Cassville City Zoning Code
ARTICLE V
Supplementary Regulations
Section 400.330 Accessory Uses and Structures.
[R.O. 1997 §400.330; Ord. No. 1088 §2, 12-9-1991]
A.
Accessory uses and structures shall be subject to setback requirements as prescribed in the district regulations, except as provided in this Section. The following permitted accessory uses and structures shall be allowed in any zoning district in connection with any permitted principal use:
1.
Permitted accessory uses and structures include, but are not limited to, the following:
a.
A structure for storage incidental to a permitted use; provided, however, that no storage structure that is accessory to a residential building shall exceed two hundred (200) square feet in gross floor area, the use shall be in keeping with the principal structure, and no part of such structure shall be located in the front yard setback.
b.
A child's playhouse, provided it shall not be more than one hundred twenty (120) square feet in gross floor area, and it shall not be located in the front yard setback.
c.
A detached garage or other accessory structure, provided that no part of such structure exceeds eight hundred (800) square feet in gross floor area, or ten percent (10%) of the lot area, whichever is greater.
d.
A private swimming pool and bathhouse, provided that a swimming pool shall be allowed within required rear and side yards.
e.
Statuary, arbors, trellises, flagpoles, fences, walls and hedges shall be allowed within the required setback areas.
f.
Signs, when permitted by this Chapter and by the individual district regulations.
h.
Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel, or office building.
i.
Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building.
j.
Storage or use of accessory uses, such as boats, boat trailers, camping trailers, or converted buses or trucks; except that such uses shall be allowed within required rear yards and within established side and front yards if placed upon a hard surface as defined in the off-street parking regulations. Such uses shall not include the outdoor storage or parking of commercial trucks or buses which exceed a three-ton manufacturer's rating hauling capacity in a residential district.
k.
Satellite dish antennas, except that such accessory structures shall not be allowed within established front yards.
2.
Bulk regulations applicable to accessory structures and uses:
a.
No accessory structures or uses shall be located within a required or established front yard, nor closer than five (5) feet from any side or rear lot line.
b.
No accessory structure shall be located closer than ten (10) feet to a principal structure on the same lot.
c.
All accessory structures and uses on corner lots shall be set back from the side street a distance not less than that required for the principal structure.
d.
A garage, whether it is accessory or detached, shall maintain a twenty-foot setback when entered from a street side yard or alley.
e.
The maximum sidewall height for all accessory structures shall not exceed eighteen (18) feet.
[Ord. No. 1790, 6-9-2018]
3.
Use Limitations.
a.
Accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located, but no accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
b.
No accessory structure shall be used for dwelling purposes.
Section 400.340 Temporary Uses.
[R.O. 1997 §400.340; Ord. No. 1088 §2, 12-9-1991]
A.
The following temporary uses of land are permitted subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted:
1.
Christmas tree sales in any commercial or industrial district for a period not to exceed sixty (60) days. Display of such trees need not comply with the yard and setback requirements of this Chapter, provided that no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.
2.
Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project, and to continue only during the duration of such project.
3.
Real estate offices (containing no sleeping or cooking accommodations) incidental to a new housing development to continue for no more than six (6) months, unless an extension is granted by the Board of Adjustment.
4.
Seasonal sale of farm produce (including Christmas trees) grown on the premises in districts where permitted, to continue for not more than four (4) months per year. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
Section 400.350 Home Occupations.
[R.O. 1997 §400.350; Ord. No. 1088 §2, 12-9-1991]
A.
Permitted home occupations are considered accessory uses and are subject to the following limitations:
1.
Structure And Use Limitations.
a.
No home occupation sales or deliveries shall generate vehicular traffic which is abnormal to a residential district, or which alters the character thereof, or creates the need for additional parking.
b.
No alteration of the principal residential structure shall be made which changes its residential character or appearance, as viewed from the public right-of-way or adjacent parcels.
c.
The home occupation shall be subordinate to the residential use of the dwelling and permitted accessory structures.
d.
No mechanical or electrical equipment greater than one (1) horsepower shall be used, nor any business activity permitted which creates a nuisance from noise, smell, dust or other disturbance uncharacteristic of a residential district.
e.
No outdoor storage of equipment or materials used in the home occupation shall be permitted.
f.
The home occupation shall be conducted by and involve the employment of only the residents of the dwelling unit and not more than one (1) non-resident.
2.
Permitted Home Occupations. In particular, home occupations may include, but are not limited to:
a.
Dressmaker, seamstress, tailor.
b.
Teaching of music and dancing limited to a single pupil at a time, except for occasional groups.
c.
Artists, sculptors, authors, composers, photographers.
d.
Ministers, rabbis, priests.
e.
Office for lawyer, planner, engineer, architect, accountant, or other professional service.
f.
Office facility for sales representative or manufacturer's representative, when no wholesale exchange of goods is transacted on the premises.
g.
Home crafts.
h.
Day-care home subject to additional provisions (may be subject to special use permit as well).
3.
Prohibited Home Occupations. Home occupations shall not be deemed to include:
a.
Automobile repair service.
b.
Funeral homes.
c.
Restaurants.
d.
Commercial stables, kennels or animal hospitals.
e.
Tourist homes, unless specifically permitted by district regulations.
f.
Equipment rental.
g.
Medical or dental clinics or hospitals.
h.
Retail or wholesale sales of antiques or used furniture and furnishings.
i.
Manufacturing of goods.
j.
Barber and beauty shops.
k.
Professional offices for health care service.
4.
Day-Care Home Provisions. Day-care homes shall be permitted by right as accessory uses in all zoning districts permitting residences, provided that:
a.
Lot size, building size, setbacks, and lot coverage conform to those applicable to the zoning district.
b.
Signage, if any, conforms to the requirements for the zoning district.
c.
A copy of the child-care license form, if applicable, is filed with the City.
d.
No structural or decorative alteration is made to the residential structure which will alter its single-family character or make it incompatible with surrounding residences.
Section 400.360 Day-Care Center.
[R.O. 1997 §400.360; Ord. No. 1088 §2, 12-9-1991]
A.
Day-care centers shall be allowed as permitted uses in C-2 Districts. Also, as accessory uses only, in all districts permitting residences, and in industrial districts, if cited on the premises of an operating community service activity, such as, but not limited to, a private or public school, place of worship, community center, or library; or, as part of an employer-sponsored day-care service. Day-care centers, whether principal or accessory uses, shall be permitted, provided that:
1.
State licensing standards and requirements are met, including those pertaining to building, firesafety, and health codes.
2.
Setbacks, screening and landscaping shall conform to the pertinent portions of the Zoning Code.
3.
Structures shall meet building, sanitation, health, traffic safety and firesafety code requirements.
4.
A minimum of one (1) off-street parking space shall be provided for each employee, plus an off-street dropoff/pickup area.
5.
A copy of the child-care license form, if applicable, is filed with the City.
Section 400.370 Fences, Walls and Hedges.
[R.O. 1997 §400.370; Ord. No. 1088 §2, 12-9-1991]
A.
Fences, walls and hedges may be located in required yards, as follows:
1.
Residential Districts.
a.
Fences, hedges and walls may be located in any front yard if not exceeding at any point four (4) feet in height above the elevation of the surface of the ground. Fences, hedges and walls located within a street sight triangle as defined in Section 400.050 shall not exceed thirty (30) inches in height.
b.
Trees, hedges and walls may be located in side or rear yards if not exceeding six (6) feet in height above the elevation of the surface of the ground; except that rear yard fences shall conform to established front yard setbacks if they are adjacent to a neighboring front yard.
c.
Electrified and barbed-wire fences shall not be allowed in R-1, R-2 and R-3 Districts.
2.
Commercial And Industrial Districts. Trees, walls and hedges may be located in any yard if not exceeding eight (8) feet in height above the elevation of the surface of the ground.
Section 400.380 Private Swimming Pools.
[R.O. 1997 §400.380; Ord. No. 1088 §2, 12-9-1991]
The pool shall be intended solely for the use of the occupants of the property on which it is located and their guests.
Section 400.390 Yard Projections.
[R.O. 1997 §400.390; Ord. No. 1088 §2, 12-9-1991]
A.
In any residential district, the following architectural features may project into any required yard: