§ 405.060. Accessory Uses., Chapter 405. Building and Use Regulations, Unified Development Code, Code of Ordinances, Blue Springs

Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this Development Code.

Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

Fences and walls, subject to Section 407.040;

Garages, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than ten percent (10%) of the total lot area;

[Ord. No. 4723, 3-19-2018]

Gardens;

Gates and guard houses;

Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units;

Home occupations, subject to Section 405.060(A)(4);

Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not cover more than ten percent (10%) of the total lot area. Storage buildings that have been converted from a wheeled trailer, a portable storage container or a roll-off trash container, as the latter two (2) are defined in Chapter 270 of the Code of Ordinances, are unlawful and shall not constitute a residential accessory use;

[Ord. No. 4723, 3-19-2018]

Radio and television receiving antennas and support structures, subject to the partial height exemption of Section 411.020(F);

Recreational and play facilities for residents;

Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes, and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property, right-of-way or obstruct any sidewalks. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in a calendar year;

Storm shelters and fallout shelters;

Accessory living units not exceeding seven hundred fifty (750) square feet or ten percent (10%) of the total lot area, whichever is less. Accessory living units shall count towards the total allowable area for accessory structures on a property. Only one (1) accessory living unit is allowed per residential lot and only as accessory to a principal structure; and

Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility.

Non-Residential Accessory Uses. Non-residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

[Ord. No. 4739, 5-7-2018]

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;

Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel;

Fences and walls, subject to Section 407.040;

Gates and guard houses;

Offices for allowed business and industrial uses when the office is located on the same site as the principal use;

Parking garages and off-street parking areas;

Radio and television receiving antennas, which only receive and do not transmit, and support structures, subject to the partial height exemption of Section 411.020(F);

Restaurants, newsstands, gift shops, specialty shops associated with the use, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building or a parks and recreation location or facility, government service, religious assembly or golf course use;

Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;

Recycling collection stations, subject to Section 405.050(A)(22);

The storage of merchandise when located within the same building as the principal business;

Aboveground tanks for the storage of flammable liquids, subject to Section 405.060(A)(7); and

Accessory Use Development And Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided.

Front Yard Or Street Side Yard Setback. No accessory structure, other than a fence or non-load bearing wall, shall be located within a required Front Yard or Street Side Yard setback. See fence regulations of Section 407.040(D)(3).

Rear Yard Setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures, other than fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side or rear lot lines, except for accessory living units which shall be subject to the standards provided in Section 405.020, Accessory Dwelling Unit. A street facing rear yard shall be required to setback accessory structures a minimum of eight (8) feet except accessory dwelling units which shall be subject to the provision of Section 405.020, Accessory Dwelling Unit.

Side Yard Setbacks. Accessory structures shall not be required to comply with the interior side setback standard that applies to principal uses. Accessory structures, other than accessory dwelling units, fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side property lot lines and shall be located no closer than ten (10) feet behind the front building line of the principal building on the lot. Notwithstanding the foregoing, accessory structures shall comply with, and not be located within, any front yard setback and, if located in a street facing side yard setback, shall be setback at least eight (8) feet from the side property lot line, except for accessory living units which shall meet the minimum setback requirements of Section 405.020, Accessory Dwelling Unit.

Setbacks From Easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility.

Height. No accessory structure shall exceed the height of the principal structure or sixteen (16) feet, whichever is less.

[Ord. No. 4723, 3-19-2018]

Building Separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure.

Building Coverage. No detached accessory structure shall cover more than ten percent (10%) of the total lot area unless otherwise specifically provided. Accessory buildings and structures shall be included in the calculation of total building coverage.

Home Occupations. Home occupations shall be allowed as an accessory use in any MF-18 or less intensive zoning district, subject to the standards of this Section.

Permit. No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the Director of Community Development. A home occupation permit shall be issued only to a resident of the dwelling unit in which the home occupation is to be conducted. Home occupation permits shall not be transferable and shall not run with the land; they shall expire upon sale or transfer of the property to a new owner.

Location And Size. Home occupations shall be operated entirely within the principal residential building and shall not occupy more than twenty-five percent (25%) of the total floor area of the principal residential building.

Outdoor Storage And Exterior Appearance. There shall be no visible exterior evidence of the conduct of a home occupation, including signage. Specifically, no outdoor storage of materials or equipment shall be permitted in conjunction with a home occupation.

Employees. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as their residence, provided that in the case of a limited day care facility, one (1) assistant not residing in the home shall be allowed as a substitute for the day care provider during necessary absences of the day care provider.

Operational Standards. No equipment shall be used that creates a nuisance due to noise or electrical interference. Home occupations shall be subject to the operational performance standards of Section 407.050.

Parking. Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted within a required setback, other than in a driveway. In no event shall required setbacks be used for off-street parking to serve a home occupation.

On-Site Product Sales. No products shall be sold directly to customers from the premises.

Prohibited Home Occupations. In no event shall any of the following uses or activities be conducted as a home occupation. This list of prohibited activities is listed for emphasis only and does not constitute an exhaustive list of prohibited activities:

(1)

Funeral services;

(2)

Retail sales and service that involves direct product sales or service to customers from the premises;

(3)

Hotel/motel;

(4)

Bed and breakfast inn, except in the H-O District;

(5)

Vehicle or equipment sales, rental or repair; or

(6)

Medical offices.

Recycling Collection Stations. Recycling collection stations shall be allowed as an accessory use in accordance with the following standards:

Maximum Size And Approval Required. Recycling collection stations shall be allowed as an accessory use only if it does not exceed five hundred (500) square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with Section 403.070.

Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a minimum six (6) foot tall, one hundred percent (100%) opaque, solid screen or be wholly contained within a structure. At no point may a storage container surpass the height of its screening element.

Separation From Residential. Recycling collection station structures shall be located at least one hundred fifty (150) feet from adjacent property zoned SF-7 or less intensive.

Reverse Vending Machines. Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes. Reverse vending machines for the sale or collection of phones, iPhones, smart phones or similar devices shall not be allowed.

Maintenance. An employee, business owner or property owner shall be responsible for keeping the recycling site in a clean and safe condition and shall pick up any recycle materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis.

Hours Of Operation. A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Director of Community Development.

Signs. A directional sign indicating the location of the recycling structure shall be no larger than six (6) square feet and shall be located as indicated on the site plan.

Storage Bins. Storage bins or trailers must be durable, covered, and water tight and meet the setback of the underlying zoning district.

Single-Bay, Automatic Car Washes. Single-bay car washes shall be allowed as an accessory use in a service station (automotive) or vehicle and equipment sales use in accordance with the following standards:

Bay doors or car wash entrances shall be designed so that they do not face residential uses.

Aboveground Tanks For The Storage Of Flammable Liquids. The aboveground storage of flammable liquids shall be allowed as an accessory use to only those principal uses listed under Section 411.030(A)(8), Industrial Use Group, "Agriculture — Limited," and "Building or construction contractor — with machinery, equipment, or storage," in accordance with the following standards:

[Ord. No. 4739, 5-7-2018]

Termination Of Use. If the principal use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the aboveground storage tanks use shall be terminated.

Temporary. Aboveground storage tanks not exceeding five hundred (500) gallons may be permitted on premises zoned or used for heavy industrial, light industrial, agricultural and/or construction sites not to exceed one hundred eighty (180) days. Aboveground storage tanks larger than five hundred (500) gallons may be permitted as determined by the Community Development Director.

Location And Size. Aboveground storage tanks shall be in accordance with all applicable building and fire codes adopted by the City.

Editor's Note: See Ch. 500, Building Code.