Up to 180 days consistent with that allowed by Article XII, Nonconformities; or

A building permit is obtained for the reconstruction of the main or principal structure, the construction of which shall take place within 12 months. Failure to reconstruct the main or principal structure will be an automatic cause for the removal of the accessory structure at the owner's expense.

Unless otherwise stated in this section, all accessory uses and structures shall be set back a minimum of five feet from all lot lines.

Any accessory structure that has a wall or facade length of 25 feet or more, regardless of the presence of architectural features or facade offsets, shall maintain a minimum side and rear yard setback equal to the side setback required for principal structures in the applicable zoning district. See Figure 42-A. Accessory dwelling units shall be subject to the setback standards in § 25-45(b), regardless of facade length.

Additional setbacks may be required from the principal building, adjacent structures, or streets based on the applicable building or fire code regulations.

Detached accessory structures shall be separated from the principal building by a minimum of 10 feet unless a reduced setback is permissible by the applicable building and fire codes.

If the separation of the accessory and main structure is less than 10 feet, the accessory structure shall conform to the same yard requirements as the principal building.

Table 44-1 establishes the yards in which accessory structures and uses are permitted. Figure 42-B illustrates typical lot types and the locations of each yard as they relate only to accessory uses and structures and the provisions of this article.

A blank indicates that a use is prohibited in the respective zoning district.

Any use not specifically listed shall be considered prohibited unless approved through a code text amendment or addressed through § 25-44(f).

The Director of Public Services shall make the determination if a proposed use is permitted, permitted with standards, a special use, or a prohibited use under the provisions of this section.

An applicant may appeal a determination by the Director of Public Services in accordance with § 25-25 or may seek a text amendment in accordance with § 25-17.

Accessory dwelling units shall only be permitted when accessory to a single-family dwelling on a single lot.

Accessory dwelling units may be constructed within an existing dwelling unit (interior apartment) or as a separate or converted accessory structure (e.g., converted garage, carriage house, unit above a garage).

An accessory dwelling unit that is constructed within the principal dwelling (interior apartment) shall comply with the following:

An accessory dwelling unit that is in a separate, detached building or is added to a detached building shall be constructed in a manner that reflects the architectural style, materials, colors, and roof design of the principal dwelling. Such detached building shall meet the setback requirements for principal buildings in the applicable zoning district.

No existing accessory building can be converted to an accessory dwelling unit or modified to incorporate an accessory dwelling unit without meeting all the standards of this section, including the required setbacks.

Accessory dwelling units may have a maximum height of up to two stories. In no case shall an accessory dwelling unit exceed the height of the principal building.

Only one accessory dwelling unit is permitted on an individual lot.

There shall be a minimum lot area of 15,000 square feet for any lot that contains an accessory dwelling unit.

The maximum size of an accessory dwelling unit shall be 750 square feet of floor area and shall not contain more than two bedrooms. The calculation of floor area shall include basements but shall not include garage space when said accessory dwelling unit is part of a detached garage.

One off-street parking space shall be provided in addition to any spaces required in § 25-65. Such parking space shall have direct, drivable access to a street.

The owner of the lot shall reside in either the principal dwelling or accessory dwelling unit as long as both dwelling units are occupied as residences.

No more than one amateur radio tower and/or stand-alone antenna shall be permitted on each lot.

Ground-mounted amateur radio towers, antennas, and related guy wire anchors must be located in the rear yard.

Such tower shall not exceed 55 feet in height. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.

Antennas and guy wire anchors shall not overhang or otherwise be located within required accessory structure setbacks or on adjacent lots.

When an amateur radio tower and antenna is no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer or property ownership or lease to an individual without an FCC license.

Amateur radio towers and antennas that do not comply with the provisions of this section shall require a special use permit. The application for a special use permit for amateur radio towers and antennas must demonstrate that compliance with the provisions of this section would prevent the amateur radio operator from exercising the rights granted to him or her by the FCC or the State of Missouri by license or law.

The accessory use shall be limited to educational institutions and places of worship.

The accessory use shall be located within a principal building of a nonresidential use.

Each catering establishment shall be licensed with the St. Louis County Public Health Department and a commissary agreement must be on file with St. Louis County for each mobile food unit, pushcart, or catering entity.

Each catering establishment shall obtain a Kirkwood Commercial Occupancy Permit and Business License.

Deliveries and the loading/unloading of vehicles shall be limited to the hours of 7:00 a.m. to 11:00 p.m.

No vehicles associated with the catering establishment shall be stored overnight at the site of the kitchen.

The exhaust from the kitchen shall not directly vent onto adjacent residences or must include scrubbers.

Only one clubhouse is permitted as part of a development in the R-5 or R-6 District.

Such clubhouse shall be for the use and gathering of the residents and their guests in the development the clubhouse serves.

The clubhouse shall not be used or leased out for commercial purposes.

The clubhouse shall be designed with a residential character that reflects the architectural style, materials, and colors of the other principal residential dwellings of the related development.

Audible electronic devices, such as loudspeakers, automobile service order devices, and similar instruments, shall not be located within 100 feet of any residential dwelling unit.

All drive-through areas, including but not limited to drive-through signs, waiting lanes, trash receptacles, audio equipment, drive-up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.

If the drive-through window, drive-through signage (See Chapter 5, Article II, of the Municipal Code.), or any audio equipment is located in the front yard, they shall be screened with landscaping of a height that will fully screen the window, signage, or audio equipment. Such screening shall not be required for waiting spaces that are located in a front yard.

Drive-through facilities shall be required to include vehicle queuing lane requirements as established in § 25-66.

Each family day-care home shall not provide for more than six children unrelated to the day-care operator.

No such home shall be permitted unless it is licensed by the Department of Public Health and Welfare, Division of Welfare, State of Missouri.

Not more than one such home shall be permitted on each block. The term "block" as used herein means on both sides of the street between two intersecting streets, or from an intersecting street to the dead end of a street. In no instance shall there be more than 30 such family day-care homes established and permitted within the City of Kirkwood.

No family day-care home shall be permitted unless the home meets the minimum setback requirements of the applicable zoning district.

A family day-care home shall only be permitted in a business or industrial district if it is accessory to a residential dwelling.

A permitted family day-care home shall operate only within the hours of 7:00 a.m. to 7:00 p.m. for the care of children not related to the day-care operator.

The occupancy permit for a family day-care home shall be granted for 12 months, at the end of which time the operator shall be required to apply for a renewal of the occupancy permit for said permitted use. At the time of so applying, the operator must demonstrate and show to the Director of Public Services that the family day-care home complies with all of the minimum standards herein set forth before the occupancy permit for said permitted use may be renewed.

The home occupation shall be clearly secondary to the full-time use of the property as a residence.

Any home occupation that provides services where members of the public visit or enter the premises may be permitted if designed to accommodate one client at a time and which meets all other applicable requirements for home occupations.

Permitted home occupations. The following uses are examples of uses that may be approved as a home occupation when in compliance with this section:

Prohibited home occupations. The following are business activities that are prohibited as home occupations:

Operating standards.

Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.

No off-site parking space shall be located more than 1,000 feet from the primary use served, measured along the shortest, legal walking route. This route may include crossing a right-of-way, provided that the crossing is at a marked crosswalk.

The off-site parking facility shall adhere to the landscaping requirements for vehicular use areas in Article VIII, Landscaping and Buffering Standards.

Off-site parking facilities in residential districts shall only provide parking for uses within the same residential zoning district and shall not provide parking for uses in adjacent zoning districts.

Off-site parking facilities shall be used solely for the parking of passenger motor vehicles. No commercial repair work or service of any kind shall be conducted on said parking lot.

Only signage authorized in Chapter 5, Article II, of the Municipal Code shall be permitted on the lot used for off-site parking.

Lighting shall comply with § 25-52.

Each entrance to and exit from said parking lot shall be at least 20 feet distant from any adjacent property located in any residential district, except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.

The off-site parking facility shall be in the same possession, either by deed or long-term lease, as the property occupied by such principal use or uses served, and the owner shall be bound by covenants filed of record in the office of the St. Louis County Recorder of Deeds, requiring the owner and the owner's heirs, successors and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

Such uses shall not be placed within the street right-of-way except in the Downtown Master Plan Study Area where such displays shall comply with the following:

Such uses shall not be placed within an interior drive, or in a location which will interfere with the vision clearance requirements.

Outdoor displays and sales shall be related to the principal use of the site and shall clearly be accessory and incidental to the principal use. Outdoor displays and sales shall be prohibited when the principal building is vacant.

Outdoor displays and sales areas shall not cover an area more than 20% of the ground floor area of the principal building.

Outdoor displays and sales areas shall be shown on the site plan application.

Outdoor display and sales areas may be permitted in all yards, provided that the merchandise is displayed along the private sidewalk or walkway adjacent to the building.

Outdoor display and sales areas shall be spaced a sufficient distance from the building, as dictated by the City of Kirkwood Fire Department, to satisfy all fire safety requirements.

Any areas designated for outdoor display or sales shall be set back a minimum of 25 feet from any adjacent lot lines of lots used for residential purposes.

The placement of the merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of six feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

The outdoor display and sales areas shall be maintained in good order and appearance.

The outdoor display and sale of goods and products shall be limited to those goods and products that a customer can pick up and carry into the building for purchase. Larger items may be displayed for sale if in compliance with the outdoor storage requirements of § 25-45(p).

Outdoor dining and outdoor seating areas shall be located on a private sidewalk, patio, porch, deck, or other surface adjacent to the principal building the dining is connected with. Outdoor dining and outdoor seating areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the seating area and the principal building.

Outdoor dining and outdoor seating on public sidewalks may be permitted in accordance with § 20-95 of the Municipal Code.

Outdoor dining and outdoor seating shall not be located within 10 feet of fire hydrants, Fire Department standpipe connections, fire escapes, bus stops, loading zones, mailboxes, or traffic signal stanchions.

If no grade separation is provided between vehicular traffic and the outdoor dining or outdoor seating area, permanent railings or fencing shall be provided around the area. If the dining or outdoor seating area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.

If the outdoor dining or outdoor seating area is located on a sidewalk, the area shall be designed so there is a minimum of six feet of clearance adjacent to the dining or seating area to allow for safe pedestrian circulation. Such areas shall also not block any areas of ingress to or egress from the principal building.

Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital, or any other individual, group or mechanical device shall not be permitted for outdoor seating areas. Such activities may be permitted as part of an outdoor dining area if approved as part of the special use permit.

Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.

Outdoor tables, chairs, umbrellas, furniture, and decorative items shall be of uniform design.

Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.

Provisions shall be made for adequate litter and trash control, including the providing and maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.

For outdoor seating areas, the hours of use are limited from 6:00 a.m. to 12:00 midnight except in the B-1 District, where it shall be limited from 7:00 a.m. to 10:00 p.m. For outdoor dining areas, the hours of use shall be approved as part of the special use permit.

Outdoor dining areas that are covered by a roof shall meet all the requirements of a building within the applicable zoning district and shall require review as an expansion of the principal building, as required by this Code. Outdoor dining areas that are covered by a roof but that meet certain criteria found in § 25-63 are exempt from providing additional parking.

Outdoor storage and bulk sales areas shall be shown on the site plan.

Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust.

Areas devoted to outdoor storage or bulk sales shall be located behind the front building line. The enclosed area shall be setback 25 feet from any lot line adjacent to a residential district and in no case shall the side and rear setback of the enclosed area be less than 10 feet.

Outdoor storage or bulk sales areas shall be screened by fencing, walls, or landscaping in accordance with Article VIII, Landscaping and Buffering Standards.

If the screening needs to exceed eight feet in height to conceal the storage of materials, the screening shall consist of a wall or fence and shall be constructed of materials similar to the principal building so that it appears to be an extension of the principal structure. See Figure 45-A.

The above screening may be waived or reduced as part of the site plan review if it is determined that the storage or sales are adjacent to similar outdoor activities in the same business or industrial zoning district.

Outdoor storage of vehicles and equipment. The accessory outdoor storage of vehicles and equipment related to or utilized by a principal use shall be an accessory use associated with a permitted use in those zoning districts where permitted pursuant to Table 35-1 and shall comply with the provisions of § 25-45(p)(1) through (6) as well as the following:

No such use or facility shall be placed within the street right-of-way or within an interior drive.

The facility or equipment shall be maintained in good operating order and appearance.

Vending machines and dropoff boxes shall only be permitted in the B-3, B-4, B-5 and I-1 Districts.

Vending machines shall only be placed along the facade of the principal building with a maximum of one machine for every 50 feet of building frontage. See Figure 45-B.

Only one dropoff box shall be permitted on any single lot.

Dropoff boxes shall only be permitted in the side or rear yard.

The dropoff box container shall be emptied at least once every week. Containers that result in the overflow of donated goods shall be declared a nuisance and shall be removed immediately upon notification by the Director of Public Services at the expense of the property owner or business owner.

If a playset has more than 120 square feet of enclosed play area, the use shall be reviewed in the same manner as a detached storage/utility shed, gazebo, pool house, greenhouse, and other similar building.

Any playset with an enclosed area of less than 120 square feet shall be permitted in the side or rear yard. For corner lots, these smaller playsets may be permitted in the front yard of the secondary street frontage, provided that the playset is set back a minimum of 10 feet from the lot line. For multiple frontage lots, these smaller playsets may be permitted in the front yard on which the house is not addressed, provided that the playset is set back a minimum of 10 feet from the lot line. See Figure 42-B for an illustration of the location of the applicable front yards.

Such uses are an accessory use;

The uses are located completely within a principal building of a nonresidential use; and

The total floor area of accessory uses shall not exceed 15% of the total gross floor area of the principal building.

Satellite dishes of one meter in diameter or less shall be exempt from the provisions of this article.

Satellite dishes shall be limited in residential districts to a maximum of one satellite dish per residential unit.

Building-mounted satellite dishes shall not exceed three feet above the maximum height of the building on which they are located.

Ground-mounted satellite dishes shall not exceed 12 feet above the adjacent ground level.

To the maximum extent feasible, the dish should be located in the side or rear yard.

Satellite dishes larger than one meter in diameter may be permitted if approved as a special use.

A swimming pool shall be intended and used solely by the occupants and guests of the principal use of the property on which it is located.

Aboveground swimming pools shall meet the setback requirements of the principal building on the lot, as established in §§ 25-48 and 25-49, as applicable. Aboveground swimming pools shall be defined as any pool where the waterline is above grade and requires walls or a support system to contain the water.

In-ground swimming pools where the waterline is below grade shall comply with the accessory use setbacks established in this section; however, said pools shall not be required to comply with the increased setback requirements for accessory structures with walls or facades that are 25 feet in length or greater.

Any patio, deck, or other surface around a swimming pool shall be subject to the applicable standards for such patio, terrace, deck or other structure established in this section.

The use of such structures shall be limited to offices; buildings for the storage of lumber, tools, equipment, and other building materials; and construction dumpsters. Such structures may also be utilized to accommodate the existing uses on a site while there is a valid building permit.

The temporary construction structure shall be placed on the same site as the related construction, to the maximum extent feasible. If the structure is proposed to be established on a separate lot, the applicant shall identify such location on the site plan application for the related construction activity, and approval of such placements shall be required as part of the applicable site plan review.

All temporary structures shall be set back a minimum of 25 feet from the nearest occupied residential dwelling.

A temporary construction structure may be placed on the site up to two weeks prior to the start of grading or construction.

In all districts except the R-1, R-2, R-3, and R-4 Districts, temporary dumpsters for construction shall be prohibited in the front yard.

The structure shall not be located within a floodplain or in a location that will obstruct drainage flow nor shall it be placed in or block a right-of-way.

The structure shall not block or prevent access to any fire hydrant.

All temporary structures for construction operations shall be removed within 30 days after the completion of work on the premises. In no instance shall a temporary construction structure be permitted for more than 18 consecutive months unless an extended time is approved for construction as part of the site plan review.

A proper building permit shall be required.

Unenclosed patios that do not extend more than three feet above grade are permitted in any yard, provided that they are set back a minimum of two feet from all lot lines.

Unenclosed porches and decks that do not exceed one story in height may extend up to 10 feet into the minimum front and rear yard setback requirement.

Patios, porches, and decks in the rear yard may have built-in fireplaces, grills, or kitchen areas, provided that such use complies with any applicable building code requirements.

Patios, porches, and decks that have been enclosed with walls shall be considered a part of the principal structure and shall be subject to the site development standards of the applicable zoning district.