§ 17-9-0200

Accessory uses, buildings and structures

17-9-0201 General.

17-9-0201-A Unless otherwise expressly stated in this Zoning Ordinance, accessory uses , buildings and structures are permitted in conjunction with allowed principal uses .

17-9-0201-B The Zoning Administrator is authorized to determine when a use, building or structure meets the definition of an accessory use , accessory building or accessory structures . In order to classify a use, building or structure as “accessory”, the Zoning Administrator must determine that the use, building 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 located on the same zoning lot as the principal building or principal use served, with the single exception of accessory off-street parking facilities that are permitted to locate elsewhere than on the same zoning lot with the building or use served.

17-9-0201-C An accessory building or structure may not be constructed on any lot before the construction of the principal building to which it is accessory.

17-9-0201-D No accessory building may occupy more than 60% of the area of a required rear setback , except:

1. That an accessory garage building on a lot with a width of 25 feet or less may have an area of up to 480 square feet; and

2. That the 60% coverage limit does not apply to accessory garage buildings in the RM5 thru RM6.5 districts, when the garage is designed to provide an enclosed facility for required off-street parking.

3. That accessory community garden buildings such as sheds, greenhouses, hoophouses or farm stands may have an area of up to 575 square feet.

17-9-0201-E No accessory building or structure located in a required rear setback may exceed 15 feet in height. (See Sec.

17-17-0311 for measurement of height).

17-9-0202 Home Occupations.

17-9-0202-A General. Home occupations are accessory uses to uses in the household living category. The regulations of this section are intended to ensure that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations are 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 recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood.

17-9-0202-B Applicability. Uses are allowed as home occupations only if they comply with all of the standards of this section.

17-9-0202-C 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. No more than one non-resident employee is allowed in conjunction with a home occupation . All other employees must reside in the dwelling unit in which the home occupation is located. No more than two patrons or clients may be present in the dwelling unit at any one time, and no more than 10 clients or patrons may be present in the dwelling unit during any 24-hour period.

3. No separate entrance from the outside of the building may be added to the residential building for the sole use of the home occupation .

4. The home occupation may not display or create any external evidence of the operation of the home occupation .

5. There may be no internal or external structural alterations or construction, either permanent or accessory, to the dwelling unit , nor the installation of any equipment which would change the residential character of the dwelling unit or residential building .

6. The home occupation and all related activities, including storage, must be conducted completely within the dwelling unit and may not be operated from an accessory structure or garage.

7. The total floor area of any home occupation may not occupy more than 10% of the floor area of any detached house or 15% of the floor area of any other type of dwelling unit ; provided, however, that in no instance may one or more home occupations in any single dwelling unit permanently occupy more than 300 square feet of the dwelling unit .

8. No direct sale of any product on display shelves or racks is permitted.

9. Bulk deliveries related to a home occupation are limited to one per day (in addition to United States mail service, Federal Express, U.P.S. and messenger services) and may only occur between the hours of 8:00 a.m. and 5:00 p.m. No delivery via tractor trailer is permitted.

10. 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.

11. The following uses are expressly prohibited as home occupations :

a.

any repair of motorized vehicles, including the painting or repair of automobiles, trucks, trailers, boats, and lawn equipment;

b.

animal hospitals;

c.

kennels;

d.

stables;

e.

bird keeping facilities;

f.

barber shops or beauty parlors;

g.

dancing schools;

h.

restaurants;

i.

massage therapy;

j.

catering/food preparation businesses or shared kitchens;

k.

funeral chapels or homes;

l.

crematoria;

m.

mausoleums ;

n.

medical or dental clinics;

o.

any facility where products are manufactured, produced or assembled when the home occupation licensee is not the retail point of sale for such products;

p.

public places of amusement;

q.

the sale of firearms or ammunition;

r.

caterers;

s.

construction businesses or landscaping businesses that provide the storage of goods and materials to be utilized in the operation of the business or use;

t.

warehousing; and

u.

welding or machine shops.

17-9-0203 Satellite Dish Antennas.

17-9-0203-A Satellite dish antennas up to one meter in diameter are permitted as accessory uses in all zoning districts.  Subject to 47 C.F.R. 1.4000, as amended, and other applicable law, and subject to lawful restrictions on the use of common areas, all satellite dish antennas up to one meter in diameter shall be installed and maintained as set forth in paragraphs (1) through (3) below:

1.

All satellite dish antennas shall be placed in locations that are not visible from any street adjacent to the property on which such equipment is located. Pursuant to this paragraph (1), no satellite dish antenna may be installed or placed between the facade of a building and any street adjacent to the subject property, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the user.  If compliance with this paragraph (1) is not technically feasible (i.e., compliance would result in a material delay or reduction in signal reception or significant additional cost to the user), the television access provider or installer shall provide the user of the equipment with a signed statement certifying that the satellite dish antenna cannot be installed in compliance with Section

17-9-0203-A(1) based on actual testing conducted at the property.  A copy of the certification form shall be provided to the user, and a copy shall be maintained at the office of the installer or provider.

2.

If compliance with paragraph (1) is not technically feasible, and the television access provider or installer has issued a certification in accordance with paragraph (1), satellite dish antennas may be placed in locations that are minimally visible from any street adjacent to the subject property.  For purposes of this paragraph (2), compliance with the “minimally visible” standard shall mean that the satellite dish antenna is (a) shielded from view from adjacent streets to the greatest extent possible by landscaping, lattice, fencing or structural or architectural elements of the building on which the satellite dish antenna is located (e.g., a balcony, bay window, chimney, dormer or parapet), and (b) if side-mounted, attached to a building wall facing the subject property’s interior side property line and set back a minimum of ten feet from any building wall facing an adjacent street.

3.

All satellite dish antennas and associated mounting equipment and hardware shall be disconnected and removed when such devices are no longer in service.

17-9-0203-B Satellite dish antennas over one meter in diameter, up to 3 meters in diameter, are a permitted as accessory uses in all B, C, D, M and special purpose zoning districts, subject to the following standards:

1. Roof-mounted, pole-mounted antennas may be erected on the roof or attached to a principal building , provided the maximum height of the installation does not exceed 16 feet in height above the building on which it is to be located.

2. Ground-mounted satellite dish antennas must comply with all setback requirements of the zoning district in which it is to be located.

3. A building permit is required for each satellite dish antenna installation.

17-9-0203-C Any satellite dish antenna not expressly permitted by paragraphs 17-9-0203-A or

17-9-0203-B requires special use approval in accordance with Sec. 17-13-0900" destination-id="JD_17-13-0900">17-13-0900.

17-9-0203-D  No satellite dish or accessory structure or any portion thereof, including but not limited to, any associated mounting equipment, hardware or wiring, shall be located on or attached to any rooftop gravity tank or rooftop gravity tank supporting structure.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 5-4-11, p. 117699, § 9; Amend Coun. J. 9-8-11, p. 7541, § 7; Amend Coun. J. 3-14-12, p. 23152, § 1; Amend Coun. J. 7-30-14, p. 86203, § 18)

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