[Zoning Order §8.010, 4-2-2008]
It is this Article's intent to regard certain activities as
being accessory to the main use of the premises so that they may be
carried on under the umbrella of the main use. An activity will be
considered an accessory use or accessory building or accessory structure
when it is conducted in conjunction with the main use and the activity
constitutes only a customarily incidental part of the total activity
that takes place on the property. An accessory use is commonly associated
with the main use and is integrally related to it. Accessory uses,
buildings or structures shall be subject to the same regulations as
applied to principal uses in each district, except as otherwise provided
in these regulations. In no case, shall an accessory use, building
or structure be established on a lot until the principal use has been
established or the use is in conformance with all the regulations
applicable to the zoning district, except as provided in Division
2 of this Article for temporary uses.
[Zoning Order §8.020, 4-2-2008; Ord. No. 11-12-2008A
§§1 — 2(8.020), 11-12-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010;
Ord. No. 17-0158, 2-14-2017]
A.
Definition And Applicability.
1.
In a residential zoning district, an accessory building or structure
is a subordinate building or structure that is attached to or detached
from the principal building and that is not used for commercial purposes
except, as provided herein, for home occupations. The use of mobile
homes, tractor trailers, overseas containers, etc., are prohibited
from being used as accessory buildings except as set forth in this
Section.
2.
In a non-residential zoning district, an accessory building
or structure is a subordinate building or structure, the use of which
is necessary to and supportive of the principal building. In a mixed
use development, separate uses that are located on the same lot shall
not be considered accessory to one another.
3.
Overseas containers may be used as accessory storage buildings in the "RA-5" and "LR-2" zone districts or on a lot of at least five (5) acres in size upon the issuance of a Conditional Use permit by the County Council in accordance with the procedures set forth in Section 400.1140 and 400.3010 and subject to the following conditions:
a.
There must be a principal structure established on the lot and
the lot shall be at least five (5) acres in size; and
b.
The overseas container shall not be located in front of the
principal structure; and
[Ord. No. 20-0406, 9-29-2020]
c.
The overseas container shall be placed on a hard surface; and
d.
The overseas container shall be subject to all State, local,
and Federal permits including a Jefferson County Building permit;
and
e.
The overseas container shall be screened on all sides with the
exception of the entry or access door.
B.
Standards For Accessory Dwelling Units. An example of an accessory building in a residential district is a mother-in-law cottage/guest cottage as permitted in Section 400.1650. A dwelling unit may be allowed as an accessory use to the principal dwelling unit under the following conditions:
1.
Accessory dwelling units may be constructed in a residential
zoning district. This includes both planned and non-planned residential
zoning districts and the "PM" Planned Mixed Use District.
2.
An accessory dwelling unit may be constructed only upon the
issuance of a building permit.
3.
The accessory dwelling unit shall be a permanent structure.
4.
Accessory dwelling units shall be connected to public water
and sewer service where available or have on-site water and sewer
facilities that comply with all County and State regulations.
5.
The accessory dwelling unit may not be sold separately from
the sale of the entire property, including the principal dwelling
unit.
6.
The accessory dwelling unit shall comply with all required building
setbacks for the principal residential use.
7.
A mobile home, as defined in Article II of this UDO, may be an accessory dwelling unit only in the "RA-5" and "LR-2" residential districts.
8.
Sufficient parking shall be provided on-site to accommodate
the separate dwelling unit, other than the driveway for the dwelling
unit.
C.
Standards For Accessory Buildings In Residential Zoning Districts.
Accessory buildings may be allowed in residential zoning districts
pursuant to the following conditions:
1.
Detached accessory buildings shall not be located in front of
the principal building and shall be placed in the rear yard, except
that a detached garage may be located in the side yard, provided it
is not in front of the front setback line, in the "R-20," "R-10,"
"R-7" and "PR-2" zone districts.
2.
The minimum required side setback for the principal building
shall be observed for accessory buildings.
3.
Accessory buildings, which are adjacent to a side street, shall
have a side yard not less than that required for the primary structure.
4.
The maximum height shall not exceed thirty-five (35) feet from
ground level.
5.
Accessory buildings on corner lots may be located in the side
yard but shall be located behind the primary structure, shall not
be located within a front yard setback, and shall be set back at least
fifteen (15) feet from the side property lines.
[Ord. No. 20-0406, 9-29-2020]
D.
Standards For Accessory Structures In Residential Zoning Districts.
Accessory structures may be allowed in residential zoning districts
under the following conditions:
[Ord. No. 20-0406, 9-29-2020; Ord. No. 21-0279, 5-12-2021]
1.
At-grade patios, walkways and driveways may extend to the property
line.
2.
Retaining walls may be located on a property line.
3.
Retaining walls may be located on a property line, provided
they shall not adversely affect drainage or shall not be constructed
in such a way as to create a sight distance hazard. The Director may
order the removal of an improperly located retaining wall at the owner's
expense.
4.
Decks, platforms and gazebos may encroach to no more than fifteen
(15) feet of a rear property line; however, encroachment into a required
side yard is prohibited.
5.
Pools for which a building permit is required must meet a fifteen
(15) foot rear yard setback and required side yard setback, excluding
at-grade patios measured from the outside pool wall.
6.
Pools on corner lots may be located in the side yard but shall
be located behind the primary structure, shall not be located within
a front yard setback, and shall be set back at least fifteen (15)
feet from the side property lines.
