Subject to the limitations of this article, accessory structures
and uses are permitted in any zoning district in connection with any
principal use lawfully existing within such district.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE OR USE
A structure or use that:
A.
Is subordinate in area, extent, and purpose to, and serves,
a principal structure or use;
B.
Is customarily found as incidental to such principal structure
or use;
C.
Contributes to the comfort, convenience, or necessity of those
occupying, working at, or being served by such principal structure
or use;
D.
Is, except as otherwise expressly authorized by the provisions
of this chapter, located on the same zoning lot as the principal structure
or use; and
E.
Is under the same ownership and control as such principal structure
or use.
When required by §
22-107 of this chapter, a zoning permit shall be obtained before any accessory use or structure is established or constructed.
[Amended 6-12-2000]
Except as otherwise expressly permitted by this chapter, outdoor
storage shall not be allowed as an accessory use. Accessory storage
structures, other than garages, shall not exceed 120 square feet in
gross floor area if accessory to a residential use. Accessory storage
structures shall not exceed 10% of either the floor area or the volume
of the principal use if accessory to any permitted use by right in
a commercial district or 30% of either the floor area or the volume
of a principal use permitted by right in an industrial district.
Residential recreational facilities shall be limited to use
by the occupants of the principal residential use and their guests
and shall allow lighting not illuminating adjacent properties. Driveways
shall be exempt from buffer zone requirements.
Firewood may be stored on any lot but not for sale and only
in rear yards in amounts not to exceed the occupants' need for two
heating seasons.
The following standards and regulations shall apply to the storage
of vehicles in parking lots and parking areas on a lot in a residential
or a business district:
A. "Storage" defined. For purposes of this section, the term "storage"
shall mean the parking of a vehicle for a continuous period of longer
than seven days.
B. Classification of vehicles. For purposes of this chapter, vehicles
shall be classified as follows, according to size, regardless of the
use to which the vehicle is put or intended or designed to serve and
regardless of any other classification system made applicable to vehicles
by any other governmental body:
(1) Class I vehicle: a vehicle, other than a recreation vehicle, that
does not exceed 20 feet in length, seven feet in width and eight feet
in height.
(2) Class II vehicle: a vehicle that is not a Class I vehicle and that
does not exceed 23 feet in length and that does not exceed 12,000
pounds in gross weight.
(3) Class III vehicle: a vehicle that is neither a Class I vehicle nor
a Class II vehicle.
C. Storage of vehicles in garages. Any number of Class I, Class II,
or Class III vehicles may be stored in a garage in a residential district,
provided that said garage complies with all applicable provisions
of this chapter and provided further that Class III vehicles shall
be stored only in a completely enclosed garage.
D. Storage of vehicles in parking lots. Any number of Class I or Class II vehicles may be stored in lawfully existing parking lots in any multiple-family residential district (or any such lot approved as part of a planned unit development); provided, however, that no vehicle shall be stored so as to reduce the availability of off-street parking spaces below the minimum number of spaces required pursuant to Article
VI of this chapter. No Class III vehicle shall be stored in any parking lot in a residential district.
E. Storage of vehicles in parking areas.
(1) Maximum number permitted. The maximum number of vehicles permitted
to be stored in all parking areas on any lot in a single-family residential
district at any one time shall be as follows:
(d)
Class III vehicles: none.
(2) Location on lot. Vehicles may be stored in parking areas only in compliance with the provisions of Subsection
F below and only in the following locations on a lot in a residential district:
(a)
Class I vehicle: anywhere on the lot, including any required
yard.
(b)
Class II vehicle: anywhere on the lot, including side and rear
yards, but excluding the required front and corner side yards.
(c)
Class II vehicle: nowhere on the lot.
F. General regulations and standards. The following standards and regulations
shall apply to the storage of vehicles in parking lots and parking
areas on a lot in a residential district:
(1) Distance from lot line or public sidewalk. No Class II or III vehicle
shall be stored within three feet of any lot line or any vehicular
or pedestrian right-of-way.
(2) Surface. No motorized vehicle shall be stored except on an all-weather,
durable and dustless surface; such surface shall be an asphalt or
cement pavement within 24 months of the issuance of a building permit
in all new residential structures.
(3) Screening. See Article
IX of this chapter for landscaping and screening requirements applicable to the storage of Class II vehicles on a lot in a residential district.
(4) Permanent location prohibited. No vehicle shall have its wheels removed
or be affixed to the ground so as to prevent its ready removal.
(5) Residential use prohibited. No vehicle shall be used for living,
sleeping or housekeeping purposes.
(6) Utility hookups. No vehicle shall be connected to any public utility
except for required servicing.
(7) Unsafe conditions. No vehicle shall be stored so as to create a dangerous
or unsafe condition. The ground under or surrounding the location
wherein a vehicle is stored shall be free of noxious weeds, debris
and combustible material.
G. Unlicensed and inoperable vehicles. No vehicle without current license
plates nor any vehicle incapable of being driven or used for the purpose
or use for which it was designed shall be stored in any parking lot
or parking area on any lot in a residential district.
H. Temporary storage. Notwithstanding any other provision of this section,
any vehicle may be stored at any location on a lot in a residential
district or a business district for a period not to exceed 72 hours;
provided, however, that, unless authorized by the Zoning Administrator
based on special circumstances, no more than one such temporary period
shall occur in any seven-day period.
All applications for zoning permits must include certification
by a registered engineer that the proposed installation complies with
those standards listed in Sections 614.0 and 615.0 of the BOCA Basic
Building Code, including written documentation of load distributions
within a building's support structure where the antenna is to be attached
to a building.
A. Agriculture and residential districts.
(1) Permitted uses. In any agriculture or residential zoning district,
ground-mounted satellite dish antennas up to 12 feet in diameter may
be permitted, subject to the following criteria:
(a)
All installations must comply with all accessory use, yard,
height, bulk, and setback requirements specified within the district.
(b)
All installations shall be located to prevent obstruction of
the antenna's reception window from potential permitted development
on adjoining properties.
(c)
All installations shall employ to the extent possible materials
and colors that blend with the surroundings.
(d)
All installations must include screening treatments located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base in accordance with §
22-60 of this chapter.
(2) Conditional uses. In any agriculture or residential zoning district,
roof-mounted satellite dish antennas up to 12 feet in diameter may
be permitted by conditional use permit, subject to the following criteria:
(a)
Demonstration by the applicant that compliance with Subsection
A(1) of this section would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
(b)
The height of the proposed installation does not exceed the
maximum height restriction imposed upon primary uses within the district.
(c)
Those criteria relating to all conditional uses in this chapter.
B. Commercial and industrial districts.
(1) Permitted uses. In any commercial or industrial districts, ground-mounted
satellite dish antennas up to 12 meters in diameter may be permitted,
subject to the following criteria:
(a)
All primary use installations or accessory use installations
that abut land zoned for residential purposes shall comply with the
principal setback requirements specified within the underlying district.
All accessory use installations not abutting residentially zoned land
shall comply with the district's accessory use setbacks.
(b)
All installations shall comply with the maximum height restrictions
imposed upon primary uses.
(c)
All installations exceeding 12 feet in diameter shall be screened
from any adjoining residentially zoned land. Such screening can be
waived if the antenna is set back a distance at least five times its
diameter from the residentially zoned parcel.
(2) Conditional uses. In any commercial or industrial districts, roof-mounted
satellite dish antennas up to 12 meters in diameter may be permitted
by conditional use permit, subject to the following criteria:
(a)
Demonstration by the applicant that compliance with the applicable
yard, setback, and height restrictions would result in the obstruction
of the antenna's reception window; furthermore, such obstruction involves
factors beyond the applicant's control.
(b)
The height of the proposed installation does not exceed the
maximum height restriction imposed for primary uses within the district,
except that buildings within a business district that are built up
to this maximum height may be permitted a rooftop installation so
long as the diameter of the antenna does not exceed 12 meters or 33%
of the existing height of the building, whichever is less.
(c)
Those criteria relating to all conditional uses in this chapter.
Notwithstanding any other height limitation of this chapter,
any antenna and antenna support structure that is capable of transmitting
as well as receiving signals and licensed by the Federal Communications
Commission as an amateur radio facility may extend to no more than
60 feet in height above grade or 20 feet in height above the roof
of a principal building to which it is attached, whichever is less,
if such antenna and antenna support structure meet each of the following
conditions:
A. Setback from street. No such antenna or its support structure shall
be erected or maintained closer to any street than the wall of the
principal building to which it is accessory that is nearest to such
street.
B. Setbacks from adjacent buildings. No such antenna or its support
structure shall be located nearer than 1/2 the height of the antenna
and support structure to any adjacent principal building on any adjacent
property.
C. Guy wires restricted. No guy or other support wires shall be used
in conjunction with such antenna or support structure except when
used to anchor the antenna or the support structure to an existing
building on which such antenna or support structure is maintained.
D. Screening. See §
22-60 of this chapter for landscaping and screening requirements applicable to ground-mounted antennas.
Any permitted accessory lighting fixtures shall be so designed,
arranged and operated as to prevent glare and direct rays of light
from being cast onto any adjacent public or private property or street
and so as not to produce excessive sky-reflected glare. Except for
streetlights, no exterior light in or adjacent to any residential
district shall be so designed, arranged, or operated as to produce
an unreasonable amount of light.