Certain uses, whether permitted as of right, by special development or by special exception, have singular, individual characteristics which make it necessary, in the public interest, to specify regulations in greater detail than would be feasible in the individual use regulations for each zoning district. This section therefore provides such regulations for accessory uses and temporary uses. These requirements are intended to meet the economic development and housing objectives outlined in Articles IX and X of the Town of Bel Air's Comprehensive Plan.
Generally, except as otherwise restricted in Article III, Establishment and Regulation of Zoning Districts, accessory buildings and uses customarily incidental to any principal permitted use or authorized special exception or special development shall be permitted in any district in connection with the principal use, subject to the following:
A.
General.
(1)
No accessory use or structure, except fences, shall be located within
any recorded easement area unless approved by the Director of Public
Works.
(2)
Uses generally prohibited or not permitted as principal permitted
uses in a district shall not be permitted as accessory uses.
(3)
No enclosure for refuse/recycling shall be located within the front
yard setback required in the district.
[Amended 4-3-2017 by Ord.
No. 780-17]
(4)
A
small wind energy system used to generate electricity of less than
100 kw through a wind turbine conversion system shall be considered
an accessory use in all zoning districts. The wind tower shall be
set back from all property lines, rights-of-way and overhead utility
lines a distance equal to the height of the tower plus 20 feet. The
tower cannot be readily accessible to the public for a minimum height
of 12 feet. The appearance of the wind generator, blades and tower
must blend into the existing environment. The wind generator shall
comply with the state-regulated Noise Ordinance.
[Added 11-25-2011 by Ord.
No. 744-11]
(5)
A
solar energy system used to provide electrical power through photovoltaic
cells and related accessories or harness thermal energy for heating
water or air using thermal collectors or similar structures shall
be considered an accessory use in all zoning districts. Ground-mounted
systems must adhere to accessory building requirements and must be
screened with appropriate landscape from any right-of-way or adjacent
residential property. Structurally attached solar collectors cannot
project vertically above the peak of a sloped roof and cannot project
more than five feet above a flat roof.
[Added 11-25-2011 by Ord.
No. 744-11]
B.
Residential districts.
(1)
Accessory structures shall be no more than 20 feet in height as measured
from the ridgeline of the roof to the average contact with grade,
nor shall they exceed the height of the principal use or structure,
whichever is less. The height between the eaves and the ridge for
gable, hip and gambrel roofs cannot exceed more than 35% of the overall
height of the accessory building.
[Amended 10-21-2019 by Ord. No. 794-19; 10-16-2023 by Ord. No. 817-23]
(2)
No accessory use or building shall be erected in any required court
or in any yard other than a side or rear yard, except as provided
hereinafter. Accessory uses or buildings shall be distanced at least
six feet from alley lines and at least three feet from lot lines of
adjoining lots. If approved by the Zoning Administrator, cluster mailbox
structures may be permitted in the front yard.
(3)
Accessory buildings, except stables, may be erected as a part of
the principal building or, if at least six feet therefrom, may be
connected thereto by a breezeway or similar structure, in which case
it shall be considered to be a part of the principal building, provided
all yard and Fire Code[1] requirements for a principal building are satisfied. Open
carports may be erected over driveway pads if screening is provided
and if located at least five feet from the lot line.
(4)
Satellite receiving dishes in excess of 24 inches in diameter must
be ground-mounted and shall require a building permit in accordance
with the Town Building Code.[2] All satellite receiving dishes shall be treated as any
other accessory structure with the same setback and yard requirements.
All dishes shall be properly screened from view with landscaping or
fencing, as appropriate and as determined by the Zoning Administrator.
Dishes less than or equal to 24 inches in diameter may be mounted
on the principal structure or an accessory structure.
[Amended 11-25-2011 by Ord. No. 744-11; 10-16-2023 by Ord. No. 817-23]
(5)
The total square footage, including upper floor space, of all accessory
uses or structures shall not exceed 50% of the square footage of habitable
space of the principal use or structure. However, a minimum of 480
square feet may be permitted regardless of the size of the principal
structure.
[Amended 4-3-2017 by Ord.
No. 780-17; 10-21-2019 by Ord. No. 794-19]
(6)
Pens and runs for domestic animals shall not be located within 50 feet of an adjacent residential primary structure. Kennels as defined in Article XIV are not permitted in residential districts. Honeybee hives may be permitted on parcels with a minimum size of 10,000 square feet and located 50 feet from an adjacent residential primary structure provided honey is not produced for commercial purposes. On properties consisting of a minimum of 10,000 square feet, a coop for chickens housing no more than two hens may be located no less than 50 feet from the adjacent residential primary structure. One additional hen may be added for every 5,000 square feet in lot area. Roosters are not permitted. On properties of two acres or more, pens, barns or stalls for farm animals shall be permitted, provided that the number of animals shall not exceed one per acre, the animals are contained within a fenced area, and the following minimum setbacks for principal and accessory uses are met:
[Amended 10-1-2012 by Ord. No. 754-12; 4-3-2017 by Ord. No. 780-17; 10-16-2023 by Ord. No. 817-23]
|
Number of Animals
|
Setback From Adjacent
Residential Primary Structure
(feet)
|
|---|---|
|
3 to 5
|
100
|
|
6 to 10
|
150
|
|
11 or more
|
200
|
(7)
Residential recreational facilities, such as swimming pools and tennis
courts, shall be located not less than six feet from any side or rear
lot line. For community pools and tennis courts, the edge of the facility
shall be located not less than 50 feet from any residential unit or
side or rear lot line.
(8)
Recreational vehicles, campers, trailers and similar equipment shall
be stored in a garage or similar enclosed structure. Open storage
shall be permitted in the side and the rear yard areas. Open storage
on driveways may be permitted for short-term storage or maintenance
purposes for a period not to exceed a total of seven days within any
ninety-day period. No living, sleeping or other occupancy of a recreational
vehicle, camper or trailer shall be permitted for more than seven
days within any ninety-day period. Except as stated above, storage
of any recreational vehicle, camper or trailer is prohibited in the
front yard area. For lots with more than one public road frontage,
storage of a recreational vehicle or trailer may be permitted by the
Zoning Administrator in the front yard, provided there is no practical
alternative that meets the Code and adequate screening is provided.
[Amended 4-3-2017 by Ord.
No. 780-17; 9-16-2019 by Ord. No. 792-19; 10-16-2023 by Ord. No. 817-23]
(9)
No commercial vehicles or commercial equipment shall be parked or
stored on any lot in any residential district, except when such vehicle
is engaged in loading and unloading passengers, merchandise or materials.
This subsection shall not apply to a public utilities truck engaged
in repairs or to a truck parked or being used during the construction
or renovation process of a residential building.
[Amended 10-16-2023 by Ord. No. 817-23]
(10)
One inoperative or untagged motor vehicle may be parked or stored
on any lot of less than two acres for a continuous period of no more
than six months. Two inoperative or untagged motor vehicles may be
parked or stored on any lot of two acres or more for a continuous
period of no more than six months. Open storage of a vehicle requires
a permit issued by the Department of Planning and Community Development.
Inoperative or untagged vehicles which are stored completely within
an enclosed building are not subject to these restrictions.
[Amended 10-16-2023 by Ord. No. 817-23]
(11)
[3]Temporary refuse dumpsters, storage containers or trailers
shall not be placed on grass or pervious surface. No such storage
may be located on a residential parcel for more than 30 days unless
extended by the Zoning Administrator based on hardship or practical
difficulty not caused by the property owner.
[Added 4-2-2018 by Ord.
No. 783-18; amended 10-16-2023 by Ord. No. 817-23]
[3]
Editor's Note: Former Subsection B(11), regarding yard sales
per year, was repealed 10-16-2023 by Ord. No. 817-23. This ordinance also
renumbered former Subsection B(12) as Subsection B(11), respectively.
C.
Business and industrial districts. Customary accessory uses are permitted
in commercial or industrial districts, including the following:
(1)
The storage of goods normally carried in stock, used in, or produced by commercial or industrial uses, unless the storage of particular goods is prohibited under the commercial or industrial district regulations. No refuse or recycling enclosures or storage shall be permitted within the front yard, and all enclosures and storage facilities must be effectively screened as stipulated in Article VIII of this Part 2. Storage facilities shall be located within a fully enclosed area, and such facilities shall not include tractor-trailer bodies.
[Amended 4-3-2017 by Ord.
No. 780-17]
(2)
Satellite receiving dishes may be installed on roofs in the business
and industrial districts, and those over 24 inches in diameter shall
require a building permit for installation.
[Amended 11-25-2011 by Ord. No. 744-11]
(3)
Incidental repair facilities, unless expressly prohibited under the
commercial or industrial regulations, may be permitted by the Zoning
Administrator.
(4)
Canopies and awnings may be permitted with a minimum eight-foot clearance
from the lowest edge of the canopy/awning to sidewalk or grade level,
whichever is applicable.
(5)
In commercial and industrial districts, one inoperative or untagged
motor vehicle may be parked or stored on any lot of less than two
acres for a continuous period of no more than six months. Two inoperative
or untagged motor vehicles may be parked or stored on any lot of two
acres or more for a continuous period of no more than six months.
Open untagged vehicle storage requires a permit issued by the Department
of Planning and Community Development. Vehicles that are stored within
a completely enclosed building or on a lot that is approved for motor
vehicle sales, service and storage are permitted as of right.
(6)
Temporary
refuse dumpsters, storage trailers or containers shall not be placed
on grass or pervious surface. No such storage may be located on an
area visible to a public road for more than 30 days unless extended
by the Zoning Administrator based on hardship or practical difficulty
not caused by the property owner.
[Added 10-16-2023 by Ord. No. 817-23]
Fences, walls and hedges may be located in required yards as
follows:
A.
Fences, walls and hedges not exceeding four feet in height above the elevation of the surface of the ground may be located in any yard or court unless the property is located at a roadway intersection, in which case, the requirements noted in § 165-65 of this Part 2 shall apply. Ornamental gates, fence post caps or finials may exceed the height limit by no more than 12 inches.
B.
Fences and walls not exceeding six feet in height above the elevation
of the surface of the ground may be located in any rear yard or side
yard area for a residential use. Ornamental gates, fence post caps
or finials may exceed the height limit by no more than 12 inches.
If the property abuts a business or industrial district, a fence or
wall, not to exceed eight feet, may be erected.
[Amended 4-2-2018 by Ord.
No. 783-18]
C.
Industrial uses may locate fences or walls, not to exceed 10 feet in height, in any yard area if necessary for safety or security reasons and said reasons are documented to the satisfaction of the Zoning Administrator. Uses in business zones must adhere to the front yard height requirements for fences. Exceptions may be permitted by the Zoning Administrator for corner and through lots as described in § 165-69E.
[Amended 4-2-2018 by Ord.
No. 783-18; 10-16-2023 by Ord. No. 817-23]
D.
In no instance shall barbed wire fencing be used alone or in combination
with other fence materials, except when the Zoning Administrator determines,
through the administrative waiver process, that, due to the character
or use of a parcel, the additional security of such fencing is necessary.
E.
Single-family residential through lots as defined in this Part 2 may increase the height of a fence located along the rear right-of-way line to a maximum of six feet. Single-family residential corner lots may increase the height of a fence to a maximum of six feet provided the fence is setback a minimum of six feet from right-of-way and is located behind the rear facade of the residence. The Zoning Administrator may require a survey to determine if visibility at the intersection is impeded by the increase in fence height.
[Added 10-16-2023 by Ord. No. 817-23]
Handicap ramps shall be provided as required by the Americans
With Disabilities Act[1] and applicable Town building regulations.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[Amended 1-7-2013 by Ord.
No. 758-12; 4-3-2017 by Ord. No. 780-17]
A.
Temporary uses shall be permitted as specified in Articles III, VII and XI of this Part 2 and shall not exceed 30 days unless otherwise specified. A permit may be issued by the Zoning Administrator or designee if all the specific requirements as stated below are satisfied:
[Amended 10-16-2023 by Ord. No. 817-23]
(1)
Performance standards.
(a)
A temporary use permit application shall be filed specifying
the use, dates and hours of operation of the activity/event.
(b)
Adequate arrangements for temporary sanitary facilities must
be approved by the State or County Department of Health and Mental
Hygiene, if applicable.
(c)
No permanent or temporary lighting shall be installed without
an electrical permit.
(d)
Adequate off-street parking shall be provided, and a stabilized
drive to the parking areas shall be maintained.
(e)
The site shall be cleared of all debris at the end of the event
and cleared of all temporary structures within three days thereafter.
(f)
It shall be the responsibility of the applicant to guide traffic
to parking areas and to provide adequate parking control.
(g)
The applicant shall be responsible for adequate crowd control.
(h)
Signs may be posted during the duration of the temporary use
with a maximum total area of 72 square feet unless otherwise specified
by the Zoning Administrator provided the operator meets all other
applicable temporary sign restrictions for the district.
(i)
The use/event shall not obstruct pedestrian or vehicular circulation.
(j)
A description of means to provide any necessary sanitation/maintenance
provisions shall be provided to the reviewing agency for approval.
(k)
A certificate of insurance shall be provided to the reviewing
agency.
B.
Modular classrooms, modular sales/construction office/sales trailers.
(1)
Such modular facilities shall be subject to performance standards
as specified below. A permit may be issued by the Zoning Administrator
or designee if applicable requirements are satisfied.
[Amended 10-16-2023 by Ord. No. 817-23]
(a)
Performance standards.
[1]
Modular classrooms.
[a]
The applicant shall fully describe the proposed
use/activity to the satisfaction of the reviewing agency, including
the means to prevent interference with traffic, both pedestrian and
vehicular, and shall specify the precise time during which the use
shall be in operation.
[b]
The applicant shall specify the method for and
ensure that removal of trash and clearing of debris and restoration
of the site is to be accomplished.
[c]
The unit shall be totally removed from the site
and returned to the exact previous appearance once classroom use is
abandoned.
[d]
Setback requirements for the district shall apply.
However, in no case shall the setback be less than 10 feet.
[2]
Sales/construction/office trailers.
[a]
No office or sales trailer may be permitted on
a property longer than 30 days. A trailer associated with construction
may be permitted for no longer than 18 months. The applicant shall
fully describe the proposed use/activity to the satisfaction of the
reviewing agency, including the operation, appearance, means to prevent
interference with traffic, both pedestrian and vehicular, and shall
specify the precise time during which the use shall be in operation.
[b]
The applicant shall specify the method for and
ensure that removal of trash and clearing of debris and restoration
of the site is to be accomplished.
[c]
The unit shall be totally removed from the site
and returned to the exact previous appearance within the time frame
specified by the reviewing agency.
[d]
If longer duration than 30 days is required, the
Zoning Administrator may approve the use for no more than six months
for good cause shown.
[e]
Construction trailers shall be removed within 15
days of completion of construction or within 18 months of installation,
whichever is less unless an extension is approved by the Director
of Public Works.
C.
Outdoor promotional event/sales event/yard sale.
(1)
Such events shall be subject to performance standards as specified
below. A permit may be issued by the Zoning Administrator if all applicable
requirements are satisfied.
(a)
Performance standards.
[1]
[3]
Yard sale.
[a]
Private yard sales in residential districts shall
not be held for more than four continuous days or more than four separate
times in a calendar year.
[Amended 10-16-2023 by Ord. No. 817-23]
[4]
Outdoor sale event.
[Amended 4-2-2018 by Ord.
No. 783-18; 10-16-2023 by Ord. No. 817-23]
[5]
Snowball stands or other seasonal uses.
[Amended 10-16-2023 by Ord. No. 817-23]
[a]
The applicant shall fully describe the proposed
use/activity to the satisfaction of the reviewing agency, including
the means to prevent interference with traffic, both pedestrian and
vehicular, and shall specify the precise time during which the use
shall be in operation. Temporary seasonal uses are subject to a temporary
use permit and cannot exceed six months per calendar year.
[b]
Hours of operation shall be specified.
[c]
Trash and debris shall be removed from premises,
and lots shall be cleared of same daily.
[d]
Signage is limited to a total of 24 square feet.
D.
Sidewalk cafe or retail sales.
[Amended 10-16-2023 by Ord. No. 817-23]
(1)
This section is only applicable to sidewalk sales and service in the public right-of-way. Exterior dining or bar service on a lot of record are addressed in § 165-53I(2)(i).
(a)
Performance standards.
[1]
Outdoor sidewalk cafe or retail sales.
[a]
No building exit, entrance, or fire escape shall
be obstructed by product display, fixtures, seating or landscape materials.
[b]
Lighting, except for existing building lighting,
shall be restricted to very low intensity.
[c]
Planters, if displayed, shall be in scale with
the space of the adjacent sidewalk and the adjacent building. Materials
shall be compatible with the adjacent building facade.
[d]
Sidewalk sales or cafes shall be open to adjacent
walks and may be partially enclosed by fences, planters, barriers,
lattice, railings or ropes of any type.
[e]
The sidewalk sales or cafe area shall be restricted
to areas with a minimum sidewalk width of eight feet. A five-foot
sidewalk area must be maintained to allow adequate pedestrian circulation.
[f]
Stacking of product display, tables and chairs
on sidewalks for storage is prohibited.
[g]
Proof of liability insurance and submission of
an agreement to hold the Town harmless in case of accidents, losses,
claims, etc., is required.
[h]
Submission of a detailed plan for the temporary
use outlining plans for operation or management, proposed use, materials,
colors and signage shall be submitted for Zoning Administrator for
review and approval.
[i]
A description of proposed hours of operation, services
to be provided, maintenance, cleaning and storage plans shall be submitted
for Zoning Administrator review and approval.
[j]
Should sales or cafe area extend in front of adjacent
property, written permission from the property owner is required.
[k]
Waste from dining or sales operations shall be located inside
the establishment and the sidewalk shall be cleaned by the user a
minimum of once per six months.
E.
Itinerant dealer, peddler and solicitor.
(1)
Sales from any cart, wagon, trailer, or vehicle; any distribution of samples, pamphlets or sales in a public place; and any person seeking sales by going place to place must adhere to requirements of the Town Code, Chapter 272, Itinerant Dealers, Peddlers and Solicitors, which shall be satisfied prior to operation.
