[Ord. No. 3631 § 3, 10-27-2016[1]]
A.
For the purpose of this Chapter, the term "accessory use" shall also
include accessory buildings and structures. As set forth in the definitions,
to be considered an accessory use, a use, building or structure must
be incidental to, subordinate in size or purpose, and customary in
conjunction with the principal building, structure or principal use
and is located on the same lot as the principal building, structure
or principal use.
B.
Permitted accessory uses, include, but are not limited to, the following:
1.
Detached private garages.
2.
Detached carports.
3.
Greenhouses (non-commercial).
4.
Swimming pools (in-ground and above ground), including hot tubs
and elevated pool decks.
5.
Tennis, basketball, volleyball, and other similar sport courts.
6.
Storage structures.
7.
Private stables located in the "R-1" Zoning District.
8.
Accessory uses related to a permitted farm use located in the
"R-1" Zoning District.
C.
A permit is required for any accessory building or structure, except
accessory uses that are:
1.
Unattached to the ground and less than one hundred twenty (120)
square feet in size; or
2.
A home occupation.
3.
Qualifying Patient Medical Marijuana Cultivation as authorized by
Article XIV, Section 1 of the Missouri Constitution.
[Ord. No. 3917, 4-25-2019]
Exemptions from the permit requirement shall not be deemed to
grant authorization for any accessory use to be constructed and maintained
in violation of this Chapter, the Zoning Code or any other laws or
ordinances of the City.
|
D.
All accessory uses shall conform to the requirements of this Chapter
as necessary to ensure the public's safety and general welfare.
E.
All accessory uses shall be adequately attached to the ground and
shall be erected in a secure and wind-resistant manner.
F.
Accessory buildings or structures shall not be used for dwelling
purposes.
G.
Storage structures may be erected upon a lot in a Residential District
prior to the construction of the principal structure provided that
said storage structure does not encroach the required front setback
of the Zoning District and has a minimum setback of five (5) feet
from all other lot lines.
H.
The height or size of an accessory use shall not exceed the height
or size of the principal building; except in the "R-1" District where
the principal use of the property is residential, the height of the
accessory use may exceed the height of the principal building but
shall not be permitted to exceed twenty (20) feet in height.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
I.
No more than one (1) storage structure shall be permitted on any
lot in the Residential Zone Districts.
[Ord. No. 3840, 8-23-2018]
J.
Except as otherwise provided in Subsection (H) above, detached private garages and detached carports associated with a residential use shall not exceed twenty (20) feet in height, or the height of the principal building, whichever is less.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
K.
Except as otherwise provided in Subsection (H) above, storage structures associated with a residential use shall not exceed twelve (12) feet in height.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
L.
No accessory use, except detached private garages, detached carports,
sport courts and swimming pools, shall be larger than ten percent
(10%) of the rear yard of the lot. In no event shall the total square
footage of all accessory uses on a lot exceed thirty percent (30%)
of the total rear yard area.
M.
Except as otherwise provided within this Title IV or in the following
circumstances, accessory uses may only be located within the principal
building or within the rear yard of any lot and have a minimum setback
at least five (5) feet from any adjacent lot line.
1.
Temporary roadside stands offering for sale farm products produced
on a lot within a Residential District may be located within the front
yard.
2.
Temporary lemonade stands or similar temporary stands operated
by minors on a lot within a Residential District may be located within
the front yard.
3.
Retaining walls may be located in any yard of the lot in which
it is constructed.
[Ord. No. 3631 § 3, 10-27-2016; Ord. No. 3824, 7-26-2018]
A.
Accessory buildings or structures that are two hundred (200) square feet or more in size shall require Site Plan Review (See Chapter 447).
B.
Enclosed accessory buildings that are two hundred (200) square feet
or more in size shall have exterior building materials that are compatible
with the with the principal building to which it is related.
[Ord. No. 3631 § 3, 10-27-2016]
A.
Home occupations are allowed as an accessory use, provided that the home occupation meets the definition provided in Section 400.030(B) of this Code and that:
1.
No person not a resident on the premises is employed.
2.
No stock-in-trade or commodities shall be displayed on the premises.
3.
No internal or external alterations or special construction
of the premises is involved.
4.
No equipment or materials shall be used which creates offensive
noise, vibrations, sound, smoke, dust, odors, heat, glare, x-ray or
electrical disturbance to radio or television instruments.
5.
No generation of unreasonable volumes of vehicular or pedestrian
traffic or parking demand is created nor shall the traffic create
a nuisance nor block or interfere with the regular flow of traffic.
Additionally, no commercial vehicle shall be used in connection with
the home occupation for delivery of goods to or from the premises,
nor parked on the property. This provision does not preclude the delivery
of mail or packages by the Postal Service or by private or public
shipping and courier services. Home occupations shall not generate
more than an average of one (1) truck delivery per day.
6.
Equipment or materials used in the home occupation may not be
stored outdoors.
B.
Within the above requirements of Subsection (A), a home occupation, includes, but is not limited to, the following: Art studio; babysitting limited to four (4) children at one (1) time; dressmaking; millinery; office of a physician or dentist for consultation or emergency treatment, but not for general professional practice; professional office of a real estate agent, insurance agent or similar occupation; and teaching limited to not more than four (4) pupils at one (1) time. A home occupation shall not be interpreted to include barbershops, beauty shops, auto repairing, antique shops, sign painting, restaurants, electrical appliance shops or any light manufacturing or assembling operations.
[Ord. No. 3917, 4-25-2019]
A.
Qualifying
Patient Medical Marijuana Cultivation. On any lot in the City, a person
holding a current, valid Medical Marijuana Cultivation Identification
Card issued by the State of Missouri may have as an accessory use
Medical Marijuana Cultivation as permitted by Article XIV, Section
1.7(9) of the Missouri Constitution so long as all of the following
conditions are met:
1.
The accessory use must take place only in a facility that is enclosed,
locked, and equipped with security devices (the "Cultivation Area"),
all of which shall be designed in such a way as to permit access only
by the Qualifying Patient or by such patient's Primary Caregiver and
in conformance with all Federal and Missouri laws and regulations.
2.
The State-issued Medical Marijuana Cultivation Identification Card
or Cultivation Authorization must be clearly displayed within the
Cultivation Area and in close proximity to the marijuana plants.
3.
The accessory use must have an odor control system that is at least
as stringent as that which is required by Missouri regulations.
4.
No marijuana may be smoked, ingested, or otherwise consumed or Administered
on the lot except by a Qualifying Patient.
5.
One (1) Qualifying Patient, or the Primary Caregiver for that person
on their behalf, may cultivate up to six (6) Flowering Marijuana Plants
and six (6) non-flowering marijuana plants at any given time in a
single, enclosed, locked facility.
6.
Two (2) Qualifying Patients, who both hold valid Medical Marijuana
Cultivation Identification Cards, may share one (1) enclosed, locked
facility but no more than twelve (12) Flowering Marijuana Plants and
twelve (12) non-flowering marijuana plants may be cultivated in a
single, enclosed, locked facility, except when one (1) of the Qualifying
Patients, as a Primary Caregiver, also holds a Medical Marijuana Cultivation
Identification Care for a third Qualifying Patient, in which case
that Primary Caregiver may cultivate six (6) additional Flowering
Marijuana Plants and six (6) additional non-flowering marijuana plants
for a total of eighteen (18) Flowering Marijuana Plants and eighteen
(18) non-flowering marijuana plants in a single, enclosed, locked
facility.
7.
All cultivated Flowering Marijuana Plants in the possession of a
Qualifying Patient or Primary Caregiver shall be clearly labeled with
the Qualifying Patient's name.
8.
All Medical Marijuana Cultivation must cease immediately upon the
expiration, suspension, or revocation of a State-issued Medical Marijuana
Cultivation Identification Card.
9.
Nothing in this Section shall convey or establish a right to cultivate
medical marijuana in a facility or premises where State or Federal
law or a private contract would otherwise prohibit doing so.