ACCESSORY USES AND STRUCTURES

Kansas City Zoning and Development Code pt. 300 Series, div. 88-305

in effect

Kansas City Zoning and Development Code § 88-305-01 GENERAL

88-305-01 - GENERAL 88-305-01-A. ACCESSORY USES ALLOWED Accessory uses and structures are permitted in connection with any lawfully established principal use unless otherwise expressly provided in this zoning and development code. Also, unless otherwise expressly stated, accessory uses and structures are subject to the same regulations as the principal use or structure on the subject lot. 88-305-01-B. INCIDENTAL AND SUBORDINATE NATURE The city planning and development director is authorized to determine when a use, building, or structure meets the definition of an accessory use or accessory structure. In order to classify a use or structure as "accessory," the city planning and development director must determine that the use or structure: 1. is subordinate to the principal building or principal use in terms of area, extent, and purpose; 2. contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and 3. is customarily found in association with the subject principal use or building. 88-305-01-C. TIME OF CONSTRUCTION Accessory structures must be constructed in conjunction with or after the principal building. They may not be built prior to the construction of the principal building. 88-305-01-D. LOCATION Accessory uses and structures must be located on the same lot as the principal use to which they are accessory, except as otherwise expressly stated. 88-305-01-E. ACCESSWAYS Driveway providing access to uses in nonresidential districts may not traverse land in R districts.

Kansas City Zoning and Development Code § 88-305-02 LOT AND BUILDING STANDARDS IN RESIDENTIAL DISTRICTS

88-305-02 - LOT AND BUILDING STANDARDS IN RESIDENTIAL DISTRICTS 88-305-02-A. GENERAL The lot and building standards of the base zoning district apply to accessory structures in residential districts unless otherwise expressly stated. 88-305-02-B. SETBACKS AND SEPARATION 1. Accessory buildings and structures are prohibited in front and street side yards (i.e., they may not be closer to the street than the principal building), except for structures that are customarily found in front or street yards, such as flag poles and minor landscape structures. 2. Accessory buildings and structures must be set back at least 1.5 feet from rear property lines, except that garages accessed from an alley and carriage houses are not required to be set back from a rear property line abutting an alley. Structures designed to contain animals must be set back at least 30 feet from rear property lines. 3. Accessory buildings and structures must be set back at least 1.5 feet from interior side property lines, except that buildings and structures designed to contain animals must be set back at least 30 feet from interior property lines. 4. On corner lots, accessory buildings and structures may not be closer to the street than the principal building line in the rear yard or must be set back at least 15 feet, whichever is less, except that accessory buildings and structures are not required to be set back from an interior side property line that abuts an alley. 5. If serving two lots, an accessory building and structure may be built across the side or rear line. Where an alley abuts a side or rear lot line, the garage may be built on the alley line. 6. Accessory buildings must be located no closer than 10 feet to all other accessory and principal buildings on the same lot. 88-305-02-C. HEIGHT Accessory buildings and structures may not exceed 10 feet in height, except that detached garages may be up to 16 feet in height and allowed carriage houses may be up to 28 feet or 2 stories in height. In Districts AG-R and R-80, an accessory building may be up to 35 feet in height. 88-305-02-D. FOOTPRINT AREA The building footprint (ground level building coverage) of an individual, detached accessory building may not exceed 200 square feet, except that: 1. the building footprint of a detached accessory garage may be up to 800 square feet or one square foot of building footprint area for each 10 square feet of lot area, whichever is greater; and 2. the building footprint of a carriage house may be up to 1,500 square feet. 3. in Districts AG-R and R-80, an accessory building may be up to 8,000 square feet. 88-305-02-E. BUILDING COVERAGE The total combined footprint area of all detached accessory buildings and structures may not exceed 40% of the actual rear yard area. (Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013; Ord. No. 150600, § A, 7-23-2015; Ord. No. 160341, § 1, 5-12-2016)

Kansas City Zoning and Development Code § 88-305-03 LOT AND BUILDING STANDARDS IN NONRESIDENTIAL DISTRICTS

88-305-03 - LOT AND BUILDING STANDARDS IN NONRESIDENTIAL DISTRICTS 88-305-03-A. GENERAL The lot and building standards of the base zoning district apply to accessory structures in nonresidential districts unless otherwise expressly stated. 88-305-03-B. SETBACKS The setback standards of the underlying zoning district apply to accessory structures in nonresidential districts except as follows: 1. Accessory buildings and structures are prohibited in front and street side yards (i.e., they may not be closer to the street than the principal building), except for structures that are customarily found in front yards, such as flag poles and minor landscape structures. 2. Accessory buildings and structures on lots abutting R districts must be set back in accordance with the accessory structure setback standards that apply in residential districts (See 88-305-02). 88-305-03-C. SEPARATION Accessory buildings must be separated by a minimum distance of 10 feet from all other accessory and principal buildings. 88-305-03-D. HEIGHT Accessory buildings may not exceed 25 feet in height, or the height of the principal building on the same lot, whichever is less.

Kansas City Zoning and Development Code § 88-305-04 HOME OCCUPATION

88-305-04 - HOME OCCUPATION 88-305-04-A. GENERAL Home occupations are accessory uses to uses in the household living category. The regulations of this section are primarily intended to ensure that home occupations in R zoning districts will not be a detriment to the character and livability of the surrounding residential neighborhood. The regulations are also intended to ensure that the home occupation remains subordinate to the residential use, and that the residential viability of the dwelling is maintained. The regulations also recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood. 88-305-04-B. APPLICABILITY Home occupations are allowed in R districts only if they comply with all of the standards of this section. 88-305-04-C. EXEMPTIONS 1. HOME-BASED DAY CARE Home-based day care facilities are not regulated as home occupations and are exempt from the regulations of this section. 2. BED AND BREAKFAST Bed and breakfast uses are not regulated as home occupations and are exempt from the regulations of this section. 88-305-04-D. STANDARDS A dwelling unit may be used for one or more home occupations subject to compliance with all of the following minimum standards: 1. The home occupation must be accessory and secondary to the use of a dwelling unit for residential purposes, and the home occupation must not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood. 2. All employees must reside in the dwelling unit in which the home occupation is located. 3. No more than two clients shall be present at any time and must be present by appointment only. 4. No separate entrance from the outside of the building may be added to the residential building for the sole use of the home occupation. 5. There may be no internal or external structural alterations or construction, nor the installation of any equipment that would change the residential character of the property upon which the home occupation is located. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, and the addition of commercial-like exterior lighting. 6. The home occupation and all related activities, including storage, must be conducted completely within the dwelling unit. 7. No home occupation may produce or emit any noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, or any other effect that unreasonably interferes with any person's enjoyment of their residence. 8. Hazardous substances are prohibited, except that consumer quantities are allowed. Consumer quantities of hazardous substances are packaged and distributed in a form intended or suitable for sale through retail sales outlets for consumption by individuals for purposes of personal care and household use. 9. One non-illuminated wall sign, not exceeding 80 square inches in area may be displayed. 10. The following uses are expressly prohibited as or in conjunction with home occupations: (a) any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines), large appliances (such as washing machines, dryers, and refrigerators), or any other work related to automobiles and their parts; (b) dispatch centers or other businesses where employees come to the site and are dispatched to other locations; (c) animal grooming, care, or boarding; (d) retail sales. (Ord. No. 130441, § 1, 7-11-2013)

Kansas City Zoning and Development Code § 88-305-05 CARRIAGE HOUSES

88-305-05 - CARRIAGE HOUSES 88-305-05-A. WHERE PERMITTED Carriage houses are allowed only when: 1. they were constructed before March 1, 2005; 2. they are located on property designated as an historic landmark or located in an historic district; and 3. they are located in an R-10, R-7.5, R-6, R-5, or R-2.5 district. 88-305-05-B. MINIMUM LOT AREA 1. In R-10, R-7.5, R-6 and R-5 districts, a carriage house may be maintained or altered only on a lot that contains a minimum area of 12,000 square feet and that contains a principal building used exclusively for the purposes of no more than one dwelling unit. 2. In the R-2.5 district, a carriage house may be maintained or altered only on a lot that contains a minimum area of 22,000 square feet and that contains a principal building used exclusively for the purposes of no more than: (a) one dwelling unit; or (b) two dwelling units provided that one of the units is owner-occupied and further provided that the non-owner-occupied unit is either occupied only by children and/or parents of the owner-occupant, and any spouses of a child or parent. (Ord. No. 170771, § 1, 2-22-2018)

Kansas City Zoning and Development Code § 88-305-06 SATELLITE DISH ANTENNAS

88-305-06 - SATELLITE DISH ANTENNAS 88-305-06-A. Satellite dish antennas less than one meter (39.4 inches) in diameter are permitted as accessory uses in all districts, subject to accessory structure setback requirements. 88-305-06-B. Satellite dish antennas larger than one meter and less than 3 meters (118.2 inches) in diameter, are permitted as accessory uses in all nonresidential districts, subject to accessory structure setback requirements. 88-305-06-C. Satellite dish antennas may be erected on the roof or attached to a principal building, provided the maximum height of the installation does not exceed the maximum allowable height of the subject district or more than 15 feet above the top of the building on which it is to be located, whichever is less. Satellite dish antennas that are mounted on the roof or attached to the building must be located in a manner so as to minimally detract from the architectural character of the building. 88-305-06-D. Satellite dish antennas not allowed under the provisions of this section require special use permit approval. (Ord. No. 151013, § A, 12-10-2015; Ord. No. 160341, § 1, 5-12-2016)

Kansas City Zoning and Development Code § 88-305-07 SWIMMING POOLS

88-305-07 - SWIMMING POOLS Swimming pools are permitted in the side or rear yard only, and must be set back at least 10 feet from side and rear property lines. Swimming pools with a depth of more than 2 feet must be enclosed by a protective fence at least 4 feet in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a responsible person. (Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013)

Kansas City Zoning and Development Code § 88-305-08 RESIDENTIAL SUPPORT SERVICES

88-305-08 - RESIDENTIAL SUPPORT SERVICES 88-305-08-A. Residential support services are allowed in R zoning districts as accessory uses to independent living homes, assisted living homes, retirement homes, convalescent homes, nursing homes, or multi-unit buildings containing more than 50 dwelling units. 88-305-08-B. STANDARDS Residential support services must: 1. be located in the same structure as the principal residential use; 2. occupy, in aggregate, no more than 5,000 square feet or 10% of the floor area of the principal residential use, whichever is less, with no single individual residential support service use occupying more than 2,500 square feet; 3. serve only the occupants, residents, or employees of the principal residential use or their guests; 4. have no exterior signage (interior signage is permitted) on the building; 5. and have no separate external public entrances. (Ord. No. 120783, § 1, 10-4-2012)

Kansas City Zoning and Development Code § 88-305-09 ACCESSORY SOLAR AND WIND ENERGY SYSTEMS

88-305-09 - ACCESSORY SOLAR AND WIND ENERGY SYSTEMS 88-305-09-A. GENERAL 1. Accessory solar and wind energy systems must comply with all applicable building and electrical codes. 2. Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be recorded in the office of the appropriate county recorder of deeds. 88-305-09-B. BUILDING-MOUNTED SOLAR AND WIND ENERGY SYSTEMS 1. Building-mounted solar and wind energy systems are allowed on principal and accessory structures. 2. All applicable setback regulations apply to building-mounted solar and wind energy systems. Systems mounted on principal structures may encroach into interior side and rear setbacks in accordance with 88-820-12. 3. Only building-integrated and/or flush-mounted solar energy systems may be installed on street-facing building elevations. 4. Solar and wind energy systems may not extend more than 3 feet above the applicable maximum height limit for the subject building type or more than 5 feet above the highest point of the roof line, whichever is less. 88-305-09-C. GROUND-MOUNTED SOLAR AND WIND ENERGY SYSTEMS 1. In R zoning districts, ground-mounted solar and wind energy systems may not be located in the front yard or street side yard. 2. Ground-mounted solar and wind energy systems are subject to applicable accessory structure setback, separation and coverage regulations. 3. Ground-mounted solar and wind energy systems are subject to applicable accessory structure height regulations. (Ord. No. 120697, § 1, 8-23-2012; Ord. No. 160341, § 1, 5-12-2016)

Kansas City Zoning and Development Code § 88-305-10 ELECTRIC VEHICLE CHARGING STATIONS

88-305-10 - ELECTRIC VEHICLE CHARGING STATIONS 88-305-10-A. GENERAL 1. Private (restricted-access) EV charging stations are permitted as accessory uses in all zoning districts. 2. Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts. 88-305-10-B. PARKING 1. Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements. 2. Public electric vehicle charging stations must be reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle. 88-305-10-C. EQUIPMENT Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks. 88-305-10-D. USAGE FEES Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station. 88-305-10-E. SIGNAGE 1. Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station. 2. Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. 88-305-10-F. MAINTENANCE Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered. (Ord. No. 120697, § 1, 8-23-2012)

Kansas City Zoning and Development Code § 88-305-11 GEOTHERMAL HEAT EXCHANGE SYSTEMS

88-305-11 - GEOTHERMAL HEAT EXCHANGE SYSTEMS 88-305-11-A. GENERAL Geothermal heat exchange systems are permitted as an accessory use in all zoning districts. 88-305-11-B. LOCATION 1. Geothermal heat exchange systems must be located entirely within the lot lines of the subject property or within appropriate easements. 2. No portion of a geothermal heat exchange system may be located within a stream or stream buffer. 88-305-11-C. INSTALLATION Installation of geothermal heat exchange systems must comply with all applicable building code requirements as well as state laws and codes. (Ord. No. 120697, § 1, 8-23-2012)

Kansas City Zoning and Development Code § 88-305-12 LODGING AND BOARD

88-305-12 - LODGING AND BOARD The furnishing of lodging or board for not more than one individual or two individuals who are related to each other by blood or marriage. No display or sign shall be used to advertise such use. The lodger or boarder must live in common with the household, sharing a common entrance, kitchen facilities, and living areas. However, in no case shall more than five unrelated individuals reside within the dwelling. (Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013; Ord. No. 220398, § 1, 5-19-2022)

Kansas City Zoning and Development Code § 88-305-13 OUTDOOR STORAGE

88-305-13 - OUTDOOR STORAGE 88-305-13-A. WHERE PERMITTED Outdoor storage is allowed as an accessory use in districts, B4 and all M districts. 88-305-13-B. STANDARDS The following provides regulations to locate and operate outdoor storage areas in order to limit the visual and operational impacts on surrounding properties and public right-of-way: 1. IN ALL PERMITTED DISTRICTS a. Outdoor storage areas must be located outside of drive aisles, fire lanes, required parking spaces, and any required setback. b. Outdoor storage must be screened in accordance with the standards of 88-425-09-B. c. Accessory outdoor storage shall not be closer to the right-of-way (excluding alleys) than the principal building. d. The principal use shall be operated from an occupiable building as defined by Chapter 18. e. Accessory outdoor storage areas may not be located adjacent to and within 150 feet of any public parks, boulevards, or parkways. Accessory outdoor storage areas may not be located adjacent to an R or DR district. 2. IN DISTRICT B4 a. Outdoor storage is prohibited in any required setback or within 20 feet of any property line, whichever is greater. b. Areas used for accessory outdoor storage shall be paved with a permanent asphaltic or concrete pavement or pavers. c. Outdoor storage may not cover an area exceeding 50% of the lot area. 3. IN M DISTRICTS a. In M1 outdoor storage may not cover an area exceeding 50% of the lot area. b. Outdoor storage is prohibited in any required setback or within 10 feet of any property line, whichever is greater. c. Gravel is a permitted surface for accessory outdoor storage. Gravel is prohibited within any required setback or within 10 feet of any property or right-of-way line, whichever is greater. Vehicular use areas shall be paved in accordance with 88-420. The following standards shall apply to gravel outdoor storage areas: i. Gravel is not permitted on lot adjacent to an R, B, O or D district, unless such lot is in the floodplain. ii. Gravel is not permitted on any lot or portion of a lot with a slope greater than 4 to 1. iii. The surface of the storage area shall consist of a uniform layer of gravel evenly distributed from edge to edge, and shall be free of bare spots and vegetation. iv. The depth of the gravel layer shall be at least 2 inches. v. The material used for gravel outdoor storage areas shall be rock or crushed stone not more than 2 inches in diameter and shall not contain dirt, sticks, construction debris, or other foreign materials. Sand, rock dust or other similar material less than one-eight inch in diameter is not prohibited, but shall not be included in the measurement of minimum gravel depth. (Ord. No. 170061, § A, 3-23-2017)

Kansas City Zoning and Development Code § 88-305-14 OUTDOOR WORK AREAS

88-305-14 - OUTDOOR WORK AREAS 88-305-14-A. WHERE PERMITTED Outdoor works areas are allowed as an accessory use in districts B4, DC, DX and all M Districts. 88-305-14-B. STANDARDS 1. Outdoor work areas must be located outside of drive aisles, fire lanes, and required parking spaces. 2. Outdoor work areas must be screened in accordance with the standards of 88-425-09-B. 3. Outdoor work areas are prohibited in any required setback or within 20 feet of any property or right-of-way line. 4. Outdoor work areas shall only serve the principal use. (Ord. No. 170061, § A, 3-23-2017)

Kansas City Zoning and Development Code § 88-305-15 ACCESSORY DWELLING UNITS

88-305-15 - ACCESSORY DWELLING UNITS 88-305-15-A. PURPOSE Accessory dwelling units (ADUs) are a household living use that is accessory to and located on the same lot as the permitted principal use. The purpose of this section is to: 1. Meet the changing needs of the community; 2. Provide housing choice while preserving the character of the neighborhood in which it is located; 3. Respond to the changing economy and the necessity for many households to secure additional income; and 4. Reduce the cost of housing by increasing housing density and doing so in a manner: a. That may be more compatible with neighborhoods where detached dwellings predominate; and b. Where the benefits of additional income are distributed throughout the community to the individual landowners and renters. 88-305-15-B. WHERE PERMITTED Accessory dwelling units are permitted on any lot with a detached dwelling where the dwelling is the principal building, subject to certain standards. 88-305-15-C. GENERAL STANDARDS 1. Accessory dwelling units may be attached or detached from the principal dwelling unit. If attached they shall be located in the rear or side yard. If detached they shall be located in the rear yard. 2. The owner of the lot shall reside in either the principal dwelling or accessory dwelling. The owner shall record against the property a deed restriction limiting occupancy of either the principal dwelling unit or the accessory dwelling unit to the owner of the property. Proof that such a restriction has been recorded shall be provided to the Director of City Planning and Development prior to issuance of the Certificate of Occupancy for the accessory dwelling unit. 3. No additional off-street parking is required. Any proposed parking shall conform to 88-420. 4. Detached accessory dwelling units may be located in or attached to the same building as a garage. In such cases, the floor area limitations of each shall be applied cumulatively. 5. When attached, the accessory dwelling unit may have its own exterior entrance or shared entrance with a common vestibule. 6. If attached to the principal dwelling, the lot and building standards for the principal building shall apply. 7. If detached from the principal dwelling, it shall be located in the rear yard, and the lot and building standards shall be as follows: a. Maximum height shall not exceed the height of the principal building or 25 feet, whichever is less. b. Setbacks shall be five feet from all property lines including projections; except on street side yards where it shall be five feet including projections or the same as the principal building, whichever is greater. c. Maximum footprint of the ADU: 60% of the footprint of the principal dwelling or 25% of the rear yard, whichever is smaller. In no case shall the footprint exceed 800 square feet. d. Maximum floor area: 800 square feet or 90% of the floor area of the principal dwelling, whichever is smaller. e. All other setbacks shall be those that apply to all accessory structures. f. The total footprint area of all detached accessory buildings and structures shall not exceed the provisions 88-305-02-E. 8. Exterior stairs to provide access to an upper level accessory dwelling unit are allowed only on sides of the building facing the interior of the lot. 9. If an accessory dwelling unit was legally permitted prior to the passage date of this ordinance and the owner can provide documentary evidence to the satisfaction of the director of city planning and development of such use, the use may continue upon obtaining a new certificate of occupancy. (Ord. No. 220698, § 1, 9-15-2022; Ord. No. 230552, § 1, 6-28-2023)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/zoning_and_development_code?nodeId=ZODECOKAMI_300_SERIESUSRE_88-305ACUSSTFetched: 10/28/2026