1. Any of the following uses may be located in any district, except where specifically prohibited, by a conditional use permit approved by the City Council, under such conditions as to operation, site development, signs, and time limit as may be deemed necessary in order that such use will not seriously injure the appropriate use of the neighboring property, and will conform to the general intent and purpose of these regulations:
   1. Churches.
   2. Bed and Breakfast business.
   3. Golf course.
   4. Hospitals.
   5. Public schools, colleges and educational institutions.
   6. Funeral homes (but not including a funeral home located in a residential district).
   7. Filling stations (but not including a filling station located in a residential district).
   8. Nursing and convalescent homes (but not including a nursing or convalescent home located in a residential district).
   9. Drive-in or carry-out restaurants (but not including a restaurant in a residential district).
   10. Office, meeting rooms or other facilities owned and/or operated by a governmental or quasi-governmental entity, or by a fraternal, social or charitable organization.
   11. Day care centers, but only if the following requirements are satisfied:
       1. The day care center shall be licensed by the Division of Family Services within at least ninety (90) days after the issuance of the conditional use permit, and the day care center shall thereafter be continuously in good standing with the Division of Family Services.
       2. If the day care center is located in a residential district then it shall have no more than one identification sign which shall not exceed one (1) square foot in area and be unlighted, and the sign shall be attached to and be parallel with the wall of the structure.
       3. All areas used for parking by staff or patrons and all areas used for play by the children cared for at the day care center shall be located behind the front yard setback line.
       4. Outdoor play activities shall be provided within a fenced area and shall be permitted only between the hours of 8:00 A.M. and 8:00 P.M.
       5. The day care center shall provide at least thirty-five (35) square feet of useable floor space per child, not including floor space occupied by permanent built-in cabinets or shelves, or large articles of furniture or equipment not intended for the use of the children, and not including the area of kitchens and bathrooms.
2. Applications for conditional use permit shall be on forms provided by the City for this purpose and shall be accompanied by such fee as may be established from time to time for this purpose by the City Council.
3. Applications for conditional use permit shall be filed with the City Clerk who shall promptly submit the application to the Planning and Zoning Commission, which shall hold a public hearing on the application and thereafter the Planning and Zoning Commission shall forward the application to the City Council together with the recommendation of the Planning and Zoning Commission either to approve or not approve the application, and any recommendations of the Planning and Zoning Commission relating to conditions and limitations to be included in the event the application is approved.
4. The City Council shall approve or not approve an application for a conditional use permit after considering the recommendations of the Planning and Zoning Commission, and the City Council shall approve a conditional use permit only after consideration of all relevant matters including the following:
   1. Whether the location of the proposed use is compatible with other land uses in the general neighborhood and does not place undue burdens on the transportation and service facilities in the vicinity.
   2. Whether the site will be served by streets having sufficient capacity to carry the traffic expected to be generated by the proposed use.
   3. That the proposed use, if it complies with all conditions imposed by the City Council, will not adversely affect the value and usefulness of the other property in the vicinity.
   4. Whether the approval should be made contingent upon acceptance and observance of the following conditions (plus any other conditions deemed appropriate by the City Council): Conformity to plans and drawings submitted with the application; special yard, open space, buffer strips, walls, fences, hedges and landscaping; performance standards relative to emission of noise, vibration or other potentially dangerous or objectionable elements; limits on hours of operation or use; and guarantees as to compliance with the terms of approval. (Ord. No. 710, 11-15-90; Ord. No. 851 §1, 9-5-95)

Notwithstanding any other provisions of the ordinances of the City, the following uses are prohibited within the City limits:

1. Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City’s Fire Prevention Code.
2. The use of a travel trailer as a temporary residence, with the exception of a travel trailer which is within a designated recreational vehicle park.
3. The use of a travel trailer as a permanent residence.
4. Any use which involves the sale of alcoholic beverages for consumption on the premises within three hundred (300) feet of any school, church or other building regularly used as a place of religious worship. (Ord. No. 1180 §5, 5-19-05)

As used herein, the terms adult cabaret, semi-nudity, sexually oriented business and sexually oriented materials shall have the meaning given in Section 226.531, RSMo. In order to protect the public interests of the City, including, but not limited to, mitigating the adverse secondary effects of sexually oriented businesses, improving traffic safety, limiting harm to minors and to reduce prostitution, crime, juvenile delinquency and deterioration in property values, no adult cabaret or sexually oriented business shall, notwithstanding any other provisions of the ordinances of the City, be permitted in any zoning district of the City other than in a C-2 Commercial District after obtaining a conditional use permit and then only if the adult cabaret or sexually oriented business is located at least one thousand (1,000) feet away from the boundary of any residential district, school, church or other building regularly used as a place of religious worship, public park, licensed child care facility or another adult cabaret or sexually oriented business. (Ord. No. 1180 §5, 5-19-05; Ord. No. 1347 §1, 3-20-08)

All real estate and buildings which are owned, leased or occupied by the City of Waynesville are exempt from the provisions of Chapter 405 of the Municipal Code. (Ord. No. 1180 §5, 5-19-05)

Marijuana related uses and facilities, as defined in Section 405.100, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Waynesville.

1. Standards for Medical Marijuana Dispensaries. No building shall be constructed, altered or used for a medical marijuana dispensary without complying with the following regulations:
   1. No medical marijuana dispensary shall be located within three hundred (300) feet of a then existing school, child day-care center or church. In the case of a free-standing facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closet in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare or church to the facility's entrance or exit closest in proximity to the school, day care or church. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. "Then existing" shall mean any school, child day-care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the medical marijuana dispensary first applies for either a zoning or building permit, whichever comes first.
   2. Onsite Usage Prohibited. No marijuana may be smoked, ingested or otherwise consumed on the premises of a medical marijuana dispensary building.
   3. Hours of Operation. All sales or distribution of medical marijuana any other products sold to the public through a medical marijuana dispensary shall take place between the hours of 8:00 A.M. and 10:00 P.M., Sunday through Saturday. Medical marijuana dispensaries shall be secured and closed to the public after the hours listed in this subsection and no persons not employed by the medical marijuana dispensary may be present in such a facility at any time it is closed to the public.
   4. Display of License Required. The medical marijuana dispensary license issued by the State of Missouri shall be prominently displayed in a highly visible location, easily seen by patients on the dispensary's sales floor.
   5. Zoning Limitations. Medical marijuana dispensaries shall be in any general commercial business district located in the City of Waynesville and shall be treated no differently than any business application for a pharmacy, healthcare clinic, dental or doctor's office except for the distance restrictions set forth herein.
   6. Any plans for a medical marijuana dispensary shall be at the standard new construction requirements of all business and commercial district construction outlined in this Title and approved subject to the standard procedures of Chapter 405 of the City of Waynesville General Business Commercial Zoning Code. The City shall not impose any additional requirements in the type of medical facility described in this Section.
2. Standards for Medical Marijuana-Infused Products Manufacturing Facility. Medical marijuana-infused products manufacturing facility shall be completely within an enclosed building.
   No building shall be constructed, altered or used for a medical marijuana-infused products manufacturing facility without complying with the following regulations of Chapter 405 or the City Code of the City of Waynesville.
   1. Distance Requirements. No medical marijuana-infused products manufacturing facility using any combustible gases or CO2 in the extraction process shall be located within three hundred (300) feet of a then existing school, licensed child day-care center or church. Any other medical marijuana-infused products manufacturing facility may be located in any location where a medical marijuana dispensary may be located as detailed above. In the case of a free-standing facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closet in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare or church to the facility's entrance or exit closest in proximity to the school, day care or church. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
   2. Outdoor Operations or Storage. All operations and all storage of materials, products or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
   3. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana-infused products manufacturing facility.
   4. Display of Licenses Required. The medical marijuana-infused products manufacturing facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.
   5. Site Plan Review Required. Any plans for a medical marijuana-infused products facility using combustible gases or CO2 in the extraction process shall meet the standard new construction requirement of the approved zoning district and be subject to the standard procedures of the City of Waynesville Building Code.
3. Standards for Medical Marijuana Cultivation Facilities. No building shall be constructed, altered or used for a medical marijuana cultivation facility without complying with the following regulations of Chapter 405 of the I1 Industrial Districts, I2 Industrial Districts, and MU2 Mixed Use Districts or the City Code of the City of Waynesville.
   1. Distance Requirements. No medical marijuana cultivation facility shall be located within three hundred (300) feet of a then existing school, licensed child day-care center or church. In the case of a free-standing facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closet in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare or church to the facility's entrance or exit closest in proximity to the school, day care or church. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
   2. Outdoor Operations or Storage. All operations and all storage of materials, products or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
   3. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana cultivation facility.
   4. Display of Licenses Required. The medical marijuana cultivation facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.
   5. Site Plan Review Required. Any plans for a medical marijuana cultivation facility shall meet the standard new construction requirements of the approved zoning district and be subject to the standard procedures of the City of Waynesville Building Code.
4. Standards for Medical Marijuana Testing Facilities. Medical marijuana testing facilities shall be completely within an enclosed building, only.
   No building shall be constructed, altered or used for a medical marijuana testing facilities without complying with the following regulations of Chapter 405 of the I1 Industrial Districts, I2 Industrial Districts, and MU2 Mixed Use Districts or the City Code of the City of Waynesville.
   1. Distance Requirements. No medical marijuana testing facility shall be located within three hundred (300) feet of a then existing school, licensed child day-care center or church. In the case of a free-standing facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closet in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare or church to the facility's entrance or exit closest in proximity to the school, day care or church. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
   2. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana testing facility.
   3. Display of Licenses Required. The medical marijuana testing facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.
   4. Site Plan Review Required. Any plans for a medical marijuana testing facility shall meet the standard new construction requirements of the approved zoning district and be subject to the standard procedures of the City of Waynesville Building Code.

No motor vehicle or trailer shall be parked or stored in any area which is designated as R-1 Single-Family Residential District or as R-2 Two-Family Residential District or as R-3 Multi-Family Residential District unless the motor vehicle or trailer has displayed on it a currently valid license plate issued for that vehicle or trailer by the Missouri Department of Revenue (or by a similar agency of another jurisdiction), or the motor vehicle or trailer is kept within a completely enclosed structure. (Ord. No. 856 §5, 12-21-95)

In addition to the area requirements hereinbefore set out, the following shall also apply:

1. Solid fences, walls, and hedges are permitted in front yards not to exceed three (3) feet in height. Open fences are permitted in front yards not to exceed six (6) feet in height. However, on corner lots in any district no fence, wall, hedge or other structure or planting more than three (3) feet height, measured from the crown of the street, shall be erected, placed or maintained within the triangle area formed by the intersecting street lines at points which are twenty (20) feet distant from the point of intersection, measured along said street lines.
2. On corner lots the required side yard setback on the street side of a corner lot shall be twenty-five (25) feet.
3. Exceptions to height regulations.
   1. The height limitations set forth in these regulations shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, grain elevators, silos, bulkheads, and other similar features and necessary mechanical appurtenances usually carried above the roof level.
   2. The provisions of these regulations shall not apply to prevent the erection above the building height limit, of a parapet wall or cornice for ornament (and without windows) extending above such height not more than five (5) feet.
   3. No penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space.
4. The following exceptions shall be made as to yard and area regulations.
   1. Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape or location on hillside lots, such regulations may be modified or determined by the Board of Adjustment.
   2. Where an odd shaped lot has over the required area for its particular district, the width of such lot may be computed in the most buildable portion having minimum area requirements; provided the area regulations for its particular district are complied with.
   3. A parking area may occupy a required rear yard or any part thereof to the rear lot line.
   4. A loading space may occupy a required rear yard or any part thereof to the rear yard lot line.
   5. Building on through lots (lots extending through from street to street) shall have a rear yard setback equal to the front yard setback required in the district in which the lot is located.
   6. In computing the depth of a rear yard where such yard opens onto an alley, one-half (1/2) of the alley width may be included as a portion of the rear yard.
   7. The features of a structure as hereafter set forth shall not be included when calculating lot coverage, nor be considered an infringement into the required yards:
      1. Unenclosed steps, stairways, landings, not extending above the ground level.
      2. Unenclosed surfaced walks and driveways.
      3. Fences.
      4. Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.
      5. Flue or fireplace chimney attached to the main building.
      6. Bay windows extending not more than eighteen (18) inches from the main building.
      7. Open fire escape not projecting into a required side yard more than half the required side yard.
      8. Fire escapes, solid floor balconies and enclosed outside stairways projecting to within ten (10) feet of the rear lot line.
      9. Open unenclosed porches, platforms, carports or landing places, which do not extend above the level of the first (1st) floor of the building, may extend or project beyond established front yard setback line into any front yard ten (10) feet, into any rear yard ten (10) feet, and to any side lot line nearer than three (3) feet, except on a corner lot, and which it shall not come nearer than ten (10) feet to the side street line. (Ord. No. 710, 11-15-90)

1. Accessory buildings, as defined and regulated herein, are permitted in any district.
   1. The following uses are considered accessory buildings.
      1. Private garage, detached.
      2. Wash house.
      3. Tool house.
      4. Servant’s quarters, provided that the quarters shall not be occupied by anyone other than members of the family occupying the main dwelling or the family of a bona fide servant employed on the premises not less than fifty percent (50%) of his or her time by the family occupying the main building to which the servant’s house is an accessory building.
      5. Swimming pool, private.
      6. Satellite TV disk.
      7. Television and radio receiving antennae not exceeding sixty (60) feet in height.
      8. Any detached subordinate building, located on the lot with the main building in which the Planning and Zoning Commission determines the use of which is incidental to the main building or to the main use of the premises.
   2. Location of accessory building.
      1. No detached accessory building hereafter constructed shall occupy a required front yard to be located within five (5) feet of any dwelling existing or under construction on the lot.
      2. No accessory building shall be located closer than five (5) feet to any lot line; in the case of a reversed corner lot, no accessory building shall project closer to the street side yard than the abutting front yard.
      3. On corner lots an accessory building shall not project closer than twenty (20) feet to the street side lot line.
2. Accessory Uses.
   1. Residential districts.
      1. Home occupations limited to the following:
         1. Architect
         2. Artist
         3. Author or writer
         4. Chiropractor
         5. Clergyman
         6. Contractor.
         7. Dentist.
         8. Lawyer.
         9. Engineer.
         10. Musician.
         11. Osteopath.
         12. Physician.
         13. Salesman.
         14. Seamstress or dressmaker.
         15. Teacher or instructor, provided that not more than three (3) students are taught at any one time nor more than twelve (12) students per day.
      2. The following conditions and restrictions apply to such customary home occupations:
         1. That the primary use of the building or structure in which the occupation is situated is clearly the dwelling used by the person as his private residence.
         2. That no assistance or other than immediate member of the family household is employed.
         3. That only one non-illuminated window or sign of two (2) square foot or less in size may be used to advertise the same.
         4. That no equipment or machinery is used in such activities that is perceptible off the premises by reason of noise, smoke, odor, dust, radiation, electrical interference or vibration.
         5. Parking shall be handled in such a manner as to not impede or hinder traffic on any public right-of-way.
      3. Temporary real estate sales office, located on property being sold, and limited to period of sale.
   2. Multi-family uses. Same accessory uses as permitted in "R-1" Districts. Parking area, tenant-used swimming pools, health rooms, recreational buildings, trash collection center, power generators, vending machines for tenant use, and other similar uses.
   3. Commercial districts. Parking area signs as permitted by this and other City ordinances, television and microwave antennae not exceeding thirty-five (35) feet and other similar uses.
   4. Manufacturing districts. Parking and loading areas, signs as permitted by these and other City ordinances, security and screen fencing, radio and microwave towers, gate house, loading equipment and other similar uses. (Ord. No. 710, 11-15-90)

1. All buildings or structures hereafter erected, constricted, reconstructed, moved or altered, and uses of land hereafter commenced shall be provided with off-street parking spaces. Such off-street parking shall be as follows:
   1. Dwellings, including single-family, two-family and multi-family residences and similar structures devoted to habitation and shall be provided at least one (1) off-street parking space for each dwelling unit.
   2. Hotels, including tourist homes, cabins, motels, trailer courts, camps and parks, boarding and rooming houses, dormitories and similar places offering overnight accommodations shall provide at least one (1) off-street parking space for each three (3) guest rooms. If, in addition to those spaces provided for guests, patrons or residents of the above named places, assembly halls, restaurants, night clubs, retail shops or rooms for other shops, service establishments or businesses are provided, additional off-street parking spaces will be required in accordance with the regulations set forth herein for such uses.
   3. Hospitals, including sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirm, and all other similar institutions shall provide at least (1) off-street parking space for each three (3) patient beds, plus at least one (1) additional off-street parking space for each staff and visiting doctors, plus at least one (1) additional off-street parking space per each three (3) employees, including nurses.
   4. Restaurants, including night clubs, lunch counters, diners and all other similar dining and drinking establishments shall provide at least one (1) off-street parking space for each three (3) seats provided for patron use. Drive-in restaurants, sandwich shops, ice cream stands, and all other similar places serving patrons in passenger vehicles shall provide at least one (1) off-street parking space for every one hundred (100) square feet of gross floor area, and in no case less than six (6) off-street parking spaces. This requirement is in addition to any off-street parking required for patrons not served in passenger vehicles; provided, in such cases the dining area for which off-street parking requirement is established by this Section shall not be part of the gross floor area determining the off-street parking requirements for patrons served in their vehicles.
   5. Places of public assembly, including private clubs, lodges and fraternal buildings, assembly halls, exhibition halls, convention halls, auditoriums, skating rinks, dance halls, bowling alleys, sports arenas, stadiums, gymnasiums, amusement parks, race tracks, fairgrounds, circus grounds, community centers, libraries, museums, theaters and all other similar places of assembly shall provide for patron use at least one (1) off-street parking space for each five (5) seats provided for patron use or at least one (1) off-street parking space for each fifty (50) square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients, whichever requires the greatest number of parking spaces.
   6. Retail establishments, including personal service shops, equipment or repair shops, gasoline or other motor fuel stations, motor vehicle sales, or repair establishment, all retail stores and businesses and banks, or other financial and lending institutions shall provide at least one (1) off-street parking space for each one hundred fifty (150) square feet of gross floor area used or intended to be used for service to the public as customers, patrons or clients.
   7. Office buildings, including commercial, governmental and professional buildings and medical and dental clinics shall provide at least one (1) off-street parking space for each two hundred (200) square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients.
   8. Industrial pursuits, including wholesale, manufacturing and industrial plants, warehouses, storage buildings and yards, public utility buildings, contractor equipment, and lumber yards, research laboratories, business service establishments such as blueprinting, printing and engraving, soft drink bottling establishments, fabricating plants, and all structures devoted to similar mercantile or industrial pursuits shall provide at least one (1) off-street parking space for each three (3) employees.
   9. Terminal facilities, including airports, railroad passenger and freight stations, bus depots, truck terminals, and all other similar personal and material terminal facilities shall provide such off-street parking as prescribed by the Planning & Zoning Commission to adequately serve the public and accommodate employees, customers, patrons and visitors.
   10. Schools, including academies, colleges, elementary schools, junior high schools, high schools, prep schools all other similar institutions of learning shall provide at least one (1) off-street parking space for each two (2) employees, including administrators, teachers and building maintenance personnel and shall provide at least one (1) off-street parking space for each twenty (20) students in junior high school and senior high school, including academies and colleges, but excluding elementary schools.
   11. Churches, funeral homes and mortuaries shall provide at least one (1) parking space for each four (4) seats, based upon the greatest requirement of either the designed maximum seating capacity of the general assembly area, or upon the seating requirements for the maximum number of persons attending an event on the premises at any one (1) time in any twenty-four (24) hour period.
   12. Loading space for any commercial or industrial building, hospital, institution or hotel shall provide adequate off-street facilities on the lot for loading and unloading of merchandise and goods within or adjacent to the building in such a manner as not to obstruct pedestrian and traffic movement on the public walks, streets or alleys, including commercial buildings in a C-2 Central Commercial District.
2. Parking spaces shall be in the form of garages, carports or parking lots.
3. Off-Street Parking Locations.
   1. Residential. All required off-street parking spaces shall be located on the same parcel with the dwelling and shall not be within the required front yard.
   2. Commercial. Required spaces may be located on the same parcel as the commercial use, or on an area not more than four hundred fifty (450) feet from the building.
   3. Industrial. Required spaces may be located on the same parcel with the permitted industrial use, or on an area not more than three hundred (300) feet from the parcel.
4. Improvement of Parking Areas.
   1. All parking areas, except those required for single-family and two-family residences shall be surfaced with a permanent asphaltic concrete, portland cement concrete, or double seal on adequate base. Ingress and egress shall be by means of paved driveways not exceeding thirty-five (35) feet in width measured at the street right-of-way line. No parking area shall be permitted within six (6) feet of an adjoining lot located in a residential district.
   2. No motor vehicle shall be parked in the required front yard of a lot or tract of land in any residential district nor in the required front yard of a lot or tract used for residential purposes in any other zoning district, other than in a driveway leading to a required off-street parking space, or area behind the required front yard, or in a circular drive.
   3. Any lights used to illuminate such parking areas shall be directed away from abutting property.
   4. No portion of a parking area shall extend into a street right-of-way except the necessary drives giving access thereto.
5. Downtown off-street parking and loading exceptions. The off-street parking and loading requirements as established by this Section 405.700 Subsections (A-D) do not apply to those non-residential uses located in the downtown area of the City of Waynesville, as is herein defined as that portion of the City located:
   
   On the Zoning Map in the C Commercial Zoned District contiguous to and east of the Roubidoux Creek, generally lying in the downtown area. Non-residential uses located in the downtown area, as herein defined, are not required to provide off-street parking and loading areas. (Ord. No. 710, 11-15-90)

1. Signs Permitted in Residential Districts.
   1. Name plates not exceeding one (1) square foot.
   2. Window display signs not exceeding one (1) square foot.
   3. Temporary real estate signs.
   4. Identification signs not to exceed ten (10) square feet nor six (6) feet in height. (See Section 405.100 for definition of identification sign.)
   5. For any tract of land containing a multi-family area there shall be permitted only one non-illuminated attached or detached sign for each twenty (20) square feet in area and not more than six (6) feet in overall height and such sign shall bear no advertising.
2. Signs Permitted in Commercial and Manufacturing Districts.
   1. Name plates not to exceed four (4) square feet.
   2. Identification signs not to exceed ten (10) square feet.
   3. Advertising signs, not including billboards, not to exceed one hundred (100) square feet. All signs except service station signs, must be attached to a building and may not project more than four (4) feet from the building nor higher than five (5) feet over roof level. Total sign height shall not exceed twenty-five (25) feet.
3. All projecting signs in commercial districts shall be a minimum of ten (10) feet above the street elevation.
4. All signs shall not be located nearer than five (5) feet from the front property line. In the case of corner lots, signs shall not be located in the triangle area formed by the intersecting street lines and a straight-line adjoining said street lines at points which are thirty (30) feet distant from the point or intersection, measured along said street line. (Ord. No. 710, 11-15-90)
   

1. The lawful use of any building, structure or land existing at the time of the enactment of these regulations, (November 15, 1990), may be continued although such use does not conform with the provisions of these regulations; provided however, the right to continue such non-conforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance; provided further, the right of non-conforming uses to continue shall be subject to such regulations as to the maintenance of the premises and conditions of operations as may, in the judgement of the City Council, be reasonably required for the protection of adjacent property; and further, the right of non-conforming uses to continue shall be subject to the specific regulations herein contained.
2. A non-conforming building or structure heretofore constructed may be occupied except as otherwise provided in these regulations.
3. Maintenance and minor repairs necessary to keep a non-conforming building in sound condition, as may be required by law, shall be permitted. However, these regulations shall never be construed to allow an addition to a non-conforming use.
4. A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, shall not be again restored or used for such purpose if the expense of such restoration exceeds fifty percent (50%) of the replacement cost of the building or structure at the time such damage occurred. Any non-conforming building or structure that is not damaged in excess of fifty percent (50%) of the replacement cost of the building or structure may be restored provided restoration is started within six (6) months from the date of partial destruction and is diligently prosecuted to completion. Whenever a non-conforming building or structure is damaged in excess of fifty percent (50%) of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new building.
5. Where no structural alterations are made in any building containing a non-conforming use, such use may be changed to one similar or a higher classification, but no building in which a non-conforming use has been changed to a more restricted use shall again be devoted to a less restricted use.
6. A vacant, non-conforming building or structure lawfully constructed may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of six (6) months after the effective date of this Chapter, (November 15, 1990), and use of a non-conforming building or structure lawfully constructed which becomes vacant after November 15, 1990, may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of six (6) months after the building becomes vacant.
7. A non-conforming use of a conforming building or structure (e.g., commercial use of a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure so changed except to a conforming use. If such non-conforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.
8. A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a lawfully existing non-conforming building or structure which existed prior to the enactment of these regulations shall not be deemed the extension of such non-conforming use.
9. A non-conforming use of any building, structure or land which had been abandoned shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned under the following circumstances:
   1. When the characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months.
   2. When a non-conforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months.
   3. When it has been replaced by a conforming use.
10. Nothing in this Section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect on November 15, 1990. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of new territory or changes in the restrictions of these zoning regulations, the foregoing provisions shall also apply to any non-conforming use existing therein which may become non-conforming. (Ord. No. 710, 11-15-90)

1. Whenever there is doubt as to the classification of a use not specifically listed as mentioned in this Chapter, the determination shall be made by the Planning and Zoning Commission.
2. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the centerline of such vacated street or alley and all areas included in such adjacent district shall then and therefore be subject to all regulations of the extended districts.
3. No building, structure or addition thereto shall be erected over or across any public sewer or utility line, nor upon any plaited or recorded easement.
4. No basement or cellar shall be occupied for resident al purposes until the remainder of the building has been substantially completed. (Ord. No. 710, 11-15-90)

1. Location. Short term rental of a residence or lodging room may be authorized in Zoning Districts R3, C1 and Mixed Use only.
2. Specific Provisions. Short term rental of a residence or lodging room shall adhere to the following:
   1. Approval of Application Required. All short-term rentals must apply for approval through the Building Department of City Hall. The fee for such permit shall be seventy-five dollars ($75.00) and will include the cost of a business license. Depending on approved zoning areas for short-term rentals, a Condition Use Permit may be required to approve a short-rental term rental outside the approved zoning areas.
   2. Conditional Use Permit. Short-term rentals of a residence or lodging room may be allowed in R1 and R2 Districts with an approved Conditional Use Permit. Where use of a property as a short-term rental is authorized by a Conditional Use Permit the Conditional Use Permit shall be issued in the name of the owner of the property and is non-transferable.
   3. The short-term rental shall be located within an existing primary structure residence. Accessory structures shall not be used for sleeping or accommodation purposes.
   4. Number of Guests and Rooms. The following shall be applicable for short term rental of a residence or lodging room, as indicated:
      1. Short Term Rental of a Residence. A maximum of two (2) persons per bedroom, sleeping room or no more persons than the occupancy limit per the International Building Code given assigned to the property by the City Building Official, shall be permitted as approved number of lodging guests.
      2. Short Term Rental of a Lodging Room. A maximum of three (3) rooms per residence may be rented to guests. A maximum of two (2) persons shall be permitted as guests per rented room or no more persons than the occupancy limit per the International Residential Code assigned to the property by the City Building Official.
      3. Signage. Exterior signage shall be limited to one (1) sign of a maximum size of one (1) square foot, which must be attached to the structure and shall not be lighted. No other exterior signage, display or other indication of the variation from the residential character of the building shall be permitted.
      4. The property shall not be rented or used for receptions, parties, wedding or similar activities.
      5. Parking. Both rentals of residences and lodging rooms shall have an approved driveway, garage and/or carport area for adequate parking spaces to accommodate both residents and guests.
         1. Rental of a Residence in R1 and R2 Districts. No less than three (3) parking spaces either on-site or on-street if on-street parking is allowed.
         2. Rental of a Lodging Room in R1 and R2 Districts. No less than one (1) parking space for each rental unit of the residence either on-site or on-street if on-street parking is allowed.
         3. On-street parking shall be determined by the permitting process.
      6. The residence shall maintain a residential appearance and adhere to all applicable codes of the City of Waynesville. Trash receptacles shall be placed at the curb only during trash service days. Noise emanating from the residence shall be at a level typical for a residential home. Visitors of guests shall not be excessive in number or out of character with the residential nature of the property.
   5. The advertisement or offering for rent of a short-term rental without a business license or City permit or the advertising of any short-term rental that is in conflict with the specific provision of this Section or the other provisions of this Chapter shall be considered a violation.
   6. The short-term rental of a residence or lodging room shall be subject to all applicable taxes including lodging taxes, sales taxes and business license regulations.
   7. The short-term rental of a residence or lodging room shall be subject to Fire Code and Building Code inspection requirements.