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Belton City Zoning Code

CHAPTER 4

ACCESSORY USES AND STRUCTURES1


Footnotes:
--- (1) ---

Editor's note— Ord. No. 2025-4901, § 2 (Exh. B), adopted March 11, 2025, repealed the former ch 4, §§ 4-1—4-4, and enacted a new ch. 4 as set out herein. The former ch. 4 pertained to accessory uses and structures and derived from Ord. No. 2008-3475, adopted Aug. 12, 2008; Ord. No. 2008-3505, adopted Dec. 9, 2008; UDC 2010, §§ 16.1—16.3; Ord. No. 2014-4057, § 1, adopted Dec. 9, 2014; Ord. No. 2018-4414, § 2, adopted March 13, 2018 and Ord. No. 2021-4672, § 1, adopted Nov. 30, 2021.


Sec. 4-1.- Accessory uses and structures (general).

(a)

For all accessory uses and structures in all zoning districts, the following standards shall apply:

(1)

The total gross floor area of all accessory structures in all districts shall not exceed 25 percent of the lot coverage. The sum area of all accessory structures with a height over three feet shall not exceed 30 percent of the rear yard. Additional size restrictions apply based on structure type in subsection 4-1(d).

(2)

In the A agricultural district, there is no maximum size limit for an accessory structure provided that the maximum 30 percent building coverage of all buildings is not exceeded.

(3)

Accessory uses and structures must be located on the same lot as the principal building or principal use served, unless two or more adjacent lots are held in common ownership and one of the lots include a principal building.

(4)

Accessory uses and structures are permitted only after the principal building is present or under construction. In the event that the principal structure and accessory structure are under construction concurrently, the final inspection of the accessory structure shall not be completed until occupancy has been approved for the principal structure. Accessory uses and structures, such as barns, for agricultural purposes may be exempt from this requirement in A agricultural district zoning.

(5)

No accessory structure shall be used for dwelling purposes except for permitted accessory dwelling units.

(6)

Shipping containers, cargo containers, and similar containers shall not be used as an accessory structure or use.

(7)

No accessory structure shall be located in a floodplain except for structures that comply with the requirements of chapter 32 that are reviewed for compliance with all local, state, and federal regulations and permitted.

(b)

Accessory structures and uses shall meet the following location requirements in agricultural and residential zoning districts. Side yards adjacent to a street shall be considered a front yard area for purposes of location restrictions for accessory structures and uses, with exceptions provided in subsection (b)(19). Exceptions in the A agricultural zoning district are provided in subsection (b)(20). Unless a more or less restrictive height is provided below or referenced elsewhere in the Code, no accessory structure shall exceed the height of the principal building.

(1)

Detached garages are allowed in side and rear yards; shall be setback a minimum of five feet from the principal structure and any other accessory structure; five feet from all side and rear property lines; and not located within any platted easements. The building design and materials shall be compatible to the principal structure. Detached garages shall not exceed 800 square feet in gross floor area or five percent of the lot area, whichever is greater. All detached garages shall be accessed with an approved driveway accessing the street.

(2)

Carports are allowed in rear yards; shall be setback a minimum of five feet from the principal structure and any other accessory structure; five feet from all side and rear property lines; and not located within any platted easements. The building design and materials shall be compatible with the principal structure. Carports shall not exceed 400 square feet in covered area or five percent of the lot area, whichever is greater. All detached carports shall be accessed with an approved driveway accessing the street. A carport attached to a detached garage is permitted in the rear yard, with the carport portion not exceeding the 400 square feet in covered area or five percent of the lot area, whichever is greater, and the overall, carport and detached garage together not exceeding the maximum size and coverage requirement for a detached garage.

(3)

Pergolas, gazebos, and similar structures are allowed in side and rear yards; shall be setback a minimum of five feet from the principal structure; five feet from all side and rear property lines; and not located within any platted easements. Pergolas, gazebos, and similar structures designed and attached to the principal structure shall follow the standards of a covered porch.

(4)

Arbors, trellises, and similar landscaping structures are permitted in any yard, provided that they do not exceed eight feet in height and are not located within a sight triangle. Trellises shall be spaced and utilized for landscaping, otherwise, trellises are subject to the design, height, and location of fences.

(5)

Fences and walls are allowed in any yard area provided all fence standards are met in section 28-8.

(6)

Patios and terraces are allowed in any yard area; shall not exceed 30 inches above grade; shall be setback a minimum of five feet from all property lines.

(7)

Uncovered porches and decks, less than 30 inches above grade are allowed in any yard area; shall not project more than 30 percent into the required front yard setback; shall be setback a minimum of five feet from all side and rear property lines; and not located within any platted easements.

(8)

Covered porches and decks (unenclosed), less than 30 inches above grade are allowed in any yard area; shall not project more than four feet into the required front, side, or rear yard setback or up to 30 percent of the setback, whichever is less; and not located within any platted easements.

(9)

Uncovered and covered (unenclosed) porches and decks, over 30 inches above grade are allowed in side and rear yards; shall not project more than 30 percent into the required side or rear yard setback; and not located within any platted easements.

(10)

Recreational equipment, including playground equipment, trampolines, playhouses, and sandboxes are allowed in side and rear yards; shall be setback a minimum of five feet from all side and rear property lines; and no permanent structures shall be located within any platted easements. Playhouses are limited to a maximum size of 120 square feet.

(11)

Sports courts, including basketball, tennis, and pickleball courts, are allowed in rear yards and shall be setback a minimum of ten feet from all side and rear property lines.

a.

Fence enclosures may be up to 12 feet tall provided that the fence is setback a minimum of ten feet from all side and rear property lines and the portion of the fence enclosure over six feet is a minimum 50 percent transparent. If used, chain link shall be vinyl coated.

b.

Privacy screen fabric may be attached on the interior court side of the fence and must be maintained in good condition without rips or tears.

c.

Any court light shall follow the residential outdoor lighting standards in chapter 28 and shall not be lit during the hours of 10:00 p.m. and 7:00 a.m.

(12)

Swimming pools, pool decks, and pool houses are allowed in side and rear yards; shall be setback a minimum of five feet from the principal structure (except for decks, which may provide an attached connection between the principal structure and the pool or pool house); shall be setback a minimum of five feet from all side and rear property lines; and not located within any platted easements. Swimming pools, spas, and hot tubs that are 24 inches or greater in depth are subject to the following:

a.

Swimming pools, spas or hot tubs that are for the use of multifamily developments, subdivisions or homeowner's associations must be enclosed by a wall or fence six feet in height with locking gates.

b.

Swimming pools, spas and hot tubs in residential districts are intended for and must be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

c.

A swimming pool, spa or hot tub may be located anywhere on a premises except in the required front yard or within any easement, provided that the pump and filter installations are located no closer than eight feet to any property line.

d.

Swimming pools, spas or hot tubs located on single-family or two-family properties shall be enclosed by a barrier at least four feet above grade, measured on the side of the barrier which faces away from the swimming pool, spa or hot tub. The maximum vertical clearance between grade and the bottom of the barrier shall not exceed four inches measured on the side of the barrier which faces away from the pool, spa or hot tub. All other fencing, enclosure, and safety standards referenced in chapter 10 shall be met.

e.

Gates in a barrier shall comply with subsection (e)(5) of this section. Gates shall open outward, away from the pool and shall be self-closing and have a self-latching device. The self-latching device shall be on the pool side of the barrier and the release mechanism shall be located at least six inches below the top of the gate and the gate and barrier shall have no opening greater than one-half inch within 18 inches of the release mechanism.

f.

Spas or hot tubs with a locking, solid safety cover shall be exempt from the barrier requirements of this subsection (e).

(13)

Sheds and other accessory storage buildings, greenhouses, and hobby shops, are allowed in side and rear yards; shall be setback a minimum of five feet from the principal structure and any other accessory structure; shall be setback a minimum of five feet from all side and rear property lines; and not located within any platted easements. Sheds and accessory storage buildings shall not exceed a cumulative 400 square feet in gross floor area or five percent of the lot area, whichever is greater. A maximum of two sheds or accessory storage buildings are permitted. Greenhouses shall only be used for the protection and cultivation of plants.

(14)

An accessory dwelling unit (ADU) may be permitted as an accessory use on a lot with a single-family dwelling unit as the principal use subject to the following standards:

a.

The ADU shall meet all the regulations, setbacks, and lot coverage requirements of section 4-1.

b.

The ADU shall not be larger than the principal structure.

c.

The ADU shall not exceed the height of the principal structure.

d.

The ADU shall be constructed of building materials that are compatible with the principal structure.

e.

The ADU shall be constructed on a permanent foundation or slab and meet all the requirements of the applicable building codes.

f.

A separate address shall be posted on the ADU for emergency services.

g.

Parking for an ADU shall comply with the provisions of chapter 26 of the Unified Development Code.

(15)

Off-street parking and driveways as allowed in chapter 26.

(16)

Storage of firewood in residential zoning districts shall be restricted to the rear yard and shall not exceed five cords of firewood. A cord is hereby defined as a measure of wood arranged in a pile that is eight feet long, four feet high, and four feet wide.

(17)

Amateur radio antenna towers are allowed in rear yards; shall be setback a minimum of five feet from all side and rear property lines; and not located within any platted easements. The maximum height above grade is 150 percent of the maximum height of the zoning district in which the tower is located.

(18)

Satellite dishes are allowed in side and rear yards, unless attached to the front of the principal structure; shall meet the principal structure setback requirements; not located within any platted easements; and shall not exceed one meter in diameter.

(19)

Exceptions to accessory structures in corner street side setbacks:

a.

Structures exempt from permitting may be allowed in a corner street side setback provided that the structure is located within the rear yard (behind the rear corner of the house) and setback a minimum of eight feet from the property line.

(20)

Exceptions in the A agricultural zoning district include the following:

a.

On properties on which a single-family house is setback a minimum of 500 feet street right-of-way, accessory structures and uses may be permitted in the front yard between the street and the house, provided that the accessory structure is in keeping with the single-family house and is setback a minimum of 200 feet from the street right-of-way.

b.

On properties that are exclusively used for agricultural purposes, barns and other agricultural or livestock structures shall be treated as principal structures.

(21)

Any other accessory use or structure determined by the community development director to be appropriate, incidental, and subordinate to the principal use, subject to compliance with any development and performance standards determined by the director to be applicable to ensure compatibility with the property and adjacent properties and land uses.

(c)

Accessory structures and uses shall meet the following location requirements in non-agricultural and non-residential zoning districts. Side yards adjacent to a street shall be considered a front yard area for purposes of location restrictions for accessory structures and uses.

(1)

Restaurants and cafeterias, pharmacies, gift shops, swimming pools, sports courts, clubs and lounges, and newsstands when located in a permitted hotel, motel, office, or hospital building.

(2)

Restaurants and cafeterias when located in a permitted business or industrial building.

(3)

Offices for permitted business and industrial uses when it is located on the same site as the business of industrial use.

(4)

Services within retail stores, such as banking, personal services, pharmacies, or pet grooming where the service is subordinate and incidental to the principal use.

(5)

Banking machines, drop-off boxes, and other similar features that do not interfere with pedestrian or vehicular traffic circulation.

(6)

Vending machines or kiosks for consumables, ice, electronic devices, or similar and customary items shall be located within the interior of the building, vestibule, or adjacent and connected to the front or side building wall. Freestanding and non-accessory vending machines or kiosks are not permitted.

(7)

Retail sales for permitted industrial uses when located on the same site as the industrial use.

(8)

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

(Ord. No. 2025-4901, § 2 (Exh. B), 3-11-2025)

Sec. 4-2. - Solar collectors.

(a)

Solar collectors.

(1)

Applicability. This section applies to solar collectors, defined as:

Photovoltaic cells: Extremely thin solar energy collection cells usually made of silicon, that collects solar energy and convert it to direct current (DC) electricity.

Solar collector: A device used to collect direct sunlight to heat or cool a structure, heat domestic hot water or swimming pools, or to generate electricity.

Solar energy conversion system: Equipment and wiring needed to collect, store and convert solar energy into a usable form. Active solar systems rely upon mechanical means to collect light and/or heat from the sun and convert it into usable energy. Passive systems use natural, non-mechanical techniques to obtain energy from the sun including daylighting; south-facing windows, natural shading and ventilation, and building materials that absorb heat from the sun and slowly release it.

Solar greenhouse: A solar collector that is a structure or part of a structure using glass or similar glazing material to collect direct sunlight for space heating purposes.

(2)

Generally.

a.

All solar collectors comply with the adopted building code.

b.

Applications for subdivision plat or site plan approval shall address solar energy conversion systems, and shall incorporate passive systems to the extent practical.

(3)

Installation on a pitched roof.

a.

Roof-mounted solar collectors located on front or side of pitched roofs shall not extend above the peak of the roof plane on which they are mounted. No portion of the solar collector shall extend more than 24 inches perpendicular to the point on the roof where it is mounted.

b.

Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted. No portion of any of the solar collector shall extend more than four feet perpendicular to the point on the roof where it is mounted.

(4)

Installation on a flat roof.

a.

Roof-mounted solar collectors may be mounted on a flat roof at an optimum angle to the sun for maximum energy production when the building parapet or roof design provides full screening of the solar panels from public streets.

b.

For installation of roof-mounted solar collectors on flat roof buildings without parapets, panels shall be placed in the most obscure location without reducing the operating efficiency of the collectors, such as the center of the roof. The panels shall be installed at the same angle or as close as possible to the pitch of the roof. Associated equipment is permitted on the roof, if it is screened from view of the public street.

c.

Solar collector panels are exempt from the roof-top screening provision.

(5)

Installation on the side of a building.

a.

In any planned zoning district or in any district requiring site plan approval, the construction or installation of any solar collection system on the side of a building shall be subject to either final development plan approval or site plan approval by the city.

b.

Wall-mounted solar collector panels shall not extend more than five feet to the furthest extension of the solar collection panels from the wall plane on which they are installed.

c.

Wall-mounted solar collector panels shall not extend more than 25 percent into any required side setback or 50 percent into any required rear setback. No part of the system shall extend into any required front setback.

d.

Wall-mounted solar collectors shall not extend above the top of the wall on which they are mounted.

(6)

Ground-mounted installation.

a.

Ground-mounted solar collectors shall not exceed eight feet in total height and shall be located within the rear yard at least 12 feet inside the property line.

b.

All lines serving a ground-mounted solar collector shall be located underground.

(7)

Parking lot light pole installation.

a.

Twenty percent of the height of a light pole may be added above the light fixture to install a solar collector panel.

b.

The overall height of the parking lot pole and solar collector shall not exceed 40 feet. Any necessary solar collector appurtenances shall be painted to match the light pole and fixture.

(8)

Nonconformities.

a.

The governing body may permit the installation of solar collectors that cause an existing structure to become nonconforming, or which increase an existing nonconformity, as a special use.

b.

The installation may be permitted even if it exceeds the height limit established in the zoning district, if the following conditions are met:

1.

There is no feasible alternative to placing the collector(s) on the roof;

2.

The collector(s) are located so as to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the collectors;

3.

The collector(s) add no more than seven feet of height to the existing structure. To minimize view blockage or shadow impacts, the governing body may limit a nonconforming solar collector to less than seven additional feet in height.

(Ord. No. 2025-4901, § 2 (Exh. B), 3-11-2025)

Sec. 4-3. - Accessory private recreational facilities.

Private recreation facilities for multifamily developments, subdivisions or homeowner's associations must meet the following requirements:

(1)

Private recreational facilities may include, but not limited to the following:

a.

Clubhouses, which may include within the clubhouse or as a standalone accessory structure any of the following: leasing offices, media rooms, lounges, meeting rooms, kitchen facilities for residents, mailrooms, gym spaces, locker rooms, dog wash stations, and laundry facilities;

b.

Swimming pools, hot tubs, saunas, and other indoor or outdoor water-based recreational facilities;

c.

Sports courts, including basketball, volleyball, pickleball, and tennis courts;

d.

Open game fields;

e.

Golf courses;

f.

Community gardens; and

g.

Accessory maintenance buildings

(2)

Private facilities in accordance with this section will be restricted to use by the occupants of the residence and their guests or by members of the homeowner's association and their guests;

(3)

Private recreational facilities shall be setback a minimum of 30 feet from street right-of-way and ten feet from any non-street side property line;

(4)

Accessory structure standards shall apply to outdoor recreational facilities, including fencing exceptions;

(5)

Dispensing of food and beverages on the premises is only permitted for the benefit of users of the recreation facility and not for the general public, unless approved for a golf course or clubhouse facility in a PUD; and

(6)

Off-street parking is required on the basis of one parking space for each 4,000 square feet of area devoted to recreational use, with a minimum of four spaces.

(Ord. No. 2025-4901, § 2 (Exh. B), 3-11-2025)

Sec. 4-4. - Vehicle parking, outdoor storage, and containers.

The following requirements apply to vehicle and equipment parking, outdoor storage, and containers in all zoning districts or as specified below:

(1)

In all residential zoning districts, except for A, R-1A, and R-1B, the parking or storing of recreational vehicles, boats, and trailers is allowed only:

a.

On a driveway.

b.

Inside a completely enclosed structure.

c.

Behind the front of the residence in the side or rear yard on a paved or impervious surface.

(2)

In all residential zoning districts, parking or storing of the following vehicles or equipment is prohibited:

a.

Semi-trailer truck, semi-tractor truck or road tractor.

b.

Cargo trailer, cargo containers, semi-trailer, or similar vehicle that can be connected to or pulled by a semi-trailer truck.

c.

Any commercial vehicle.

d.

Overnight parking of a school bus, charter bus, or similar vehicle.

(3)

In all agricultural and residential zoning districts, storage of all materials including junk material, inoperable vehicles, and/or trailers, used appliances or furniture must be stored within a fully enclosed building. This requirement does not apply to porch/patio furniture, garden/horticulture equipment and associated supplies, recreational.

(4)

All outdoor storage areas for multifamily residential and all non-residential uses must be permanently screened from view on all sides by a fence of 100 percent opacity and a minimum height of six feet. The fence must be constructed to prevent accidental dispersal of material within the storage area.

(5)

Approved portable cargo containers are permitted in any residential zoning district, provided they do not exceed 12 feet in length; do not block sidewalks; rights-of-way; or obstruct visibility. The placement of the containers must be on a hard surface (preferably a driveway) and not placed in any required right-of-way setback, open space or landscaped areas. Cargo containers must not be on property longer than ten days within a 12-month period.

(6)

In all commercial and industrial districts, approved cargo containers are permitted, provided they are backed up to or in the immediate proximity of an approved loading dock. Cargo containers shall not be permanently placed in such a manner that allows for steps, landings, or porches to be used, or in such a manner that they can not be immediately moved by vehicles designed to move them. Outdoor storage may not be placed near the container in a manner which prevents the container from being moved or relocated without having to move the container. Storage of and within approved cargo containers shall be in accordance with fire code and other city, state and federal regulations.

(Ord. No. 2025-4901, § 2 (Exh. B), 3-11-2025)

Sec. 4-5. - Keeping of animals.

(a)

Cattle, cows, horses, sheep, goats and similar domestic animals are permitted in the A and R-1B districts only. In the R-1B district, maximum number of animals permitted per grazing acre, excluding building coverage, ponds and yard area around the principal dwelling, are:

(1)

Two head of cattle; or

(2)

Two sheep; or

(3)

Two goats; or

(4)

Two horses.

(5)

Limits for other animals not enumerated herein shall be determined based upon type or size of animal.

(b)

The keeping of all other domestic animals and poultry are subject to the requirements of chapter 4 of the Code of Ordinances.

(Ord. No. 2025-4901, § 2 (Exh. B), 3-11-2025)