(See § 300-164.) Accessory uses in accessory structures, which are customarily incidental to permitted uses, shall be permitted by the Zoning Officer in any zoning district, provided:
A.
The principal use is permitted in the district in question; and the
accessory building or structure shall be located within the buildable
area of the lot unless otherwise specified by provisions of this chapter.
(1)
No accessory building in any zoning district shall be permitted in
a required front or side yard.
(2)
No accessory building to be constructed in a required rear yard shall
exceed 18 feet in height.
[Amended 8-11-2003 by Ord. No. 4-2003]
(3)
No accessory building to be constructed in a required rear yard shall
be closer than five feet to any property line, and on corner lots
nearer a street lot line no closer than the minimum depth of any front
yard required along such street.
(4)
No accessory building to be constructed in a required rear yard shall occupy more than 25% of the area of a required rear yard. A permanent accessory building or structure shall not be constructed on any lot prior to the time of construction of the principal buildings to which it is accessory. The accessory building, structure or use shall conform to the definitions in Article XIX and the regulations listed in §§ 300-97 and 300-146 when appropriate.
Temporary structures incidental to development or the erection
of structures, or the temporary use of a building in a housing development
as a real estate sales office or demonstration unit, shall be permitted
by the Zoning Officer in any zoning district, provided:
All accessory uses shall be permitted only under the same ownership
and on the same zoning lot as the principal use which may be a special
exception and when all restrictions are met. No accessory use shall
be considered or permitted when the principal use is itself a nonconforming
use.
A.
Accessory use as a principal use. The Zoning Hearing Board may consider an accessory use as a principal use for the owner of a dwelling on another zoning lot; however, this exception shall in no way be construed or used to permit home occupations, accessory businesses or signs, excepting signs as noted in § 300-35, as principal uses either directly or indirectly. Specifically, an existing or new integral or minor garage cannot be used for the above uses by virtue of the construction or renting of another garage or space. (See § 300-35.)
B.
Principal uses permissible as accessory uses. Community parking,
farming, general gardening, greenhouses and horticultural nursery,
ice sales, and storage, nursery stocking, private swimming clubs,
public reservation, recreation areas, reforestation, restaurant in
conjunction with a recreation area, single-family dwelling and tree
growing may be permitted.
A home occupation, including small home appliance repair, insurance
sales, art studios, seamstress, dressmaking, teaching with musical
instruction limited to one pupil at a time, beauty or barber shop,
or the professional office of physician, writer, teacher, dentist,
lawyer, realtor, engineer, architect or accountant, shall be permitted
in all residential zones (except beauty or barber shops shall be limited
to R-3 only) if the occupations comply with the following requirements:
A.
The home occupation shall be carried on by members of the family
residing in the dwelling unit.
B.
The home occupation shall be carried on wholly within the principal
or accessory structures, and shall not occupy a space greater than
25% of the ground floor area.
C.
Exterior displays or signs other than those permitted under Article XIV, exterior storage of materials, exterior indication of the home occupation, or variation from the residential character of the principal structure shall not be permitted.
D.
Objectionable noise, vibration, smoke, dust, odors, heat or glare
shall not be produced. Liquid waste and refuse shall be controlled
in approved manner.
E.
Articles not produced on the premises shall not be sold on the premises.
G.
There shall not be involved the keeping of a stock-in-trade in connection
therewith. No mechanical equipment shall be used, other than normal
household equipment, and no commodity shall be sold. Dancing instruction,
band instrument instruction in groups, tea rooms, tourist homes, convalescent
homes, mortuary establishments and stores, trades or businesses of
any kind not herein excepted shall not be deemed home occupations.
(See Article XVIII.) Community garages or uses of land for a community parking area for parking of noncommercial vehicles by residents of a neighborhood, on a lot having a buildable area of not less than 350 square feet for each vehicle stored, shall be permitted, provided the Zoning Hearing Board determines that such use is reasonably necessary in the particular neighborhood to facilitate the provision of automobile parking space as required by this chapter in § 300-91; and provided:
A.
The maximum height of such structures shall be 15 feet, not exceeding
one story.
B.
The maximum yard requirements of the zoning district where a community
parking garage is to be located shall be applied.
C.
On a lot less than 110 feet in depth, front and rear yards may be
reduced to not less than 15 feet, provided each is no less than the
depth of front and rear yards on adjoining lots.
D.
On a corner lot less than 65 feet in width, the side yard abutting
the street may be reduced to not less than 15 feet, provided such
yard width is no less than the width or depth of the yard on the adjacent
lot. On an interior lot less than 70 feet in width, side yard widths
may be reduced to not less than eight feet, provided each is at least
27% of the lot width.
F.
Other reasonable conditions are established to protect the amenities
of surrounding properties, as determined in each instance by the Board.
G.
A community parking garage or area shall serve specific uses, structures
and lots of which shall in turn determine the intermediate area served.
H.
In lieu of on-lot parking, required parking may be provided for one-,
two- and multifamily dwellings in a community parking area or community
garage within 300 feet of a structure; and for churches, auditoriums
or meeting rooms, stadiums, theaters or other places of assembly in
a garage or parking area within 500 feet of the structure, provided
that certification is made to the officer issuing the building permit
that the required number of spaces is available for the structure
during the peak hours of the use of the structure.
I.
Every parcel of land hereafter used as a parking area (other than
an accessory use on the same zoning lot with a main, one-family dwelling
use) or as an automobile sales area, shall be paved and maintained
with an all-weather, cohesive, dust-free surface sufficient to carry
the imposed load; shall have appropriate bumper guards where needed,
and shall be enclosed with an ornamental fence or wall or compact
evergreen hedge having a height not less than three feet and not more
than 6 1/2 feet erected within the buildable area of the lot.
Required yards shall be landscaped and properly maintained in accordance
with provisions of this chapter.
J.
A community garage or the use of land for a community parking area
for parking of noncommercial vehicles for residents of the neighborhood,
or when within 1,000 feet of property in a C-2 District to serve uses
permitted in such zoning district, is permitted on a lot having a
buildable area of not less than 350 square feet for each vehicle stored;
provided, the prescribed yard, lot width and height requirements are
met; and provided further that the Zoning Hearing Board determines
that such use is necessary in the particular neighborhood to facilitate
the provision of automobile parking space as required by this chapter,
and that reasonable safety provisions are established.[1]
K.
A one-family dwelling on a zoning lot is permitted without the required
automobile parking space when the Board is satisfied that physical
conditions make it impossible to provide parking space on such zoning
lot, provided community parking is used.
A.
Rear dwellings. A building in the rear of a principal structure and
on the same lot shall not be used in whole or in part as a dwelling
unless classified as nonconforming and in existence prior to this
chapter.
B.
Private garages. The construction of a private detached garage or
private parking area (detached carport) shall be permitted within
a required rear yard in the S, R-1 or R-2 District and for townhouse
structures in the R-3 District, provided:
(1)
The detached building or structure shall not be closer to a
side lot line than five feet.
(2)
The detached building or structure shall not be closer to a
rear lot line than 10 feet.
(3)
No detached building or structure shall exceed 900 square feet
and exceed 18 feet in height.
(4)
Detached carports shall be considered private garages and shall not extend into any required side or front yard and may be located in rear yards only in accordance with the preceding regulations governing the location of private garages in rear yards. (See § 300-128D.)
(5)
If the detached building or structure occupies a portion of
the rear as well as a portion of the buildable area of the lot designated
for the principal structure, or is totally within the buildable area,
the size of the detached building or structure shall be limited to
the same requirements as if located entirely within the required rear
yard.
(6)
These above provisions do not apply to planned residential developments.
C.
Detached accessory buildings (utility sheds.) Detached accessory
buildings or utility sheds other than private garages may be located
in the rear yard of the principal building, provided they are located
five feet from any side and/or rear property. Accessory buildings
(utility sheds) shall be permitted without a building permit if they
meet above requirements and do not exceed 200 square feet in size
and 12 feet in height to any peak. Any accessory structure larger
in size than 200 square feet shall require a building permit prior
to placement or construction.
