City of Brentwood, MO Division 3 Accessory Use and Structures

Section 400.2090 Permitted With Principal Use.

[R.O. 2009 §25-386; Ord. No. 2739 §43-41.1, 5-20-1985]

Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.

Section 400.2100 Permitted Uses.

[R.O. 2009 §25-387; Ord. No. 2739 §43-41.2, 5-20-1985; Ord. No. 2786 §1, 3-17-1986; Ord. No. 4275 §1, 3-7-2011; Ord. No. 4448 §2, 7-15-2013]

A. A "permitted accessory use" is any use or structure that complies with the definitions in this Chapter including, but not limited to, the following typical uses:

1. Private garages or carports;

2. Off-street parking for permitted motor vehicles and loading spaces as required by Article IV of this Chapter and any additional off-street parking or loading spaces which are devoted exclusively to the principal use or activity subject to other limitations and regulations of this Chapter;

3. Private parking or storage of any recreational vehicle;

4. Parking of commercial vehicles during the actual performance of a service at the premises on which it is parked;

5. A structure for storage incidental to a permitted use, provided no such freestanding structure that is accessory to a single-family dwelling shall exceed two hundred (200) square feet in gross floor area and fourteen (14) feet in height. The number of said freestanding structures is limited to one (1) per primary structure and shall be located a minimum distance of ten (10) feet from the primary structure;

6. A child's playhouse;

7. Private parks, etc.

[Ord. No. 5086, 4-17-2023]

a. Swimming pools, including adjoining paved walk or deck area, and tennis courts, provided that such facilities are set back at least ten (10) feet from any lot line and meet with Building Code Requirements and Division 5, Fences, Walls, and Screening Devices;

b. Tennis courts located in any residential district shall require separate submission and approval of a site plan in accordance with Article II, Division 9 (Site Plan Approval, with review at the Planning and Zoning Commission), until such time that further regulations are adopted by the City.

8. Convenience/service retail uses.

a. Convenience/service retail uses may be provided as an accessory use to a permitted use in any non-residential district provided that:

(1) There are no window displays or advertisements;

(2) There is no sign advertising such shop or service that shall be visible from outside the building, except that a small name plate not exceeding two (2) square feet may be located on the building at its entrance.

b. Such strictly incidental convenience retail uses in non-residential districts, that is, any district other than "A", "B", "AR" or "MR", may include personal services such as barbershops, beauty parlors, photographic studios or dry-cleaning and laundry pickup or self-service facilities and restaurants, cafes or soda fountains, provided the area used for all such uses does not exceed an amount equal to five percent (5%) of the gross residential or other non-retail commercial floor area of the building or project, exclusive of maintenance and parking areas, in which the same are contained;

c. Because of its incidental, internal and accessory character, the floor space occupied by the accessory convenience/service retail use need not be included in the calculation of parking requirements for a given building or project.

9. Non-commercial greenhouse, nursery or garden;

10. Statuary, arbors, trellises, barbecue stoves, doghouses, flagpoles, fences, walls, hedges and gazebos, provided these elements are in compliance with other regulations of this Chapter such as those relating to fences in Division 5 of this Article;

11. Auditoriums and other public assembly halls clearly accessory to any permitted use in a multi-family or non-residential district;

12. Health clubs, including baths and gymnasiums clearly accessory to a multi-family or non-residential district;

13. Fallout shelters;

14. Mechanical equipment or utility facilities which are specifically related to and required by a permitted use;

15. Solar collectors;

16. Outdoor lighting, provided these are in conformance with the standards and regulations specified in Section 400.1880. In any event, lights for major outdoor recreation and entertainment facilities shall require approval of a site plan in accordance with Article II, Division 9;

17. Accessory basement storage or inventory use. The Planning and Zoning Commission may recommend by site plan approval, the utilization for inventory, storage and equipment repair of all or a portion of the basement level of a building which is occupied on the ground level by a primary retail use, provided that the following conditions are satisfied:

a. The occupancy and use of such basement space shall only be in support of and operated by the user of the primary retail activity.

b. The primary retail use shall be one requiring large amounts of inventory space relative to sales and low customer sales activity.

c. No personnel shall be permanently stationed, no offices shall be located, no sales shall be transacted and no goods shall be displayed for customer inspection within the accessory basement space.

d. The City may include the conditions imposed upon the user due to basement space utilization in the business license issued to the user.

18. Satellite dish receiving antennas located within all zoning districts, provided they are in conformance with the following regulations:

a. General.

(1) No satellite dish receiving antenna shall be constructed in any front or side yard, but shall be constructed to the rear of the residence or main structure. In the case of a corner lot, the antenna shall be placed along the common lot line, rather than the streetside of the lot, and shall be so placed to maximize screening from the street.

(2) No satellite dish receiving antenna, including its concrete base slab or other substructure, shall be constructed less than twelve (12) feet from any property line.

(3) No ground-mounted satellite dish receiving antenna shall be constructed without appropriate evergreen landscaping to reasonably conceal the antenna from view. The proposed planting shall be in place and completed before any final approval is granted by the Director of Planning and Development.

(4) All structural supports shall be of galvanized metal.

(5) Wiring between the satellite dish receiving antenna and a receiver shall be placed at least four (4) inches beneath the surface of the ground within rigid conduit.

(6) All satellite dish receiving antennas shall be designed to withstand a wind force of seventy-five (75) miles per hour without the use of supporting guy wires.

(7) Any driving motor shall be limited to one hundred ten (110) volts maximum power design and be encased in protective guards.

(8) All satellite receiving antennas shall be bonded to a grounding rod.

(9) Antennas and screening shall be removed at the owner's expense upon termination or revocation of the required antenna permit.

(10) Maximum heights and diameters according to single-family lot size and zoning district are as follows:

District/Lot Size	Maximum Diameter	Maximum Height Above Ground Level
Up to 5,000 square feet	8 feet	8 feet
Over 5,000 square feet	8 feet	10 feet
(AR) Attached Residential District	6 feet	8 feet
(MR) Multi-family	11 feet	13 feet
(RSC) Retail/Service	11 feet	13 feet
(GC) General Commercial	11 feet	13 feet
(LID) Light Industrial	11 feet	13 feet
(PD) Planned Development — For each use as they would fall under the standard categories above.

b. Residential districts.

(1) A maximum of one (1) satellite dish receiving antenna shall be permitted per lot and shall be permitted for the private, non-commercial use of that property owner only and shall not be attached to receiving stations on any other lot.

(2) The highest portion of a satellite dish receiving antenna may not exceed a grade height of twelve (12) feet above the ground and in no case may be mounted upon the roof of any structure.

(3) In the case of the "MR" Multi-Family Residential District, one (1) master satellite dish receiving antenna may be permitted to service the entire development, subject to approval of the Board of Aldermen.

c. Commercial districts.

(1) Roof mounting of satellite dish receiving antennas shall be permitted upon commercial and industrial buildings within the "RSC" Retail-Service Commercial District, the "GC" General Commercial District, the "PD" Planned Development District and the "LID" Light Industrial District, provided that the antenna is placed in such a fashion as to not be visible from surrounding properties or the public street, subject to the following criteria:

(a) No satellite dish receiving antennas shall be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.

(b) The satellite dish receiving antenna shall be designed to withstand a wind force of eighty-five (85) miles per hour.

(2) More than one (1) satellite dish receiving antenna may be permitted per commercial or industrial lot in the "RSC", "GC", "PD" or "LID" districts.

d. Application for an antenna permit for a satellite dish receiving antenna shall be required and shall include the following:

(1) A site plan showing the adjacent properties, antenna location including distances from the main structure of the lot and adjoining property lines and proposed screening features;

(2) A drawing or picture of the antenna with all pertinent dimensions;

(3) A drawing of the method of installation, including footings and base supports.

e. In addition to the aforementioned construction performance standards outlined, construction and installation of the satellite dish receiving antenna shall conform to all requirements of the City's adopted building and electrical codes.

Section 400.2110 Specifically Prohibited Uses.

[R.O. 2009 §25-388; Ord. No. 2739 §43-41.3, 5-20-1985]

A. It shall be unlawful for any person to occupy or use any land, building or part thereof for any of the following accessory uses:

1. Repair or service of any motor vehicle in any residential zoning district unless the activities are confined within a completely enclosed building or unless the repairs are limited to minor motor vehicle repairs and are fully completed within a period of twenty-four (24) hours or less; provided that all such repairs shall be limited to the vehicles of the residents living within the principal building;

2. Storage or occupancy of a mobile home, camper or trailer camper, except those in compliance with Section 400.2100, Subsection (3);

3. The use of recreational equipment for living, sleeping or housekeeping purposes when parked or stored;

4. Outdoor storage of major recreational equipment in residential zoning districts, unless the equipment is in condition for safe and effective performance of the function for which it is intended and unless it is properly located and screened.

Section 400.2120 Development Standards.

[R.O. 2009 §25-389; Ord. No. 2739 §43-41.4, 5-20-1985; Ord. No. 3543 §3, 6-16-1997]

A. Accessory structures and uses shall be set back at least five (5) feet from the rear lot line.

B. Accessory structures and uses shall maintain the same side yard as is required for the principal structure located on the zoning lot, except that unenclosed off-street parking, fences, walls and hedges may be located within the required side yard areas.

C. Accessory structures in any residential district shall not exceed sixteen (16) feet in height with the exception of walls, fences or hedges located within the required side, rear or front yard setback which shall not exceed six (6) feet in height.

D. Accessory structures and uses shall otherwise comply with the development standards applicable to the zoning district in which they are located.

E. No structure used by, or intended to be used by, persons or pets may be built within the building setback portion of any required yard that has the finished floor level more than three (3) feet above the level of the yard, alley or sidewalk of the adjoining property without the specific approval of the Board of Aldermen. The term "structure" in this case includes, but is not limited to, room additions, sundecks, patios, children's play structures, swimming pools, tennis courts or other like structures.

Section 400.2130 through Section 400.2170. (Reserved)