(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:
A. Reasonable safeguards are established to protect adjacent uses from
detrimental effects.
B. A permit shall be issued for a period no longer than six months.
C. Residing in the basement or foundation structure before the completion
of the total structure shall not be permitted.
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 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.
F. Adequate off-street parking must be provided for the maximum number
of clients or customers and in no case shall this parking be less
than the parking required for such commercial use noted in § 1101. All parking areas shall be paved with approved surfacing.
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.
E. The Board determines in Subsections
C and
D hereof that circumstances are such that the combination of such lot, with other adjacent property to form one or more zoning lots cannot reasonably be expected, and that otherwise the provisions of this chapter would be confiscatory.
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.
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.