Olivette City Zoning Code
ARTICLE XVI
Accessory Structures and Uses
Section 400.1590 Accessory Structures.
[Ord. No. 2650, 1-8-2019[1]]
A.
Intent And Purpose. The intent and purpose of this Article is to establish community standards governing accessory structures and uses so as to:
1.
Complement the standards of the City's zoning districts, Olivette Residential Redevelopment and Design Guidelines, Stormwater Management, and Community Design Regulations;
2.
Establish reasonable dimensional and bulk standards to preserve light, air, and open space;
3.
Address the impact of stormwater generated on the site grounds and on adjacent properties; and
4.
Ensure that the development of land in the City of Olivette occurs in a manner that protects, provides for and promotes public health, safety, convenience, comfort and general welfare of the residents of Olivette.
B.
Review Procedure. Applicability for accessory structures.
[Ord. No. 2737, 1-25-2022]
1.
Unless otherwise noted, all flatwork, pools, and structures sixty (60) square feet or greater require building permits.
2.
Accessory structures defined as buildings that are greater than one hundred twenty (120) square feet will be reviewed by staff for conformance to the Olivette Residential Redevelopment and Design Guidelines.
3.
For purposes of determining the total square footage of all accessory structures under Section 400.1592, only fifty percent (50%) of the pool footprint square footage shall be considered towards the total square footage of the combined area of all accessory structures on a lot.
4.
Accessory structures in which the combined lot coverage is increased by four hundred (400) square feet or more, but less than one thousand two hundred (1,200) square feet shall incorporate a stormwater best management practice as noted under Section 422.060 to minimize the stormwater impact generated by the proposed improvements.
5.
Accessory structures in which the impervious area is increased one thousand two hundred (1,200) square feet or more must provide on-site detention in a volume designed to accommodate the proposed impervious area based on a 15-year, 20-minute rain event.
6.
Review by the Planning and Community Design Commission is required for those items that exceed the parameters noted below, that do not fully comply with the above-stated stormwater management BMP or with the Olivette Residential Redevelopment and Design Guidelines.
Section 400.1592 Permitted Accessory Structures In Residentially Zoned Districts.
[Ord. No. 2650, 1-8-2019]
A.
Residential. Accessory structures in a residentially zoned district ("SR," "AR," "PASF," and "PRO") are limited to the following:
1.
In no case shall the total square footage of the combined area of all accessory structures on a lot may exceed ten percent (10%) of the total lot area.
2.
Accessory improvements increasing the impervious surface area four hundred (400) square feet or greater must incorporate a stormwater best management practice as noted under Section 400.060 to minimize the stormwater impact generated by the proposed improvement.
B.
Residential. Accessory structures in a residentially zoned district are limited to the following:
1.
Flatwork, patios, hardscaped pool decking, paver patios, etc.
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a.
Number: Not limited.
b.
Area:
(1)
The total square footage of the combined area of all flatwork on a lot may not exceed the greater of five percent (5%) of the lot area or five hundred (500) square feet.
c.
Height: Not to exceed two (2) feet above ground.
d.
Setback:
(1)
Front yard: Located behind the front yard setback.
(2)
Side yard:
(a)
Pedestrian walkways and pathways limited to no more than four (4) feet in width maybe located within the established minimum side yard setback of the underlying zoning district so long as no point of the walkway or pathway is closer than five (5) feet to the side property line.
(b)
All other flatwork shall not extend into the established minimum side yard setback of the underlying zoning district.
(3)
Rear yard: Five (5) feet from rear lot line if area is equal to or less than one hundred twenty (120) square feet. If greater than one hundred twenty (120) square feet, then ten (10) feet from rear lot line.
2.
Decks.
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a.
Number: Not limited.
b.
Area:
(1)
Five hundred (500) square feet maximum on lots less than ten thousand (10,000) square feet.
(2)
Six hundred (600) square feet maximum on lots ten thousand (10,000) to twenty thousand (20,000) square feet.
(3)
Seven hundred (700) square feet maximum on lots greater than twenty thousand (20,000) square feet.
c.
Height: Deck floor not to exceed four (4) feet above ground.
d.
Setback:
(1)
Front yard: Located behind the front yard setback.
(2)
Side yard: Not to extend into the side yard setback of the lot.
(3)
Rear yard: Decks attached to the home are not to extend into the rear yard setback. Decks one hundred twenty (120) square feet or less not attached to the home must remain five (5) feet from rear lot line. All other decks must remain ten (10) feet from the rear lot line.
3.
Sheds.
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a.
Number: One (1) per lot.
b.
Area: Not to exceed one hundred twenty (120) square feet.
c.
Height: Not to exceed twelve (12) feet.
e.
Exterior finish: Materials shall be compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
4.
Detached garages and enclosed accessory structures.
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a.
Number: One (1) per lot.
b.
Area:
(1)
Five hundred (500) square feet maximum on lots less than ten thousand (10,000) square feet.
(2)
Six hundred (600) square feet maximum on lots ten thousand (10,000) to twenty thousand (20,000) square feet.
(3)
Seven hundred (700) square feet maximum on lots greater than twenty thousand (20,000) square feet.
c.
Height: Not to exceed the residential building height of the principal structure on the lot grounds, and not to exceed fifteen (15) feet.
d.
Setback:
(1)
Front yard: Located behind the front yard setback of the lot.
(2)
Side yard: No further than five (5) feet beyond the principal structure, may not extend into the side yard setback of the lot.
(3)
Rear yard: Ten (10) feet from rear lot line.
(4)
Principal building setback: Garage shall remain five (5) feet from other structures greater than one hundred twenty (120) square feet.
e.
Exterior finish: Materials shall be compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
5.
Open accessory structures, including but not limited to gazebos, pergolas, etc.
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a.
Number: Not limited.
b.
Area:
(1)
Five hundred (500) square feet maximum on lots less than ten thousand (10,000) square feet.
(2)
Six hundred (600) square feet maximum on lots ten thousand (10,000) to twenty thousand (20,000) square feet.
(3)
Seven hundred (700) square feet maximum on lots greater than twenty thousand (20,000) square feet.
c.
Height: Not to exceed the residential building height of the principal structure on the lot grounds, and not to exceed fifteen (15) feet.
d.
Setback:
(1)
Front yard: Located behind the front yard setback.
(2)
Side yard: Five (5) feet if area is equal to or less than one hundred twenty (120) square feet. If greater than one hundred twenty (120) square feet then no further than five (5) feet beyond the principal structure, may not extend into the side yard setback of the lot.
(3)
Rear yard: Five (5) feet if area is equal to or less than one hundred twenty (120) square feet. If greater than one hundred twenty (120) square feet, then ten (10) feet.
e.
Exterior finish: Materials shall be compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
6.
Pools.
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a.
Number: One (1) per lot.
b.
Area:
[Ord. No. 2737, 1-25-2022]
(1)
Six hundred (600) square feet maximum on lots less than ten thousand (10,000) square feet.
(2)
Eight hundred (800) square feet maximum on lots ten thousand (10,000) to twenty thousand (20,000) square feet.
(3)
One thousand (1,000) square feet maximum on lots greater than twenty thousand (20,000) square feet.
c.
Height: Not to exceed four (4) feet above ground.
7.
Accessory pool structures, including cabanas, changing houses and equipment storage.
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a.
Number: One (1) per lot.
b.
Area: Not to exceed one hundred twenty (120) square feet.
c.
Height: Not to exceed twelve (12) feet.
e.
Exterior finish: Materials shall be compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
8.
9.
Play Structures.
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a.
Number: Not limited.
b.
Area: Not to exceed two hundred fifty (250) square feet.
c.
Height: Not to exceed twelve (12) feet.
e.
Exterior finish: Materials shall be compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
10.
Animal Shelters.
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11.
Animal Fences.
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a.
Number: One (1) per lot.
b.
Area: Not to exceed one hundred twenty (120) square feet.
c.
Height: Not to exceed six (6) feet.
e.
Exterior Finish: Materials shall be compatible with the character of the residence located on the lot and in keeping with the general character of the surrounding neighborhood.
D.
Variation Behind The Footprint Of The Principal Structure. Through site plan review in accordance with Article XI and Community Design Review in accordance with Chapter 425, the Commission may consider variations from the placement of an accessory structure behind the footprint of the principal structure, if the Commission finds the following:
1.
Conditions of the property grounds, whether it be shape, area, narrowness, or topography, prohibit reasonable placement in conformance with the setbacks noted.
2.
The accessory structure incorporates design features and elements to mitigate the diminished setback requirements.
3.
The variation would be consistent with the purpose and intent of the underlying zoning district and further the goals and objectives of this Article.
4.
The variation would not adversely impact the health, safety, or welfare of the lot occupants or neighboring property owners.
Section 400.1594 Permitted Accessory Structures In Non-Residentially Zoned Districts.
[Ord. No. 2650, 1-8-2019]
A.
Permitted Structures In Non-Residential Districts:
1.
Accessory structures in a zoning district not considered residential shall comply with the bulk and use regulations applicable to the district in which they are located.
B.
Setbacks In Non-Residential Zoned Districts.
1.
Front Yard Setback. Unless otherwise noted, accessory structures shall be located behind the front yard as established in the underlying zoning district.
2.
Side Yard Setback.
a.
Accessory structures consisting of one hundred twenty (120) square feet or less shall be set back at least five (5) feet from a side lot line.
b.
Unless otherwise noted, accessory structures consisting of more than one hundred twenty (120) square feet may not be located within the side yard established by the underlying zoning district.
3.
Rear Yard Setback.
4.
Principal Building. No part of any accessory structure shall be located closer than five (5) feet to any principal structure or other accessory structure.
Section 400.1596 Accessory Uses.
[Ord. No. 2650, 1-8-2019]
A.
All use limitations applicable in the zoning district in which they are located and with the following additional use limitations:
1.
Home occupations, provided that the Building Official finds:
a.
The home occupation does not occupy more than twenty-five percent (25%) of the total floor area of the dwelling on the premises;
b.
No inventory or stock in trade are delivered to, stored or sold on or from the premises;
c.
No materials or equipment are displayed or stored outdoors in connection with the home occupation;
d.
No alteration is made to the exterior of the premises that would indicate the presence of the home occupation other than installation of one (1) nameplate not greater than one (1) square foot in area;
e.
No commercial or delivery vehicles used in connection with the home occupation are parked at, stored on or visit the premises with any frequency, provided one (1) such vehicle may be parked overnight on the property in an enclosed garage;
f.
No steady or concentrated visitation of clients to the premises results from the conduct of the home occupation and in the case of home occupations involving teaching or other type of instruction, the same shall be limited to one (1) pupil at a time except for occasional seminar groups;
g.
No noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other nuisance results from the conduct of the home occupation;
h.
Any contracting or service business, including, but not limited to, painting, decorating, landscaping, carpentry, plumbing, electrical or plastering contractors, which operates from a home and which otherwise meets the requirements of this Section, shall only be permitted subject to the following additional requirements:
(1)
No employees, other than persons legally residing on the premises and one (1) non-related person residing elsewhere, shall report to work at or near the premises;
(2)
Not more than one (1) truck shall be parked on the property and then only in an enclosed garage; and
(3)
No contracting equipment or materials used in the home occupation shall be stored on the premises, except in a truck used for transporting said equipment or materials between jobs and no loading or unloading shall be done at the premises;
i.
No other applicable provision of the zoning ordinance or other City ordinance is violated by the conduct of the home occupation.
Section 400.1600 Use Limitations.
[Ord. No. 2650, 1-8-2019]
A.
All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located and with the following additional use limitations:
1.
No accessory 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.