The purpose of this article is to provide for the review and
approval of certain uses that are generally considered to be uses
with a higher potential for incompatibility with adjacent uses. The
individual review of certain uses is intended to determine the appropriateness
of a use in its proposed location and any requirements necessary to
ensure compatibility with adjacent uses. These requirements are intended
to promote the public health, general safety, and neighborhood character
of the immediate neighborhood and the larger community.
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district as noted in the use tables of Articles
IV,
V and
VI. All accessory uses and structures shall be in conformance with this section.
A. General standards. Accessory uses and structures shall:
(1) Not be established or constructed until the primary use or structure
is constructed.
(2) Be clearly incidental and subordinate to the principal structure
or use by height, area, extent, and purpose.
(3) Not be located in any required front yard area.
(4) Be in conformance with the height and setback restrictions of the
applicable zoning district and shall not cause the rate of overall
lot coverage to exceed the maximum rate permitted.
(5) Be finished with materials and/or siding that is consistent and compatible
with the existing character of the principal structure and surrounding
residential neighborhood.
(6) Maintain a separation of at least 10 feet from the principal building,
in the case of a detached structure or use.
(7) Not obstruct, block, or force the enclosure of any structural opening
(windows, doors, etc.), open porch, deck, or terrace, or required
vehicular or pedestrian accessway.
(8) The erection of accessory structures shall require site plan review, as provided for in Article
XVIII of this chapter.
B. Residential accessory uses and structures. The following shall be
considered permissible residential accessory uses or structures for
the purposes of this chapter:
(1) Decks, patios, or terraces.
(2) Residential garages or carports.
(3) Enclosed storage structures, such as sheds.
(4) Fences and walls subject to the provisions of §
190-50 of this chapter.
(5) Playgrounds or playhouses.
(6) Noncommercial nurseries, gardens, or greenhouses.
(7) Animal husbandry, outside of the keeping of domesticated animals
as household pets, provided the following requirements are met:
(a)
All shelters for such animals (bees, livestock, fowl, equine,
etc.) are at least 100 feet from any property line; and
(b)
The disposal of animal wastes is conducted in a manner that
prevents any sanitary concerns or nuisance to adjacent property owners.
(8) Fire escapes or other such structures intended to maintain the health,
safety, and welfare of residents within the dwelling and the general
public.
(9) Ramps, lifts, or other such structures intended to provide an increased
level of accessibility to the structure or use.
(10)
Radio or dish antennas limited to one meter or less in diameter.
(11)
Home solar energy systems or green infrastructure installations,
such as rain barrels, rain gardens, or bioswales.
(12)
Personal or home electric vehicle charging stations.
(13)
Off-street parking areas for two-family or multifamily dwelling
developments.
(14)
Other uses and structures deemed to be similar in nature and
appropriate by the CEO.
C. Nonresidential accessory uses and structures. The following shall
be considered permissible nonresidential accessory uses or structures
for the purposes of this chapter:
(1) Commercial vending machines, screened from adjacent residential property.
(2) Decks, patios, and terraces associated with a permitted outdoor seating
or assembly area.
(3) Garages or carports, and enclosed storage structures, such as sheds.
(4) Fences and walls subject to the provisions of §
190-50 of this chapter.
(5) Playgrounds or playhouses.
(6) Nurseries, gardens, or greenhouses.
(7) Fire escapes or other such structures intended to maintain the health,
safety, and welfare of employees, patrons, and the general public.
(8) Ramps, lifts, or other such structures intended to provide an increased
level of accessibility to the structure or use.
(9) Dish or radio antennas limited to two meters or less in diameter
when screened from public view and adjacent residential property.
(10)
Noncommercial solar energy systems or green infrastructure installations,
such as rain barrels, rain gardens, or bioswales.
(11)
Wind energy conversion systems located in the rear yard.
(12)
Off-street parking and loading areas, including electric vehicle
charging stations.
(14)
Other uses and structures deemed to be similar in nature and
appropriate by the CEO.
In order to protect the residential character of the district
in which it is located, a bed-and-breakfast (B&B) facility shall
be limited by the following criteria:
A. A B&B shall only be permitted in an owner-occupied, single-family
detached dwelling of at least 1,800 square feet. A B&B shall not
be permitted in a nonconforming single-family dwelling.
B. The residential character of the dwelling shall be preserved and
no structural alterations, construction features, or site features
of a nonresidential nature shall be incorporated.
C. No more than two nonresidents of the premises shall be engaged as
an employee of the operation.
D. There shall be a maximum of four guest rooms with no more than two
guest rooms sharing a single bath. There shall be no more than eight
adult guests at any one time.
E. The maximum stay of guests shall be no more than 14 consecutive days.
F. Parking areas may not be located in the front yard. Such parking
shall be screened from adjacent properties and the public right-of-way
to the satisfaction of the ZBA.
G. There shall be no change in the outside appearance of the building
or premises that detracts from the residential character of the residence
or from the residential character of the neighborhood, or other visible
evidence of the conduct of such B&B.
The following requirements shall apply to all drive-through
facilities:
A. Drive-through stacking lanes, service areas, or windows shall not
be located in the front yard.
B. No drive-through facility shall be located on a lot directly adjacent
to or across the road or street from a property used for residential
purposes.
C. A vehicular stacking lane shall be provided on site in a manner that
does not impede on- or off-site traffic movements. The stacking lane
shall be delineated from other internal areas through the use of pavement
markings that are identifiable during all seasons.
D. All stacking and exit lanes shall be designed so that they do not
interfere with off-street parking areas or vehicular and pedestrian
circulation on the site. Such lanes shall be designed to reduce the
impacts of traffic congestion on adjacent property and public streets.
E. Drive-through facilities, including any protective canopies, signage,
stacking lanes, or other associated elements, shall meet the setback
requirements for the property. Such facilities shall be screened as
determined appropriate during site plan review.
F. Drive-through facilities with illuminated elements or amplified audio/visual
systems shall not be located adjacent to residential uses or districts.
G. Only one point of ingress and one point of egress or one point of
combined ingress and egress for a drive-through shall be permitted
per street frontage.
H. All impervious surfaces, including curbing, shall maintain a setback
of at least 10 feet from any property line.
I. Designated pedestrian walkways or sidewalks, delineated by striping,
landscaping, pavers, curbing, or other such material, shall be provided
within the site to facilitate pedestrian movement and shall connect
from the public sidewalk to the building entrance.
J. No more than two signs for use by patrons of the drive-through are
permitted. Such signs shall be located at the rear of the building
and shall each be no more than 30 square feet in area.
K. The applicant may be required to submit a traffic study demonstrating
the impact of traffic generated by the proposed drive-through restaurant
as part of site plan review. No drive-through shall be permitted that
is anticipated to be a significant detriment to the community or to
the local road network. The applicant must demonstrate that the proposed
restaurant use will not alter levels of service or utilize available
traffic capacity to such an extent that it cannot be adequately mitigated
or otherwise create unsafe on-site or off-site traffic conditions.
L. An outdoor seating area may be provided in conjunction with a drive-through
restaurant, which is designated and designed in site plan review.
The purpose of regulating home occupations is to allow home
office or small business development within homes in a residential
neighborhood, while still preserving the value and character of the
existing residential properties. Operation of a home occupation shall
be limited by the following:
A. Permitted home occupations include, but shall not be limited to,
a lawyer, accountant, author, doctor, engineer, dentist, architect,
consultant, realtor, insurance agent/broker, counselor, artist, photographer,
teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson.
B. Prohibited home occupations include those that would generate adverse
impacts to or are incompatible with the existing character of a residential
neighborhood. These uses include, but are not limited to, ambulance
services, animal care services, and vehicle sales or repair.
C. A home occupation shall only be permitted in a single-family dwelling.
D. The home occupation shall be owned and operated by a full-time resident
of the dwelling and shall operate wholly within an enclosed structure.
E. No more than one person not residing in the household may report
to work at the dwelling.
F. A home occupation must be clearly incidental and secondary to the
use of the dwelling and shall be permitted to occupy no more than
30% of the residence.
G. The operation of a home occupation shall in no way change or alter
the residential appearance or character of the premises or neighborhood
in which it is located.
H. There shall be no exterior display or storage of materials, good,
supplies, or equipment related to the operation of the home occupation.
I. No home occupation shall be conducted in such a manner as to produce
noise, dust, vibration, glare, smoke, or smell, electrical, magnetic
or other interference, fire hazard, or any other nuisance not typically
found in a residential neighborhood.
J. Activity involving on-site retail sales is prohibited, except the
sale of items that are clearly incidental to a permitted home occupation.
K. Deliveries to home occupations on residential streets shall be permitted
by two-axle vehicles only.
The following requirements shall apply to outdoor sales and
display areas related to nonresidential uses only:
A. Such display areas shall not exceed 10% of the gross floor area of
the primary structure.
B. Such display areas shall not block automotive traffic, sidewalks,
fire lanes, or other travel lanes. Outdoor display areas may be permitted
along sidewalks within the CB District with site plan review approval.
C. Such display areas shall be allowed adjacent to a principal building
wall and extending to a distance no greater than 15 feet from the
wall.
D. Such display areas shall not be permitted to block windows, entrances
or exits and shall not impair the ability of pedestrians to use the
building.
E. Such display areas are used for the sale of merchandise and not for
storage purposes.
The requirements of this section shall apply to outdoor storage
areas of nonresidential uses only. Outdoor storage areas are not permitted
in residential districts.
A. Such storage areas shall not occupy more than 10% of the lot if located
within a business district.
B. Such storage areas shall be fully screened to ensure the area is
not visible from the public right-of-way and adjacent residential
uses or districts.
C. Such storage areas shall not be allowed in the front yard setback.
D. Contractor material and equipment storage must be a minimum of 200
feet from a residential district.