[CC 1981 §400.010; Ord. No. 638 §§1 — 2(400.010), 11-14-1990]
This Chapter shall be known and may be cited hereinafter as
the "Zoning Ordinance of the City of Winchester, Missouri".
[CC 1981 §400.020; Ord. No. 638 §2(400.020), 11-14-1990]
In order to promote the health, safety, morals, comfort and
general welfare; to conserve and protect property and property values;
to secure proper use of land; to facilitate adequate and economical
public improvements and services; and to lessen or avoid congestion
on the public streets; the following regulations and zones are imposed
on the City of Winchester, Missouri.
[CC 1981 §400.030; Ord. No. 638 §2(400.030), 11-14-1990]
A.
If
any court of competent jurisdiction shall declare any part of this
Chapter to be invalid, such ruling shall not affect any other provisions
of this Chapter not specifically included in said ruling.
B.
If
any court of competent jurisdiction shall declare invalid the application
of any provisions of this Chapter to a particular land, parcel, lot,
district, use, building or structure, such ruling shall not affect
the application of said provision to any other land, parcel, lot,
district, use, building or structure not specifically included in
said ruling.
[CC 1981 §400.040; Ord. No. 638 §2(400.040), 11-14-1990]
A.
The
regulations set by this Chapter within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure
or land, except as hereinafter provided.
1.
No building shall be erected, converted, placed, enlarged, reconstructed
or structurally altered, nor shall any building or land be used except
for a purpose and in the manner permitted in the district in which
the building or land is located.
2.
No land required for yards, open spaces or off-street parking or
loading spaces about an existing building or any building hereafter
erected or structurally altered shall be considered as required yard
or lot area for more than one (1) building.
3.
Every building hereafter erected or structurally altered shall be
located on a lot and in no case shall there be more than one (1) principal
building on one (1) lot except as otherwise provided in this Chapter.
4.
The provisions of these regulations shall be considered the minimum
requirements for the promotion of the public health, safety, morals,
comfort and welfare. Where provisions of the regulations of this Chapter
impose greater restrictions than those of any Statute, other Chapter
or regulation, the provisions of the regulations of this Chapter shall
be controlling. Where the provision of any Statute, other Chapter
or regulation impose greater restrictions than this Chapter, the provisions
of such Statute, other Chapter or regulation shall be controlling.
5.
This Chapter is not intended to abrogate or annul any easement, covenant
or other private agreement provided that where any provision of this
Chapter is more restrictive or imposes a higher standard or requirement
than such easement, covenant or other private agreement, the provision
of this Chapter shall govern.
[CC 1981 §400.090 — 400.100; Ord.
No. 638 §2(400.090 — 400.100), 11-14-1990; Ord. No. 898 §1, 3-24-2004]
A.
Rules Of Construction. For the purposes of this Chapter,
certain rules of construction apply to the text, as follows:
1.
Words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
2.
The terms "shall" and "must" are
always mandatory and not discretionary; the words "may" or "should" are permissive.
3.
For the purposes of this Chapter, certain words and phrases are herein
defined. Words and phrases defined herein shall be given the defined
meaning. Words and phrases which are not defined shall be given their
usual meaning except where the context clearly indicates a different
or specified meaning.
4.
The word "person" includes a firm, organization,
association, partnership, trust, company or corporation, as well as
an individual.
5.
The words "use" or "occupy" shall
include the words "intended", "designed" or "arranged" to be used or occupied.
B.
ABANDONMENT
ABUTTING
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
BARRIER
BASEMENT
BLOCK
BOARD OF ADJUSTMENT
BOARD OF ALDERMEN
BUILDING
BUILDING HEIGHT
BUILDING LINE
CHILD DAY-CARE CENTER
CHURCH
CITY
CITY ENGINEER
DAY CARE CENTER
DEDICATION
DENSITY
DEVELOPER
DEVELOPMENT
DISTRICT
DOMESTIC ANIMALS
DWELLING
DWELLING AREA
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EASEMENT
FAMILY
1.
2.
FAST FOOD RESTAURANT
1.
2.
FENCE
FENCE HEIGHT
FILLING STATION (SERVICE STATION)
FLOOR AREA, GROSS
FRONTAGE
GARAGE, COMMUNITY
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE, STORAGE
GRADE
GROUP HOME
HOTEL OR MOTOR HOTEL (MOTEL)
HOUSE OF WORSHIP
INSTITUTION
KENNEL
LAND SURVEYOR
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DOUBLE FRONTAGE
LOT LINES
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT OF RECORD
LOT WIDTH
MARIJUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA FACILITY
MEDICAL MARIJUANA TESTING FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
NON-CONFORMING USE, BUILDING OR YARD
PARKING AREA
PARKING SPACE
PAVE (PAVEMENT)[1]
PLAT
PRIVACY SCREENING
PROPERTY LINE
PUBLIC USE AREAS
PUBLIC UTILITY FACILITY, LOCAL
RETAINING WALL
RIGHT-OF-WAY
SCREEN PLANTING
SETBACK
SHARP POINTED FENCE
STORY
STREET
STREET, COLLECTOR
STREET, CUL-DE-SAC
STREET FRONTAGE OR SERVICE
STREET, LOOP
STREET, MAJOR (ARTERIAL)
STREET, MINOR
STREET, PRIVATE
STRUCTURAL ALTERATIONS
STRUCTURE
SUBDIVISION
USE
WIRE FENCE
YARD
YARD, DEPTH OF
YARD, FRONT
YARD, REAR
YARDS, SIDE
ZONING CODE
Definitions. The
following words, terms and phrases, where used in this Chapter, shall
have the meanings ascribed to them in this Section, except when the
context clearly indicates a different meaning:
To cease or discontinue a use or activity without intent
to resume, but excluding temporary interruptions to a use or activity
during periods of remodeling, maintaining or otherwise improving the
facility or during periods of vacation or seasonal closure.
Having property or district lines in common.
A subordinate building structure having a use customarily
incident to and located on the lot occupied by the main building.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building or is under an extension of the main roof and designed
as an integral part of the main building.
A use incidental and subordinate to the principal use of
the premises.
A permanent structure, fence, wall, a building wall or combination
thereof which completely surrounds a swimming pool and obstructs access
to the swimming pool.
A floored and walled substructure of a building at least
fifty percent (50%) below the average finished grade of the building.
An area of land within a subdivision that is entirely bounded
by streets, highways or rights-of-way, except alleys, or between streets,
highways, streams, parks, etc., or any other barrier or combination
thereof, to the continuity of development.
A body of persons which may determine and vary this Chapter in accordance with the rules contained within the Board of Adjustment, Article X of this Chapter.
The officially elected Mayor and Aldermen of the City of
Winchester; the term may be abbreviated in this Chapter as Board.
Any structure used or intended for supporting or housing
any use or occupancy.
The vertical distance from the average ground level abutting
a building or structure to the highest point of the roof of a building
or highest point of any permanent part of a structure other than a
building.
A line parallel to a street right-of-way line, edge of a
stream or other property line established on a parcel of land or lot
for the purpose of prohibiting construction of a building or structure
in the area between such building line and right-of-way, streambank
or other property line.
Any 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, where care is provided for children not related to
the child-care provider for any part of the twenty-four-hour day.
[Ord. No. 1084, 10-9-2019]
A building used principally for religious worship, but the
word church shall not include or mean an undertaker's chapel or funeral
building, a religious educational institution or parochial school
or day care center.
City of Winchester, Missouri.
The officially designated or appointed engineer of the City.
A place which provides shelter and personal care on a regular
basis for five (5) or more children who are not related within the
third degree computed according to civil law to the operator, for
four (4) or more hours per day, whether such place be organized or
operated for profit or not. The term "day care center" includes child care facility, kindergarten, nurseries or any other
facility that falls within the scope of the definitions set forth
above, regardless of auspices.
Intentional transfer, by a property owner or developer, to
the public of ownership of or an interest in land for a public purpose.
Dedication may be effected by formal deed of conveyance or by any
other method recognized by the laws of the State of Missouri.
The number of dwelling units per acre of gross land area.
Any person or government agency undertaking any development
as defined in this Chapter. The term "developer" includes
such commonly used references as subdivider, owner or proprietor.
Any subdivision of land as herein defined or any material
change in the use or appearance of any parcel of land subject to provisions
of this Chapter or the act of building structures and/or installing
site improvements.
A section or sections of the City for which the zoning regulations
governing the use of buildings and premises, the height of building,
the size of yards and the intensity of use are uniform.
Animals kept exclusively for the personal enjoyment of the
occupants of a principal building and including those animals normally
kept as pets such as dogs, cats, birds, guinea pigs, etc.
A building or portion thereof designed exclusively for residential
occupancy.
The area of a dwelling composed of those rooms designed for
and exclusively used for residential purposes, including bedrooms,
kitchen, dining room, den/library, bathrooms, family and living rooms
and hallways connecting these rooms.
A detached building arranged, intended or designed for occupancy
by one (1) family.
A building designed for two (2) families living independently
of each other and being located on a single lot.
A room or group of rooms located within a dwelling forming
a habitable unit for one (1) family.
A right of privilege to use a portion of another's property
for a particular purpose.
An individual or married couple and the children thereof and
no more than two (2) other persons related directly to the individual
or married couple by blood or marriage; or
A group of individuals, not exceeding three (3) in number, who
are not related by blood, marriage or adoption and who are living
together in a dwelling unit on the premises as a single housekeeping
unit.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building or
for carry out, and where either:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers and
where customers are not served their food, frozen desserts or beverages
by a restaurant employee at the same table or counter where the items
are consumed, or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
A permanent structure, enclosure or barrier such as wooden
posts, wire, iron, recycled plastic, etc., used as a boundary, means
of protection, privacy screening, or confinement, but not including
hedges, shrubs, trees, or other natural growth.
The distance measured from ground level to the top of the
fence, or in the case of wire fencing, the height shall be measured
by the width of the material used providing that when installed the
material is directly adjacent to the ground level.
Any structure or premises used for dispensing or sales, at
retail, of vehicle fuels or lubricants, including lubrication of vehicles
and replacement or installation of minor parts and accessories, but
not primarily engaged in major repair work such as engine replacement,
body and fender repair or spray painting.
The sum of the gross horizontal area of all floors of a building,
including basement areas, as measured from the interior perimeter
of exterior walls. Such area shall not include the following: interior
loading and parking areas, atriums except the first (1st) floor area,
rooftop mechanical equipment enclosures, and the open mall walkway
areas of shopping centers.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
right-of-way.
A building or portion thereof, other than a public or repair
garage, providing storage for motor vehicles but no other services,
such garage to be in lieu of private garages within a block or portion
of a block.
An accessory building or portion of a main building used
for storage of motor vehicles.
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles and which is operated
for commercial purposes.
A building or portion thereof, except those defined as a
private, a repair or a community garage, providing storage for motor
vehicles with facilities for washing but no other services.
The inclination from the horizontal of a road, unimproved
land, etc., and expressed by stating the vertical rise or fall as
a percent of the horizontal distance.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
A building in which lodging is provided to the public, usually
on a transient basis.
Any church, synagogue, mosque, other building or structure,
or public or private place used for religious worship, religious instruction,
or other religious purpose, exclusive of a personal residence.
[Ord. No. 1084, 10-9-2019]
A building occupied by a non-profit corporation or a non-profit
establishment.
The use of land or buildings for the purpose of selling,
breeding, boarding or training dogs or cats or both, or the keeping
of three (3) or more dogs over four (4) months of age or the keeping
of three (3) or more cats over four (4) months of age or the keeping
of more than a total of two (2) dogs and two (2) cats. The word "selling", as herein used, shall not be construed to include
the sale of animals four (4) months of age or younger which are the
natural increase of animals kept by persons not operating a kennel
as herein defined.
A land surveyor registered in the State of Missouri.
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks.
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
The horizontal surface area within the boundaries of a lot
exclusive of any area designated for street right-of-way purposes.
A lot having frontage on two (2) intersecting streets. On
corner lots, a front building line shall be observed along each frontage.
Includes the total area of all principal and accessory buildings
as measured along the outside wall at ground level or as viewed from
above and including all projections other than open porches, fire
escapes, canopies or the first (1st) three (3) feet of a roof overhang.
Roads, driveways, parking lots and swimming pools shall not be included
in the maximum lot coverage requirement. The percent of lot coverage
shall be computed as follows:
|
Percent of lot coverage
|
=
|
Square feet of ground coverage of
all principal and accessory buildings
Total square feet of lot area
|
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The lines bound a lot as defined herein.
The boundary between a lot and the street on which it fronts.
The boundary line or lines opposite and most distant from
the front street line; except that in the case of uncertainty, the
Planning and Zoning Administrator shall determine the rear line.
Any lot boundary line not a front or rear line thereof; a
side line may be a party lot line, a line bordering on an alley or
place, or a side street line.
A lot recorded in the office of the St Louis County Recorder
or a lot on a parcel described by metes and bounds, the description
of which has also been recorded.
The horizontal distance between side lot lines measured at
the front building line.
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
does 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.
[Ord. No. 1084, 10-9-2019]
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.
[Ord. No. 1084, 10-9-2019]
A facility licensed by the State of Missouri 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 products manufacturing facility.
[Ord. No. 1084, 10-9-2019]
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 in accordance
with applicable law and regulations.
[Ord. No. 1084, 10-9-2019]
A medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana-infused products manufacturing
facility, or medical marijuana testing facility.
[Ord. No. 1084, 10-9-2019]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 1084, 10-9-2019]
A facility licensed by the State of Missouri 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.
[Ord. No. 1084, 10-9-2019]
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment there to which does not,
by reason of design, use or dimensions, conform to the regulations
of the district in which it is situated.
An area of land used or intended for off-street parking facilities
for motor vehicles.
A durable dustproofed, properly graded for drainage, usable
space, enclosed in a main building or in an accessory building or
unenclosed, reserved for temporary storage of one (1) vehicle and
connected to a street, alley or other designated roadway by a surfaced
aisle or driveway. Each such designated space shall comply with the
dimensional requirements set forth in this Chapter.
The act or result of applying Portland cement, interlocking
concrete paving units or asphaltic concrete to any ground surface
in such manner as to present a uniform surface over a large area.
A subdivision of land legally approved and recorded by the
St Louis County Recorder.
If fencing is to function as a screen for any purpose, it
shall be solid and have only a diminimus opaque value.
The legally recorded boundary of a lot, tract or other parcel
of land.
Public parks, playgrounds, recreational areas, designated
scenic or historic sites, school sites or sites for other public building,
and other areas dedicated to public use or enjoyment.
A public utility facility serving a local area only, such
as an electric substation or a water or gas pumping or regulating
station or a telephone switching center.
A structure constructed and erected between lands of different
elevations to protect structures and/or prevent erosion by retaining
or restraining lateral forces of soil or other materials.
A strip of land reserved or acquired by dedication, prescription,
condemnation, gift, purchase, eminent domain or any other legal means
occupied or intended to be occupied by a street, sidewalk, railroad,
utility, sewer, or other similar use.
A hedge of closely spaced shrubs with dense foliage in all
seasons which shall be solid and have only a diminimus opaque value.
See "BUILDING LINE".
A barbed fence, a fence with spikes, other sharp points or
a razor blade fence.
That part of a building included between the surface of one
(1) floor and the surface of the floor next above or, if there be
no floor above, that part of the building which is between the surface
of a floor and the ceiling next above. A top story attic is a half
story when the main line of the eaves is not above the middle of the
interior height of such story. The first (1st) story is a half story
when between fifty percent (50%) and seventy-five percent (75%) of
the area of its exterior walls are exposed to outside light and air
entirely above grade and which exterior walls contain windows or doors
permitting the entrance of daylight and outside air.
A general term denoting a public or private way which affords
the principal means of vehicular access of abutting property. The
term includes all facilities which normally occur within the right-of-way;
it shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, court
but shall not include an alley or pedestrian way.
Streets which move traffic from major streets, which distribute
traffic regionally to minor streets, which distribute traffic to individual
lots, parcels and uses within subdivision, area or neighborhood. Collector
streets also may serve individual lots, parcels and uses as a secondary
or additional function.
A short, independent, minor street terminating in a circular
turnaround.
A minor street generally parallel to and adjacent to arterial
streets and highways which provides access to abutting properties
and protection from through traffic.
A short, independent street which usually terminates along
the same collector street of its origin.
A street utilized for high vehicular speeds or for heavy
volumes of traffic on a continuous route.
Streets which serve a local neighborhood and may be in the
form of a cul-de-sac or loop street; provided however, that any combination
of loop and cul-de-sac streets may be utilized without the streets
being designated as collector streets, provided that such an arrangement
serves the same function and also that maximum fronting lots do not
exceed the total which would be allowed within provisions of the street
specifications matrix.
A private way which affords the principal means of vehicular
access to abutting property and is owned by the abutting property
owners or in common by a group of property owners.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girder or the addition of new
electrical circuits or plumbing fixtures to the building.
That which is built or constructed including, without limitation
because of enumeration, buildings for occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground. For
the purposes of this Chapter, items such as basketball goals and uprights,
bird baths, swing sets and landscaping-related site amenities such
as benches, yard lighting, statuary and landscape timbers used to
define yard areas shall not be considered an accessory structure for
the purpose of yard requirements.
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets
and changes in lot lines.
The purpose or activity for which a piece of land or its
buildings is designed, arranged or intended or for which it is occupied
or maintained.
A fence whose principal material is wire. This includes chain
link fences, hog wire fences, chicken wire fences, mesh fences, etc.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided.
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 least horizontal distance between the lot line and the building
shall be used. Where lots abut a street, all yards abutting said street
shall be measured from the street right-of-way.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard.
The duly approved, enacted and amended ordinance which controls
and regulates land use in the City of Winchester.
