City of Fenton, MO Chapter 460 Accessory Buildings, Structures and Uses

Section 460.010 General Requirements For Accessory Buildings, Structures And Accessory Uses.

[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.

9. Home occupations — See Section 460.030 below.

10. Qualifying Patient Medical Marijuana Cultivation — See Section 460.040, below.

[Ord. No. 3917, 4-25-2019]

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.

4. Outdoor Displays, Sales and Storage — See Chapter 461.

[Ord. No. 3851, 8-23-2018]

N. Exceptions. Notwithstanding the regulations of this Chapter, the following are regulated elsewhere in this Title IV.

1. Fencing — see Chapter 462.

2. Driveways — see Chapter 495.

3. Off-Street Parking and Loading — see Chapter 496.

4. Outdoor Displays, Sales and Storage of Merchandise — See Chapter 461.

5. Signs — see Chapter 485.

6. Solar Energy Systems — See Chapter 464.

7. Outdoor Dining — See Chapter 448.

[Ord. No. 3854, 9-27-2018[2]]

[2] Editor's Note: Ord. No. 3854 also renumbered former Subsection (N)(7), which immediately follows, to be Subsection (N)(8).

8. Other accessory uses not specifically regulated shall comply with the use regulations requirements of the applicable Zoning District in which they are located.

[1] Editor's Note: Former Chapter 460, Accessory Buildings, Structures And Uses, containing Sections 460.010 — 460.020, which derived from Ord. No. 3268 § 1, 6-28-2012, was repealed 10-27-2016 by § 3 of Ord. No. 3631.

Section 460.020 Additional Requirements For Non-Residential Use And Multiple-Family Dwelling Accessory Structures, Buildings And Accessory Uses.

[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.

Section 460.030 Additional Requirements For Home Occupations.

[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.

Section 460.040 Additional Requirements For Qualifying Patient Medical Marijuana Cultivation.

[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.