Wildwood City Zoning Code
SECTION 415
090 "NU" Non-Urban Residence District Regulations.
[R.O. 1997 § 415.090; Ord. No. 1324 App. A § 1003.107(K), 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]
A.
Scope Of Provisions. This Section contains the district regulations of the "NU" Non-Urban Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "NU" Non-Urban Residence District of the City of Wildwood encompasses areas within which rough natural topography, geological conditions or location in relation to urbanized areas creates practical difficulties in providing and maintaining public roads and public or private utility services and facilities. The "NU" Non-Urban Residence District, therefore, shall promote the protection and existence of a large-lot rural development pattern.
B.
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1.
Churches.
2.
Commercial vegetable and flower gardening, as well as plant nurseries and greenhouses, but not including any structure or building used as a retail or wholesale salesroom.
3.
Dairy farming.
4.
Dwelling, single-family (for group homes, see definition of single-family dwelling).
[Ord. No. 2588, 1-25-2021]
5.
(Reserved)
6.
Farming, including the cultivation and sale of any plant crops and domestic animals.
7.
Forests, wildlife reservations, as well as conservation projects.
8.
(Reserved)
9.
Home-based work.
[Ord. No. 2819, 9-11-2023]
10.
Hunting and fishing as well as propagation of wildlife of any kind, except camps that provide these activities to the general public.
[Ord. No. 2588, 1-25-2021]
11.
Libraries, public or private not-for-profit.
13.
Parks, parkways and playgrounds, public or private not-for-profit.
14.
Schools, public or private kindergarten, elementary, secondary and collegiate.
15.
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C.
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure, except the specified home occupations described below which must adhere to simplified process defined in Subsections (H) and (I) of this Section:
1.
Administrative offices and educational facilities for religious purposes.
[Ord. No. 2588, 1-25-2021]
1a.
Athletic or other field lighting.
[Ord. No. 2588, 1-25-2021]
2.
Adult day care.
[Ord. No. 2588, 1-25-2021]
2a.
Banners: Sponsorship types for both public and not-for-profit uses, with a minimum of two (2) operational athletic fields on the same lot.
[Ord. No. 2101 § 1, 4-13-2015]
3.
Short-term rentals.
[Ord. No. 2718, 8-8-2022]
5.
Cemeteries, including mortuaries operated in conjunction with the cemetery.
6.
Child-care centers, nursery schools and day nurseries.
7.
Clubs, private not-for-profit.
8.
Aquaculture.
[Ord. No. 2264, 5-22-2017]
9.
(Reserved)
12.
Foster homes for handicapped children.
13.
Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded.
14.
(Reserved)
15.
Group homes for the elderly.
16.
(Reserved)
17.
Home occupations permitted by Section 415.090(H).
[Ord. No. 2819, 9-11-2023]
18.
Large water features.
19.
Local public utility facilities:
a.
Provided that any installation, other than poles and equipment attached to the poles, shall be:
b.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
20.
Mausoleums or crematoriums in an existing cemetery, any other provision of the law notwithstanding, but no such structure shall be situated closer than one hundred (100) feet to any cemetery property line.
[Ord. No. 2588, 1-25-2021]
21.
Mulching plants for trees, wood or wood waste, but not including any assembly or manufacture of a product.
22.
Nursing homes, including assisted care living facilities (overall density of assisted care units is a function of permitted beds).
23.
Police and fire stations.
24.
Post offices and other government buildings.
25.
Public utility facilities, other than local public utility facilities.
26.
Radio, television and communication transmitting, receiving or relay towers and facilities, subject to the provisions of Chapter 430 of this Code.
27.
Recreational camps and camping facilities.
28.
Recreational land uses, commercial or not-for-profit.
29.
Residential substance abuse treatment facilities.
30.
Retreats operated by educational or other not-for-profit entities.
31.
Riding stables, kennels and veterinary clinics.
32.
(Reserved)
33.
Sales rooms (retail and wholesale), when established as an accessory use to commercial gardens, plant nurseries and greenhouses, for the sale of nursery products and related items for use in preserving the life and health of such products, hand tools and plant containers. The preceding items shall not include power-driven equipment, lawn and garden furniture nor decorative accessories and fencing; however, bulk sale of sand, gravel, mulch, railroad ties or similar materials may be permitted. The salesroom may occupy all or a portion of a building.
34.
Satellite dishes [additional to provisions of Section 415.380(R)].
35.
Sewage treatment facilities, other than facilities permitted as an accessory use.
36.
Specialized private schools.
D.
Accessory Land Uses And Developments.
1.
Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
b.
Individual sewage treatment facilities serving an individual dwelling, farm or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
c.
Private stables.
d.
Signs (business, directional and information).
2.
Accessory Buildings And Structures. The following supplemental regulations apply to all accessory buildings and structures authorized by this Section in addition to any other applicable restrictions:
a.
The maximum square footage of a footprint for any accessory building and structure attributable to a specific authorized accessory use shall not exceed the lesser of the following:
(1)
One point five percent (1.5%) of the overall lot size on which it is located for any property less than five (5) acres in size and two point five percent (2.5%) of the overall lot size on which it is located for any property greater than five (5) acres in size; or
(2)
A maximum square footage of ten thousand eight hundred ninety (10,890) square feet; provided that either maximum standard in this Subsection may be exceed if authorized pursuant to the procedures set forth in Section 415.090(I) for the simplified conditional use permit.
b.
Accessory buildings or structures exceeding the requirements of Subsection 415.090(D)(2)(a) above may be approved only pursuant to the procedures set forth in Section 415.090(I) for a simplified conditional use permit. Objections offered by surrounding property owners, as part of the notification requirements of the simplified conditional use permit, shall be provided in writing and based upon a definable concern such as, but not limited to, grading and land disturbance, tree removal, stormwater runoff, access, or building or structure orientation.
c.
Accessory buildings or structures meeting the requirements of Section 415.090(D)(2)(a) above in terms of overall size of their footprint, but greater than three thousand two hundred seventy (3,270) square feet in area, shall be required to provide an additional setback distance from all property lines equal to an additional five (5) feet [not to exceed one hundred (100) total feet] of setback distance for every five hundred (500) square feet of footprint in excess of three thousand two hundred seventy (3,270) square feet in area; provided that private stables shall continue to be subject to any other the minimum setbacks as established for such use in Section 415.090(G)(4)(j). The additional setback requirements set forth in this Subsection may be modified if so authorized pursuant to the procedures set forth in Section 415.090(I) for the simplified conditional use permit.
E.
Performance Standards. All uses in the "NU" Non-Urban Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.
F.
Height Limitations For Structures. The total height of any structure or building shall not exceed that permitted in Section 415.240, Air Navigation Space Regulations. However, in no case shall the total height of any structure or building exceed sixty (60) feet in overall size, unless otherwise authorized by a conditional use permit.
G.
Lot Area And Yard Requirements. The minimum lot area and yard requirements for land uses and developments in the "NU" Non-Urban Residence District shall be as set out below:
1.
Minimum Lot Area Requirements.
a.
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 § 2, 10-10-2016; Ord. No. 2718, 8-8-2022]
USE | MINIMUM AREA | |
|---|---|---|
Administrative offices and educational facilities — religious | 4 acres | |
Child-care center | 3 acres | |
Church | 3 acres | |
Dwelling, single-family | 3 acres | |
Home occupations not permitted by right within the district | 3 acres | |
Local public utility facilities | 1 acre | |
Mechanical sewage treatment facility | 3 acres | |
Mortuary | Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district] | |
Residential substance abuse | 3 acres (except 5 acres for a facility of more treatment facilities than 8 resident patients) | |
Schools | ||
Nursery or day nursery | 3 acres | |
Kindergarten (separate) | 3 acres | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
Collegiate | 10 acres | |
Short-term rental | 3 acres | |
b.
Any lot or tract of record on the effective date of this Chapter, which contains less than three (3) acres, may be used as a site for one (1) single-family dwelling together with customary accessory structures and uses.
c.
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
d.
Mechanical sewage treatment facilities may be located on tracts of land less than three (3) acres in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than ten thousand (10,000) square feet.
e.
Police and fire stations and post offices and other government buildings as approved by the Planning and Zoning Commission via a conditional use permit may be established on tracts of land of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of the land use in the neighborhood of these uses, except no such parcel of ground shall be less than two (2) acres in overall size.
f.
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2.
Creation Of New Lots. No lawful new lots shall be created of less than three (3) acres in area, except local public utility facilities. Lots of less than three (3) acres in area, created for the above use, shall not be used for any other use. In the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than three (3) acres, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated with a copy to be filed with the City of Wildwood.
3.
Minimum Yard Requirements — General.
4.
Specific Yard Requirements And Exceptions.
a.
Notwithstanding any other provisions of this Chapter, on corner lots no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b.
Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:
[Ord. No. 2741, 11-14-2022]
(1)
The boundary wall or fence is six (6) feet or less in height.
(2)
The boundary wall or fence is not located within the sight distance triangle.
(3)
The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.
(4)
The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.
(5)
The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.
(6)
The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.
(7)
Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.
(8)
Nothing contained herein shall prohibit any homeowners' association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.
(9)
On a legal lot of record, which is five (5) acres or greater in size, or which is composed of two (2) or more contiguous tracts of land totaling five (5) acres or more in size, under a single ownership, in which case such contiguous tracts of land may be treated as one (1) lot for purposes of this Subsection, deer fences are allowed within the minimum side and rear yard requirements.
c.
Permitted information signs, six (6) feet or less in height are allowed within the minimum front yard setback.
d.
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback or sight distance triangle.
e.
A permitted freestanding business sign may be located no closer than twenty-five (25) feet from any roadway right-of-way line.
f.
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
g.
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than seventy-five (75) feet be required.
h.
If a lot of record existing on the effective date of this Chapter has a width of one hundred (100) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
i.
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
j.
No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.
5.
Maximum Height And Minimum Yard Requirements For Nursing Homes.
a.
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
b.
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
c.
Limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
6.
Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.
a.
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b.
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c.
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d.
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H.
Home Occupations Authorized By A Conditional Use Permit.
[Ord. No. 2819, 9-11-2023]
1.
A home occupation may be authorized by a conditional use permit when such property use will not cause harm to nearby properties.
2.
Any home occupation shall remain secondary to the principal use of the property and shall not exceed the scale of it. To maintain the appropriate scale relative to these uses, the following minimum conditions shall be adhered to by the owner/operator of the home occupation: any exterior portion of a structure shall be of a residential character and style which is compatible with existing character of the neighborhood if altered or expanded to accommodate the home occupation; the addition of any outbuilding to be used in conjunction with the operation of the authorized home occupation shall replicate the architectural style of the principal building; no outdoor storage of products or materials shall be authorized as part of any operation and all activities shall be conducted indoors; employee of the authorized home occupation shall be other than a family member who resides on the premises; no signs shall be authorized in conjunction with the home occupation; no more than two (2) customers or clients may visit the business at any given time and no more than five (5) per day in total; and patron hours of operation where customers or clients may visit the premises shall be limited to 7:00 A.M. to 9:00 P.M. Monday through Friday; 9:00 A.M. to 1:00 P.M. on Saturdays; and no hours on Sundays. Patrons shall include customers, clients, delivery persons, and suppliers. Other restrictions may be placed upon the use of the property as a home occupation as part of the approval of the conditional use permit.
3.
The use of the principal building and related outbuildings for the authorized activity shall be limited to not more than twenty-five percent (25%) of the overall floor area of all structures on the site.
4.
The operation of a home occupation shall not create any noise, vibration, fumes, odor, heat, glare or any kind of interference that can be reasonably detected beyond the property line of the subject site or create disturbance for adjoining parcels of ground. "Reasonably detected," for the purposes of this Chapter, shall be interpreted to mean compliance with Section 415.250, Zoning Performance Standards Regulations, of the City of Wildwood's Zoning Code.
5.
The home occupation authorized on the property shall provide adequate off-street parking for patrons and deliveries, but parking area and design shall be limited to the type normally associated with residential areas and deliveries to the site shall be limited to single axle vehicles normally used in residential areas.
6.
The operator of any permitted home occupation must prove, establish and maintain permanent residency (domicile) in the principal (primary) structure at all times during its use for this activity.
7.
The use or display of any advertising or commercial devices, contrivances, reader boards, inflatable aides or lights upon any personal vehicle, tree or other structure or object located on the property is prohibited. No commercial vehicles shall be parked outdoors in conjunction with this use.
8.
Nothing herein shall be interpreted to require a conditional use permit for home-based work.
I.
Simplified Conditional Use Permit Application Process For Certain Home Occupations. Conditional uses for home occupations authorized by Subsection (H) shall adhere to this review and approval process:
1.
The operator shall complete an application form provided by the City certifying compliance with all applicable requirements of Subsection (H). Included with this application shall be a filing fee of one hundred dollars ($100.00) for processing and notification costs or such other amount set by the Director of Planning to reimburse for such actual costs.
2.
The operator shall provide to the Department of Planning for its review and approval a plot plan indicating all property boundaries, access to the site, proposed off-street parking areas, provision of sanitary sewer service and any other site characteristics relative to the use of the property for a home occupation. Along with this plot plan, the owner/operator of the proposed home occupation shall provide verification to the Department of Planning from the Trustee Association of the subdivision of their notification regarding this request, if applicable.
3.
The request for a simplified conditional use permit shall be posted on the subject site for a period of fifteen (15) days before action is taken on the request by the Department of Planning. The request for the simplified conditional use permit shall also be mailed to all property owners within a radius of five hundred (500) feet of the site for comment.
4.
The Department of Planning shall not issue a simplified conditional use permit if comments are received within the fifteen (15) day comment period in writing in opposition to the request. If comments are received on the request, the applicant must proceeded through the hearing process before the Planning and Zoning Commission as described in Section 415.500, Conditional Use Permit Procedure, except that no additional fee will be required nor the submittal of further plan information. All notification procedures must be repeated again as part of the Planning and Zoning Commission's review.
5.
If no comments are received within fifteen (15) day review period, the Department of Planning shall approve, deny or conditionally approve a simplified conditional use permit to the applicant based upon the requirements of this Section and the findings that would or otherwise be required by Section 415.500. The additional conditions that may be placed on the operation of the home occupation may be imposed to ensure the use of property is in keeping with the surrounding residential character of the area.
6.
The Department of Planning may, upon appropriate justification, deny said request for an expanded home occupation, if site or area conditions should warrant it. Appeal of this decision may be filed with the Planning and Zoning Commission.
J.
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.
K.
Sign Regulations. Sign regulations are set forth in Section 415.400, Sign Regulations — General, and applicable to banners, sponsorship types, which must minimally comply with such, along with any requirements established in an application-specific conditional use permit (CUP).
[Ord. No. 2101 § 1, 4-13-2015]
L.
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (L)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1.
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2.
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3.
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4.
Lighting of these facilities may be authorized upon "NU" Non-Urban Residence District zoned properties, but must comply with the City's outdoor lighting requirements. Light standards in association with these facilities shall not exceed sixteen (16) feet in height, but shall always be at the least height necessary to accommodate the safe and functional use of the facility.
5.
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.