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.

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

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

Vehicle Parking:
Bowling alleys: Three spaces per alley, plus one space per five spectator seats.
Skating rinks, swimming pools or similar uses: One space per three persons based on the design capacity for the structure.
Stadiums, arenas or similar uses: One space per five spectator seats.
See § 155.060: Off-Street Parking for more detailed information.

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

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.

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

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.

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: Only one (1) parking space per dwelling unit on the same lot.
See § 155.060: Off-Street Parking for more detailed information.

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

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.

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Retail stores, service businesses or other similar uses: One space per 200 square feet of floor area.
Automobile car wash: Five spaces per washing lane.
See § 155.060: Off-Street Parking for more detailed information.

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

Boarding or lodging houses

Districts Where Allowed Districts where use is Permitted by Right C 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.

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

Buildings which are necessary to any permitted use

Districts Where Allowed Districts where use is Permitted by Right R

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

Business services

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

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Banks or financial institutions: One space per 300 square feet of floor area.
See § 155.060: Off-Street Parking for more detailed information.

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

Cemeteries

Churches or other places of worship

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

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

Vehicle Parking:
Churches: One space per five seats in the principal worship area.
See § 155.060: Off-Street Parking for more detailed information.

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 § 155.060: Off-Street Parking for more detailed information.

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

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

Vehicle Parking:
Auditorium, theaters, meeting halls or similar uses: One space per five audience seats.
See § 155.060: Off-Street Parking for more detailed information.

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

Comprehensive marijuana cultivation facility

A facility licensed as such by the State of Missouri.

Comprehensive marijuana dispensary facility

A facility licensed as such by the State of Missouri.

Comprehensive marijuana-infused product manufacturing facility

A facility licensed as such by the State of Missouri.

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.

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

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

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

Drive-in restaurants

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.

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

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.

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: Only one (1) space per dwelling unit on the same lot.
See § 155.060: Off-Street Parking for more detailed information.

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: Only one (1) space per dwelling unit on the same lot.
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.

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: Only one (1) space per dwelling unit on the same lot.
See § 155.060: Off-Street Parking for more detailed information.

Farm equipment sales and service

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.

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

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.

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

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.

Districts Where Allowed Districts where use is Permitted by Right R

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

Development Requirements:

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

Golf courses (except miniature golf courses)

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.

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

Government buildings

Districts Where Allowed Districts where use is Permitted by Right C

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

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

Group houses

Districts Where Allowed Districts where use is Permitted by Right R 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.

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

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.

Districts Where Allowed Districts where use is Permitted by Right R

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

Development Requirements:

Residential District - Customary home occupation or office when confined to the main building; provided, no display of products made or sold should be visible from the street and should not occupy more than 20% of the net floor of the dwelling.

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 § 155.060: Off-Street Parking for more detailed information.

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

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.

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Hotels, motels or tourist courts: One space per guest room.
See § 155.060: Off-Street Parking for more detailed information.

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

Light assembly work

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

Districts Where Allowed Districts where use is Permitted by Right I

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.060: Off-Street Parking for more detailed information.

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

Medical marijuana cultivation facilities

A facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused product manufacturing facility.

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) marijuana dispensary facilities will be allowed within the City limits.

(C) Each marijuana testing or 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 one hundred fifty (100) feet of any school, child day-care center or place of worship.

(2) No marijuana related uses shall be operated or maintained within one hundred fifty (100) 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 marijuana cultivation facility or 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 one hundred fifty (100) 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 one hundred fifty (100) 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) No loitering will be permitted at any 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 marijuana facility.

(G) Paraphernalia as referenced in Section 195.010(18), excluding (1)(f), RSMo., as may be amended, may be lawfully sold at a 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 marijuana facility is prohibited.

(I) No person under the age of eighteen (18) shall be allowed in any portion of a 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) All marijuana sold or otherwise distributed shall be in a scaled 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 marijuana facility is prohibited, except that a 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 marijuana as a home occupation.
(Q) No marijuana facility shall be operated within the City without the proper State and local licenses and permits.
(R) Application review process. See Procedure

Medical marijuana dispensary facilities

A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused product manufacturing facility.

Medical marijuana testing facilities

A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.

Medical marijuana-infused products manufacturing facilities

A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

Mobile home sales

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.

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

Mobile homes

A one-family dwelling unit of vehicular portable design built on a chassis and designed to be moved from one site to another and to be used without a permanent foundation.

Vehicle Parking:
RV/trailer/mobile home must not exceed the length of the driveway. Said RV/trailer shall not impede parking of any of the dwellings.
See § 155.060: Off-Street Parking for more detailed information.

Development Requirements:
Age of Mobile Home.
(A) No mobile home older than five years shall be placed within the city limits without prior approval by the Board of Aldermen.
(B) Any person wishing to place a mobile home older than five years within the city limits must petition the Board of Aldermen, in writing, prior to the placement of any mobile home.

Grant or Refusal of Placement Request.
The Board of Aldermen shall have the authority to grant or refuse placement of the mobile home and have the power to authorize any inspection of the mobile home prior to any approval. The inspection shall be done at the mobile home owner’s expense.

Placement Prior to Requirement.
Nothing in this subchapter, in any way, affects those mobile homes located within the city limits prior to the enactment of this subchapter.

Penalty.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B)

(1) Any person found in violation of §§ 152.01 through § 152.05 of this chapter shall be subject to a fine not to exceed $100 or by imprisonment in the County Jail not to exceed 30 days or by both the fine and imprisonment.
(2) Each day of the violation shall be considered a separate and distinguishable offense.

Mortuary or funeral homes

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Mortuaries or funeral homes: One space per three seats.
See § 155.060: Off-Street Parking for more detailed information.

Natural production uses

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

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.060: Off-Street Parking for more detailed information.

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

Development Requirements:
Natural production uses. In any commercial or industrial district, the extraction of oil, gas or other natural mineral deposits shall be permitted upon approval of the Board of Aldermen and subject to such safeguards as the Board of Aldermen may fix for the protection of adjacent property.

Parking, lots or garages

Districts Where Allowed Districts where use is Permitted by Right C

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

Parks, playgrounds or public recreation areas

Parks, playgrounds or public recreation areas not operated or used for commercial purposes, in such public buildings are necessary for health and safety.

Districts Where Allowed Districts where use is Permitted by Right R

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

Personal services

Personal services, such as barber shops, beauty shops, tailors and photographic and fine art studios.

Districts Where Allowed Districts where use is Permitted by Right C

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

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

Printing, retail or wholesale

Districts Where Allowed Districts where use is Permitted by Right C

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

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

Processing of non-offensive materials

Processing in a structure of non-offensive materials, such as textiles, wood and similar items.

Districts Where Allowed Districts where use is Permitted by Right I

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.060: Off-Street Parking for more detailed information.

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

Public utilities

PUBLIC UTILITY
Any person duly authorized to furnish, and furnishing, under municipal regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water, sewerage or sewage disposal.

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

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

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

Development Requirements:
Utility easements. No building or addition thereto shall be erected over or across any existing public utility, nor upon any platted easement.

Utilities. Utilities shall be buffered or landscaped in a suitable manner as determined by the Board of Aldermen.

Residence District - Public utilities and governmental buildings, including substations, regulator stations, pumping stations, radio and television transmitter or tower, transmission lines, water infiltration plant and storage reservoir or other similar public service uses;

Commercial District - Public utilities and government buildings, as are necessary for health and safety such as fire stations, including substations, regulator stations, pumping stations, disposal or treatment facilities, radio or television transmitter or tower, transmission lines, water filtration plant and storage reservoir or other similar public service uses;

Repair services

Repair services, such as radio shops, appliance shops, upholstery shops and shoe repair shops.

Districts Where Allowed Districts where use is Permitted by Right C

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

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

Rest homes, nursing homes or convalescent homes

NURSING HOME
A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

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

Vehicle Parking:
Hospitals, nursing homes, sanitariums, convalescent homes or similar uses: One space per two patient beds or residences.
See § 155.060: Off-Street Parking for more detailed information.

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

Retail businesses

Retail businesses, such as general merchandise stores, food stores, hardware, jewelry stores, furniture, antiques, apparel, eating and drinking establishments and drugstores.

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Retail stores, service businesses or other similar uses: One space per 200 square feet of floor area.
Restaurants or similar eating and drinking establishments: One space per 100 square feet of floor area.
See § 155.060: Off-Street Parking for more detailed information.

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

Schools

Public, parochial, elementary schools and high schools.

Districts Where Allowed Districts where use is Permitted by Right R

Vehicle Parking:
Elementary schools, junior high schools or nurseries: One space per faculty, plus one and one-half spaces per each full-time employee.
High schools: One space per faculty and full-time employees, and three spaces per 20 students or one space per five audience seats, whichever is greater.
Schools, trades, businesses, languages or similar uses: One space per three students based on the design capacity of the building.
See § 155.060: Off-Street Parking for more detailed information.

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

Self-service laundries or dry cleaners

Districts Where Allowed Districts where use is Permitted by Right C

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

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

Signs, business, informational and directional

SIGN
Any words, numerals, figures, devices and/or designs with trademarks by which anything is made known, such as a use to designate an individual, a firm, profession, business or a commodity which are visible from any public street or air.

Districts Where Allowed Districts where use is Permitted by Right C

Development Requirements:

Commercial District - Business, informational and directional signs (permanently affixed to a building or improved structure). Illumination shall be by non-intermittent source;

Storage parking or sale of automobiles, trucks and trailers, open

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.

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

Storage plants, lumber yards, distributing stations or warehouses

Districts Where Allowed Districts where use is Permitted by Right I

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.060: Off-Street Parking for more detailed information.

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

Swimming pools

Districts Where Allowed Districts where use is Permitted by Right R

Development Requirements:
Permit Required.
(A) It shall be unlawful to construct, install, enlarge or alter any private, public or semi-private pool, pool equipment and/or accessories within the city without obtaining a permit from the Division of Code Enforcement at City Hall. Exceptions: any receptacle having a maximum depth of two feet or less (e.g., “kiddie pool”).
(B) Any seasonal type pools that are designed to be taken down and stored for the off season will be required to obtain a one-time permit. A copy of the permit will be kept on file at City Hall, but must be available from the permit holder upon request by the City Inspector for any season after the initial season if the permit holder re-erects the pool.

Location of Outdoor Pools.
Pools, pool equipment and decks shall be set back at least eight feet from side property lines and eight feet from rear property lines and may not be located over any city owned easement.

Drawings and Plans.
(A) All drawings, sketches and or plot plans for the construction, installation, enlargement or alteration of any swimming pool, pool equipment and/or accessories shall first be presented to the Division of Code Enforcement for examination and approval as to proper location and construction. All drawings, sketches and or plot plans shall include, but are not limited to: existing structures, proposed pool and pool equipment with distances to lot lines, location of all overhead wires which cross the property, location and height of the fence surrounding the pool area, location of all gates into the pool area, location of all GFCI protected outlets, easements and building lines, proposed drainage if changes will be made as part of the installation and location of underground utilities. No underground utilities are allowed under or within five feet of the pool, excluding any utilities necessary for the operation of the pool, pool equipment and/or accessories.
(B) All swimming pools, accessories, water supply and drainage systems shall be constructed in conformity with the approved plans.

Fence, Alarms Required.
(A) In-ground pools. All outdoor in-ground swimming pools shall be completely enclosed by a minimum 48-inch high fence. All fence openings must open out away from the pool and must be self-closing and self-latching with latches installed 54 inches above grade. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall comply with the following: the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate, and the gate and barrier shall have no opening greater than one-half inch within 18 inches of the release mechanism.
(B) Above-ground pools. Swimming pools constructed above ground, either totally or partially, shall be enclosed with a minimum 48-inch high fence or a 24-inch fence around the top of the pool if its sidewalls or any part of the surrounding deck area is less than 48 inches from the ground. Exception: if a pool is constructed so there is a 48-inch barrier above grade at all points on the pool, within 48 inches horizontally, no fence is needed if access ladders and or steps are not accessible when not in use.
(C) Fencing. Pools shall not be filled until fencing or temporary fencing is installed.
(D) Fence permit. Prior to construction of a fence, a fence permit shall be obtained in compliance with § 154.03 of this code of ordinances.

Water Supply.
No source of water other than that secured from the city’s waterworks distribution system shall be used in any type of swimming pool.

Inlets and Outlets.
The system supplying the recirculated water and makeup water to the pool shall be constructed in conformance with the adopted codes and ordinances regulating plumbing. Pools shall be equipped with facilities for completely emptying the pool and the discharge rate of the pool water shall not exceed 200 gallons per minute. No direct connection shall be made to the sanitary sewer system.

Recirculation System and Accessories.
Equipment shall be provided for the disinfection of all pool water. Any disinfection method using materials other than chlorine compounds shall be subject to the approval of the Division of Code Enforcement. Public and semi-private pools shall have a testing kit available for measuring chlorine residual and pH.

Electrical Requirements.
(A) All electric pool equipment must be GFCI protected and installed a minimum of five feet from the pool edge with a single locking cover and grounding type receptacle. No outlets are permitted within five feet of the pool edge.
(B) Overhead power lines must be at least ten feet horizontal from the edge of the pool and 22.5 feet in any direction of the water’s edge.
(C) All new electrical installations shall conform to adopted codes and ordinances of the city.

Safety Precautions.
Every public and semi-private swimming pool shall be equipped with one or more Coast Guard approved throwing ring buoys with a minimum diameter of 20 inches and attached to a rope not less than three-sixteenths inch in diameter and not less than one and one-half times the maximum width of the pool. In addition to the ring buoy, all public and semi-private swimming pools shall be equipped with one life pole at least 12 feet in length.

Inspections.
(A) In-ground pools. The following inspections are required:

(1) Footing;
(2) Electrical rough; and
(3) Final.

(B) Above-ground pools. The following inspections are required:

(1) Electrical rough; and
(2) Final.

(C) Preliminary inspection. A preliminary placement inspection may be required at the Inspector’s discretion.
(D) Compliance. The City Inspector shall periodically inspect all swimming pools to determine whether or not the provisions in this chapter of this code are being complied with.

Existing Pool Compliance.
Upon the passage and approval of this chapter, all existing private, public, and semi-private pools shall comply with these sections by 5-1-2015, except all pools lawfully existing prior to the passage and approval of this chapter, need not be relocated to comply with § 156.05 of this chapter.

Penalty.
(A) Any person found guilty of a violation of this chapter shall be subject to a fine not to exceed $500 or 90 days in the County Jail or both.
(B) Each day the violation continues shall be considered a separate offense.

Theaters

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Auditorium, theaters, meeting halls or similar uses: One space per five audience seats.
See § 155.060: Off-Street Parking for more detailed information.

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

Development Requirements:
Includes drive-in theaters.

Uses of the same general character

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

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

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

Development Requirements:
Commercial District -

Permitted Uses - Other uses which in the opinion of the Planning and Zoning Commission are of the same general character as those enumerated in § 155.047(A)(1).
Special Use Permit - Other uses which in the opinion of the Planning and Zoning Commission are of the same general character of those enumerated in § 155.047(A)(2). In addition, residential uses allowed in the R Residential District may be allowed upon review by the Planning and Zoning Commission.

Industrial District -

Special Use Permit - Other uses which in the opinion of the Planning and Zoning Commission are of the same general character as those enumerated in § 155.048(A)(2). In addition, commercial uses allowed in the Commercial District may be allowed upon review by the Planning and Zoning Commission.

Wholesale trade, warehousing or commercial storage

Districts Where Allowed Districts where use is Permitted by Right C

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.060: Off-Street Parking for more detailed information.

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

Woodworking shops or plants

Districts Where Allowed Districts where use is Permitted by Right I

Vehicle Parking:
Industrial uses or services: One space per two employees based upon the largest shift.
See § 155.060: Off-Street Parking for more detailed information.

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

City of Winfield, MO

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