This shall be known, referred to and cited as the Zoning Ordinances of Waynesville, Missouri. (Ord. No. 710, 11-15-90)

The zoning regulations set forth herein are enacted to implement the land use portion of the Comprehensive Development Plan for the City of Waynesville and to promote the health, safety, morals and general welfare of the citizens of the City. These regulations are intended to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. (Ord. No. 710, 11-15-90)

The provisions set forth in these regulations have been prepared in accordance with the authority granted by the General Assembly of the State of Missouri as provided by the Municipal Planning Act of 1963, Sections 89.010-89.480, RSMo., as amended. (Ord. No. 710, 11-15-90)

1. The jurisdiction of these regulations shall include all land in the corporate limits of the City of Waynesville, Missouri.
2. These regulations shall also apply to all territory annexed into the corporate limits of the City of Waynesville, Missouri.
3. All territory which may hereafter be annexed into the City of Waynesville shall be considered to be within the zoning district(s) specified in the ordinance which approves the annexation, but if that ordinance does not include such determination then the territory shall be considered to be in the "A-l" Agricultural District. (Ord. No. 710, 11-15-90; Ord. No. 1180 §4, 5-19-05)

The City of Waynesville shall be divided into sixteen (16) classes of use districts, termed respectively:

A-1 Agricultural District R-1 One-Family Residential District R-2 Two-Family Residential District R-3 Multi-Family Residential District R-4 Manufactured Home District
R-CS1 Container and Small Homes Residential District C-1 Neighborhood Commercial District C-2 General Commercial District C-3 Planned Shopping District
MU-1 Mixed-Use Low-Intensity District MU-2 Mixed-Use Medium-Intensity DistrictI-1 Restricted Light Industrial District I-2 Light Industrial District I-3 Heavy Industrial District P-1 Public Use Zoning District
MLOD-1 Military Lighting Overlay District (Ord. No. 710, 11-15-90; Ord. No. 1264 §3, 8-17-06)

1. The boundaries of zoning districts are shown upon the map that is made a part of this Chapter, which map is designated as the Zoning Map. The Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein. The official Zoning Map shall be properly attested and filed with the City Clerk.
2. That all areas within the City limits of the City of Waynesville which are now designated on the official Zoning Map as C or Commercial District (without further designation as C-1 or C-2) are hereby designated to be C-2 Commercial District. (Ord. No. 710, 11-15-90; Ord. No. 856 §1, 12-21-95)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, accompanying and made a part of this Chapter, the following rules shall apply:

1. Where district boundary lines are indicated as approximately following streets and alleys, highways or railroads, such boundaries shall be construed as following the center lines thereof.
2. Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.
3. Where a district boundary line divides a lot or un-subdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the Zoning Map.
4. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of the street, alley or public way shall extended to the centerline of such vacation. All areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district. (Ord. No. 710, 11-15-90)

1. Words used singularly or plural shall indicate both singular and plural interpretation.
2. The word may is permissive; the word shall is mandatory.
3. In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent of this Chapter to interfere with or abrogate or repeal any existing ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Chapter; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction, this Chapter shall control.
4. Whenever the provisions of any other Statute or local ordinance or regulation require a greater width or size of yard, courts or open spaces, or require a lower height of building, or a fewer number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in this Chapter, then the provisions of such Statute, local ordinance or regulation shall govern. (Ord. No. 710, 11-15-90)

Except as hereinafter provided:

1. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
2. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
3. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
4. The minimum yards and open spaces, including lot area per family, required by this Chapter for each and every building existing on March 11, 1976, or for any building thereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of this Chapter.
5. Every building erected or structurally altered after March 11, 1976, shall be located on a lot and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this Chapter. (Ord. No. 710, 11-15-90)

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

ACCESSORY BUILDINGS AND USES - A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

ALLEY - A public or private thoroughfare which affords a secondary means of access to property abutting thereon.

APARTMENT - A room or suite of rooms in a multiple-dwelling, or where more than one (1) living unit is established above non-residential uses, intended or designed for use as a residence by a single-family including culinary accommodations.

APARTMENT HOUSE - See Dwelling, Multiple-Family.

BASEMENT - That portion of a building that is partly below and partly above grade and having one-half (1/2) or more of its height above grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or multi-family dwelling purposes.

BUILDING - Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. The term shall involve structure.

BUILDING, HEIGHT OF - The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

BULK PLANE - A theoretical plane beginning at the lot line and rising over a slope determined by an acute angle measured up from the horizontal as set forth in this Article. The bulk plane defines the relationship of the height of the structure and the structure’s setback from the lot line.

CELLAR - That portion of a building that is partly above and partly below grade and having more than one-half (1/2) of its height below grade. A cellar shall not be counted as a story for the purpose of height regulation.

CHILD DAY-CARE CENTER - A child day care center or center, whether known or incorporated under another title or name, is a child care program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day. CHURCH- At a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship. Unless the organization is reasonably available to the public in its conduct of worship, its educational instruction, and its promulgation of doctrine, it cannot fulfill the associational role that courts have increasingly adopted as a threshold for determining when an organization qualifies as a church. Other key factors to consider include definite and distinct ecclesiastical government, a formal code of doctrine and discipline, distinct religious history, membership not associated with any other church or denomination, organization of ordained ministers, ordained ministers selected after completing prescribed studies, literature of this own, established places of worship, regular congregations and regular religious services. No single factor is controlling but having regular meetings with a regular congregation should be weighted more heavily than some of the other factors. Cities can generally use a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for the purposes of this Section.

CITY ENGINEER - References to City Engineer shall refer to City-appointed engineer(s), Director of Public Works or other qualified City staff or engineers as determined by the City Administrator.

DISTRICT - A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

DRUG PARAPHERNALIA - Shall have the same meaning as prescribed in Section 195.010, RSMo., as the same may be amended by the General Assembly of the State of Missouri from time to time.

DWELLING - Any building or portion thereof which is designed and used exclusively for residential purposes.

DWELLING, MULTI-FAMILY - A building or portion thereof having accommodations for or occupied exclusively by more than two (2) families.

DWELLING, SINGLE-FAMILY - A detached building having accommodations for or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY - A detached or semi-detached building having accommodations for and occupied exclusively by two (2) families.

DWELLING UNIT - One (1) or more rooms located within a dwelling that creates an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping.

FAMILY - One (1) or more persons occupying premises and living as a single housekeeping unit, and related to each other by birth, adoption or marriage and not more than one (1) other person not related to the other occupants by blood or marriage. This is distinguished from a group occupying a boarding house, lodging house or hotel as herein defined.

FILLING STATION - Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

FLOOR AREA, GROSS - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where floor-to-ceiling height is less than six (6) feet.

FLOOR AREA RATIO (FAR) - The gross floor area of all buildings on a lot divided by the lot area. For the purpose of this Chapter, parking decks are not included in calculating the floor area ratio.

FRONTAGE - All the property on one (1) side of a street or place between two (2) intersecting streets or places, crossing or terminating, measured along the line of the street or place, or if the street or place is dead-ended, then all of the property abutting on one (1) side between an intersecting street or place and the dead-end of the street or place.

GARAGE, PRIVATE - An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by occupants of the building to which it is accessory.

GARAGE, PUBLIC - A building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.

GRADE - The average level of the finished surface of the ground adjacent to the exterior walls of the building.

HOME OCCUPATION - Occupations ordinarily carried out in a home that are not detrimental or injurious to adjoining property and which are identified in this Chapter.

HOTEL/MOTEL - A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boarding house, bed and breakfast, short-term rental of a residence or lodging room or lodging house as herein defined.

IMPERVIOUS SURFACE - Any part of a lot that is covered by buildings, structures, parking areas, driveways and any other surfaces which will reduce or prevent the absorption of stormwater.

INSTITUTION - A building occupied by a non-profit corporation or a non-profit establishment for public use.

LODGING HOUSE - A building or place where lodging is provided, or which is equipped regularly to provide lodging, by prearrangement for definite periods, for compensation, for five (5) or not more than twenty (20) persons in contradistinction to hotels open to transients.

LONG-TERM RESIDENCE - Reside within a dwelling unit for a period of thirty (30) days or more.

LOT - A parcel of land that has been used, developed or built upon as a unit under single ownership. Such a lot may consist of a single lot of record, or a part of or combination of one (1) or more lots of record.

LOT, CORNER - A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH OF - The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE - A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT OF RECORD - A lot which is a part of a subdivision, a map of which has been recorded in the office of the Recorder of the County; or a parcel of land, the deed to which was recorded in the office of the County Recorder prior to March 11, 1976.

MAIN BUILDING - The structure in which the principal use on the lot is located.

MANUFACTURED HOME - A transportable structure built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

MARIJUANA OR MARIHUANA - Cannabis indica, Cannabis sativa and Cannabis ruderalis, hybrids of such species and any other strains commonly understood within the scientific community to constitute marijuana as well as seed thereof and resin extracted from the plant and marijuana-infused products. MARIJUANA-INFUSED PRODUCTS - Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates. MEDICAL MARIJUANA CULTIVATION FACILITY - A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a medical dispensary facility, medical marijuana testing facility or to a medical marijuana-infused products manufacturing facility. MEDICAL MARIJUANA DISPENSARY FACILITY - A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility or a medical marijuana-infused projects manufacturing facility. MEDICAL MARIJUANA TESTING FACILITY - A facility certified by the State of Missouri to acquire, test, certify and transport marijuana.

MODULAR DWELLING – a Factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to include major assemblies and does not include prefabricated panels, trusses and other prefabricated sub-elements that are to be incorporated into a structure at the site.

NON-CONFORMING USE - A use of land or building(s) that lawfully existed as of March 11, 1976, and has been maintained thereafter even though not in compliance with the use restrictions contained in this Chapter; or a use of and or building(s) that lawfully existed as of the date (subsequent to March 11, 1976) of imposition of use restrictions thereon pursuant to this Chapter and has been maintained thereafter even though not in compliance with the use restrictions contained in this Chapter.

OPEN SPACE - Any occupied space on a lot that is unobstructed to the sky except for the ordinary projection of cornices and eaves. Open space shall not include areas covered by structures, decks, porches, parking areas, driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership shall also be intended as open space.

PARKING SPACE - An area, enclosed or unenclosed, of sufficient size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than one hundred forty (140) square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

QUALIFYING PATIENT - A Missouri resident diagnosed with at least one (1) qualifying medical condition.

SETBACK DISTANCES - Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).

SCHOOL - Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

SHIPPING AND/OR CARGO CONTAINER - A portable storage container designed and manufactured according to specifications from the International Standards Organization (ISO) as a standard, reusable vessel intended to be loaded on a truck, rail car or ship, used primarily for shipping goods. SHIPPING AND/OR CARGO CONTAINER HOME - A dwelling constructed of one (1) or more shipping containers that have been modified for residential use. SHIPPING AND/OR CARGO CONTAINER STRUCTURE - A structure constructed of one (1) or more shipping containers such as garages, storage facilities and other accessory buildings. SHORT TERM RENTAL - Any building, group of buildings, establishment, residential dwelling unit or room or space within a residential dwelling unit containing one (1) or more separate sleeping units in the City which are regularly offered to the public for lodging purposes for a consideration or charge. SHORT TERM RENTAL OF A RESIDENCE - The rental of a dwelling unit for a period of less than thirty (30) days. SHORT TERM RENTAL OF A LODGING ROOM - The rental of a portion of a dwelling unit or room within a dwelling unit by the occupant of the dwelling unit for a period of less than thirty (30) days.

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

SIGN, IDENTIFICATION- A sign on a premises which serves only to tell the name or use of any public or semi-public building or recreation space, club, lodge, church or institution, or which serves only to tell the name and/or address of an apartment house or hotel or which serves to identify a parking lot.

SMALL OR TINY HOMES - A dwelling that is designed to be no less than five hundred (500) square feet.

STREET - All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easement therefor.

STORY - That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF - A space under a sloping roof which has the line intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with or by the occupants of the floor below.

STREET LINE - A dividing line between a lot, tract or parcel of land and a contiguous street.

STRUCTURE - Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building.

STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, except such alterations as may be required for the safety of the building.

YARD - An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.

YARD, FRONT - A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, unenclosed balconies or unenclosed porches.

YARD, REAR - A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE - A yard between the main building and the side line of the lot, and extending from the lot line to the rear yard line.

ZERO LOT LINE CONSTRUCTION - Single-family dwelling arranged on individual lots as either detached structures with one (1) or more side walls on a side property line where no setback distance is required. (Ord. No. 710, 11-15-90; Ord. No. 958 §1—2, 5-21-98; Ord. No. 1264 §2, 8-17-06)