[Res. No. 07-06, Zoning Order Art.
1 § A, 7-12-2007[1]]
As authorized by Missouri Statutes, Sections 64.211 through
64.298, Cass County, Missouri, has established and maintains a planning
and zoning program for land use regulation. It strives to define land
use in the context of the entire community within the County. The
objectives of this program are to balance property rights with the
rights of the community at large, and to accommodate growth and changes
in use of lands within the County by encouraging such changes in locations
and by means that maintain the health, safety and welfare of the resident
community.
[Res. No. 07-06, Zoning Order Art.
1 § B, 7-12-2007]
A.
As a means of providing an oversight for this process and a tool
to implement public participation and awareness of the planning and
zoning program, the County has established a Planning Board comprised
of members from the community who are appointed by the County Commission.
The Planning Board uses two (2) principal means to achieve the purpose
of maintaining the program; the adoption of an official, public document
comprised of a Comprehensive Plan, (the Plan), and by the implementation
of a public hearing process for the evaluation of proposed changes
in the use of lands in the County. This evaluation is carried out
within the context of this Zoning Order and the Subdivision Regulations,
which are the regulations as legislated by the Cass County Commission.
1.
Missouri law provides the authority for non-charter, first class
counties such as Cass County to prepare and adopt a master plan, the
Comprehensive Plan, through Section 64.231, RSMo. The current Comprehensive
Plan of 2005 has been adopted through a public hearing and review
process as required by the State. In addition, the County Commission,
as the legislative body for the administration of the County, has
passed a resolution of support and agreement for this Comprehensive
Plan.
2.
The Comprehensive Plan is a non-statutory guide and structure
for the planning and zoning program, which attempts to characterize
the County in terms of population, demographics, roadway and utility
use and then consider these elements in the development of planning
concepts. These planning concepts are an effort to both predict changes
in the use of the lands of the County and to direct that use in ways
that preserve the public welfare and safety and the private property
values and use. The Urban Service, Multi-Use and Rural Density Tier
areas indicated in the Comprehensive Plan as Land Use Tiers are designations
of areas, indicated in schematic maps within the Plan, where these
goals are most clearly defined. The detailed evaluation of specific
parcels in relationship to these characterizations, and the implementation
of these goals and planning concepts are then developed within the
methods and procedures contained in the Zoning Order and Subdivision
Regulations.
3.
Once each year, the Planning Board reviews the contents of the
Comprehensive Plan in order to maintain it as a current and relevant
document in the administration of the County planning and zoning program
for land use regulation. In alternate years, or as deemed necessary
due to changes within the structure of the County and its land use,
the Comprehensive Plan may be revised and amended in accordance with
the public hearing process as described in the State Statutes, and
supplemented by procedures and fees adopted by the Planning Board
or County Commission.
4.
In order to implement the goals of the Plan, legislative actions
are required to establish a regulatory management process, using the
Plan as a reference background. The County Commission in its legislative
role, adopts both this Zoning Order and the Subdivision Regulations
as the working tools to implement the elements of the Comprehensive
Plan.
5.
In addition to the Plan, the Planning Board uses the public
hearing process as part of the consideration of changes in the use
of lands within the County. The Board is thereby in a position to
provide an evaluation of the pertinent elements of the Comprehensive
Plan, the specific issues of a proposed change in use of lands within
the County in the context of this Zoning Order and the Subdivision
Regulations, and the considerations of the public as provided in the
hearing process. This evaluation is then provided for review by the
County Commission in their consideration of the proposed issues. The
Board will meet each month at a predetermined date and time, and at
other times as it deems necessary for the purposes of this process.
[Res. No. 07-06, Zoning Order Art.
1 § C, 7-12-2007]
A.
This Order shall be known as, referred to, and cited as the "Zoning
Order" for Cass County, Missouri.
1.
Purpose. The purpose of this Order is to promote the comfort,
health, safety, prosperity, and general welfare of the citizens residing
in the unincorporated areas of Cass County by dividing such into zones
and districts, or by designating specific parcels of land or uses
of land as being defined by the standards of such districts, and prescribing
regulations and restrictions on the location and use of buildings
and the use of land within each zone or district.
2.
Authority. This Order is adopted under the authority granted
by Section 64.211, (and 64-905) et. seq., RSMo., of the Missouri Statues
and amendments thereto.
3.
Intent. It is the general intent of this Order to:
a.
Provide for agricultural uses in rural areas of the County while
providing for more diverse land uses in relationship to the incorporated
areas of the County;
b.
Provide for special, non-agricultural uses that are supportive
of or accessory to urban land uses outside incorporated areas in response
to need indicated by market demand, provided such uses are consistent
with the Purpose above and that conflicts between the uses of land
and buildings and this Purpose have been minimized;
c.
Regulate characteristics of parcels, their use density and distribution,
and the location, height and performance impact of all structures
and uses;
d.
Seek to secure the safety of the public and property from the
effects of fire, flooding, storm water, waste water, panic, and other
dangers, natural and man made; and to preserve and maintain the value
of the lands of the County;
e.
Facilitate provisions for adequate light, air, water resources,
sanitation, and drainage, public facilities and utilities;
f.
Obtain the wise and sustainable use, conservation, and protection
of the County's natural environment, including its waters, soil, wetland,
woodland, and wildlife resources;
g.
Attain a balance between land uses and the ability of the natural
resource base of the region to support and sustain such uses;
h.
Stabilize and protect the natural beauty of the area;
i.
Encourage orderly changes in use by integrating them into the
fabric of the community, maintaining a high quality, sustainable environment,
and promoting fiscal responsibility;
j.
Promote the safety and efficiency of the roads, streets and
highways, while lessening congestion;
4.
Inclusions By Reference. The Cass County Comprehensive Plan
of February, 2005 and Subdivision Regulations shall be a part of this
Zoning Order by reference.
6.
Severability And Non-Liability. If any section, clause, provision,
or portion of this Order is adjudged unconstitutional or invalid by
a court of competent jurisdiction, the remainder of this Order shall
not be affected thereby.
7.
Abrogation Of Greater Restrictions.
a.
Public Provisions. The provisions of this Zoning Order are not
intended to interfere with, abrogate, or annul any other County rule,
regulation, statute, or other provision of law. Where any provision
of this Order imposes restrictions different from those imposed by
any other statute, rule, regulations, or other provision of law, whichever
provisions are more restrictive, or impose higher standards, shall
control as determined by the Board of Zoning Adjustment.
b.
Private Provisions. The provisions for this Zoning Order are
not intended to abrogate any easement, covenant or any other private
agreement, or restriction, provided that, where the provisions of
this Zoning Order are more restrictive or impose higher standards
or regulations than such easement, covenant, or other private agreement
or restriction, the requirements of this Zoning Order shall govern.
8.
Interpretation. In their interpretation and application, the
provisions of this Order shall be liberally construed in favor of
the County, and shall not be construed to be a limitation or repeal
of any other power granted by the Missouri Statutes.
9.
Procedural Interpretation And Clarification. As the legislative
body for the administration of the County, the County Commission may
issue interpretations or clarifications of this Zoning Order or the
Subdivision Regulations. Such a Procedural Interpretation and Clarification,
(PIC) shall be used as a means of establishing procedures to be used
in applying aspects of these regulations in situations where the regulations
may have several possible applications to the specific conditions
or characteristics of a zoning action. Such instructions shall be
clearly applicable to such specific conditions, shall be applicable
in most such similar conditions, shall not be contrary to any other
regulation, and shall be sufficiently defined that the PIC may be
followed by the Zoning Director in the enforcement of these regulations
until such time as it may be included into the body of the Zoning
Order in an Amendment.
10.
Cass County, the Planning Board members, Commissioners, officers,
agents, and employees operating under County authority and instruction
shall be held harmless from any and all claims, costs, liabilities,
damages, or expenses, including costs of suits and fees and expenses
for legal services on account of any damages claimed by any third
party, including such claims by agents or employees of said third
party, arising from any approval or non-approval or inspection of
any matter being considered under the jurisdiction of this Zoning
Order or the Subdivision Regulations.
11.
Pre-Emption Of Stricter Standards. In any case where a requirement
of any Article of this Zoning Order is in conflict with another Article
or the Subdivision Regulations, the stricter requirement shall apply,
subject to the determination of the Board of Zoning Adjustment.
12.
The Effective Date of the regulations, being designated as the
Zoning Order of Cass County, Missouri," shall be in full force and
effect from and after its passage.
13.
Reservation And Repeals. Upon the adoption of this Zoning Order,
the Cass County Zoning Order and Subdivision Regulations of 2005,
as amended, is hereby repealed.
14.
Savings Provision. This Zoning Order shall not be construed
as abating any action now pending under, or by virtue of, a prior
existing Zoning Order, or as discontinuing, abating, modifying, or
altering any penalty accruing or to accrue, or as affecting the liability
of any person, firm, or corporation, or as waiving any right of the
County under any section or provision existing at the time of adoption
of this Order, or as vacating or annulling any rights obtained by
any person, firm, or corporation, by lawful action of the County,
except as follows.
15.
Development Under Prior Regulations. Zoning action and land
use applications for proposed new uses which were approved by the
Commission under the previously existing zoning districts and not
requiring the subdivision of property, may be developed pursuant to
the previously existing regulations for a period of one (1) year following
the effective date of these regulations. Any such application that
is allowed to lapse or expire and that must be resubmitted, will be
processed pursuant to these regulations.
16.
Sale Or Development Of Land. No person may use, occupy, develop,
or sell any land or buildings or authorize or permit the use, occupancy,
development, or sale of land or buildings under his or her control
except in accordance with all of the applicable provisions of these
and the Subdivision regulations. For purposes of this Section, the
"use" or "occupancy" of a building or land relates to anything and
everything that is done to, on, or in that structure or land.
17.
No building or use of land shall hereafter be acceptable if
it is not in compliance with the standards as defined in this Zoning
Order as they apply to that building or use. These standards are in
addition to those contained in the Comprehensive Plan and Subdivision
Regulations as adopted by the County:
18.
Planning Board Review Process.
[Ord. No. 19-05, 8-22-2019]
a.
Applications for a zoning action as defined in these regulations
for any specific parcel of land shall be made to the Zoning Department,
requesting a public hearing of the matter by the Planning Board. An
application fee and the costs of publication shall be charged and
collected from the applicant in an amount as established by the County
Commission by separate order. A separate fee shall be required for
each application for a zoning action.
b.
The application shall include such information as determined
by the Zoning Department and described by separate order as necessary
to evaluate the applications in relation to the ordinances. Such information
of the application shall be compared to the detailed requirements
of this Zoning Order and Subdivision Regulations and a summary of
the results prepared. If the application is considered by the Zoning
Department to be complete enough for consideration by the Board, the
application will be placed on the agenda for the next scheduled public
Planning Board Meeting.
c.
The County shall coordinate with affected Cities when considering
proposed zoning actions and amendments that occur within Urban Service
Tiers and Mixed Use Tiers near Cities, as prescribed in the County
Comprehensive Plan, and when considering land use changes in the Airport
Overlay areas. For matters that occur in proximity to the various
incorporated areas of the County, the comments of the administration
of these communities may therefore also be made a consideration. If
so, such comments will be requested by the Zoning Department prior
to establishing an agenda date for the public hearing.
d.
Applications shall be accompanied by the recorded and legal
description of the property affected by the amendment, and shall be
signed by all the owners of record of the property.
e.
In addition, an area map indicating the ownership of any real
property located within one thousand (1,000) feet of the boundaries
of the subject property, and a list providing the name and address
of record of each owner of those parcels shall be provided by the
applicant. It shall be the obligation of the applicant to send notice
by regular mail to each of these adjacent owners, including any that
are non-residents of the County, of the date, time and location of
the public hearing by the Planning Board regarding the application,
addressed to their last known addresses and provided to a U.S. Post
Office at least ten (10) days prior to such hearing. The Zoning Department
shall provide the applicant with a formal document to be used in the
notification of the meeting. It shall be the responsibility of the
applicant to send notice by regular mail to each of these owners,
the local school district, fire and ambulance district, water district
and any municipality within one and five-tenths (1.5) miles of the
subject property. The applicant shall provide a certificate of mailing
to the Planning Board at the time of the meeting.
f.
The Zoning Department shall provide notice of the public hearing
of the matter on the agenda and the location and time of the meeting
of the Planning Board in a newspaper of general circulation within
the County a minimum of fifteen (15) days prior to the date of the
meeting.
g.
The application shall also contain pertinent information describing
the proposed zoning action, as determined by the Zoning Order and
Subdivision Regulations and the Zoning Officer.
h.
The Board, after consideration, will forward to the County Commission
or Board of Zoning Adjustment its findings and recommendations with
respect to the proposed action, or may require a further evaluation
of the application.
19.
An additional duty of the Planning Board, as required by State
Statute, is the appointment of a Director of Planning and Zoning and
a Zoning Enforcement Officer.
a.
Director Of Planning And Zoning. The Director, herein referred
to as the Zoning Officer, will provide the administration and enforcement
of the provisions of the Zoning Order and Subdivision Regulations,
including:
(1)
Keeping the County Commission and Board of Zoning
Adjustment advised of all matters pertaining to the enforcement of
the Zoning Order;
(2)
Providing for technical review and reporting of
the details of the evaluation of applications and other matters that
are to be placed before the Board;
(3)
Providing a public liaison with applicants prior
to application submittals and accepting applications for Planning
Board and Board of Zoning Adjustment agenda items;
(4)
Acting as the Executive Secretary of the Planning
Board and the Board of Zoning Adjustment, including providing notification
of the results of Planning Board and Board of Zoning Adjustment decisions
to applicants and the public;
(5)
Acting as the Zoning Enforcement Officer, including
providing the zoning enforcement duties when so designated by the
Commission, as proscribed by Section 64.291, RSMo.
20.
Zoning Appeals. Appeals may be taken by any person aggrieved
or by any officer or department of the County, or by any decision
of the Planning Board or Zoning Officer. Such appeals shall be taken
within ten (10) days by filing with the Zoning Officer and the Board
of Zoning Adjustment a written request for an appeal, specifying the
details and reasons. The Zoning Officer shall forthwith transmit to
the BZA all documents constituting the record regarding the action
upon which the appeal is being sought.
21.
Inspections. Under the authority of this Zoning Order and the
Subdivision Regulations, the Zoning Enforcement Officer shall be authorized
to enter upon private property in the determination of a violation
of these Regulations according to the following procedure:
a.
With written authorization by the property owner, or
b.
Following notification as defined in the Zoning Order,
c.
By presentation to the Board of Zoning Adjustment a statement
of the facts of the matter, with a request for permission to make
a non-intrusive investigation of the property, during which no structures
are to be entered, no objects are to be removed, and photographs of
existing conditions may be taken.
22.
Violations. The Zoning Officer shall notify, by certified mail
or posting of property, the owner or authorized agent of the owner,
of the structure, land or use of land for which there is considered
to be a violation of the requirements of the Zoning Order or Subdivision
Regulations and the following procedures shall apply.
a.
The owner or general agent, or the lessee or tenant of any land,
building, structure or premises, whether the entire building or entire
premises of any part of the building or premises, where the potential
violation of the provisions of this Zoning Order or requirements of
the Zoning Officer has been issued as notification, shall comply with
such requirements within ten (10) days after such notification service.
b.
Any architect, builder, or contractor, or any other person who
knowingly commits, takes part or assists in such violation or who
maintains any building or premises in which any such violation shall
also be required to comply with these procedures.
c.
Upon the failure of the above parties to respond to such notification,
and failure to correct any such violations, the Zoning Office shall
refer the matter to either the State Circuit Court or County Court
in a petition for imposition of civil fines and injunctive relief.
d.
Any of the relevant, named parties who shall be determined by
a court to have failed to comply with the provisions of the Zoning
Order or Subdivision Regulations shall be guilty of a misdemeanor.
e.
Maximum fines shall be as established by the Commission and
shall not exceed one thousand dollars ($1,000.00) per day. Such fines
shall apply to each violation for each day that such violation continues
following notification by the Zoning Officer that a violation was
considered to have occurred.
f.
Once referred to the Court for resolution, any further solutions
to confirm or correct violations shall be carried out under a Compliance
Action Plan as described below.
g.
Abatement And Injunctive Relief. In the event that any structure
or use of land is in violation of any of the provisions of this Zoning
Order, the owner of any private property or any public body whose
property is or may be affected by any such violation, may institute
in the courts any appropriate action or proceeding in law or in equity
to prevent such unlawful use, including to restrain, abate, enjoin
or correct such violation, or to prevent the occupancy of such building
or structure or unlawful use of such land and to prevent illegal act,
conduct, business or use in or about the premises, and these remedies
shall be in addition to other penalties prescribed in this Order.
h.
Compliance Action Plan Procedures. The owner or general agent,
or the lessee or tenant of any of any land or building, where the
potential violation of the provisions of this Zoning Order has been
identified by the Zoning Officer, who has issued a notification of
the condition to said owner requiring correction of the matter within
ten (10) days, shall be provided the opportunity to comply with such
compliance by making application to the County for a Compliance Action
Plan (CAP).
(1)
When determined by the Zoning Enforcement Officer
to be out of compliance with the Zoning Order or Subdivision Regulations,
the owner of the land or building shall, within the ten-day period,
complete an application form requesting that a plan of action (CAP)
be established for correction of the violation.
(2)
The plan shall be developed by the Zoning Officer
jointly with the applicant and shall have no more than three (3) periods
during which corrective action by the applicant shall be completed,
inspected and approved by the Zoning Officer, prior to beginning the
next action. Fees, as required and established by the Commission under
separate order shall be charged to the applicant as costs for inspection
and confirmation services by the County.
(3)
The drafted CAP will be referred to the Board of
Zoning Adjustment for approval prior to beginning any remediation
activity.
(4)
In the event the applicant does not complete any
portion of the CAP, the Zoning Officer may refer the violation directly
to the State or County Court without further notification to the applicant.
23.
General Zoning Standards For Multiple Districts. The following
standards may apply in more than one (1) Zoning District:
a.
Proposed public improvements shall conform to and be properly
related to the County's current Comprehensive Plan and applicable
capital improvements plans.
b.
The County may require the phasing of changes in use or improvements
in order to maintain current levels of service for existing public
services and facilities or for other reasons based upon maintaining
the health, safety and general welfare of the County's inhabitants.
c.
Adequate Public Facilities. Land proposed for changes in use
shall be served by public facilities and services which are adequate
to support the proposed use. Land shall not be approved for a change
in use unless and until adequate public facilities exist, or such
information has been provided to the County to demonstrate to the
satisfaction of the County that provision has been made for essential
public facilities, domestic and fire protection water service, wastewater
treatment and disposal, storm water management, electrical service,
telecommunications service and streets.
(1)
All habitable buildings and lots, regardless of
size, that are suitable for construction lots shall be served by an
approved means of wastewater collection and treatment as required
by the Zoning Order, Subdivision Requirements or as adopted by the
County Health Administration.
(2)
For development on parcels of land accessible to
public sanitary sewer, where the local sewer district authority allows
such connection, the owner thereof shall be required to comply with
the conditions as required by that sewer district authority.
(3)
All habitable buildings and lots, regardless of
size, that are suitable for construction shall be connected to a public
water system which is capable, or may be made capable in the determination
of the County of providing water for health and emergency purposes,
including adequate fire protection as required in the building code
requirements as adopted by the County.
d.
Minimum Land Area For Septic Waste Water Use. Any parcel of
land proposed to be served by a septic evaporation pond shall be a
minimum of five (5) acres in size, provided, however, that upon good
cause shown, the Director of Planning and Zoning may approve a septic
evaporation pond on not less than a three (3) acre parcel, and any
aggrieved applicant may appeal the Director of Planning and Zoning's
decision to the County Commission. Any parcel of land proposed to
be served by a private sewer system composed of underground lateral
distribution piping shall be a minimum of three (3) acres in size,
or as approved by the Director of Planning and Zoning and as defined.
[Ord. No. 08-02, 2-1-2018]
|
by current County or State laws or regulations. All such approvals
by the Director of Planning and Zoning must be completed prior to
beginning any zoning action regarding the parcel.
|
e.
In proximity to any public water supply, any component of an
individual or community septic waste treatment system shall be located
a minimum of five hundred (500) feet from any shoreline of the water
supply. The setback distance for water supply wells shall be a minimum
of one hundred (100) feet, as determined by the Director of Planning
and Zoning.
[Ord. No. 08-02, 2-1-2018]
f.
In proximity to any body of water not a water supply, any component
of an individual or community septic waste treatment system shall
be located a minimum of one hundred (100) feet from the shoreline
of the body of water.
g.
Lot Limits. No building shall hereafter be erected unless it
is on at least one (1) lot, as herein defined; and, except in Mixed
Use and Industrial Zoning Districts, no legal lot of record shall
contain more than one (1) principal structure.
h.
Minimum Residential Floor Area. In order to provide the space
essential for the healthful occupation of detached, single-family
residences by average families, and to maintain the secondary purpose
of preserving the character and aesthetics of neighborhoods, a minimum
floor area of one thousand (1,000) square feet, excluding basements,
open and screened porches, and garages, is required.
i.
All public improvements and required easements shall be extended
through the parcel on which a new use is proposed. Streets, utilities
and drainage facilities shall be constructed through new development
to promote the logical extension of public infrastructure to adjacent
areas. The County may require the applicant of a proposed change in
use to extend off-site improvements to reach the location of the proposed
change in use or oversize required public facilities to serve anticipated
future uses as a condition of approval of the new uses.
j.
Except as otherwise provided in these regulations, an applicant
for approval of a change in use shall ensure that adequate on-site
and off-site easements are provided for future roadways and other
public utilities or management of surface waters.
k.
Proposed streets shall provide a safe, convenient and functional
system for vehicular and pedestrian traffic, shall be properly related
to the Comprehensive Plan and shall be appropriate for the particular
traffic characteristics of each proposed use. Street capacity shall
be provided as required in the Comprehensive Plan, Zoning Order and
Subdivision Regulations.
l.
Other Nuisance Conditions. Any condition conducive to the breeding
of rodents or insects, or contributing any other dangerous, noxious,
injurious, or objectionable condition, substance or element which
would create any hazard to public health, peace, or comfort, which
is contrary to the purpose of this Zoning Order shall be prohibited
on any land within the County.
m.
Drainage improvements related to a zoning action or change in
use of land shall accommodate potential runoff from the entire contributing
watershed area and shall be designed to prevent increases in downstream
impact from storm water runoff. The County may require documentation
of an analysis by engineering methods, and the use of control methods
or the construction of off-site drainage improvements to mitigate
the impacts of storm water runoff resulting from the land use change.
All conditions which may be required by regulations of the Clean Water
Act as currently adopted by the Federal and State governments and
the American Public Works Association standards as adopted by the
County will be required by the County. Costs for such analysis shall
be the responsibility of the applicant seeking to make improvements.
n.
Setback requirements for land uses adjacent to most used road
designations are as follows. See also the Definitions Article for
designation of streets:
(1)
Arterial Streets. No building or structure which
fronts or sides on an arterial street shall be located nearer to the
centerline of the arterial street than the sum of the required front
setback, plus fifty (50) lineal feet.
(2)
Collector Streets. No building or structure which
fronts or sides on a collector street shall be located nearer to the
centerline of the arterial street than the sum of the required front
setback, plus forty (40) lineal feet
(3)
Realigned U.S. Route 58. As authorized by Section
64.251, RSMo., as revised, no building or structure which fronts or
sides on the designated future U.S. 58 Highway right-of-way shall
be located nearer than two hundred (200) feet from the centerline
of the right-of-way.
o.
In districts or parcels designated as residential, fences, hedges
and privacy walls may be located in side, rear or front setback spaces
if not exceeding eight (8) feet in height above the general grade,
except that rear fences or walls shall conform to the front setback
requirement where they are adjacent to the front yard of a neighboring
residence.
(1)
Fences, walls and hedges in commercial or industrial
districts may be located in any setback space if not exceeding eight
(8) feet in height above adjacent grade.
(2)
Electric fences shall be permitted on lots of three
(3) acres or greater in size and must conform to Building Codes standards
regarding electrical usages.
p.
In districts designated as Industrial and Commercial, where
materials or equipment of production and finished products are located
outside of an enclosed building where permitted, an opaque fence,
wall or screening device may be required, as determined by the County,
to separate visually this accessory use from the public.
Limited And Prohibited Uses: Specific uses of land are also
regulated by the Special Use Permit regulations of this Zoning Order.
(1)
All Adult Entertainment Establishment — Enhanced
uses, as defined in this Zoning Order, are hereby prohibited in all
zoning districts within the jurisdiction of these regulations and
no building, structure, or land shall be used, constructed, reconstructed,
altered or expanded as, or for, an Adult Entertainment Establishment
— Enhanced.
(2)
Uses in the vicinity of airports are limited by
the regulations of the Airport Overlay District. Development in any
Airport Overlay District shall be required to achieve the conditions
as defined in that Article of this Zoning Order.
(3)
Accessory structures larger than one thousand (1,000)
square feet in plan area and located on parcels larger than five (5)
acres are limited in Rural Residential and Rural Suburban District
designations or locations by the requirement that there be a principal
residence in place on the property. In Agricultural District designations
or locations, on parcels of greater than twenty (20) acres in area,
such accessory structures may be permitted by the issuance of a variance
by the Board of Zoning Adjustment.
(4)
Accessory structures may not be used as a dwelling,
except that on a conforming lot which is zoned as Agricultural (A),
Rural Residential (R-R) or Rural-Suburban (R-S) a single, transitional
living dwelling no larger than nine hundred (900) square feet may
be allowed by Special Use Permit. Refer to the Article for Definitions
and for Special Use Permits.
q.
Accessory Uses And Structures. The following accessory uses
and structures shall be permitted in any zoning or on a parcel designated
as a district, as an accessory to any allowed principal use. Accessory
uses and structures shall be subject to requirements as prescribed
in districts regulations, except as provided below.
(1)
Restaurants, pharmacies, gift shops, clubs, lounges
and newsstands, when located within a permitted hotel, motel or office
building.
(2)
Restaurants and cafeterias, when located in permitted
business, manufacturing or industrial uses, and reserved for employee
use.
(3)
Off-street parking and loading spaces.
(4)
Signs, when and as permitted by the Zoning Order.
(5)
Fences, statuary, arbors, trellis structures, flagpoles,
walls and hedges shall be allowed within the required setback areas.
(6)
Satellite antennas, except that they shall not
be located in the front setbacks.
(7)
No detached accessory structure shall be located
closer than ten (10) feet to a principal structure unless by prior
approval by the County.
(8)
A single structure designed and used as a playhouse
for children, provided it is less than one hundred twenty (120) square
feet in plan area and not located in the front yard setback space.
(9)
A single structure for storage, incidental to the
principal permitted use, of more than four hundred (400) square feet
and less than one thousand (1,000) square feet of plan area in any
district or on a parcel designated as A Zoning. Locations and heights
shall be as defined in the district requirements.
(10)
Storage of not more than one (1) of each of the
following types of accessory vehicles shall be allowed within required
front, side or rear setback spaces, provided they are located upon
a hard surface as defined in the regulations of this Zoning Order.
The accessory types are boats, boat trailers, camping trailers, motorized
camping units, or vehicles converted to camping uses.
(11)
Specifically exterior storage or parking for more
than a thirty-day period of any commercial vehicle or bus which exceeds
a hauling capacity of three (3) tons as rated by the manufacturer
shall be prohibited.
(12)
A single swimming pool and bathhouse, provided
that the bathhouse is less than two hundred (200) square feet in plan
area, that the pool is for private use of the principal residence
and neither the pool or bathhouse is located in the front setback
area. The pool shall be provided with a detached wall of fence at
least four (4) feet in height and located at least four (4) feet outside
the perimeter of the pool area for the purposes of limiting uncontrolled
access to the pool itself. When empty, the pool shall be provided
with a protective covering for the same purpose.
