Weldon Spring City Zoning Code
ARTICLE VI
Standards For Permitted, Accessory And Conditional Uses
Section 405.210 Performance Standards For All Uses.
[Ord. No. 18-12, 12-11-2018]
A.
General. Every use, activity, process or operation located or occurring within the City of Weldon Spring shall comply with the performance standards prescribed in this Section and no such existing use, activity, process or operation shall be hereafter altered or modified so as to conflict with, or further conflict with, these performance standards. In addition, every use, activity, process or operation located or occurring within the City of Weldon Spring shall comply with all applicable State and Federal laws and regulations. If, as of the date of adoption of this Chapter, the operations of any lawful existing use violates these performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of these performance standards shall not in itself make such use subject to the non-conforming use provisions of this Chapter.
B.
Toxic Matter. No use shall discharge or dump or be allowed to leach into the ground or ground water any toxic matter in such concentrations as to be detrimental to or endanger the public health, safety or welfare or cause injury or damage to property or business. No use shall store beyond its lot or site boundaries any toxic matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.
C.
Glare. Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot on which such building is located.
D.
Noise. Sound levels and impulse type noises shall comply with the City's noise standards.
E.
Smoke And Hazardous Material.
1.
The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population according to the applicable Federal, State and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation.
2.
No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted onto the general population according to the applicable Federal, State and local laws and regulations.
F.
Fire And Explosion Hazards.
1.
The storage or utilization of solid materials ranging from incombustible to moderate burning is permitted.
2.
The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided that all of the conditions of the Cottleville Fire Protection District and the National Fire Protection Association are met.
3.
The storage of flammable liquids or materials which produce flammable or explosive vapors shall only be permitted in accordance with the following limitations.
a.
Storage of such materials shall conform to standards and regulations of the Occupational Safety and Health Administration and the National Fire Protection Association or its successors. Storage of flammable liquids shall also conform to regulations of the State of Missouri and the Cottleville Fire Protection District.
b.
In residential districts, the total of all flammable liquids permitted on any tract of land shall not exceed one thousand (1,000) gallons.
Section 405.215 Performance Standards For Accessory Uses.
[Ord. No. 18-12, 12-11-2018; Ord. No. 24-12, 7-25-2024]
A.
All Accessory Uses.
1.
Allowed. Accessory uses are allowed in every zoning district.
2.
Generally. All accessory uses shall be incidental to the principal use; operated and maintained under the same ownership and on the same lot or on adjoining lots under the same ownership as the principal use or structure; and are subordinate to the principal use.
B.
Home Occupation.
1.
Appearance.
a.
The home-based business shall not be visible from the public right-of-way and shall be conducted in such a manner as not to give an outward appearance of a business.
b.
The home-based business shall not result in any structural alterations or additions to the dwelling that will change its primary use.
c.
No display of products and/or equipment produced or used by the home-based business may be displayed so as to be visible from outside the dwelling.
2.
Storage.
a.
No outdoor storage, display or sale of materials, commodities, stock in trade or equipment used in the home-based businesses shall be permitted.
b.
On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that are normally incidental to residential use is prohibited.
3.
Employees And Customers. The total number of employees and customers on-site at one time shall not exceed the occupancy limit for the residential dwelling.
4.
Advertising And Signage. No advertising or business signs are permitted on the premises.
5.
Vehicle, Trailers And Parking. Vehicles and Trailers, including those of customers, must comply with all parking regulations contained in Section 405.290 of the City Code.
6.
General Provisions.
a.
Any home-based business shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential use.
b.
A home-based business shall be owned and operated only by the occupants of the dwelling.
c.
Retail or wholesale transactions shall be operated in such a manner that the transactions do not generate any significant street parking or cause a substantial increase in traffic through the residential area.
d.
Home-based businesses shall comply with all local, County, State, and Federal regulations pertaining to the activity pursued, and the requirements of this Section shall not be construed as an exemption from such regulations.
Section 405.220 Performance Standards For Administrative Permit Uses.
[Ord. No. 18-12, 12-11-2018]
A.
Concealed Communications Antennae. Concealed communications antennae may be allowed in the "AG," "SP," "HTO," "GC" and "LI" Districts based on the following criteria:
1.
The concealed communication antennae shall be housed completely within the main building on the site.
2.
The portion of the structure housing the concealed communication antennae, such as a steeple or cupola, may exceed the building height limitation.
3.
When any concealed communication antenna shall no longer be used for its original communications purpose, the owner of such antenna or tower or the last lessee, licensee or user thereof or the owner of the site on which the same is located shall be obligated, jointly and severally, at their expense to dismantle and remove promptly such antenna or tower from its site. The licensed telecommunications user of such antenna or tower shall provide the City with a copy of the notice to the FCC of intent to cease operations thereon and shall have ninety (90) days from cessation of operations to complete the dismantling and removal of its equipment and the antenna or tower from the site.
4.
If the antenna is not removed, the City reserves the right at any time thereafter, and after giving thirty (30) days' written notice to the interested parties, to enter the property and remove the antenna or tower, to charge the costs to the last lessee, licensee or user thereof or the owners and to place a lien in the amount of the costs against the property of the owner of the site.
B.
Roof-Mounted Communications Antennae. Roof-mounted communications antennae may be allowed in the "AG," "SP," "HTO," "GC," "PC" and "LI" Districts based on the following criteria:
1.
Roof-mounted communication antennae shall be limited in height as follows:
a.
Whip antennae shall not exceed fifteen (15) feet in height as measured from the roof of the building.
b.
Panel antennae shall not exceed ten (10) feet in height as measured from the roof of the building.
c.
Any other type of antennae shall not exceed five (5) feet in height as measured from the roof of the building.
2.
The design of the communication antennae shall maximize use of building materials, colors, textures and screening that effectively blend the communication antennae with the surrounding built environment.
3.
A site plan, conforming to the requirements of Section 405.240, shall be submitted with the application and shall include the following additional information:
4.
Roof-mounted communication antennae shall not be installed on residential buildings or on buildings located on lots used for residential purposes.
5.
When any communication antenna shall no longer be used for its original communications purpose, the owner of such antenna or the last lessee, licensee or user thereof or the owner of the site on which the same is located shall be obligated, jointly and severally, at their expense to dismantle and remove promptly such antenna or tower from its site. The licensed telecommunications user of such antenna or tower shall provide the City with a copy of the notice to the FCC of intent to cease operations thereon and shall have ninety (90) days from cessation of operations to complete the dismantling and removal of its equipment and the antenna or tower from the site.
6.
If the antenna or tower is not removed, the City reserves the right at any time thereafter, and after giving thirty (30) days' written notice to the interested parties, to enter the property and remove the antenna or tower, to charge the costs to the last lessee, licensee or user thereof or the owners and to place a lien in the amount of the costs against the property of the owner of the site.
C.
Stealth Communications Towers And Antennae. Stealth communications towers and antennae may be allowed in the "AG," "SP," "HTO," "GC" and "LI" Districts based on the following criteria:
1.
A stealth communication tower shall not exceed eighty (80) feet in height.
2.
The stealth communication tower shall be set back from all property lines a minimum of one (1) foot for every foot of tower height. No stealth communication tower shall be located within one hundred fifty (150) feet of any residential building.
3.
Stealth communication towers shall be a monopole or similar design that does not require the use of guy wires.
4.
The design of the tower shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities with the surrounding natural setting and built environment and conceal communication antennae and other equipment.
5.
All accessory uses shall be subject to setback requirements generally applicable to principal uses in the district and no accessory building or structure shall exceed ten (10) feet in height. Any equipment shelter structures or buildings, fencing and similar structures or improvements constituting accessory uses shall be located on the same parcel of land occupied by the stealth communication tower and suitably screened.
6.
The site plan, conforming to the requirements of Section 405.240, for the stealth communication tower shall include the following additional information:
a.
Exact location of the tower;
b.
Proposed type, number and location of antennae or other transmission equipment to be located on the tower;
c.
Location of any adjoining residential districts or buildings used for residential purposes;
d.
A rendering of the stealth tower or a picture of a similar existing stealth communication tower.
7.
No advertising signs or lights shall be allowed on the stealth communication tower.
8.
No outdoor storage shall be allowed on the site containing the stealth communication tower.
9.
A stealth communication tower shall not exceed the height of any surrounding trees by more than five (5) feet.
10.
When any stealth communication tower shall no longer be used for its original communications purpose, the owner of such antenna or tower or the last lessee, licensee or user thereof or the owner of the site on which the same is located shall be obligated, jointly and severally, at their expense to dismantle and remove promptly such antenna or tower from its site. The licensed telecommunications user of such antenna or tower shall provide the City with a copy of the notice to the FCC of intent to cease operations thereon and shall have ninety (90) days from cessation of operations to complete the dismantling and removal of its equipment and the antenna or tower from the site.
11.
If the antenna or tower is not removed, the City reserves the right at any time thereafter, and after giving thirty (30) days' written notice to the interested parties, to enter the property and remove the antenna or tower, to charge the costs to the last lessee, licensee or user thereof or the owners and to place a lien in the amount of the costs against the property of the owner of the site.
D.
Utility Pole-Mounted Antennae. Utility pole-mounted antennae may be allowed in the "AG," "SP," "HTO," "GC" and "LI" Districts based on the following criteria:
1.
Communication antennae on utility poles may exceed the height limitation provided that no equipment shall exceed fifteen (15) feet in height as measured from the top of the utility pole and a total height of seventy (70) feet above the ground.
2.
The design of any communication antenna and equipment shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the communication antenna facilities with the surrounding natural setting and built environment.
3.
The site plan, conforming to the requirements of Section 405.240, for the communication antennae shall include the following additional information:
4.
The antennae shall consist of a single whip antenna not exceeding fifteen (15) feet in height/length or a canister containing one (1) or more antennae that does not exceed fifteen (15) feet in height/length or eighteen (18) inches in diameter or an antenna that is in the shape of a rectangle or similar shape and not more than one (1) cubic foot in size.
5.
No separate on-site support building is necessary for operation of the communication antenna.
6.
Other equipment necessary for the operation of the communication antenna is relatively small and can be mounted on or within the alternative support structure.
7.
The communication antennae shall not extend more than fifteen (15) feet above the highest power line.
Section 405.225 Performance Standards For Conditional Uses.
[Ord. No. 18-12, 12-11-2018]
A.
Cemeteries. Cemeteries may be allowed in the "AG" zoning district based on the following criteria:
1.
Shall be located on parcels of at least twenty (20) acres.
2.
The use of the site shall be limited to cremation and final interment of bodies or ashes in the ground, in columbariums, in mausoleums or similar facilities and the customary accessory uses to support a cemetery. No funeral homes or similar uses shall be allowed.
3.
Other additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.
4.
No building in a cemetery shall exceed twenty (20) feet in height.
B.
Communication Towers. Communication towers may be allowed in the "AG," "SP," "HTO," "GC" and "LI" Districts based on the following criteria:
1.
The height of the tower shall not exceed two hundred fifty (250) feet in the "AG" District or one hundred fifty (150) feet in any other district.
2.
The tower shall be set back from property lines a minimum of one (1) foot for every foot of tower height. No communication tower shall be located within five hundred (500) feet of any residential building.
3.
Owners and operators of every communication tower approved after the effective date of this Chapter may be required to provide for the collocation of other communications providers on their tower for reasonable compensation if their tower exceeds sixty (60) feet in height.
4.
Prior to approval of a communication tower by the Board of Aldermen, the applicant shall document their efforts to locate their antenna on an existing communication tower or other structure within the City or in close proximity to the City. Such documentation shall also indicate why collocation on any existing tower is not feasible.
5.
The design of the tower shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities with the surrounding natural setting and built environment.
6.
All accessory uses and any guy wire anchors shall be subject to height and setback requirements generally applicable to principal uses in the district. All guy wire anchor locations, equipment shelter structures or buildings, fencing and similar structures or improvements constituting accessory uses shall be located on the same parcel of land occupied by the communication tower.
7.
The site plan, conforming to the requirements of Section 405.240, for the communication tower shall include the following additional information:
8.
No advertising signs shall be allowed on the communication tower.
9.
No outdoor storage shall be allowed on the site containing the communication tower.
10.
The site containing the communication tower shall be surrounded by a sight proof fence or evergreen plant material of at least six (6) feet in height.
11.
When any communication tower shall no longer be used for its original communications purpose, the owner of such antenna or tower or the last lessee, licensee or user thereof or the owner of the site on which the same is located shall be obligated, jointly and severally, at their expense to dismantle and remove promptly such antenna or tower from its site. The licensed telecommunications user of such antenna or tower shall provide the City with a copy of the notice to the FCC of intent to cease operations thereon and shall have ninety (90) days from cessation of operations to complete the dismantling and removal of its equipment and the antenna or tower from the site.
12.
If the antenna or tower is not removed, the City reserves the right at any time thereafter, and after giving thirty (30) days' written notice to the interested parties, to enter the property and remove the antenna or tower, to charge the costs to the last lessee, licensee or user thereof or the owners and to place a lien in the amount of the costs against the property of the owner of the site.
13.
Additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.
C.
Private Elementary And Secondary Schools. Private elementary and secondary schools may be allowed in the "AG," "RS-3," "RS-2," "RS-1" and "SP" zoning districts based on the following criteria:
1.
Shall be located on lots of not less than five (5) acres and there shall be a minimum of one (1) acre on the site per fifty (50) students to be enrolled;
2.
Athletic fields shall be separated from adjacent residentially zoned land by a minimum six (6) foot high opaque screen of berms, evergreen plant material, fences or a combination thereof;
3.
Lights for major outdoor recreation and entertainment facilities shall require special review and approval and shall comply with all requirements of the City's lighting ordinance;
4.
The maximum enrollment of any private school in the City shall not exceed seven hundred (700) students.
5.
Other additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.
D.
Child Day Care Services. Child day care services may be allowed in the "AG" and "RS-3" zoning districts based on the following criteria:
1.
The site shall be located on a paved street with sufficient width to accommodate vehicular traffic generated by the use.
2.
Passenger loading and unloading facilities shall be provided on the site and such facilities shall be designed to preclude any back-up movements to enter or exit the site.
3.
All buildings and play areas shall be set back at least fifty (50) feet from all property lines.
4.
Operating hours shall be as determined by the Board of Aldermen based on neighborhood conditions.
5.
Other additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.
E.
Nursing and residential care facilities may be allowed in the "PR" and "PC" zoning districts based on the following criteria:
[Ord. No. 21-10, 10-12-2021]
1.
Shall be on a site of at least five (5) acres.
2.
The density of development (for apartment-type units) within a nursing and residential care facility shall not exceed fifteen (15) dwelling units per acre. Living units with cooking facilities shall count as one (1) dwelling unit and living units without cooking facilities shall count as two-thirds (2/3) of a dwelling unit for purposes of calculating the density of development.
3.
Nursing and residential care facilities shall be primarily residential in character; however, for assisted living, congregate care, residential care, and skilled nursing facilities, centralized eating facilities for residents of the facility, medical facilities and similar uses associated with the long- or short-term care of patients may be included.
4.
An accessible elevator is required for structures with two (2) or more floors.
5.
In compliance with other additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.
F.
Gasoline Service Stations. Gasoline service stations or any other facility selling gasoline and/or similar motor fuels may be allowed in the "GC" zoning district based on the following criteria:
1.
Site Size. Service station sites shall contain a minimum area of forty thousand (40,000) square feet and a minimum lot frontage of one hundred fifty (150) feet.
2.
Setbacks. All buildings shall be set back at least fifty (50) feet from the street right-of-way line and at least twenty (20) feet from any other property line unless a greater setback is required by other provisions of this Chapter. Canopies may be erected to within twenty (20) feet of a property line or street right-of-way line to protect automobiles positioned for service at pump islands.
3.
Major Repairs Prohibited. Major engine or transmission dismantling, body and fender work, top and upholstery work shall not be permitted on the premises.
4.
Trailer And Equipment Rental Prohibited. Trailer and equipment rentals shall not be permitted to operate on the premises of a service station.
5.
Used Car Sales Prohibited. No service station shall be allowed to operate a used car sales lot as an accessory use.
6.
Car Wash Facilities Restricted. Car wash facilities may be allowed if specifically spelled out in the conditional use permit. Such facilities shall be located and operated so as to minimize their impact (in terms of noise, drainage onto streets, car lights and unsightliness) on any abutting residential properties.
7.
Landscaping And Buffering. A landscaped buffer at least twenty (20) feet in width shall be provided along the length of all property lines including along all frontage on street rights-of-way except where broken for entranceways. Landscaping shall be in accordance with Section 405.250(E).
8.
Other additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.