Grain Valley City Zoning Code
SECTION 400
230 Accessory Uses.
[R.O. 1996 § 400.230; Ord. No. 1084 § 270, 3-10-1997; Ord. No. 1128 § 1, 9-8-1997; Ord. No. 1328 § 1, 6-26-2000; Ord. No. 1952, 2-25-2008; Ord. No. 2067, 2-22-2010]
A.
A private driveway or walk to provide access to premises in a non-residential district shall not be permitted in District "A," "R-1," "R-1A," "R-1B," "R-1C," "R-2," "R-3" or "R-4."
B.
Buildings or structures or uses which are necessary to the use permitted in one (1) district shall not be permitted in a district of a higher classification.
C.
The following shall be permitted as accessory uses customarily incident to uses permitted in District "A" through "R-4" and located on the same lot therewith.
1.
No-impact home-based businesses as described in Section 400.520 of this City's Code.
[Ord. No. 2403, 11-28-2022]
2.
Garages And Accessory Buildings.
[Ord. No. 2565, 11-22-2021; Ord. No. 2593, 8-8-2022]
a.
In a lot that does not exceed forty-three thousand five hundred sixty (43,560) square feet (1 acre) in size and lies within Districts "R-1," "R-1A," "R-1B," "R-1C," and "R-2," a detached garage, not exceeding twenty (20) feet or two (2) stories in height or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard and not more than one thousand (1,000) square feet, whichever is smaller, and one (1) detached accessory storage building not in excess of two hundred fifty (250) square feet in area constructed in connection with the residential use of a property.
b.
In a lot that is at least forty-three thousand five hundred sixty (43,560) square feet (1 acre), but does not exceed one hundred thirty thousand six hundred eighty (130,680) square feet (3 acres) in size and lies within Districts "R-1," "R-1A," "R-1B," "R-1C," and "R-2," two (2) detached garages/accessory buildings not exceeding twenty (20) feet or two (2) stories in height or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard and not more than two thousand four hundred (2,400) square feet per structure, whichever is smaller in area, constructed in connection with the residential use of a property.
c.
In a lot that is equal to or greater than one hundred thirty thousand six hundred eighty (130,680) square feet (3 acres) in size and lies within Districts "R-1," "R-1A," "R-1B," "R-1C," and "R-2," two (2) detached garages/accessory buildings, not exceeding twenty (20) feet or two (2) stories in height or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard and not more than five thousand (5,000) square feet per structure, whichever is smaller in area, constructed in connection with the residential use of a property.
d.
In "A" District, detached garages and agricultural accessory buildings are limited to thirty percent (30%) of the area of the rear yard. In no case shall a detached garage or accessory building be located closer to the front of the lot than the front of the house or, in the case of corner lots, no closer than the required building setback lines for the zoning district.
e.
A garage or accessory building may be built not less than five (5) feet from a side lot line and not less than five (5) feet from the rear property line. Accessory buildings may not be placed on utility easements.
f.
In a lot within Districts "R-1," "R-1A," "R-1B," "R-1C," and "R-2," the drives and parking areas for the new detached garage and detached accessory storage building shall be concrete.
g.
With the exception of "M-1" or "M-2" Zoning Districts, inoperative vehicles may not be stored or repaired (other than in enclosed garages) on the premises.
h.
Storage buildings that have been converted from a wheeled trailer, a portable storage container or a roll-off trash container or a similar container shall not constitute an accessory building or use.
3.
A private stable will be allowed on a lot having an area of more than one (1) acre, provided that it is located not less than one hundred (100) feet from the front lot line nor less than thirty (30) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each forty thousand (40,000) square feet of lot area; provided, however, that where any such stable exists and/or animals as herein provided for are kept, the owner or keeper shall cause the premises to be kept and maintained so as to comply with all State, County and municipal sanitary and health regulations regarding same.
4.
Temporary real estate sales offices, not located in a no-impact home-based business property being sold and limited to period of sale, but not exceeding two (2) years without special permit from the Board of Aldermen.
[Ord. No. 2403, 11-28-2022]
5.
When swimming pools, meeting rooms or shelter houses are constructed in parks or playgrounds, public or private, adequate off-street parking shall be provided with landscaping and screening as required in Section 400.280. Lighting shall be so arranged as to reflect away from adjoining residential properties.
6.
Pools, saunas and jacuzzis having a depth of two (2) feet or more, provided the following conditions are met:
[Ord. No. 2506, 6-8-2020]
a.
Below-Grade Pools, Saunas And Jacuzzis.
(1)
Below-grade uses and associated above-grade appurtenances (decks, equipment, etc.) shall be located behind the front building line and not less than ten (10) feet from any rear or side property line. In the case of corner lots, they shall not be less than twenty-five (25) feet from a front or street side property line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
The area in which the below-grade use is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure at least forty-eight (48) inches in height, measured from grade with open spaces between members not exceeding four (4) inches. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices. Refer to the latest adopted edition of the International Residential Code for additional regulations and standards.
b.
Above-Grade Pools, Saunas And Jacuzzis.
(1)
Above-grade uses and associated appurtenances (decks, equipment, etc.) shall be located behind the front building line and not less than ten (10) feet from any rear or side line. In the case of corner lots, they shall not be less than twenty-five (25) feet from a street side property line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
The area in which the above-grade use is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure at least forty-eight (48) inches in height, measured from grade with open spaces between members not exceeding four (4) inches. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices. Refer to the latest adopted edition of the International Residential Code for additional regulations and standards.
Exception: The above separate protective fence or other permanent structure need only be required around the area providing access to the swimming pool, sauna or jacuzzi when decking and railing, a minimum of at least forty-eight (48) inches in height, measured from the exterior grade, meeting the guardrail requirements of the Building Code, totally surrounds the swimming pool, sauna or jacuzzi.
c.
Adequate drainage facilities shall be provided for which the plans and specifications shall be approved by the Building Inspector.
d.
All pools, saunas and jacuzzis shall comply with other applicable Building and Electrical Code regulations.
7.
Temporary Recycling Drives. Occasional, temporary recycling drives sponsored by schools, churches or non-profit community groups shall be allowed as an accessory use in all zoning districts, provided:
a.
Containers are located on property in District "A" or Districts "C-1" through "M-2," inclusive, or church or school grounds;
b.
Containers shall not remain at the location for a period of more fourteen (14) continuous days;
c.
Such drives are not conducted at the same location more than four (4) times within a twelve (12) month period of time;
d.
Activity is at least one hundred fifty (150) feet from any adjacent property zoned or used for residential purposes;
e.
Reverse vending machines are not used; and
f.
The temporary facility is maintained in a clean, litter-free condition on a daily basis.
8.
Reverse Vending Machine. One (1) reverse vending machine is allowed by right in Districts "C-2" through "M-2," inclusive, provided the machine:
a.
Does not obstruct required parking spaces;
b.
Does not obstruct pedestrian or vehicular circulation;
c.
Is maintained in a clean, litter-free condition on a daily basis;
d.
Is illuminated to ensure comfortable and safe operation if operating hours are between dusk to dawn;
e.
Is at least one hundred fifty (150) feet from any adjacent property zoned or used for residential purposes; and
f.
Is located and/or soundproofed such that noise of the operation is imperceptible from the property line of property zoned or used for residential purposes.
9.
Fences. Fences shall be constructed out of any of the following materials:
[Ord. No. 2506, 6-8-2020]
• | Wood or vinyl simulating wood; | |
• | Wrought iron or aluminum simulating wrought iron; | |
• | Masonry: stone, brick, concrete with stone or brick veneer, or precast concrete simulated stone or brick; | |
• | Composite or plastic; or | |
• | Chain link (in the rear and side yard only). | |
• | The above fences are permitted in all zoning districts, provided a building permit is obtained for a fee (see fee schedule) and the following conditions are met: | |
a.
No fence shall be constructed that will constitute a traffic hazard. [See Section 400.220(C).]
b.
No fence shall be located in the required front yard, except split rail and picket (wood or vinyl simulating wood, composite or plastic) or wrought iron or aluminum simulating wrought iron, not to exceed four (4) feet in height and slats with a minimum of two-inch spacing.
c.
A fence over (4) feet in height cannot extend in front of the front surface of the residence and cannot be located closer than eight (8) feet to a street right-of-way on a corner lot.
d.
Fences shall be limited to the height of six (6) feet for side and rear yards in any zone, except "M-1" and "M-2" zoned areas which allow eight (8) foot fences. Fences over six (6) feet must meet the requirements of the Building Code.
e.
All fences shall be constructed with a finished surface facing outward from the property. Any posts or support beams shall be inside the finished surface or designed to be an integral part of the finished surface.
f.
Fences for security in non-residential districts or fences around recreation amenities such as tennis courts or pools may be exempt from the location, height and material standards by the Director of Community Development.
g.
Any fence proposed across a drainage way or drainage easement shall require review and approval by the Director of Community Development.
h.
Barbed wire and electric fences are not permitted except in agricultural zoning districts and as identified in this Section.
i.
Barbed wire is permitted in "M-1" and "M-2" zoning districts only on brackets over six (6) feet fences, for security purposes.
D.
The following uses are permitted as temporary uses for the time period specified and in the zoning district specified:
1.
Christmas Tree Sales. Christmas tree sales are permitted in any commercial or industrial zoning district for a period not exceeding sixty (60) days prior to Christmas. Display must be on private property. Trees shall not be displayed within thirty (30) feet of the intersection of any two (2) streets.
2.
Contractors' offices and equipment sheds and trailers which are accessory to a construction project are permitted during the duration of such project.
3.
Real estate offices are permitted as an accessory incidental use for residential developments. The use is permitted within a model home or dwelling unit that is not occupied or in a temporary structure set up for a real estate office. Such temporary structure must comply with all setback requirements and provide paved off-street parking facilities. Such use may continue only until the sale of all properties within the development as long as the office is occupied and staffed a minimum of four (4) days per week.
4.
Sales of farm produce grown on the premises is permitted in agricultural, commercial and industrial zoning districts.
5.
Carnivals, circuses and fairs are permitted in commercial and industrial zoning districts for a time period not exceeding three (3) weeks.
6.
Garage or yard sales are permitted in any zoning district, provided that such use shall not exceed three (3) consecutive days in duration nor shall it occur more than two (2) times in a year at any location.