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Merriam City Zoning Code

ARTICLE VIII

- ACCESSORY USES

Sec. 74-420. - Authorization.

Certain accessory uses are permitted in any zoning district in connection with any principal use which is permitted.

(Ord. No. 54, art. 5, § 5-101, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-421. - Definition.

Any accessory use is a structure or use which:

  1. Is subordinate to and serves a permitted principal building and permitted principal use;
  2. Is subordinate in area, extent or purpose to the principal building or building served;
  3. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and
  4. Is located on the same lot as the principal building or principal use served.

(Ord. No. 54, art. 5, § 5-102, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-422. - Permitted accessory uses.

Any structure or use that complies with the terms of section 74-421 may be allowed as an accessory use or structure. Accessory structures and uses are included, but not limited to, the following list of examples provided that in each case such structure and use comply with the general definition of accessory use contained in section 74-421.

  1. 1.
    One of each of the following structures (three total structures) is permitted to be constructed behind the rear building line of the principal structure:
    1. a.
      Workshop, storage building, child's playhouse.
    2. b.
      Each individual structure may have a gross square floor area of up to 150 square feet or a gross square floor area up to an amount equal to three percent of the area located behind the rear building line of the principal structure, whichever is greater.
    3. c.
      No one structure shall have a gross floor area greater than 250 square feet.
    4. d.
      Structures shall be limited to a sidewall height of eight feet and shall not exceed 12 feet in height measured from the floor to the highest part of the roof.
  2. 2.
    Detached garage or carport:
    1. a.
      Only one detached garage or carport is permitted.
    2. b.
      A carport shall not exceed a gross square floor area of 800 square feet.
    3. c.
      For a parcel that is 10,000 square feet or smaller, the detached garage building footprint shall not exceed 800 square feet.
    4. d.
      For a parcel that is 10,000 square feet or larger, the detached garage building footprint may be increased by 125 square feet for each complete 1,500 square feet the parcel is over 10,000 square feet. For example, the maximum building footprint of a detached garage on an 11,500 square foot parcel is 925 square feet; for a 12,000 square foot parcel the maximum building footprint of a detached garage is 925 square feet; and for a 13,000 square foot parcel the maximum building footprint of a detached garage is 1,050.
  3. 3.
    A private swimming pool and bath house. Private pools having a depth of two feet or more shall meet the following conditions:
    1. a.
      The pool must be located behind the front building line and not less than ten feet from any rear or side lot line and in case of corner lots, not less than 30 feet from either front lot line.
    2. b.
      Area in which the pool is located shall be entirely enclosed and separated from the adjoining property by a protective fence or other permanent structure at least four feet in height.
    3. c.
      Such protective enclosure shall be provided with locks which shall be locked when the pool is not attended.
    4. d.
      Adequate pool drainage, filtration and chlorinating facilities shall be provided.
  4. 4.
    Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges.
  5. 5.
    Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.
  6. 6.
    Signs, when permitted by Chapter 53.
  7. 7.
    Outside storage of boats, trailers, and recreational vehicles provided they are located behind the front building line and not in the required side yard. Such storage shall be on an appropriate hard surface as required in section 74-535(e).

    Utility trailers that are on an appropriate hard surface, forward of the front building line, attached to an operable passenger vehicle, and have been parked for less than 48 consecutive hours are not in violation of section 74-422(7).

  8. 8.
    Boats, trailers, or recreational vehicles may be stored forward of the front building line on four separate, non-consecutive occurrences during any 30-day period. Each occurrence shall not exceed 72 hours in duration.

    The temporary storage shall meet all of the following conditions:

    1. a.
      The temporary storage occurs in a residential zoning district;
    2. b.
      The boat, trailer, or recreational vehicle shall be on an appropriate hard surface as required in section 74-535(e);
    3. c.
      The boat, trailer, or recreational vehicle is located no closer than ten feet from the back of the street curb;
    4. d.
      The maximum coverage of the boat, trailer, or recreational vehicle is 400 square feet or less; and,
    5. e.
      Only one boat, trailer, or recreational vehicle shall be temporarily stored at any given time.
  9. 9.
    A recreational vehicle may be stored forward of the front building line for an extended period of seven consecutive days. Extended period storage can occur on two separate, non-consecutive occurrences in a calendar year. The extended period storage shall be done in accordance with section 74-422(8)a. through e. The owner of the property on which the storage is to occur shall notify the community development director, or their designee, prior to the start of the extended period storage.
  10. 10.
    In industrial districts only, trailers used to transport materials or equipment off-site in the normal course of business may be parked on the property occupied by such business forward of the front building line but no closer than 15 feet from the street right-of-way line, not in a required side yard or required vision clearance triangle, and on an appropriate hard surface as required in section 74-535(e).
  11. 11.
    Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel or office building.
  12. 12.
    Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building.
  13. 13.
    Satellite dish antennas shall meet the following standards:
    1. a.
      Shall be ground-mounted and shall not exceed 13 feet in height above the grade where it is mounted.
    2. b.
      Any satellite dish antenna shall be located within the rear yard and shall be located a distance inside the property line at least equal to its height.
    3. c.
      All cables and lines serving the satellite dish antenna shall be located underground.
    4. d.
      One per building.
    5. e.
      Not less than 30 feet from right-of-way.
    6. f.
      Antenna shall be screened from neighboring property and streets.
  14. 14.
    Solar collection system when such system complies with the requirements set forth in ARTICLE XI of this chapter, solar collection systems.
  15. 15.
    Accessory dwelling unit (ADU) when located in a residential zoning district.
    1. a.
      An accessory dwelling unit is an accessory structure to a principal single-family dwelling unit on the same lot or parcel. This includes a building or part of a building that provides complete independent living facilities for one family, including a kitchen, living room, bathroom, and bedroom. The accessory dwelling unit can be attached to the principal single-family dwelling or a detached structure on the same lot or parcel as the principal single-family dwelling.
    2. b.
      An ADU may be:
      1. 1.
        Constructed as a new structure; or
      2. 2.
        Constructed as a new, attached structure to the existing principal single-family dwelling; or,
      3. 3.
        Adapted from an existing accessory structure; or
      4. 4.
        Adapted from a portion of the principal single-family dwelling.
    3. c.
      Only one ADU is allowed on a lot or parcel.
    4. d.
      The property owner must occupy the principal single-family dwelling or the ADU.
    5. e.
      Detached ADUs shall be set back at least six feet behind the front building line of the principal single-family dwelling.
    6. f.
      Attached ADUs and the principal single-family dwelling must be separated by a fire wall that meets the building codes adopted by the city.
    7. g.
      Attached ADUs must conform to the principal single-family dwelling setbacks for the applicable zoning district.
    8. h.
      The construction of a new detached accessory dwelling unit must include the necessary dedication of easements for providing separate utility connections to each dwelling unit.
    9. i.
      The ADU design and construction, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal single-family dwelling. The exterior building materials and colors shall be similar to the principal single-family dwelling.
    10. j.
      The ADU cannot exceed a gross floor area of 1,000 square feet or more than 50 percent of the principal single-family dwelling's floor area, whichever is less.
    11. k.
      The ADU shall not have more than two bedrooms.
    12. l.
      The ADU shall not exceed the height of the principal dwelling unit nor shall the height exceed two stories.
    13. m.
      The ADU shall not cause the lot's total impervious (buildings, pavement, asphalt, and/ or similar surfaces) surface coverage to exceed 75 percent.
    14. n.
      The ADU shall meet building code requirements as adopted by the city.
    15. o.
      An attached ADU shall have a separate entrance.
    16. p.
      The ADU shall obtain a separate address.
    17. q.
      The ADU shall provide one off-street parking space with access to a public street via driveway. The ADU and principal single-family dwelling's parking and driveway shall meet the standards established in ARTICLE XII of this chapter. The ADU's parking space may be located in that portion of the principal single-family dwelling's existing driveway that is not located within the street right-of-way.
    18. r.
      For the adaptation of an existing accessory structure(s) to create an accessory dwelling unit, the community development director can approve exceptions to these requirements.

(Ord. No. 54, art. 5, § 5-103, 12-4-1958; Ord. No. 1743 , § 2, 1-11-2016; Ord. No. 1762 , § 5, 3-27-2017; Ord. No. 1880, § 1, 01/13/2025)

Effective on: 1/13/2025

Sec. 74-423. - Prohibited accessory uses.

None of the following shall be permitted as an accessory use:

  1. Outdoor storage or overnight parking in a residential district of any vehicle licensed as a truck, bus or trailer having a manufacturers rating greater than 16 MR. This provision applies to both private property and public rights-of-way.
  2. Outdoor storage, except as specifically permitted in the district regulations.

(Ord. No. 54, art. 5, § 5-103, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-424. - Bulk regulations.

  • a.
    Setbacks
    1. 1.
      Accessory structures shall maintain a minimum seven-foot setback from a rear lot line. When an alley exists, accessory structures shall maintain a minimum ten-foot setback from the rear lot line.
    2. 2.
      Accessory structures shall maintain a minimum seven- foot setback from a side lot line.
    3. 3.
      Accessory structures must be located a minimum of ten feet from any principal structure.
    4. 4.
      Accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line.
    5. 5.
      Accessory structures cannot be located forward of the front building line.
    6. 6.
      For corner lots or other lots with more than one front lot line; accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street on which the principal structure is addressed and its main entrance is located and a minimum of 30 feet from any other front lot line.
    7. 7.
      For corner lots or other lots with more than one front lot line where the principal structure's main entrance does not face the street on which it is addressed; accessory structures, with the exception of an ADU, shall be located a minimum of 60 feet from the front lot line along the street where the principal structure's main entrance is located and a minimum of 30 feet from any other front lot line.
  • b.
    Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.
  • c.
    The maximum gross square floor area of an attached garage shall not exceed the square footage of the habitable space of the principal structure.
  • d.
    The cumulative gross square floor area of all detached structures shall not exceed the square footage of the habitable space of the principal structure.
  • e.
    The design and construction of any garage, whether it be attached or detached, shall be similar to or compatible with the design and construction of the principal structure. The exterior building materials and colors shall be similar to the main building.
  • (Ord. No. 54, art. 5, § 5-104, 12-4-1958; Ord. No. 1178, 10-25-1993; Ord. No. 1762 , § 6, 3-27-2017; Ord. No. 1880, § 2, 01/13/2025)

    Effective on: 1/13/2025

    Sec. 74-425. - Use limitations.

    All accessory buildings, structures and uses shall comply with the use regulations applicable in the zoning district in which they are located, with the following additional use limitations:

    1. No accessory building or structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
    2. No accessory building or structure or use shall be permitted in any required front yard unless it is the permitted obstruction within the meaning of section 74-94.

    (Ord. No. 54, art. 5, § 5-105, 12-4-1958)

    Effective on: 1/1/1901

    Secs. 74-426—74-448. - Reserved.

    Effective on: 1/1/1901