Green Park City Zoning Code
ARTICLE V
Accessory Uses
Section 405.170 Accessory Uses and Structures.
[Ord. No. 303 §§1 — 2, 2-26-2001; Ord. No. 503 §2, 8-21-2006; Ord. No. 709 § 3, 11-16-2015; Ord. No. 735 § 4, 12-19-2016; Ord. No. 735 § 5, 12-19-2016; Ord. No. 742, 6-19-2017; Ord. No. 778, 1-22-2019; Ord. No. 781, 7-15-2019; Ord. No. 792, 4-20-2020; Ord. No. 843, 4-17-2023; Ord. No. 844, 4-17-2023; Ord. No. 862, 6-17-2024]
A.
Authorization. Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.
B.
Permitted Accessory Uses And Structures. A permitted accessory use is any use or structure that complies with Subsection (A) hereof including, but not limited to, the following typical uses:
KEY: | ||
|---|---|---|
Use is permitted by right | ● | |
Use permitted as Planned Use | ☐ | |
Use permitted as a Conditional Use | ○ | |
Use not permitted |
TABLE OF ACCESSORY USES | PS | RS/MR | CC | PO | PLI | |
|---|---|---|---|---|---|---|
Accessory Buildings and Structures | ● | ● | ● | ● | ||
Automotive Parking Garage or Lot (Off-Street Parking) | ● | ● | ● | ● | ● | |
Automotive Rental Agency (accessory only to Automotive Sales and Lease) | ○ | |||||
Automotive Repair Shop (accessory only to Automotive Sales and Lease) | ● | |||||
Automotive Wash (Automated and Full Service only) | ☐ | ☐ | ||||
Cemetery or Mausoleum | ○ | |||||
Child's playhouse | ● | ● | ||||
Construction Office (Temporary) | ○ | ○ | ○ | ○ | ||
Display Home | ○ | |||||
Day Care Home | ● | ○ | ○ | |||
Day Care Group | ☐ | ☐ | ||||
Deck, Platforms and Gazebo | ● | ● | ● | ○ | ||
Drive-through Window | ☐ | ☐ | ☐ | |||
Fence or Wall | ● | ● | ● | ● | ● | |
Greenhouses (Non-Commercial) | ● | ● | ||||
Home Occupation | ● | |||||
Hot Tub, Jacuzzi (Outdoor) | ● | ● | ● | ● | ||
Kennel (Non-Commercial) | ● | |||||
Marijuana Cultivation [pursuant to and only to the extent allowed by Article XIV of the Missouri Constitution and Section 405.170(G)] | ● | ● | ● | ● | ||
Outdoor Display Area | ☐ | ○ | ||||
Outdoor Storage | ○ | ○ | ○ | |||
Private parking or storage of any recreational vehicle or equipment | ● | |||||
Private garages or carports | ● | |||||
Real Estate Sales Office | ○ | |||||
Recreational Facility or Area (Non-Commercial) | ● | ● | ● | ● | ● | |
Restaurant Limited | ☐ | |||||
Swimming Pool (Private) | ● | |||||
Wireless Communications Facilities, (for specific regulations, please see Section 405.440 of this Chapter) | N/A | N/A | N/A | N/A | N/A | |
Tourist Home (Apartment Dwellings Only) | MR only | |||||
Yard Fixtures | ● | ● | ● | ● | ● | |
C.
Specifically Prohibited Uses. It shall be unlawful for any person, firm or corporation to occupy or use any land, building or part thereof for any of the following accessory uses:
1.
The use of recreational vehicles or equipment for living, sleeping or housekeeping purposes when parked or stored.
2.
Outdoor storage of recreational vehicles or recreational equipment in residential zoning districts, unless the equipment is in condition for safe and effective performance of the function for which it is intended.
3.
Parking garages and lots in residential districts except that parking lots accessory to a church, temple or synagogue, public parks, playgrounds, and publicly-owned libraries and community buildings.
4.
Outdoor storage of lumber not piled or stacked twelve (12) inches off the ground, rocks, bricks, tin, steel, parts of derelict vehicles (as defined in Article II of Chapter 215 of this Code) and parts thereof, furniture, appliances, manure, rubbish, garbage, refuse, any flammable or toxic material which may endanger public safety, and human and industrial noxious or offensive waste, or any other item that is deemed a nuisance.
5.
Tourist Homes located in the Single-Family Residential District.
D.
Development Standards.
1.
Rear setbacks. Excluding detached private garages which shall maintain the same rear yard setback as is required for the principal structure located on the zoning lot, accessory structures and uses shall be set back at least five (5) feet from the rear lot line except for fences, which are governed by Section 405.175.
2.
Side setbacks. Accessory structures and uses, including detached private garages, shall maintain the same yard as is required for the principal structure located on the zoning lot, except for fences, which are governed by Section 405.175. In no instance may an accessory structure be placed within the right-of-way or within one (1) foot thereof.
3.
Recreation facilities or areas. Recreation facilities (commercial or non-commercial), including swimming pools, bathhouses or tennis courts, must be set back at least fifteen (15) feet from any lot line and screened from adjacent residential property with a solid fence at least four (4) feet and not more than six (6) feet in height or dense planting at least four (4) feet in height. Fences surrounding tennis or other sport courts and backstop fencing for baseball/softball fields and other recreational amenities may be of chain link construction and shall not exceed sixteen (16) feet in height unless approved as part of the development plan process for a larger development.
4.
Accessory buildings and structures (including sheds and outbuildings) — height, area, location. No freestanding structure that is accessory to a single-family dwelling shall exceed one hundred forty-four (144) square feet in gross floor area and fourteen (14) feet in height except for detached private garages which shall meet the requirements of Section 405.120(F)(1). Notwithstanding anything herein, no accessory uses, including detached private garages but excluding yard fixtures [under four (4) feet tall] and flagpoles, shall be located in the front yard. Accessory buildings and structures shall be set back at least five (5) feet from the rear lot line and shall maintain the same yard as is required for the principal structure located on the lot as to the side lot line.
5.
Approved outdoor storage — commercial. No outdoor storage is permitted as an accessory use in a commercial district unless it has been approved by the City pursuant to a validly issued conditional use permit or as part of an approved site plan or final development plan for a site. Any approved outdoor storage in a commercial district must be screened from view by a site-proof fence, a fence screened by heavy landscaping, or as otherwise approved by the City.
6.
Private swimming pools ("RS-1" only). Private swimming pools shall be set back at least five (5) feet from the rear lot line and six (6) feet from side property line.
E.
Accessory structures and uses not otherwise specifically regulated shall comply with the use regulations applicable to the zoning district in which they are located.
F.
Notwithstanding the legend on the Table of Accessory Uses, any accessory use approved as a part of a planned use will not require a conditional use permit but will be governed by the terms of the recorded site plan/final development plan.
G.
Qualifying Patient Medical Marijuana Cultivation, Primary Caregiver Medical Marijuana Cultivation, And Consumer Personal Cultivation. On any lot in the City on which a person has a legal principal use, a person holding a current, valid marijuana cultivation identification card issued by the State of Missouri may also use the lot for an accessory use of marijuana cultivation as permitted by Article XIV of the Missouri Constitution and regulations promulgated thereunder, and provided all the following conditions are met:
1.
The accessory use must take place only in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), and in conformance with all Federal and Missouri laws and regulations. Consumer personal cultivation, qualifying patient, and primary caregiver cultivation shall not take place at a place of business.
2.
The State-issued marijuana cultivation identification card must be clearly displayed within the cultivation area and near the marijuana plants.
3.
The accessory use must have an odor control system that is at least as stringent as required by State regulations.
4.
A qualifying patient may not hold or obtain both a qualifying patient cultivation identification card and a consumer personal cultivation card at the same time, regardless of whether the caregiver holds a cultivation identification card on behalf of the qualified patient.
5.
All marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of a State-issued marijuana cultivation identification card.
6.
The following additional rules shall apply to consumer personal cultivation:
a.
All consumer personal cultivation must take place at a private residence.
b.
No more than twelve (12) flowering plants, twelve (12) nonflowering plants fourteen (14) inches tall or more, and twelve (12) nonflowering plants under fourteen (14) inches tall may be cultivated by consumers at a single private residence, regardless of the number of consumers who live at that private residence.
c.
Plants and marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an enclosed, locked facility.
d.
All cultivated flowering plants in the possession of a consumer shall be clearly labeled with the consumer's name.
7.
The following additional rules shall apply to qualifying patient cultivation:
a.
One (1) qualifying patient, the primary caregiver for that person on their behalf, or a consumer for personal cultivation, may cultivate up to six (6) flowering plants and six (6) non-flowering marijuana plants fourteen (14) inches tall or more, and six (6) nonflowering plants under fourteen (14) inches tall at any given time in a cultivation area, subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the DHSS.
b.
Two (2) qualifying patients, who both hold valid medical marijuana cultivation identification cards, may share one (1) cultivation area but no more than twelve (12) flowering plants and twelve (12) non-flowering marijuana plants fourteen (14) inches tall or more, and twelve (12) non-flowering marijuana plants under fourteen (14) inches tall or more may be cultivated in a cultivation area.
c.
Under no circumstances shall a qualifying patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) flowering plants.
d.
Only one (1) individual in a patient-caregiver relationship may be authorized for cultivation on behalf of the qualifying patient.
e.
All cultivated flowering plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.
8.
The following additional rules shall apply to primary caregiver cultivation:
a.
A primary caregiver may cultivate on behalf of more than one (1) qualifying patient and may utilize one (1) or more cultivation area(s).
b.
No primary caregiver cultivating marijuana for more than one qualifying patient may exceed a total of twenty-four (24) flowering plants, twenty-four (24) nonflowering plants fourteen (14) inches tall or more, and twenty-four (24) nonflowering plants under fourteen (14) inches tall.
c.
Only one (1) individual in a patient-caregiver relationship may be authorized for cultivation on behalf of the qualifying patient.
d.
All cultivated flowering plants in the possession of a primary caregiver shall be clearly labeled with the qualifying patient's name.
e.
A primary caregiver cultivator who is also authorized as a qualifying patient cultivator may grow the plants that belong to them as a qualifying patient cultivator, and the plants grown on behalf of their qualifying patient(s) using the same cultivation area.
f.
A primary caregiver cultivator who is also authorized as a consumer personal cultivator may not grow the plants that belong to them as an authorized consumer personal cultivator and the plants grown on behalf of their qualifying patient(s) using the same cultivation area.
9.
Nothing in this Section shall convey or establish a right to cultivate marijuana in a facility or site where State or Federal law or a private contract would otherwise prohibit doing so.
Section 405.175 Regulation Of Fences.
[Ord. No. 844, 4-17-2023; Ord. No. 873, 1-21-2025]
A.
Setbacks. Fences shall be located so as not to be placed on the adjoining lot, and except as may be permitted by a development plan or a specific provision of the underlying zoning district, fences shall be subject to the following setback requirements:
1.
Rear Setbacks. Fences (to include backfill material) shall be set back at least one (1) foot from the rear lot line.
2.
Side Setbacks. Fences (to include backfill materials) may be located within one (1) foot of the required side lot line.
3.
Front Setback. Fences are not permitted in the front yard. Nothing herein shall prevent small decorative fencing (not used for the purpose of enclosing or separating land) not exceeding three and one-half (3 1/2) feet in height or walls not exceeding three and one-half (3 1/2) feet in height.
4.
Right-Of-Way. In no instance may a fence be placed within the right-of-way or within one (1) foot thereof.
5.
Corner Lots. On a corner lot, a fence greater than four (4) feet in height in any side yard facing a side street shall not extend beyond the side building line and shall not be so constructed as to pose a safety hazard by interfering with driver's line of sight on adjoining streets (sight triangle).
B.
Height. Fences may be constructed to a height of six (6) feet except masonry or stone fences which shall not exceed four (4) feet in height, unless otherwise required by applicable building codes. Notwithstanding the height limitations herein, fences in industrial or commercial areas may be permitted up to eight (8) feet in height if permitted by a development plan or a specific provision of the underlying zoning district.
C.
Materials. Fences shall be constructed of wood, masonry, stone, vinyl, polyvinylchloride, ornamental metal, chain link, or composite material, provided such material is originally fabricated and marketed as fencing components. No owner, agent, occupant, or person in control of the property shall erect or maintain (or allow to be erected and maintained) any fence or screen consisting of or including:
1.
One (1) or more strand wires (including, but not limited to, chicken wire);
2.
Temporary fences or safety fencing or construction-site barrier (including, but not limited to, plastic mesh, wood roll fencing, snow fencing, portable fencing, collapsible security gates, or other temporary fencing).
3.
Cloth, canvas, or other like material.
4.
Barbed wire, sharp, affixed spikes, projecting nails or other dangerous objects of any kind or description.
5.
Fences of more than two (2) non-prohibited fencing materials.
6.
Makeshift material such as two (2) inches by four (4) inches lumber and plywood.
7.
Electrical devices of any kind may be attached to any fence or used on any property as a means of deterring entrance or exit by creating a shock or electrical current.
D.
Construction.
1.
Fences shall be constructed as permanent fences securely affixed to the ground.
2.
Any fence which totally encloses a property, or piece or section of a property, shall have at least one (1) gate opening with a minimum opening width of four (4) feet.
3.
Any fence must be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside of the fence area or hidden from both the neighbor's and general public's view.
4.
All exposed steel/metal fences except galvanized metal fences shall have a colored finish coat applied to them and be preserved against rust and corrosion.
E.
Appearance. Fences must be constructed and erected to be equal in appearance from both sides or erected with the finished side out. Fences must be straight and run parallel to the lot lines.
F.
Maintenance; Nuisance. It shall be the responsibility of the legal owner, agent, occupant, or person in control of the property to adequately maintain all fences. Fences shall be maintained in such a manner to keep them whole and complete, keep them from sagging or falling, effectively preserve and maintain their materials, and keep them painted or stained (where applicable) so as not to allow chipping or peeling of paint or other materials. All fences shall be in keeping with the general character of the neighborhood in which they are erected, and any dilapidated, unsightly, or dangerous fences or parts thereof are hereby declared a nuisance. Failure to construct or maintain a fence as required in this Section shall be considered a violation of the Zoning Code and a nuisance pursuant to Section 215.210 (Fences — Nuisance). Procedures for abatement of any fence declared a nuisance under this Section shall follow the process set forth in Article IV ("Fences") of Chapter 215.
G.
Signage On Fence. No owner, agent, occupant, or person in control of the property shall permit any fence erected or maintained on premises owned, occupied, or leased by them to be used for sign purposes unless permitted under the Sign Regulations, Chapter 415.
H.
Swimming Pools And Spas. Fencing required for a swimming pool or spa shall meet the requirements of this Section as far as materials as well as all requirements of Section 500.073 of the Green Park Code.
I.
Exceptions. The following are exempt from this Section or are regulated elsewhere:
1.
Fencing not to exceed four (4) feet in height enclosing an established garden (i.e., a plot of ground where herbs, fruits, flowers, or vegetables are cultivated) to control access by vermin and other unwanted animals.
2.
Fencing required by Section 205.020 for an approved chicken coop.
3.
Non-commercial kennels as an accessory use (Section 405.170).
4.
Temporary fencing required by law or approved by the City or other a public authority in the interests of safety.
5.
Recreational Amenity Fences. Fences surrounding tennis courts and backstop fencing for baseball/softball fields and other recreational amenities may be chain link and shall not exceed sixteen (16) feet in height per Section 405.170(E)(3).
J.
Non-Conforming Fences. Fences existing as of April 17, 2023 ("pre-existing fence"), that do not comply with these regulations may remain as legal non-conformities and may be repaired or replaced as provided in this Subsection.
1.
Legal non-conforming fences may be maintained and repaired without obtaining a permit.
2.
Up to twenty-five percent (25%) of the total length of a damaged legal non-conforming fence may be replaced; provided that: (a) the owner shall obtain a permit; and (b) the owner shall not be permitted to replace the entire fence with subsequent fence permits seeking to incrementally replace the entire fence. Any replacement of a legal non-conforming fence in excess of twenty-five percent (25%) of the total length of the fence shall be subject to these regulations.
3.
A legal non-conforming fence may be replaced with another conforming fence, provided a fence permit is obtained after review and approval. The replacement fence shall conform to the material and location requirements and the height limitation.
4.
Any administrative determination made by a City officer under this Section may be appealed to the Board of Adjustment pursuant to the procedures of Article II of Chapter 400 of the Municipal Code.
5.
Nothing herein shall be interpreted to approve or otherwise authorize pre-existing fences that are located wholly or partially on neighboring property without the neighboring property owner's consent.
K.
Permits. No permit is required to construct a fence. However, any owner, agent, occupant, or person in control of the property desirous of constructing a fence shall be required to follow all requirements of this Section and the code pertaining to fence construction material, placement, maintenance, etc.
