Winfield City Zoning Code
ARTICLE I
General Provisions
§ 155.001 Purpose and Title.
[2003 Code, § 155.01; Ord. passed - -1996; Ord. passed - -1997]
(A)
This chapter is enacted for the purpose set forth and provided for in RSMo. § 89.020; that is, among other things, to promote health, safety, morals or the general welfare of the community.
(B)
This chapter should be designed: to lessen congestion in the street; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air, to prevent the overcrowding of lands; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. This chapter should be made with a view to conserving the values of buildings and encouraging the most appropriate use of land.
§ 155.002 Definitions.
[2003 Code, § 155.02; Ord. passed - -1996; Ord. passed - -1997; amended 12-10-2020 by Ord. No. 2020-007; 5-11-2023 by Ord. No. 2023-08; 5-7-2024 by Ord. No. 2024-02]
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word BUILDING should include the word STRUCTURE and PREMISES; words INTENDED, DESIGNED or ARRANGED TO BE OCCUPIED; the word LOT includes the words PLOT or PARCEL, and the word PERSON includes a firm, association, organization, partnership, trust, company, corporation, as well as an individual. Any word not here defined should be as defined in any recognized, standard English dictionary.
ACCESSORY BUILDING OR USE
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.
ALLEY
A public thoroughfare which affords only a secondary means of access of abutting property.
APARTMENT HOUSE
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.
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.
BASEMENT
A story partly or wholly underground. A BASEMENT should be characterized as a story for purpose of height measurement, where more than one-half of its height is above the average level of the adjoining ground.
BILLBOARD
Any structure or part thereof on which is lettered, pictured or displayed matter, the chief purpose of which is for advertising or publicity.
BLOCK
An area of land bounded by streets, railroad rights-of-way, shorelines of streams or other waterways or other lines of demarcation, or a combination thereof.
BOARD OF ALDERMEN
The chief legislative body of the city.
BUILDING, FRONT LINE OF
A line of that base of the building nearest the front line of the lot. This base includes some parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which that building is situated.
CITY
The City of Winfield, Missouri.
CLINIC
An institution, building or part of a building where outpatients receive medical care or treatment.
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.
COMMERCIAL FEED LOT
An area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
COMMISSION
The City Planning Commission.
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 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.
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.
DISTRICT
Any section of the city wherein the regulations of this chapter are uniform.
DWELLING
Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLE
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.
DWELLING, SINGLE-FAMILY
A building designed or occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building designed or occupied exclusively by two families living independently of each other and doing their own cooking therein.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single, habitable unit with facilities for living, sleeping and cooking.
EASEMENT
A grant by the owner of the use of land for a person or persons, or the general public for a specified purpose.
ENGINEER
A registered professional engineer authorized to practice engineering in the state.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, or underground or overhead gas, electrical, steam or water transmission or distribution assistance, collection, communication, supply or disposal systems, including pools, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.
ESTABLISHED GRADE
The elevation of the centerline of the highway in front of the center of the lot, as established by the City Engineer, or other entity.
FAMILY
One or more persons related by blood or marriage, including adopted children, or a group of not-to-exceed five persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single, non-profit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwellings of group use. A FAMILY should be deemed to include domestic servants employed by the family.
GARAGE, PRIVATE
A building used only for the housing of motor vehicles without their equipage for operation, repair, hire or sale.
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.
HOSPITAL
An institution for the medical or surgical care of the sick and injured on a confined basis.
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.
JUNKYARD
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for sale of parts thereof.
LOADING SPACE
An off-street space or berth on the same lot as a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
LOT
A platted parcel of land to be separately owned, developed or otherwise used as a unit.
LOT OF RECORD
A lot or parcel of land, the deed to which has been recorded in the office of the County Clerk and/or the county’s Recorder of Deeds prior to the adopting of these regulations.
MANUFACTURING
Fabrication from raw materials into a product suitable for use by hand or machinery.
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 resin extracted from the plant and marijuana-infused products. "Marijuana" or "Marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA FACILITY
Any medical or comprehensive marijuana facility defined in this Section.
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 FACILITY
Any of the following:
MEDICAL MARIJUANA CULTIVATION FACILITY — 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. |
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY — 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. |
MEDICAL MARIJUANA DISPENSARY FACILITY — 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 FACILITY — A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana. |
MOBILE HOME
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.
MOBILE HOME COURT or TRAILER PARK
Any lot or parcel used for two or more mobile homes, trailers or camp cars, or other portable or mobile shelters used for living purposes.
NON-CONFORMING USE
Any building or land lawfully occupied and being used at the time of passage of these regulations in a manner which does not conform with the use regulations of the district within which it is located.
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.
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.
PARKING SPACE
A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile (not less than ten feet wide and 20 feet long) connected to a public street or alley by a surface driveway and permanently reserved for the parking or storage of one motor vehicle.
PERMITTED USE
A use which may be lawfully established in a particular district or districts; provided, it conforms with all the requirements, regulations and performance standards of the district.
PERSON
Individual, state, county, other political subdivisions, firm, association, organization, partnership, trust, company or corporation.
PLAT
A map, plan or layout of a city, township, section or subdivision indicating the scale, location and boundaries of individual properties.
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.
RECREATIONAL VEHICLE
A motor vehicle or trailer that includes living quarters designed for accommodation.
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.
SPECIAL USE
A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission.
STORY
The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
STREET
Any public or private right-of-way which affords the primary means of access to abutting property.
STRUCTURAL ALTERATION
Any change, except those required by law or ordinance, which would prolong the life of the supporting members of the building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTURE
Anything constructed or erected.
SUBDIVISION
The division of a parcel of land into two or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
TRAILER
A vehicle designed for carrying persons or property on its own structure and for being drawn by another motor vehicle, including, but not limited to, box trailers, utility trailers, and flatbed trailers.
TRAVEL TRAILER
A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacational use; with the manufacturer’s permanent identification TRAVEL TRAILER thereon; and when factory equipped for the road, being of any length provided its gross weight does not exceed 4,500 pounds, or being of any weight; provided, its overall length does not exceed 28 feet.
USE
The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is, or may be occupied or maintained.
YARD
An open space other than a court on the same lot with a building or a group of buildings, in which the open space lies between the building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward.
YARD, FRONT
A space extending across the width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a main building line parallel thereto on the lot.
YARD, REAR
A space extending across the width of the lot, and situated between rear lot lines and the rear line of the main building projected to side lines of lot.
YARD, SIDE
A yard between the main building and the side lot line and extending from the front lot line to the rear lot line.
§ 155.003 Adoption and Approval of Major Street Plan.
[2003 Code, § 155.03; Ord. passed - -1996; Ord. passed - -1997]
(A)
Introduction. The Planning and Zoning Commission shall adopt and approve a major street plan and subdivision regulation.
(B)
Public improvements; how approved. Upon adoption of a major street plan and subdivision regulations, the city shall not accept, lay out, open, improve, grade, pave or light any street, or lay or authorize the laying of water mains, sewers or connections for other utilities in any street within the city unless the street has received legal status as a public street prior to the adoption of a city plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Board of Aldermen or Planning and Zoning Commission or on a street plan made by and adopted by the Planning and Zoning Commission. The Board of Aldermen may locate and construct, or may accept any other street if the ordinance or other measure for the location and construction is first submitted to the Planning and Zoning Commission for its approval and approved by the Planning and Zoning Commission or, if disapproved by the Planning and Zoning Commission, is passed by the affirmative vote of not less than two-thirds of the entire membership of the entire Board of Aldermen.
(C)
Effect of adoption. After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the city unless the street giving access to the lot upon which the building is proposed to be placed conforms with the requirements of division (B) above.
§ 155.004 Establishment of Building Lines.
[2003 Code, § 155.04; Ord. passed - -1996; Ord. passed - -1997]
When the plan for major streets is adopted, the Board of Aldermen, upon recommendation of the Planning and Zoning Commission, is authorized and empowered to establish, regulate, limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback line. The Board of Aldermen is authorized to prohibit any new building being located within a proposed site or right-of-way when the centerline of the proposed street or the limits of the proposed site have been carefully determined and accurately delineated on maps approved by the Planning and Zoning Commission and adopted by the Board of Aldermen. This section shall be administered and enforced by the Board of Aldermen.
§ 155.005 Use of Unapproved Plat and Sale of Land.
[2003 Code, § 155.05; Ord. passed - -1996; Ord. passed - -1997]
No owner, or agent of the owner, or any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell or negotiate to sell the land by reference to or by other use of a plat of any purported subdivision of land before the plat has been approved by the Board of Aldermen or Planning and Zoning Commission and recorded in the office of the county’s Recorder. Any person violating the provisions of the section shall forfeit and pay to the city a penalty not to exceed $300 for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty as well as all associated costs and expenses of such action including, but not limited to, reasonable attorney fees.
§ 155.006 Additional Provisions.
[2003 Code, § 155.06; Ord. passed - -1996; Ord. passed - -1997]
The following uses are permitted in their respective designated districts; provided, they meet the standards prescribed.
(A)
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.
(B)
Public buildings. Public, semi-public or public service buildings, hospitals or schools may be erected to any height; provided, one additional foot of setback is provided for each two additional feet of the building height above the prescribed limit for the district in which the building is located.
(C)
Utility easements. No building or addition thereto shall be erected over or across any existing public utility, nor upon any platted easement.
(D)
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.
(E)
Utilities. Utilities shall be buffered or landscaped in a suitable manner as determined by the Board of Aldermen.
(F)
Chimneys, towers, spires and the like. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers or necessary mechanical appurtenances may be erected to a height in accordance with the provisions of these regulations.
