City of Fenton, MO Article I Accessory Buildings, Structures, And Uses — Generally

Section 425.010 General Requirements For Accessory Buildings, Structures, And Accessory Uses.

[R.O. 2009 § 460.010; Ord. No. 3631 §  3, 10-27-2016[1]]

A. For the purpose of this Article, the term "Accessory Use" shall also include Accessory Buildings and Structures. As set forth in the definitions, to be considered an Accessory Use, a use, Building, or Structure must be incidental to, subordinate in size or purpose, and customary in conjunction with the Principal Building, Structure, or Principal Use and is located on the same Lot as the Principal Building, Structure, or Principal Use.

B. Permitted Accessory Uses, include, but are not limited to, the following:

1. Detached Private Garages.

2. Detached Carports.

3. Greenhouses (non-commercial).

4. Swimming pools (in-ground and above ground), including hot tubs and elevated Decks for pools.

5. Tennis, basketball, volleyball, and other similar sport courts.

6. Storage Structures.

7. Private Stables located in the "R-1" District.

8. Accessory Uses related to Farming.

9. Home Occupations; see Section 425.030 below.

10. Marijuana Cultivation; see Section 425.040 below.

[Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]

11. Satellite Dishes; see Section 425.050 below.

C. A permit is required for any Accessory Building or Structure, except Accessory Uses that are:

1. Unattached to the ground and less than one hundred twenty (120) square feet in size;

2. A Home Occupation;

3. Satellite Dishes; or

4. Marijuana Cultivation; see Section 425.040 below.

[Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]

Exemptions from the permit requirement shall not be deemed to grant authorization for any Accessory Use to be constructed and maintained in violation of this Article, the Zoning Code, or any other laws or ordinances of the City or other applicable law.

D. All Accessory Uses shall conform to the requirements of this Article as necessary to ensure the public's safety and general welfare.

E. All Accessory Uses shall be adequately attached to the ground and shall be erected in a secure and wind-resistant manner.

F. Accessory Buildings or Structures shall not be used for Residential Dwelling purposes.

G. Storage Structures may be erected upon a Lot in a Residential District prior to the construction of a Residential Dwelling, not to exceed two (2) months, provided that said Storage Structure does not encroach the required Front Setback of the Zoning District and has a minimum Setback of five (5) feet from all other Lot Lines.

H. The height or size of an Accessory Use shall not exceed the height or size of the Principal Building; except in the "R-1" District where the Principal Use of the Lot is a Residential Use, the height of the Accessory Use may exceed the height of the Principal Building but shall not be permitted to exceed twenty (20) feet in height.

[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]

I. No more than one (1) Storage Structure shall be permitted on any Lot in the Residential Districts, unless associated with Farming.

[Ord. No. 3840, 8-23-2018]

J. Except as otherwise provided in Subsection (H) above, Detached Private Garages and Detached Carports associated with a Residential Dwelling shall not exceed twenty (20) feet in height, or the height of the Principal Building, whichever is less.

[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]

K. Except as otherwise provided in Subsection (H) above, Storage Structures associated with a Residential Use shall not exceed twelve (12) feet in height.

[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]

L. No Accessory Use, except Detached Private Garages, Detached Carports, sport courts, and swimming pools, shall be larger than ten percent (10%) of the Rear Yard of the Lot. In no event shall the total square footage of all Accessory Uses on a Lot exceed thirty percent (30%) of the total Rear Yard area.

M. Except as otherwise provided within this Code or in the following circumstances, Accessory Uses may only be located within the Principal Building or within the Rear Yard of any Lot and have a minimum Setback at least five (5) feet from any adjacent Lot Line.

1. Temporary stands offering for sale farm products produced on a Lot within a Residential District or Lot used for Farming may be located within the Front Yard.

2. Temporary lemonade stands or similar temporary stands operated by minors on a Lot within a Residential District may be located within the Front Yard.

3. Retaining Walls may be located in any Yard of the Lot in which it is constructed.

4. Outdoor Displays, Sales, and Storage; see Chapter 425, Article IV.

[Ord. No. 3851, 8-23-2018]

N. Exceptions. Notwithstanding the regulations of this Article, the following Accessory Uses are regulated elsewhere in this Article:

1. Outdoor Dining; see Chapter 425, Article II.

[Ord. No. 3854, 9-27-2018]

2. Drive-Through Services; see Chapter 425, Article III.

3. Outdoor Displays, Sales, and Storage; see Chapter 425, Article IV.

4. Solar Energy Systems; see Chapter 425, Article V.

5. Fencing; see Chapter 425, Article VI.

6. Other Accessory Uses not specifically regulated shall comply with the use regulations requirements of the applicable Zoning District in which they are located.

[1] Editor's Note: Former Article I, Accessory Buildings, Structures And Uses, comprised of Sections 460.010 through 460.020, which derived from Ord. No. 3268 §  1, 6-28-2012, was repealed 10-27-2016 by Ord. No. 3631.

Section 425.020 Additional Requirements For Non-Residential Use And Multiple-Family Dwelling Accessory Structures, Buildings And Accessory Uses.

[R.O. 2009 § 460.020; Ord. No. 3631 §  3, 10-27-2016; Ord. No. 3824, 7-26-2018]

A. Accessory Buildings or Structures that are two hundred (200) square feet or more in size shall require Site Plan Review (see Chapter 435, Article II).

B. Enclosed Accessory Buildings that are two hundred (200) square feet or more in size shall have Facade materials that are compatible with the Principal Building to which it is related.

Section 425.030 Additional Requirements For Home Occupations.

[R.O. 2009 § 460.030; Ord. No. 3631 §  3, 10-27-2016; Ord. No. 4261, 9-22-2022]

A. Purpose. The following requirements for Home-Based Businesses and Home-Based Work are enacted for the purpose of protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control; ensuring that the business activity is compliant with City, State, and Federal law; and confirming that the business is paying applicable taxes.

B. Definitions. As used in this Section the following terms shall have the meanings indicated:

GOODS or SERVICES

Any work, labor, merchandise, equipment, products, supplies, or materials, of any tangible or intangible nature, except real property or any interests therein.

HOME-BASED BUSINESS

Any business operated in a Residential Dwelling, by a person residing in that Residential Dwelling, that manufactures, provides, or sells Goods or Services and that such business is owned and operated by the owner or tenant of the Residential Dwelling.

HOME-BASED WORK

Any lawful occupation performed by a resident within a Residential Dwelling or Accessory Structure, which is clearly incidental and secondary to the use of the Dwelling Unit for residential purposes and does not change the residential character of the Residential Dwelling or adversely affect the character of the surrounding neighborhood.

HOME OCCUPATION

Either a No Impact Home-Based Business or resident or residents of the Residential Dwelling doing Home-Based Work.

NO IMPACT HOME-BASED BUSINESS

Any Home-Based Business:

a. Where the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the Residential Dwelling; and

b. The activities of the business:

(1) Are limited to the sale of lawful Goods and Services;

(2) May involve having more than one (1) client on the Property at one (1) time;

(3) Do not cause a substantial increase in traffic through the residential area;

(4) Do not violate the Residential Parking Requirements set forth in Section 430.120;

(5) Occur inside the Residential Dwelling or in the Yard of the Residential Dwelling;

(6) Are not visible from the Street; and

(7) Do not violate the narrowly tailored regulations in Subsection (C), below.

C. A Home Occupation may operate in any Residential District provided the Home Occupation:

1. Is:

a. Clearly incidental and secondary to the Principal Use of the Dwelling Unit; and

b. Does not occupy more than forty-nine percent (49%) of the Gross Floor Area of the Dwelling; and

2. Does not change the residential character of the Residential Dwelling by altering or modifying the exterior of the Dwelling so as to indicate the presence of a Home Occupation; and

3. Is operated such that the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the Residential Dwelling; and

4. Pays all applicable taxes and otherwise operates in compliance with applicable City, State, and Federal law; and

5. Is operated by a resident or residents of the Dwelling Unit; and

6. Does not adversely affect the character of the surrounding neighborhood by allowing or causing, for example, unless otherwise permitted in this Code, commercial or delivery vehicles used in connection with the Home Occupation to be parked at or stored on the Property or visit the Property with a frequency of more than two (2) visits per day; a steady or concentrated visitation of clients to the Dwelling; a substantial increase in traffic or on-street parking through the residential area; storage or the use of equipment that produces negative effects outside the Residential Dwelling or Accessory Structure; or similar adverse impacts.

D. A license is not required for Home Occupations nor any fee, but within sixty (60) days of establishing a Home Occupation the resident is asked to supply the City with: (1) a copy of their business's Missouri Tax I.D. number and, for Home Occupations selling goods at retail, a Statement of No Tax Due in accordance Missouri Statutes (Section 144.083.2 and 144.083.4, RSMo.); and (2) a written description of the Home Occupation, the percentage of the Dwelling to be occupied by the Home Occupation, and the number of employees to be working at the Home Occupation who are not residents of the home. At the same time, to help ensure the proposed Home Occupation complies with the requirements of this Subsection, the City shall supply the resident with a copy of this Subsection or a summary of its requirements. Upon receipt of the written description, the City shall verify for the resident that the Home Occupation complies with this Section. Any change in the amount of Gross Floor Area occupied by the Home Occupation as detailed in the original description, number of employees, or the type of Home Occupation should be followed by a submission of a revised description and review and approval in accordance with this Section to assist the resident in continued compliance.

E. Nothing in this Subsection pertaining to Home Occupations shall be deemed to:

1. Prohibit mail order or telephone sales for Home Occupations;

2. Prohibit service by appointment within the Residential Dwelling or Accessory Structure;

3. Prohibit or require structural modifications to the Residential Dwelling or Accessory Structure;

4. Restrict the hours of operation for Home Occupations;

5. Restrict storage or the use of equipment that does not produce effects outside the Residential Dwelling or Accessory Structure; or

6. Restrict or prohibit a particular occupation that is legal under the laws of the City, State, and United States.

Section 425.040 Additional Requirements For Qualifying Patient Medical Marijuana Cultivation.

[R.O. 2009 § 460.040; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]

A. The capitalized terms that are not defined by Section 400.030 shall be as defined in Section 430.660 of this Code.

B. Qualifying Patient Medical Marijuana Cultivation, Primary Caregiver Medical Marijuana Cultivation, and Consumer Personal Cultivation. On any Lot in the City, a person holding a current, valid Marijuana Cultivation Identification Card issued by the State of Missouri may have as an Accessory Use Marijuana Cultivation as permitted by Article XIV of the Missouri Constitution so long as all of the following conditions are met:

1. The Accessory Use must take place only in a Facility that is enclosed, locked, and equipped with security devices (the "Cultivation Area"), and in conformance with all Federal and Missouri laws and regulations. Consumer personal Cultivation, Qualifying Patient, and Primary Caregiver Cultivation shall not take place at a place of business.

2. The State-issued Marijuana Cultivation Identification Card must be clearly displayed within the Cultivation Area and in close proximity to the Marijuana plants.

3. The Accessory Use must have an odor control system that is at least as stringent as that which is required by State regulations.

4. A Qualifying Patient may not hold or obtain both a Qualifying Patient Cultivation Identification Card and a Consumer personal Cultivation card at the same time, regardless if the caregiver holds a Cultivation Identification Card on behalf of the Qualified Patient.

5. All Marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of a State-issued Marijuana Cultivation Identification Card.

6. Nothing in this Section shall convey or establish a right to cultivate Marijuana in a Facility or site where State or Federal law or a private contract would otherwise prohibit doing so.

7. The following additional rules shall apply to Consumer personal Cultivation:

a. All Consumer personal Cultivation must take place at a private residence.

b. One (1) Consumer may not cultivate more than six (6) Flowering Plants, six (6) non-flowering plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall. No more than twelve (12) Flowering Plants, twelve (12) non-flowering plants fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall may be cultivated by Consumers at a single private residence, regardless of the number of Consumers who live at that private residence subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

c. Plants and Marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an Enclosed, Locked Facility.

d. All cultivated Flowering Plants in the possession of a Consumer shall be clearly labeled with the Consumer's name.

8. The following additional rules shall apply to Qualifying Patient Cultivation:

a. One (1) Qualifying Patient, the Primary Caregiver for that person on their behalf, or a Consumer for personal Cultivation, may cultivate up to six (6) Flowering Plants and six (6) non-flowering Marijuana plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall at any given time in a Cultivation Area, subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

b. Two (2) Qualifying Patients, who both hold valid Medical Marijuana Cultivation Identification Cards, may share one (1) Cultivation Area but no more than twelve (12) Flowering Plants and twelve (12) non-flowering Marijuana plants fourteen (14) inches tall or more, and twelve (12) non-flowering Marijuana plants under fourteen (14) inches tall or more may be cultivated in a Cultivation Area subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

c. Under no circumstances shall a Qualifying Patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) Flowering Plants.

d. Only one (1) individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.

e. All cultivated Flowering Plants in the possession of a Qualifying Patient or Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.

9. The following additional rules shall apply to Primary Caregiver Cultivation:

a. A Primary Caregiver may cultivate on behalf of more than one (1) Qualifying Patient and may utilize one (1) or more Cultivation Area(s).

b. No Primary Caregiver cultivating Marijuana for more than one (1) Qualifying Patient may exceed a total of twenty-four (24) Flowering Plants, twenty-four (24) non-flowering plants fourteen (14) inches tall or more, and twenty-four (24) non-flowering plants under fourteen (14) inches tall subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.

c. Only one (1) individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.

d. All cultivated Flowering Plants in the possession of a Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.

e. A Primary Caregiver cultivator who is also authorized as a Qualifying Patient cultivator may grow the plants that belong to them as a Qualifying Patient cultivator, and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.

f. A Primary Caregiver cultivator who is also authorized as a Consumer personal cultivator may not grow the plants that belong to them as an authorized Consumer personal cultivator and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.

Section 425.050 Additional Requirements For Satellite Dishes.

[R.O. 2009 § 460.050; Ord. No. 3001 §  1, 12-23-2008]

A. As used in this Section, the Satellite Dish shall mean any Accessory apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

B. General Provisions (Residential And Non-Residential Uses).

1. A Satellite Dish related to any Residential or Non-Residential Use may be installed without a building permit but must be in accordance with this Section.

2. The Satellite Dish and its attachment to a Building or the ground shall meet the applicable requirements of any City codes and the requirements of Section 500.010 of the City's Municipal Code.

3. The Satellite Dish is located in the Rear Yard not less than ten (10) feet from any Lot line or on the roof of a Building.

4. No Signs of any type are permitted on a Satellite Dish.

5. Satellite Dishes shall be finished in a non-garish, non-reflective color and surface which shall blend into its surroundings.

6. In no case shall a Satellite Dish be permitted to be attached to a portable device for the purpose of relocating the entire dish on the Property to circumvent the intentions of this Section.

7. Every Satellite Dish must be adequately grounded for protection against a direct strike of lightning.

8. Satellite Dishes shall meet all manufacturer's specifications, shall be of non-combustible and corrosion-resistant material, and shall be erected in a secure, wind-resistant manner.

9. If the Satellite Dish is placed on a roof, it should be placed in such a manner as not to detract from the aesthetic appearance of the surrounding area and it shall be located and designed to reduce visual impact from any Street.

10. The Director may require Screening and/or landscaping surrounding the Satellite Dish.

C. Residential Dwellings (excluding Multiple-Family Dwellings). A Satellite Dish related to a Residential Dwelling, excluding Multi-Family Dwellings, must further be in accordance with the following:

1. The Satellite Dish is not located on the roof of a Building unless such Satellite Dish is less than three (3) feet in diameter and the total height of the Satellite Dish, including the stand, does not exceed five (5) feet.

2. The Satellite Dish, when installed, except on the roof of a Building, is not, at its highest point, fifteen (15) feet above grade and does not exceed three (3) feet in diameter.

3. Only one (1) Satellite Dish shall be permitted on any Lot.

D. Non-Residential Use And Multiple-Family Dwellings. A Satellite Dish related to a Non-Residential Use or Multiple-Family Dwelling must further be in accordance with the following:

1. The Satellite Dish is not located on the roof of a Building unless such Satellite Dish is less than eight (8) feet in diameter and the total height of the Satellite Dish, including the stand, does not exceed ten (10) feet.

2. The Satellite Dish, when installed, except on the roof of a Building, is not, at its highest point, twenty (20) feet above grade and shall not exceed eight (8) feet in diameter.

3. No more than two (2) Satellite Dishes shall be permitted per Building.