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Excelsior Springs City Zoning Code

SECTION 400

240 Accessory Uses.

[R.O. 2012 §400.240; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 89-1-2 §23 B, 1-2-1989; Ord. No. 91-10-2 §400.240, 10-7-1991; Ord. No. 92-8-6, 8-3-1992; Ord. No. 93-6-4 §400.240, 7-6-1993; Ord. No. 94-11-5 §I, 11-7-1994; Ord. No. 96-3-1, 3-18-1996; Ord. No. 04-7-6, 7-6-2004; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord. No. 17-04-01 § 1, 4-3-2017; Ord. No. 18-09-06, 9-17-2018; Ord. No. 18-11-03, 11-5-2018; Ord. No. 22-07-01, 7-18-2022; Ord. No. 24-01-02, 1-2-2024; Ord. No. 24-03-02, 3-4-2024; Ord. No. 24-12-04, 12-16-2024; Ord. No. 25-03-03, 3-3-2025; Ord. No. 25-09-02, 9-2-2025]
A. 
General Regulations. Buildings and structures may be erected and land may be used for purposes which are clearly incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, unhealthy or disturbing to adjacent property or the users thereof and shall be on the premises of the main use.
1. 
Generally. The following uses shall be permitted as accessory to main uses permitted in this Chapter.
2. 
Eligibility For Accessory Use. The determination of the eligibility of a proposed use as an accessory use shall be made by the City Building Official and appeal can be made from his/her decision as set out in Section 404.080.
3. 
Regulation Of Accessory Uses Associated with Special Use Permits. If a principal use on a property requires a Special Use Permit under the provisions of the Zoning Ordinance, any accessory use located on the same property shall be subject to specific conditions and restrictions imposed within that principal use's Special Use Permit approval, with the exception of the following accessory uses:
a. 
No-impact home-based businesses.
B. 
Districts "A," "R-1," "R-1A" And "R-2."
1. 
(Reserved)
2. 
(Reserved)
3. 
Garages And Carports. For each dwelling unit there may be permitted one (1) private garage or covered carport with space for not less than one (1) vehicle and each principal use is also allowed one (1) "accessory use building" if a detached garage is located on the lot or parcel, or two (2) accessory use buildings if there is no detached garage. Detached garages and accessory use buildings shall be located behind the front yard building line as established by the principal structure to which the structure is to be accessory. Detached garages and accessory use buildings shall be a minimum of five (5) feet from the side yard and five (5) feet from the rear yard where the lot abuts another residential lot. Where the lot abuts or adjoins an alley, the rear yard requirement may be waived by the City Building Official.
A garage constructed as part of the main building shall be subject to the regulations affecting the main building except that on a corner lot, a private attached garage may extend into the required rear yard to a point not less than twenty (20) feet from the rear lot line and shall not occupy more than thirty percent (30%) of the required rear yard.
A detached garage and accessory use building may contain up to an aggregate maximum square footage according to the following standards:
Lot/Parcel Size
Maximum Square Footage
Up to 1.99 acres
1,000 square feet
2.00 to 2.99 acres
2,000 square feet
3.00 to 3.99 acres
3,000 square feet
4.00 to 4.99 acres
4,000 square feet
5.00 to 5.99 acres
5,000 square feet
6.00 to 6.99 acres
6,000 square feet
7.00 to 7.99 acres
7,000 square feet
8.00 to 8.99 acres
8,000 square feet
9.00 to 9.99 acres
9,000 square feet
10 acres or more
10,000 square feet
An accessory use building or detached garage shall not exceed twenty-six (26) feet in height. Any accessory use building or detached garage that exceeds ten (10) feet in height shall be located a distance inside the property line at least equal to one-third (1/3) its height. A detached garage shall not occupy more than thirty percent (30%) of the required rear yard. The setback, height and yard requirements of this Subsection (B)(3) do not apply to lots in an "R-1A" Zoning District.
No vehicle, vehicle component, van, trailer or trailer box may be used as a building or structure in any district.
4. 
Additional Uses. An otherwise legal hobby activity may be operated as an accessory use by the occupant(s) of the premises purely for personal enjoyment, amusement or recreation, provided that the sale of articles produced or constructed does not take the form of a business, but rather are incidental to the hobby activity. Such additional uses as private swimming pools, gardens, customary pets, television and radio receiving antennae not exceeding sixty (60) feet in height, signs as permitted by ordinance, parking area, and detached garages and accessory use buildings.
5. 
Fences. Fences in Residential Districts shall be permitted as follows:
a. 
In the front yard a wood, chain link, iron or split rail type provided said fence shall be not less than fifty percent (50%) perforated and open over its entire surface, shall not encroach on the sight distance triangle required in Section 400.240 and shall not exceed four (4) feet in height.
b. 
In the side yard a wood, chain link, wrought iron or split rail type provided such fence shall not encroach on the sight distance triangle required in Section 400.240 and shall not exceed six (6) feet in height.
c. 
In the rear yard a wood, chain link, wrought iron or split rail type which may be perforated or solid, and which shall not exceed eight (8) feet in height.
6. 
Storage Of Equipment, Material, Vehicle, Boat Or Trailer.
a. 
The parking of any vehicle shall not occur on lawn areas, unpaved public right-of-way or other locations in a residential district. Parking shall be limited to areas that are hard surfaced and shall generally be located in close relationship to the garage or otherwise vehicle-oriented portion of the premises so that the lawn area may be maintained with grass, trees and shrubs.
b. 
Recreational vehicles, hauling trailers or boats may be stored, on the basis of one (1) per family, in fully enclosed private garages, in paved driveways of single-family homes if parked behind the building line, or in rear or side yards of single-family homes behind the building line and no closer than six (6) feet to the adjoining lot line if parked on a concrete, asphalt or paver block pad; provided no such vehicles shall be used for residential purposes nor connected to a water or electric source.
c. 
Parking of commercial trucks or buses on any street in a residential district except in conjunction with the conduct of business shall be prohibited.
7. 
Dish Antennae.
a. 
Television receiving dish antennae shall be so constructed and placed as to ensure structural integrity and electrical or operational safety, and as to minimize adverse effects upon the use or enjoyment of adjacent and nearby property.
b. 
A television receiving dish antennae of a solid color may be located at grade for private reception provided the maximum cross dimension of the dish shall not exceed ten (10) feet and the highest point of the dish or structure shall not be more than twelve (12) feet above grade, and further provided that no dish antennae or portion thereof may be located in a front yard or in a side yard on the street side of a corner lot, or closer than ten (10) feet to any lot line. A building permit is required for all dish antennae. Landscaping to conceal the base is required for permanent installations.
c. 
Provided, however, that a building permit is not required for dish antennae four (4) feet or less in diameter with front to back measurement of four (4) feet or less and a vertical height of five (5) feet or less. Mounting of such antennae is allowable on the side, rear or front of a principal structure or on the rear portion of the roof of a principal structure under the following criteria:
(1) 
A three (3) foot setback shall be maintained from side lot lines, not including the side yard on the street side of a corner lot, and from rear lot lines.
(2) 
Such satellite dish antennae may be directly mounted without mast or pole on the rear portion of the roof of the principal structure, or located at grade.
(3) 
Such satellite dish antennae mounted in front of the principal structure, in the front yard or in the side yard on the street side of a corner lot shall be mounted within four (4) feet of the structure.
8. 
Composting of yard wastes will be permitted and shall be subject to the following restrictions:
a. 
Composting piles must be no longer than one hundred twenty-five (125) cubic feet and no taller than five (5) feet in height. Only one (1) compost pile is permitted on any residential premise up to one (1) acre. On residential premises greater than one (1) acre, no more than two (2) compost piles are permitted.
b. 
The pile(s) must be maintained in an enclosure which can include woven wire, wood construction, cement blocks, brick, or commercially available compost bins; and such enclosures must not detract from neighborhood features.
c. 
The compost pile(s) may not solely contain grass clippings, but may contain grass clippings blended with a suitable ration of other yard wastes, chopped straw or hay, sawdust and soil. Compost piles must be aerated to prevent odors. Commercial fertilizers and other nitrogen sources are permitted to promote the decomposition of high carbon wastes such as wood plant materials or mature leaves. No animal fats are allowed as compost pile inputs.
d. 
The compost pile(s) must be located in the rear yard only. No compost piles are allowed in front or side yards. They may be located no less than ten (10) feet from any building on the premise and no less than five (5) feet from the lot lines.
e. 
The Community Development Department has the authority to grant exemptions to these regulations. If a property owner cannot meet the placement, size, or quality standards, he or she may establish other reasonable compost piles with the approval of the Community Development Department.
C. 
Districts "A," "R-1," "R-1A" and "R-2." If a lot is occupied by a single-family dwelling unit as the principal use, one (1) accessory dwelling unit (ADU) is permitted under the following standards:
a. 
An ADU may be located within the principal single-family dwelling or a detached building.
b. 
Either the principal single-family dwelling or the ADU shall be occupied by the property owner.
c. 
An ADU shall be limited to sixty percent (60%) of the total square footage of the principal single-family dwelling but shall not exceed one thousand (1,000) square feet.
d. 
A detached ADU shall not exceed the height of the principal single-family dwelling.
e. 
A detached ADU shall be located behind the front building line as established by the principal structure.
f. 
Construction of an ADU shall comply with all building code requirements for multi-family structures.
D. 
Districts "R-3," "R-4" And "R-5." In the "R-3," "R-4" and "R-5" Districts, permitted accessory uses are as follows: Parking areas, signs as permitted by ordinance, recreation areas including tenant used swimming pools and minor recreation buildings, trash collections enclosures, power generators, vending machines for tenant use, dish antennae and other similar uses. Single and two-family dwellings located in these districts shall conform to the regulations of Subsection (B) above.
E. 
Districts "C-O" And "C-1." In the "C-O" and "C-1" Districts, accessory uses are as follows: Parking areas, signs as permitted by ordinance, vending machines, private garages for motor vehicles, apartment for maintenance personnel, low-level exterior lighting, radio, television, microwave or dish antennae not exceeding sixty (60) feet in height, flagpoles, cooling towers and other similar uses.
F. 
Districts "C-2" And "C-3." In the "C-2" and "C-3" Districts, permitted accessory uses are as follows: Parking areas, signs as permitted by ordinance, flood lighting and other similar uses. Washing and other passenger car cleaning shall be permitted as an accessory use in service stations.
G. 
Districts "M-1" And "M-2." In the "M-1" and "M-2" Districts, permitted accessory uses are as follows: Parking and loading areas, signs as permitted by ordinance, security and screen fencing, radio, microwave, and dish antennae towers to heights as set out in this Chapter, gate house, loading equipment, employee recreation and other similar uses.
H. 
Motor Hotels. The following are accessory uses within a motor hotel: A restaurant, banquet rooms, liquor, notions and magazine counters, vending machines, beauty and barber shops, flower and gift shops, provided all are within the main building and designed to serve primarily the occupants and patrons of the motor hotel.
I. 
Hospitals. The following are accessory uses in connection with a hospital: Residential quarters for staff and employees, nursing or convalescent quarters, storage and utility buildings, food service and vending machines, laundry and other similar services for hospital personnel, visitors and patients.
J. 
Utility Buildings. Storage of materials and equipment in a "utility building," as defined herein, is permitted in all non-residential districts. Outside storage incidental to a utility building shall be screened from view from off the premises.
K. 
(Reserved)
L. 
Solar Panels.
1. 
Solar panels shall be permitted as an accessory use in all zoning districts subject to the following performance standards:
a. 
Solar panels must be located on the premises.
b. 
Solar panels may be mounted on roofs or walls subject to:
(1) 
Roof-mounted residential building solar panels located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane where it is mounted, and no portion of any such solar panel shall extend more than twenty-four (24) inches as measured perpendicularly to the roof at the point where it is mounted.
(2) 
Roof-mounted residential building solar panels located on the rear or interior side building roofs shall not extend above the peak of the roof plane where it is mounted, and no portion of any such solar panel shall extend more than four (4) feet as measured perpendicularly to the roof at the point where it is mounted.
c. 
Solar panels may be ground mounted subject to:
(1) 
Ground-mounted solar panels shall not exceed eight (8) feet in total height and shall be located within the rear yard at least twelve (12) feet inside the property lines.
(2) 
All utility service lines serving ground-mounted solar panels shall be located underground.
d. 
Any system incorporated into a non-residential building shall be integrated into the basic form and main body of the building. If roof mounted, all collector panels shall fit into the form of the roof; if the building's roof is sloped or if rack mounting is used on a flat roof, the mounting must be concealed from view at street level. Exposed rack supports and freestanding collectors apart from the main building shall not be permitted.
e. 
Roof-mounted solar panels mounted on accessory buildings are permitted.
f. 
Solar panels may be mounted on light poles as a source of power for the light fixtures if they are designed as part of the fixtures.
g. 
All exposed metal, including the framework of active solar panels or exposed mullions and framework of passive systems, shall be colored to visually blend into the surroundings.
2. 
Exceptions to these standards may be considered for approval through special use permit if the City finds there would be no detrimental impact to the public health, safety or general welfare.
M. 
Short Term Rental.
1. 
Short term rentals are permitted in any legally conforming single-family, two-family, three-family or four-family residential structure, or mixed residential and non-residential use within the Central Business District, regardless of zoning district.
a. 
Within the Downtown Tourist Area, short term rentals are permitted outright.
b. 
Outside of the Downtown Tourist Area, short term rentals are permitted with a special use permit.
2. 
All short term rentals shall obtain a City business license, issued upon compliance with all zoning and site standards, as applicable.
3. 
All short term rentals shall comply with the following site standards:
a. 
Sufficient off-street parking shall be provided: a minimum of two (2) on-site off-street parking spaces (covered or uncovered) for short term rentals with up to three (3) bedrooms. An additional on-site off-street parking space is required for each bedroom over three (3).
b. 
Occupancy: a maximum of two (2) adult guests per bedroom.
c. 
Inspection: City rental inspections are required every two (2) years.
d. 
Short term rental City business license and/or special use permit is subject to revocation upon three (3) or more City Code property maintenance and/or disturbance citations or charges thereby constituting a chronic nuisance, within the one-year period of City business license issuance or renewal.
4. 
Short term rentals located in a mixed residential and non-residential use within the Central Business District according to the standards of Section 400.180(F) are not subject to the off-street parking site standards.
5. 
Proposed short term rentals located in the Downtown Tourist Area unable to meet the off-street parking site standards may be considered through special use permit application.
6. 
Only the property owner of record may obtain a City business license and/or apply for a special use permit for a short term rental.
7. 
Boundaries of Downtown Tourist Area: the Elms Historic District, the Boarding House Historic District, and the Hall of Waters Historic District as established as Historic Preservation Districts and designated as such by the Official Zoning Map of the City of Excelsior Springs; and point of beginning: intersection of Isley Boulevard and Saratoga Avenue; thence east along the centerline of Isley Boulevard to the southeast corner of Calhoun Street; thence south and southwesterly along the east side of Calhoun Street to the intersection of Lover's Lane/Isley Park Wood Trail; thence westerly along the centerline of Lover's Lane/Isley Park Wood Trail to the intersection of Isley Boulevard; thence east along the centerline of Isley Boulevard to the Point of the beginning.
8. 
Separation Standards.
a. 
No separation standards apply in the Downtown Tourist Area.
b. 
No new STR shall be permitted to locate within one thousand (1,000) feet of any then existing STR. The distance shall be measured from the external walls of the proposed and existing STR residential units and shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
N. 
Backyard Chickens.
1. 
The keeping and raising of backyard chickens is an approved accessory use to an occupied single-family detached dwelling in accordance with the standards of Section 210.125, Backyard Chickens.
O. 
Home-Based Businesses. Home-based businesses shall be permitted as an accessory use in residential dwellings in all districts subject to the following provisions:
1. 
Purpose And Intent. It is the purpose and intent of these requirements to:
a. 
Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;
b. 
Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home-based business does not infringe on the residential rights of neighbors;
c. 
Establish criteria for operating home-based businesses in dwelling units; and
d. 
Ensure that public and private services such as streets, sewers, water, or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
2. 
Definitions. The following definitions shall apply throughout this Section:
GOODS
Any merchandise, equipment, products, supplies or materials.
HOME-BASED BUSINESS
A business operating in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
NO-IMPACT, HOME-BASED BUSINESS
A home-based business that meets all of the following conditions:
(1) 
Occupancy Limit. The total number of individuals on-site at any given time, including all employees, clients, customers, and other visitors related to the business, shall not exceed the maximum occupancy limit for the residential dwelling as established by applicable Fire and Building Codes.
(2) 
Business Activities. The business activities:
(a) 
Are limited to the sale of lawful goods and services.
(b) 
Do not cause a significant increase in traffic through the residential area.
(c) 
Do not violate any parking regulations established by the City's Code of Ordinances.
(d) 
Occur entirely inside the residential dwelling or within the property's yard.
(e) 
Are not visible from any public street.
(f) 
Do not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property where the business is located.
(g) 
Do not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent for the County Department of Health to inspect the business during normal business hours or at any other time the business is operating.
3. 
No-Impact Home-Based Businesses. No-impact home-based businesses shall be permitted in all residential districts, and on properties where the primary use of the property is residential, subject to the restrictions and limitations of the Zoning Ordinance. No other business may be operated in a residence at any time.
a. 
Restrictions And Limitations.
(1) 
Incidental Use. A no-impact home-based business must be incidental and subordinate to the principal residential use of the premises and shall not change the residential character of the surrounding neighborhood.
(2) 
Residency Requirement. The owner or operator of the no-impact home-based business must be an owner or tenant of the residence and must reside at the residence.
(3) 
Use Of Accessory Buildings. The no-impact home-based business may be conducted in an existing detached accessory building. The construction of new accessory buildings or structures for the purpose of a no-impact home-based business is permitted; provided, the construction complies with all requirements outlined in Section 400.240(O)(3).
(4) 
Exterior Impact And Visibility. Outdoor storage of materials or equipment used in the no-impact home-based business shall not be permitted if such storage is visible from the street. No alterations shall be made to the exterior of the principal residential building that would change its residential character.
(5) 
Parking. The owner or operator must provide adequate parking for the no-impact home-based business.
(a) 
Parking for the no-impact home-based business may include the driveway or garage of the residence, or a paved parking area located behind the front building line of the residence.
(b) 
No-impact home-based businesses may utilize public on-street parking in a manner consistent with all City parking regulations.
(i) 
The business shall not cause a significant increase in on-street parking demand beyond what is typical for residential neighborhoods.
(ii) 
The business shall not impede the reasonable access or use of public on-street parking by neighboring residents.
(c) 
If any parking regulations established by the City Code are routinely violated, the business shall not be considered a no-impact home-based business. For the purposes of this Section, "routinely" shall be defined as a consistent pattern of violations occurring over a period of time, as determined by the Community Development Director.
(6) 
General Regulatory Compliance. All no-impact home-based businesses shall follow all lawfully applicable regulations and requirements enacted in the City Code and required by State and Federal laws and regulations.
4. 
Other Home-Based Businesses.
a. 
Applicability. This Section applies only to home-based businesses that do not meet the definition of a "No-Impact, Home-Based Business" as defined in this Section 400.240(O)(2).
b. 
Special Use Permit Required. Any home-based business that does not qualify as a "no-impact, home-based business" must obtain a Special Use Permit before operating. The process for obtaining this permit is outlined in Section 400.230.
c. 
Nuisance Prevention. All home-based businesses, regardless of type, must be operated in a way that does not create a public nuisance as defined by this Code.
d. 
Building Modifications And Accessory Structures.
(1) 
No new exterior additions to the main residential building are permitted solely for a home-based business, unless permitted as a condition of a Special Use Permit.
(2) 
An existing accessory building may be used for a home-based business as long as it complies with all other regulations in this Section.
(3) 
A new accessory building may not be constructed for a home-based business, unless permitted as a condition of a Special Use Permit.
e. 
Deliveries. Vehicles used to deliver goods to a home-based business are limited to passenger vehicles, mail carriers, and express carriers, such as the United Parcel Service, and FedEx.
f. 
Parking. The owner or operator must provide adequate parking for the home-based business.
(1) 
Parking for the home-based business may include the driveway or garage of the residence, or a paved parking area located behind the front building line of the residence.
(2) 
Home-based businesses may utilize public on-street parking in a manner consistent with all City parking regulations.
(a) 
The business shall not cause a significant increase in on-street parking demand beyond what is typical for residential neighborhoods.
(b) 
The business shall not impede the reasonable access or use of public on-street parking by neighboring residents.
(3) 
If any parking regulations established by the City Code are routinely violated, the home-based business may have its Special Use Permit revoked, as outlined in Section 400.230(H). For the purposes of this Section, "routinely" shall be defined as a consistent pattern of violations occurring over a period of time, as determined by the Community Development Director.
(4) 
As part of the Special Use Permit approval, the City Council may impose additional conditions or restrictions regarding parking, as outlined in Section 400.230(E), to ensure the business does not negatively impact neighborhood safety or access.
g. 
Area Limits. A home-based business may use either:
(1) 
Up to twenty-five percent (25%) of the total floor area of the dwelling unit; or
(2) 
One (1) existing accessory structure, such as a freestanding garage.
h. 
Compliance With Laws. All home-based businesses shall comply with all applicable regulations and requirements in the City's Code of Ordinances, as well as all State and Federal laws and regulations.
5. 
Violations And Penalties.
a. 
Unlawful Acts. It shall be unlawful for any person to operate a home-based business in violation of any provision of this Section, including, but not limited to, operating a business that requires a Special Use Permit without first obtaining such a permit, or failing to comply with any condition of a Special Use Permit.
b. 
Penalty. Any person found in violation of any provision of this Section shall be subject to penalties as outlined in Section 404.100 of the City's Code of Ordinances.
P. 
Farm Stands.
1. 
Purpose And Intent. The purpose of these regulations is to:
a. 
Establish clear guidelines that recognize the right of property owners to engage in the retail sale of agricultural products and home-baked goods directly from their premises;
b. 
Support local economic opportunities for farmers and residents;
c. 
Ensure that farm stand operations are compatible with surrounding land uses by protecting public safety, maintaining adequate accessibility, and preventing undue burdens on public and private services; and
d. 
Maintain the residential rights of neighbors and minimize adverse impacts on surrounding properties.
2. 
Definitions. The following definitions shall apply throughout this Section:
FARM STAND
A temporary or permanent structure, or designated area, used for the accessory retail sale of agricultural products and baked goods. This, may include, but is not limited to, produce stands, roadside stands, or seasonal stands.
TEMPORARY FARM STAND
A structure or display area that is lightweight, not permanently affixed to the ground, and designed to be easily assembled, disassembled, moved, or stored. This includes stands on wheels, folding tables, or other similar non-permanent displays that are intended to be removed or stored daily when not in use.
PERMANENT FARM STAND
A structure that is affixed to the ground or built with durable materials not intended for daily relocation. This type of farm stand is intended to remain in place on the property.
AGRICULTURAL PRODUCT
Fresh fruits, vegetables, herbs, flowers, plants, honey, eggs, and other unprocessed or minimally processed food items. This definition excludes the sale of live animals and non-food items.
BAKED GOOD
Foods that are prepared in a kitchen by baking in an oven and are ready for consumption. This, may include, but is not limited to, cookies, cakes, breads, danishes, donuts, pastries, pies, and other similar items.
FRUIT SPREAD
Food products primarily made from fruits or fruit juice that have been cooked and thickened into a consistency suitable for spreading. This, may include, but is not limited to, items such as jams, jellies, preserves, and fruit butters.
3. 
Applicability. A farm stand may be permitted as an accessory use only under the following conditions:
a. 
Zoning Districts. The farm stand is located within one of the following zoning districts:
(1) 
"A" – Agriculture District.
(2) 
"R-1A" – Single-Family Residential Traditional District.
(3) 
"R-1" – Single-Family Residential District.
(4) 
"R-2" – Two-Family Residential District, provided the principal use of the subject property is a single-family dwelling.
(5) 
"R-CH" – Cottage Housing Residential District.
b. 
Principle Use. The farm stand shall be clearly incidental and subordinate to a principal permitted use on the same lot, such as a single-family dwelling or an active agricultural operation.
c. 
Product Origin And Compliance.
(1) 
Agricultural products offered for sale must be primarily grown, raised, or produced on the premises where the farm stand is located, or sourced from local farms within twenty (20) miles of the City limits of the City of Excelsior Springs. The origin of sourced products shall be clearly disclosed to consumers.
(2) 
Baked goods, fruit spreads, or similar products must be produced on-site, within the principal residential dwelling where the farm stand is located.
(3) 
All products for sale at a farm stand must be labeled. The label shall include:
(a) 
The name of the farm stand business, or the name of the owner or operator of the farm stand.
(b) 
The address of the of the property on which a farm stand is located.
(c) 
A statement that the products for sale are not inspected by the Missouri Department of Health and Senior Services or any local health department.
(4) 
All products for sale at a farm stand must comply with all applicable local and State regulations, including, those outlined in Section 196.298.1, RSMo., regarding cottage food production.
4. 
General Standards. All farm stands shall comply with the following standards:
a. 
General Condition. The farm stand and its associated display areas shall be maintained in good repair and a safe condition.
b. 
Size. The total footprint of the farm stand, including all structures and display areas, shall not exceed one hundred twenty (120) square feet.
c. 
Location. No portion of the farm stand, including any display, parking, or signage, shall be located within a public right-of-way or obstruct pedestrian or vehicular traffic.
d. 
Setbacks.
(1) 
Front Yard Setback.
(a) 
Temporary farm stands may locate in the front yard, in front of the building line of the principal structure.
(b) 
Permanent farm stand structures shall be located behind the front yard building line of the principal structure.
(2) 
Side And Rear Yard Setback. The farm stand shall be set back a minimum of seven (7) feet from any side or rear property line.
e. 
Access. The farm stand shall maintain safe and clear access for customers and emergency services. This includes:
(1) 
Clear and stable pathways for pedestrian access to and from the farm stand.
(2) 
Maintaining clear access for emergency vehicles to the property at all times.
f. 
Parking. The owner or operator shall provide adequate parking for the home-based business.
(1) 
Parking for the farm stand may include the driveway or garage of the residence, or a paved parking area located behind the front building line of the residence.
(2) 
Farm stands may utilize public on-street parking in a manner consistent with all City parking regulations.
(a) 
The farm stand shall not cause a significant increase in on-street parking demand beyond what is typical for residential neighborhoods.
(b) 
The farm stand shall not impede the reasonable access or use of public on-street parking by neighboring residents.
g. 
Signage. In addition to signage permitted by Chapter 403 of the Zoning Ordinance, farm stands may be permitted one (1) temporary or permanent sign that shall not exceed six (6) square feet in area.
(1) 
Permanent Signs. Permanent signs must obtain a sign permit before installation and are subject to the regulations outlined in Chapter 403.
(2) 
Temporary Signs. Temporary signs do not require a sign permit and are exempt from the regulations outlined in Section 403.120(D).
(a) 
Temporary signs must be located on the same property as the farm stand and are prohibited in the public right-of-way.
(3) 
Prohibited Signs. The following sign types are prohibited in relation to farm stands:
(a) 
Illuminated signs.
(b) 
Inflatable devices.
(c) 
Feather signs.
h. 
Waste. The operator shall be responsible for the proper disposal of all waste generated by the farm stand and shall maintain the premises in a clean and sanitary condition.
i. 
Utilities.
(1) 
No permanent electrical, plumbing, or other utility connections shall be extended to the farm stand unless it is a permanent structure that has obtained all necessary building permits and inspections for such connections.
(2) 
The use of extension cords or other temporary wiring run from a principal building to the farm stand is prohibited.
5. 
Other Applicable Regulations.
a. 
Building Codes. Any permanent structures shall comply with the City's adopted Building Codes.
b. 
Nuisance. The operation of a farm stand shall not create a nuisance for adjacent properties due to noise, odors, lighting, traffic, or waste.
c. 
Storage Of Temporary Farm Stands. Temporary farm stands must be stored in one (1) of the following manners:
(1) 
Within a fully enclosed private garage.
(2) 
On a paved driveway of a single-family residence, behind the building line of the home.
(3) 
On a paved surface located within the side or rear yard of a single-family residence, behind the building line and no closer than seven (7) feet to the adjoining lot line.