City of Kirkwood, MO Article V Accessory Uses and Structures

§ 25-41 Purpose.

[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.

§ 25-42 General provisions.

[Ord. No. 10702, 2-18-2021; Ord. No. 10936, 2-5-2026]

(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:

(1) Up to 180 days consistent with that allowed by Article XII, Nonconformities; or

(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 for a single-family residential 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 for accessory structures serving single-family residential structures. For accessory structures serving single-family residential structures, 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

(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

§ 25-43 Prohibited structures for 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.

§ 25-44 Permitted accessory uses and structures.

[Ord. No. 10702, 2-18-2021; Ord. No. 10726, 9-2-2021; Ord. No. 10916, 11-20-2025; Ord. No. 10936, 2-5-2026]

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).

(b) Prohibited uses.

(1) A blank indicates that a use is prohibited in the respective zoning district.

(2) Any use not specifically listed shall be considered prohibited unless approved through a code text amendment or addressed through § 25-44(f).

(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.

Table 44-1 Permitted Accessory Uses and Structures
Use Type Key P = Permitted Use PS = Permitted Use with Standards S = Special Use
Use Category	R-1, R-2, R-3 or R-4	R-5, R-6, R-7, or R-MM	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-based businesses, no-impact	PS	PS	PS	PS	PS		Indoors, S or R	§ 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)
Outdoor vending machines and dropoff boxes				PS			F, S, or R	§ 25-45(q)
Playsets	PS	PS					S or R	§ 25-45(r)
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.
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	F, S, or R	§ 25-45(x)
Unenclosed patios, porches, and decks	PS	PS	PS	PS	PS	PS	F, S, or R	§ 25-45(y)
Vestibules		PS					F, S, or R	§ 25-45(z)
Wind-energy systems	See § 25-51.

§ 25-45 Standards for specific accessory uses and structures.

[Ord. No. 10702, 2-18-2021; Ord. No. 10726, 9-2-2021; Ord. No. 10799, 2-15-2023; Ord. No. 10916, 11-20-2025; Ord. No. 10936, 2-5-2026]

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:

(i) May occupy a basement, first, or second story of a main residence if it is designed as an integral part of the main residence and meets the setbacks required for the main residence.

(ii) Any separate external entrance shall be located on the side or in the rear of the building.

(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.

(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.

(e) Clubhouses.

(1) Only one clubhouse is permitted as part of a development in the R-5, R-6, or R-7 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.

(4) Drive-through facilities shall be required to include vehicle queuing lane requirements as established in § 25-66.

(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-based businesses, no-impact. The following standards for home-based businesses are intended to provide reasonable opportunities for employment within the home, as long as the business does not change the residential character of the residential building, adversely affect the character of the surrounding neighborhood, or adversely affect public health and safety. Home-based businesses that do not qualify as no-impact, home-based business are prohibited.

(1) The home-based business shall be clearly incidental and secondary to the full-time use of the property as a residence.

(2) The activities of the business are limited to the sale of lawful goods and services.

(3) No alteration to the exterior appearance of the residential building or premises shall be made which detracts from its residential character.

(4) The home-based business shall occur inside the residential dwelling or accessory structure, or in the side or rear yard of the residential dwelling, and shall not be visible from the street.

(5) All storage of materials, goods, supplies, or equipment related to the operation of a home-based business shall not be visible from the street or produce any effects outside the residential dwelling or accessory structure.

(6) On-site storage of hazardous materials (including without limitation toxic, explosive, noxious, combustible, or flammable materials) beyond that normally incidental to residential use is prohibited.

(7) No home-based business or equipment used therein shall create any dust, noise, odors, glare, vibrations, electrical disturbances, or any other nuisance conditions as set forth in the Kirkwood Code of Ordinances.

(8) Any residential dwelling where a home-based business is operated shall have a valid occupancy permit and the owner and operator of the home-based business shall be listed as an occupant on the Occupancy Certificate.

(9) The total number of employees and clients on-site at one time shall not exceed the occupancy limit for the residential dwelling.

(10) The home-based business shall not cause a substantial increase in traffic through the residential area.

(11) The home-based business shall not generate violations of any parking regulations established by the City.

(12) There shall be no permanent signs other than a wall sign for individual residential dwellings as set forth in Chapter 5, Article II, of the Kirkwood Code of Ordinances.

(13) The home-based business shall comply with all applicable health and safety regulations of the City, including applicable fire, building, and property maintenance codes, all regulations governing health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control.

(14) The home-based business shall comply with all State and Federal laws and shall pay all applicable taxes. The requirements of this Section shall not be construed as an exemption from any such laws or regulations.

(15) The home-based business shall comply with all regulations set forth in Sections 89.500 and 71.990, RSMo.

(16) The City may require certification of a no-impact, home-based business in the form of an affidavit or declaration for the purpose of verifying that the home-based business meets the standards set forth herein and is compliant with State and Federal law.

(17) When any home-based business violates the standards set forth herein, the Director of Planning and Development Services may determine that the business does not qualify as a no-impact, home-based business and may order that said business operation be terminated. An appeal of the Director's decision may be made under the provisions of § 25-25 herein.

(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.

(6) Only signage authorized in Chapter 5, Article II, of the Municipal Code shall be permitted on the lot used for off-site parking.

(7) Lighting shall comply with § 25-52.

(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.

(11) The outdoor display and sale of goods and products shall be limited to those goods and products that a customer can pick up and carry into the building for purchase. Larger items may be displayed for sale if in compliance with the outdoor storage requirements of § 25-45(p).

(o) Outdoor dining and outdoor seating.

(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

(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.

(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:

(1) Such uses are an accessory use;

(2) The uses are located completely within a principal building of a nonresidential use; and

(3) The total floor area of accessory uses shall not exceed 15% of the total gross floor area of the principal building.

(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.