City of Winfield - Land Uses

Accessory buildings and uses

A detached building or use incidental or subordinate to the main use of the property and which is located on the same lot as the main use.

Districts Where Allowed Districts where use is Permitted by Right: C, R

Vehicle Parking:
See § 155.060: Off-Street Parking and § 155.062: Design Standards for detailed information on parking.

Development Requirements:
Applicability.
(A) The requirements of this chapter apply to all accessory buildings and portable structures within the city greater than or equal to 60 square feet in size.
(B) This chapter shall not apply to any principal or main building. Any attached building or structure shall be considered a part of the principal or main building and shall conform to all regulations applicable to the principal building on the lot.

Permit Required.
(A) It shall be unlawful to construct, reconstruct, install or enlarge any accessory building, accessory structure or portable structure in the city without first obtaining an accessory structure permit from the Building Department.
(B) The Building Department Official may issue a building permit for an accessory building or structure that does not conform the requirements of this chapter upon the completion of a site plan review, recommendation from the Planning and Zoning Commission, and majority approval from the Board of Aldermen.

Uses Subordinate.
(A) All accessory buildings, accessory structures and portable structures shall be subordinate and incidental to a principal building or principal use. Any buildings or structures attached to the principle or main building shall conform to all regulations applicable to the principle structure on the lot.
(B) Accessory buildings and portable structures may not be utilized for dwelling purposes.
(C) See permit fee schedule for appropriate permit fee.

Construction or Placement of Accessory Buildings and Portable Structures.
(A) No more than two accessory buildings, portable structures, or combination thereof may be placed on a lot.
(B) Accessory buildings and portable structures must be secured to the ground using a stake kit to prevent wind uplift.
(C) Accessory buildings and portable structures may not be placed on any easement, including but not limited to utility easements, ingress and egress easements, and public or private rights-of-way (ROW).
(D) No accessory building or portable structure shall be constructed upon a lot until the construction of the main building has been actually commenced.

Size and Location.
(A) All accessory buildings structures, except residential garages, must be located in the rear yard of a lot.
(B) Accessory buildings and accessory structures shall not occupy more than 30% of a required rear yard and shall not be nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten feet to the alley line. If a garage is located closer than ten feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
(C) If an accessory building or portable structure is located closer than five feet to the main or principal building, the accessory building or portable structure shall be fire protected on the inside with a minimum of 30-minute fire rating.
(D) Accessory buildings and structures shall not exceed one-half the ground floor area of the principal building.
(E) The height, or above grade elevation, of an accessory building or structure shall not exceed 15 feet in height as measured from the adjacent finished grade.
(F) On a corner lot, all accessory buildings (except garages) and structures must be located in the rear yard of a lot on the interior side as not to impede view of intersection traffic.

Non-Conforming Accessory Buildings and Portable Structures.
(A) Accessory buildings and portable structures erected prior to the enactment of this chapter shall be considered “existing nonconforming” and shall be allowed to remain in place. A permit indicating the building or structure is non-conforming shall be issued to the property owner with no fee.
(B) At such time the accessory building or portable structure is destroyed, removed or relocated, replacement of structure shall be in conformity with this chapter.

Commercial District - Accessory buildings and uses customarily incident to the above uses;

Residential District - Accessory buildings, including one private garage, in the rear yard or constructed as a part of the main building, but not including the conduct of a business

Amusement

Animal hospitals and clinics

Districts Where Allowed Districts where use may be permitted with Special Use Permit: C

Vehicle Parking:
See § 155.060: Off-Street Parking and § 155.062: Design Standards for detailed information on parking.

Development Requirements:
Hospitals and clinics.
(1) Each hospital shall be located upon a tract of land to be occupied exclusively by the hospital and its accessory buildings, which shall contain not less than one acre.
(2) No hospital or clinic which is devoted exclusively to the treatment of insane persons or persons addicted to the use of intoxicating liquors or narcotic drugs shall be established and maintained, except upon a tract of land containing at least ten acres.

Apartments

A dwelling used or designed as a residence for three or more families living independently of each other, including apartments, apartment hotels or group housing.

Automotive sales and services

Automotive sales and services such as service stations, commercial garages, enclosed sale rooms and enclosed buildings for vehicle repair.

AUTOMOBILE SERVICE STATION
Any land, building, structure or premises used for sale at retail of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles, or installing or repairing parts and accessories.

Boarding or lodging houses

Buildings which are necessary to any permitted use

Business services

Business services, such as banks, other financial institutions, insurance offices and professional offices;

Cemeteries

Churches or other places of worship

Churches or other places of worship; convents, rectories or similar religious institutions.

Clinics

An institution, building or part of a building where outpatients receive medical care or treatment.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: C, R

Vehicle Parking:
Clinics, medical or dental: One space per 200 square feet of gross floor area and one space per two employees.
See § 155.061: Off-Street Loading for more detailed information.

Development Requirements:
Hospitals and clinics.
(1) Each hospital shall be located upon a tract of land to be occupied exclusively by the hospital and its accessory buildings, which shall contain not less than one acre.
(2) No hospital or clinic which is devoted exclusively to the treatment of insane persons or persons addicted to the use of intoxicating liquors or narcotic drugs shall be established and maintained, except upon a tract of land containing at least ten acres.

Clubs or lodges

Fraternity and sorority houses, clubs or lodges, those where chief activity is not carried on as a business.

CLUB
Buildings and facilities owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit, and not primarily to render a service which is primarily carried on as a business.

Day care homes, day care centers and nursery schools

DAY CARE HOME
A family home, occupied as a permanent residence, by the day care provider, in which family-like care is given to more than four children and no more than ten children, not related to the day care provider, for any part of the 24-hour day, for compensation or otherwise, except those operated by a school system or in connection with a business establishment as a convenience for its customers.

DAY CARE CENTER
A facility other than the provider's permanent residence, or a facility separate from the provider's living quarters, where care is provided for more than four children for any part of the 24-hour day.

NURSERY SCHOOL
A school operated by a person or organization which is conducted primarily for education of preschool-age children, for no more than four hours per child per day and which provides no custodial care.

Drive-in restaurants

Dwellings, multiple-family

A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartments.

Dwellings, single-family

A building designed or occupied exclusively by one family.

Districts Where Allowed Districts where use is Permitted by Right: R Districts where use may be permitted with Special Use Permit: C

Vehicle Parking:
Residential dwelling: One space per dwelling unit on the same lot and parking shall be restricted to side or back lots.
See § 155.060(A) for more detailed information.
See § 155.061: Off-Street Loading for more detailed information.

Dwellings, two-family

A building designed or occupied exclusively by two families living independently of each other and doing their own cooking therein.

Farm equipment sales and service

Farming, truck gardening, orchard, nursery or greenhouses

Districts Where Allowed Districts where use may be permitted with Special Use Permit: R

Vehicle Parking:
See § 155.060: Off-Street Parking and § 155.062: Design Standards for detailed information on parking.

Development Requirements:
Farming, truck gardening, orchard, nursery or greenhouses, provided no sales office is maintained in the building separate and apart from a residence or accessory building customarily incident to such use of a residence or that no poultry, swine or other livestock should be housed or confined in such a manner as to be objectionable to surrounding residents or affect the general welfare of the city and are confined within less than 200 feet of any single-family, two-family and multiple-family dwellings and located on a lot containing not less than one acre.

Fences

Districts Where Allowed Districts where use is Permitted by Right: C, I, R

Development Requirements:
Height and Construction of Fence.
Any person who erects, builds or constructs or contracts with another to erect, build or construct any fence or privacy screen upon property which the persons owns or leases, or rents shall be responsible for the repair, upkeep and maintenance of the fence or privacy screen and any area adjacent thereto, and shall not erect the fence that it is higher than six feet high at any point with exception to chain-link material. Chain-link shall be no higher than four feet at any point.
All fences shall be constructed with the finished side facing the neighbors and/or the public view. All horizontal and vertical supports are to be interior to the lot being fenced. Fences shall be constructed on the property link of all residential lots to avoid the construction of double fences. Interior fences for dog pens, dog runs or swimming pools are excluded.

Permit; Fee.
(A) Prior to erecting a fence, a permit shall be required to be purchased at City Hall.
(B) For a list of permit fees, see § 150.28.

Responsibility for Care and Maintenance.
(A) Any person who owns property upon which a fence or privacy screen has been constructed by previous owner shall be responsible for the care, upkeep and maintenance of the fence or privacy screen. If a previously constructed fence is located upon a lot line, each successive owner of the fence or privacy screen shall be responsible for its care, upkeep and maintenance. If ownership of the fence located upon a lot line is joint or cannot be determined, then each party owning property adjacent to the fence shall be responsible for the care upkeep and maintenance of the fence facing its property.

Non-Conforming Fences.
All fences erected prior to enactment of this chapter shall be considered non-conforming and, as such, shall be allowed of remain in place. However, at such time as the parcel or lot in question is sold, transferred or leased to another party, the fence will be either brought into conformity or removed.

Fences Erected Around Swimming Pools.
Fences shall be erected around swimming pools according to the adopted Building Code of the city.

Barbed Wire or Electrical Fences.
There shall be no fences consisting of barbed wire or electrical fence.

Residential Fence Material and Construction.
There shall be no fences surrounding perimeters of residence consisting of barbed wire, electrical, constructional grid, cattle grid, rope materials or chain-link slats. Permitted materials are as follows: vinyl, treated wood, chain-link, synthetic, fashioned iron. All fences shall be of adequate strength to resist wind pressures.

Obstructions.
Double fences are prohibited. No fence shall extend past the front building line or beyond the side or rear property line. In addition to the placement regulations stated, no fencing or decorative posts shall be placed within a 25-foot sight triangle or otherwise impede vehicular or pedestrian vision.

Penalty.
Any person found guilty of a violation of this chapter shall be subject to a fine not to exceed $500 or imprisonment in the County Jail not to exceed 90 days or both the fine and imprisonment.

Garages, private

GARAGE, PRIVATE
A building used only for the housing of motor vehicles without their equipage for operation, repair, hire or sale.

Golf courses

(except miniature golf courses)

Government buildings

Group houses

Health or fitness facilities

Home occupations or offices

HOME OCCUPATION
An occupation for gain or support conducted only by members of a family residing on the premises; provided that, no articles are sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Hospitals

An institution for the medical or surgical care of the sick and injured on a confined basis.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: C, R

Vehicle Parking:
Hospitals, nursing homes, sanitariums, convalescent homes or similar uses: One space per two patient beds or residences.
See § 155.061: Off-Street Loading for more detailed information.

Development Requirements:
Hospitals and clinics.
(1) Each hospital shall be located upon a tract of land to be occupied exclusively by the hospital and its accessory buildings, which shall contain not less than one acre.
(2) No hospital or clinic which is devoted exclusively to the treatment of insane persons or persons addicted to the use of intoxicating liquors or narcotic drugs shall be established and maintained, except upon a tract of land containing at least ten acres.

Hotels or motels

HOTEL
Any building or portion thereof of which contains guest rooms, which are designed or intended to be used, let or hired out for occupancy by, or which are occupied by ten or more individuals for compensation, whether it be paid directly or indirectly.

Light assembly work

Light assembly work, machine shops doing assembling or shaping and light cutting and sampling.

Medical marijuana cultivation facilities

Medical marijuana cultivation facilities entirely within an enclosed building

Districts Where Allowed Districts where use may be permitted with Special Use Permit: I

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.061: Off-Street Loading for more detailed information.

Merchandise Loading:
See § 155.061: Off-Street Loading for detailed information.

Development Requirements:
Performance Standards and Regulations Relating to Medical Marijuana Facilities.
The purpose of this Section is to regulate the placement and licensing of any medical marijuana facility, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.

(A) No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance in violation of Chapter 90 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
(B) No more than a total of three (3) medical marijuana dispensary facilities will be allowed within the City limits.
(C) Each medical marijuana testing or medical marijuana dispensary facility shall be located on properties that meet the following distance requirements:

(1) No marijuana related uses shall be operated or maintained within two hundred fifty (250) feet of any school, child day-care center or place of worship.
(2) No marijuana related uses shall be operated or maintained within two hundred fifty (250) feet of another marijuana related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
(3) The distances described in this Section shall be computed in accordance with applicable State law and/or regulation.

(D) Each medical marijuana cultivation facility or medical marijuana-infused products manufacturing facility shall be located on properties that meet the following distance requirements and are subject to the following land area requirements:

(1) No marijuana related cultivation or manufacturing uses shall be operated or maintained within two hundred fifty (250) feet of any school, child day-care center or place of worship.
(2) No marijuana related cultivation or manufacturing facility shall be operated or maintained within two hundred fifty (250) feet of another marijuana related use. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
(3) The distances described in this Section shall be computed in accordance with applicable State law and/or regulation.
(4) No marijuana related cultivation or manufacturing facility shall be located, operated or maintained on property that is less than seven (7) acres in size.

(E) The waiting area and the area of a medical marijuana dispensary facility where marijuana or marijuana-infused products are physically delivered to a qualifying patient or primary caregiver shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana infused products to the qualifying patient or primary caregiver. No loitering will be permitted at any medical marijuana facility.
(F) No marijuana or marijuana-infused product shall be displayed or be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a medical marijuana facility.
(G) Paraphernalia as referenced in section 195.010(18), excluding (1)(f), of the Revised Statutes of Missouri, as may be amended, may be lawfully sold at a medical marijuana dispensary facility. Such items may not be publicly displayed and may be sold, displayed and provided only to patients or primary caregivers of patients.
(H) The sale or consumption of alcohol within a medical marijuana facility is prohibited.
(I) No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana testing facility, cultivation facility or products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
(J) A medical marijuana dispensary facility shall not dispense more than four (4) ounces of a usable form of medical marijuana per patient in a thirty-day period, except as otherwise allowed by law [Article XIV, Sec 3(13) of the Missouri Constitution]. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.
(K) The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of any medical marijuana facility is prohibited, except that a medical marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.
(L) Maximum hours of operation.

(1) Dispensary facilities are limited to the following hours of operation: 8:00 a.m. to 7:00 p.m., Monday through Friday; 10:00 a.m. to 5:00 p.m., Saturday, Sunday; and shall be closed on Federally recognized holidays.
(2) Testing facilities are limited to the following hours of operation: 8:00 a.m. to 6:00 p.m., Monday through Friday and shall be closed on Federally recognized holidays.

(M) Security plans. See Procedure

(N) Operating plans. See Procedure

(O) Each Facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
(P) It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
(Q) No medical marijuana facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, delivered, processed, sold, stored, tested, manufactured or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
(R) Application review process. See Procedure

(S) Fees associated with medical marijuana uses shall be in accordance with the schedule of fees as set by the City.

Medical marijuana dispensary facilities

Districts Where Allowed Districts where use may be permitted with Special Use Permit: C, I