§ 25-50. Accessory uses.

Accessory uses, including automobile parking areas, customarily incident to the uses permitted in the previous section and located on the same lot therewith, not involving the conduct of a business or industry shall be permitted in accordance with this section.

(a)

Home occupations. The term accessory use shall include customary home occupations.

A "home occupation" is defined as a gainful occupation or profession conducted entirely within a dwelling or in a structure accessory thereto or conducted in connection with a dwelling and carried on by the residents therein; provided, that such occupation or profession is clearly incidental and secondary to the use of the dwelling for residential living purposes.

Home occupations shall be subject to the following regulations and standards: Note: Home occupations must first make application for a license and obtain a permit for said occupation with the code administrator office.

(1)

No article shall be sold or offered for sale on the premises, except such article as is produced on the premises or is provided incidental to the service or profession conducted on the premises;

(2)

There shall be no exterior storage of materials or equipment;

(3)

There shall be no exterior Indication of the home occupation, other than signs, and there shall be no variation from the residential character of the dwelling;

(4)

No heat, glare, noise, vibration, noxious or toxic fumes, odors, vapors, gases or matter shall be produced at any time by any home occupation which can be readily detectable without the use of instruments at any point on the boundaries of the premises;

(5)

The emission of smoke as specified in section 25-26 shall not be exceeded;

(6)

No fissionable or radioactive materials shall be stored or used on the premises;

(7)

Signs in connection with a home occupation shall:

a.

Not be illuminated;

b.

Not extend beyond lot lines;

c.

Not exceed two (2) square feet in area;

(8)

The business shall not have more than one (1) employee on the premises, other than members of the immediate family (family members must reside on the premises);

(9)

Parking. Home occupations shall be required to construct off-street parking (according to the standards outlined in article IV of this Code) to accommodate their customers' needs. If there are customers using the business, then a minimum of two (2) off-street parking spaces (over and beyond the parking that required for the main use) shall be required for each home occupation.

(b)

Swimming pools. An in-ground permanent swimming pool shall be allowed as an accessory use. It shall be located in the rear or side yard. It shall be placed not closer than five (5) feet away from any side or rear lot line. On a corner lot, it shall not be closer than fifteen (15) feet to the side lot line abutting the street. A swimming pool shall be entirely enclosed by buildings, fences or walls not less than four (4) feet in height. Such fences or walls shall be equipped with self-latching gates or doors, the latching device being located not less than four (4) feet above the ground. All lighting of the pool areas shall be so hooded that the light does not shine toward abutting properties.

(c)

Signs. A billboard, signboard or advertising sign shall not be permitted as an accessory use; except, that the placing of an unilluminated "For Sale" sign or "For Rent" sign not more than eight (8) square feet in area shall be permitted as an accessory use; and except, that churches and other institutions may display signs showing names, activities and services therein provided; and during construction of a building, one (1) unilluminated sign showing the names of contractors or architects for such buildings shall be permitted; provided, that such sign shall not be more than twenty (20) feet square in area and shall not be set more than five (5) feet in front of the established or customary building line; and such signs erected during the construction of a building shall be removed immediately upon the completion of the building.

(d)

Garages generally. For any dwelling house there shall be permitted one (1) private garage with space for not more than one (1) motor vehicle for each two thousand (2,000) square feet of lot area; provided, that such garage shall be located not less than three (3) feet from any side lot line nor less than three (3) feet from any alley line; except, than when the rear lot line is common to a side or rear lot line of another lot, such outbuilding shall be located a minimum of three (3) feet from such lot line and in the case of corner lots not less than the distance required for residences from side streets. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building; except, that on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than eighteen (18) feet from the rear lot line and shall not occupy more than thirty (30) percent of the required rear yard. Any garage not attached to the main building must be a minimum of ten (10) feet from the main building, measured at the closest point, not including eaves or overhangs.

(e)

Detached buildings generally. A detached accessory building shall not be allowed in the front yard. A detached accessory building shall not be located less than three (3) feet of [from] any side, rear, or alley lines. A detached accessory building not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty (30) percent of a rear yard. If such building is not more than one (1) story or sixteen (16) feet high, it may occupy forty (40) percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than twelve (12) feet high and six (6) feet wide inside, and which is not an extension of the roof of the main building. Any accessory building not attached to the main building must be a minimum of ten (10) feet from the main building, measured at the closest point, not including eaves or overhangs. No metal sea going container may be used as an accessory building in any residentially zoned property or on any property used only for residential use, unless for a temporary use no longer than thirty (30) days, unless an extension of time is approved by the codes and planning director of the City of Kirksville. For this temporary use, the owner or tenant must have a remodeling or other type permit from the city. Existing containers in place on the date of passage of the ordinance will have one (1) year to be removed from the site.

(f)

Major recreational equipment. For purposes of these regulations, "major recreational equipment" shall be defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and similar uses, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport, enclosed building or behind the nearest portion of a building to a street; provided, that such equipment may be parked anywhere on residential premises for not exceeding twenty-four (24) hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(g)

Parking and storage of unlicensed vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, other than in completely enclosed buildings.

(h)

Private stables. A private stable shall be allowed on a lot having an area of more than twenty thousand (20,000) square feet; provided, that it is located not less than one hundred (100) feet from the front line and not less than thirty (30) feet from any side line or rear lot lines. On such lots there shall not be kept more than one (1) horse, pony, mule or cow or twenty-five (25) fowl for each ten thousand (10,000) square feet of lot area in addition to that area required for the dwelling or main building. No fowl shall be housed nearer than one hundred (100) feet to the front lot line or thirty (30) feet from any side or rear lot line of such lots. Exception: Persons wishing to keep chickens for hobby or egg production for personal use on lots of less than twenty thousand (20,000) square feet, may do so under the following restrictions:

(1)

Lots of less than twenty thousand (20,000) square feet may keep no more than eight (8) chickens.

(2)

No chickens may be kept in a front or side yard area. Chickens may be kept only behind the rear line of a house, the line being parallel to the street frontage.

(3)

Chickens must remain in a coop or chicken wire fenced area, with access to shelter and the area must be kept clean to ensure that odors are not noticeable outside of the property line.

(4)

Chickens may be housed no closer than five (5) feet to a side lot line, and no closer than ten (10) feet to the rear lot line.

(5)

No roosters are allowed.

(i)

Temporary real estate offices. A temporary real estate office shall be permitted and located in developments where the developer is promoting and selling those properties within the development. The office shall be located within a marketable unit.

(j)

Hobby shops. A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided, that such use shall not be obnoxious or offensive, by reason of vibration, noise, odor, dust, smoke or fumes and meet all home occupations provisions as provided by this section.

(k)

Front yards. The following uses shall not be considered obstructions when located in a front yard:

(1)

Arbors or trellises;

(2)

Awnings or canopies;

(3)

Chimneys projecting not more than three (3) feet into and not exceeding two (2) percent of the required front yard;

(4)

Driveways leading to garages or off-street parking spaces located beyond the required front yard;

(5)

Fences or walls not exceeding four (4) feet in height;

(6)

Flagpoles;

(7)

Ornamental light standards not over fifteen (15) feet in height;

(8)

Sidewalks;

(9)

Trees or shrubs.

(Ord. No. 11029, § 8, 4-6-92; Ord. No. 11296, 6-16-97; Ord. No. 11813, 11-6-2007; Ord. No. 12157 , § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)