The general regulations of this subsection apply to all accessory uses and structures unless otherwise expressly stated.
A.
Accessory uses and structures are permitted in connection with lawfully established principal uses.
B.
The Code Enforcement Officer is authorized to determine when a use or structure meets the criteria of an accessory use or accessory structure.
(1)
In order to classify a use or structure as "accessory" the Code Enforcement Officer must determine that the use or structure:
(a)
Is subordinate and clearly incidental to the principal structure or principal use served in terms of area and function;
(b)
Provides a necessary function for or contributes to the comfort, safety or convenience of occupants of the principal use or structure; and
(c)
Is customarily found in association with the subject principal use or principal structure.
(2)
The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
(a)
Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities, so long as such activities do not fall within the definition of a home occupation.
(b)
Hobbies or recreational activities of a noncommercial nature.
(c)
Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any ninety-day period.
C.
Time of construction and establishment.
(1)
Accessory uses and structures may be established in conjunction with or after the principal building. They may not be established before the principal use or structure is in place.
D.
Accessory uses and structures must be located on the same lot as the principal use or structure to which they are accessory.
E.
Accessory uses and structures are subject to the same regulations and standards that apply to principal uses and structures on the subject lot, unless otherwise expressly stated. Accessory use and structures attached to the principal building by a breezeway, passageway or similar means are subject to the building setback regulations that apply to the principal use or structure.
F.
Residential accessory use and structures. The following additional regulations apply to buildings that are accessory to (principal) residential uses (See Figure 45-1: Accessory structures in R-1 and R-2 Districts):
(1)
Accessory uses and structures are prohibited in front or street setbacks.
(2)
No more than three detached accessory uses or structures are allowed on any lot.
(3)
The aggregate footprint or coverage of all accessory uses or structures on a lot may not exceed 1,000 square feet or the gross floor area of the principal building, whichever is less.
(4)
Residential accessory uses or structures in the R-1 and R-2 Districts are subject to minimum side and rear setbacks of five feet.
(5)
Residential accessory uses and structures may not occupy more than 40% of the rear or side yard area.
G.
Accessory structures and uses shall be permitted in the R-1 and R-2 Districts as follows:
(1)
Accessory utility buildings.
(2)
Private garage.
(3)
The keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business. (See § 163-64 for use standards.)
(5)
Private swimming pools and game courts, lighted or unlighted, for use of occupants and their guests.
(6)
Accessory off-street parking, open or enclosed space, for one commercial vehicle of not more than 15,000 pounds gross vehicle weight and used by the occupant of a dwelling.
(7)
Storage of recreational vehicles, detached caps, boats, and boat trailers not part of an approved commercial use subject to the following limitations:
(a)
No more than one recreational vehicle may be stored on a lot. No more than two boats or other waterborne craft and/or boat trailers may be stored or constructed on a lot.
(b)
The vehicle or boat shall not be used for living quarters nor shall any business be conducted therefrom.
(c)
These vehicles may not be stored in front or street yards. They may be stored in rear or side yards provided that they are at least three feet from the property line and in the case of side yard storage, provided that they are at least three feet from the property line and are situated at least 10 feet to the rear of a lateral projection of the front foundation of the building. Such vehicle may be stored in any completely enclosed garage.
(d)
Such vehicle may be stored on a specially marked parking area of a multifamily rental or condominium unit for residents only. Such areas must be screened from adjacent off-site uses as required by the Code Enforcement Officer.
(e)
A recreational vehicle may be parked on any portion of a residential or nonresidential property for a period not more than 24 hours during loading or unloading only.
(f)
The Board of Appeals may allow storage or construction of additional recreational vehicles, boats or other waterborne craft and/or boat trailers on a lot as a special exception.
H.
Accessory structures and uses permitted in the C-1, C-2, I-1 and I-P Districts shall not be located in the front/street setbacks.
