Weston City Zoning Code
ARTICLE III
Zoning Districts - Use and Regulations
Section 405.080 "A-1" Agricultural District.
[Ord. No. 9.004 Art. V §1, 2-22-1972; Ord. No. 9.019 §3(B), 8-12-1985]
A.
General. Within the "A-1" Agricultural District, the following regulations should apply.
B.
Permitted Uses.
1.
Agriculture and agricultural buildings or structures, including greenhouses, provided that no livestock should be housed closer than four hundred (400) feet from any lot in any "R" District.
3.
Any buildings or structures occupied by or used for churches, Sunday schools, parish houses, public and parochial schools, public libraries, convents, monasteries, museums and similar public cultural uses located not less than forty (40) feet from any "R" District.
4.
Open air recreational use such as parks and playgrounds.
5.
Essential services, as defined in Article I, Section 405.010(C), and public service buildings or properties, except such uses as storage yards, warehouses, garages or other uses customarily conducted as gainful business, provided any building should be located not less than forty (40) feet from any "R" District.
6.
Cemeteries.
7.
Existing railroad rights-of-way, not including switching, storage, freight yards or sidings.
8.
Home occupations as defined in Article I, Section 405.010(C) of this Chapter.
9.
Temporary buildings and uses for construction purposes for a period not to exceed one (1) year.
10.
One-family detached dwellings.
11.
A sewage lagoon for treatment of waste, of animal offal, commercial poultry facilities and commercial feed facilities, provided such uses should be located not less than one thousand three hundred twenty (1,320) feet from any lot in any "R" District.
12.
Sale of nursery, greenhouse and truck farm products where growth of products takes place on the premises.
13.
Country clubs, golf courses, swimming clubs and similar recreational uses, provided that any principal or accessory building in connection therewith should be located not less than two hundred (200) feet from any "R" District.
14.
The following uses may be permitted in accordance with the provisions and procedures indicated by the Board of Aldermen upon application in accordance with and after compliance with the procedure set forth in Article IV, Section 405.240 of this Chapter.
a.
Junk yard including automobile wrecking and storage.
b.
Sanitary landfills, in accordance with other applicable requirements and regulations, provided that no such landfill should be operated within one thousand three hundred twenty (1,320) feet of any "R" District.
c.
Mining, loading of coal, clay, sand or gravel, including equipment, buildings or structures for washing, crushing, screening, mixing or storage subject to the following conditions and restrictions:
(1)
No open pit or shaft should be located less than five hundred (500) feet from any residence.
(2)
No open pit or shaft should be located less than one thousand three hundred twenty (1,320) feet from any "R" District.
(3)
All buildings or structures for washing, crushing, screening, mixing or storage should be located not less than five hundred (500) feet from any residence and one thousand three hundred twenty (1,320) feet from any "R" District.
15.
Accessory building and use, as defined in Article I, Section 405.010 of this Chapter and as regulated by Article IV, Section 405.250 of this Chapter, including the following accessory use: buildings and structures accessory to agricultural uses including roadside stands selling produce grown on the premises, provided that such stands should be located not less than fifty (50) feet from a street or highway right-of-way.
16.
Bed and breakfast facilities by special use exception.
17.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Uses And Improvements Specifically Prohibited. Billboards and sign boards.
E.
Lot Size.
1.
No minimum lot area should be required for agricultural use.
2.
A minimum lot area of fifteen (15) acres should be required for one-family dwelling use. Except as hereinafter provided, no residential structure shall be erected or altered in any "A-1" Agricultural District unless said structure, when completed, shall be in conformity with the existing requirements of this Section.
3.
Public school, elementary and high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school, including religious instruction in parochial schools, hereafter erected should conform to the following minimum standards:
a.
Elementary school. Five (5) acres plus one (1) additional acre per one hundred (100) student design capacity in excess of five hundred (500) students.
b.
Junior high school. Twenty-five (25) acres plus one (1) additional acre per one hundred (100) student design capacity in excess of one thousand (1,000) students.
c.
Senior high school. Forty (40) acres plus one (1) additional acre per one hundred (100) student design capacity in excess of one thousand five hundred (1,500) students.
F.
Yard Areas. There shall be a front yard between the building line and the highway and street right-of-way lines as shown on the Weston Comprehensive Community Plan as follows:
Type of Thoroughfare | Setback Distance | |
|---|---|---|
Major highway | 80 feet | |
Arterial | 70 feet | |
Collector | 60 feet | |
Section and half-section line | 40 feet | |
Local | 30 feet |
Section 405.090 "R-1" One-Family Dwelling District.
[Ord. No. 9.004 Art. VI §1, 2-22-1972; Ord. No. 9.014 §4, 6-12-1978; Ord. No. 9.019 §3(B), 8-12-1985; Ord. No. 9.037 §1, 12-13-1993; Ord. No. 9.037.1 §1, 4-12-1999; Ord. No. 9.058 §1, 5-8-2006]
A.
General. Within the "R-1" One-Family Dwelling District, the following regulations should apply.
B.
Permitted Uses.
1.
One-family detached dwellings.
3.
Public school, elementary or high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school, including religious instruction in parochial schools.
4.
Churches and similar places of worship.
5.
Convents, monasteries, rectories or parish houses to be occupied by not more than ten (10) persons.
6.
Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
7.
Temporary buildings and uses for construction purposes for a period not to exceed one (1) year.
10.
Private swimming pools appurtenant to a one-family dwelling and on the same lot when they meet yard depth and width requirements for principal buildings in the district in which they are located and when the swimming pool or the property on which it is located is adequately fenced to prevent free access of small children and meets all applicable health and sanitary requirements.
11.
Bed and breakfast facilities by special use exception.
12.
Detached garages, gazebos and utility/storage sheds, subject to the following restrictions and requirements:
[Ord. No. 9.072 §1, 7-9-2012; Ord. No. 9.095 §1, 2-8-2016]
a.
A garage shall not be permitted on an ownership parcel without a residential structure.
b.
A detached garage shall be no larger than seven hundred eighty (780) square feet as calculated by multiplying the exterior width by the exterior length. A detached garage must be on a permanent foundation with footings below frost depth.
The facing material of the garage shall be substantially the same as the residential structure or the prevailing building material used in the neighborhood. A variation from the facing material requirement shall be by special use exception only.
c.
Gazebos shall be built with substantially the same facing material as the residential structure or the prevailing building material used in the neighborhood.
d.
Utility building/storage sheds shall be no larger than two hundred eighty-eight (288) square feet as calculated by multiplying the exterior width by the exterior length and shall be no taller than ten (10) feet.
Gazebos shall be no larger than twelve (12) feet by twenty-four (24) feet and no taller than sixteen (16) feet from the finished floor, and the finished floor no taller than two (2) feet from ground level.
e.
The building line for a detached garage shall be no less than five (5) feet behind the front building line of the residential structure and shall conform to side and rear yard setbacks for the residential district in which the detached garage is constructed.
f.
All accessory buildings other than detached garages shall be no less than five (5) feet from the back building line of the residential structure and no less than five (5) feet from the rear yard line of the lot and shall conform to the side yard requirements for the residential district in which the accessory building is constructed.
g.
No more than forty percent (40%) of the square footage of the ownership parcel shall be covered by the residential dwelling and accessory building(s) permitted by this Chapter.
C.
D.
Lot Size.
1.
Every one-family detached dwelling, convent, monastery, rectory or parish house hereafter erected should be on a lot having an area of not less than twenty thousand (20,000) square feet and a width at the established building line of not less than one hundred (100) feet, except as specified through the application of Article IV, Sections 405.270 and 405.280 of this Chapter.
2.
Churches and similar places of worship hereafter erected should be on a lot having an area of not less than one and one-half (1½) acres and a width at the building line of not less than two hundred (200) feet.
3.
Schools, both public and private, including parochial, hereafter erected should conform to the following minimum standards:
a.
Elementary school. Five (5) acres plus one (1) acre per one hundred (100) student design capacity.
b.
Junior high school. Twenty-five (25) acres plus one (1) acre per one hundred (100) student design capacity.
c.
Senior high school. Forty (40) acres plus one (1) acre per one hundred (100) student design capacity.
E.
Yard Areas. No building or structure should be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
1.
Front yard. Each lot upon which a dwelling is constructed should have a front yard of not less than forty-five (45) feet in depth measured from the building line to the street right-of-way line or an existing building line.
2.
Side yard. On each lot upon which a dwelling is constructed there should be a side yard on each side of not less than twenty (20) feet. The combined total of the side yards for interior lots should not be less than forty (40) feet. The side yard on each side of a building on a lot of record which is less than one hundred fifty (150) feet in width should have a width of ten percent (10%) of the width of the lot, but should not be less than twelve (12) feet.
On lots upon which a church or a similar place of worship is constructed, there should be a side yard of not less than forty (40) feet on each side of the main structure and a combined total of side yards of not less than ninety (90) feet.
On any corner lot there shall be a front yard on each street.
3.
Rear yard. Every lot or parcel of land upon which a building is constructed should have a rear yard of not less than thirty-five (35) feet measured from the building line to the rear lot line or twenty percent (20%) of depth of lot, whichever is larger.
F.
Percentage Of Lot Coverage. All buildings, including accessory buildings, should not cover more than twenty percent (20%) of the area of the lot.
G.
Dwelling Standards. Every one-story dwelling hereafter erected in any "R-1" One-Family Dwelling District should have a total ground floor area of not less than thirteen hundred (1,300) square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages. Every dwelling of more than one (1) story hereafter erected in any "R-1" One-Family Dwelling District should have a total floor area, measured from the outside of the exterior walls, of not less than seventeen hundred (1,700) square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages, except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area.
Section 405.100 "R-2" One-Family Dwelling District.
[Ord. No. 9.004 Art. VI §2, 2-22-1972; Ord. No. 9.019 §3(B), 8-12-1985; Ord. No. 9.037 §1, 12-13-1993; Ord. No. 9.037.1 §1, 4-12-1999; Ord. No. 9.058 §2, 5-8-2006]
A.
General. Within the "R-2" One-Family Dwelling District, the following regulations should apply.
B.
Permitted Uses. Any use permitted in the "R-1" One-Family Dwelling District.
C.
Height. The same regulations should apply as required or permitted in the "R-1" One-Family Dwelling District.
D.
Lot Size.
1.
Every one-family detached dwelling, convent, monastery, rectory or parish house hereafter erected should be in conformity with the following requirements;
Minimum Lot Area/Dwelling Unit (square feet) | ||
|---|---|---|
If served by individual septic tank | 20,000 | |
If served by public or other approved community sewer system | 14,000 |
2.
Churches and similar places of worship hereafter erected should be on a lot having an area of not less than one (1) acre in area and a width at the building line of not less than one hundred twenty-five (125) feet.
3.
Public and private schools. Same regulations should apply as required or permitted in the "R-1" One-Family Dwelling District.
E.
Yard Areas. No building or structure should be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
1.
Front yard. Each lot upon which a dwelling is constructed should have a front yard of not less than forty (40) feet or an existing building line.
2.
Side yard. On each lot upon which a dwelling is constructed, there should be a side yard on each side of not less than fifteen (15) feet.
On lots upon which a church or similar place of worship is constructed, there should be a side yard of not less than thirty (30) feet on each side of the main structure and a combined total of side yards of not less than sixty-five (65) feet.
On any corner lot there shall be a front yard on each street.
3.
Rear yard. Every lot or parcel of land upon which a building is constructed should have a rear yard of not less than thirty (30) feet or fifteen percent (15%) of the depth of the lot, whichever amount is larger.
F.
Percentage Of Lot Coverage. All buildings, including accessory buildings, should not cover more than thirty percent (30%) of the lot.
G.
Dwelling Standards. Every one-story dwelling hereafter erected in any "R-2" One-Family Dwelling District should have a total ground area of not less than twelve hundred (1,200) square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages. Every dwelling of more than one (1) story hereafter erected in any "R-2" One-Family Dwelling District should have a total floor area, measured from the outside of the exterior walls, of not less than sixteen hundred (1,600) square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages, except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor areas.
Section 405.110 "R-3" One and Two-Family Dwelling District.
[Ord. No. 9.004 Art. VI §3, 2-22-1972; Ord. No. 9.019 §3(B), 8-12-1985; Ord. No. 9.037 §1, 12-13-1993; Ord. No. 9.037.1 §1, 4-12-1999; Ord. No. 9.058 §3, 5-8-2006]
A.
General. Within the "R-3" One- and Two-Family Dwelling District, the following regulations should apply.
B.
Permitted Uses.
1.
One-family detached dwellings.
2.
Two-family detached dwellings.
3.
Detached garages, gazebos and utility/storage sheds, subject to the following restrictions and requirements:
[Ord. No. 9.072 §1, 7-9-2012; Ord. No. 9.095 §1, 2-8-2016]
a.
A garage shall not be permitted on an ownership parcel without a residential structure.
b.
A detached garage shall be no larger than seven hundred eighty (780) square feet as calculated by multiplying the exterior width by the exterior length. A detached garage must be on a permanent foundation with footings below frost depth.
The facing material of the garage shall be substantially the same as the residential structure or the prevailing building material used in the neighborhood. A variation from the facing material requirement shall be by special use exception only.
c.
Gazebos shall be built with substantially the same facing material as the residential structure or the prevailing building material used in the neighborhood.
d.
Utility building/storage sheds shall be no larger than two hundred eighty-eight (288) square feet as calculated by multiplying the exterior width by the exterior length and shall be no taller than ten (10) feet.
Gazebos shall be no larger than twelve (12) feet by twenty-four (24) feet and no taller than sixteen (16) feet from the finished floor, and the finished floor no taller than two (2) feet from ground level.
e.
The building line for a detached garage shall be no less than five (5) feet behind the front building line of the residential structure and shall conform to side and rear yard setbacks for the residential district in which the detached garage is constructed.
f.
All accessory buildings other than detached garages shall be no less than five (5) feet from the back building line of the residential structure and no less than five (5) feet from the rear yard line of the lot and shall conform to the side yard requirements for the residential district in which the accessory building is constructed.
g.
No more than forty percent (40%) of the square footage of the ownership parcel shall be covered by the residential dwelling and accessory building(s) permitted by this Chapter.
4.
Bed and breakfast facilities by special use exception.
D.
Lot Size.
1.
Every one- and two-family detached dwelling, convent, monastery, rectory or parish house hereafter erected should be on a lot having an area of not less than seven thousand two hundred (7,200) square feet and a width at the established building line of not less than sixty (60) feet except as provided in Article IV, Section 405.250 or except as specified through the application of Article IV, Sections 405.270 and 405.280 of this Chapter.
2.
Churches and similar places of worship hereafter erected should be on a lot having an area of not less than fourteen thousand (14,000) square feet and a width at the building line of not less than one hundred (100) feet.
3.
Public and private schools. Same regulations should apply as required or permitted in the "R-1" One-Family Dwelling District.
E.
Yard Areas. No building or structure should be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
1.
Front yard. Each lot upon which a dwelling is constructed should have a front yard of not less than thirty (30) feet or an existing building line.
2.
Side yard. On each lot upon which a dwelling is constructed, there should be a side yard on each side of not less than eight (8) feet.
On lots upon which a church or similar place of worship is constructed, there should be a side yard of not less than thirty (30) feet on each side of the main structure and a combined total of side yards of not less than sixty (60) feet.
On any corner lot there shall be a front yard on each street.
3.
Rear yard. Every lot or parcel of land upon which a building is constructed should have a rear yard of not less than twenty-five (25) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty (40) feet.
F.
Percentage Of Lot Coverage. All buildings, including accessory buildings, should not cover more than forty percent (40%) of the area of the lot.
G.
Dwelling Standards. Every one-story dwelling hereafter erected in any "R-3" One- and Two-Family Dwelling District should have a total ground area of not less than nine hundred (900) square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages. Every dwelling of more than one (1) story hereafter erected in any "R-3" One- and Two-Family Dwelling District should have a total floor area, measured from the outside of the exterior walls, of not less than twelve hundred (1,200) square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages, except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor areas.
Section 405.120 "R-4" Multiple-Family Dwelling District.
[Ord. No. 9.004 Art. VI §4, 2-22-1972; Ord. No. 9.019 §3(B), 8-12-1985; Ord. No. 9.037 §1, 12-13-1993; Ord. No. 9.037.1 §1, 4-12-1999; Ord. No. 9.058 §4, 5-8-2006]
A.
General. Within the "R-4" Multiple-Family Dwelling District, the following regulations should apply.
B.
Permitted Uses.
1.
Two-family dwellings and multiple dwellings not to exceed eight (8) dwelling units or apartments per structure.
2.
One-family row dwellings with not more than eight (8) dwelling units in one (1) building.
3.
Garden apartments.
4.
Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service, customarily carried on as a business.
5.
Detached garages, gazebos and utility/storage sheds, subject to the following restrictions and requirements:
[Ord. No. 9.072 §3, 7-9-2012; Ord. No. 9.095 §1, 2-8-2016]
a.
A garage shall not be permitted on an ownership parcel without a residential structure.
b.
A detached garage shall be no larger than seven hundred eighty (780) square feet as calculated by multiplying the exterior width by the exterior length. A detached garage must be on a permanent foundation with footings below frost depth.
The facing material of the garage shall be substantially the same as the residential structure or the prevailing building material used in the neighborhood. A variation from the facing material requirement shall be by special use exception only.
c.
Gazebos shall be built with substantially the same facing material as the residential structure or the prevailing building material used in the neighborhood.
d.
Utility building/storage sheds shall be no larger than two hundred eighty-eight (288) square feet as calculated by multiplying the exterior width by the exterior length and shall be no taller than ten (10) feet.
Gazebos shall be no larger than twelve (12) feet by twenty-four (24) feet and no taller than sixteen (16) feet from the finished floor, and the finished floor no taller than two (2) feet from ground level.
e.
The building line for a detached garage shall be no less than five (5) feet behind the front building line of the residential structure and shall conform to side and rear yard setbacks for the residential district in which the detached garage is constructed.
f.
All accessory buildings other than detached garages shall be no less than five (5) feet from the back building line of the residential structure and no less than five (5) feet from the rear yard line of the lot and shall conform to the side yard requirements for the residential district in which the accessory building is constructed.
g.
No more than forty percent (40%) of the square footage of the ownership parcel shall be covered by the residential dwelling and accessory building(s) permitted by this Chapter.
6.
Bed and breakfast facilities by special use exceptions.
D.
Lot Size.
1.
Every two-family dwelling hereafter erected or structurally altered should be on a lot having an area of not less than two thousand five hundred (2,500) square feet per dwelling unit and a width at the building line of not less than forty (40) feet, except as provided in Article IV, Section 405.250 of this Chapter.
2.
Every multiple-family dwelling and row house hereafter erected should provide a lot area per dwelling unit in accordance with the following schedule:
Number of Bedrooms | Minimum Lot Size/Dwelling Unit (square feet) | |
|---|---|---|
1 | 2,000 | |
2 | 2,250 | |
3 | 2,500 | |
4 | 3,000 |
3.
Churches and similar places of worship. The same regulations should apply as required in the "R-3" One- and Two-Family Dwelling District.
E.
Yard Areas.
1.
Front yard. Each lot upon which a building is constructed should have a front yard of not less than twenty (20) feet or an existing building line.
2.
Side yard. Each lot upon which a two-family dwelling is constructed should have a side yard of not less than ten (10) feet.
Each lot upon which a multi-family dwelling or row house is constructed should have a side yard of not less than eight (8) feet.
On any corner lot there shall be a front yard on each street.
3.
Rear yard. Every lot or parcel of land upon which a building is constructed should have a rear yard of not less than fifteen (15) feet.
F.
Percentage Of Lot Coverage. All buildings, including accessory buildings, should not cover more than fifty percent (50%) of the area of the lot.
G.
Dwelling Standards. Each dwelling unit hereafter erected, converted or reconstructed in any "R-4" Multiple-Family Dwelling District should contain floor area in compliance with the following:
1.
Two-family dwellings should have a total ground floor area of not less than nine hundred (900) square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages. Every dwelling of more than one (1) story hereafter erected in any "R-4" Multiple-Family Dwelling District should have a total floor area, measured from the outside of the exterior walls, of not less than twelve hundred fifty (1,250) square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages, except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor areas.
2.
Multiple-family and row house dwelling structures should have a floor area for each dwelling unit of not less than seven hundred (700) square feet, measured from the outside walls, including utility rooms, but excluding all other areas not used for living or sleeping purposes.
Section 405.130 "R-5" Mobile Home Dwelling District.
[Ord. No. 9.004 Art. VI §5, 2-22-1972; Ord. No. 9.037 §1, 12-13-1993; Ord. No. 9.037.1 §1, 4-12-1999]
A.
General. Within the "R-5" Mobile Home Dwelling District, the following regulations should apply.
B.
Permitted Uses.
2.
A one-family detached dwelling for occupancy by the manager or custodian of any mobile home trailer park subdivision.
3.
Detached garages, gazebos and utility/storage sheds, subject to the following restrictions and requirements:
[Ord. No. 9.095 §1, 2-8-2016]]
a.
A garage shall not be permitted on an ownership parcel without a residential structure.
b.
A detached garage shall be no larger than seven hundred eighty (780) square feet as calculated by multiplying the exterior width by the exterior length. A detached garage must be on a permanent foundation with footings below frost depth.
The facing material of the garage shall be substantially the same as the residential structure or the prevailing building material used in the neighborhood. A variation from the facing material requirement shall be by special use exception only.
c.
Gazebos shall be built with substantially the same facing material as the residential structure or the prevailing building material used in the neighborhood.
d.
Utility building/storage sheds shall be no larger than two hundred eighty-eight (288) square feet as calculated by multiplying the exterior width by the exterior length and shall be no taller than ten (10) feet.
Gazebos shall be no larger than twelve (12) feet by twenty-four (24) feet and no taller than sixteen (16) feet from the finished floor, and the finished floor no taller than two (2) feet from ground level.
e.
The building line for a detached garage shall be no less than five (5) feet behind the front building line of the residential structure and shall conform to side and rear yard setbacks for the residential district in which the detached garage is constructed.
f.
All accessory buildings other than detached garages shall be no less than five (5) feet from the back building line of the residential structure and no less than five (5) feet from the rear yard line of the lot and shall conform to the side yard requirements for the residential district in which the accessory building is constructed.
g.
No more than forty percent (40%) of the square footage of the ownership parcel shall be covered by the residential dwelling and accessory building(s) permitted by this Chapter.
Section 405.140 "H-1" Historic District.
[Ord. No. 9.004.1 §1, 10-10-1983; Ord. No. 9.004.2 §2, 6-12-1984; Ord. No. 9.004.3 §1, 4-9-1990; Ord. No. 9.004.4 §5, 12-9-1996; Ord. No. 9.053 §1, 12-13-2004]
A.
General. Within the "H-1" Historic District, the following regulations shall apply.
B.
Permitted Uses.
1.
Amusement establishments — bowling alleys, dance halls and other similar places of recreation when conducted wholly within a completely enclosed building.
2.
Antique store.
3.
Art, book, school supply and stationery stores.
4.
Art gallery.
5.
Bakery shop, including the baking and processing of food products when prepared for retail use on the premises only.
6.
Bank, financial institution and savings and loan association.
7.
Barbershop, beauty parlor or similar personal service shop.
8.
Camera and photographic supply shop for retail sales.
9.
Candle shop, including the making of candles.
10.
Candy store and ice cream store.
11.
Clubs and fraternal organizations.
12.
Custom dressmaking, millinery, tailoring or shoe repair, when conducted for retail sales on the premises only.
13.
Department store.
14.
Display and tour home, including businesses authorized by this Section.
15.
Drugstore (pharmacy).
16.
Dry cleaning and pressing establishment, when employing facilities for the cleaning and pressing of dry goods received on the premises from retail trade.
17.
Dry goods store, haberdashery and wearing apparel store.
18.
Electrical appliance store and repair, but not including appliance assembly or manufacturing.
19.
Florist shop for retail trade on the premises only.
20.
Food and fruit store.
21.
Furniture store and upholstery when conducted as part of the furniture retail operation and secondary to the main use.
22.
Furrier, when conducted for retail trade on the premises only.
23.
Garden supplies and seed store.
24.
Gift shop.
25.
Hardware store.
26.
Historical museum.
27.
Hobby store.
28.
Hotel, including dining and meeting rooms, when business uses occupy the street frontage except for entranceway to the hotel lobby.
29.
Household appliance store and repair shop.
30.
Interior decorating shop, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the main use.
31.
Jewelry store and watch repair.
32.
Leather goods and luggage store.
33.
Liquor store, package goods only.
34.
Meat market, including preparation and processing of meat (except slaughtering) when prepared for use or sale on the premises.
35.
Medical clinic.
36.
Microbrewery licensed by the State of Missouri with production not to exceed ten thousand (10,000) barrels per year. Such facilities shall provide that waste grain does not enter the City of Weston's sewer system and all facilities shall be operated so as not to produce noxious odors or noises.
37.
Newsstand.
38.
Office, business and professional.
39.
Off-street parking facilities in an open lot or a covered building.
40.
Paint and wallpaper store.
41.
Photography studio, art gallery or studio, including the developing of film and pictures when conducted as part of the retail business on the premises.
42.
Plumbing showroom, without shop or repair facilities.
43.
Post office.
44.
Public utility collection office.
45.
Restaurant, tea room, cafe, when establishment is not of the drive-in type where food is served to customers remaining in motor vehicles.
46.
Shoe store.
47.
Sporting goods store.
48.
Tobacco store.
49.
Theater (indoor).
50.
Typewriter and office equipment sales and service.
51.
Variety store.
52.
Wearing apparel shop.
53.
Woodworking and wood carving store.
54.
Winery for the manufacturing, storage, consumption and sale, at retail and wholesale, of light wine in accordance with the laws of the State of Missouri, ordinances of the City of Weston and rules and regulations of the United States Treasury Department and Missouri Liquor Control Department.
55.
Day care — licensed under Chapter 210, RSMo.
56.
Apartments for Residential Dwelling on any level other than the street level of buildings in the district.
[Ord. No. 9.110, 11-13-2018]
Any other similar type retail store not specifically listed herein when authorized by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission. | |
Any accessory use or building customarily incidental to the above-permitted uses and as regulated by subsequent Sections of this Chapter. |
57.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Condition Of Use. All commercial/business activities, except for automobile off-street parking facilities as specified in this "H-1" Historic District, shall be conducted wholly within an enclosed building, with the exception of:
[Ord. No. 9.075 §1, 11-19-2012]
1.
Restaurant patios or decks when the outside space is clearly secondary to the main restaurant under the following conditions:
a.
Newly constructed patios and decks are subject to a building permit application.
b.
Outside restaurant use will be for eating/drinking only. No barbeque grills or fire pits shall be allowed.
c.
The serving of alcoholic beverages on the patio or deck will be subject to the approval of the Board of Aldermen of the City of Weston during the liquor license application process.
d.
Music or other entertainment shall be played or performed so as not to be plainly audible more than fifty (50) feet from the source of the sound.
e.
Outside special events or festivals will be subject to the approval of the Board of Aldermen under the Weston special event policy (i.e., Irish Fest).
2.
Merchandise display on the sidewalk so long as four (4) feet of the sidewalk is left open for pedestrian use.
D.
Height Of Building. The height of all buildings or structures shall be determined by a maximum floor area ratio of two (2).
E.
Yard Areas. No building or structure shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
1.
Front yard. No front yard shall be required when all frontage between two (2) intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in an "R" District, all of which front upon the same street between two (2) intersecting streets, there shall be established the same front yard setback for all the frontage as has been established in the abutting "R" District.
Exception: When existing buildings located in this district have already established a building line at the street line at a depth less than required above, then all new buildings may conform to the same building line; except for the first fifty (50) feet of the "H-1" Historic District frontage adjacent to the "R" District, whereupon there shall be provided a front setback of not less than ten (10) feet.
2.
Side yard. No side yard shall be required except for a corner lot which abuts upon an "R" District or upon an alley separating "H-1" Historic District from an "R" District. There shall then be provided a side yard equal to one-half (½) of the front yard required in the abutting "R" District but in no case more than ten (10) feet. The same setback should apply also if business buildings front the intersecting street commonly referred to as the side street.
3.
Rear yard. There shall be a rear yard of not less than twenty (20) feet, provided however, that a one-story accessory building may be located thereon, except for the five (5) feet adjacent and parallel to the rear lot line or alley line for the storage of motor vehicles and the unloading and loading of vehicles under roof as provided in Article IV, Section 405.260.
G.
General. The preservation of historic landmarks promotes the public welfare and serves a public purpose by providing education, enrichment and inspiration to the residents of the City and by maintaining a civic cultural environment conducive to the conservation of property values. It is the purpose of this Chapter to assure the preservation of historic landmarks in the Historic Building District. It is intended that any new construction be compatible with the existing surrounding structures. It is further intended that the preservation and renovation of the exterior of existing structures be done in accordance with the provisions of this Chapter and within the rules and regulations adopted by the Planning and Zoning Commission of the City for this Historical Building District. There will be no restrictions on interior alterations which do not affect the exterior appearance of buildings.
The "Historic Building District" shall mean the area described as follows:
1.
All of Lots 120, 118, 113, 114, 115, 116 and 117, Block 12.
2.
All of Lots 105, 103, 101 and 100, Block 10.
3.
All of Lots 29, 30, 24 and 25, Block 3.
4.
All of Lots 31, 32, 36, 37, 38, 39 and 40, Block 4.
5.
All of Lots 1, 2, 3, 4, 5, 6, 7 and 8 and a ten (10) foot tract adjacent to the said Lot 4, all of Block 29. Such real estate contains the Weston Chronicle Building, which should be included in the "S-1" Historic Building District, in its entirety.
The term "historic landmark" shall mean a structure, building or humanly created object or environmental feature which possesses historic value by reason of age or association with important figures or events; or evidences aspects of history; or embodies distinctive characteristics of a type, period or method of construction; and which is located in the Historic Building District. |
H.
Historic Preservation Commission.
1.
General. The City Planning and Zoning Commission shall serve as the Historic Preservation Commission for the purposes of the Historic Building District. The President of the Weston Development Company and the President of the Weston Historical Museum shall be ex officio members of the Historic Preservation Commission. They shall render such advice, assistance and recommendations to the Commission, as they and their organizations deem appropriate and necessary. Such ex officio members shall not be voting members of the Planning and Zoning Commission unless they are appointed by the Mayor and ratified by the Board of Aldermen as regular members of the Planning and Zoning Commission. In that event, the Vice President of the Weston Development Company or the Weston Historical Museum shall become the ex officio member of the Historic Preservation Commission. The Chairperson of the Planning and Zoning Commission shall serve as the Chairperson of the Historic Preservation Commission.
2.
Powers and duties. The Historic Preservation Commission shall have, in addition to their regular powers and duties under the zoning regulations of the City, the following special powers and duties:
a.
To consider all applications to designate historic landmarks or districts and to make recommendations concerning such applications to the Mayor and the Board of Aldermen of the City.
b.
To consider applications for building permits for all structures within the Historic Building District and to make interpretations and recommendations concerning such applications to the Zoning Enforcement Officer.
c.
To consider and review all proposed changes to the exteriors of buildings, structures, street furniture, City parks, civic areas and public facilities within the Historic Building District.
d.
To consider applications for permission to demolish buildings, structures or humanly constructed objects anywhere in the City and to make recommendations concerning such application to the Zoning Enforcement Officer.
e.
To consider applications for the grant of variances within the Historic Building District and to make recommendations concerning such request to the Board of Zoning Adjustment.
f.
To recommend to the Board of Aldermen such rules and regulations with respect to historic preservation procedures as are consistent with the intent and purposes of this Section and as are necessary to fulfill the responsibilities of the Historic Preservation Commission. Such rules as the Board of Aldermen deems appropriate shall be made by the Board of Aldermen and be consistent with the intent and purposes of this Article and as are necessary to fulfill the responsibilities of the Historic Preservation Commission. All such rules shall be in writing and shall be a part of the public records of this City.
g.
To disseminate to owners or occupants within the Historic Building District or to the general public information concerning the preservation of the Historic Building District and other historic landmarks within the City.
h.
To assist in solicitation of grants or gifts on behalf of the City and to make recommendations to the Mayor and the Board of Aldermen regarding the acceptance of grants and gifts that relate to historic preservation.
i.
To spend appropriated funds, grant allocations or other funds for the employment of technical advisors and other budgeted operating expenses, subject to the limitations of established City budgetary and purchasing procedures.
j.
To promote liaison between the Weston Development Company, the Weston Historical Museum and the City Government to fulfill the intent and purposes of this Section and to promote the preservation of the historic landmarks in the City.
3.
Permitted uses, use regulations and use limitations. Permitted uses, use regulations and use limitations for the Historic Building District shall be those of the zoning district or districts within whose boundaries the Historic Building District is located as said regulations and limitations are contained in this Chapter, the General Zoning Regulations of the City.
4.
Building permits within the Historic Building District.
a.
It shall be unlawful to enlarge, alter, repair or repaint any building, structure, humanly constructed object or environmental feature within the Historic Building District without first obtaining a building permit.
b.
It shall be unlawful to construct a new building, structure, humanly constructed object or environmental feature within the Historic Building District without first obtaining a building permit.
c.
All applications for building permits within the Historic Building District shall be referred by the Zoning Enforcement Officer to the Historic Preservation Commission. The Historic Preservation Commission shall review every application for a building permit referred to it by the Zoning Enforcement Officer of the City.
d.
In reviewing an application for a building permit subject to this Subsection, a determination shall be made as to whether or not any proposed new construction is compatible with the buildings, structures and humanly constructed objects within the Historic Building District and with open spaces to which it may be visually related. A further determination shall be made as to whether or not the historical or architectural character of the existing building, structure, humanly constructed object or environmental feature will be preserved and whether the proposed enlargement, alteration or repair is compatible with other buildings, structures, humanly constructed objects or environmental features within the district and with open spaces to which it may be visually related.
5.
The Historic Preservation Commission shall recommend approval or disapproval of an application of a building permit within sixty (60) days after the receipt of the copy of such application from the Zoning Enforcement Officer or in the case of applications which are modified by the applicant after consultation with the Commission, the recommendation of the Commission shall be made within thirty (30) days after the receipt of the amended or modified application. The applicant shall be notified of the meeting dates of the Commission and shall be given the opportunity to be present when the application is discussed by the Commission. When the Commission recommends disapproval in application, it shall render a written report to the Zoning Enforcement Officer, a copy of which shall be given to the applicant explaining the reasons for the Commission's decision.
6.
Demolition of buildings and structures. It shall be unlawful to demolish any building, structure or humanly constructed object anywhere within the Historic Building District without first obtaining a building permit. In reviewing an application for a permit to demolish, the Commission shall make a determination as to whether or not the proposed demolition is detrimental to the preservation of the Historic Building District. In making this determination, the Commission may consider the following criteria:
a.
The historic value of the building or structure by reason of age or association with important figures or events; or as evidence of aspects of the history of the City; or as embodiment of the distinctive characteristics of a type, period or method of construction;
b.
The visual and special relationship of a building or structure to other structures or buildings within the Historic Building District;
c.
The state of deterioration or disrepair or structural unsoundness of the building or structure and the practicability and economics of rehabilitation.
7.
Abandoned buildings or structures. The Historic Preservation Commission may make a written request to the City Engineer and Chief of Police to exercise the powers granted them under the ordinances of the City for the boarding up or elimination of abandoned buildings or structures.
8.
Historic Building District standards. In reviewing applications within this district, the Historic Preservation Commission shall be guided by the following standards:
a.
In reviewing an application for a proposed undertaking that involves a color change or alteration that affects the external appearance of any building, structure or part thereof or any appurtenance related thereto or that affects the interior spaces of any public building, the Commission shall approve such proposed undertaking only if it is satisfied that the historical and general architectural character of the building, structure or appurtenance will be properly preserved.
b.
The Historic Preservation Commission shall not approve such undertaking unless it makes a determination that it is compatible with other buildings and structures in the district and with open spaces to which it may be visually related in terms of form, proportion, scale, configuration, arrangement of openings, rhythm of elements, architectural details, building materials, texture, colors and location.
c.
The Historic Preservation Commission may prepare and recommend to the Board of Aldermen, with review opportunity to the general public, a plan for the future development of the Historic Building District which, following adoption, shall be utilized in the review of any proposed development or renovation in the Historic Building District.
d.
The Historic Preservation Commission shall make a determination that any proposed new construction or renovation of existing buildings or structures shall be in character with the surrounding neighborhood and further shall determine if there are any adverse effects to the general welfare of the City and to the preservation of the property values of the owners of property within the City.
9.
Gifting of facades. Nothing in this Section is intended to prevent the gifting of facades, for charitable purposes, by landowners. Landowners are hereby granted the specific right to gift facades of buildings within the Historic Building District. Such gifts shall be supervised, managed and controlled by the Historic Preservation Commission in accordance with the standards set forth herein and the rules and regulations adopted by the Historic Preservation Commission pursuant to this Section.
Section 405.150 "C-1" Central Business District.
[Ord. No. 9.004 Art. VII §1, 2-22-1972; Ord. No. 9.019 §3(B), 8-12-1985; Ord. No. 9.020 §1, 1-12-1987; Ord. No. 9.023 §3, 4-13-1987; Ord. No. 9.056 §1, 4-11-2005]
A.
General. Within the "C-1" Central Business District, the following regulations shall apply.
B.
Permitted Uses. A Central Business District use is one (1) which includes, among others, buildings or structures, or a portion thereof, for the display and sale of merchandise, office, professional or service-type transactions, and may have residential dwellings on the first and/or second floor where permitted (see Number 58 and 59).
[Ord. No. 9.109, 11-13-2018]
1.
Amusement establishments — bowling alleys, dance halls and other similar places of recreation, when conducted wholly within a completely enclosed building.
2.
Antique stores.
3.
Art, book, school supply and stationery stores.
4.
Art galleries.
5.
Bakery shop, including the baking and processing of food products when prepared for retail use on the premises only.
6.
Banks, financial institutions, savings and loan association.
7.
Barbershop, beauty parlor or similar personal service shops.
8.
Camera and photographic supply shops for retail sales.
9.
Candy and ice cream store.
10.
Clubs and fraternal organizations.
11.
Custom dressmaking, millinery, tailoring or shoe repair, when conducted for retail sales on the premises only.
12.
Department stores.
13.
Drugstores.
14.
Dry cleaning and pressing establishments, when employing facilities for the cleaning and pressing of dry goods received on the premises from retail trade.
15.
Dry goods store, haberdashery and wearing apparel stores.
16.
Electrical appliance store and repair, but not including appliance assembly or manufacturing.
17.
Florist shop for retail trade on premises only.
18.
Furniture stores and upholstery when conducted as part of the retail operation and secondary to the main use.
19.
Furrier, when conducted for retail trade on the premises only.
20.
Garden supplies and seed stores.
21.
Gift shops.
22.
Hardware stores.
23.
Historical museums.
24.
Hobby stores.
25.
Hotels, including dining and meeting rooms, when business uses occupy the street frontage, except for entranceway to the hotel lobby.
26.
Household appliance store and repair shops.
27.
Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the main use.
28.
Jewelry store and watch repair.
29.
Leather goods and luggage store.
30.
Liquor store, package goods only.
31.
Medical clinics.
32.
Newsstands.
33.
Offices, business and professional.
34.
Off-street parking facilities in an open lot or a covered building.
35.
Paint and wallpaper store.
36.
Photography studio, art gallery or studio, including the developing of film and pictures when conducted as part of the retail business on the premises.
37.
Plumbing showroom, without shop or repair facilities.
38.
Post office.
39.
Public utility collection offices.
40.
Restaurant, tearoom, cafe, when establishment is not of the drive-in type where food is served to customers remaining in motor vehicles.
41.
Shoe store.
42.
Sporting goods store.
43.
Tobacco stores.
44.
Theaters, indoor.
45.
Typewriter and office equipment sales and service.
46.
Variety store.
47.
Wearing apparel shop.
48.
Any other similar type retail store not specifically listed herein, when authorized by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission.
49.
Any accessory use or building customarily incidental to the above-permitted uses and as regulated by subsequent Sections of this Chapter.
50.
Winery. For the manufacturing, storage, consumption and sale at retail and wholesale of light wine in accordance with the laws of Missouri, ordinances of the City of Weston and rules and regulations of the United States Treasury Department and Missouri Liquor Control Department.
51.
Display and tour homes and buildings including businesses authorized by this Section.
52.
Microbreweries licensed by the State of Missouri with production not to exceed ten thousand (10,000) barrels per year. Such facilities shall provide that waste grain does not enter the City's sewer system and all facilities shall be operated so as not to produce noxious odors or noises.
53.
Meat market, including all preparation and processing meat, except slaughtering, when prepared for use or sale on the premises.
54.
Woodworking and woodcarving store, including the making of wooden products and refinishing of furniture.
55.
Food and fruit stores.
56.
Candle shop, including the making of candles.
57.
Bed and breakfast facilities by special use exception.
58.
One- and Two-Family Residential Dwelling Unit on the first and second floor of buildings in Block 29, Lot 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.
59.
Apartments for Residential Dwelling on the second floor of buildings in the following areas:
a.
All of Lots 120, 118, 113, 114, 115, 116 and 117, Block 12.
b.
All of Lots 105, 103, 101 and 100, Block 10.
c.
All of Lots 29, 30, 24 and 25, Block 3.
d.
All of Lots 31, 32, 36, 37, 38, 39 and 40, Block 4.
e.
All of Lots 1, 2, 3, 4, 5, 6 and a ten-foot tract adjacent to the said Lot 4, all of Block 29.
60.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Condition of Use. All commercial/business activities shall be conducted wholly within an enclosed building, with the exception of:
[Ord. No. 9.076 §1, 11-19-2012]
1.
Restaurant patios or decks when the outside space is clearly secondary to the main restaurant under the following conditions:
a.
Newly constructed patios and decks are subject to a building permit application.
b.
Outside restaurant use will be for eating/drinking only. No barbeque grills or fire pits shall be allowed.
c.
The serving of alcoholic beverages on the patio or deck will be subject to the approval of the Board of Aldermen of the City of Weston during the liquor license application process.
d.
Music or other entertainment shall be played or performed so as not to be plainly audible more than fifty (50) feet from the source of the sound.
e.
Outside special events or festivals will be subject to the approval of the Board of Aldermen under the Weston special event policy (i.e., Irish Fest).
2.
Merchandise display on the sidewalk so long as four (4) feet of the sidewalk is left open for pedestrian use.
D.
Height Of Building. The height of all buildings or structures should be determined by a maximum floor area ratio of two (2).
E.
Yard Areas. No building or structure should be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
1.
Front yard. No front yard should be required when all frontage between two (2) intersecting streets lies within this district. However, when lots within this district are adjacent to the adjoining lots in an "R" District, all of which front upon the same street between two (2) intersecting streets, there should be established the same front yard setback for all the frontage as has been established in the abutting "R" District.
Exception. When existing buildings located in this district have already established a building line at the street line at a depth less than required above, then all new buildings may conform to the same building line; except for the first fifty (50) feet of the "C-1" District frontage adjacent to the "R" District, whereupon there should be provided a front setback of not less than ten (10) feet.
2.
Side yard. No side yard should be required, except for a corner lot which abuts upon an "R" District or upon an alley separating this district from an "R" District. There should then be provided a side yard equal to one-half (½) of the front yard required in the abutting "R" District, but in no case more than ten (10) feet. The same setback should apply also if business buildings front the intersecting street, commonly referred to as the side street.
3.
Rear yard. There should be a rear yard of not less than twenty (20) feet, provided however, that a one-story accessory building may be located thereon, except for the five (5) feet adjacent and parallel to the rear lot line or alley line for the storage of motor vehicles and the unloading and loading of vehicles under roof, as provided in Article IV, Section 405.260.
F.
Off-Street Parking And Loading Facilities.
[Ord. No. 9.088 §1, 7-14-2014]
1.
There will be no off-street parking and loading requirements in the "C-1" Central Business District when the commercial structure is located in the following blocks as indicated on the official Zoning Map of the City of Weston: Blocks 3, 4, 10, 12 and 29.
Section 405.160 "C-1-A" Business District.
[Ord. No. 9.013 §3, 9-12-1977; Ord. No. 9.029 §3, 10-9-1989]
A.
Generally. Within the "C-1-A" Business District, the following regulations shall apply.
B.
Permitted Uses.
1.
Antique stores.
2.
Art, book, school supply, and stationery stores.
3.
Art galleries.
4.
Bakery shop, including the baking and processing of food products when prepared for retail use on the premises only.
5.
Banks, financial institutions, savings and loan associations.
6.
Barber shop, beauty parlor, or similar personal service shops.
7.
Camera and photographic supply shops for retail sales.
8.
Candy and ice cream store.
9.
Clubs and fraternal organizations.
10.
Custom dressmaking, millinery, tailoring, or shoe repair when conducted for retail sales on the premises only.
11.
Department stores.
12.
Display and town homes and buildings including businesses authorized by this Section.
13.
Drugstores.
14.
Dry cleaning and pressing establishments, when employing facilities for the cleaning and pressing of dry goods received on the premises from retail trade.
15.
Dry goods store, haberdashery, and wearing apparel stores.
16.
Electrical appliance store and repair, but not including appliance assembly or manufacturing.
17.
Florist shop for retail trade on premises only.
18.
Furniture store, and upholstery when conducted as part of the retail operation and secondary to the main use.
19.
Furrier, when conducted for retail trade on the premises only.
20.
Garden supplies and seed stores.
21.
Gift shops.
22.
Hardware stores.
23.
Historical museums.
24.
Hobby stores.
25.
Hotels, including dining and meeting rooms, when business uses occupy the street frontage, except for entranceway to the hotel lobby.
26.
Household appliance store and repair shops.
27.
Interior decorating shops, including upholstery and making of draperies, slipcovers, and other similar articles, when conducted as part of the retail operations and secondary to the main use.
28.
Jewelry store and watch repair.
29.
Leather goods and luggage store.
30.
Liquor store, package goods only.
31.
Medical clinics.
32.
Newsstands
33.
Offices, business and professional.
34.
Paint and wallpaper store.
35.
Photography studio, art gallery or studio, including the developing of film and pictures when conducted as part of the retail business on the premises.
36.
Plumbing showroom, without shop or repair facilities.
37.
Post Office.
38.
Public utility collection offices.
39.
Restaurant, tea room, cafe, when establishment is not of the drive-in type where food is served to customers remaining in motor vehicles.
40.
Shoe store.
41.
Sporting goods store.
42.
Tobacco stores.
43.
Theaters, indoor.
44.
Typewriter and office equipment sales and service.
45.
Variety store.
46.
Wearing apparel shop.
47.
Any other similar type retail store not specifically listed herein, when authorized by the Board of Aldermen after review and recommendation by the Planning Commission.
48.
Any accessory use or building customarily incidental to the above-permitted uses and as regulated by subsequent Sections of this Chapter.
49.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Condition of Use. All commercial/business activities shall be conducted wholly within an enclosed building, with the exception of:
[Ord. No. 9.077 §1, 11-19-2012]
1.
Restaurant patios or decks when the outside space is clearly secondary to the main restaurant under the following conditions:
a.
Newly constructed patios and decks are subject to a building permit application.
b.
Outside restaurant use will be for eating/drinking only. No barbeque grills or fire pits shall be allowed.
c.
The serving of alcoholic beverages on the patio or deck will be subject to the approval of the Board of Aldermen of the City of Weston during the liquor license application process.
d.
Music or other entertainment shall be played or performed so as not to be plainly audible more than fifty (50) feet from the source of the sound.
e.
Outside special events or festivals will be subject to the approval of the Board of Aldermen under the Weston special event policy (i.e., Irish Fest).
D.
Height Of Building. The height of all buildings or structures should be determined by a maximum floor area ratio of two (2).
E.
Yard Areas. No building or structure should be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
1.
Front yard. No front yard should be required when all frontage between two (2) intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in an "R" District, all of which front upon the same street between two (2) intersecting streets, there should be established the same front yard setback for all the frontage as has been established in the abutting "R" District.
a.
Exception. When existing buildings located in this district have already established a building line at the street line at a depth less than required above, then all new buildings may conform to the same building line, except for the first fifty (50) feet of the "C-1" District frontage adjacent to the "R" District, whereupon there should be provided a front setback of not less than ten (10) feet.
2.
Side yard. No side yard should be required, except for a corner lot which abuts upon an "R" District, or upon an alley separating this district from an "R" District. There should then be provided a side yard equal to one-half (½) of the front yard required in the abutting "R" District, but in no case more than ten (10) feet. The same setback should apply also if business buildings front the intersecting street, commonly referred to as the side street.
3.
Rear yard. There should be a rear yard of not less than twenty (20) feet, provided however, that a one-story accessory building may be located thereon, except for the five (5) feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof, as provided in Article IV, Section 405.260.
Section 405.170 "C-2" Local-Highway Business District.
[Ord. No. 9.004 Art. VII §2, 2-22-1972; Ord. No. 9.018 §1, 5-13-1985; Ord. No. 9.019 §3(B), 8-12-1985; Ord. No. 9.027 §1, 6-12-1989; Ord. No. 9.029 §2, 10-9-1989]
A.
General. Within the "C-2" Local-Highway Business District, the following regulations should apply.
B.
Permitted Uses.
1.
Art, book, school supply and stationery stores.
2.
Air-conditioning and heating sales and service.
3.
Automobile motor repair, sales and service shop, including automobile body repair and rebuilding and painting of automobiles.
4.
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning.
5.
Bakery shops.
6.
Barbershop, beauty parlor, chiropody, health club or similar personal service shops.
7.
Battery and tire service stations.
8.
Beverage, non-alcoholic, bottling and distributing.
9.
Bicycle and motorcycle sales, repair and rental.
10.
Boat showroom.
11.
Candy and ice cream store.
12.
Drugstores.
13.
Dyeing, dry cleaning and laundry works.
14.
Farm implements.
15.
Feed and seed store, wholesale.
16.
Florist shop and nursery business.
17.
Food and fruit stores.
18.
Launderette, laundromat or similar self-service laundry or dry cleaning establishment.
19.
Meat markets.
20.
Motel.
21.
Newsstand.
22.
Plumbing, heating and roofing supply shops when conducted wholly within a building.
23.
Pet shop or animal hospital when conducted wholly within an enclosed building.
24.
Recreation places, including bowling alley, dance halls, gymnasium, skating rink, archery range, miniature golf course or other similar places of amusement or entertainment when operated for pecuniary profit.
25.
Restaurant, drive-in, car service.
26.
Shoe repair shop.
27.
Mobile homes and travel trailer sales, rental and repair on an open lot or within a building. In no event shall such mobile homes or travel trailers be occupied as residences at any time within this district.
28.
Uses customarily incidental to any of the above uses and accessory buildings when located on the same premises.
29.
Service and filling stations. Plans for the erection or structural alteration of an automobile service station shall be approved by the Planning and Zoning Commission. The Planning and Zoning Commission may require such change therein in relation to yards, location of pumps and buildings and construction of buildings as it may deem best suited to insure safety, to minimize traffic difficulties and to safeguard adjacent properties.
30.
The following uses or uses of a similar type pertinent to farm commodities, provided where they are within one hundred fifty (150) feet of a lot of a more restrictive zone. They shall be conducted wholly within the building or within an area screened on all sides by a masonry wall, compact evergreen planting or uniformly painted ornamental wood fence not less than six (6) feet in height shall be maintained between such use and adjoining residential zones except for off-street loading and delivery vehicles which are incidental thereto as required in Article IV, Section 405.260.
31.
Bed and breakfast facilities by special use exception.
32.
Any use permitted in the "C-1" Central Business District.
33.
Display and tour homes and buildings, including businesses authorized by this Section.
34.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Height. No building or structure should exceed two (2) stories or twenty-five (25) feet in height.
E.
Yard Areas. No building or structure should be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
1.
Front yard. Each lot upon which a building is constructed should have a front yard of not less than fifty (50) feet.
2.
Side yard. No side yard should be required, except for a lot which abuts upon an "R" District or upon an alley separating this district from an "R" District. There should then be provided a side yard equal to one-half (½) the front yard required in the abutting "R" District, but in no case less than fifteen (15) feet.
3.
Rear yard. There should be a rear yard of not less than twenty (20) feet; provided however, that a one-story accessory building may be located thereon, except for the five (5) feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof.
F.
Buffer Area. On lots abutting an "R" District, there should be provided a twenty (20) foot wide planting strip extending the length of the lot adjoining the "R" District planted with trees and shrubs to provide a dense screen at maturity.
Section 405.180 "C-2-A" Local Retail Business District.
[Ord. No. 9.024 §§4 — 11, 4-13-1987; Ord. No. 9.029 §4, 10-9-1989]
A.
General. With the "C-2-A" Local Retail Business District, the following regulations should apply.
B.
Permitted Uses.
1.
One-family dwellings.
2.
Churches.
3.
Retail businesses for the sale of antiques, art supplies, school supplies, candy, candles, crafts, ice cream, wearing apparel, flowers, furs, gifts, jewelry, leather goods and luggage.
4.
Dressmaking shops, historical museums, interior decorating shops, medical clinics, business or professional offices, restaurants (not including those of a drive-in type where food is served to customers waiting in a motor vehicle).
5.
Any other similar type retail businesses, not specifically listed herein, when authorized by the Board of Aldermen.
6.
Bed and breakfast facilities when authorized by special use exception.
7.
Display and tour homes and buildings including businesses authorized by this Section.
8.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Condition of Use. All commercial/business activities shall be conducted wholly within an enclosed building, with the exception of:
[Ord. No. 9.078 §1, 11-19-2012]
1.
Restaurant patios or decks when the outside space is clearly secondary to the main restaurant under the following conditions:
a.
Newly constructed patios and decks are subject to a building permit application.
b.
Outside restaurant use will be for eating/drinking only. No barbeque grills or fire pits shall be allowed.
c.
The serving of alcoholic beverages on the patio or deck will be subject to the approval of the Board of Aldermen of the City of Weston during the liquor license application process.
d.
Music or other entertainment shall be played or performed so as not to be plainly audible more than fifty (50) feet from the source of the sound.
e.
Outside special events or festivals will be subject to the approval of the Board of Aldermen under the Weston special event policy (i.e., Irish Fest).
D.
Height. No building or structure shall exceed two (2) stories or twenty-five (25) feet in height.
E.
Lot Size. Each lot shall have an area of not less than seven thousand two hundred (7,200) square feet and a width at the building line of not less than sixty (60) feet.
F.
Yard Areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
1.
Front yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet or an existing building line.
2.
Side yard. On each lot upon which a building is constructed, there shall be a side yard on each side of not less than eight (8) feet. The combined total for side yards for corner lots shall not be less than thirty-five (35) feet.
3.
Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet or twenty percent (20%) of the depth of the lot, whichever is larger, but it need not exceed forty (40) feet.
G.
Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot.
H.
Dwelling Standards. Every one-story dwelling hereafter erected in any "C-2-A" Local Retail Business District shall have an area of not less than nine hundred (900) square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, porches, breezeways and garages. Every dwelling of more than one (1) story hereafter erected in any "C-2-A" Local Retail Business District shall have a total floor area, measured from the outside of the exterior walls, of not less than twelve hundred (1,200) square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways and garages, except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor areas.
I.
Any commercial signs shall be approved by the Planning and Zoning Commission.
Section 405.190 "I-1" Light Industrial District.
[Ord. No. 9.004 Art. VIII §1, 2-22-1972]
A.
General. Within the "I-1" Light Industrial District, the following regulations should apply.
B.
Permitted Uses. A light industrial use is one which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, provides for enclosed loading and unloading berths, and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the confines of the building.
1.
Bakeries.
2.
Building material yards where no mill work is done.
3.
Cabinet-making establishments and carpenter shops which use no motors larger than ten (10) horsepower.
4.
Clothing factories.
5.
Contractors' yards.
6.
Dairies.
7.
Dry cleaning plants.
8.
Dyeing plants.
9.
Feed yards.
10.
Ice plants.
11.
Junk yards.
12.
Laundries.
13.
Milk distribution stations.
14.
Optical goods factories.
15.
Paper box factories.
16.
Pencil factories.
17.
Printing, publication and engraving plants.
18.
Produce canning and packing establishments.
19.
Research and development organizations.
20.
Storage firms.
21.
Wholesale businesses.
22.
Restaurant, drive-in, car service, outdoor patio seating.
[Ord. No. 9.079 §1, 5-13-2013]
23.
Retail store when authorized by the Board of Aldermen after review and recommendation by the Planning Commission.
[Ord. No. 9.079 §1, 5-13-2013]
24.
Event center/banquet hall facilities by special use exception.
[Ord. No. 9.125, 6-10-2024]
C.
Height. No building or structure should exceed three (3) stories or thirty-five (35) feet in height.
D.
Yard Areas.
1.
Front yard. All buildings and structures should have a front yard depth of at least twenty-five (25) feet. Buildings and structures placed on corner lots should observe front yard requirements on both streets.
2.
Side yard. All buildings and structures should have side yard widths of at least fifteen (15) feet.
3.
Rear yard. All buildings and structures should have rear yard depths of at least twenty (20) feet.
4.
Yards adjacent to residential districts. All buildings and structures on lots adjacent to residential districts should be located as to provide side yard widths or rear yard depths of at least twenty-five (25) feet adjacent to such residential districts.
5.
Railroad siding frontage. No yards should be required for those portions of lots which front on railroad sidings.
F.
Buffer Areas.
1.
Landscape development should be required to include an area of at least ten (10) feet in width along all streets, with the exception of approved entrances which border the proposed development to be planted and maintained with trees and shrubbery to serve as a screen for the parking and storage areas.
2.
A planting screen, consisting of suitable shrubbery, maintained at an eight (8) foot width to be planted wherever the industrial use abuts a residential district.
3.
In the case of junk yards, a planting screen, consisting of suitable shrubbery and trees, maintained at a twenty (20) foot height by twenty (20) foot width, should be planted wherever the yard abuts on any other use district and comply with the design standards established within the Federal Highway Beautification Act.
Section 405.200 "C-C" Conservation-Cluster Development District.
[Ord. No. 9.004.5 §4, 5-10-2004]
A.
General. Within the "C-C" Conservation-Cluster Development District, the following regulations shall apply.
B.
General Description. The conservation-cluster development is recommended as a strategy for Weston's dual objective of preserving the rural atmosphere and ensuring that rural patterns do not stifle future growth. This district can help accommodate development in the City that accommodates rural landowner's desires for development and preserves the rural character of the community. The City's intent is to provide flexibility and creativity for residential developments within City limits. Designing, preserving and maintaining the natural features and amenities of the development site are primary concerns. Cluster style developments, along with a variety of housing styles, allowing ownership of a footprint of a house or around a house, or town homes as opposed to ownership of a traditional lot, is the desired outcome of the development. The remainder of the land, not within the footprint, will be preserved as common open space and will be maintained in some fashion either by a property owners' association or by the developer.
Planned residential and/or cluster developments are intended to provide for a greater flexibility in the design and location of buildings, yards, courts and circulation than otherwise would be permitted in zoning districts "R-1" through "R-4" and to produce:
1.
A maximum choice in the type of environment and living units available to the public.
2.
More open space and recreation areas.
3.
An effective way to assure a well maintained neighborhood.
4.
A pattern of development that preserves trees, outstanding natural topography and geological features and prevents soil erosion.
5.
A creative approach to the use of land and related physical development.
6.
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.
7.
Common control and maintenance of more area.
The conservation-cluster ordinance is designed to provide for small and large-scale developments incorporating a single type or a variety of residential uses that are planned and developed as a unit. Conservation-cluster zoning must be accompanied by a conservation-cluster district plan (as such term is defined hereinafter) recommended by the City's Planning and Zoning Commission and approved by the Board of Aldermen. Such developments may consist of traditional individual lots, footprint ownership or town home units which shall be deeded individually. Common land and maintenance thereof must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. |
C.
Permitted Uses. The following uses are permitted as a matter of right in a "C-C" zoned district:
1.
Agricultural crops.
2.
Detached single-family dwelling.
3.
Town houses or town homes (consisting of three (3) or more units but not to exceed eight (8) units).
4.
Churches and similar places of worship.
5.
Public and private parks and playgrounds.
6.
Public service or utility uses.
7.
Home occupation (as defined in the City of Weston Zoning Regulations as it may be amended from time to time).
8.
Model home.
9.
Accessory uses (as defined in the City of Weston Zoning Regulations as it may be amended from time to time).
10.
Accessory signs (as authorized and set forth in the City of Weston ordinances).
D.
Special Uses. The following special uses may be approved after review by the development's homeowners association, Planning and Zoning Commission and Board of Aldermen. Any special use approval is subject to the process, procedure and use requirements of Article IV of this Chapter and any amendments thereto.
E.
Conservation Design. A conservation-cluster subdivision shall require a minimum of thirty percent (30%) of the total acreage to be designated as common area. The common area shall consist of areas that contain natural features or other areas approved by Planning and Zoning. The common area must be suited to the land. All common area must be easily accessed by residents of the development.
F.
Area Regulations. The conservation-cluster subdivision may provide for modification of setbacks, frontage and lot width requirements. The lot width, front yard, side yard and rear yard are to be negotiated and established before final plat approval. The area regulations must be recorded on the final plat. Once the setbacks for a conservation-cluster development are recorded, they will be enforced. Perimeter requirements to create a buffer zone will be negotiated before final plat approval.
G.
Declaration Of Ownership. If the conservation-cluster development provides for ownership of only the footprint around a single-family dwelling or living unit within a town home, a declaration of ownership must be recorded in the Platte County Recorder's office within thirty (30) days after the approval of the footing inspection by the Superintendent of Public Works. The declaration of ownership shall set forth the following particulars:
1.
A site plan and legal description of each unit to be owned, which may consist of the identifying number or symbol of the unit as shown on the final plat.
2.
Survey plat sealed by a surveyor registered in the State of Missouri, which shows the ownership boundary as well as identifying the common ground and exterior lot lines.
The declaration of ownership survey must substantially conform to the final plat as well as the required site plan for the issuance of the building permit. Any declaration of ownership, which does not substantially conform to the final plat and building permit site plan, will be considered in violation of this Chapter.
H.
Minimum Site Size. The minimum size of the site upon which a conservation-cluster development shall be located shall not be less than five (5) acres for residential developments. Planning and Zoning may vary said minimum site size where such an alteration is in the best interest of the community, and where the public health, safety and welfare will be preserved.
I.
Conservation-Cluster District Plan Requirement.
1.
A property owner/developer may request rezoning of the land to the "C-C" conservation-cluster development before a preliminary plan or plat is complete.
2.
The applicant shall also submit a Conservation-Cluster Residential District plan which will be considered the same as a preliminary plat and/or a rezoning application and, where applicable, shall be in lieu of a site development plan. In addition to the plat requirements listed in the residential subdivision regulations, Ch. 410, Section 410.050(A), the Conservation-Cluster Residential District plan shall also include the following:
a.
Landscaping plan.
b.
Water runoff plans.
c.
Proposed lighting plan.
d.
Building type and design.
e.
Typical elevation views of structures and identification of building materials.
f.
Additional site plans for proposed common use amenities such as playgrounds, swimming pools and clubhouses.
g.
The location of public or private parks and trails.
Said plan and application shall be considered the same as a rezoning request and the same procedures shall be followed concerning application, Planning and Zoning review, public hearings and legal protest. Recommendation of the plan by Planning and Zoning and approval by the Board of Aldermen shall also constitute approval of a preliminary plat for the conservation-cluster development as required under the City of Weston subdivision regulations. Upon such approval, the letters "C-C" shall be affixed to the appropriate part of the City's official Zoning District Map. | |
The plan may provide for staged development of the project and, if so, shall be indicated on the plan. |
J.
Number Of Permitted Dwelling Units. The overall density for which a "C-C" Conservation-Cluster residential subdivision shall not exceed is one (1) dwelling unit per five thousand (5,000) square feet for town homes. The overall density shall not exceed a density of seven thousand five hundred (7,500) square feet per single-family dwellings.
K.
Common Area. The common area shall be owned and maintained by the developer and/or the homeowners association. As long as the property is subject to the provisions of this Section, the common elements or area shall remain undivided, and no unit owner shall bring any action for partition or division of the common elements or area. Any covenant or agreement to the contrary shall be null and void.
L.
Height Limitation. Within any "C-C" Residential Development District, the maximum height of any town home shall not exceed three (3) stories or thirty-five (35) feet above grade and the maximum height for any single-family dwelling shall not exceed thirty-five (35) feet in height, except as provided for in Article IV, Section 405.250. The Board of Aldermen has the authority to extend the height limitations upon a request to do so as shown on a conservation-cluster residential plan.
N.
Final Plat Required. A final plat of the Conservation-Cluster Development District plan shall be required and shall be in compliance with the Weston subdivision regulations. The final plat shall show proposed ownership with a dashed line. Finalized ownership lines will be shown on the declaration of ownership. The final plat must also include and identify location of common areas, landscaping and dwelling locations.
O.
Time Limit.
1.
Preliminary approval shall confer upon the applicant the right to submit a final plat before the expiration of one (1) year, unless extended by the Board of Aldermen. In the event the subdivider fails to submit within the prescribed time a final plat of all or part of the area included in the preliminary plat, the approval given to the preliminary plat shall lapse and be considered null and void.
2.
Construction of the conservation-cluster residential development shall begin within twelve (12) months of the effective date of approval of the plan by the Weston Board of Aldermen. Failure to begin the development of the plan within said twelve (12) months shall automatically void conservation-cluster residential plan, provided however, that upon reasonable grounds being shown therefore, and when so requested in writing and by personal appearance, the Board of Aldermen may extend the twelve (12) months for one (1) additional twelve (12) month period.
P.
Home Association. The developer shall establish and provide for a homes (or property owners) association or such other private, governmental, quasi-governmental or political subdivision as may be approved by Planning and Zoning for the maintenance of the common area. The bylaws, charter, articles of incorporation, declaration and other instruments which govern the right, duties, obligations and operation of the homes association or other approved body shall be reviewed by the Planning and Zoning Commission before approval by the Board of Aldermen. A copy shall be placed at Weston City Hall and recorded at the Platte County Recorder's office. The applicable documentation of the homes association shall grant to each person who is a member of the homes association the right to personally and individually enforce the homeowners association rights, obligations and duties for maintenance and upkeep of the common areas within the subdivision. Additionally, the applicable documentation of the homes association shall include the following provisions unless the inclusion of such provision is waived by Planning and Zoning:
1.
The homes association shall be organized by the applicant and shall be fully organized prior to the sale of any lots within the subdivision.
2.
Membership in the homes association is automatic (mandatory) for all purchasers of dwelling units and/or lots therein and their successors. The conditions and timing of transferring control of the association from applicant to homeowners shall be identified.
3.
The homes association shall be responsible for maintenance of insurance and taxes on all common areas, enforceable by liens placed by the City on the homes association property. The homes association may place liens on the homes or lots of its members who fail to pay any association dues in a timely manner. Such liens may require the imposition of penalty and interest charges and require that the defaulting homeowner pay all cost of enforcement including attorney's fees.
4.
The members of the homes association shall share equitably the costs of maintaining and developing the common area. Shares shall be defined within the bylaws.
5.
The homes association shall be required to provide maintenance and upkeep for the common area on a regular and consistent basis. Failure by the homes association to maintain and provide upkeep of the common area shall constitute a violation of the Weston Zoning Regulations set out in this Chapter and subject to penalties provided for in Section 405.480 of this Chapter.
6.
In the event of a proposed transfer of common area by the homes association, or of the assumption of maintenance of the common area by any third (3rd) party, notice of such action shall be given to all property owners within the subdivision.
7.
The homes association shall make adequate provision to administer common facilities and properly and continually maintain the common area.
8.
The homes association may lease common area to other qualified person, or corporation, for operation and maintenance thereof, but such a lease agreement shall provide:
a.
The residents of the subdivision shall at all times have access to the common area contained therein (except croplands during the growing season); and
b.
The common area to be leased shall be maintained for the purposes set forth in this Section; and
c.
The operation of common area facilities may be for the benefit of the residents only, or may be open to the residents of the City, at the election of the applicant and/or homes association, as the case may be.
9.
The lease and any transfer or assignment of the lease shall be subject to the approval of the homes association's board of directors. All residents of the subdivision shall have prior written notice of such an issue being taken up for the consideration or vote by the board of directors. Lease agreements so entered shall be recorded with the City of Weston and the Platte County Recorder's office within thirty (30) days of their execution.
Q.
Maintenance And Upkeep Standards. The applicant shall submit to City Enforcement Officer for approval maintenance and upkeep standards which, when approved, shall be incorporated in the applicable documents (bylaws, declaration, etc.). In submitting the maintenance and upkeep standards, the applicant shall give consideration to the need to trim and prune trees and bushes, fertilize, seed and mow meadows, maintain or improve existing wildlife habitat, maintain walking or riding paths, prohibit the introduction of waste, litter, refuse, abandoned property, debris or other materials which are offensive to the maintenance of the natural state of the particular common area and shall require inspections of the common area by the representatives of the homes association at least annually.
Section 405.210 "PD-1" Planned Development Overlay District.
[Ord. No. 9.057 §§4 — 8, 9-11-2006]
A.
Statement Of Intent.
1.
Purpose. The purpose of the Planned Development "PD-1" Overlay District is to establish standards and guidelines for site plan review of development proposals in certain areas established in the City of Weston as designated through amendment of the City's future land use map:
a.
View shed overlay zone (represents major gateways into Weston, give a "first impression" of the City for residents and visitors);
b.
"C-2" Local-Highway Business "PD-1" Overlay District (are uniquely changing areas of Weston that require extra levels of review to assure protection of the public interest); and
c.
"L-1" Light Industrial "PD-1" Overlay District (are uniquely changing areas of Weston that require extra levels of review to assure protection of the public interest).
2.
Public interest. It is in the public interest that the development of these areas be highly attractive and functional. This Chapter establishes a series of detailed guidelines and standards that can promote the high quality of development that Weston desires. Individual developers are encouraged to expand upon these guidelines to attain a level of development quality that will ultimately generate economically enhanced and pedestrian friendly areas for Weston.
B.
Planned Development Overlay District Designation And Administration. Each Planned Development "PD-1" Overlay District shall include the land bounded by the overlay areas as depicted on the City of Weston Future Land Use Map. Development proposals in each "PD-1" Overlay District shall be subject to City of Weston site plan review procedures. In the event that a question arises concerning the application of this Chapter to a particular property, the City Planning and Zoning Commission shall make a determination about the applicability. The City Planning and Zoning Commission's interpretation may be appealed to the Board of Aldermen in accordance with these regulations.
C.
Effect Of Planned Development Overlay District Regulations On Base District Regulations And Other Regulations And Codes. The Planned Development Overlay District shall be applied in combination with the underlying zoning district classification and in conformance with all other codes and regulations of the City of Weston. In the event that a conflict arises between the underlying zoning district regulations and the Planned Development Overlay District regulations, the Planning and Zoning Commission shall make a determination how to apply the respective regulations in the public interest and in the interest of the overlay district intent and purpose. The City Planning and Zoning Commission's determination may be appealed to the Board of Aldermen in accordance with these regulations.
D.
Planned Development Overlay District Guidelines And Standards.
1.
View shed overlay zone. The purpose of the view shed overlay zone designation is to preserve the visual character of the primary entries into the City of Weston where scenic views are important. The overlay zone is intended to preserve scenic view characteristics to Weston and the surrounding countryside, including: ridges where vistas are broad, open grasslands, major creeks and valleys, rugged bluffs and steep ravines, timberland, sloping sites bounded by hills, fan-shaped sites (having an amphitheatrical effect) and bowl-shaped sites. Therefore, the overlay district is intended to assure that the types of land uses, development patterns and designs present a high-quality image for the community.
a.
Land uses. The strategic plan of Weston anticipates a mixture of residential and non-residential uses along these corridors. Uses allowed within the View Shed Planned Development Overlay District shall be the uses allowed in the underlying zoning district, as modified by the following regulations:
b.
Property development standards. This Section is to promote a level of quality that can serve as the basis for the high quality of development that Weston desires. Due to the area's topography, development along the primary entries into the City of Weston will have a significant impact upon the environment and the visual character of the community.
(1)
View Shed Overlay District standards shall be reviewed and approved through the City of Weston site plan review procedures of these regulations.
(2)
The site plan shall demonstrate the extent to which the structures, roads, driveways, open space and other public and private improvements in the "view shed and view corridors" meet the following objectives:
(a)
Conserve natural resources and amenities available on the site;
(b)
Preserve the sense of place in Weston as viewed from the public highway rights-of-way; and
(c)
Ensure that coordination with the site development objectives of the City's plan is considered, including dedication of easements and rights-of-way for open space.
2.
"C-2" Local-Highway Business "PD-1" Overlay District. Properties with the underlying zoning of "C-2" shall comply with the "C-2" District regulations of the City of Weston as modified by the following standards.
a.
Uses. Uses allowed within the "C-2" District shall be allowed within the "C-2" Planned Development Overlay District, as modified by the following regulations:
(1)
Art, book, school supply and stationery stores.
(2)
Air-conditioning and heating sales and service.
(3)
Automobile motor sales and accessory service shop uses, not including automobile body repair and rebuilding and painting of automobiles.
(4)
Bakery shops.
(5)
Battery and tire service stations.
(6)
Bicycle and motorcycle sales, repair and rental.
(7)
Boat showroom.
(8)
Candy and ice cream store.
(9)
Drugstores.
(10)
Farm implements.
(11)
Feed and seed store, wholesale.
(12)
Florist shop and nursery business.
(13)
Food and fruit stores.
(14)
Meat markets.
(15)
Motel.
(16)
Newsstand.
(17)
Office buildings.
(18)
Plumbing, heating and roofing supply shops, when conducted wholly within a building.
(19)
Pet shop or animal hospital, when conducted wholly within an enclosed building.
(20)
Recreational places, including bowling alley, dance halls, gymnasium, skating rink, archery range, miniature golf course or other similar places of amusement or entertainment when operated for pecuniary profit.
(21)
Restaurant, drive-in, car service.
(22)
Shoe repair shop.
(23)
Service and filling stations and accessory washing services, including the use of mechanical conveyors, blowers and steam cleaning. Plans for the erection or structural alteration of an automobile service station shall be approved by the Planning and Zoning Commission. The Planning and Zoning Commission may require such change therein in relation to yards, location of pumps and buildings and construction of buildings as it may deem best suited to insure safety, to minimize traffic difficulties and to safeguard adjacent properties.
(24)
The following uses or uses of a similar type pertinent to farm commodities provided where they are within one hundred fifty (150) feet of a lot of a more restrictive zone. They shall be conducted wholly within the building or within an area screened on all sides by a masonry wall, compact evergreen planting or uniformly painted ornamental wood fence not less than six (6) feet in height and shall be maintained between such use and adjoining residential zones except for off-street loading and delivery vehicles which are incidental thereto as required in Article IV, Section 405.260.
(26)
Building material sales yard, including the sale of lumber (where no mill work is provided), rock, sand and gravel, but excluding concrete and asphaltic concrete mixing.
(27)
Farm equipment storage yard or equipment rental establishment.
(28)
Wholesale florist, greenhouse.
(29)
Winery.
(30)
Any use permitted in the "C-1" Central Business District.
(31)
Display and tour homes and buildings including businesses authorized by this Section.
(32)
Any accessory use or building customarily incidental to the above-permitted uses and as regulated by subsequent Sections of this Chapter.
b.
Property development standards. Within the Planned Development Overlay District, the "C-2" District property development standards shall be modified as follows:
(1)
Location guidelines. In order for the "C-2" retail uses and centers to best serve as neighborhood or community shopping centers within the designated overlay district, certain parameters need to be addressed. These include:
(a)
Retail centers should typically be located at the intersection of two (2) major thoroughfares.
(b)
Sites for neighborhood commercial centers should be generally at least six (6) acres to accommodate thirty thousand (30,000) to one hundred thousand (100,000) square feet of retail space including serving a one (1) mile radius. Community centers should be planned for a larger site.
(c)
Plan sites to be accessible from major thoroughfares at future median breaks.
(d)
Sites should be accessed from local streets that are segregated from the street system of residentially zoned land.
(e)
Topography and drainage should be addressed with regard to corner shopping locations and adhere to the City of Weston's currently adopted building code, as amended from time to time.
(2)
Building arrangement. Proper arrangement of buildings on a site provides for efficient and viable long-term use. Key issues include:
(a)
Storefronts should be visible from main circulation aisles unless a "mall" or courtyard approach is used.
(b)
Buildings should be arranged to reduce visibility of service areas from streets, customer parking areas and adjacent properties.
(c)
Buildings should be grouped along one (1) side lot line, with one (1) end at the front yard building setback and with the front setback landscaped, providing a twenty (20) foot setback for all paved off-street parking.
(3)
Access. Safe and efficient access to the corner shopping center or commercial strip minimizes potential vehicular and pedestrian conflicts. The key issues include:
(b)
The ingress side of the main entrance drive should be the largest radius allowed by ordinance for better access into the site, particularly at major centers, such as along M-45 Highway and JJ frontage roads.
(c)
Driveways should maintain an appropriate sight distance triangle at all perimeter entrances.
(d)
Main entrance drives should generally be located at median breaks providing left turn access to and from the site. Continuous left-turn lanes should be broken with medians at major intersections.
(e)
Main entrance drives should be shared with neighboring businesses to the extent practicable and intersect with a "straightaway" aisle with sufficient space to avoid an immediate turn to approach the service aisles that lead to the main buildings.
(f)
Aisles intersecting with entrance drives should be spaced a minimum of thirty (30) feet from the entrance line to provide for smooth turning movements.
(4)
Circulation and parking. Proper circulation and parking systems minimize confusion and facilitate safe and easy pedestrian and vehicular movement within the center. The key issues include:
(a)
Provide a twenty (20) foot setback from street-side property lines for all off-street parking drives and spaces.
(b)
Main drive aisles should generally be free of parking when adjacent to large anchor tenants of thirty thousand (30,000) square feet of floor area or more.
(c)
The direction of traffic flow should be identified.
(d)
Lanes should be provided for drive-through facilities, including stacking space, that are physically separated from other circulation and parking aisles.
(e)
Parking aisles should be oriented toward anchor stores to minimize the number of parking lanes crossed by pedestrians.
(f)
Typically provide right angle intersections (eighty degrees (80°) to one hundred degrees (100°)) with no more than two (2) traffic lanes crossing at any interior intersection.
(g)
Parking should be arranged to provide readily accessible spaces for each establishment.
(h)
Separate service vehicle circulation from customer circulation routes.
(i)
Allow for all tenants to be accessed from within the development through cross-access agreements.
(5)
Building elements. In order to create a positive overall development character, all structures (including separate pad site structures) at shopping centers should have an attractive and uniform architectural treatment. The key issues include:
(a)
The facade design plan of the entire project should be submitted with site plan review.
(b)
Facades and roof lines facing streets or main parking areas should be consistent throughout the development in design, color and materials, including that of both principal and accessory structures.
(c)
Roof lines, overhangs and the front fascia should be extended to the rear of the building(s).
(d)
High quality, low maintenance building materials are recommended.
(e)
Signage located on the buildings should be consistent in size, location and material throughout the project (see Chapter 420 for guidelines).
(f)
Rear facades should be of finished quality and should be of color and materials that blend with the remainder of the building(s).
(6)
Service facilities. Service areas should be appropriately located and designed to efficiently and inconspicuously serve the shopping center development without disrupting on-site circulation or adjacent land uses while maintaining visibility for security purposes. The key issues include:
(a)
Service facilities should generally be located in a central area to be used by several retail establishments.
(b)
Service and docking facilities should be separate from main circulation and parking functions.
(c)
Trash containers should be located in appropriately screened central service areas and not visible from the public street.
(d)
All dumpsters should be screened on all sides exposed to a public right-of-way or abutting residential use. All dumpsters should be shown on the approved site plan and if possible shall be clustered.
(e)
Service areas should be easily accessible by service vehicles.
(f)
Pad site service areas should be screened from the remainder of the development and physically separated from the circulation aisles and parking areas serving the remainder of the site.
(g)
Pad site service areas should typically be screened by an extension of the building.
(h)
Service facilities should be screened from the remainder of the project, adjacent land uses and major thoroughfares. Extended wing walls from the building may be used to screen service areas. When used, these walls may be of solid construction if lighted on both sides or a minimum of thirty percent (30%) of open construction if lighted on only one (1) side. A combination of landscaping and screening walls may also be used.
(7)
Buffers and screens. Proper use of buffers and screens will lessen the differences between land uses and diminish the visual impact of undesirable elements. The key issues include:
(a)
Architectural screens should be an extension of the development's architectural treatment and consistent in color and design. Screening walls should be constructed of low maintenance, high quality materials that are consistent with the building facade material.
(b)
Landscape screens (typically eighteen (18) inches to thirty-six (36) inches in height) should be provided between all parking areas and streets.
(c)
Landscape screens may include a combination of plant massing, earth berming and walls.
(d)
A ten (10) foot to fifteen (15) foot wide and approximately eight (8) foot tall landscape buffer should be provided to separate the retail use from residential land uses.
(8)
Landscaping. The location and design of landscaped areas, entrances and edges should effectively reinforce development's character and quality, identify its entry points and break the massiveness of a center's parking area. The key issues include:
(a)
The landscaped planting plan of the entire project should be submitted with site plan review.
(b)
Approximately fifteen percent (15%) of the area between the main building face and the front property lines should be of a permeable landscaped surface. (Secondary buildings located between the main building and the front property line should not be included in the area calculation.)
(c)
Landscape areas should generally consist of a combination of trees, shrubs and ground cover.
(d)
Use landscape areas for transition and integration between pad sites and surrounding land uses.
(e)
Minimum two (2) inch caliper trees are recommended.
(f)
Artificial plants are prohibited.
(g)
Preserve existing mature trees where possible.
(h)
Special landscape treatment should be employed to highlight and identify entrances.
(i)
Landscape areas should be regularly spaced in parking lots to break up massiveness of pavement.
(j)
Landscaping should be used in conjunction with screening walls when multi-story buildings abut an adjacent property where topography lessens the effect of a wall alone.
3.
Light Industrial "PD-1" Overlay District. Properties with the underlying zoning of "I-1" shall comply with the underlying "I-1" regulations as modified by these "PD-1" Overlay District standards.
a.
Uses. Uses allowed within the "I-1" District shall be allowed within the "I-1" Planned Development Overlay District, as modified by the following regulations:
(1)
Bakeries.
(2)
Building material yards where no millwork is done.
(3)
Cabinet-making establishments and carpenter shops which use no motors larger than ten (10) horsepower.
(4)
Laundries.
(5)
Printing, publication and engraving plants.
(6)
Research and development organizations.
(7)
Wholesale businesses.
(8)
Any accessory use or building customarily incidental to the above-permitted uses and as regulated by subsequent Sections of this Chapter.
b.
Property development standards. Within the Planned Development Overlay District, the "I-1" District property development standards shall be modified as follows:
(1)
Compatibility with other development. The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of other development within the industrial park. The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established in adjacent buildings. Care shall be exercised to coordinate final grades and site arrangement with those of adjoining properties and streets.
(2)
Location. Buildings shall be located to ensure the provision of adequate open space for outdoor gathering areas, facilities, services and amenities and to provide natural indoor light, air and privacy to the extent possible. All buildings, parking lots and other structures shall be located to integrate with the natural topography and to avoid deep cuts and fills, excessive foundation wall depth, unnecessary steps and steep access gradients.
(3)
Lot coverage. The maximum lot coverage shall be seventy percent (70%). Lot coverage includes those portions of the net site area covered by the ground floor of any structure, parking lots and private streets and drives. Lot coverage does not include sidewalks or plazas.
(4)
Design focus. The front facade of a building as well as the main entrance(s) shall be designed as focal points to the building. The main entrances should incorporate devices such as canopies, overhangs, arcades, raised parapets over the door, larger door openings, display windows, accent colors and other architectural details such as moldings. The remaining portions of the building should be designed in a way that complements and is consistent with the building's street facade.
(5)
Visual interest. Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. Monotonous design shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. Facades shall be articulated with variations in the building plane and parapet height, materials and colors, entrance canopies and landscaping.
At a minimum, facades facing a public or private street shall incorporate at least two (2) of the following features along each applicable facade. These standards shall be applied to each facade individually:
(a)
Recesses and projections along at least twenty percent (20%) of the length of the building facade.
(b)
Windows, awnings, arcades or other significant architectural feature used along at least sixty percent (60%) of the front building facade length or thirty percent (30%) of the side or rear building facade length.
(c)
Brick, natural or fabricated all-weather stone covering at least fifty percent (50%) of the area when applied to the front building facade or twenty-five percent (25%) of the area when applied to a side or rear building facade.
(d)
Landscaping islands or planting against the building, covering at least thirty percent (30%) of the length of the building facade.
(6)
Materials. All front facade and main entrances materials shall conform to standards in the site plan review procedures. All other construction types and methods can be considered by the Commission.
(7)
All elevations of the building shall be designed in a consistent and coherent architectural manner. Building materials and design shall be subject to the approval of the Planning and Zoning Commission as stated in the site plan review Section 405.380.
(a)
Roofs. Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important. Building roof tops shall have at least two (2) of the following features:
(8)
Parking. Parking shall be designed in a way that does not overpower the character of the development nor appear as a dominant feature of the site. With the exception of customer/visitor parking, parking shall be located to the rear and interior side of the building.
(a)
Customer/visitor parking stalls in front of buildings shall be less than thirty percent (30%) of the overall parking areas developed.
(b)
Parking shall not span more than fifty percent (50%) of the lot width or depth;
(c)
Parking shall not be located closer than twenty (20) feet to the front or streetside property or lease line;
(d)
Parking shall be screened with as required for parking visible from residential development;
(e)
Planting islands shall cover a minimum of ten percent (10%) of the parking area located to the front or street side of the building. Parking islands shall be planted with a minimum of one (1) ornamental tree and shrubbery and/or ground cover.
(f)
On-street parking or loading is prohibited.
(g)
Off-street parking and loading shall be provided on the same lot as the use served except as otherwise approved as part of a shared parking concept.
E.
Planned Development Overlay District Landscaping And Screening Standards.
1.
Landscaping plan. Every site on which a building will be placed shall be landscaped in accordance with plans and specifications submitted to and approved by the Planning and Zoning Commission as part of the site plan review procedure. An on-site grading plan will be part of this landscape plan. The landscape plan must be submitted for review along with the building plans.
2.
Installation. Required landscaping or screening shall be installed at the time of building construction as the season permits. All other materials shall be installed during the next planting season.
3.
Maintenance. The plan shall include provision for ground maintenance such as an adequate supply of hose bibs. After completion, such landscaping shall be maintained in a sightly and well-kept condition.
4.
Grass sod and seed and ground cover. The required front and street side yards shall be entirely graded and sodded or seeded from the existing or proposed street curb back to the building excepting only such areas used for plantings, drives, parking or walks. Rear yards and interior side yards shall be seeded or sodded except areas used for plantings, storage, parking, drives or walks. Other types of ground cover in limited areas may be approved. All existing trees shall be either preserved or mitigated as determined by the Commission.
5.
Street trees. One (1) street tree shall be required for every forty (40) feet of street frontage. Street trees shall be located in the street yard setback and shall not be located in the right-of-way.
6.
Landscape materials. Landscape materials used for required landscaping and screening shall be approved by the City unless otherwise specified. Evergreen trees and shrubs shall be used as the primary landscape materials when required for screening.
7.
Roof-mounted equipment. Roof-mounted equipment, including ventilators and satellite dishes, shall be screened from view (one hundred percent (100%) capacity) or isolated so as not to be visible from ground level of any adjacent public thoroughfare or residentially-zoned area, up to a maximum of three hundred (300) feet away. Screening shall completely obscure from ground level all surfaces of the equipment. The appearance of roof screens shall be coordinated with and integral to the building design to maintain a unified appearance, not merely a separately designed afterthought. It is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground.
8.
Utilities. All telephone and cable television lines, electrical services and distribution lines shall be placed underground, except that this provision shall not include meters, electric and telephone service pedestals, transformers, three-phase feeder lines, subtransmission and transmission lines, electrical substations and such other facilities as the utility may deem necessary to install utilizing "overhead" type construction. These above ground utilities shall be located as close to the building as permitted by the utility company and screened from view of public streets to the extent possible through the use of landscaping or screening walls that are integrated into the overall site design.
9.
Mechanical equipment. All electrical and mechanical equipment located adjacent to the building and visible from any adjacent public thoroughfare or residentially-zoned area shall be screened from view (one hundred percent (100%) opacity), up to a maximum of three hundred (300) feet away. Screening shall completely obscure from ground level all surfaces of the equipment. Such screens and enclosures shall be treated as integral elements of the building's appearance.
10.
Trash. All trash, refuse, debris or garbage shall be contained within an enclosed building or container designed for such purposes. Outdoor containers or dumpsters shall be shielded on all sides by a wall or decorative fence constructed of the same or complementary materials to those used on the primary building. The use of landscaping to further decrease the visual impact of the trash enclosures is encouraged.
11.
Loading docks. Loading areas shall not be located at the front of the building and, where visible from the front of the building, shall be screened from view from the street and neighboring properties. Where visible from a public street or residential-zoned property, the visual impact of loading docks shall be minimized to the greatest extent possible through the use of landscaping, fences and berms. Where possible, the screening shall be an integral part of the building structure and be used in conjunction with landscaping, ground cover, trees and shrubbery. If the screening is not an integral part of the building, then landscaping ground cover, trees and shrubbery shall be used to screen the loading area.
12.
Exterior storage. Except during permitted construction periods, all exterior storage of equipment, raw materials or finished products shall be fully screened from the view of adjacent parcels and streets by a visual barrier such as a solid screen fence. Such exterior storage shall not exceed the height of the barrier. The barrier shall be a minimum of six (6) feet in height. Additional height or screening such as landscaping may be required based upon the height of the items to be screened. Chain-link fence with vertical slats shall not be permitted.
13.
Parking. Parking lots shall be screened from view from surrounding residential development. Such screening shall be effective to a height of forty-two (42) inches for vehicles under six (6) feet in height. For vehicles over six (6) feet in height, the screen shall be effective to a height of six (6) feet. If landscaping is utilized to provide screening, the effective height shall be reached upon maturity, but in no case shall the initial effectiveness be less than fifty percent (50%) of the required effectiveness.
14.
Topography and drainage should be addressed and adhere to the City of Weston's currently adopted building code as amended from time to time.
Section 405.211 "F-1" Infill Development Overlay District.
[Ord. No. 9.082 §§1 — 2, 8-19-2013]
A.
Purpose. Existing single-family residential and mixed-use residential neighborhoods represent strong patterns of form, activity, and character with Weston. Infill development should strive to strengthen these characteristics and enhance the neighborhood. To ensure compatibility, it is recommended that infill development guidelines be established and promoted as follows.
B. INFILL LOT
Definition. As used in this Section, the following term shall have the meaning indicated:
[Ord. No. 9.096 §1, 5-9-2016; Ord. No. 9.097, 9-12-2016]
A single vacant property in a predominately built-up area, which is bounded on two (2) or more sides by existing development and can be filled in with a new structure; also a lot with an existing structure of which more than fifty percent (50%) of the structure will be removed or has been destroyed. If the structure on any parcel made up of multiple platted lots is more than fifty percent (50%) removed or destroyed, all lots within the parcel are subject to the Infill Development ordinance. Infrastructure and services are generally already in place (water, sewer, electrical). These regulations apply to all areas of Weston with the exception of Weston Estates and Fiddler's Ridge Subdivisions.
C.
Applicability. Prior to the issuance of a building permit, all infill residential projects shall be reviewed by the Architectural Advisory Board (AAB) as applicable according to the following guidelines. For the purpose of these guidelines, infill residential projects shall be considered any new development or redevelopment proposed within an existing, established residential area.
D.
Guidelines. The physical form and pattern of existing, established residential neighborhoods should be considered and maintained to the greatest extent possible. In general, infill design should incorporate the following principles:
1.
Building orientation should reflect the predominant neighborhood pattern. The front-to-front, back-to-back relationship of typical residential neighborhoods establishes security, privacy, and a very identifiable streetscape that should be maintained. New construction should address the street in a manner consistent with surrounding buildings. In most cases, building facades should be parallel to the street. Front entries and walkways should address the street directly or in a manner consistent with the adjacent properties.
2.
Vehicular and pedestrian circulation patterns should be maintained by infill projects.
3.
Neighborhood open space patterns, and side, front, and rear yards should be visually preserved. The spacing of infill units (front, rear, and side yards) should generally reflect the spacing of existing homes in the neighborhood.
4.
Building heights should be compatible with the average height of homes in the neighborhood. Each project should be partially sensitive to planning and design of contiguous parcels.
Section 405.220 "S-2" Slope District.
[Ord. No. 9.004 Art. IX §1, 2-22-1972]
A.
General. The "S-2" Slope District is designed to allow proper use of land having a cross slope which exceeds twenty percent (20%) and to prevent encroachment into the district which will unduly increase stormwater runoff and damage. Within the "S-2" Slope District, the following regulations should apply.
C.
Any slope area, the average cross slope of which exceeds twenty percent (20%), should be considered to be extremely rugged and the development of this terrain should be limited to compatible uses as follows:
Section 405.230 "S-3" Flood Plain and Drainageway District.
[Ord. No. 9.004 Art. IX §2, 2-22-1972; Ord. No. 9.015.1 §1, 4-8-1985]
A.
General. Flood zones are created to protect the public health and to reduce the financial burdens which may be imposed on the community, its governmental units and its individuals as a result of improper use of lands having excessively high water tables or which are subject to frequent and periodic floods.
B.
Reclassification. The floodway or floodplain of any river or stream located in Weston, Missouri, shall be considered for reclassification from time to time. Said reclassification shall be made by the Planning and Zoning Commission in conjunction with the Board of Aldermen and a record of the reclassification shall be kept on file in the office of the City Clerk.
C.
Purpose. The "S-3" Flood Plain and Drainageway District is designed to meet the needs of stormwater channels to carry abnormal flows of water in time of flood; to prevent encroachments into the district which will unduly increase flood heights and damage and to prevent the loss of life and excessive property in the area of greatest flood hazard. Within the "S-3" Flood Plain and Drainageway District, the following regulations should apply.
D.
Permitted Uses.
1.
Boat decks (private and commercial).
2.
Forestry.
3.
General agricultural operations.
4.
Mineral extraction.
5.
Public and private recreational uses of open land such as public parks, camps, golf courses, race tracks and archery ranges, provided that all structures are firmly anchored to prevent the structure from floating away.
6.
Railroads, streets, bridges, walkways and utility lines and easements.
7.
Storage yards for equipment and materials not subject to major damage from flooding, providing such use is accessory to a use permitted in an adjoining district; provided further, that such equipment and materials should be firmly anchored to prevent their floating away and possibly further restricting bridge openings and other restricted sections of the stream during times of flood; but this shall not be construed to include acids, caustics, flammable liquids, trash, rags, bottles, scrap metal or any other materials commonly referred to as junk or garbage.
F.
Alterations. Hereafter, it shall be unlawful to erect, remodel or alter any permanent structure in or on said floodplain unless the ground floor elevation shall be constructed above flood height; a copy of said alteration shall be on file in the records of the Planning and Zoning Commission.
G.
Obstruction. Any structures permitted shall be placed on the lot so as to offer the minimum obstruction to the flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the river or stream.
H.
Filling. Filling and regrading of land situated in a floodplain shall be permitted only when said filling and regrading is approved by the Planning and Zoning Commission and Board of Adjustment.
Section 405.235 Solar Energy Installation.
[Ord. No. 9.087 §1, 6-9-2014]
A.
Purpose; Where Permitted.
1.
The purpose of this Section is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City of Weston finds these regulations are necessary to ensure that renewable energy systems are appropriately designed, sited, and installed.
2.
This Section supports regulations for solar panel installation in the downtown historic district/central business district only.
3. NO VISIBILITY REQUIRED
Definitions. As used in this Section, the following terms shall have the meanings indicated:
An approach in the existing local historic district standards that requires solar panels to not be visible from the public areas of a historic district.
B.
Regulations For Areas Known As "No Visibility Required." Visible solar panels are incompatible with maintaining the historic character of a property in the historic zoning district. The term "visible" means visible from adjacent public sidewalks and streets.
1.
A review of the proposed installation by the Weston Historic Preservation Commission as a building permit requires the submittal of the following information:
a.
A site plan showing the location of the solar energy system on the building and the building on the lot.
b.
An installation plan that depicts the building roof, roof elements (such as dormers), and the design of the solar energy system, including a drawing indicating the roof slope with a section of the panels as proposed to be mounted on it. The position of the panels relative to the roof must be clearly indicated.
c.
If new roofing material is proposed, the materials and their locations must be specified.
d.
All applicants for solar energy installation must contact and notify the West Platte Fire Protection District of the existence of solar energy installation on the building. A Knox-Box® must be installed on the building with information inside the box on the solar energy system and emergency contact information. All Knox-Boxes® will have a sticker indicating the building is a "danger to firefighters."
2.
No installation of solar panels should alter the historic character of the roof by:
a.
Removal of historic roofing materials during the installation of non-visible solar panels.
b.
Removal or otherwise altering a historic roof element and configuration- dormers, chimneys, or other features - to install non-visible solar panels.
c.
Any installation procedure that will cause irreversible changes to non-visible historic features or materials.
3.
No installation shall be approved that includes:
a.
Placing panels in an array shape that does not echo that of the visible roof plan.
4.
Solar panel installations on sloped roofs of historic buildings.
a.
Solar panel arrays installed on a sloped roof shall not cause any change to any visible distinctive roof design elements or historic materials.
b.
Solar panel arrays shall not be installed on any visible slope of any roof.
c.
Solar panel arrays shall only be placed a minimal distance from the roof and parallel to any sloped roof surface.
5.
Solar panel installations on flat roofs of historic buildings.
a.
Solar panels shall be placed so as to not be visible (see definition of "visible").
6.
Solar panel installations on auxiliary structures and appendages.
a.
Solar panels may be placed on garages, other auxiliary structures, and rear porches and perhaps other appendages when they are not visible.
8.
Installation details.
a.
Conduit between the solar panel installation and the control panels shall be placed as inconspicuously as possible and be painted to harmonize with building materials behind it.
b.
AC disconnect and PV combiner panels and any other equipment that must be placed near the utility meter shall be placed as inconspicuously as possible.
9.
General regulations.
a.
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, reflectors, balloons, flags, banners or similar materials. The manufacturer's and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system, provided that the signage is not for advertising purposes.
b.
If a renewable energy system has been abandoned (meaning not having been in operation for a period of ninety (90) days or is defective or is deemed to be unsafe by the Superintendent of Public Works), the renewable energy system shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within ninety (90) days. If the owner fails to remove or repair the defective or abandoned solar energy system, the City may pursue legal action to have the system removed at the owner's expense.