-five (75) feet from any property line.
D.
Livestock. Livestock may be kept in the "AG" District. Livestock shall be contained within fences to ensure that animals may not be closer than fifty (50) feet to any abutting residentially zoned property and that structures providing shelter for livestock are at least seventy-five (75) feet from any property line.
E.
Bee Keeping. Bee keeping is permitted on any residential lot of at least one (1) acre; however, hives must be set back at least fifty (50) feet from all property lines.
Section 405.187 Adult Entertainment Requirements.
[Ord. No. 18-12, 12-11-2018]
A.
It is understood by the Mayor and Board of Aldermen of the City of Weldon Spring, Missouri, that adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted in such concentration that their operational features may establish a dominant character of any area where said uses are permitted by law. Furthermore, reasonable zoning location and requirements regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as those having serious objectionable characteristics, thereby having a deleterious effect upon adjacent areas, which could contribute to blight or degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse effects of such uses will not contribute to the blighting and downgrading of surrounding neighborhoods, whether residential or non-residential, by location or concentration to protect the health, safety, welfare, and morals of the community.
B.
Adult entertainment establishments, as defined in Chapter 610 of the Municipal Code of the City of Weldon Spring, Missouri, are authorized only in areas zoned "L-1" Light Industrial District and shall be subject to the requirements of Section 405.120 of the Municipal Code of the City of Weldon Spring, Missouri.
C.
Adult entertainment establishments, as defined in Chapter 610 of the Municipal Code of the City of Weldon Spring, Missouri, shall not be located within one thousand two hundred (1,200) feet of any residential zone, single- or multiple-family dwelling, church, public park, school or highway right-of-way. Such distance shall be measured in a straight line, from property line to property line, without regard for intervening properties. The structure of the adult entertainment establishment shall be designed in such a fashion so that all openings, entries and windows prevent view into the building from the outside.
D.
The structure in which an adult entertainment establishment, as defined in Chapter 610 of the Municipal Code of the City of Weldon Spring, Missouri, is located shall not display any explicit sexual material, merchandise or pictures of products or entertainment in window areas or any area where such merchandise or pictures can be viewed from any street or sidewalk of the building.
Section 405.188 Tobacco, Vap, And E Cigarette Use Restrictions.
[Ord. No. 18-12, 12-11-2018]
A.
In addition to all other pertinent and applicable regulations, the following special conditions shall apply to retail tobacco, vapor/electronic cigarette, and hookah stores, bars, or lounges:
1.
No tobacco, hookah, or vapor/electronic cigarette stores, bars, or lounges shall be permitted within seven hundred fifty (750) feet of any property zoned and/or used for residential, eleemosynary, religious, school, or public use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the establishment to the closest point on any property line of the residential, eleemosynary use, religious institution, school, public building or public park.
2.
No tobacco, hookah, or vapor/electronic cigarette store, bar, or lounge shall be allowed to locate or expand within seven hundred fifty (750) feet of any other such business or establishment. The distance between any two (2) such stores or similar use shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
3.
Off-street parking shall be provided pursuant to the City Code.
4.
Lighting of the parking area shall conform to the requirements of the City Code.
Section 405.190 Mobile Home Regulations.
[Ord. No. 18-12, 12-11-2018]
On the effective date of this Chapter, all mobile homes and manufactured homes within the City are declared non-conforming uses.
Section 405.195 Trash Enclosures.
[Ord. No. 18-12, 12-11-2018]
A.
Residential (R) Zoning Districts. All refuse generated by any establishment or residence located within a residential (R) district shall be stored in covered containers. Trash containers shall not be located in a front yard. Any trash containers or dumpster exceeding one hundred (100) gallon capacity shall be located within a building or surrounded by a fence.
B.
Non-Residential Zoning Districts. All refuse generated by any establishment within a non-residential district shall be stored in tightly covered containers and placed in a visually screened area. Trash containers or dumpsters shall be located within a building or within an enclosed structure surrounded by six (6) foot high walls. Such trash enclosures shall not be located in the front yard of any lot and shall be located next to a parking lot rather than within a parking lot.
Section 405.200 Swimming Pools.
[Ord. No. 18-12, 12-11-2018]
A.
No swimming pool, whether public or private, shall be located in a front yard or closer than ten (10) feet to any lot line or dwelling.
B.
Swimming pools, spas, and hot tubs must be enclosed by fences or other barriers per the International Residential Code, which has been adopted by the City, by means of adopting the County Code.
Section 405.205 Setbacks From Major Roads.
[Ord. No. 18-12, 12-11-2018]
A.
Notwithstanding any other provision of this Chapter, all structures shall maintain the minimum setback from the centerline of major roads as listed below. For Highway 94, this setback shall be measured from the centerline of the right-of-way. For all other roads, this setback shall be measured from the centerline of the pavement. Specific setbacks are as follows:
Cedar Glen Drive | 60 feet |
Cedar Glen | 60 feet |
Highway 94 | 120 feet |
Independence Road | 60 feet |
Nancy Lane | 60 feet |
O'Fallon Road | 60 feet |
Old Highway 94 | 60 feet |
Pitman Hill Road | 60 feet |
Sammelman Road | 60 feet |
Siedentop Road | 60 feet |
South Breeze Drive | 60 feet |
Technology Drive | 100 feet |
Village Center Roadway | 100 feet |
Weldon Spring Parkway | 60 feet |
Weldon Spring Road | 60 feet |
Westwood Road | 60 feet |
Wolfrum Road | 60 feet |
B.
All buildings shall maintain a minimum setback of sixty (60) feet from the centerline of the right-of-way of any other proposed thoroughfare as indicated on the thoroughfare plan in the City's Comprehensive Plan.
C.
Exceptions. For any lot created within three (3) years prior to the effective date of these Zoning Regulations, the Board of Adjustment, upon request of the property owner of such lot, may grant an exception to reduce the required setback set forth in Section 405.205(A) of up to five (5) feet.