[CC 1984 §6.010]
This Chapter shall be known and cited as the Zoning Code of
the City of Weatherby Lake, Missouri.
[CC 1984 §6.020]
There is hereby established a comprehensive Zoning Code for
the City of Weatherby Lake, Missouri, which is enacted in accordance
with a Comprehensive Plan designed to lessen congestion in the streets,
secure safety from fire panic and other dangers, promote health, safety
and the general welfare, provide adequate light and air, prevent the
overcrowding of land, avoid undue concentration of population and
facilitate the adequate provision of transportation, water, sewage,
schools, parks and other public requirements. This Code is enacted
after reasonable consideration to the character of the City and its
peculiar suitability for particular uses with a goal of conserving
the value of buildings and encouraging the most appropriate use of
land throughout the City.
[CC 1984 §6.030]
It is hereby declared to be the legislative intent of the City
of Weatherby Lake that this Code shall be regarded primarily to further
the public and community interests of the City. Accordingly, in their
interpretation and application, the provisions of this Code shall
be considered to be minimum provisions.
[CC 1984 §6.060]
A.
The
areas and boundaries of the zoning districts of the City of Weatherby
Lake, Missouri, are hereby established as shown on the official map
of the City prepared by Aylett Survey Company and dated December 2,
1996, together with any changes, amendments or additions thereto.
B.
Said
map, referred to herein as the "Zoning Map", together with all notations,
references and information shown thereon, is hereby made a part of
this Code as though it were set forth herein; provided however, in
the event of inconsistency between the Zoning Map and legal descriptions
in this Chapter or any amendments thereto, then the legal descriptions
shall control.
[CC 1984 §§6.070 — 6.085]
A.
District "R-1-A".
1.
All lands situated within the corporate limits of the City of Weatherby
Lake as the same is now constituted, except for the following land:
a.
District "R-E-C" as set forth in Subsection (B) below, which is described as that part below normal pool level of Weatherby Lake or that area dedicated as private parks or access areas and designated as such on the Zoning Map and that portion of the City situated immediately below the dam; and
b.
District Commercial as set forth in Section 405.050(C) of the City Code of Weatherby Lake which is described as:
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All of Lot 1 in the Plat of Block Y, Lakeview, a subdivision
of land in Platte County, Missouri.
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2.
In addition, any and all land annexed to the City of Weatherby Lake
shall be designated as District "R-1-A" unless the Planning Commission
takes action to designate said land differently.
B.
District "R-E-C". All lands within the City of Weatherby
Lake situated below normal pool level of Weatherby Lake or dedicated
as private parks or access areas and designated as such on the Zoning
Map and that portion of the City situated immediately below the dam
shall be designated as District "R-E-C".
C.
District Commercial. All lands within the City of Weatherby
Lake as set forth in the legal description below shall be designated
as being located within the Commercial District:
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All of Lot 1 in the Plat of Block Y, Lakeview, a subdivision
of land in Platte County, Missouri.
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[CC 1984 §6.580; Ord. No. 628 §1, 6-17-2003]
The provisions of this Zoning Code shall not apply to real property
owned by the City of Weatherby Lake, Missouri, or to actions taken
by the City of Weatherby Lake, Missouri.
[CC 1984 §§6.450 — 6.550; Ord. No. 1129, 10-4-2011; Ord. No. 2019-02, 3-13-2019]
A.
Explanation
Of Terminology. Words used in the present tense include the future
tense. The singular number includes the plural and the plural is singular.
The word "shall" or the word "must" are mandatory and not discretionary.
B.
ACCESSORY USE OR BUILDING
APPROVED
BUILDING
BUILDING INSPECTOR
CITY
DEFECT
FLUSH WATER CLOSET
GARBAGE
FAMILY
FOOTPRINT
HABITABLE BUILDING
HEATED WATER
HOME OCCUPATION
INSPECTOR
KITCHEN
LONG-TERM RENTAL
LOT
LOT, CORNER
OCCUPANT
OPERATOR
OWNER
PERSON
PLUMBING
PREMISES
PRIVATE PARKS OR ACCESS AREAS
RUBBISH
SAFETY
SETBACK
SHORT-TERM RENTAL
STRUCTURES
TRANSIENT GUEST
Definitions. As used in this Chapter, Sections 405.010 et seq., the following terms shall have these prescribed meanings:
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building or a use customarily
incident to the main use of the property.
Complying with all applicable City ordinances and City Code.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
includes any structure.
Where mentioned, shall include the Building Inspector or
any person authorized by him/her.
The City of Weatherby Lake, Missouri.
An imperfection that causes inadequacy or failure; a shortcoming.
A toilet bowl flushed with water with a water-sealed trap.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
A group of persons living together as a single non-profit
housekeeping unit and consisting of either one (1) or more persons
related by blood, marriage or adoption or a group of not more than
five (5) persons who need not be related by blood, marriage or adoption.
A building's physical dimensions as well as its location
on the lot.
Any building that meets minimum standards for use as a home
or place of abode by one (1) or more persons.
Water heated to a temperature of not less than one hundred
twenty degrees Fahrenheit (120° F.) measured at faucet outlet.
An occupation which is customarily incident to the main use
of the premises as a dwelling place and is conducted by a member of
a family residing in the dwelling and in connection with which there
is kept no stock in trade nor commodity sold upon the premises, provided
that no person is employed other than a member of the immediate family
and provided that no mechanical equipment is installed or used in
excess of one-quarter (1/4) horsepower per machine or a total of one
(1) horsepower, other than machines used for domestic purposes, and
provided that no explosive chemicals or combustible materials such
as would endanger the occupants' or the neighbors' health or welfare
shall be employed or stored on the premises.
[Ord. No. 2023-08, 8-9-2023]
The inspector(s) of the City includes Building Inspector,
Police or any other person as authorized by the Building Inspector.
A space which contains a sink with counter working space,
adequate space for installing cooking and refrigeration equipment,
and adequate space for the storage of cooking utensils.
The rental of any single-family home, or a portion thereof
of a legally permitted dwelling unit for a period of more than thirty
(30) consecutive calendar days.
A plot, parcel or tract of land occupied or proposed to be
occupied by one (1) building and appropriate accessory buildings or
uses, including such setback areas as are required by this Zoning
Code and having its principal frontage on a street or place.
A lot abutting upon two (2) or more streets at their intersection.
Any person including owner or operator living, sleeping,
cooking and eating in a dwelling.
The owner or his/her agent who has charge, care, control,
or management of a dwelling.
Any person, partnership, firm, or corporation who, alone,
jointly, or severally with others, shall be in actual possession of,
or have charge, care or control of, any dwelling within the City as
owner, employee or agent of the owner, or as trustee or guardian of
the estate or person of the title holder. Any such person representing
the actual owner shall be bound to comply with the provisions of this
Chapter to the same extent as the owner.
An individual, firm, partnership, association, limited liability
corporation, limited liability company, corporation or joint venture
or organization of any kind.
All of the following supplied facilities and equipment in
a dwelling: gas pipes, gas-burning equipment, water pipes, steam pipes,
garbage disposal units, waste pipes, water closet, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents, and any other similar
fixtures and the installation thereof, together with all connections
to water, sewer, and gas lines.
A lot or part thereof on which a dwelling, structure, including
accessory structure or other structure is located.
A plot of ground dedicated as private park property on the
Zoning Map or deeded or leased to the Weatherby Lake Improvement Company
for the use of the property owners in the City of Weatherby Lake,
their families and guests according to the rules and regulations of
the Weatherby Lake Improvement Company.
Non-putrescible solid waste consisting of both combustible
and non-combustible wastes, such as paper, cardboard, tin cans, grass
and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery,
and similar materials.
The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
The distance between a building and the street line or property
line nearest thereto.
The rental of any single-family home, or a portion of such
a legally permitted dwelling unit for a period of less than thirty
(30) consecutive calendar days in exchange for any compensation. Any
such SHORT-TERM RENTAL shall not be considered a HOME OCCUPATION as
set forth above.
Anything constructed or erected which is located on the ground
or attached to something else having a location on the ground, including,
but not limited to, decks, patios and retaining walls, etc.
Any person, other than the owner or a family as defined above,
who for compensation occupies any single-family home, or a portion
of such a legally permitted dwelling unit for a period of less than
thirty (30) continuous days.
