This section authorizes the establishment of accessory uses
that are incidental and customarily subordinate to principal uses.
The purpose of this section is to allow a broad range of accessory
uses, so long as such uses are located on the same site as the principal
use, and so long as they comply with the standards set forth in this
section in order to reduce potentially adverse impacts on surrounding
lands.
A.
Compliance with requirements of this chapter. Except as otherwise
specifically provided in this chapter, accessory uses are permitted
for an in connection with any use that is allowed by right or by special
use permit. All accessory uses and accessory structures shall conform
to the applicable requirements of this chapter, including Article
72-3, Zoning Districts; Article 72-4, Use Standards; and Article 72-5,
Development Standards. The provisions of this section establish additional
standards and restrictions for particular accessory uses and structures.
B.
General standards. All accessory uses and accessory structures shall
meet the following standards:
(1)
Directly serve the principal use or structure;
(2)
Be customarily accessory and clearly incidental and subordinate
to the principal use and structure;
(3)
Not exceed the greater of 25% of the heated floor or buildable
area of the principal use, except where otherwise allowed by this
chapter. An in-ground pool is exempt from this requirement and is
not counted in the total area of accessory uses or structures.
[Amended 2-11-2020 by Ord. No. 20-02]
(4)
Be owned or operated by the same person as the principal use
or structure;
(5)
Together with the principal use or structure, not violate the
bulk, density, parking, landscaping, or open space standards of this
chapter; and
(6)
Not constitute a combination use, which is the combination of
two principal uses (combination uses will not meet the above standards
in terms of being subordinate or providing service to the principal
use).
(7)
No accessory use shall be located on a lot prior to development
of an associated principal use.
(8)
An accessory use or structure may be approved in conjunction
with or subsequent to approval of the principal use or structure.
[Amended 1-10-2017 by Ord. No. 16-28]
A.
No accessory use or structure shall occupy more than 30% of the rear
yard. The area occupied by an in-ground pool is not counted in calculating
the area of occupation.
[Amended 2-11-2020 by Ord. No. 20-02]
B.
No accessory structure except a fence shall be located in any front
yard. No accessory structure requiring a building permit shall be
closer to a front lot line than the principal structure.
C.
No accessory use or structure shall be closer than five feet to a
side or rear lot line, except that if the principal structure has
a setback of less than five feet, then the setback of an accessory
structure may be the same as exists for the principal structure. No
accessory use or structure requiring a building permit within the
R-2, R4, or R-8 zoning districts shall be closer than five feet to
the principal structure.
[Amended 2-11-2020 by Ord. No. 20-02]
D.
No accessory structure shall be located within any platted or recorded
easement or over any known utility unless written authorization is
provided from the easement holder or the City, as appropriate.
E.
An accessory structure may be located within a secondary front yard
of a through lot, provided:
(1)
The lot is zoned with a nonresidential, mixed-use, or planned
development district designation;
(2)
The lot across the street from the secondary front yard has
a nonresidential, mixed-use, or planned development district designation;
(3)
The accessory structure does not exceed 12 feet in height, or
one story, whichever is less;
(4)
The accessory structure setback is at least five feet from the
secondary front lot line; and
(5)
The area between the accessory structure and adjacent street
includes landscaping that is capable of screening the structure when
it is mature.
[Amended 2-11-2020 by Ord. No. 20-02]
No accessory structure shall exceed 25 feet in height, or 12
feet in height if located in a side or rear yard.
[Amended 2-11-2014 by Ord. No. 14-07; 8-22-2017 by Ord. No. 17-19; 9-8-2020 by Ord. No. 20-17]
A.
Table as guide. Table 72-42.5, Table of Common Accessory Uses, is
established as a guide to identify the appropriateness of the more
common accessory uses in each zoning district.
(1)
If a specific accessory use is permitted by-right, the cell
underneath the zoning district is marked with a "P."
(2)
If a specific accessory use is allowed subject to a special
use permit, the cell underneath the zoning district is marked with
an "S."
(3)
If the accessory use or structure is not allowed in a zoning
district, the cell is blank.
B.
Interpretation of unidentified accessory uses. The Zoning Administrator
shall evaluate potential accessory uses that are not identified in
Table 72-42.5, Table of Common Accessory Uses, on a case-by-case basis,
as an Interpretation. In making the interpretation, the Zoning Administrator
shall apply the following standards.
(1)
The definition of "accessory use" (see Article 72-8, Definitions and Interpretations), and the general accessory use standards established in § 72-42.2, General standards and limitations.
(2)
The additional regulations for specific accessory uses established in § 72-42.6, Specific standards for certain accessory uses.
(3)
The purpose and intent of the zoning district in which the accessory
use is located (see Article 72-3, Zoning Districts).
(4)
Any potential adverse impacts the accessory use may have on
other lands in the area, compared with other accessory uses permitted
in the zoning district.
(5)
The compatibility of the accessory use, including the structure
in which it is housed, with other principal and accessory uses permitted
in the zoning district.
|
Table 72-42.5: Table of Common Accessory Uses
| ||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
P = Allowed by Right
|
S = Special Use Permit Required
|
Blank Cell = Prohibited
| ||||||||||||||||
|
Accessory Use
|
Zoning District
| |||||||||||||||||
|
R-2
|
R-4
|
R-8
|
R-12
|
R-16
|
R-30
|
C-T
|
C-D
|
C-SC
|
C-H
|
I-1
|
I-2
|
PD-R
|
PD-C
|
PD-MU
|
PD-MC
|
CM T-4M
|
CM T-5M
| |
|
Amateur radio antennas
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
•
|
•
|
•
|
•
|
P
|
P
|
•
|
•
|
P
|
P
|
|
Cemetery
|
S
|
S
|
S
|
S
|
S
|
S
|
•
|
S
|
•
|
S
|
S
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
|
Drive-through
|
•
|
•
|
•
|
•
|
•
|
•
|
S
|
S
|
P
|
P
|
P
|
•
|
•
|
P
|
P
|
S
|
S
|
P
|
|
Home occupation
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
•
|
•
|
•
|
•
|
P
|
•
|
P
|
•
|
P
|
P
|
|
Homestay
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
•
|
•
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Outdoor display and sales
|
•
|
•
|
•
|
•
|
•
|
S
|
P
|
P
|
P
|
P
|
S
|
•
|
•
|
P
|
P
|
•
|
P
|
P
|
|
Outdoor storage (as an accessory use)
|
•
|
•
|
•
|
•
|
•
|
•
|
S
|
S
|
P
|
P
|
P
|
P
|
•
|
P
|
S
|
S
|
S
|
P
|
|
Parking of heavy trucks, trailers, major recreational equipment,
etc.
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
P
|
P
|
•
|
•
|
•
|
•
|
•
|
•
|
|
Satellite dishes
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Solar energy equipment
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Temporary family health care structure
|
P
|
P
|
P
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
P
|
•
|
•
|
•
|
P
|
P
|
A.
B.
Cemetery, family or religious institution. Family cemeteries and
cemeteries accessory to a religious institution are permitted in accordance
with the following standards:
(1)
Lots including a cemetery shall be a minimum of two acres in
size, but the cemetery site itself has no minimum area requirement.
(2)
The following uses and shall be included in the approval of
a cemetery without further zoning approval being required:
(3)
Table 72-47.6B, Cemetery Dimensional Requirements, sets out
the dimensional requirements for cemeteries.
|
Table 72-42.6B: Cemetery Dimensional Requirements
| |
|---|---|
|
Requirement
|
Standard
(feet)
|
|
Minimum street frontage
|
125
|
|
Burial plot setback from local streets
|
20
|
|
Burial plot setback from major arterial streets
|
50
|
|
Burial plot setback from side lot line
|
15
|
|
Burial plot setback from rear lot line
|
25
|
|
Burial plot setback from potable water well
|
50
|
|
Burial plot setback from wetland/water body
|
75
|
(a)
The property owner shall provide a road or path for the purpose
of access to and from the cemetery.
(b)
The cemetery shall not be owned or operated as a business for
profit.
(c)
The site plan as approved by the Development Administrator showing
the location of and access to the cemetery shall be recorded with
the Clerk of Circuit Court as an addendum to the deed for the subject
property.
C.
Drive-through.
(1)
Drive-through facilities shall be located at least 100 feet
from any detached single-family dwelling or single-family residential
zoning district.
(2)
Outdoor speakers associated with a drive-through shall be at
least 50 feet from any lot line and shall not be audible beyond the
lot line.
(3)
Drive-through facilities shall not be located on the front facade
of the building they serve.
(4)
Drive-through facilities shall be designed so as not to obstruct
the movement of pedestrians along sidewalks, through areas intended
for public use, or between the building entrance and customer parking
spaces.
(5)
Canopies or other features installed over a drive through window
shall maintain common roof and lines and materials with the principal
structure.
D.
Home occupation. Home occupations shall be permitted in any dwelling
unit, subject to the approval of the Zoning Administrator and the
following:
(1)
Permitted home occupations shall include, but not be limited
to, the following:
(a)
Offices.
(b)
Electronic and off-site retail.
(c)
Personal services such as physical therapy by licensed individuals.
(d)
Pet grooming.
(e)
Artists and sculptors.
(f)
Authors and composers.
(g)
Tailors, dressmakers and seamstresses.
(h)
Home crafts, such as model making, rug weaving, lapidary work,
and ceramics.
(i)
Schools of special education, e.g., music, art.
(2)
Home occupations shall not include the following:
(a)
Antique shops.
(b)
Barbershops and beauty parlors.
(c)
Nursing or convalescent homes.
(d)
Massage parlors and similar establishments.
(e)
Eating establishments.
(f)
Gift shops.
(g)
Repair services and personal service establishments, except
as otherwise permitted by this chapter.
(h)
Riding and boarding stables or kennels.
(i)
Veterinary hospitals.
(j)
Private clubs.
(k)
Nursery schools and day care centers.
(l)
Clinics and hospitals.
(m)
Auto, small engine, and similar repair shops.
(n)
Dentists or physician offices.
(o)
Any licensed or unlicensed practitioner who performs invasive
procedures (acupuncture, tattooing, body piercing, etc.)
(p)
Bars and social clubs.
(q)
Any other business that is clearly inappropriate or out of character
for a residential area such that its location constitutes an adverse
impact on neighboring residential properties.
(3)
Home occupations shall be subject to all use limitations applicable
in the zoning district in which they are located. In addition, all
home occupations shall be subject to the following use limitations:
(a)
The use of the dwelling unit for a home occupation must be an
accessory use.
(b)
The home occupation must be conducted within the dwelling unit.
(c)
The home occupation must be conducted by persons whose principal
residence is on the premises.
(d)
No more than one employee who is not a resident of the premises,
paid or unpaid, shall be involved in the home occupation.
(e)
There shall be no evidence on the exterior of the premises or
visible from the exterior of the premises that the property is used
for any purpose other than a dwelling.
(f)
No signs shall be permitted.
(g)
No outside storage, display, or sale of merchandise, equipment
or materials shall be permitted.
(h)
No audible noise, detectable vibration or odor shall extend
beyond the confines of the premises, including vertical or horizontal
party walls.
(i)
Classes for students or meetings with clients or customers,
including delivery of materials incidental to such activities, shall
not exceed five persons per day or more than three persons at any
one time; provided, however, that occasional special events associated
with such activities, such as graduations or recitals, may be permitted
by the Zoning Administrator.
(j)
No more than 25% of the floor area of the dwelling unit, excluding
attached garages, shall be used to conduct the home occupation.
(k)
No more than 20 square feet of the total floor area of the principal
dwelling shall be used for storage of stock in trade. The storage
of hazardous materials shall be prohibited.
(l)
No parking spaces shall be added on the premises for customers,
clients, or students of the home occupation. No motor vehicle used
by such persons shall be parked at any place on the premises except
as shown on the home occupation application filed in accordance with
this division.
(m)
No electrical or mechanical equipment shall be employed other
than machinery or equipment customarily used in the home and associated
with a hobby or avocation.
E.
Homestay.
[Added 8-22-2017 by Ord.
No. 17-19[1]]
(1)
The use shall be operated by an operator who resides on the
premises.
(2)
The use shall be operated in the principal dwelling unit, and
not in any accessory building or structure.
(3)
A maximum of two guest bedrooms shall be offered for short-term
rental, with not more than a total of four guests at any one time.
(4)
The homestay use of the property for guest lodging is limited
to 90 days per calendar year.
(5)
There shall be no more than one kitchen in the principal dwelling
unit.
(6)
The use shall not include public assembly uses, such as receptions,
weddings, funerals, or other events.
(7)
The Zoning Administrator shall require the operator to provide
and maintain current contact information. The Zoning Administrator
may require annual reports from homestay operators to confirm compliance
with the criteria in this section. The Zoning Administrator shall
provide homestay operators a list of recommended building safety provisions,
after consultation with the Building Code Official.
F.
Outdoor display and sales. Outdoor display or sales may be allowed
as an accessory use for all retail sales and service uses and wholesale
sales uses. It is the intent of this chapter to allow the display
of merchandise for sale, but not where the display of such items impedes
the flow of pedestrian or vehicular traffic, or creates an unsafe
condition. The outdoor display/sales of goods shall comply with the
following standards:
(1)
Outdoor display/sales areas shall be depicted upon a site plan
(see § 72-26, Site plan).
(2)
All outdoor display of goods shall be located immediately adjacent
to the storefront, or building sides, and not in drive aisles, loading
zones, fire lanes, or parking lots.
(3)
Containers or racks used for display shall be capable of being
moved indoors.
(4)
Outdoor display areas shall be limited to no more than one-half
of the length of the store front or building side.
(5)
In the case of a shopping center, the "storefront" shall include
the entire frontage of the shopping center facade, meaning that the
total amount of display for all the in-line tenants combined shall
not exceed 50% of the aggregate store front length of the shopping
center.
(6)
The area of outdoor display or sales shall not encompass the
width of the entrance doors to the establishment as projected straight
out from the facility. (For example, if the width of the entrance
doors is 10 feet, there shall be at least a ten-foot clearance from
the doors as projected straight out and away from the facility.)
(7)
No goods shall be attached to a building's wall surface.
(8)
The height of the outdoor display shall not exceed nine feet,
except in the case of live or recently cut trees or similar vegetation.
(9)
The outdoor display area shall take place on an improved surface
such as the sidewalk or pavement.
(10)
At least five feet along the parking lot side of the display
shall be maintained free of obstruction to allow for pedestrian and
handicap movement, such that handicapped pedestrians and others do
not have to enter the parking lot or drive aisle to walk around the
display.
(11)
Outdoor sales shall not include hazardous and flammable materials,
such as gasoline, oil, antifreeze, kerosene, poisons, pesticides,
and similar items.
(12)
No additional signage shall be permitted in association with
outdoor display areas.
(13)
Outdoor display of large items (e.g., heavy equipment, vehicles,
manufactured homes, prefabricated structures, etc.) shall comply with
the standards applied to these activities when they occur as principal
uses (see § 72-41, Use-specific standards).
G.
Outdoor storage (as an accessory use). Outdoor storage may be allowed
as an accessory use in accordance with the following standards:
(1)
Each outdoor storage area shall be incorporated into the overall
design of the principal structure on the site and shall be shown on
a site plan, if one is required.
(2)
Outdoor storage areas shall be located to the side or rear of
the principal structure.
(3)
Outdoor storage areas shall not be located within fire lanes,
parking lot drive aisles, loading zones, required setbacks, required
off-street parking spaces, or sight triangles.
(4)
Goods stored in an outdoor storage area intended for sale or
resale shall be limited to those sold on the premises as part of an
associated, additional principal use.
(5)
Each outdoor storage area shall be screened from off-site views
in accordance with Table 72-42.6F, Outdoor Storage Screening:
|
Table 72-42.6G: Outdoor Storage Screening
| ||
|---|---|---|
|
Adjacent Feature or Zoning District To Be Screened
|
Minimum Opaque Screening Fence or Wall Height
(feet)
|
Stored Object/Material Maximum Height Within 50 feet of
Fence or Wall
(feet) [2]
|
|
Public street right-of-way
|
6
|
5
|
|
Park, recreation, or civic area
|
8
|
7
|
|
Single-family residential zone [1]
|
8
|
8
|
|
Multifamily residential zone [1]
|
6
|
6
|
|
Commercial or mixed-use zone [1]
|
6
|
6
|
|
Industrial zone
|
None
|
N/A
|
|
NOTES:
| |
|
[1]
|
Or use type if in a planned development district
|
|
[2]
|
Stored object/material heights located more than 50 feet from
a screening fence or wall shall not exceed 35 feet in height.
|
(6)
If the outdoor storage area is covered, then the covering shall
include at least one of the predominant exposed roofing colors on
the primary structure.
(7)
No materials may be stored in areas intended for vehicular or
pedestrian circulation.
H.
Parking of heavy trucks, trailers, or major recreational equipment
in residential districts.
(1)
Intent. It is the intent of this subsection to prohibit the
customary or continual parking of commercial or other vehicles engaged
in activity exceeding personal transport on streets and within yards
adjacent to streets in residential neighborhoods since the presence
of such vehicles runs contrary to the intended residential character
of such neighborhoods. It is not the intent of these standards to
prevent the occasional or temporary parking of such vehicles or equipment
as necessary for the purposes of loading, unloading, or cleaning;
however, the continual or customary overnight parking of such vehicles
or equipment for a portion of the day followed by removal the following
day is prohibited.
(2)
Applicability. The standards in this subsection apply to trucks
with more than two axles or that exceed 13,000 pounds or 2 1/2
tons of gross vehicle weight rating, trailers with more than one axle,
or major recreational equipment, including, but not limited to, boats,
campers, recreational vehicles, motor homes, and travel trailers.
(3)
Standards.
(a)
Heavy trucks and trailers with a rated capacity exceeding 2 1/2
tons, or major recreational equipment, shall not be parked or stored
on public right-of-way in a residential zoning district except for
the purposes of active loading or unloading.
(b)
No heavy truck, trailer, or other major recreational equipment
shall be parked or stored in any front yard, corner side yard, or
in any location where it is closer to a street right-of-way than the
principal structure within a residential or mixed-use zoning district.
(c)
Major recreational equipment may be stored in the rear yard
within a residential district, provided the equipment is at least
10 feet from all lot lines.
(d)
Major recreational equipment may be exempted from the standards
in this subsection following approval of a temporary use permit for
a maximum period of 10 days during a calendar year.
I.
Satellite dish antennas.
(1)
Satellite dish antennas shall be allowed in all zoning districts
as an accessory use, but may only be erected, altered, raised, or
relocated in accordance with a certificate of zoning use issued by
the Zoning Administrator based upon consideration of the following
factors:
(a)
No satellite dish antenna shall be located in a front yard;
(b)
Of all the locations practicably available for location of the
proposed satellite dish antenna, the proposed location shall be the
one that has the least negative impacts on surrounding buildings and
neighborhoods and be the one least visible from nearby properties
and the public right-of-way, yet still provides adequate transmission
and reception;
(c)
The proposed size and height of such satellite dish antenna
shall be compatible with the height and scale of adjacent buildings
and shall be the minimum size and height necessary to conduct the
anticipated transmission or reception activity;
(d)
Such antenna shall meet all of the requirements of this section
relating to accessory structures and be landscaped or screened so
as to substantially conceal it from view from nearby properties and
the public right-of-way; and
(e)
No advertising, telephone numbers, pictorial designs, or other
drawings shall be permitted on such antennas.
(2)
No satellite dish antenna within the HFD that is subject to view from a public street, right-of-way, or place shall be erected, altered, or relocated until approved by the ARB pursuant to § 72-23.1, Certificates of appropriateness.
(3)
Amateur radio stations properly licensed by the Federal Communications
Commission or the United States Department of Defense shall be exempt
from the provisions of this section.
J.
Solar energy equipment. Solar energy equipment shall comply with
the following standards:
(1)
The system may be located on the roof of a principal or accessory
structure, on the side of such structures, on a pole, or on the ground,
subject to the dimensional standards in the district where located
(see Article 72-3, Zoning Districts).
(2)
The system shall comply with the maximum height standards for
the zoning district in which it is located, provided that a roof-mounted
system shall not extend more than 15 feet above the roofline of the
structure on which it is mounted.
(3)
Where an existing structure exceeds the applicable height limit,
a solar energy collection system may be located on its roof irrespective
of applicable height standards, provided the system extends no more
than five feet above the roof surface.
(4)
The area of the system shall not exceed one-half the footprint
of the principal structure or 600 square feet, whichever is greater.
(5)
The property owner shall be responsible for negotiating with
other property owners in the vicinity to establish any solar easement
designed to protect solar access for the solar energy collection system.
K.
Temporary family health care structure.
(1)
The Zoning Administrator may issue a zoning permit for one temporary
family health care structure per parcel upon receipt of proof of compliance
with the requirements of Code of Virginia § 15.2-2292.1
which are incorporated herein by reference.
(2)
The applicant for a temporary family health care structure shall
provide to the Zoning Administrator evidence of compliance with Code
of Virginia § 15.2-2292.1 on an annual basis as long as
the temporary family health care structure remains on the property.
Such evidence may involve the inspection of the temporary family health
care structure at reasonable times convenient to the caregiver, not
limited to the annual compliance confirmation.
(3)
A temporary family health care structure shall be removed within
60 days of the date on which the structure was last occupied by a
mentally or physically impaired person receiving services or in need
of assistance as provided in Code of Virginia § 15.2-2292.1.
