Woodson Terrace City Zoning Code
ARTICLE III
Supplemental Regulations
Section 400.230 Non-Conforming Uses and Structures.
[Ord. No. 1857 §1, 11-21-2013]
A.
Non-Conformity.
1.
A non-conforming lot, land use or structure is one which existed lawfully, whether by variance or otherwise, on the effective date of this Chapter or any amendment thereto and which fails to conform to one (1) or more of the applicable regulations of this Chapter or any amendment thereto. A non-conformity shall not be deemed to have existed on the date this Chapter or any amendment thereto becomes effective, unless:
2.
Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated, they inhibit present and future development of nearby properties, and they confer upon their owners and users a position of unfair advantage.
B.
Statement Of Intent. Non-conformities are not to be expanded, and they should be abolished or reduced to conformity as quickly as the fair interest to the parties will permit.
C.
General Provisions.
1.
An existing non-conforming land use or structure shall not cause further departures from the Zoning Ordinance. Although an existing non-conformity may be continued, except as hereinafter limited, it may not be changed to another use, but only to a use permitted in the district in which it is situated and provided it complies with all other requirements of that district.
2.
The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.
3.
Nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun in good faith prior to the adoption of this Chapter or amendment thereto, and if such construction is diligently prosecuted to completion within two (2) years following such date. "Actual construction" is hereby defined to include the placing of construction materials so that they are in a permanent position and fastened to the earth in a permanent manner.
4.
Extension. A non-conforming use of land shall not be enlarged, extended, or altered, and a structure or part thereof devoted to a non-conforming use shall not be enlarged, extended, constructed, reconstructed, or structurally altered except:
5.
Moving. A non-conforming use of land shall not be moved to another part of a lot or outside the lot, and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designated for such use at the time the use became non-conforming.
6.
Change in use. Where any change is proposed to be made to a use that is permitted by conditional use permit in the district it is located, such change shall be made only through a conditional use permit granted pursuant to the procedure delineated by Section 400.420 of this Chapter.
7.
Density. The number of dwelling units in a non-conforming residential structure shall not be increased after said structure has become a non-conforming use.
8.
Ordinary repair and maintenance. Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction; provided, however, that the restoration of such structure and its use in no way increases any former non-conformity and provided that the restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within one (1) year following such destruction.
9.
Substantial repair and maintenance. If a structure is destroyed by any means out of the control of the owner to an extent of more than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Director of Public Works, the structure shall not be restored except in full conformity with all the regulations of the district in which such structure is situated. When a structure is determined to violate one or more code provisions by the proper administrative official of Woodson Terrace under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure as provided in Section 400.300 of this Chapter.
D.
Abandonment/Registration Of Non-Conforming Uses.
1.
Any non-conforming use which has been abandoned, as defined below, shall not thereafter be reestablished. Any structure and/or land which was formerly devoted to a non-conforming use which has been abandoned shall not again be devoted to any use other than those uses which are permitted in the district in which the structure and/or land is situated.
2.
The term "abandonment," as used herein, shall mean the voluntary discontinuance of a use when accompanied by intent not to reestablish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon:
a.
Any positive act indicating such intent;
b.
Any conscious failure to take all necessary steps to resume the non-conforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease;
c.
In the case of a structure or of a structure and land in combination, discontinuance of the non-conforming use for twelve (12) consecutive months; or
d.
In the case of land only, discontinuance of the non-conforming use for ninety (90) consecutive days or for a total of six (6) months during any one-year period.
3.
(Reserved)
Section 400.240 Accessory Buildings, Structures and Uses.
[Ord. No. 1857 §1, 11-21-2013; Ord. No. 2031, 2-16-2023]
A.
This Section sets forth regulations regarding certain uses, buildings and structures that are accessory to the principal use of the premises so that they may be carried on with the principal use. An activity will be considered an accessory use or accessory structure when it is commonly associated with, integrally related to and is customarily an incidental part of the main use of the property.
1.
Authorization. Accessory buildings and structures may be permitted in any zoning district in connection with a use which is permitted within such district.
2.
Development standards.
a.
No accessory building or structure shall be permitted in any required front, side or rear yard except as specifically provided in this Article.
b.
Accessory buildings and structures in any residential district shall be set back at least three (3) feet from any interior side lot line and at least ten (10) feet from any rear lot line. Canopies or awnings on structures accessory to any residential use shall conform to the aforementioned minimum building setback requirements for accessory buildings. Above-ground swimming pools shall maintain a ten-foot setback from any side or rear property line.
c.
No part of any accessory building or structure shall be located closer than ten (10) feet to any principal building or structure or other accessory building or structure. When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use.
d.
Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks shall be limited to private garages, side or rear yards of private homes, provided that they are parked or stored at all times on an asphalt, concrete or other bituminous solidly paved permanent surface. Stored vehicles or equipment shall be currently registered and/or licensed pursuant to local and State laws. Recreational vehicles or equipment shall not be stored within required off-street parking spaces, encroach onto public property or obstruct any sidewalks, nor be more than eight (8) feet wide and twenty-five (25) feet long. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises.
e.
No accessory building or structure in any residential district shall exceed twelve (12) feet in height. Landscape walls may be located within the required side, rear, or front yard setback, but shall not exceed six (6) feet in height within any side and rear setback and four (4) feet in height between the front setback line of the building and the front property line.
f.
No accessory building or structure in any non-residential district shall exceed twenty (20) feet in height.
g.
Accessory structures and uses shall otherwise comply with the development standards applicable to the zoning district in which they are located.
3.
Relationship to principal use.
a.
Non-residential accessory structures shall be used only by the owner or tenant of the premises or the owner's or tenants' employees.
b.
Residential accessory structures shall not be rented or occupied for financial consideration.
c.
No building or structure accessory to any non-residential use shall occupy in the aggregate more than forty percent (40%) of the total lot area or more than forty percent (40%) of the primary use's floor area.
d.
Playhouses, patios, cabanas, porches, gazebos and incidental storage buildings in a residential district shall not cover more than five percent (5%) of the total lot area.
4.
Time of construction. No accessory building or structure shall be constructed or located on any lot prior to construction of the principal building to which it is accessory.
5.
Temporary accessory buildings. Temporary accessory buildings, including temporary storage structures which are to be used for storage purposes only, may be erected upon a lot prior to the construction of the main building and shall be removed upon the completion of the construction or upon abandonment of the construction.
6.
Review and appeals. All accessory buildings and structures shall be approved by the Director of Economic Development and require a building permit, unless said permit is waived by the Director of Economic Development. Appeals from any decision of the Director of Economic Development shall be heard by the Board of Adjustment.
Section 400.250 Home Occupations.
[Ord. No. 1857 §1, 11-21-2013]
A.
Authorization. A home occupation that is an accessory use to a single-family residence shall be permitted in all single-family residential districts.
B.
Purpose. Home occupations shall be regulated so as to:
1.
Ensure the compatibility of home occupations with all uses permitted in the "R-1" and "R-2" Districts.
2.
Promote the health, safety and general welfare of residential neighborhoods by preventing excessive noise, traffic, nuisances, fire hazards and other adverse effects of unregulated home occupations.
3.
Establish standards for occupations in residential units.
C.
Use Limitations. No home occupation shall be allowed where likelihood exists that it will negatively impact, interfere or conflict with the character, peace, good order and/or safety of the neighborhood in which it is located. In addition to any other use limitations applicable to the district in which the home occupation is located, no home occupation shall be permitted unless it complies with the following provisions:
1.
A home occupation shall be entirely contained within an approved residence, and no more than twenty-five percent (25%) of the combined finished floor area shall be utilized for a home occupation. A home occupation shall not be conducted in an accessory structure or building.
2.
Home occupations shall comply with all local, County, State and Federal regulations and the requirements of this Section.
3.
A home occupation shall be conducted only by persons lawfully residing within the residence.
4.
No visible evidence of the business shall be apparent from the street or the surrounding area nor shall any alteration of the exterior of the principal residential structure be made which changes the character thereof as a dwelling.
5.
All materials or equipment used in the home occupation shall be stored within an enclosed structure.
6.
No parking in the public rights-of-way shall result from the home occupation.
7.
No equipment or process shall be utilized in a home occupation that creates nuisance due to noise, vibration, glare, fumes, odor, emissions or electrical interference that is detrimental to the health, safety, peace, comfort and general welfare of persons in the City of Woodson Terrace.
8.
Except as otherwise permitted by law, no advertising, identification or business exterior displays or signs associated with a home occupation shall be permitted.
9.
There shall be no goods, materials or commodities sold or services rendered that require delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or parcel or letter carrier mail service using vehicles typically employed in residential deliveries.
10.
No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood.
D.
Conditional Use Permit. A home occupation that does not comply with these provisions shall not be operated without first being issued a conditional use permit in accordance with the procedures set forth in Section 400.420.
E.
Short Term Rentals. Short term rentals shall not be allowed. For purposes of this Section, a "short term rental" means the letting or renting, or offering to let or rent, a dwelling unit, or a single-family residence, or a portions thereof, for a fee, to one (1) or more guests for a term of less than thirty (30) days.
[Ord. No. 1972, 9-19-2019]
Section 400.260 Fence Regulations.
[Ord. No. 1857 §1, 11-21-2013; Ord. No. 2066, 2-20-2025]
A.
Fence Types And Height In Residential Zoning Districts.
1.
Fences shall not exceed six (6) feet in height. Fences or a landscaped screen on corner lots shall not be built within the sight distance triangle as defined in Section 400.270. Fences shall not be constructed in front of a building; however, on side and rear yards, the fence may be constructed on the property lines. On a corner lot, fences may not extend beyond the building line on either side of the yards adjacent to the two (2) streets.
2.
All fences shall be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside of the fence area or hidden from both the neighbor's and general public's view.
3.
All exposed steel, except galvanized metal fences, shall have a colored finish coat applied to them and be preserved against rust and corrosion.
4.
Customary fencing around tennis courts and other permitted recreational amenities shall be exempt from height restrictions but shall comply in all other respects with the terms of this Section.
5.
Fences for pools shall meet the requirements of this Section as well as all other applicable regulations of the City of Woodson Terrace.
6.
The height of all fences and walls shall be measured from the natural grade of the subject property.
B.
Design And Maintenance.
1.
All fences shall be maintained in their original upright condition.
2.
Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed.
3.
Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.
4.
It shall be the responsibility of the property owner to verify the property line location prior to erecting a fence or prior to authorizing another person to erect a fence.
5.
The owner of a fence is required to maintain the growth of weeds and grass between, beneath and adjacent to all fences to a height not exceeding seven (7) inches.
C.
Prohibited Fences. The following fences are prohibited in all residential zoning districts of the City:
1.
Fences exceeding a height of six (6) feet, unless otherwise permitted in this Chapter.
2.
Fences erected within the front yard as defined in this Chapter.
4.
No more than two (2) different types of fencing material are permitted on any lot.
5.
No person shall erect or maintain any fence or screen, in whole or in part, of cloth, canvas or other like material.
6.
Except as otherwise permitted by law, no person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes, except for a small advertising placard stating the contractor who installed the fence.
D.
Permit Required. No fence in the City shall be erected, modified or changed in any manner without first filing an application with the City Clerk or his/her representative for approval by the Director of Public Works prior to construction. Such application shall be filed upon forms provided by the City and shall be accompanied by the following:
1.
Legal description and street address, if any, of the land for which the permit is requested.
2.
An overall concept plan, including the shape and dimension of the lot, together with the location, material and height of all proposed and existing fences.
3.
A statement from the legal owner of the property authorizing the placement of the fence on the property.
E.
Appeals. Appeals may be taken to the Board of Adjustment from any determination of the Director of Public Works under this Section.
F.
Penalties For Violation. Any person, agent, officer or servant thereof who shall violate any of the provisions of this Section or who shall fail, neglect or refuse to comply with any provision of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00). Each twenty-four (24) hour period during which the violation continues shall constitute a separate and distinct offense.
Section 400.270 Sight Distance Triangle.
[Ord. No. 1857 §1, 11-21-2013]
No structure or planting exceeding thirty-six (36) inches in height that would impede drivers' vision shall be erected or installed within the triangular area of a corner lot bound by the front property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. The Director of Public Works may establish more restrictive sight triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO) or when the Director of Public Works reasonably believes safety so requires more restrictive sight triangles and such restriction is approved by the Board of Aldermen.
Section 400.280 Double Frontage Lots.
[Ord. No. 1857 §1, 11-21-2013]
In the case of double frontage lots or through lots, there shall be a front yard along each street.
Section 400.290 Landscape and Screening Requirements.
[Ord. No. 1857 §1, 11-21-2013]
A.
When Required. A landscape plan shall be submitted for all new construction or expansion of more than fifty percent (50%) of an existing building or a change in use necessitating an increase of twenty-five percent (25%) or more required parking stalls. A landscape plan shall also be required in conjunction with any site plan required for non-residential or multifamily development, redevelopment, subdivision, rezoning, or conditional use permit application. Single-family and attached single-family dwellings are exempted from these requirements. The landscape plan is subject to the review and approval by the Planning Commission.
B.
Yard Requirements. All required building setbacks shall be landscaped and maintained by the property owner unless otherwise used for automobile parking or circulation.
C.
Parking Lot Landscaping. Deciduous shade trees shall be provided within and along the perimeter of parking lots at a ratio of at least one (1) tree for every twenty (20) parking spaces, in accordance with the following:
1.
All planting areas within a parking lot or vehicular use area shall be curbed with a minimum six-inch-high vertical concrete curb, unless designed in conjunction with a rain garden as approved by the Director of Public Works.
2.
Landscaped islands shall have a minimum width of six (6) feet and a minimum area of one hundred (100) square feet and include at least one (1) deciduous tree and a mixture of shrubs, grass, plants, flowers or other ground cover material.
3.
A perimeter-landscaped area no less than six (6) feet in width shall be required and include at least one (1) deciduous tree spaced no more than forty-five (45) feet apart and a mixture of shrubs, grass, plants, flowers or other ground cover material.
D.
Dumpster Screening. Except for single-family and duplex land uses, all outdoor trash areas shall be screened from view of roadways and adjacent sites by fences, walls or vegetative screens. The screen shall be designed to accommodate refuse hauling equipment, and provide complete visual screening of the dumpster and be compatible in material and color with the principal structure on the lot.
E.
Transition Buffer Specifications. Where non-residential development is adjacent to a residential land use, a transition buffer shall be required on the non-residential lot where it abuts said residential lot. The required transition buffer shall meet the following specifications or combination thereto, subject to approval by the Planning Commission.
1.
Landscaped buffer. The landscape buffer shall be a minimum of twenty (20) feet in width and consist of a mixture of coniferous and deciduous trees, planted and maintained to achieve, within thirty-six (36) months after occupancy of the premises, to be screened at a minimum height of six (6) feet above grade at any particular point along its length.
2.
Landscaped berm. The landscaped berm shall be a minimum of thirty (30) feet in width at the base and at least four (4) feet in height, as measured perpendicular to grade level at any point along its length. Side slopes shall have a gradient no steeper than three (3) to one (1) and be sodded so as to prevent erosion. The top of the berm shall contain a planting screen. The construction of such berm, along with any necessary culverts and ditching, shall not create adverse drainage and flooding conditions on adjacent property as determined by the Director of Public Works and approved by the Planning Commission.
3.
Screen wall. A solid or semisolid screen or wall six (6) feet high with landscape material planted at the base to complement on-site views from adjoining districts.
F.
Public Utilities. All local public utility facilities, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing, walls, or shall be placed underground, or any combination thereof; or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
G.
Minimum Tree Requirements. New trees shall have a caliper of no less than two (2) inches upon planting, and may be clustered for decorative effect following professional landscaping standards for spacing, location, and design.
H.
Waivers. The Planning Commission may waive or vary the requirements of this Section, if the developer demonstrates that, due to special limitations, unusually shaped parcels, variations in topography, soils or other site conditions or impacts to public safety, an alternative method of compliance with this Section is warranted.
Section 400.300 Off-Street Parking Regulations.
[Ord. No. 1857 §1, 11-21-2013]
A.
All buildings or structures hereafter erected, constructed, reconstructed, moved or altered in any manner so as to enlarge or increase capacity by adding or creating dwelling units, guest rooms, floor area or seats, shall be provided with off-street parking spaces pursuant to the following requirements:
1.
Residential uses.
a.
Parking spaces required by this Chapter shall be located on the same parcel of land that the residential use is located.
b.
Parking space(s) provided in an enclosed or semi-enclosed structure shall not project beyond any required building line, except as may be provided in Section 400.240, Accessory Buildings, Structures and Uses.
c.
No required parking space shall encroach upon the street right-of-way of any residential district.
d.
The off-street parking requirements in residential districts may be reduced by the Board of Aldermen for cause shown to give flexibility and/or promote the goals of the Comprehensive Plan.
e.
No abandoned or derelict motor vehicle, no truck with a rated capacity of more than one and one-half (1 1/2) tons, no tractor, tractor trailer or tandem truck shall be parked, stored, or kept upon any residential district premises between the front building line and the adjoining street at any time; provided, however, that such vehicles may be so kept, packed or stored for a period not to exceed twenty-four (24) hours for the purpose of loading or unloading only.
2.
Apartments and non-residential uses.
a.
No parking space shall be accessible from an access driveway within the first fifteen (15) feet of the driveway measured from the street right-of-way line.
b.
Two (2) or more uses may combine to provide the required parking space jointly; however, the parking space so provided shall equal the total space required if each use were to provide parking separately. Plans for such joint parking must be approved by the Board of Aldermen who shall, after approval, record the parking plan and an appropriate legal instrument agreement among the owners of the various properties involved with the office of the St. Louis County Recorder of Deeds. Such recorded plans and agreements shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan to those uses and conditions approved by the Board and agreed to by the owners of the properties involved.
c.
No off-street parking space required under this Chapter shall be used for any purpose other than parking.
d.
Where a change or expansion in use creates greater parking requirements than the amount being provided, no building or occupancy permit shall be issued until provision is made for the increased amount of required off-street parking.
e.
All parking stalls shall contain wheel guards or be curbed in such a manner to ensure that no vehicle will overhang sidewalks or landscaped areas and to ensure that vehicle movement is restricted to driving aisles and driveways.
f.
All required parking spaces, driving aisles, and access streets shall be constructed prior to the issuance of any occupancy permit.
g.
The overnight storage of a vehicle(s) in a non-residential district shall require a permit and fee as determined by the Board of Aldermen for any use that would not customarily require the overnight storage of a vehicle.
3.
Required parking spaces.
Table 1.1 Required Off-Street Parking | |
|---|---|
Use | Maximum Number of Parking Spaces |
Auditoriums, churches, theatres, stadiums, dance halls, banquet halls and other places of assembly | 1 space for every 4 seats (1 seat equals 2 feet of bench length) or 1 space for every 50 square feet of floor space for uses without fixed seats |
Automotive (vehicle) sales, rental and service | 2 stalls per 1,000 sf* of indoor sales area, plus 1 stall per 2,500 sf of outdoor display, plus 3 stalls per service bay |
Barber shops and beauty salons | 3 spaces for every chair |
Building supplies, brick or lumber yards | 2 stalls per 1,000 sf of indoor sales area, plus 1 stall per 2,500 sf of outdoor display |
Car washes | 1 space for each employee on the maximum shift and 3 queue spaces per bay, including bay capacity, for a total of 4 queue spaces per wash bay |
Clubs, civic or fraternal lodges, museums, libraries, etc. | 1 stall per 200 sf of gfa** |
Commercial or services not listed in this Article | 5 spaces per 1,000 sf of gfa** |
Community centers, health clubs or fitness centers, indoor recreation | 5 stalls per 1,000 sf of gfa |
Day care (nursery) | 1 stall per 400 sf of gfa |
Drive-in or drive-through lanes | 5 queue spaces for first service lane, 4 queue spaces for second service lane |
Financial services | 4 stalls per 1,000 sf of gfa |
Funeral homes | 35 stalls per viewing room or 1 space for every 5 seats, whichever is greater |
Furniture or carpet stores, home improvement, garden supply | 3 stalls per 1,000 sf of gfa |
Grocery stores, supermarkets, and department stores | 4 stalls per 1,000 sf of gfa |
Group quarters: group homes and nursing care facilities | 1 stall per 3 residents or beds |
Hospitals | 1 space for every bed in the hospital |
Hotels | 1 stall per room, plus 1 for every employee on the maximum shift |
Multifamily residences, including retirement communities | 1 stall per efficiency or studio unit; 1.5 stalls per 1- or 2-bedroom unit; 2 stalls per 3- or more bedroom unit |
Medical, dental clinics (outpatient) | 5 stalls per 1,000 sf of gfa |
Offices | 4 stalls per 1,000 sf of gfa |
Restaurant (fast-food and general) | 9 stalls per 1000 sf gfa, or 1 stall for every 3 seats, whichever is greater |
Retail sales, personal services | 4 stalls per 1,000 sf of gfa |
Schools, vocational and institutional | 1 space for every classroom and office, and 1 space for every 4 students over 16 years of age |
Service stations, gas stations, auto repair shops or garages and convenience stores | 3 stalls per service bay, plus 4 stalls per 1,000 sf of retail space; this shall not include parking for gas pumps. |
Shopping centers | 4 stalls per 1,000 sf of total gfa, plus 9 stalls per 1,000 sf of food service area |
Single-family residences | 2 stalls per dwelling unit |
Two-family residences | 2 stalls per dwelling unit |
Warehouses, industrial, manufacturing | 2 spaces per 3 employees on the maximum shift plus 1 for each vehicle customarily used in operation or stored on the premises or 1 space per 1,000 sf of gfa, whichever is greater |
NOTES: | |
|---|---|
* | Square feet |
** | Gross floor area - the total area of all floors, measured between the exterior walls of a building. |
4.
Computation. When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, the fraction of one-half (1/2) or less may be disregarded, and a fraction in excess of one-half (1/2) shall be counted as one (1) parking space When a structure or development contains mixed uses, the off-street parking requirements shall be calculated for each individual use, and the total parking requirement shall be the sum of the individual parking requirements.
5.
Commercial loading requirements. One (1) paved off-street loading space shall be provided on the premises for each fifteen thousand (15,000) square feet, or fraction thereof, of gross floor area in every building. Each such loading space shall measure no less than ten (10) feet by forty (40) feet and shall have a height clear of obstructions of fourteen (14) feet.
6.
Industrial loading requirements. Every structure or building containing at least five thousand (5,000) square feet of gross floor area shall provide an off-street loading space measuring not less than ten (10) feet by forty (40) feet and having a height, clear of all obstructions, of fourteen (14) feet, according to the following schedule (See Table 1.2):
Table 1.2 Minimum Loading Requirements | ||
|---|---|---|
Gross Floor Area (square feet) | Number of Loading Spaces | |
5,000 to 24,000 | 1 | |
24,001 to 60,000 | 2 | |
60,001 to 96,000 | 3 | |
96,001 to 144,000 | 4 | |
144,001 to 192,000 | 5 | |
192,001 to 240,000 | 6 | |
240,001 to 294,000 | 7 | |
294,001 to 348,000 | 8 | |
For each additional 54,000 square feet | 1 additional space | |
7.
Design requirements. The provisions of this Section apply to all vehicle parking spaces and parking areas.
a.
All parking areas shall be graded and installed pursuant to the applicable design requirements.
b.
No parking or loading space or area needed for loading and unloading shall obstruct pedestrian and vehicular movement on the public walks, streets or alleys.
c.
All proposed parking plans shall comply with the minimum parking dimensions and aisle widths shown below in Table 1.3.
d.
All spaces within a parking lot shall be clearly delineated by lines painted on or otherwise applied to the parking surface.
e.
Access aisles in parking lots must be at least twenty-two (22) feet wide for two-way traffic (twenty-four-foot-round radii), and fourteen (14) feet wide for one-way traffic. One-way traffic aisles must be clearly marked with directional arrows on the pavement at each intersection with another aisle.
f.
All areas for off-street parking, excluding those of single-family and duplex residences, shall be so arranged that vehicles can turn around within the area and enter the street or roadway in such a manner so as to completely eliminate the necessity for backing into the street or roadway.
g.
Any lights used to illuminate the parking area shall be arranged, located or screened to direct light away from any adjoining residential use. Lighting standards shall in no event exceed sixteen (16) feet in height.
h.
Any parking that exceeds the minimum required parking stalls shall utilize permeable pavement as approved by the Director of Public Works.
Table 1.3 Minimum Parking Dimensions and Aisle Widths | |||||
|---|---|---|---|---|---|
A | B | C | D | E | |
Parking Angle (degrees) | Stall Width (feet) | Stall Length (feet) | Curb Length Per Car (feet) | Stall Depth (feet) | Aisle Width (feet) |
0° | 9.0 | — | 23 | — | 13 |
45° | 9.0 | 19.7 | 12.7 | 17.0 | 14.0 |
60° | 9.0 | 21.0 | 10.5 | 18.0 | 17.5 |
90° | 9.0 | 19.0 | 10.0 | 19.0 | 22.0 |
The diagrams below illustrate the measurements (A), (B), (C), (D) and (E) | |||||
Additional width may be required where the aisle serves as the principal means of access to on-site buildings. | |||||
 |
 |
Section 400.310 Temporary Uses and Special Events.
[Ord. No. 1857 §1, 11-21-2013]
A.
Requirements And Procedures. The Director of Economic Development is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Economic Development may request a report be submitted by health officials with respect to any public health aspect of the proposal and by the Chief of Police with respect to any traffic or public safety aspect of the proposal, if appropriate. The permit shall be issued for a specified period of time not exceeding ten (10) days, unless otherwise provided hereafter or within the permit itself. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Economic Development may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device, construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided; however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies.
B.
The following temporary uses shall be allowed on a lot for which the vendor has a property interest:
1.
Amusement activity. For the purpose of this Subsection, "amusement activity" includes a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition, and any similar activity not involving the erection of any permanent structure or facility.
2.
Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations, provided that no trees shall be displayed within thirty (30) feet of the intersection of the curbline of any two streets.
3.
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of construction of such project.
4.
Real estate office. Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
5.
Seasonal sales. Seasonal sale of farm produce in any commercial or industrial district for a period not to exceed ninety (90) days and as approved by the Director of Economic Development.
6.
Garage, yard or porch sales. The sale of used or secondhand merchandise shall be permitted in any residential district, providing that such use shall not exceed one (1) day in duration, nor occur more than four (4) times, excluding City-wide sales, during a twelve-month period at one residence.
C.
Special Events. All other special events not fully satisfying the criteria of this Chapter may be granted a special event permit only by the Board of Aldermen after review and report by the Director of Economic Development and Director of Public Works. This permit may be granted, denied, or made subject to conditions that the Board of Aldermen may deem reasonably necessary to protect the public health, safety, and general welfare. The Board of Aldermen shall review the application based on the intent of this Chapter and the appropriateness of the event in light of the standards set forth herein.
D.
Appeals. Appeals from decisions of the Director of Economic Development concerning special event permits shall be appealed to the Board of Zoning Appeals.
Section 400.320 Air Navigation Space.
[Ord. No. 1857 §1, 11-21-2013]
Where required by the Board of Aldermen or the Planning Commission, the petitioner of any development shall supply a written statement from the Federal Aviation Agency stating that the development does not interfere with any air navigation space.
Section 400.330 Helicopter Landing Pads.
[Ord. No. 1857 §1, 11-21-2013]
No helicopter landing pads shall be allowed in the City.
Section 400.335 Clothing Donation Boxes.
A. CLOTHING DONATION BOXa. b.
Definitions. For purposes of this Code, the following terms shall have the meanings indicated:
Any unattended outdoor container, bin, receptacle, shed or similar device located on any property within the City of Woodson Terrace that is used for collecting donations of clothing, used clothing or textiles.
A clothing donation box does not include unattended recycle bins used only for the collection of recyclable paper, plastic products or expired prescription bottles left outside the police station, nor any official box at or near City Hall used for the "Toys for Tots" or "Winter Warm Up" for collection of clothing, both sponsored by the City.
B.
Clothing donation boxes are an expressly prohibited use and are not permitted in any zoning district in the City of Woodson Terrace.
C.
Violations.
1.
In case any building, structure or land is used in violation of this Section, or any clothing donation box is placed, erected, constructed, reconstructed, altered, repaired or converted in violation of this Section, the Director of Public Works is authorized and directed to institute any appropriate action to put an end to such violation.
2.
Any person or corporation who shall violate any of the provisions of this Section shall be subject to a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by both such fine and imprisonment in the discretion of the court. For the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
Section 400.340 Acknowledgment of Conditions.
[Ord. No. 1857 §1, 11-21-2013]
A.
In each instance in which approval of use or development of property is made subject to conditions by the Board of Aldermen, a copy of the approved ordinance, resolution, order, or permit shall be:
1.
Recorded by the property owner or owners prior to commencement of development or use at the property owner(s)' cost; and
2.
Furnished by the property owner or owners or petitioner to the operator, owner, and manager, including successive operators, owners, and managers, each of whom shall forward to the Director of Economic Development an acknowledgment that he/she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order, or permit and agrees to comply herewith.
Section 400.350 Architectural Review Board.
[Ord. No. 1857 §1, 11-21-2013]
A.
Purpose. The purpose of the Architectural Review Board shall be to review plans and specifications for the exterior of buildings and structures within the City of Woodson Terrace in order to determine that these structures conform to certain minimum architectural standards of appearance and conformity with surrounding structures, and that unsightly, grotesque, and unsuitable structures, detrimental to the stability of value and the welfare of surrounding property, structures, and residents, and to the general welfare of the community, be avoided, and that appropriate standards of beauty and conformity be fostered and encouraged.
B.
Members. There is hereby created a Board of Aldermen to be known as the "Architectural Review Board." The Board shall consist of the members of the Planning and Zoning Commission of the City of Woodson Terrace. The Chairman of the Planning and Zoning Commission shall be the Chairman of the Architectural Review Board.
C.
Adoption Of Rules And Regulations. The Architectural Review Board may adopt from time to time such reasonable rules and regulations as it may deem necessary and proper.
D.
Design Guidelines. The following architectural design guidelines are provided to ensure that alterations to existing structures and new construction are visually pleasing, create architectural interest and reinforce pedestrian scale:
1.
Articulation. Buildings should be articulated to reduce the apparent scale of the building. Architectural details used to articulate the structure may include changes in the building plane (offsets), columns, balconies and other three-dimensional details that create shadow lines and break up the flat surfaces of the facade.
2.
Roof and eaves. Roofline offsets should be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The use of eaves, alternating dormers, stepped roofs, gables or other roof elements should be used to add visual relief and physical articulation to the overall facade. Flat-roofed designs should include architectural details such as cornices and decorative eaves to provide interest to the roofline.
3.
Window and entryway treatments. Decorative lintels, sills, glazing, door design, moldings or framing details should be used on windows and entryways located on facades facing or adjacent to public streets.
a.
Primary building entries should be parallel to Natural Bridge Road and Woodson Road and include a stylized entryway such as a recessed entrance, an extruded entrance, truncated corner entryway or other design that creates an enhanced sense of entry.
b.
Building frontages and sides of buildings oriented to the street should incorporate a combination of awnings, building-mounted lighting, pedestrian-level display windows, storefronts and entrances.
c.
Upper-story windows should be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.
4.
Building materials. The use of external insulating finishing system ("EIFS"), corrugated metal, aluminum siding, and vinyl siding should be limited to accent features only. The use of plain face concrete block as an exterior material shall be prohibited where visible from a public street or right-of-way or any residential district. EIFS and vinyl siding should not be used on the bottom four (4) feet of the building facade or other areas where it could be easily damaged by yard equipment or constant contact by vegetation or pedestrians. The use of highly reflective or glossy materials or coatings should be limited to building accents only.
5.
Awnings and canopies. All non-residential buildings should have an awning or canopy over any building entrance that abuts the public right-of-way. Awnings emphasize the primary entrance, provide shade and weather protection for users and add texture, interest and variety to the building facade and streetscape.
E.
Review And Approval. Three (3) prints of all plans, elevations, and detailed drawings relating to the architectural design, color, and texture of surface materials of exterior construction of any building or structure shall be submitted, for Architectural Review Board review and approval, to the Director of Economic Development simultaneously with, if not in duplicate to, other plans, elevations, and detailed drawings for review and approval of the Board of Aldermen and/or Planning Commission (see Sections 400.410 and 400.420). After approval of a development by the Board of Aldermen and/or Planning Commission and prior to forwarding approved plans to the Director of Public Works for building permit processing, the Architectural Review Board shall promptly approve, disapprove, or recommend such changes in plans relating to the architectural design, color, and texture of surface materials of exterior construction as are necessary in order to carry out the provisions of this Chapter. Decision of said Board must be made within thirty (30) days from the date of aforementioned approvals. Failure to make a decision within that period shall be deemed to constitute approval.
Section 400.360 Residential Infill and Conversions.
[Ord. No. 1857 §1, 11-21-2013]
A.
In order to protect the integrity of the City's housing stock and to protect the public from hazards inherent in overcrowding in residential property, it shall be unlawful for any person to alter, or cause to be altered, any existing structure or portion thereof to increase the number of dwelling units on any parcel of land.
B.
Residential Infill. Residential structures may be redeveloped or replaced, subject to the following additional regulations:
1.
Elevations for any reconstructed dwelling or new replacement dwelling shall be approved by the Planning Commission and meet all required Building Code requirements.
2.
The Board of Aldermen may waive the required height and bulk requirements; however, the development should be consistent with the surrounding residential development.
3.
The Board of Aldermen may waive the minimum lot size and density requirements, provided the proposed lot size(s) and density does not exceed one hundred fifty percent (150%) of the average surrounding residential development.
4.
If not specifically waived or substituted in the ordinance authorizing the conditional use permit, all provisions of the underlying zoning and development regulations shall apply.
C.
Residential Conversions. Residential structures located in a commercial district may be converted to a commercial use subject to the following additional regulations:
1.
No alterations shall be made to the building exterior except for those required to bring the building into compliance with accessibility standards.
2.
Off-street parking shall be restricted to the rear of the building and comply with the requirements of this Code.
3.
Only one (1) accessory structure shall be permitted on the property and shall be used for storage purposes only.
4.
No exterior storage, placement of materials or display of goods shall be permitted; and