Winchester City Zoning Code
ARTICLE IV
Supplementary Regulations
[1]
Cross Reference — As to supplementary regulations concerning video services providers, §620.020.
Section 405.120 Attached and Detached Buildings.
[CC 1981 §410.030; Ord. No. 638 §2(410.030), 11-14-1990; Ord. No. 716 §1, 8-10-1994; Ord. No. 876 §§1 — 2, 5-28-2003; Ord. No. 955 §1, 12-12-2007]
A.
No accessory building of any kind shall be erected on a utility easement.
B.
Any attached accessory building shall be considered as part of the main building and conform to all regulations applicable to said main building.
C.
No accessory building shall be erected within the required front setback area.
D.
The minimum distance of any accessory building from any rear property line shall be a minimum of ten (10) feet, and any side property line shall be a minimum of five (5) feet.
E.
Detached accessory buildings and structures in the "R" Residential and "C" Commercial zoning districts shall conform to the following:
1.
No detached accessory building or structure shall be permitted in any required front yard.
2.
All detached accessory buildings and structures shall require a building permit. Said buildings and structures shall meet the required setbacks of the zoning district.
3.
No more than one (1) detached accessory structure shall be permitted on any lot.
4.
Detached accessory buildings and structures shall comply with the following:
a.
Such accessory buildings and structures may be allowed only in the rear yard and shall be located behind the main building. Where a lot borders on two (2) streets, no accessory building or structure shall be located within any front yard setback.
b.
No more than one (1) structure shall be erected on any lot.
F.
No accessory structure shall be more than twenty (20) feet in overall height.
G.
Accessory building shall be no greater in gross floor area than the smaller of one and one-half (1½) times the ground floor area of the main building on the premises or twenty-five percent (25%) of the minimum rear yard required by the applicable zoning district classification of the parcel of land where it is being built.
Section 405.130 Building Structures for Temporary or Emergency Use.
[CC 1981 §410.040; Ord. No. 638 §2(410.040), 11-14-1990]
No temporary structure (including trailers/mobile homes) shall be occupied for any residential, commercial or industrial use except as specifically permitted or required by this Code. However, the Building Commissioner may allow a temporary office or shelter incidental to a new development. Occupancy of structures for emergency conditions such as fire, explosion or disaster shall be allowed until conditions are abated.
Section 405.135 Temporary Storage Units.
[Ord. No. 954, 12-12-2007]
A.
Definitions. As used in this Section, the following term shall have the meaning set out herein:
TEMPORARY STORAGE UNIT (Portable on Demand Storage)
A transportable boxlike container intended for the purpose of storing household goods and other personal property that is intended to be filled, refilled or emptied while located outdoors on a residential property for a limited period of time.
B.
Supplemental Regulations.
1.
Application/zoning approval. Except where herein otherwise stated, no temporary storage unit shall be placed on or at a property without obtaining a zoning permit. To obtain a zoning permit, the property owner(s) or property manager, in the case of rental property, shall obtain zoning approval from the City's Code Enforcement Official. To obtain zoning approval, the property owner(s) or property manager shall complete an application form provided by the City.
2.
Applications for permits shall include, but not be limited to, the following:
a.
The names, addresses and telephone numbers of the owner or manager of the property on or at which the temporary storage unit is to be placed;
b.
The name, address and telephone number of the individual or company which owns the temporary storage unit;
c.
A plot plan showing the proposed location of the unit on the site in relation to the street, driveway or parking area, dwelling and other structures on the site; and
d.
Such other information as the City may require to determine full compliance with this and other applicable ordinances of the City.
3.
In the case of a tenant or property owner using the same temporary storage unit for the purposes of moving between properties within the City, only one (1) zoning permit will be required. Plot plans as per Subsection (B)(2)(c) above shall be submitted for both locations.
C.
Duration. Temporary storage units may be placed on or at a property for a period not to exceed fourteen (14) calendar days. At the end of the fourteen (14) day period, the applicant may request an extension of an additional seven (7) days from the City Code Enforcement Official who shall issue an extension for good cause. In no case, however, shall a temporary storage structure be placed on or at a property more than twenty-eight (28) days in a calendar year.
D.
Size. Temporary storage units shall be no greater than one thousand one hundred (1,100) cubic feet in size.
E.
Number Of Units. Only one (1) permit for a temporary storage unit shall be issued for a dwelling at any one time.
F.
Location. Placement of temporary storage units shall meet all of the following provisions:
1.
The unit shall be placed either in the driveway or in an approved paved parking area.
2.
The unit shall not be placed within any public right-of-way including sidewalks.
3.
At the discretion of the Code Enforcement Official, the unit may be placed in an alternative location, provided that the alternative location does not create an unsafe condition.
G.
Signs.
1.
Signage on temporary storage units shall be as per the Sign Code Section of the Zoning Code.
2.
Signs on temporary storage units identifying the owner or provider of the storage unit and not including the advertisement of any other product or service.
H.
Miscellaneous.
1.
Temporary storage units shall be locked and secured by the property owner or tenant at all times when loading or unloading is not taking place.
2.
Storage of hazardous material within temporary storage units is prohibited.
Section 405.140 Building Grades.
[CC 1981 §410.060; Ord. No. 638 §2(410.060), 11-14-1990]
A.
Any building site shall have a sloping grade and shall be maintained to cause the flow of surface water to flow away from the walls of the building. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance.
B.
When a new building is constructed on a vacant lot, the new building and the yard around the new building shall be graded in such a manner as not to alter the natural flow of water across adjacent properties.
C.
Building Height/Exception. The height limitations of this Chapter shall not apply to church spires, domes or skylights, ventilators, water tanks or other necessary mechanical appurtenances.
Section 405.150 Sight Triangle.
On a corner lot in any district, new residential, commercial and industrial developments shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points thirty (30) feet from their point of intersection or at equivalent points on private streets, except that the site triangle shall be increased for certain uses when deemed necessary for traffic safety by the City Traffic Engineer.
Section 405.160 Fences.
[CC 1981 §415.010; Ord. No. 638 §2(415.010), 11-14-1990; Ord. No. 855 §§1 — 2, 4-24-2002]
A.
Fence Types And Heights.
1.
Fences shall not exceed six (6) feet in height, with the exception of hedges and shrubs which do not have a height restriction unless they are located on a corner lot.
2.
Fences or a landscaped screen on corner lots shall not be built or allowed to grow in a height to obstruct driver vision from passing automobiles. Fences cannot be erected in front of a building; however, on side and rear yards the fence may be constructed on the property lines. On a corner lot, the fence may not extend beyond the building line on either side of the yards adjacent to the two (2) streets.
3.
Any fence must be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside of the fence area or hidden from both the neighbor's and general public's view.
4.
All exposed steel/metal fences except galvanized metal fences shall have a colored finish coat applied to them and be preserved against rust and corrosion.
5.
If a fence extending beyond the building lines is to abut the front yard of a residentially used property, said fence shall be decorative or ornamental and shall be restricted to four (4) feet in height and shall be at least fifty percent (50%) open. Chain link fences, wire fences, wire mesh fences, snow fences, or fences constructed in any part with such materials that shall not be considered decorative or ornamental.
6.
Fencing for swimming pools shall meet the requirements of this Section as well as all other applicable regulations of the City of Winchester.
B.
Design And Maintenance.
1.
All fences shall be maintained in their original upright condition.
2.
Fences designed for painting, staining or similar surface finishes including steel/metal fences shall be maintained in their original painted condition as designed.
3.
Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.
4.
Maintenance of fencing shall be the responsibility of the property owner(s) or occupant.
C.
Prohibited Fences.
1.
Fences exceeding a height of six (6) feet.
2.
Front yard fences, other than decorative fencing.
3.
Sharp pointed fences.
a.
No fence shall be constructed solely of a single wire or of two (2) wires between posts or supports.
b.
No fence shall be constructed in whole or part, of barbed wire.
4.
Hog wire, chicken wire or mesh wire, etc.
5.
No person shall erect, cause to be erected, maintain or cause to be maintained any fence which is charged with electrical current, or other fencing material deemed harmful to humans.
6.
Cloth, canvas or any other like material.
7.
Fences of more than two (2) non-prohibited fencing materials.
8.
It shall be unlawful for any person to paste, stick or put upon any fence within the City any indecent, grossly written words or painted advertisements, posters or circulars.
D.
Permits. No permit shall be required for the erection, installation or alteration of any fence in the City of Winchester providing that the fence is in compliance with this Section.
Section 405.170 Home Occupations.
[CC 1981 §420.010; Ord. No. 638 §2(420.010), 11-14-1990]
A.
Home occupations shall be permitted as an accessory use in any "R" Residential District, subject to the requirements of this Section.
1.
Home occupations shall be operated entirely from an enclosed structure and shall not occupy more than fifteen percent (15%) of the total floor area of the main residential building, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.
2.
No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a residence, nor shall there by any other visible evidence of conduct of the home occupation.
3.
No outdoor storage, display or sale of materials, commodities, stock-in-trade or equipment used in the home occupation shall be permitted.
4.
No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
5.
No equipment shall be utilized that creates a nuisance due to odor, vibration, noise, electrical interference or fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted.
6.
Parking generated by the conduct of a home occupation shall be provided off-street and other than in a required front yard.
7.
The following uses are specifically excluded as home occupations: beauty shops, barber shops, music schools, convalescent or nursing homes, tourist homes, massage parlors or other establishments offering services to the general public. The care and supervision of not more than four (4) children other than those residing on the premises shall be considered a home occupation. The keeping of not more than two (2) roomers or boarders shall be considered a permitted home occupation.
Section 405.175 Satellite Earth Stations.
A.
Purpose.
1.
The purpose of the following regulations for the conditional use of satellite earth stations is to improve the aesthetic appearance of these structures within all zoning districts and to ensure installation of satellite earth stations which serves the public health, safety and welfare.
2.
The regulations shall not impose unreasonable limitations on, or prevent reception of satellite delivery signals by, receive-only antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.
3.
Satellite earth stations which are permitted in the underlying zoning district are exempt from the regulations contained herein. Non-exempt satellite earth stations shall require a conditional use permit as provided herein and in Section 405.220.
B.
Building Codes And Safety Standards.
1.
All satellite earth stations shall meet or exceed the standards and regulations contained in applicable State and local Building and Electrical Codes as well as the applicable standards published by the Electronics Industries Association, as amended from time to time.
2.
In no case shall satellite earth stations be permitted to be attached to a portable device. Any satellite earth station must be stationary. The location of a satellite earth station shall be as approved by the City Engineer on the site plan or plot plan of the property.
C.
Aesthetic Standards.
1.
No message or identification, other than the manufacturer's identification, shall be allowed to be portrayed on a satellite earth station antenna. The message or identification shall not exceed .25 square feet in area. Satellite earth stations shall be limited to mesh construction; however, a satellite earth station eight and one-half (8½) feet or less in diameter may be either of mesh or solid construction. All dishes shall be finished in a single neutral, non-reflective color and surface which shall blend with the natural surroundings.
2.
Any ground-mounted satellite earth station shall be located in the rear yard, provided that on a corner lot, the satellite earth station cannot be located any closer to the side street than the principal building located on the lot. On any lot other than a corner lot, the satellite earth station shall be placed in an area bounded by the side yard setback lines, the rear wall line of the primary structure, and the rear yard setback line. The side and rear setback lines shall be in accordance with the setback requirements of the underlying zoning district.
3.
Ground-mounted satellite earth stations in non-residential districts shall be located in a designated service area outside of any required landscape area or front and side yard setback area. The satellite earth station shall not be placed in the area between the front setback line and the structure.
4.
Screening.
a.
Screening of satellite earth stations shall serve to reduce the visual impact on adjoining properties without impeding the "line of sight" of satellite earth station reception. The location and type of screening shall be as approved by the City Engineer on the site or plot plan.
b.
Screening shall be accomplished through the use of fencing, landscaping in the form of evergreen and deciduous trees, and shrubbery, structures or topography. For ground-mounted satellite earth stations in residential districts, trees and shrubs shall be at least one-half (½) the height of the satellite earth station at the time of planting. (The center of the satellite earth station shall be determined as the point where the satellite earth station is attached to its base when viewed from off the site.) The landscaping material shall be maintained and replaced as needed.
c.
Screening of roof-mounted antenna in non-residential districts is required up to three (3) feet, or to the center of the satellite earth station, whichever is greater. The design and material composition of the screening shall be compatible with the existing building design and colors and shall be approved by the City Engineer.
5.
For residential zoning districts, the height of ground-mounted satellite earth stations shall not exceed eight (8) feet above the average grade. All satellite earth stations in residential districts, which are one (1) meter or greater in diameter, shall be ground mounted unless the applicant can establish the applicability of Section 405.175(A)(2). The satellite earth stations shall not exceed a diameter of six (6) feet. Roof-mounted satellite earth stations in non-residential districts shall not exceed eight (8) feet in diameter or a total structure height of ten (10) feet.
Section 405.178 Medical Marijuana Regulations.
[Ord. No. 1084, 10-9-2019]
A.
Personal Cultivation Of Marijuana.
1.
Personal cultivation of marijuana, as permitted by Missouri law, shall be subject to the following standards:
a.
Only those individuals licensed by the State of Missouri for personal cultivation of medical marijuana may cultivate marijuana under this Section.
b.
All cultivation activities shall occur only within an enclosed building equipped with security measures sufficient to prevent access by children or other unauthorized persons.
c.
Personal cultivation of plants shall be limited in type and number as allowed by Missouri law.
d.
Cultivation activities may occur only on parcels with an existing legal residence occupied by a full-time resident holding a personal cultivation license from the State of Missouri.
e.
All buildings used for cultivation shall be equipped with odor-control filtration and ventilation systems such that odors of marijuana cannot be detected from outside the building.
f.
Lighting shall utilize best management practices and technologies for reducing glare, light pollution, and light trespass onto adjacent properties and shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.
g.
The use of generators to power cultivation equipment is prohibited, except as short-term temporary emergency backup.
h.
Any person or entity licensed by the State of Missouri for cultivation as a patient or a primary care giver shall be in compliance with the requirements of the license at all times.
2.
Any failure of compliance shall be a violation of this Section, punishable upon conviction as provided in Article IV of this Code. In addition, such non-compliance may be evidence of the existence of a public nuisance, which may be acted upon as provided in Chapter 215 of this Code.
B.
Medical marijuana facilities, as permitted by Missouri law, shall be subject to the following standards:
1.
No such use shall be sited within five hundred (500) feet of any then-existing elementary or secondary school, child day-care center, or house of worship, measured as follows:
a.
Freestanding facility: measured from the external wall of the facility structure closest in proximity to the school, child day-care center, or house of worship to the closest point of the property line of the school, child day-care center, or house of worship. If the school, child day-care center, or house of worship is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, child day-care center, or house of worship closest in proximity to the facility.
b.
Non-freestanding facility: measured from the property line of the school, child day-care center, or house of worship to the facility's entrance or exit closest in proximity to the school, child day-care center, or house of worship. If the school, child day-care center, or house of worship is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, child day-care center, or house of worship closest in proximity to the facility.
c.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
2.
Medical marijuana facility activities shall occur only within an enclosed building.
3.
All structures used for medical marijuana facility activities shall be equipped with odor-control filtration and ventilation systems such that the odors of marijuana cannot be detected from outside the structure. An odor mitigation plan shall be submitted to the City during either the site plan review process or the occupancy permit process, whichever occurs first.
4.
Lighting shall utilize best management practices and technologies for reducing glare, light pollution, and light trespass onto adjacent properties and shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.
5.
Any person or entity licensed by the State of Missouri for a medical marijuana facility shall be in compliance with the requirements of the license at all times, and any failure of compliance shall be a violation of this Section, punishable upon conviction as provided in Article IV of this Code. In addition, such non-compliance may be evidence of the existence of a public nuisance, which may be acted upon as provided in Chapter 215 of this Code.