[Ord. No. 10702, 2-18-2021]
This section authorizes the establishment of accessory uses
and structures that are incidental and customarily subordinate to
principal uses. The intent of this section is to allow a broad range
of accessory uses while not creating adverse impacts on surrounding
properties.
[Ord. No. 10702, 2-18-2021]
(a)
An accessory use or structure shall be incidental to the primary
use of the lot, and shall not alter the character of the principal
use.
(b)
Unless otherwise stated in this Code, accessory uses and structures
shall be constructed on the same lot as the principal use that it
serves.
(c)
Unless approved as an accessory dwelling unit that meets the standards of § 25-45(b), residential accessory structures shall not include a basement, cooking facilities, sleeping area, shower, or bathing facility.
(d)
No accessory structure shall be constructed on any lot until the
construction of the principal structure has commenced. In cases where
the main or principal structure is demolished, an existing accessory
structure shall be allowed to remain on the lot or property without
the main structure to which it is supposed to be an accessory with
the submission of a deposit to cover the potential demolition and
on the following conditions:
(2)
A building permit is obtained for the reconstruction of the
main or principal structure, the construction of which shall take
place within 12 months. Failure to reconstruct the main or principal
structure will be an automatic cause for the removal of the accessory
structure at the owner's expense.
(e)
Gardens and the raising of crops for the personal use of the residents,
tenants, or property owners, may be grown in any yard, without a permit.
(f)
An accessory structure that is attached to the principal building
shall be considered an integral part of the principal building and
shall comply with the development standards for the principal building.
Any accessory structure shall be considered an integral part of the
principal building if there is a substantial connection between the
accessory structure and principal building by a roof or wall.
(g)
Small accessory structures, such as doghouses, hose boxes, etc. that
have a footprint of less than 10 square feet and are not determined
to be a building shall be exempt from the provisions of this article,
provided that they are located in the side or rear yard.
(h)
Maximum height. Unless otherwise stated, the maximum height of a
detached accessory structure shall be 24 feet, or 1 1/2 stories.
In no case shall an accessory structure exceed the height of the principal
building.
(i)
Maximum size and coverage in residential zoning districts. In all
residential districts, the total of all accessory structures under
roof, including those considered to be small accessory structures
exempt from other sections of this article, shall not exceed a site
coverage of 7% of the total lot area or no more than 1,500 square
feet, whichever is less.
(j)
Setback and location requirements.
(1)
Unless otherwise stated in this section, all accessory uses
and structures shall be set back a minimum of five feet from all lot
lines.
(2)
Any accessory structure that has a wall or facade length of 25 feet or more, regardless of the presence of architectural features or facade offsets, shall maintain a minimum side and rear yard setback equal to the side setback required for principal structures in the applicable zoning district. See Figure 42-A. Accessory dwelling units shall be subject to the setback standards in § 25-45(b), regardless of facade length.
 Figure 42-A
Setback Requirements for Tall or Wide Accessory Buildings
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(3)
Additional setbacks may be required from the principal building,
adjacent structures, or streets based on the applicable building or
fire code regulations.
(4)
Detached accessory structures shall be separated from the principal
building by a minimum of 10 feet unless a reduced setback is permissible
by the applicable building and fire codes.
(5)
If the separation of the accessory and main structure is less
than 10 feet, the accessory structure shall conform to the same yard
requirements as the principal building.
(6)
Table 44-1 establishes the yards
in which accessory structures and uses are permitted. Figure 42-B
illustrates typical lot types and the locations of each yard as they
relate only to accessory uses and structures and the provisions of
this article.
 Figure 42-B
Location of Yards As They Relate to Permitted Accessory
Uses
|
[Ord. No. 10702, 2-18-2021]
Except as provided in this Code, the use of structures that
are not permanently anchored into a foundation, including, but not
limited to, inflatable garages or storage structures, portable carports
or garages, portable containers, shipping containers, and semitractor
trailers used for storage (with or without wheels) shall not be used
as permanent accessory structures in any zoning district.
[Ord. No. 10702, 2-18-2021; Ord. No. 10726, 9-2-2021]
The following is an explanation of Table 44-1.
(a)
The symbols for permitted uses (P), permitted uses with standards (PS), and special uses (S) are defined in the same manner as § 25-35(b).
(c)
Yards permitted. This column identifies within which yards the use
may be permitted. See the use-specific standards for any restrictions
related to placement in individual yards. In some cases, accessory
uses are only permitted within the principal building or an approved
accessory structure, in which case the table establishes these as
indoors.
(d)
Use-specific standards. The numbers contained in the "Use-Specific
Standards" column are references to additional standards and requirements
that apply to the use type listed. Standards referenced in the "Use-Specific
Standards" column apply in all zoning districts unless otherwise expressly
stated.
(e)
Downtown Master Plan Study Area. The Downtown Master Plan Study Area,
as established in the Downtown Master Plan Report, is a special area
that overlaps multiple zoning districts. The column titled "Downtown
Master Plan Study Area" identifies where and how accessory uses and
structures are permitted or prohibited in the study area regardless
of the zoning district.
(f)
Use determination and unlisted uses.
(1)
The Director of Public Services shall make the determination
if a proposed use is permitted, permitted with standards, a special
use, or a prohibited use under the provisions of this section.
(2)
An applicant may appeal a determination by the Director of Public Services in accordance with § 25-25 or may seek a text amendment in accordance with § 25-17.
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Table 44-1
Permitted Accessory Uses and Structures
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|---|---|---|---|---|---|---|---|---|
|
Use Type Key
P = Permitted Use
PS = Permitted Use with Standards
S = Special Use
| ||||||||
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Use Category
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R-1, R-2, R-3 or R-4
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R-5, R-6, or R-MM
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B-1
|
B-2, B-3, B-4, B-5, or I-1
|
Downtown Master Plan Study Area
|
F-1
|
Yards Permitted
F = Front
S = Side
R = Rear
|
Use-Specific Standards in Section:
|
|
Accessibility ramps
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
F, S, or R
|
§ 25-45(a)
|
|
Accessory dwelling units
|
S
|
S or R
|
§ 25-45(b)
| |||||
|
Amateur radio towers and antennas
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
S or R
|
§ 25-45(c)
|
|
Catering Establishment
|
PS
|
PS
|
§ 25-45(d)
| |||||
|
Clubhouses
|
S
|
F, S, or R
|
§ 25-45(e)
| |||||
|
Community gardens
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
F, S, or R
|
§ 25-45(f)
|
|
Detached garages and carports
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
S or R
|
§ 25-45(g)
|
|
Detached storage/utility sheds, gazebos, pool houses, greenhouses,
and other similar accessory buildings
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
S or R
|
§ 25-45(h)
|
|
Drive-through facilities
|
S
|
See § 25-45(i).
| ||||||
|
Family day-care homes
|
PS
|
PS
|
PS
|
PS
|
PS
|
Indoors
|
§ 25-45(j)
| |
|
Group day-care homes
|
S
|
S
|
S
|
S
|
S
|
Indoors
| ||
|
Home occupations
|
PS
|
PS
|
PS
|
PS
|
PS
|
Indoors
|
§ 25-45(k)
| |
|
Nursery schools or day-care centers (children or adults)
|
PS
|
PS
|
PS
|
PS
|
PS
|
NA
|
§ 25-45(l)
| |
|
Off-site parking
|
S
|
S
|
PS
|
PS
|
PS
|
All of the lot
|
§ 25-45(m)
| |
|
On-site parking
|
See Article IX, Parking, Access, and Mobility Standards.
| |||||||
|
Outdoor displays and sales
|
PS
|
PS
|
PS
|
F, S, or R
|
§ 25-45(n)
| |||
|
Outdoor dining
|
S
|
S
|
S
|
F, S, or R
|
§ 25-45(o)
| |||
|
Outdoor seating
|
PS
|
PS
|
PS
|
F, S, or R
|
§ 25-45(o)
| |||
|
Outdoor storage and bulk sales
|
S
|
S or R
|
§ 25-45(p)
| |||||
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Outdoor vending machines and dropoff boxes
|
PS
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F, S, or R
|
§ 25-45(q)
| |||||
|
Playsets
|
PS
|
PS
|
S or R
|
§ 25-45(r)
| ||||
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Retail businesses
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
Indoors
|
§ 25-45(s)
|
|
Satellite dishes
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
See § 25-45(t).
| |
|
Solar energy systems
|
See § 25-51.
| |||||||
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Sport courts (outdoor)
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
S or R
|
§ 25-45(u)
|
|
Sports equipment
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
F, S, or R
|
§ 25-45(v)
|
|
Swimming pools (outdoors)
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
|
S or R
|
§ 25-45(w)
|
|
Temporary construction structures
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
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F, S, or R
|
§ 25-45(x)
|
|
Unenclosed patios, porches, and decks
|
PS
|
PS
|
PS
|
PS
|
PS
|
PS
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F, S, or R
|
§ 25-45(y)
|
|
Vestibules
|
PS
|
F, S, or R
|
§ 25-45(z)
| |||||
|
Wind-energy systems
|
See § 25-51.
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[Ord. No. 10702, 2-18-2021]
The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of § 25-42.
(a)
Accessibility ramps. Ramps that provide access to buildings for the
disabled are permitted in all zoning districts and may encroach in
all setbacks but shall not be located within five feet of a side property
line, to the maximum extent feasible. Ramps shall not encroach on
a public sidewalk, right-of-way, or street.
(b)
Accessory dwelling units.
(1)
Accessory dwelling units shall only be permitted when accessory
to a single-family dwelling on a single lot.
(2)
Accessory dwelling units may be constructed within an existing
dwelling unit (interior apartment) or as a separate or converted accessory
structure (e.g., converted garage, carriage house, unit above a garage).
(3)
An accessory dwelling unit that is constructed within the principal
dwelling (interior apartment) shall comply with the following:
(4)
An accessory dwelling unit that is in a separate, detached building
or is added to a detached building shall be constructed in a manner
that reflects the architectural style, materials, colors, and roof
design of the principal dwelling. Such detached building shall meet
the setback requirements for principal buildings in the applicable
zoning district.
(5)
No existing accessory building can be converted to an accessory
dwelling unit or modified to incorporate an accessory dwelling unit
without meeting all the standards of this section, including the required
setbacks.
(6)
Accessory dwelling units may have a maximum height of up to
two stories. In no case shall an accessory dwelling unit exceed the
height of the principal building.
(7)
Only one accessory dwelling unit is permitted on an individual
lot.
(8)
There shall be a minimum lot area of 15,000 square feet for
any lot that contains an accessory dwelling unit.
(9)
The maximum size of an accessory dwelling unit shall be 750
square feet of floor area and shall not contain more than two bedrooms.
The calculation of floor area shall include basements but shall not
include garage space when said accessory dwelling unit is part of
a detached garage.
(10)
One off-street parking space shall be provided in addition to any spaces required in § 25-65. Such parking space shall have direct, drivable access to a street.
(11)
The owner of the lot shall reside in either the principal dwelling
or accessory dwelling unit as long as both dwelling units are occupied
as residences.
(c)
Amateur radio towers and antenna.
(1)
No more than one amateur radio tower and/or stand-alone antenna
shall be permitted on each lot.
(2)
Ground-mounted amateur radio towers, antennas, and related guy
wire anchors must be located in the rear yard.
(3)
Such tower shall not exceed 55 feet in height. The measurement
shall be made from the grade directly beneath the tower to the highest
point on the antenna or tower, whichever is the tallest point of the
structure.
(4)
Antennas and guy wire anchors shall not overhang or otherwise
be located within required accessory structure setbacks or on adjacent
lots.
(5)
When an amateur radio tower and antenna is no longer being used
by an FCC amateur radio license holder for amateur radio service,
the tower and antenna must be removed no more than 180 days after
cessation of the FCC license or the transfer or property ownership
or lease to an individual without an FCC license.
(6)
Amateur radio towers and antennas that do not comply with the
provisions of this section shall require a special use permit. The
application for a special use permit for amateur radio towers and
antennas must demonstrate that compliance with the provisions of this
section would prevent the amateur radio operator from exercising the
rights granted to him or her by the FCC or the State of Missouri by
license or law.
(d)
Catering
establishment.
[Ord. No. 10726, 9-2-2021[1]]
(1)
The
accessory use shall be limited to educational institutions and places
of worship.
(2)
The
accessory use shall be located within a principal building of a nonresidential
use.
(3)
Each
catering establishment shall be licensed with the St. Louis County
Public Health Department and a commissary agreement must be on file
with St. Louis County for each mobile food unit, pushcart, or catering
entity.
(4)
Each
catering establishment shall obtain a Kirkwood Commercial Occupancy
Permit and Business License.
(5)
Deliveries
and the loading/unloading of vehicles shall be limited to the hours
of 7:00 a.m. to 11:00 p.m.
(6)
No
vehicles associated with the catering establishment shall be stored
overnight at the site of the kitchen.
(7)
The
exhaust from the kitchen shall not directly vent onto adjacent residences
or must include scrubbers.
[1]
Editor's Note: Ord. No. 10726 also relettered former Subsections
(d) to (y), which immediately follow, to be (e) to (z), respectively.
(e)
Clubhouses.
(1)
Only one clubhouse is permitted as part of a development in
the R-5 or R-6 District.
(2)
Such clubhouse shall be for the use and gathering of the residents
and their guests in the development the clubhouse serves.
(3)
The clubhouse shall not be used or leased out for commercial
purposes.
(4)
The clubhouse shall be designed with a residential character
that reflects the architectural style, materials, and colors of the
other principal residential dwellings of the related development.
(f)
Community gardens. Community gardens that are accessory to another principal use shall be subject to the same rules as established for community gardens in § 25-36(b).
(g)
Detached garages and carports. Only one detached garage or carport
is permitted on an individual lot.
(h)
Detached storage/utility sheds, gazebos, pool houses, greenhouses,
and other similar accessory buildings. A maximum of two such buildings
are permitted on an individual lot.
(i)
Drive-through facilities. The following standards shall apply to
businesses that contain a drive-through facility regardless of if
the drive-through is part of another use (e.g., restaurant or financial
institution) or if it is a stand-alone use (e.g., automatic teller
machine).
(1)
Audible electronic devices, such as loudspeakers, automobile
service order devices, and similar instruments, shall not be located
within 100 feet of any residential dwelling unit.
(2)
All drive-through areas, including but not limited to drive-through
signs, waiting lanes, trash receptacles, audio equipment, drive-up
windows, and other objects associated with the drive-through area
shall be located in the side or rear yard of a property to the maximum
extent feasible, and shall not cross, interfere with, or impede any
public right-of-way.
(3)
If the drive-through window, drive-through signage (See Chapter 5, Article II, of the Municipal Code.), or any audio equipment is located in the front yard, they shall be screened with landscaping of a height that will fully screen the window, signage, or audio equipment. Such screening shall not be required for waiting spaces that are located in a front yard.
(j)
Family day-care homes.
(1)
Each family day-care home shall not provide for more than six
children unrelated to the day-care operator.
(2)
No such home shall be permitted unless it is licensed by the
Department of Public Health and Welfare, Division of Welfare, State
of Missouri.
(3)
Not more than one such home shall be permitted on each block.
The term "block" as used herein means on both sides of the street
between two intersecting streets, or from an intersecting street to
the dead end of a street. In no instance shall there be more than
30 such family day-care homes established and permitted within the
City of Kirkwood.
(4)
No family day-care home shall be permitted unless the home meets
the minimum setback requirements of the applicable zoning district.
(5)
A family day-care home shall only be permitted in a business
or industrial district if it is accessory to a residential dwelling.
(6)
A permitted family day-care home shall operate only within the
hours of 7:00 a.m. to 7:00 p.m. for the care of children not related
to the day-care operator.
(7)
The occupancy permit for a family day-care home shall be granted
for 12 months, at the end of which time the operator shall be required
to apply for a renewal of the occupancy permit for said permitted
use. At the time of so applying, the operator must demonstrate and
show to the Director of Public Services that the family day-care home
complies with all of the minimum standards herein set forth before
the occupancy permit for said permitted use may be renewed.
(k)
Home occupations. The following standards for home occupations are
intended to provide reasonable opportunities for employment within
the home, while avoiding changes to the residential character of a
dwelling that accommodates a home occupation, or the surrounding neighborhood,
where allowed by this section.
(1)
The home occupation shall be clearly secondary to the full-time
use of the property as a residence.
(2)
Any home occupation that provides services where members of
the public visit or enter the premises may be permitted if designed
to accommodate one client at a time and which meets all other applicable
requirements for home occupations.
(3)
Permitted home occupations. The following uses are examples
of uses that may be approved as a home occupation when in compliance
with this section:
(i)
Art and craft work, including, but not limited to, ceramics,
painting, photography, dressmaking, sewing, weaving, tailoring, ironing,
washing, and sculpting;
(ii)
Office-only uses, including, but not limited to, an office for
an architect, financial advisor, attorney, consultant, counselor,
insurance agent, planner, tutor, contractor, or writer;
(iii)
Personal service establishments, including, but
not limited to, beauty parlors, barbershops, or licensed massage or
physical therapy;
(iv)
Mail order, online businesses, or direct sale product distribution
(e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.); and
(v)
Other similar uses that the Director of Public Services determines
to be similar in nature and impact on the property and surrounding
neighborhood.
(4)
Prohibited home occupations. The following are business activities
that are prohibited as home occupations:
(i)
Animal hospitals, grooming, and boarding facilities;
(ii)
Automotive and other vehicle repair and service;
(iii)
Construction, landscaping, or similar contractor
facilities and storage (an office-only use is allowed in compliance
with the above subsection) and other outdoor storage;
(iv)
Fitness/health facilities that provide group activities or services;
(v)
Medical clinics, laboratories, or doctor's offices;
(vi)
Parking on or dispatching from the site any vehicle used in
conjunction with the home occupation (e.g., landscaping services,
house cleaning, taxi services, construction, etc.) with the exception
of a vehicle owned and operated by the homeowner or tenant;
(vii)
Uses that require explosives or highly combustible
or toxic materials;
(viii)
Welding and machine shop operations;
(ix)
Retail uses with on-site sales;
(x)
Wood cutting businesses; or
(xi)
Other similar uses as determined by the Director of Public Services.
(5)
Operating standards.
(i)
Permitted home occupations shall not create an adverse effect
on the residential character of the zoning district or interfere with
the reasonable enjoyment of adjoining properties.
(ii)
The hours of operation for any home occupation shall be between
the hours of 6:00 a.m. and 8:00 p.m. unless the home occupation is
an office use or other use that does not require clients, employees,
or other people to visit the dwelling, in which case the hours of
operation shall not be limited.
(iii)
No equipment shall be used which will create
any dust, noise, odors, glare, vibrations, or electrical disturbances
beyond the lot.
(iv)
All storage of materials, goods, supplies, or equipment related
to the operation of a home occupation shall be inside the structure.
(v)
The residential building shall not be altered in any manner
that is intended to change the residential appearance of the dwelling
to a building with a commercial appearance. There shall be no separate
entrance created solely for the home occupation.
(vi)
At least one resident of the dwelling shall operate the home
occupation, and there may be up to one employee on-site who does not
reside at the dwelling.
(vii)
The operator of a home occupation in a rental
unit shall be able to demonstrate that the property owner has authorized
the use of the unit for a home occupation.
(viii)
No more than 25% of the floor area of any one
story of the dwelling unit shall be devoted to such home occupations.
(ix)
No additional off-street parking or loading facilities shall
be provided beyond that traditionally used for residential uses. No
additional driveways shall be established for the use of the home
occupation.
(xi)
Traffic shall not be generated by such home occupation in significantly
greater volume than would normally be expected in the residential
neighborhood.
(xii)
There shall be no window display or outdoor storage
or display of equipment, materials, or supplies associated with the
home occupation.
(xiii)
Activities conducted and equipment or material
used shall not change the fire safety or occupancy classifications
of the premises.
(xiv)
When any home occupation results in an undesirable
condition interfering with the general welfare of the surrounding
residential area, such home occupation may be terminated by the Director
of Public Services.
(l)
Nursery schools or day-care centers (children or adults). Nursery
schools or day-care centers may only be permitted as accessory uses
to permitted and conforming nonresidential uses. Such use shall be
located within the principal building except for any outdoor play
areas approved through the special use permit process.
(m)
Off-site parking.
(1)
Required parking spaces reserved for persons with disabilities
shall not be located in an off-site parking facility.
(2)
No off-site parking space shall be located more than 1,000 feet
from the primary use served, measured along the shortest, legal walking
route. This route may include crossing a right-of-way, provided that
the crossing is at a marked crosswalk.
(3)
The off-site parking facility shall adhere to the landscaping requirements for vehicular use areas in Article VIII, Landscaping and Buffering Standards.
(4)
Off-site parking facilities in residential districts shall only
provide parking for uses within the same residential zoning district
and shall not provide parking for uses in adjacent zoning districts.
(5)
Off-site parking facilities shall be used solely for the parking
of passenger motor vehicles. No commercial repair work or service
of any kind shall be conducted on said parking lot.
(8)
Each entrance to and exit from said parking lot shall be at
least 20 feet distant from any adjacent property located in any residential
district, except where ingress and egress to the parking lot is provided
from a public alley or public way separating the residential areas
from the proposed parking lot.
(9)
The off-site parking facility shall be in the same possession,
either by deed or long-term lease, as the property occupied by such
principal use or uses served, and the owner shall be bound by covenants
filed of record in the office of the St. Louis County Recorder of
Deeds, requiring the owner and the owner's heirs, successors and assigns
to maintain the required number of off-street parking spaces during
the existence of said principal use.
(n)
Outdoor displays and sales. Seasonal and permanent facilities for
outdoor display and sales (e.g., garden supply sales, newsstands and
flower stands, and similar uses) that are accessory to another principal
use may be permitted upon compliance with the following:
(1)
Such uses shall not be placed within the street right-of-way
except in the Downtown Master Plan Study Area where such displays
shall comply with the following:
(i)
The displays and/or sales must be temporary and removed from
the sidewalk when the business is closed;
(ii)
There shall be a minimum sidewalk clearance of six feet; and
(iii)
The displays and/or sales shall comply with all
other right-of-way requirements established in the City of Kirkwood
Municipal Code.
(2)
Such uses shall not be placed within an interior drive, or in
a location which will interfere with the vision clearance requirements.
(3)
Outdoor displays and sales shall be related to the principal
use of the site and shall clearly be accessory and incidental to the
principal use. Outdoor displays and sales shall be prohibited when
the principal building is vacant.
(4)
Outdoor displays and sales areas shall not cover an area more
than 20% of the ground floor area of the principal building.
(5)
Outdoor displays and sales areas shall be shown on the site
plan application.
(6)
Outdoor display and sales areas may be permitted in all yards,
provided that the merchandise is displayed along the private sidewalk
or walkway adjacent to the building.
(7)
Outdoor display and sales areas shall be spaced a sufficient
distance from the building, as dictated by the City of Kirkwood Fire
Department, to satisfy all fire safety requirements.
(8)
Any areas designated for outdoor display or sales shall be set
back a minimum of 25 feet from any adjacent lot lines of lots used
for residential purposes.
(9)
The placement of the merchandise shall not interfere with pedestrian
movement on any sidewalk or walkway. A minimum of six feet of the
sidewalk or walkway shall be clear of merchandise to allow for safe
pedestrian movement.
(10)
The outdoor display and sales areas shall be maintained in good
order and appearance.
(o)
Outdoor dining and outdoor seating.
[Ord. No. 10799, 2-15-2023]
(1)
Outdoor dining and outdoor seating areas shall be located on
a private sidewalk, patio, porch, deck, or other surface adjacent
to the principal building the dining is connected with. Outdoor dining
and outdoor seating areas shall not be located in such a manner as
to require customers and employees to cross driveways or parking areas
to go between the seating area and the principal building.
(2)
Outdoor dining and outdoor seating on public sidewalks may be permitted in accordance with § 20-95 of the Municipal Code.
(3)
Outdoor dining and outdoor seating shall not be located within
10 feet of fire hydrants, Fire Department standpipe connections, fire
escapes, bus stops, loading zones, mailboxes, or traffic signal stanchions.
(4)
If no grade separation is provided between vehicular traffic
and the outdoor dining or outdoor seating area, permanent railings
or fencing shall be provided around the area. If the dining or outdoor
seating area is adjacent to a street or area that is closed to vehicular
traffic, no railing or fencing shall be required.
(5)
If the outdoor dining or outdoor seating area is located on
a sidewalk, the area shall be designed so there is a minimum of six
feet of clearance adjacent to the dining or seating area to allow
for safe pedestrian circulation. Such areas shall also not block any
areas of ingress to or egress from the principal building.
(6)
Outside entertainment, whether by band, orchestra, instrument,
musician, singer, radio, television, loudspeaker, microphone, recital,
or any other individual, group or mechanical device shall not be permitted
for outdoor seating areas. Such activities may be permitted as part
of an outdoor dining area if approved as part of the special use permit.
(7)
Umbrellas and awnings that shelter diners from the elements
shall be secured so as not to create a hazard in windy conditions.
(8)
Outdoor tables, chairs, umbrellas, furniture, and decorative
items shall be of uniform design.
(9)
Provision shall be made for appropriate lighting which will
not disturb adjacent property or affect traffic on adjacent rights-of-way.
(10)
Provisions shall be made for adequate litter and trash control,
including the providing and maintenance of trash receptacles. The
outdoor area shall be kept clean and free of debris at all times.
(11)
For outdoor seating areas, the hours of use are limited from
6:00 a.m. to 12:00 midnight except in the B-1 District, where it shall
be limited from 7:00 a.m. to 10:00 p.m. For outdoor dining areas,
the hours of use shall be approved as part of the special use permit.
(12)
Outdoor dining areas that are covered by a roof shall meet all the requirements of a building within the applicable zoning district and shall require review as an expansion of the principal building, as required by this Code. Outdoor dining areas that are covered by a roof but that meet certain criteria found in § 25-63 are exempt from providing additional parking.
(p)
Outdoor storage and bulk sales.
(1)
Outdoor storage and bulk sales areas shall be shown on the site
plan.
(2)
Areas devoted to outdoor storage shall be paved with asphalt
or concrete and free of dust.
(3)
Areas devoted to outdoor storage or bulk sales shall be located
behind the front building line. The enclosed area shall be setback
25 feet from any lot line adjacent to a residential district and in
no case shall the side and rear setback of the enclosed area be less
than 10 feet.
(4)
Outdoor storage or bulk sales areas shall be screened by fencing, walls, or landscaping in accordance with Article VIII, Landscaping and Buffering Standards.
(5)
If the screening needs to exceed eight feet in height to conceal
the storage of materials, the screening shall consist of a wall or
fence and shall be constructed of materials similar to the principal
building so that it appears to be an extension of the principal structure.
See Figure 45-A.
 Figure 45-A
Use of Wall and Fencing for Screening that Is Architecturally
Compatible with Principal Building
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(6)
The above screening may be waived or reduced as part of the
site plan review if it is determined that the storage or sales are
adjacent to similar outdoor activities in the same business or industrial
zoning district.
(7)
Outdoor storage of vehicles and equipment. The accessory outdoor storage of vehicles and equipment related to or utilized by a principal use shall be an accessory use associated with a permitted use in those zoning districts where permitted pursuant to Table 35-1 and shall comply with the provisions of § 25-45(p)(1) through (6) as well as the following:
(i)
All stored vehicles or equipment shall be necessary to and customarily
associated with the principal use.
(ii)
All vehicles or equipment shall be in an operable state. In
no case shall inoperable vehicles be stored.
(iii)
All outdoor storage of vehicles and equipment
shall be enclosed with a solid wall or fence, including solid gates.
The wall or fence shall have a height tall enough to conceal all materials
therein from the view of any observer standing at the grade level
of an abutting residential district line. However, in no case shall
the height of the fence or wall be less than six feet. The solid wall
or fence and the associated gates shall be maintained in good condition.
(iv)
All vehicles and equipment shall be stored in such a fashion
as to be accessible to firefighting equipment at all times.
(v)
These standards shall not apply to the outdoor storage of vehicles
and equipment when the storage or parking of such vehicles or equipment
is a principal use of the lot (e.g., vehicles sales and leasing).
(q)
Outdoor vending machines and dropoff boxes. Outdoor vending machines
and dropoff boxes for recycled goods, books, donations, etc., may
be permitted when they comply with the following regulations:
(1)
No such use or facility shall be placed within the street right-of-way
or within an interior drive.
(2)
The facility or equipment shall be maintained in good operating
order and appearance.
(3)
Vending machines and dropoff boxes shall only be permitted in
the B-3, B-4, B-5 and I-1 Districts.
(4)
Vending machines shall only be placed along the facade
of the principal building with a maximum of one machine for every
50 feet of building frontage. See Figure 45-B.
 Figure 45-B
The above is an image of a vending machine that is appropriately
located along the facade of the building.
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(5)
Only one dropoff box shall be permitted on any single lot.
(6)
Dropoff boxes shall only be permitted in the side or rear yard.
(7)
The dropoff box container shall be emptied at least once every
week. Containers that result in the overflow of donated goods shall
be declared a nuisance and shall be removed immediately upon notification
by the Director of Public Services at the expense of the property
owner or business owner.
(r)
Playsets.
(1)
If a playset has more than 120 square feet of enclosed play
area, the use shall be reviewed in the same manner as a detached storage/utility
shed, gazebo, pool house, greenhouse, and other similar building.
(2)
Any playset with an enclosed area of less than 120 square feet
shall be permitted in the side or rear yard. For corner lots, these
smaller playsets may be permitted in the front yard of the secondary
street frontage, provided that the playset is set back a minimum of
10 feet from the lot line. For multiple frontage lots, these smaller
playsets may be permitted in the front yard on which the house is
not addressed, provided that the playset is set back a minimum of
10 feet from the lot line. See Figure 42-B for an illustration of
the location of the applicable front yards.
(s)
Retail businesses. Retail businesses are permitted in all zoning
districts where such uses are not principally permitted, provided
that:
(t)
Satellite dishes.
(1)
Satellite dishes of one meter in diameter or less shall be exempt
from the provisions of this article.
(2)
Satellite dishes shall be limited in residential districts to
a maximum of one satellite dish per residential unit.
(3)
Building-mounted satellite dishes shall not exceed three feet
above the maximum height of the building on which they are located.
(4)
Ground-mounted satellite dishes shall not exceed 12 feet above
the adjacent ground level.
(5)
To the maximum extent feasible, the dish should be located in
the side or rear yard.
(6)
Satellite dishes larger than one meter in diameter may be permitted
if approved as a special use.
(u)
Sport courts. For corner lots, a sport court may be permitted in
the front yard of the secondary street frontage, provided that it
is set back a minimum of 10 feet from the lot line. For multiple frontage
lots, a sport court may be permitted in the front yard on which the
house is not addressed, provided that it is set back a minimum of
10 feet from the lot line. See Figure 42-B for an illustration of
the allowable yards.
(v)
Sports equipment. Sports equipment such as basketball hoops, nets,
goals, etc., shall not be located in rights-of-way or be so located
as to require play in any right-of-way.
(w)
Swimming pools (outdoors).
(1)
A swimming pool shall be intended and used solely by the occupants
and guests of the principal use of the property on which it is located.
(2)
Aboveground swimming pools shall meet the setback requirements of the principal building on the lot, as established in §§ 25-48 and 25-49, as applicable. Aboveground swimming pools shall be defined as any pool where the waterline is above grade and requires walls or a support system to contain the water.
(3)
In-ground swimming pools where the waterline is below grade
shall comply with the accessory use setbacks established in this section;
however, said pools shall not be required to comply with the increased
setback requirements for accessory structures with walls or facades
that are 25 feet in length or greater.
(4)
Any patio, deck, or other surface around a swimming pool shall
be subject to the applicable standards for such patio, terrace, deck
or other structure established in this section.
(x)
Temporary construction structures. Temporary structures for construction
operations may be permitted in any district if such structures are
deemed necessary, provided that:
(1)
The use of such structures shall be limited to offices; buildings
for the storage of lumber, tools, equipment, and other building materials;
and construction dumpsters. Such structures may also be utilized to
accommodate the existing uses on a site while there is a valid building
permit.
(2)
The temporary construction structure shall be placed on the
same site as the related construction, to the maximum extent feasible.
If the structure is proposed to be established on a separate lot,
the applicant shall identify such location on the site plan application
for the related construction activity, and approval of such placements
shall be required as part of the applicable site plan review.
(3)
All temporary structures shall be set back a minimum of 25 feet
from the nearest occupied residential dwelling.
(4)
A temporary construction structure may be placed on the site
up to two weeks prior to the start of grading or construction.
(5)
In all districts except the R-1, R-2, R-3, and R-4 Districts,
temporary dumpsters for construction shall be prohibited in the front
yard.
(6)
The structure shall not be located within a floodplain or in
a location that will obstruct drainage flow nor shall it be placed
in or block a right-of-way.
(7)
The structure shall not block or prevent access to any fire
hydrant.
(8)
All temporary structures for construction operations shall be
removed within 30 days after the completion of work on the premises.
In no instance shall a temporary construction structure be permitted
for more than 18 consecutive months unless an extended time is approved
for construction as part of the site plan review.
(9)
A proper building permit shall be required.
(y)
Unenclosed patios, porches, and decks.
(1)
Unenclosed patios that do not extend more than three feet above
grade are permitted in any yard, provided that they are set back a
minimum of two feet from all lot lines.
(2)
Unenclosed porches and decks that do not exceed one story in
height may extend up to 10 feet into the minimum front and rear yard
setback requirement.
(3)
Patios, porches, and decks in the rear yard may have built-in
fireplaces, grills, or kitchen areas, provided that such use complies
with any applicable building code requirements.
(4)
Patios, porches, and decks that have been enclosed with walls
shall be considered a part of the principal structure and shall be
subject to the site development standards of the applicable zoning
district.
(z)
Vestibules. An enclosed vestibule or porch that contains no more
than 40 square feet may encroach into the front yard up to four feet.
