City of Weston, MO Special Use Exceptions

Section 405.240 Special Use Exceptions — General Provisions — Permit.

[Ord. No. 9.004 Art. X §1, 2-22-1972; Ord. No. 9.064 §§1 — 2, 2-9-2009; Ord. No. 9.065 §§1 — 2, 8-10-2009; Ord. No. 9.104, 6-11-2018]

The special exceptions listed in Figure 1 and their accessory buildings and uses may be permitted by the Weston Planning and Zoning Commission and the Board of Aldermen in the districts indicated therein in accordance with the procedure set forth in this Section and the requirements listed in Figure 1.

Upon receipt of an application for a permit for a special use exception by the Board of Aldermen, it should be referred to the Weston Planning and Zoning Commission for investigation as to the manner in which the proposed location and character of the special use exception will affect the Comprehensive Community Plan and how the standards in Figure 1 are applied. The Planning and Zoning Commission should report the results of its study to the Board of Aldermen within sixty (60) days following receipt of the application. If no such report has been filed with the Board of Aldermen within this time period, the Board of Aldermen may proceed to process the application.

A fee as stated in Section 405.440 should be paid to the Clerk of the City of Weston at the time the application is filed and an additional fee as stated in Section 405.440 should be paid to the City Clerk prior to the time publication of "notice of public hearing" is ordered by the Board of Aldermen. All fees received hereunder by the City Clerk should forthwith be paid over to the credit of the General Fund of the City of Weston. The Board of Aldermen should then conduct a public hearing after fifteen (15) days' notice thereof has been given. Following the hearing and upon an affirmative finding by the Board of Aldermen that:

The proposed special use exception is to be located in a district wherein such use may be permitted, and

The requirements set forth in Figure 1 for such special use exception will be met, and

The special use exception is consistent with the spirit, purpose and intent of the Comprehensive Community Plan, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare.

The City Planning and Zoning Commission should order the Chairman of the Planning and Zoning Commission to issue a zoning certificate for the special use exception.

An existing lawful use which is listed herein as a special use exception and which is located in a district in which such special use exception may be permitted should be considered a conforming use.

Any expansion of such special use exception involving the enlargement of the buildings, structures and land area devoted to such use should be subject to the procedure described in this Section.

If the nature of the special use exception involves more than one (1) of those listed in Figure 1, the applicant may apply for a permit for the special use exception which most closely relates to the primary use, provided that the requirements of all related uses will be met.

[Ord. No. 9.120, 1-13-2020]

FIGURE 1 SPECIAL USE EXCEPTIONS AND REQUIREMENTS [Ord. No. 9.080 §§1 — 2, 5-13-2013; Ord. No. 9.093 §2, 7-13-2015; Ord. No. 9.100, 3-20-2017]
	District(s) In Which Use May Be Permitted	Requirement Designation
Airport or heliport	"A-1", "I-1", "S-3"	b6 (heliport), b11 (airport, g, h2, i1 (airport), i2 (heliport), j1, k1, l4, n3, p, r1, s, t, 72, v, w
Artificial lake of 1 or more acres	"A-1", "R-1", "R-2", "R-3", "I-1", "S-3"	i1, j2, p, r1, u1, w
Automobile motor repair, body repair and rebuilding and painting of automobiles	"R-1", "R-2", "R-3", "C-1"	a2, o, p, w, x, z, cc
Bed and breakfast facility	All	b13, c3, d1, f2, g, h1, k29, o, p, q, r1, s, u1, v, w, cc, ee
College	All "R" districts	j2, l5, p, s, t, v, w
Conex or Sea-Land Cargo Shipping Container	"A-1," "C-2," "I-1"	al, cl, g, o, p, z
Country club or golf course	"A-1", "R-1", "R-2", "S-2", "S-3"	c1, d3, j1, k28, l4, p, r1, v, w
Crematory or cemetery	"A-1", all "R" districts, "I-1"	b10, c2, p, q, r1, v, w
Display animal	"C-1", "C-2", "H-1", "C-2-A"	a2, pl, ul, w, z, aa, bb, cc
Floodplains and drainageways	"A-1", "I-1"	p
Greenhouse, commercial	"A-1", "I-1"	b4, c6, f2, h1, k7, m4, n1, 41, v, w, cc
Historic district	"R-3", "C-1"	o, p, q
Hospital	"R-1", "R-2", "R-3", "C-2"	b7, c6, g, h5, j1, k9, l2, m5, n1, p, s, t, v
Industrial park	"I-1"	a1, b9, c7, d3, g, h3, j2, k10, l2, m6, n2, o, p, q, r1, s, t, v, w
Libraries, museums, post offices, civic centers, government offices and similar establishments	All districts	p
Kindergarten or day nursery	All "R" districts	b3, c8, f3, h1, i3, j1, k12, r1, v
Medical marijuana dispensary	"C-2"	a2, b1, c7, g, o, p, v, w, x1, cc, ff
Medical marijuana: - Cultivation facility - Infused product manufacturing facility - Testing facility	"A-1," "I-1"	a2, bl, c7, g, o, p, v, w, x1, cc, ff
Mineral extraction, borrow pit, top soil removal and their storage area	"S-2", "S-3"	c9, e, h1, i5, j1, n3, r1, s, t, u, v, w
Outdoor theater	"C-2", "I-1"	c6, i6, k11, p, r1, s, t, v, w, cc
Outdoor commercial recreational enterprise	"C-2", "S-2", "S-3"	c4, d1, g, h1, i1, j3, k13, n1, p, r2, s, t, v, w, cc
Penal or correctional institution	"A-1", "I-1"	b11, c11, e, g, k14, n3, p, r1
Power transmission line	All districts	p
Practice golf driving range	"C-2", "I-1, "S-3"	c6, i7, j3, k15, r1, v, cc
Private recreational development	All districts	c4, g, h1, j3, k2, r1, v, w, cc
Produce terminal, wholesale	"I-1"	b9, c7, d3, e, h1, i8, j1, k11, l3, m3, n2, p, r1, s, t, u1, v, w, cc
Public or commercial sewage or garbage disposal plant	"A-1", "I-1"	b10, c11, e, k18, r1, u1, v, w
Public or employee off-street parking areas	All "C" and "I" districts	b2, p, r1, s, t, v, x, y
Public park or public recreational facilities	All districts	c4, g, h1, j2, k20, t, v, w
Public utility substation or exchange	All districts	c1, g, j4, k17, r1, v
Radio or television tower	"A-1", "I-1"	k18, p, r1, v
Railroad right-of-way and uses essential to railroad operations	All districts	h1, k19, r1, v
Raising and breeding of non-farm fowl and animals, commercially, except kennel	"A-1", "I-1"	b7, c10, h1, j1, k7, m1, n3, r1, v, w
Residential care facility as defined by Chapter 198, RSMo.	201 Walnut, "R-3", "R-4"	u3
Riding stable	"A-1", "I-1"	b5, c10, h1, j1, k20, m1, r1, v, w, cc
Self-storage facilities	"C-2"	a2, b14, c7, g, h1, i11, j6, k18, o, p, q, r2, s1, t, v, w, x1, cc
Single-family dwelling	I-1	al, bl, cl, hl, p, dd
Slope area	All districts	p
Truck freight terminal	"I-1"	c1, e, j1, k24, n3, p, r1, s, t, v, w

NOTE: Use of # symbol in the figure below indicates that the requirements of the district apply to the district where located.

Requirement Designation	Requirement
a.	CLASSIFICATION OF USE PERMITTED
	1.	Light industrial
	2.	Local business
b.		MINIMUM LOT AREA
	1.	#
	2.	1,500 square feet
	3.	110 square feet per child
	4.	25,000 square feet
	5.	20,000 square feet plus 5,000 square feet per horse over 4 horses
	6.	1 acre
	7.	5 acres
	8.	6 acres
	9.	20 acres
	10.	40 acres
	11.	80 acres
	12.	320 acres
	13.	Two times requirement for one-family dwelling
	14.	2 acres
c.	MINIMUM YARDS (feet)
		Front Side (each)		Rear
	1.	#	#	#
	2.	#	50	50
	3.	#	10	30
	4.	#	40	40
	5.	#	—	—
	6.	100	40	40
	7.	100	Abutting residential —	75
			Abutting other use —	35
	8.	#	20	#
	9.	150	150	150
	10.	100	100	100
	11.	300	300	300
d.	BUILDING SETBACK FROM CENTERLINE OF INTERIOR ROAD
	1.	40 feet
	2.	50 feet
	3.	85 feet
e.	USE PERMITTED NOT CLOSER THAN 300 FEET TO A RESIDENTIAL USE
f.	MINIMUM GROSS FLOOR AREA OF PRINCIPAL BUILDING(S) (square feet)
	1.	#
	2.	Over 1,000
	3.	Determined by number of children to be accommodated
	4.	400
	5.	Two times one-family dwelling
	6.	672
g.	PLAN OF LANDSCAPE DEVELOPMENT TO BE SUBMITTED WITH APPLICATION
h.	MAXIMUM HEIGHT OF STRUCTURE (feet)
	1.	#
	2.	As required by appropriate State or Federal agency
	3.	Same as light industrial
	4.	45
	5.	70
	6.	25
i.	FENCE
	1.	6 foot wire mesh where accessible to the public
	2.	6 foot wire mesh when located at ground level
	3.	4 foot wire mesh around play area
	4.	Solid wall or solid painted fence 8 feet high
	5.	4 foot wire mesh abutting residential use
	6.	Painted board fence 8 feet high
	7.	Adequate to protect abutting use
	8.	6 foot wire mesh
	9.	6 foot solid painted for refuse dump
	10.	6 foot wire mesh abutting residential use
	11.	Fencing is optional, as approved by the Planning and Zoning Commission
j.	SCREEN PLANTING WHERE ABUTTING RESIDENTIAL USE (tight screen, effective at all times)
	1.	6 foot height by 6 foot width
	2.	25 feet abutting residential district or use
	3.	8 foot height by 6 foot width
	4.	Adequate to screen power substation from street view
	5.	6 foot high along streets for refuse dump
	6.	Adequate to screen self-storage facilities from abutting residential district
k.	PARKING SPACES
	1.	1 per 2 employees plus 1 per 4 seats in waiting room
	2.	1 per 2 customers or members
	3.	1 per 2 employees plus 3 per doctor
	4.	1 per 3 employees plus 1 per 6 students
	5.	30
	6.	1 per 3 employees per shift
	7.	1 per 3 employees plus 1 per 125 square feet of sales area
	8.	1 additional
	9.	1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per hospital vehicle
	10.	1 per 2 employees on largest shift
	11.	1 per 2 employees
	12.	1 per 2 employees plus 1 per 5 children to be accommodated
	13.	1 per 3 employees plus 1 per 500 square feet of use area
	14.	1 per 3 employees plus 1 per 10 inmates at estimated capacity
	15.	1 per 3 employees plus 1 per driving tee
	16.	1 per camp site and 1 per cabin
	17.	Telephone exchange — 1 per employee
	18.	1 per employee per shift
	19.	1 per 2 employees where headquartered
	20.	1 per 5,000 square feet
	21.	1
	22.	1 per 60 square feet of sales area
	23.	3 per 4 employees plus 1 per 4 seats
	24.	1 per 2 employees plus 10 for customars
	25.	1 per employee plus 1 per sleeping accommodation
	26.	2
	27.	1 per employee plus 1 for each 6 seats in main auditorium
	28.	1 per 3 members
	29.	2 for the owners and 1 for each guest room to be rented
l.	DISTANCE OF PARKING AREA FROM RESIDENTIAL USE (feet)
	1.	10
	2.	25
	3.	50
	4.	100
	5.	300
m.	NUMBER OF LOADING AND UNLOADING BERTHS (shall not face on bordering highway)
	1.	1
	2.	2
	3.	Per development plan
	4.	15,000 square feet — 1
		Over 15,000 square feet — 2
	5.	Up to 200 beds — 1
		200 to 500 beds — 2
		Over 500 beds — 3
	6.	15,000 square feet or less — 1
		15,001 — 40,000 square feet — 2
		40,001 — 100,000 square feet — 3
		each additional 40,000 square feet — 1 additional
n.	DISTANCE OF LOADING AND UNLOADING BERTH FROM RESIDENTIAL USE (feet)
	1.	50
	2.	100
	3.	300
o.	PLAT APPROVED BY THE COMMISSION TO BE SUBMITTED WITH APPLICATION
p.	DEVELOPMENT PLAN TO BE SUBMITTED WITH APPLICATION
q.	COVENANT BY OWNERS TO PERPETUATE MAINTENANCE AND APPROVE FUTURE IMPROVEMENTS
r.	MAXIMUM NUMBER OF PRINCIPAL ENTRANCES FROM MAJOR THOROUGHFARE
	1.	1
	2.	2
s.	ACCEPTABLE RELATIONSHIP TO MAJOR THOROUGHFARE
	1.	Align majority of doors perpendicular to major thoroughfare
t.	THOROUGHFARES MUST BE ADEQUATE TO CARRY ADDITIONAL TRAFFIC ENGENDERED BY USE
u.	OTHER AUTHORITY APPROVAL REQUIRED
	1.	State Division of Health
	2.	Aeronautics Commission
	3.	State of Missouri, Department of Social Services, Division of Aging
v.	OUTDOOR ARTIFICIAL LIGHTING SHALL BE APPROVED BY THE COMMISSION
w.	DISPOSAL OF LIQUID AND OTHER WASTES SHALL MEET THE APPROVAL OF THE PERTINENT HEALTH AUTHORITIES
x.	NO SALES, DEAD STORAGE, REPAIR WORK OR DISMANTLING ON THE LOT
	1.	No open storage outside of building without prior approval of the Planning and Zoning Commission
y.	EXCEPT FOR APPROVED EXITS AND ENTRANCES, A MASONRY WALL 4 FEET IN HEIGHT AND 6 INCHES THICK ERECTED AT REQUIRED FRONT LINE OF BUILDING AND MAY BE REQUIRED ALONG BOUNDARIES OF PARKING AREA, AS DETERMINED BY THE COMMISSION FOR THE PROTECTION OF RESIDENTIALLY ZONED OR USED PROPERTY
z.	A REVIEW BY THE BOARD OF ALDERMEN OF THE SPECIAL USE EXCEPTION IS TO BE HELD BIANNUALLY IN JANUARY AND JULY EACH YEAR IN ORDER TO DETERMINE WHETHER COMPLIANCE WITH THIS CODE AND ALL OTHER TERMS OF THE SPECIAL USE PERMIT HAVE OCCURRED; AND, IF IT IS DETERMINED THAT CONFORMANCE HAS NOT OCCURRED, THE BOARD SHALL PROCEED WITH THE REVOCATION OF THE SPECIAL USE PERMIT HOLDER'S BUSINESS LICENSE PURSUANT TO CHAPTER 605
P1	A DRAWING OF THE BUILDING WHEREIN THE BUSINESS, EMPLOYMENT, OCCUPATION, AGENCY, AMUSEMENT OR EXHIBITION IS TO BE CONDUCTED SHOWING ROOMS, DIMENSIONS BOTH INSIDE AND OUTSIDE
aa	INDOOR DISPLAY OF ANIMAL ONLY
bb	NO ANIMAL WILL BE STABLED IN THE BUSINESS WHEREIN IT IS LOCATED OVERNIGHT
cc	IN THE EVENT THAT A VALID CITY BUSINESS LICENSE IS ALLOWED TO LAPSE, IS NOT OBTAINED IN A TIMELY MANNER, OR IS REVOKED BY THE CITY OF WESTON FOR ANY REASON, THE SPECIAL USE EXCEPTION SHALL TERMINATE. [Ord. No. 9.093 §1, 7-13-2015]
dd	WHEN PART OF THE EXISTING BUSINESS; IS A PERMANENT, EXISTING STRUCTURE; AND SECONDARY TO THE EXISTING BUSINESS
ee	An applicant for a Special Use Exception for a Bed and Breakfast facility, must also meet all requirements under City of Weston Code Section 405.300 — Bed and Breakfast Facilities.
ff	—A n applicant for a Special Use Exception for a medical marijuana dispensary, cultivation facility, infused product manufacturing facility and testing facility shall meet all requirements under City of Weston Code Section 405.315, Medical Marijuana Facilities Operation Requirements.

Section 405.250 Additional Height, Area and Yard Regulations.

[Ord. No. 9.004 Art. X §2, 2-22-1972; Ord. No. 9.017 §1, 12-13-1982; Ord. No. 9.019 §3(C — D), 8-12-1985; Ord. No. 9.032 §1, 5-14-1990; Ord. No. 9.036 §1, 4-11-1991; Ord. No. 9.063 §§1 — 2, 9-8-2008]

General. The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.

Additional Height Regulations.

One-family dwellings and two-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet, but they should not exceed three (3) stories in height.

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the City of Weston, Missouri.

Additional Area Regulations.

No accessory building should be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building should be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.

More than one (1) industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract, but the yards and open space required around the boundaries of the lot or tract should not be encroached upon by any such buildings, nor should there be any change in the intensity of use requirements.

When more than one (1) multiple dwelling building is erected upon a single lot or tract, the minimum distances between main buildings should be the following:

Front to front, seventy (70) feet; front to rear, sixty (60) feet.

Side to side, one-half (½) the height of the taller building, but not less than twenty (20) feet.

Front to side or rear to side, the height of the taller building, but not less than thirty (30) feet.

Rear to rear, fifty (50) feet.

Where an open space is more than fifty percent (50%) surrounded by buildings, the minimum width of the open space should be thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for three-story buildings.

Variations from the requirements of Section 405.090, Subparagraph (12)(b); Section 405.110, Subparagraph (3)(b); Section 405.120, Subparagraph (5)(b); and Section 405.130, Subparagraph (3)(b); should be made under the following considerations:

[Ord. No. 9.094 §1, 10-29-2015]

The detached garage is thirty (30) feet or more away from the residential structure.

The facing material is coordinated with the base and trim color of the residential structure.

The roofline compliments the roofline of the residential structure.

Additional Yard Regulations.

In computing the depth of a rear yard, where such yard opens onto an alley, one-half (½) of the alley width may be included as a portion of the rear yard.

Accessory buildings which are not a part of the main building may be built in a rear yard within five (5) feet of the rear lot line. An accessory building which is not part of the main building should not occupy more than thirty percent (30%) of the required rear yard.

Every part of a required yard should be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches. This requirement should not prevent the construction of fences not exceeding eight (8) feet in height, except on that portion of lots within thirty (30) feet of the intersection of two (2) or more streets.

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than four (4) feet, six (6) inches, and the ordinary projections of chimneys and flues may be permitted by the Chairman of the Planning and Zoning Commission.

For the purposes of side yard requirements, a two-family dwelling should be considered as one (1) building occupying a single lot.

An open, unenclosed porch not more than one (1) story in height or paved terrace may project into the required front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four (4) feet.

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the first (ground) story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.

When forty percent (40%) of a frontage is developed with two (2) or more buildings, then the depth of the front yards heretofore established should be adjusted in the following manner:

When the building furthest from the street provides a front yard no more than ten (10) feet deeper than the building closest to the street, then the average depth of the front yard for such frontage should be the minimum depth of front yard for new buildings in such block.

When the above is not the case and the lot is within one hundred (100) feet of an existing building on each side, excluding, however, buildings on corner lots which front the intersecting street, then the depth of the front yard should be determined by a line drawn from the closest front corners of these two (2) adjacent buildings.

When neither paragraph (a) or (b) is the case and the lot is within one hundred (100) feet of an existing building on one (1) side only, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard should be the same as that of the existing adjacent building.

In the application of the above paragraphs, the adjusted depth of the front yard need not exceed forty (40) feet in the "C-1" Central Business District and "C-2" Local-Highway Business District.

In all districts a triangular space should be maintained at the street corner of a corner lot, free from any kind of obstruction to vision between the height of three (3) and twelve (12) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the intersection of the property lines or the property lines extended on the corner of the lot using each of the street right-of-way lines.

10.

In one-family dwelling districts "R-1" and "R-2", when seventy-five percent (75%) of the frontage of a block on both sides of the street between two (2) intersecting streets or between an intersecting street and a cul-de-sac has been developed with main buildings and accessory buildings with side yards less than that required by the dwelling district in which the property is situated, then the side yard requirement for any main buildings or accessory buildings in the block should be the average side yard of all parcels of property in the block rather than the side yard set forth in the dwelling district in which the parcel of property is situated. In determining the existing side yard of any developed parcel, in order to compute the average herein required, the side yard of the main building on any developed parcel should be used, except that, when an accessory building exists with a smaller side yard than the main building has, the side yard should be taken as being the average between the side yard of the main building and the side yard of the accessory building.

Section 405.260 Off-Street Parking and Loading Requirements.

[Ord. No. 9.004 Art. X §3, 2-22-1972; Ord. No. 9.019 §3(E), 8-12-1985; Ord. No. 9.034 §1, 1-14-1991]

General Provisions.

Procedure. An application for a building permit for a new or enlarged building, structure or use should include therewith a plat plan, drawn to scale and fully dimensioned, showing any off-street parking or loading facilities to be provided in compliance with the requirements of this Chapter.

Extent of control. The off-street parking and loading requirements of this Chapter should apply as follows:

All buildings and structures erected and all land uses should provide accessory off-street parking or loading facilities as required hereinafter for the use thereof.

When a building or structure should undergo a decrease in number of dwelling units, gross floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when the decrease would result in a requirement for fewer total off-street parking or loading spaces through application of the provisions of this Chapter thereto, off-street parking and loading facilities may be reduced accordingly, provided that existing off-street parking or loading facilities should be so decreased only when the facilities remaining would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.

When a building or structure undergoes any increase in number of dwelling units, gross floor area, seating capacity or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when said increase would result in a requirement for greater total off-street parking or loading spaces through application of the provisions of this Chapter thereto, off-street parking and loading facilities should be increased so that the facilities would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.

Existing off-street parking and loading spaces. Accessory off-street parking and loading spaces in existence on the effective date of the ordinancing of this Chapter should not be reduced in number unless already exceeding the requirements of this Section for equivalent new construction; in which event the spaces should not be reduced below the number required herein for such equivalent new construction.

Schedule of requirements.

Tables for required off-street parking and loading. Requirements governing the number and location off-street parking, off-street loading facilities in relation to the use of property are established hereinafter in Subsections of this Chapter. The off-street parking and loading requirements for any use not specified in this Chapter should be the same as for a similar specified use as determined below.

Floor area. The term "floor area", as employed in this off-street parking and loading Section in the case of office, merchandising or service types of use, should mean the gross floor area of a building or structure used or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise.

"Floor area", for the purposes of this Section, should not include any area used for:

(1)

Storage accessory to the principal use of a building.

(2)

Incidental repairs.

(3)

Processing or packaging of merchandise.

(4)

Show window or offices incidental to the management or maintenance of a store or building.

(5)

Restrooms.

(6)

Utilities.

(7)

Dressing, fitting or alteration rooms.

Additional Regulations — Parking.

Use of off-street parking facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this Section should be used solely for the parking of passenger automobiles or commercial vehicles of not more than five (5) tons gross weight owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants.

Joint parking facilities. Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning districts in which separate off-street parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together is not less than the sum of the separate requirements for each use and not more than three hundred (300) feet from the lot on which the main building is located.

In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereto assuring their retention for such purposes should be properly drawn and executed by the parties concerned, approved as to form and execution by the Planning and Zoning Commission and should be filed with the application for a building permit.

Not more than fifty percent (50%) of the parking spaces required for:

Theaters and places of amusement and up to one hundred percent (100%) of the parking spaces required for a church or school may be provided and used jointly by

banks, office, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a);

provided however, that written agreement assuring the retention for such purpose should be properly drawn and executed by the parties concerned, approved as to form and execution by the Planning and Zoning Commission and should be filed with the application for a building permit.

Control of off-site facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, they should be in the same possession, either by deed or long-term lease, as the property occupied by such principal use and the owner should be bound by covenants filed on record in the office of the County Clerk, requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

Permitted districts for accessory parking. Accessory parking facilities provided elsewhere than on the same zoning lot with the principal use served in accordance with the requirements below may be located in any zone district except as follows:

No parking facilities accessory to a business or manufacturing use should be located in a residential zone district except where authorized by the Board of Aldermen as prescribed hereinafter.

Non-residential parking in residential districts. Accessory off-street parking facilities serving non-residential uses of property may be permitted in any "R" District, when authorized by the Board of Aldermen after review and study by the Planning and Zoning Commission, subject to the following requirements in addition to all other relevant requirements of this Section:

The parking lot should be accessory to and for use in connection with one (1) or more non-residential establishments located in adjoining districts or in connection with one (1) or more existing professional or institutional office buildings or institutions, if the parking lot proposed is within three hundred (300) feet of the non-residential use which it is to serve.

The parking lot should be used solely for the parking of passenger automobiles.

No commercial repair work or service of any kind should be conducted on the parking lot.

No sign of any kind, other than signs designating entrances, exits and conditions of use should be maintained on the parking lot and any sign should not exceed twenty (20) square feet in area.

The parking lot may be open from 7:00 A.M. to 9:00 P.M. and should be closed at all other times; provided however, that when supervised by one (1) or more full-time attendants, the parking lot may be kept open until 12:00 Midnight.

Each entrance to and exit from the parking lot should be at least twenty (20) feet distant from any adjacent property located in any residential district, except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.

In addition to the foregoing requirements, such parking lots should conform to any further requirements and conditions as may be prescribed by the Board of Aldermen for the protection of properties adjacent to and in the vicinity of the proposed parking lot.

Design and maintenance.

Parking space — description. A required off-street parking space should be an area of not less than two hundred (200) square feet nor less than ten (10) feet wide by twenty (20) feet, being measured perpendicularly to the sides of the parking space exclusive of access drives or aisles, ramps, columns or office and work areas, accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (1½) ton capacity. Aisles between vehicular parking spaces should be no less than twelve (12) feet in width when serving automobiles parked at a forty-five degree (45°) angle in one (1) direction nor less than twenty-four (24) feet in width when serving automobiles parked perpendicularly. Under any circumstances parking spaces should have a gross area of three hundred (300) square feet per car.

Measurement of space. When determination of the number of required off-street parking spaces results in a requirement of a fractional space, any fraction up to and including one-half (½) should be disregarded and fractions over one-half (½) should be interpreted as one (1) parking space.

Access. Parking facilities should be designed with appropriate means of vehicular access to a street or alley in such manner as will least interfere with the movement of traffic. No driveway or curb cut in any district should exceed twenty-five (25) feet in width.

Signs. No signs should be displayed in any parking area within any residential district except as may be necessary for the orderly use of the parking facilities.

Striping. All parking spaces should be properly marked by durable paint in stripes a minimum of four (4) inches wide and extending the length of the parking space.

Required setbacks. No parking space nor portion thereof established on the same zoning lot with a building should be located within a required front yard. No parking spaces nor portion thereof established on a zoning lot without a building should be located closer to any street line than the established building line on adjacent properties nor closer than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence or hedge developed around any parking area should be subject to the front yard setback requirements of this Chapter in the same manner as a building or structure.

Surfacing. All open off-street parking areas (except those accessory to one-family dwellings and two-family dwellings) shall be improved with a compacted macadam base, not less than four (4) inches thick, surfaced with not less than one and one-half (1½) inches of asphaltic concrete or some other comparable all-weather dustless material unless the owner, as an alternative to the above requirement, submits a written plan for the design, drainage, location and materials to be used for open off-street parking areas required by the ordinances of the City of Weston (except those accessory to single-family dwellings and two-family dwellings) to the Planning and Zoning Commission. The Planning and Zoning Commission shall, within forty-five (45) days of submission, make a recommendation regarding the design, drainage, location and materials for said proposed open off-street parking areas to the Board of Aldermen. The Board of Aldermen, upon receipt of the recommendation, shall at a meeting of the Board of Aldermen approve, disapprove or modify the plan for the design, drainage, location and materials to be used for the off-street parking area. The Board of Aldermen may in its discretion refer any modified plan to the Planning and Zoning Commission for review prior to final decision by the Board of Aldermen. The Planning and Zoning Commission and the Board of Aldermen shall consider, in addition to all other relevant factors, the use of the property whereon the parking is to be located, the nature and use of the adjoining properties and the effect of the plan, design, drainage, location and materials to be used upon the use of the property for which it is planned and the effect on the general area upon which the off-street parking is to be located.

It shall be unlawful to begin construction of an open off-street parking area (except those accessory to single-family dwellings and two-family dwellings) without complying with the provisions of this Chapter. Any person, firm or corporation violating the provisions of this Chapter by beginning construction shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confined in the County Jail for not more than ninety (90) days, or by both such fine and confinement.

Lighting. Any lighting used to illuminate an off-street parking area should be so arranged as to reflect the light away from all adjoining properties.

Stormwater. Adequate stormwater drainage facilities should be installed in order to insure that stormwater does not flow onto abutting property or abutting sidewalks in such a way or quantity that pedestrians using the sidewalk would be detrimentally affected or inconvenienced. The Chairman of the Planning and Zoning Commission should approve all such facilities.

Walls or planting screen. Wherever a parking lot abuts onto a public street, sidewalk or alley, a structurally sound wall or other screen approved by the City Engineer should be installed. Adequate retaining walls and other walls along abutting property to provide proper solid retention and screening from abutting properties should also be constructed, subject to the approval of the City Engineer or the City's consulting engineer.

Location Of Parking Areas.

Extent of control. Off-street automobile parking facilities should be located as hereinafter specified; where a distance is specified, such distance should be walking distance measured from the nearest point of the parking area to the nearest entrance of the building that the parking area is required to serve.

For one- and two-family dwellings — on the same lot with the building they are required to serve.

For apartment houses containing four (4) or more dwelling units — on the same lot or parcel of land as the building they are required to serve, or on a separate lot or parcel of land not more than three hundred (300) feet from the nearest entrance to the main building being served, provided the lot or parcel of land selected for the parking facilities is located in an apartment district or a less restricted district.

For clubs, hospitals, sanitariums, orphanages, homes for the aged, convalescent homes and for other similar uses — the off-street parking facilities required should be on the same lot or parcel of land as the main building or buildings being served or upon properties contiguous to the zoning lot upon which is located the building or buildings they are intended to serve.

For uses other than those specified above, the off-street parking facilities should be provided on the same lot or parcel of land as the main building being served, or on a separate lot or parcel of land not over one thousand (1,000) feet from any entrance of the main building measured from the nearest point of the parking area, provided the separate lot or parcel of land intended for the parking facilities is located in the same district as the principal permitted use or in a less restricted district.

Schedule Of Off-Street Parking Requirements.

One- and two-family dwellings. Two (2) parking spaces for each family dwelling unit.

Three- or more family dwellings. Two (2) parking spaces for each family dwelling unit.

Bowling alleys, recreation centers, swimming pools, skating rinks and other recreation and amusement facilities. One (1) parking space for every five (5) customers computed on the basis of maximum servicing capacity at any one time plus one (1) additional space for every two (2) persons regularly employed on the premises.

Club houses and permanent meeting places of veterans, business, civic, fraternal, labor and similar organizations. One (1) parking space for every fifty (50) square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building plus one (1) additional space for every two (2) persons regularly employed on the premises.

Dormitories, fraternity houses and sorority houses. One (1) parking space for every two (2) beds occupied at maximum capacity. This requirement should be in addition to the parking space requirements for educational establishments set forth in Article IV, Section 405.260.

Funeral homes and undertaking establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for every two (2) persons regularly employed on the premises and one (1) space for every six (6) seats in the auditorium or chapel of such establishment.

Hospitals. One (1) parking space for each bed intended for patients excluding bassinets.

Mobile homes. Two (2) parking spaces for each mobile home used for dwelling purposes.

Indoor retail businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus four (4) parking spaces for the first one thousand (1,000) square feet of total area and one (1) additional space for every additional one hundred fifty (150) square feet of floor area and one (1) space for every two (2) full-time employees.

10.

Industrial plants and facilities. Parking or storage space for all vehicles used directly in the conduct of such industrial use plus two (2) parking spaces for every three (3) employees on the premises at maximum employment on a single shift.

11.

Junior and senior high schools. One (1) parking space for every six (6) seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space should be provided for each person regularly employed at such school plus two (2) additional spaces for each classroom.

12.

Libraries, museums, post offices, civic centers, government offices and similar establishments. Parking or storage space for all vehicles used directly in the operation of such establishment plus four (4) parking spaces for the first one thousand (1,000) square feet of total floor area and one (1) additional space for every additional one hundred fifty (150) square feet of floor area.

13.

Medical and dental clinics. Three (3) parking spaces for each doctor plus one (1) additional space for every two (2) regular employees.

14.

Nursing homes. One (1) parking space for every two (2) beds occupied at maximum capacity. This requirement is in addition to the parking space requirements for hospitals set forth in Article IV, Section 405.260.

15.

Offices. One (1) parking space for every two hundred (200) square feet of office space, except in the case of medical practitioners where three (3) parking spaces for every practitioner.

16.

Outdoor retail businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment, and such additional space as may be required by the Planning and Zoning Commission based on the nature of the business and other relevant factors.

17.

Private club or lodge. One (1) parking space for each four (4) members.

18.

Public and private elementary schools. One (1) parking space for each person regularly employed at such school plus one (1) additional space for each classroom.

19.

Public garages. Indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business plus three (3) parking spaces for each person regularly employed on the premises.

20.

Repair shops, plumbing shops, electrical shops, roofing shops and other service establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus two (2) parking spaces for each person regularly employed on the premises.

21.

Restaurants and other eating and drinking establishments. One (1) parking space for every one hundred (100) square feet of total floor area.

22.

Self-service laundries. One (1) parking space for every two (2) washing machines.

23.

Service stations. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for each gas pump, three (3) spaces for each grease rack or similar facility and one (1) space for every two (2) persons employed on the premises at maximum employment on a single shift.

24.

Theaters, auditoriums, churches, stadiums and other places of public assembly. One (1) parking space for every six (6) seats available at maximum capacity.

25.

Motels and hotels. One (1) parking space for each sleeping room offered for tourist accommodation plus one (1) space for each dwelling unit on the premises and also one (1) additional space for every two (2) persons regularly employed on the premises.

26.

Transportation terminals. One (1) parking space for every one hundred (100) square feet of waiting room space plus one (1) additional space for every two (2) persons regularly employed on the premises.

27.

Universities, colleges, academies and similar institutions of higher learning. One (1) parking space for every six (6) seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space should be provided for each person regularly employed at such institution plus five (5) additional spaces for each classroom.

28.

Warehouses, freight terminals and trucking terminals. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person regularly employed on the premises.

29.

Wholesale businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment.

30.

Off-street parking is required for bed and breakfast facilities with two (2) parking spaces for the owners and one (1) parking space for each guest room.

Design And Schedule Of Off-Street Loading And Unloading Space.

Design.

Loading berth — description. An off-street loading berth should be a hard-surfaced area of land, open or enclosed, other than a street or public way, used principally for the standing, loading or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets and alleys. A required loading space should be no less than ten (10) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of access aisles and maneuvering space except as otherwise specifically dimensioned hereafter.

Location. No permitted or required loading berth should be closer than fifty (50) feet to any property in a residential district, unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof not less than six (6) feet in height. No permitted or required loading berth should be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets. Loading berths open to the sky may be located in any required yards.

Measurement of berth. When determination of the number of required off-street loading berths results in a requirement of a fractional berth, any fraction up to and including one-half (½) should be disregarded and fractions over one-half (½) should be interpreted as one (1) loading berth.

Surfacing. All open off-street loading berths should be improved with a compacted macadam base not less than seven (7) inches thick surfaced with not less than two (2) inches of asphaltic concrete or some comparable all-weather dustless material.

Every building or structure used for business, trade or industry should provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space should have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space should be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space should not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. At least the following off-street loading and unloading space requirements for specific uses should be provided:

Retail businesses and service establishments. One (1) off-street loading and unloading space at least twelve (12) feet by thirty-five (35) feet for every three thousand (3,000) square feet of total floor area.

Office buildings. One (1) off-street loading space at least twelve (12) feet by thirty-five (35) feet for office space between two thousand five hundred (2,500) and seventy-five thousand (75,000) square feet and one (1) additional off-street loading space of the same size for every additional one hundred twenty-five thousand (125,000) square feet of office space.

Industrial plants. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every ten thousand (10,000) square feet of total floor area.

Warehouses and wholesale storage facilities. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every seventy-five hundred (7,500) square feet of total floor area.

Section 405.270 Planned Unit Residential Development — Type A.

[Ord. No. 9.004 Art. X §4, 2-22-1972]

The purpose and intent of procedure under this Section is to promote stable residential environments through the introduction and implementation of contemporary land planning concepts. This Section should provide alternative zoning procedures for the "R-1" and "R-2" One-Family Dwelling Districts in order to vary lot sizes and site standards within the overall specified density levels of each residential zone district as measured by the minimum lot size standards under conditions of approved development plans. The minimum total acreage required under this Section should be eight (8) acres in the "R-1" zone district and six (6) acres in the "R-2" zone district.

Permitted Uses. The permitted uses should be as follows:

The same as those for the residential district to which this planned unit residential development is applied.

Private recreation facilities such as golf courses or swimming pools which are limited to the use of the owners or occupants of the lots or structures located within the subdivision.

Under no circumstances should commercial uses be permitted under this Section except that, in the case of recreation facilities such as clubhouses and bathhouses, restaurants and pro shops for the sale of golfing supplies may be permitted for the exclusive use of the owners and occupants of the subdivision.

Lot Requirements. The developer of a subdivision in all "R" districts, upon receiving the approval of the Board of Aldermen of a development plan, after approval and report thereon by the Planning and Zoning Commission, may vary the lot sizes within the subdivision from those required by the applicable zoning district and may develop a tract of land for residential use in one-family dwellings, two-family dwellings, multiple-family dwellings, row houses and other group housing arrangements of attached or detached buildings by compliance with the following procedure.

Under this Section lots may be reduced in area below the minimum lot size required by the residential district in which the subdivision is located, provided that the average lot size of the total lots created in the subdivision is not below the minimum lot size required by the applicable district.

The land utilized by public utilities, such as easements or major facilities such as electrical transmission lines, sewer lines and water mains where such land is not available to the owner for development because of such elements, should not be considered as part of the gross acreage in computing the maximum number of lots which may be created under the procedure hereinafter described.

The maximum number of lots that may be approved should be computed by subtracting from the total gross acreage available for subdivision under this planned unit residential development procedure a fixed percentage of the total for street right-of-way purposes and dividing the remaining area by the minimum lot area requirements of the residential district or district in which the subdivision is to be located. The fixed percentage for street right-of-way purposes to be subtracted from the total area to be subdivided should be as follows:

	"R-1" One-Family Dwelling District 15%.
	"R-2" One-Family Dwelling District: 15%.
	This method should apply regardless of the amount of land actually required for street right-of-way.

Minimum lot requirements. Under the planned unit residential development procedure, no lots should be reduced in area below the following minimum requirements:

	Zoning District	Required Minimum Lot Area of District	Permissive Minimum Lot Area of Design Development Procedure
	"R-1"	20,000 square feet	13,000 square feet
	"R-2"	14,000 square feet	9,000 square feet

Frontage Requirements. No minimum frontage should be required under the planned unit residential development procedure and the frontage requirements required in the Subdivision Regulations of the City of Weston (Chapter 410 of this Code) should not be applied.

Parking Regulations. Under no circumstances should the parking requirements under this planned unit residential development procedure be less than that of the applicable residential zone district as provided in Article IV, Section 405.260 of this Chapter, and parking for any schools, churches, recreation areas should be provided in accordance with Article IV, Section 405.260 of this Chapter.

Procedure. The owner or owners of a tract of land seeking to avail themselves of the provisions of this Section should submit the development plan for the use and development of the tract of land in accordance with the provisions of this Section to the Board of Aldermen who should refer the matter to the Planning and Zoning Commission for study. That development plan should include at least the following:

A site plan defining the area to be developed for buildings, the areas and/or structures to be developed for common use, the areas and/or structures to be developed for parking, the location of pedestrian and vehicular circulation and the point of ingress and egress, including access streets where required, and adjustments to be made in relation to abutting land uses and zoning districts.

Applications for approval of subdivisions designed in accordance with the provisions of this Section should be identified as planned unit residential development subdivisions and should include an outboundary survey of the property, a statement certified by a registered engineer setting forth the total area, the available gross area, the maximum number of lots allowable, the total number of lots in the proposed development, the minimum lot area and the total area of common land, if any. The subdivision should be processed in the same manner as any other subdivision as required by the subdivision regulations of the City of Weston.

A statement of financial responsibility to insure construction of the planned design development, including landscaping, in accordance with the plans and requirements of this Section.

Applications for approval of subdivisions designed in accordance with the provisions of this Section should be accompanied by all of the necessary legal documentation relating to the conveyance of common areas as hereinafter provided in this Section.

Common Land. In a subdivision containing ten (10) or more lots, common land containing one (1) acre or more in area for open space or recreational use may be set aside for common use by all the owners of residential lots in the subdivision and such common land may be included in the total gross acreage used for determining the average lot size of the total lots created in such subdivision. Only the following land uses may be set aside as common land for open space or recreational use as here and above provided:

Playlot, neighborhood parklands and recreation sites.

Private recreational facilities, such as golf courses or swimming pools, which are limited to the use of the owners or occupants of the lots located within the subdivision.

Historic building sites or historical sites, parks or parkway areas, ornamental areas, extensive areas with tree cover, lowland along streams, with rough terrain, when such areas are extensive and have natural features worthy of preservation.

Conveyance Of Common Areas. All open space, tree cover, recreational area, scenic vista or other authorized land use, the acreage of which is utilized to determine the common land as herein provided, should be conveyed by the subdivider in fee simply absolute title by a warranty deed to the subdivision trustees. The subdivision trustees should make provision by trust indenture for the sole benefit, use and enjoyment in perpetuity of the lot owners, present or future, of each subdivision authorized hereunder. The rights of the joint tenants should only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance of change of ownership of any lot should convey with it ownership in the common property. No lot owner should have the right to convey his/her interest in the common property, except as an incident to the ownership of a regularly platted lot. The sale of any lot should carry with it all the incidents of ownership of the common property, although such is not expressly mentioned in the deed; provided however, that no right or power conferred upon the subdivision trustees should be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions should have attached thereto a written legal opinion, prepared and signed by an attorney licensed to practice law in the State of Missouri setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures should be approved by the Planning and Zoning Commission, approved by the City Attorney as to legal form and filed with the Recorder of Deeds of Platte County, simultaneously with the recording of the final subdivision plat.

Conditions Of Approval. The proposed development plan, together with the required statements and supplementary information, should be studied by the Planning and Zoning Commission and reports stating approval or disapproval therefor should be made to the Board of Aldermen for its consideration. Any report from the Planning and Zoning Commission approving any proposed development plan should contain findings relating to the following specific conditions:

Such development plan should be laid out and developed as a unit in accordance with an integrated overall design.

The location and arrangement of building or buildings, parking areas, walks, lighting and appurtenant facilities should be adjusted to the surrounding land uses and any part of the site not used for buildings or other structures, or for parking, or for roads or accessways, or for recreation purposes should be landscaped with grass, trees and shrubs.

No signs or displays or advertising of merchandise for sale or services should be visible from outside of the building or in the open area.

Reasonable additional requirements as to landscaping, lighting, screening, accessways and building setbacks may be imposed by the Planning and Zoning Commission for the protection of adjacent residential property.

The Planning and Zoning Commission should determine that the proposed development plan is consistent with good planning practice, consistent with good site planning, can be operated in a manner that is not detrimental to permitted uses in the surrounding area and is designed to promote the general welfare of the City of Weston.

Section 405.280 Planned Unit Residential Development — Type B.

[Ord. No. 9.004 Art. X §5, 2-22-1972]

The purpose and intent of the procedure under this Section is to promote mixed residential densities and house types through introduction and implementation of imaginative site planning and cluster development concepts. This Section should provide alternative zoning procedures for "R-1", "R-2" and "R-3" Dwelling Districts in order to permit an incentive to intermix house types and densities under conditions of approved development plans.

The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the Board of Aldermen a development plan for the use and development of all of such tracts of land for multiple-use purposes as specified hereinafter. Such development plan should be referred to the Planning and Zoning Commission for study and report and for public hearing.

If the Planning and Zoning Commission approves the development plan, it should then be approved by the Board of Aldermen after public hearing and fifteen (15) days' notice, giving time and place and purpose, in a newspaper circulated in Weston, and zoning certificates, building permits and certificates of occupancy issued therefor, even though the use of land and the use and location of structures do not conform to all of the regulations contained in other Sections of this Chapter. Such development plan should not be approved except under the following conditions:

Under the development plan, the property adjacent to the area included in the plan is properly safeguarded.

Said plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.

Such development should consist of a mix of one-family residences, two-family residences and/or multiple-family residences and the usual accessory uses such as garages and storage. Also, community buildings may be permitted which may be used for recreation, meetings or community dining space when not operated for profit.

The minimum distribution of the acreage site should be divided three-fifths (3/5) in one-family dwellings and two-fifths (2/5) in multiple-family dwellings. The minimum average lot area for the one-family lot should be controlled by the particular provision of the zone district to which this planned unit residential development procedure is applied. The minimum average lot per multiple-family dwelling unit should conform to Article III, Section 405.120.

The percentage of lot coverage by buildings, including accessory buildings, should be not more than sixty percent (60%) of the area of the lot.

At least three hundred (300) square feet per family unit be set aside and maintained for playground recreation areas. The developer should give assurances that the project will be used for the specified purposes and the Board of Aldermen may require a trust indenture restricting the area to such uses.

Section 405.285 Agricultural Tourism.

[Ord. No. 9.086 §1, 7-14-2014]

Agricultural (Agri-) Tourism activities may be allowed as a special use in the "A-1" Agricultural District. The following requirements shall be considered the minimum required for such approval:

Purpose. It is the purpose of this Section to do the following:

To provide standard definitions related to agricultural tourism businesses.

To provide a list of uses requiring approval of a special use permit under an agricultural tourism business.

To provide a clear understanding of the expectations for an agricultural tourism business for operators, local residents, other businesses and local officials.

Definitions.

AGRICULTURAL (AGRI-) TOURISM

A business activity in which agriculture uses, rural lifestyle, the natural environment or local historical significance is to be used as a primary component for tourism activity. Also known as "rural tourism."

FARM-RELATED ENTERTAINMENT

Uses that are related to agricultural uses and provide a form of entertainment. Such forms of entertainment may include tours, hayrides, barn dances and horse riding.

Applicability.

Agri-tourism uses. The following agri-tourism uses shall be allowed by approval of a special use permit, in accordance with the provisions of Article IV, Section 405.240, on a minimum of ten (10) acres in the "A-1" (Agricultural) zoning districts:

(1)

Seasonal u-pick operations such as pumpkin farms, Christmas tree farms, orchards, vineyards, vegetable gardens, berry patches, pecan groves, etc.

(2)

Seasonal outdoor mazes of agricultural origin such as corn or straw bales.

(3)

Educational tours.

(4)

Petting farms, animal displays and pony rides.

(5)

Wineries.

(6)

Cheese kitchens.

(7)

Wagon, sleigh and hayrides.

(8)

Nature trails.

(9)

Historical agricultural exhibits.

(10)

Open air or covered picnic area with restrooms.

(11)

Food sales of any agricultural product (farm-fresh eggs, produce, fruits, etc.) primarily grown and produced on site.

(12)

Kitchen facilities for the processing/cooking of items containing products or produce primarily grown on site for sale.

(13)

Bakeries producing baked goods containing produce primarily grown on site.

(14)

Retail sale of baked goods containing agricultural products/produce/fruits primarily grown on site.

(15)

Winery/tasting room, in conjunction with on site viticulture on a tract of fifteen (15) acres or greater.

(16)

Wineries, cider mills, etc. selling product on site derived from crops primarily grown on site.

(17)

Educational classes, lectures or seminars.

(18)

Family-oriented entertainment (e.g., fun houses, haunted houses, and inflatable bounce houses).

[Ord. No. 9.102, 10-10-2017]

(19)

Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides).

(20)

Organized meeting space for use by weddings, parties and corporate events.

(21)

Gift shops for the sale of agricultural products and agriculturally related products.

(22)

Gift shops for the sale of crafts or other non-agricultural items related to products produced in agricultural areas.

(23)

Hunting clubs.

(24)

Campground consisting of tents and cabins only.

(25)

Facilities dedicated to the use of non-motorized recreational operations such as biking, kayaking or canoeing, horseback riding, etc.

(26)

Farm-to-table dinners.

(27)

Recreational, non-motorized boats.

(28)

Fishing for fee.

Agri-tourism uses approved by special use permit may be augmented by such additional requirements as a condition for approval as are deemed necessary to protect the public health, safety and general welfare. All special use permits will contain a condition for review of the special use permit if the intensity of the approved special use increases to such a level that the public health, safety and general welfare is affected as determined by the Planning and Zoning Director or the Planning and Zoning Commission.

Hours of operation. Applicants shall provide seasonal estimated hours of operation for their proposed agri-tourism uses. The Planning and Zoning Commission may augment said hours of operation.

Parking. All agri-tourism uses shall have adequate parking areas sized to accommodate all customer and employee vehicles. Additional parking requirements shall include the following:

(1)

For agri-tourism uses, one (1) parking space for each two hundred fifty (250) square feet of retail area and one (1) parking space for every five thousand (5,000) square feet of outdoor related activities such as agricultural mazes, petting farms, outdoor play equipment, etc., shall be required.

(2)

For agri-tourism uses, parking areas shall be located on either a gravel or paved surface as determined by the Planning and Zoning Director or his/her duly designated alternate, based on applicant estimates for seasonal parking and the intensity of the proposed use. Parking areas and surface type shall be designated on the special use permit site development plan. Overflow parking areas may be required to accommodate seasonal peak demand. Overflow parking areas shall be designated on the special use permit site development plan and may consist of a minimum of a grass surface.

(3)

For agri-tourism uses accommodating bus or school tours, dedicated bus dropoff/pickup area as well as a dedicated bus parking area shall be designated on the special use permit site development plan. The bus dropoff/pickup area and bus parking area shall consist of a minimum of a gravel surface.

(4)

All parking areas shall be located in such a manner to allow for safe internal site circulation and to avoid traffic hazards associated with entering and exiting the public roadway.

(5)

All parking areas shall meet all design, landscaping and screening and setback requirements set forth in the City of Weston Zoning Code.

Location and access roads. The road surface of an access road serving all agri-tourism uses shall be a minimum of a gravel surface maintained by a public road entity.

Buffer zones/setbacks.All agri-tourism uses shall have buffer zone requirements providing a minimum of five hundred (500) feet (more if possible) from the area of permit to properties containing zoned residential dwelling(s) or other sensitive land uses at the time of application. In addition, any buildings constructed shall conform to the setback requirements of the district in which the agri-tourism use is located. Exceptions to the five-hundred-foot buffer requirement will be considered on a case by case basis during the Planning and Zoning Commission approval process.

[Ord. No. 9.102, 10-10-2017]

Signage. All signs shall conform to the City of Weston Sign Regulations, Chapter 420. Seasonal signs may be erected for a limited period during the year when retailing activities for a particular farm product is available to the public.

Noise restrictions. No outdoor amplified noise will be permitted beyond 11:00 P.M. Central Standard Time.

The above requirements shall be considered the minimum required for such approval. Agri-tourism uses approved by special use permit may be augmented by such additional requirements as a condition for approval as are deemed necessary to protect the public health, safety and general welfare.

Applications for Agri-Tourism Special Use Exceptions shall require a site plan that includes topography of the property submitted with the application.

[Ord. No. 9.102, 10-10-2017]

Section 405.290 Mobile Home Trailer Park Subdivision Design Development Procedure.

[Ord. No. 9.004 Art. X §6, 2-22-1972]

General. The purpose of this Section is to provide zoning procedure in the "R-5" District in order to permit flexibility in uses and design under conditions of approved design standards and site development plans which conform to Section 410.060(I) of Chapter 410 Weston Subdivision Regulations.

Permitted Uses. Mobile home trailer park subdivisions limited to use as one-family dwellings.

Site Standards.

Minimum site size. Every mobile home park subdivision should be platted on not less than eight (8) acres of land.

Minimum lot size. An area of not less than five thousand (5,000) square feet within any subdivision.

Yard areas. No mobile home should be placed upon a subdivision lot unless the following yards are provided and maintained in connection with such mobile home dwellings.

Front yard. Each lot upon which a mobile home dwelling is placed should have a front yard of not less than twenty (20) feet.

Side yard. On each lot upon which a mobile home dwelling is placed, there should be a side yard on each side of not less than fifteen (15) feet. The side yards for the corner lots should be not less than twenty (20) feet.

Rear yard. Every lot upon which a mobile home dwelling is placed should have a rear yard of not less than twenty (20) feet.

Height. No building, structure or mobile home should exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Dwelling standard. Every mobile home dwelling hereafter placed upon a subdivision lot should have a total ground area of not less than five hundred (500) square feet, measured from the outside of exterior walls, including utility rooms, but excluding open porches, breezeways and garages.

Percentage of lot coverage. Every mobile home dwelling, including accessory buildings, garages and porches, should not cover more than fifty percent (50%) of each subdivision lot.

Percentage of park subdivision improved prior to use. As specified in Section 410.060(I)(4) of the Weston Subdivision Regulations.

Screen planting. As specified in Section 410.060(I)(5) of the Weston Subdivision Regulations.

Off-street parking facilities. Two (2) parking spaces for each mobile home dwelling lot should be provided.

Minimum yard area for motor vehicle parking. No motor vehicle parked on the mobile home lot should be parked closer than three (3) feet from the mobile home nor closer than ten (10) feet from an adjoining mobile home.

10.

Public utilities (including liquified petroleum gas, fuel oil and natural gas). As specified in Section 410.070(O)(6) of the Weston Subdivision Regulations.

Permanent Facilities And Resident Services. As specified in Section 410.070(O) of the Weston Subdivision Regulations.

Standards For Operation.

Register of occupants. It should be the duty of each licensee and permittee to keep a register containing a record of all mobile home owners and occupants located within the park. The register should contain the following information:

The name and address of each mobile home occupant.

The name and address of each owner of each mobile home and motor vehicle by which it is towed.

The make, model, year and license number of each mobile home and motor vehicle.

The State, territory or country issuing such licenses.

The date of arrival and of departure of each mobile home.

The mobile home park subdivision should keep the register available for inspection at all times by Law Enforcement Officers, public health officials and other officials whose duties necessitate the acquisition of the information contained in the register. The register record for each occupant registered therein shall not be destroyed for a period of three (3) years following the date of departure of the registrant from the park subdivision.

Supervision. The licensee or permittee or duly authorized attendant or caretaker should be in charge at all times to keep the mobile home park subdivision, its facilities and equipment in a clean, orderly and satisfactory condition. The attendant or caretaker should be answerable with the licensee or permittee for the violation of any provision of this Chapter to which the licensee or permittee is subject.

Revocation of license. The Missouri Division of Health may revoke any license to maintain and operate a subdivision park as required in Section 410.050(B)(6)(u) of the Weston Subdivision Regulations when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this Chapter. After such conviction, the license may be reissued if the circumstances leading to the conviction have been remedied and the park is maintained and operated in full compliance with the law.

Exception. Nothing in this Chapter should be construed to prohibit the storage of any trailer for any length of time when said mobile home is not used for living or sleeping purposes.

Posting of license and temporary permit. The health license certificate, certificate of occupancy and building permit shall be conspicuously posted in the office of or on the premises of the mobile home park subdivision at all times.

Administration Procedures. The divisions and allocation of land hereafter for the location and expansion of both proposed and existing mobile home trailer park subdivisions should be governed by Section 410.010(C) of the Weston Subdivision Regulations.

Conditions Of Approval. The proposed site development plan for a mobile home trailer park subdivision should be studied by the Mayor and the Weston Planning and Zoning Commission and must be found to conform to:

The specified minimum site standards,

The requirements for utilities, permanent facilities and resident services, and

The minimum design and development standards as specified in Section 410.060(I) of the Weston Subdivision Regulations.

The Weston Planning and Zoning Commission should make a determination that the proposed site development plan meets all of the pre-conditions and design standards prior to the issuance of a building permit by the Mayor.

Section 405.300 Bed and Breakfast Facilities.

[Ord. No. 9.019 §3(F), 8-12-1985; Ord. No. 9.019.1 §2, 7-10-1995; Ord. No. 9.019.2 §1, 3-10-1997; Ord. No. 9.019.3 §1, 1-17-2001; Ord. No. 9.092 §1, 7-13-2015]

The purpose of this Section is to provide zoning and occupancy procedures in all zoning districts for bed and breakfast facilities. Bed and breakfast facilities shall be approved in zoning districts by special use exception only. The following guidelines are in effect in the issuance of such special use exceptions before the Planning and Zoning Commission and the Board of Aldermen:

Does the proposed project substantially increase traffic hazard or congestion?

Does the proposed project adversely affect the character of the neighborhood?

Does the proposed project substantially increase fire hazards?

Does the proposed project adversely affect the general welfare of the community?

Does the proposed project overtax public utilities?

Is the proposed project in conflict with the City's Comprehensive Plan?

All bed and breakfast facility shall comply with the following regulations:

There are to be two (2) exits for each guest room; either two (2) doorways or a door and a window fire escape with exit markers displayed.

There shall be a smoke detector in each guest room plus one (1) in the kitchen area and one (1) on each level with fire extinguishers as required by the City Engineer.

There shall be no more than four (4) designated guest rooms in any bed and breakfast facility.

One (1) sign per bed and breakfast facility to be approved by the Weston Historic Preservation Commission and is flush with the structure and no larger than the historic plaques in the downtown area, unless otherwise approved by the Weston Historic Preservation Commission.

The bed and breakfast facility must be operated by the primary owner of record except that in the "H-1" Historic District; "C-2-A" Local Retail Business District; and "C-1" Central Business District as defined by the general zoning ordinance of the City of Weston, the bed and breakfast may be operated by a manager who resides in the bed and breakfast facility.

(Reserved)

The bed and breakfast facility is to provide adequate off-street parking for its guests (see Section 405.240, Special Use Exceptions).

All bed and breakfast facilities shall be operated under the following guidelines.

[Ord. No. 9.106, 6-11-2018]

Once issued, a special use permit will automatically expire if the property is not actually used as a bed and breakfast facility within a year of the granting of the special use permit. However, if substantial reconstruction work is necessary, an extension may be granted upon written request to the City Planning and Zoning Commission.

The owners and operators of bed and breakfast facilities must have a valid City business license with the license renewed annually by the Board of Aldermen.

The special use exception shall run with the land and the ownership of the bed and breakfast facility may be transferable so long as all owners and occupiers of the facility comply with the laws, rules and regulations of this Chapter and of the laws of the State of Missouri and the City of Weston.

The owner of the fee simple title to the real estate upon which the bed and breakfast is located must reside in the bed and breakfast facility; except that in the "H-1" Historic District; "C-2-A" Retail Business District; "C-1" Central Business District; and "I-1" Light Industrial District as defined by the general Zoning Ordinance of the City of Weston, the owner of the fee simple title to the real estate upon which the bed and breakfast is located need not reside in the bed and breakfast facility provided a manager of the bed and breakfast facility resides in the bed and breakfast facility.

The facility must be open to regular inspections by the City for compliance with fire, health and safety regulations.

No liquor license will be issued to any bed and breakfast facilities in residential districts.

Under no circumstances shall a Bed and Breakfast Facility be allowed to rent to a transient guest for less than thirty-one (31) days without meeting all requirements under this Section.

Section 405.303 Transient Guest Rentals.

[Ord. No. 9.107, 6-11-2018]

The rental of a Residential Dwelling to a transient guest for less than thirty-one (31) days is not allowed in any Zoning District where a residential dwelling is permitted.

Renting to a transient guest for less than thirty-one (31) days is not permitted in any Zoning District without the residential dwelling being approved as a Special Use Exception under the Bed and Breakfast requirements and meeting all requirements under City of Weston Code Section 405.300, Bed and Breakfast Facilities.

Renting to a transient guest for less than thirty-one (31) days is permitted in an approved Lodging establishment as defined by Section 315.005, RSMo.

Section 405.305 Sea-Land Cargo/Shipping Container.

[Ord. No. 9.100, 3-20-2017]

The purpose of this Section is to provide procedures for allowing Sea-Land Cargo/Shipping Containers. Sea-Land Cargo/Shipping Containers shall be approved in "A-1" Agricultural District, "C-2" Local-Highway Business District, and "I-1" Light Industrial District by Special Use Exception only. All Sea-Land Cargo/Shipping Containers shall comply with the following regulations:

Must include a foundation plan and details meeting the following regulations:

Placed on even grade, not sloping more than one-fourth (1/4) inch per foot without a supporting foundation system.

Grade is level with suitable material for supporting such containers (gravel, concrete, etc.)

Elevations with dimensions are recommended when Planning and Zoning regulations require transparency, building articulations or other architectural design features.

Hazardous Material Placards shall be displayed on the door and side of the container if such materials are stored in the container. A Material Safety Data Sheet (MSDS) shall be on file with the property owner and easily accessible to Emergency Responders (Fire and Police Department).

Applicant must give a plan for any electrical hook-up to the container, with a maximum of one hundred ten (110) volts. There shall be a disconnect for the electrical service with a label as to the disconnection method. No water, sewer or gas utilities shall be supplied to a Sea-Land Cargo/Shipping Container.

No wheeled trailers are permitted for use as storage containers.

Shall be used for storage only, not as an accessary building.

Sea-Land Cargo/Shipping Containers shall not be allowed on a vacant lot.

Sea-Land Cargo/Shipping Containers shall not exceed the following sizes:

Twenty (20) feet in length in "A-1" Agriculture and "I-1" Light Industrial Zoned Districts and fifty-three (53) feet in length in "C-2" Highway Business District.

Ten (10) feet in height and shall not be higher than the adjacent building.

Eight (8) feet in width.

Sea-Land Cargo/Shipping Containers shall not be visible to the public. The "plan of landscape development that is to be submitted with the application" shall indicate the method of screening to be used and the proposed color coordination. Some methods of screening could be:

Decorative fencing.

Shrubs.

Painted a coordinating color.

The stacking of Sea-Land Cargo/Shipping Containers is prohibited.

10.

The number of Sea-Land Cargo/Shipping Containers permitted shall be based on lot size and available empty space; with no more than ten (10) containers allowed on any one (1) lot; and in no event shall the combined total of all buildings, including accessory buildings and containers, exceed forty percent (40%) of the square footage of the lot.

Section 405.310 Regulation of Communication Towers.

[Ord. No. 9.046 §3, 10-9-2000]

Definitions. As used in this Section of this Article, the following terms shall have the meanings indicated.

ACT

The Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996 and shall include any re amendments thereto.

ALTERNATIVE TOWER STRUCTURE

Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas.

ANTENNA

Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as ships but not including satellite earth stations.

ANTENNA HEIGHT

The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

APPLICANT(S)

The owners of the property upon which the tower is located. In the event that the tower or antenna is placed on leased property, then the applicant shall be the lessor of the applicable property.

CO-LOCATION

Locating wireless communications equipment from more than one (1) provider at a communications facility.

COMMUNICATIONS FACILITY

A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequencies signals. Communications facilities include structures, fences, antennas or towers and accessory buildings.

COUNTY

City of Weston, Platte County, Missouri.

ENFORCEMENT OFFICER

The Public Works Superintendent of the City of Weston, Missouri.

FAA

The Federal Aviation Administration.

FALL ZONE

The area within which a tower or antenna might cause damage to persons or property should the tower or antenna be knocked or blown over or fall on its own.

FCC

The Federal Communications Commission.

GOVERNING AUTHORITY

Unless otherwise noted in the Section, this shall refer to the City of Weston Board of Aldermen.

GUYED TOWER

A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

LATTICE TOWER

A guyed or self-supporting three- or four-sided, open, steel frame structure used to support telecommunications equipment.

MONOPOLE TOWER (ALSO KNOWN AS "SELF-SUPPORT TOWER")

A communication tower consisting of a single pole constructed without guy wires and ground anchors.

PERMIT OR SPECIAL USE PERMIT

The rights and obligations extended by the governing authority to a party to own, construct, maintain and operate its system within the boundaries of the County for the sole purpose of providing services to persons or areas inside and outside the County.

PUBLIC PROPERTY

Any real property, easement, right-of-way, air space or other interest in real estate, including a street, owned or controlled by the County or any other governmental unit.

RECEIVE-ONLY ANTENNA

An antenna under seventy (70) feet in height, privately owned and operated (including privately owned satellite dishes).

REPEATER

A low power mobile radio service telecommunications facility that extends coverage of a cell to areas not covered by the originating cell.

SELF-SUPPORT TOWER

A communication tower that is constructed without guyed wires and ground anchors (examples include lattice and monopole towers).

TELECOMMUNICATIONS

The transmission, between or among points as specified by the user of information of the user's choosing, without a change in the form or content of the information as sent and received.

TOWER OR COMMUNICATION TOWER

Any structure that is designed and constructed for the primary purpose of supporting one (1) or more antennas, including lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one (1) or more antennas, despite the fact that such structure may currently, or in the future, actually support one (1) or more antennas.

Applicability.

[Ord. No. 9.108, 6-11-2018]

District Height Limitations. The requirements set forth in this Section shall govern the location of towers, alternative tower structures and antennas and all matters related thereto that are installed in all zoning districts in which they are permitted. Towers may be permitted by special use exception only. Antennas are permitted on existing structures in all zoning districts, provided that they meet the requirements of this Section. The height limitations applicable to buildings and other structures shall not apply to towers and antennas. Towers shall not exceed the existing height of any landmark in an open area.

Pre-Existing Tower And Antennas. Any tower or antenna for which a special use exception has been properly issued prior to the effective date of this Section shall not be required to meet the requirements of this Section other than the current applicable requirements imposed by the Federal Government, except to the extent the prior special use exception is conditioned by the City of Weston. Notwithstanding the foregoing, the existence of a pre-existing special use exception for a tower or antenna shall not obligate the City of Weston to renew any such permit. Any such towers or antennas shall be referred to in this Section as "pre-existing towers" or "pre-existing antennas".

Public Property And Rights-Of-Way. Antennas, towers and associated equipment located on property owned, leased or otherwise controlled by the governing authority, including rights-of-way, shall comply with the requirements of this Section, in addition to the requirement that a license, lease, or agreement authorizing such antenna or tower must have been approved by the governing authority.

Amateur Radio Receive-Only Antennas. This Section shall not govern any tower or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Section shall be applicable to all Wireless Communications Facilities existing or installed, built, or modified after the effective date of this Section to the fullest extend permitted by law. No provision of this Section shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law, and furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Section is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.

General Guidelines And Requirements.

[Ord. No. 9.108, 6-11-2018]

Purpose And Goals. The purpose of this Section is to establish general guidelines for the location of towers and antennas for commercial wireless telecommunications. The goals of this Section are the following:

To minimize the location of towers in non-residential areas and the total number of towers in the City of Weston.

To require the joint use of new and existing communications facilities.

To encourage applicants to locate towers and antennas, to the extent possible, in areas where the adverse impact on the City of Weston (including, but not limited to, adverse effects related to aesthetics and safety) will be minimal.

To require applicants to construct and configure towers and antennas in such a way as to minimize the adverse visual impact upon onlookers.

To enhance the ability of the providers of telecommunication services to provide such services in the City of Weston effectively and efficiently.

To prohibit the location of towers in areas zoned historical or residential, as well as land designated as a State of Missouri park.

Penalties. This Section shall be in full force and effect upon its enactment and approval and any person or party found to be in violation of any of the provisions of this Section may be subject to any one (1) or more of the following penalties (as well as specific penalties provided for in other Subsections of this Section):

Fines as permitted by State Law;

Non-renewal of any special use exception;

Termination of any permit;

Any and all other penalties provided for in ordinances of the City of Weston.

Principal Or Accessory Use. Antennas and towers may serve either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with the applicable development regulations, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimension of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this Chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.

Inventory Of Existing Communication Facilities. Each applicant for an antenna and/or tower permit shall provide to the Superintendent of Public Works (in sworn or affidavit form) a complete listing of all communication facilities, towers and antennas, existing and proposed, within a three (3) mile radius of the proposed tower or antenna. This information shall be used to determine whether other suitable communication facilities exist aside from that proposed and to judge the necessity of the application.

Co-Location. Each applicant agrees to cooperate with the City and other applicant's hereafter by designing towers such that other users may co-locate upon the same tower. Specifically, any tower constructed shall, unless otherwise permitted by the City of Weston, have at least three (3) times the capacity of its initial use in order that secondary users might lease the balance of the tower. No tower shall be permitted with capacity for only one (1) user. Applicants must offer to lease space in good faith and at a fair market rate. Any tower owner operating under a special use exception who does not offer to lease out extra space at a fair market rate may be subject to either revocation or non-renewal of that special use exception. Each applicant shall notify the Superintendent of Public Works, in writing, of the name, address, telefax and telephone number of any and all co-users of a tower or antenna. In the event that co-location is found to be not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Superintendent of Public Works. The City of Weston may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The town may deny a special use exception to an applicant that has not demonstrated a good faith effort to provide for co-location.

Federal Requirements. All towers shall meet or exceed the current standards and regulations of the FAA, the FCC and any other agency of the Federal or State Government with the authority to regulate towers and antennas and the construction and specifications thereof. If such standards and regulations are changed, then the tower and antenna owners governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulation, unless a more stringent compliance schedule is mandated by the controlling Federal or State agency. Failure to timely bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antennas at the owner's expense and/or grounds to terminate or not renew an owner's special use exception.

Inspection. At least every twenty-four (24) months, every tower shall be inspected at the owner's expense by a structural engineer registered and/or licensed in and by the State of Missouri who is regularly involved in the maintenance, inspection and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronics Industries Association ("EIA") Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures," as such standard may from time to time be amended. A copy of such inspection record shall be provided to the Enforcement Officer.

Building Codes/Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable then-current standards for towers that are published by the Electronic Industries Association, the American Institute of Steel Construction, the American Concrete Institution, the American Welding Society, the American Iron and Steel Institute, the FAA and the National Fire Protection Agency. To this end, prior to the initial issuance or the renewal of any permit, the tower shall be certified by a professional engineer licensed and/or registered by the State of Missouri and knowledgeable in the design and/or analysis of towers as being safe and meeting all applicable codes and standards. If upon inspection the City of Weston concludes that a tower fails to comply with such codes and standards and constitutes a danger to person or property, then upon written notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower in compliance within thirty (30) days, the City of Weston may terminate that owner's special use permit, cause that owner's permit to not be renewed and/or order or cause the removal of such tower (at owner's expense).

Disturbances. In case of any disturbances to a street or other public property during the course of constructing or maintaining its tower or antenna and accessory structures, the applicant shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or other public property disturbed in as good or better condition as before the disturbance in accordance with applicable Federal, State and local laws, rules, regulations or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the Enforcement Officer as being weakened or damaged as a result of a cut or other invasion of the pavement of a street or other public property. Failure to comply with the provisions of this Subsection shall constitute cause for the suspension, revocation or non-renewal of the applicable tower.

10.

Security Fencing. All towers and antennas shall be protected from unauthorized access by appropriate security measures. A description of the proposed security measures shall be provided as part of any application to install, build or modify towers or antennas. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Planning and Zoning Commission or their designees and the Board of Aldermen in the case of a Special Use Permit. Towers, antennas, and any appurtenances shall be safely maintained and fenced or otherwise secured to prevent unauthorized access or climbing. Barbed, electrified or razor wire is prohibited.

11.

Accessory Equipment Storage. Mobile or immobile equipment not used in direct support of a communication facility shall not be stored or parked on the communication facility, unless repairs to the tower are then currently in progress.

12.

Setbacks And Separation. The following requirement shall apply to all towers and antennas, provided, however, that the City of Weston may change the standard setback and separation requirements if the goals of this Section would be better served thereby:

Towers must be set back from any residential structure a distance equal to the height of the tower plus fifty (50) feet.

Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.

13.

Aesthetics. The following guidelines shall govern the aesthetics and artificial lighting of all towers and antennas, provided, however, that the City of Weston may waive these requirements where it is determined that the goals of this Section would be better served thereby:

Lighting.

(1)

Towers shall be artificially illuminated if required by the FAA or other applicable authority or the City of Weston. If artificial lighting is required, the lighting design and intensity chosen should be that which complies with the applicable guidelines, yet causes the least disturbance to the surrounding and nearby properties.

(2)

Security lighting or motion-activated lighting may be used around the base of a tower and within the communication facility, provided that the lighting is shielding in such a way that no light is directed towards adjacent properties or rights-of-way.

Color And Design.

(1)

If feasible, personal wireless service shall be located on existing structures, including, but not limited to, buildings, water towers, existing telecommunication facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing structures as sites for one (1) or more personal wireless service facilities. The applicant shall have the burden of proving that there are not feasible existing structures upon which to locate.

(2)

Towers shall be camouflaged to the greatest extent possible, including, but not limited to, use of compatible building materials and colors, screening, landscaping and placement within trees.

(3)

Towers shall be maintained with a galvanized steel finish or subject to any applicable FAA standards, be painted a neutral color so that visual obtrusiveness is minimized.

(4)

The design of buildings and related structures within a communication facility shall, to the extent possible, utilize building materials, colors, screening and landscaping that will camouflage and blend the tower and related facilities into the natural setting and/or surrounding environment.

(5)

If an antenna is to be attached to a supporting structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color closely compatible with the color of the supporting structure so that the antenna, supporting equipment and communication facility in general are as visually unobtrusive as possible.

(6)

Every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways, the historic district and scenic landscape.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required, provided, however, that the City of Weston may waive such requirements if it determines that the goals of the Section would be better served thereby.

(1)

Communication facilities shall be enclosed within a wooden fence.

(2)

Existing mature tree growth and natural land forms on or surrounding the communication facility shall be preserved to the maximum extent possible. In some cases, such as for towers situated on large wooded lots, natural growth around the property perimeter may be a sufficient buffer. In such cases, the requirements listed above in the preceding Subsection thereof may be waived.

(3)

In locations where the visual impact of a communication facility would be minimal (e.g., in otherwise undeveloped areas), the landscaping requirements may be reduced or waived as the City of Weston sees fit. However, if at a later date the City of Weston finds that a change of circumstances has occurred, it may then choose to enforce the landscaping requirements as needed.

Administrative Approvals.

[Ord. No. 9.108, 6-11-2018]

In General.

The Planning and Zoning Commission may administratively approve the uses listed in this Section, provided that all such uses shall comply with all applicable Subsections of this Section and all other applicable ordinances.

Each applicant seeking approval shall apply to the Planning and Zoning Commission and provide such information as he or she may require to issue a special administrative permit.

If an application for approval is denied, that decision may be appealed in accordance with the provisions of this Chapter concerning appeals of administrative decisions.

Change Of Ownership Notification. Upon the transfer of ownership of any tower, alternative tower structure or lot upon which such a structure has been erected, the tower permittee shall notify the City Clerk of the City of Weston of the transaction, in writing, within thirty (30) days of the date of the transfer of ownership.

Life Of Permits.

Permit Review. A use permit or administrative approval granted pursuant to this Section authorizing establishment of a telecommunication facility shall be reviewed every two (2) years. Costs associated with the review process shall be borne by the telecommunication facility owner/provider. Grounds for revocation of the conditional use permit shall be limited to one (1) of the following findings:

(1)

The use involved is no longer allowed in the applicable zoning district;

(2)

The facility fails to comply with the relevant requirements of this Section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Planning and Zoning Commission that the facility will be brought into compliance within one hundred twenty (120) days;

(3)

The permittee has failed to comply with the conditions of approval imposed;

(4)

The facility has not been properly maintained;

(5)

The facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extend permitted by the technology that exists at the time of renewal and is consistent with the provisions of universal service at affordable rates. The grounds for appeal of denial of a renewal shall be limited to a showing that one (1) or more of the situations listed above does in fact exist.

Expiration. If a use permit or other entitlement for use is not renewed, it shall become null and void upon notice and hearing by the Planning and Zoning Commission five (5) years after it is issued or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued, within one hundred twenty (120) days thereafter all improvements installed including their foundations down to three (3) feet below ground surface shall be removed from the property and the site restored to its natural pre-construction state within one hundred eighty (180) days of non-renewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condition unless the property owner establishes to the satisfaction of the Planning and Zoning Commission that these sections of road are necessary to serve some other allowed use of the property that is permitted or is currently present or to provide access to adjoining parcels.

Specific Administratively Approved Uses. The following uses may be approved by the Planning and Zoning Commission following an administrative review:

Installing an antenna on an existing structure, which does not already have an existing antenna, (such as a building, sign, light pole, water tower or other freestanding non-residential structure), so long as such addition does not add more than twenty (20) feet to the height of the existing structure. The term "existing structure" as used in this Section and as it relates to the regulation of telecommunications facilities in general shall mean any structure capable of supporting antennas and small wireless facilities (other than a tower) in full conformance with the design and other requirements of this Section, and is: (1) existing prior to the date of all applicable permit applications seeking City authorization for installation of facilities thereon, and (2) not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure.

Installation of an antenna on an existing tower of any height (including a pre-existing tower) and the placement of additional buildings or other supporting equipment used in connection with such additional antenna, so long as the proposed additions would add no more than twenty (20) feet to the height of the existing tower and would cause no more than a twenty-five percent (25%) increase in the square footage occupied by the communication facility.

Small wireless facilities may be approved in any district and location otherwise permitted for wireless facilities under the following process and requirements.

(1)

A small wireless facility may be approved administratively by submission of an application including showing specifications, dimensions, photos, or drawings of completed installation, and property owner consent ("Owner Consent"). Owner Consent shall minimally include: (1) written consent by all fee simple owners of the underlying real estate (or where located in street right-of-way, the right-of-way owner thereof), including when the proposed location is also in a utility easement, and (2) written consent of the owner of the structure on which such facility is to be placed. The applicant is responsible also to obtain and include the written consent of any other real property interest owner that is required to lawfully use that location for the proposed use. A fully complying small wireless facility may be exempted from the general requirements of this Section relating to parking/access, setback, and screening set forth in this Section unless determined by the Planning and Zoning Commission as applicable to the specific location. Provided the applications are complete and address the requirements of this Section, the Planning and Zoning Commission shall endeavor to expedite these approvals and may combine multiple applications/locations at one (1) time in a single approval if they determine that the applications are materially similar.

(2)

In addition to all other applicable requirements, when a small wireless facility is located on a utility pole, street light, or similar structure over or directly adjacent to public or private streets, sidewalks, or other pedestrian or vehicle ways: (1) the height of all portions of the small wireless facility shall be located at least twelve (12) feet above ground level; (2) no ground equipment shall be permitted; and (3) no portions of the small wireless facility shall extend horizontally from the surface of the pole or structure more than sixteen (16) inches. Location, placement, and orientation of the small wireless facility shall, to the extent feasible, minimize the obstruction or visibility from the closest adjacent properties unless otherwise required by the City for safety reasons.

Special Use Permits.

[Ord. No. 9.108, 6-11-2018]

In General. The following provisions shall govern the issuance of special use permits:

If an antenna may not be approved administratively pursuant to Subsection (D) of this Section, then a special use permit shall be required before placement of such antennas and accessory structures in all permitted zoning districts is allowed.

In granting a special use permit, the City of Weston may impose conditions to the extent necessary to minimize any adverse effect on properties nearby the proposed tower location.

Any information submitted to the City of Weston which relates to engineering matters shall be certified by an engineer licensed or registered by the State of Missouri who is familiar with the design and erection of towers prior to submission.

Fee for applying for permit is five hundred dollars ($500.00).

Information Required. Each applicant requesting a special use permit under this Chapter shall submit to the City Clerk of the City of Weston, Missouri, a scaled site plan and a scaled elevation view and other documentation, including support drawings and calculations signed and sealed by the appropriate licensed professionals showing the location and dimensions of all improvements, information concerning topography, tower height requirements, setbacks, drives, parking, building materials, fencing, paint color, landscaping, adjacent uses and zoning, all guy anchors and other apparatus scaled elevation view, exterior lighting specifications and any other information deemed to be necessary by the City of Weston so that it may assess compliance with this Section.

Scenic Landscapes.

(1)

Personal wireless service facilities shall not be located within open areas that are visible from public roads, historical areas, recreational areas or residential developments as required in the camouflage section. All ground mounted personal wireless service facilities which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.

(2)

Any personal wireless service facility that is located within three hundred (300) feet of a scenic vista, scenic landscape or scenic road as designated by the City of Weston shall not exceed the height of vegetation at the proposed location. If the facility is located further than three hundred (300) feet from a scenic landscape or a scenic road, the height regulation shall apply as described in this Section.

Factors Considered In Granting Special Use Permits. The City of Weston shall consider the factors set forth below, in addition to the factors listed above, in determining whether to grant a special use permit. The City of Weston may waive or reduce the burden upon the applicant for one (1) or more of the following criteria if it determines that the goals of this Section would still be served thereby.

Height and setback of the proposed tower;

Proximity of the tower to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower with particular attention paid to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Availability Of Suitable Existing Towers And Other Structures. No new tower shall be constructed unless the applicant demonstrates to the reasonable satisfaction of the City of Weston that other existing towers or structures do not provide a more suitable and/or feasible location for the applicant's proposed antenna. Evidence submitted to the City of Weston shall consist of a written statement (in affidavit form) citing credible evidence discussing one (1) or more of the following conditions:

(1)

Whether towers or suitable structures exist within the geographic area, that could meet the applicant's engineering requirements;

(2)

Whether existing towers or suitable structures could meet sufficient height to meet the applicant's engineering requirements;

(3)

Whether existing towers or suitable structures have sufficient structural strength to support applicant's reasonable proposed antenna and related equipment;

(4)

Whether the fees, costs and/or contractual provisions required by the owner of an existing suitable site for co-location of the applicant's antenna are reasonable;

(5)

Other significant limiting factors make existing towers or structures unsuitable for co-location of the proposed antenna.

Structural integrity;

Impact on historical structures and views;

Proposed ingress and egress.

Historic Buildings And Districts. Any personal wireless service facilities located within or upon a historic structure shall not alter the character defining features, distinctive construction methods or original historic materials of the building. All modifications and additions shall be fully reversible.

Denial. Any decision to deny a special use permit application that requests to place, construct or modify personal wireless service facilities or other methods of communication in the City of Weston shall be in writing and shall be supported by substantial evidence contained in a written record.

Abandoned Antennas Or Towers.

[Ord. No. 9.108, 6-11-2018]

In General. Any tower no longer in use for its original communication purpose or any tower for which a special use permit has been for any reason terminated or not renewed shall be considered abandoned. The owner of the tower shall provide the City of Weston with a copy of any notice given to the FCC relating to its intent to cease operations.

Removal. Abandoned towers, the communication facility and all accessory structures shall be destroyed and removed at the owner's expense within ninety (90) days of the date of cessation of operations. Upon removal, the tower owner(s) shall revegetate the communication facility to blend with the existing surrounding vegetation at their expense.

Multiple Users Sharing A Single Tower. In the case of multiple antenna operators sharing use of a single tower, the provisions of this Section regarding removal of abandoned towers shall not become effective until all users have ceased communications operations, provided all other provisions of this Section and the order are fully complied with.

Failure To Remove Abandoned Tower. All obligations imposed by this Section shall be the joint and several obligation of the applicant(s) and, if applicable, the lessee of the property upon which the tower and/or antenna(s) are located. In the event that any tower or antenna is not properly and timely removed as required hereunder, then the Enforcement Officer (and any persons he or she has designated) may proceed to remove the abandoned tower and/or antenna(s) and the communication facility in general and thereafter recover the costs of removal, together with the costs of enforcement of this Section (including reasonable attorney's fees) from the applicant(s) and owner(s). Furthermore, such costs shall become a lien against the real property upon which the tower and/or antenna(s) were located. In this connection the applicant shall provide the City of Weston with cash or a performance bond in such amount and in such form as approved by the Planning and Zoning Commission which guarantees the removal of the applicable tower and communication facility according to the terms thereof.

Appeal Procedures — Standing To Appeal. Any decision or determination made by the Planning and Zoning Commission in the administration of this Section may be appealed to the Board of Aldermen in accordance with the procedures set forth as follows.

[Ord. No. 9.108, 6-11-2018]

Standing To Appeal. An appeal may only be made by a person or persons meeting one (1) of the following criteria for standing:

The person or persons making the appeal is an applicant for a permit or other approval or action under the provisions of this Section;

The person or persons making the appeal is an owner or renter of real property within three hundred (300) feet of the site subject to the proposed application or other approval or action under the provisions of this Section and claims to be adversely and materially affected by said decision or action by the staff of the Planning and Zoning Commission.

Timing And Manner Of Appeal. All appeals shall be in writing on the City of Weston's appeal form and in order to be deemed complete and ready for further processing, shall meet the following criteria:

The appeal must be filed with the City of Weston City Clerk within eleven (11) calendar days from the date of the decision in question, unless the eleventh (11th) day falls on a weekend or City holiday, in which case the appeal deadline shall be the close of the next business day;

The appeal must clearly state:

(1)

The reasons why the appellant has standing to appeal;

(2)

The reasons why the decision or determination is illegal, erroneous or arbitrary and capricious (the appellant should also, where possible, submit documentation in support of their position); and

(3)

The resulting action requested by the body hearing the appeal.

Appeal Hearing. An appeal hearing shall be a public hearing subject to the usual and customary notice procedures of the City. The date for the appeal hearing shall be set on the earliest available regular or special meeting agenda of the applicable hearing body.

Appeals By City Officials Prohibited. No City Officer or employee, including members of the Board of Aldermen, Planning and Zoning Commission or any other City commission or advisory committee appointed by the Board of Aldermen, shall make the City a party to an appeal under this Section by making an appeal in either a public or private capacity, except when it can be shown that in a purely private capacity, the official or employee is clearly and materially affected by any action taken under this Section.

Severability. If any structure, Subsection, clause or phrase of this Section is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this Section.

[Ord. No. 9.108, 6-11-2018]

Section 405.315 Medical Marijuana Facilities Operation Requirements.

[Ord. No. 9.120, 1-13-2020]

All medical marijuana facilities shall be operated under the following guidelines:

All facilities shall have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a special use exception upon showing that the applicant has applied for such a license, but the special use exception will not be issued until such license has been obtained.

No facility shall be located within three hundred (300) feet of any building housing an elementary or secondary school, child daycare center, church, or other medical marijuana facility. Distance is measured from building to building.

Hours of operation for any medical marijuana facility shall be between the hours of 7:00 a.m. and 10:00 p.m.

The special use exception shall be personal to the applicant and shall not run with the land.

The special use exception shall be subject to the applicant's continued compliance with all applicable City ordinances regarding operation of a medical marijuana facility.

The special use exception shall be subject to the applicant's continued compliance with all requirements of the Missouri Department of Health and Senior Services and will terminate if the State License is not maintained. The medical marijuana facility shall show proof of current license upon request.

Together with any other documents required for the special use exception, an applicant shall provide a plan which reasonably shows that the medical marijuana facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.

No marijuana in any form may be smoked, ingested, or otherwise consumed or administered on the premises of any medical marijuana facility.

Demonstrate that a security system, equipment and procedures are as stringent as those which are required by the State regulations.

10.

Within thirty (30) days of ceasing medical marijuana facility operations, all plants, medical marijuana-related equipment, signage, and any other facility-related items shall be removed from the building and site within or upon which the facility previously existed.

11.

There shall be no drive-through service, take-out window, or drive-in service at any medical marijuana facility location.

12.

All medical marijuana facilities shall be conducted within a completely enclosed building.

13.

It shall be unlawful for any medical marijuana cultivation facility to allow any person who is not at least eighteen (18) years of age on the premises. Cultivation centers shall not employ anyone under the age of twenty-one (21) years. Access shall be limited exclusively to cultivation center staff and local and State officials and those specifically authorized under Missouri law.

14.

Medical marijuana facilities shall not negatively affect adjacent and surrounding properties by means of being noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.

15.

Off-street parking for any medical marijuana facility will adhere to the requirements in Section 405.260. The number of required spaces for a medical marijuana dispensary shall be found under Section 405.260, Subsection (D), Item #9 — Indoor Retail Business. The number of required spaces for a medical marijuana cultivation; infused product manufacturing; and/or testing facility shall be found under Section 405.260, Subsection (D), Item #10 — Industrial Plants and Facilities.