City of Lake Saint Louis, MO Article IV Accessory Uses And Structures

Section 420.120 Purpose.

[Ord. No. 4190, 2-1-2021]

A. The purpose of this Article is to establish minimum standards for accessory uses and structures that are incidental and customarily subordinate to principal uses. These standards are established to minimize adverse impacts on surrounding properties and the community.

Section 420.130 Accessory Uses And Structures Allowed.

[Ord. No. 4190, 2-1-2021]

A. Unless expressly prohibited, accessory uses and structures are permitted in any zoning district in connection with any allowable principal use, and are subject to use-specific standards in Section 420.150, Additional Standards for Specific Accessory Uses and Structures.

B. Small accessory structures, such as doghouses, benches, garden decorations, mailboxes, and similar items, shall be exempt from the provisions of this Article, provided that they do not have a footprint that exceeds fifty (50) square feet.

C. Except as provided in this Code, the use of inflatable garages or storage structures, portable carports or garages that are not permanently anchored into a foundation, temporary structures, portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any zoning district.

Section 420.140 Standards For All Accessory Uses And Structures.

[Ord. No. 4190, 2-1-2021]

A. Ownership.

1. Accessory structures and uses shall be under the same ownership as the principal structure and use.

B. Relationship To Principal Uses And Structures.

1. Any accessory use or structure shall be conducted and located on the same lot as the principal use or structure.

2. Unless otherwise allowed by this Code, an accessory use or structure shall not be established prior to the establishment of the principal use or structure.

3. No accessory use or structure shall be allowed unless the principal structure or use is being used.

C. Standards.

1. Except as specifically stated in Table 410.130.G, Permitted Setback Projections, or elsewhere in this Code, accessory uses and structures shall be located in rear and side yards only and are subject to the same dimensional standards as required for principal structures.

2. On double-frontage lots, for the purposes of allowing accessory uses and structures which are permitted in the rear yard, the yard that is located to the rear of the principal structure shall be considered the rear yard, not the front yard.

3. No accessory structure shall exceed the size or height of the principal structure.

4. Outdoor storage associated with any accessory use or structure is prohibited except as specifically stated in this Code.

5. All accessory structures that require a building permit shall be architecturally compatible with its associated principal structure and/or screened from view of abutting properties and public rights-of-way.

Section 420.150 Additional Standards For Specific Accessory Uses And Structures.

[Ord. No. 4190, 2-1-2021]

A. Generally.

1. Conflicts.

a. Where a use-specific standard is imposed, it is to be followed in lieu of a general provision of this Code.

b. Where the use-specific standard does not address a required standard and it is otherwise contained in this Code, the standard in this Code shall be followed.

c. In the event of a conflict between the use-specific standards and other standards of this Code, the use-specific standards shall control.

2. Modifications And Waivers.

a. The standards of this Article may be waived or modified through one (1) of the following procedures, except where an alternative procedure is specified in this Article:

(1) Minor adjustment (Section 405.220).

(2) Special use permit (Section 405.170).

(3) Variance (Section 405.230).

(4) Zoning Map amendment (Section 405.100) to planned unit development (Section 415.130).

B. Agricultural Structures.

1. Agricultural structures are permitted in the RR Zoning District.

2. Agricultural structures may be established prior to the establishment of the principal use or structure.

3. Agricultural structures may exceed the size or height of the principal structure.

4. Use of such structures is limited to the occupant(s) of the property.

5. Stables shall be set back a minimum of two hundred (200) feet from any property line.

6. Density of horses or ponies or cattle shall not exceed one (1) per grazing acre.

C. Residential Accessory Structures.

1. With the exception of detached garages and pool houses, accessory structures that are both enclosed and roofed, including but not limited to utility sheds, are not permitted in association with residential uses in the R1, R2, R3, R4, R5 and R6 Zoning Districts.

D. Caretaker's Residence.

1. A caretaker's residence is permitted in mixed-use and nonresidential zoning districts.

E. Donation Collection Bin.

1. Donation collection bins are permitted in the PA Zoning District.

F. Drive-Through/Drive-Up Facilities.

1. Drive-through/drive-up facilities are permitted in mixed-use and nonresidential zoning districts, and require approval of a special use permit when located in the MU Zoning District.

G. Fences.

1. Refer to Section 425.110, Fences.

H. Home Occupations.

1. The following uses, and other uses determined by the Community Development Director to be similar in nature and impact, are permitted home occupations:

a. Nursery schools and day-care centers caring for ten (10) or fewer children.

b. Dressmakers, seamstresses, tailors.

c. Music teachers, provided that instructions shall be limited to one (1) pupil at a time, except for occasional groups.

d. Artists, sculptors and authors or composers.

e. Office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions.

f. Ministers, rabbis, priests.

g. Office facilities for salesmen, sales representatives, manufacturers' representatives, when no retail or wholesale sales are made or transacted on the premises or where no warehousing occurs.

h. Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment is used or employed other than that which would customarily be found in the home. Machinery or equipment which would customarily be found in the home shall include machinery or equipment that would customarily be employed in connection with a hobby or vocation not conducted for gain or profit.

2. The following uses are prohibited home occupations:

a. Barbershops and beauty parlors.

b. Dancing schools.

c. Funeral homes.

d. Nursery schools and day-care centers caring for eleven (11) or more children.

e. Restaurants.

f. Stables, kennels or animal hospitals.

g. Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, etc.

h. Lodging home, including, but not limited to, bed-and-breakfast.

i. Motor vehicle repair or service.

j. Maintenance or outfitting of major recreational equipment, including, but not limited to, boats, motor homes, camping trailers and other recreational vehicles.

k. Tattoo parlor/piercing salon.

l. Sale of firearms.

3. Limitations.

a. In addition to all use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following provisions:

(1) The business shall not employ persons other than family members who reside on the premises.

(2) No more than twenty-five percent (25%) of the total enclosed floor area, including basement, garage or attic spaces of a dwelling unit, may be used for such business.

(3) No alteration of a principal residential structure shall be made which changes the character thereof as a dwelling.

(4) No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the place of business.

(5) There shall be no exterior storage of equipment or material used in connection with the business.

(6) There shall be no traffic or parking generated by a home occupation in addition to that customary to a residential unit.

I. Motor Vehicle Repair And Service.

1. Repair or service of any motor vehicle is permitted in residential zoning districts if the activities are confined within a completely enclosed building or the repairs are minor in nature and are fully completed within a period of twenty-four (24) hours or less.

2. All such repairs shall be limited to motor vehicles owned by the property occupant or an entity in which the occupant has a financial interest.

3. Repair and restoration of vehicles owned by any party other than the occupant, or an entity in which the occupant has a financial interest, is prohibited.

4. In the RR Zoning District, repair and restoration of automobiles and light trucks (for street purposes only), recreational vehicles, boats, agricultural tractors and accessory trailers are also permitted in accessory buildings and at locations and under provisions approved for outdoor storage.

5. Under no circumstances shall the repair and restoration of vehicles be a home occupation or business.

6. All activities shall comply with Chapter 365, Stopping, Standing or Parking Restricted or Prohibited on Certain Streets, of the Municipal Code.

J. Outdoor Storage.

1. RR District.

a. Setbacks And Screening.

(1) Outdoor storage shall be located behind the front line of the principal structure and in conformance with the required side and rear yard setbacks.

(2) Unless otherwise noted, all outdoor storage shall be screened in accordance with Section 425.100, Screening.

(3) Outdoor storage within two hundred (200) feet of any residentially zoned property shall be screened so that the materials being stored cannot be seen from the ground level of said residentially zoned property.

b. Recreational Vehicles, Utility Trailers And/Or Agricultural Equipment. The outdoor storage of recreational vehicles, utility trailers and/or agricultural equipment is permitted in accordance with the following:

(1) The maximum number of recreational vehicles, utility trailers and/or pieces of agricultural equipment [such as a tractor and tractor implements, which will be considered as one (1) vehicle] that may be stored outdoors is three (3).

(2) All shall be currently licensed (if applicable), be in immediately operable condition and not in a visible state of disrepair.

(3) No other motor vehicles may be stored outdoors except in compliance with Chapter 365, Stopping, Standing or Parking Restricted or Prohibited on Certain Streets, of the Municipal Code.

c. Lawn Mowing Equipment. The outdoor storage of lawn mowing equipment is permitted if the equipment is in immediately operable condition and not in a visible state of disrepair.

d. Firewood. The outdoor storage of firewood, for use of the occupant, is permitted without screening when stored on racks or evenly piled or stacked, and when located behind the front line of the property's principal structure and otherwise contained within the boundaries of required setback lines for rear yards and side yards.

2. MU, C1 and C2 Zoning Districts.

a. Outdoor storage shall be located behind the front line of the principal structure and in conformance with the required side and rear yard setbacks.

b. Areas devoted to outdoor storage shall be paved.

c. Outdoor storage shall be screened in accordance with Section 425.100, Screening.

d. No materials shall be stacked above the top of the screening device. Items extending beyond the top of the screening device are permitted, provided that they are not stacked.

e. Outdoor displays of merchandise for sale may be located in the front yard and do not require screening.

f. Seasonal sales or one-time special events that incorporate outdoor displays and sales are a temporary use subject to Section 420.190(F), Outdoor Displays and Sales.

3. LI Zoning District.

a. Outdoor storage shall be located behind the front line of the principal structure.

b. Outdoor storage shall be screened in accordance with Section 425.100, Screening.

c. Outdoor storage is permitted on an adjacent lot under the same ownership or management control, when the adjacent lot has an approved principal use and when the outdoor storage on the lot is clearly accessory to the approved principal use on the adjacent lot.

d. Outdoor displays of merchandise for sale is not permitted.

K. Parking.

1. In accordance with Chapter 425, Article III, Parking, Access, and Mobility.

2. Electric Vehicle (EV) Parking Spaces.

[Ord. No. 4588, 12-18-2023]

a. May be utilized at approved off-street parking spaces.

b. Shall not reduce the requirements for ADA parking spaces.

c. Shall comply with all applicable location and design requirements for parking in the zoning district, including the battery charging mechanical equipment that serves the parking space.

d. Shall screen all battery charging mechanical equipment in compliance with the applicable screening requirements for the zoning district, with the exception of electric vehicle (EV) charging posts.

L. Rain Barrels.

1. General Requirements.

a. The unit or device's overflow hose shall be directed safely away from it, and shall not obstruct or drain upon a neighboring property.

b. The unit or device may be elevated by a concrete, wood, or brick paver platform that shall not exceed eight (8) inches in height.

c. The unit or device shall not be connected directly to a downspout. A minimum five-inch air gap shall separate the downspout and the unit or device's lid to provide easy access to clean the screening and to prevent ice damming in the event the unit or device is not properly winterized.

d. The unit or device shall be cleaned at least annually.

e. The system shall be used and maintained in a manner that does not cause a public nuisance and may be subject to inspection and/or enforcement action as a result of a complaint.

2. Design Standards.

a. The rain barrel unit or device, whether constructed or manufactured, may vary in style, but shall function as a collector of rooftop rainwater for reuse purposes.

b. The unit or device shall have a tight-fitting lid, kept securely attached to the device.

c. The unit or device's opening shall be protected with a corrosion-resistant metallic fine mesh [five hundredths (0.05) inch by five hundredths (0.05) inch] to prevent mosquitoes from entering.

d. The capacity or volume of the unit or device shall not exceed sixty-five (65) gallons.

e. The unit or device shall have an overflow hose affixed to the upper portion of it to allow release of excess water.

f. The exterior of the unit or device shall not be painted or decorated in such a manner that is inconsistent with the surrounding area or offensive to the general senses of the neighboring properties.

g. The number of units or devices serving a given structure shall not exceed the number of downspouts serving the structure.

3. Location Standards.

a. The unit or device shall only be located in an interior side yard or the rear yard of a property.

b. The outer edge of the container shall not exceed five (5) feet from the building from which the water is collected.

M. Solar Energy Systems.

1. General Requirements.

a. A building permit is required prior to the installation of any solar energy system unless otherwise exempted by the Building Official.

b. The owner of a solar energy system shall ensure that the installation, inspection, maintenance, repair and replacement of the solar energy system and all its components are in accordance with all applicable municipal codes, NFPA 70 and the requirements of any other State or Federal agency of competent jurisdiction.

c. All wiring associated with a solar energy system shall be routed underground or contained within a raceway that complements the building materials of the principal structure.

d. Solar energy collectors shall be located in the least visible location from perspectives outside the property lines where panels would be reasonably, though not necessarily optimally, functional.

e. Solar energy collectors shall be documented by the manufacturer as being nonreflective pursuant to recognized engineering standards showing reflectivity of less than thirty percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby properties or streets.

f. Building-integrated solar energy systems shall be allowed regardless of visibility, provided that the building-integrated system meets all required setback, height and land use requirements for the district in which the building is located.

g. Solar energy system design shall be performed by a qualified solar installer or by an electrical engineer licensed by the State of Missouri. All solar energy system installations shall be performed by or supervised by the system designer.

2. Ground-Mounted Solar Energy Systems.

a. Ground-mounted solar energy systems shall only be located in the rear and side yards of a property.

b. In residential zoning districts, ground-mounted solar energy systems and supporting structures may not exceed a total height of five (5) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system and shall be installed such that the ground underneath can be properly maintained.

c. In nonresidential zoning districts, ground-mounted solar energy systems and supporting structures may not exceed a total height of twenty (20) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system.

d. The area below ground-mounted solar energy systems shall have decorative mulch or rock that has a retaining border capable of retaining the mulch or rock within the intended area.

e. Ground-mounted solar energy systems shall be substantially screened from public view (including adjacent properties and public rights-of-way) by walls, plantings, or other architectural features or a combination thereof; provided, however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially nonfunctional.

3. Building-Mounted Solar Energy Systems.

a. Building-mounted solar energy systems shall be:

(1) Installed in the plane of the roof (flush-mounted); or

(2) Made part of the roof design (capping or framing compatible with the color of the roof or structure).

b. Where solar energy equipment is installed on roofs, the roof shall be constructed to support the loads imposed by such modules.

c. When located on a sloped roof, solar energy collectors shall be located on a rear- or side-facing roof, as viewed from a fronting street. In cases of corner lots or lots with more than one (1) street frontage, the side of the roof fronting a street shall be considered a front-facing roof.

d. Solar energy systems shall not project vertically above the peak of a sloped roof to which it is attached.

e. When located on a sloped roof, solar energy collectors shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located.

f. Solar energy collectors installed on a flat roof must be screened by the use of a parapet or other architectural feature to screen the view from the street or from ground level on adjoining properties.

g. All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the structure and the materials adjacent to the lines when visible from the street.

h. Building-mounted solar energy systems on an accessory building may be located on any roof that is not facing the principal structure frontage.

N. Swimming Pools (Outdoor).

1. Above ground swimming pools, except temporary pools with a depth of less than eighteen (18) inches, are prohibited.

2. Swimming pools shall be located behind the rear wall of the principal structure and may encroach into the required side and rear yard setbacks in accordance with Table 410.130.G, Permitted Setback Projections.

3. The swimming pool shall be completely surrounded by an approved barrier as required by the Building Code, and in accordance with Section 425.110, Fences.

4. Mechanical equipment, such as pumps and filters, shall be screened in accordance with Section 425.100, Screening.

5. Plantings shall be used to complement the swimming pool and soften its visual impact.

6. Light fixtures, standards and all exposed accessories shall be complementary to the building and swimming pool design. Lighting shall be restrained in design, and excessive brightness and brilliant colors avoided. In no case can floodlights be used.

7. Temporary fencing shall be installed prior to the commencement of excavation for a swimming pool. The temporary construction fence shall be erected to prevent entry to the pool excavation site by unauthorized persons. The maximum time limit for temporary fencing is thirty (30) days from issuance of the building permit. At the end of thirty (30) days a permanent fence must be in place.

O. Trash Enclosures.

1. Trash enclosures shall comply with Chapter 235 of the Municipal Code, Solid Waste.

2. Trash enclosures may encroach into the required front, side and rear yard setbacks in accordance with Table 410.130.G, Permitted Setback Projections. Enclosures shall be located to minimize visual and impacts and odors on the primary street frontage and neighboring properties and uses to the maximum extent feasible.