[Amended 10-12-2020 by Ord. No. 271; 6-29-2021 by Ord. No. 273]
A.
To qualify as an accessory use, the use shall:
(1)
Be clearly incidental and subordinate to, and customarily and commonly associated with, the operation of the principal use.
(2)
Be operated and maintained under the same ownership as the principal use.
(3)
Be operated and maintained on the same lot as the principal use or on a contiguous lot.
(4)
Not include structures or structural features inconsistent with the principal use.
B.
Nonresidential accessory buildings and structures, when authorized as permitted or special land uses, shall comply with all applicable setback, height, and lot coverage requirements set forth in Article 6.00 or elsewhere in this chapter.
C.
Agricultural accessory buildings and structures are not subject to the requirements of § 42-8.01 Subsection D. However, agricultural accessory buildings shall comply with setback requirements set forth in Article 6.00. At the time of permitting, the applicant shall demonstrate that the sole use of an agricultural accessory building or structure is intended to support a commercial agricultural operation.
D.
Except as otherwise provided in this chapter, a residential accessory building, including a private garage, shall be subject to the following:
(2)
There is no limit on the number of residential accessory buildings on a lot or parcel. The total combined floor space of the accessory building(s) shall not exceed the following limits:
Lot or Parcel Size | Total Combined Floor Space (square feet) | Maximum Building Height |
|---|---|---|
0 to 19,999 square feet | 1,200 | 18 feet |
20,000 square feet to 1 acre | 1,440 | 18 feet |
1.01 acres to 2.99 acres | 2,304 | 22 feet |
3.00 acres to 4.99 acres | 3,200 | 23 feet and four inches |
5.00 acres to 9.99 acres | 4,000 | 26 feet and eight inches |
10.00 acres or more | 5,000 | 26 feet and eight inches |
(3)
A lot or parcel shall not be reduced to a size or configuration that would result in nonconforming accessory building square footage or setback violations.
E.
The Planning Commission may approve modifications to the size, location, height, and lot coverage requirements through the special land use process in accordance with the following requirements and standards:
(1)
Setbacks shall not be reduced less than six feet from property lines.
(2)
The accessory building shall not be used for any purpose/use other than as approved by the Planning Commission.
(3)
The accessory building as approved by the Planning Commission shall not be eligible for any variance relief from the Zoning Board of Appeals from any size, location, height, and/or lot coverage requirement approved by the Planning Commission.
(4)
An accessory building for which special land use approval is required under this subsection shall also be subject to site plan review pursuant to § 42-11.02. The special land use permit application shall be accompanied by a site plan of the subject property containing the following information:
(a)
The date, North arrow, and scale.
(b)
The location and dimensions of all property lines and all existing and proposed building setbacks.
(c)
The location, dimensions, and height of all existing and proposed buildings/structures on the subject property and any existing buildings on adjacent property within 100 feet of the subject property.
(d)
The location and dimensions of all existing and proposed driveways.
(e)
The location and width of the pavement and right-of-way of all abutting roadways.
(f)
The location of existing and proposed utilities.
(g)
A statement setting forth the purpose for which the proposed accessory building will be used.
(5)
When reviewing accessory building modifications, the following factors shall be considered:
(a)
The intended use of the accessory building(s) is authorized within the applicable zoning district.
(b)
The size, type of construction, and general architectural character of the residential accessory building(s) are compatible with buildings in the vicinity.
(c)
The resulting increase of size and scale of the residential accessory building(s) does not result in a visible impact that is overly obtrusive to neighboring residents.
(d)
Proposed setbacks from lot lines and separation from dwellings on the adjacent properties are appropriate based on the size and scale of the proposed accessory building(s).
(e)
If the property is intended to be divided in the future, the location of the residential accessory building(s) does not impact the ability to divide the land in a compliant manner while maintaining required setbacks from the building(s).
(f)
The increase in residential accessory building square footage does not result in adverse stormwater runoff impact and degradation of sensitive natural resources.
F.
An otherwise permissible residential accessory building is allowable as a special land use on an otherwise vacant lot, or on a lot having only another accessory building(s), to be used for permissible residential purposes, subject to the provisions of this chapter pertaining to special land uses, and the additional related requirements set forth in Subsections B and C.


