[Ord. No. 19-2020, 6-8-2020]
(a)
Accessory uses allowed. Accessory uses are allowed only in connection
with lawfully established principal uses.
(b)
Allowed uses. Allowed accessory uses are limited to those expressly
regulated in this division or elsewhere in this zoning chapter, as
well as those that, in the determination of the Community Development
Director, satisfy all of the following criteria:
(1)
They are customarily found in conjunction with the principal
use of the subject property;
(2)
They are subordinate and clearly incidental to the principal
use of the property; and
(3)
They serve a necessary function for or contribute to the comfort,
safety or convenience of occupants of the principal use.
(c)
Time of construction and establishment. Accessory uses may be
established only after the principal use of the property is in place.
(d)
Location. Accessory uses must be located on the same lot as
the principal use to which they are accessory, unless otherwise expressly
stated.
(e)
Accessory building and structure regulations.
(1)
Accessory buildings and structures are subject to the same regulations
that apply to principal uses and structures on the subject lot, unless
otherwise expressly stated.
(2)
Accessory buildings attached to the principal building by a
breezeway, passageway or similar means are considered part of the
primary structure and are subject to the lot and building regulations
that apply to the principal building.
(3)
Accessory buildings attached by structures less than 30 inches
in height (e.g., patios, walks, decks without railing) are not considered
part of the primary structure and are subject to accessory building
and structure regulations.
[Ord. No. 19-2020, 6-8-2020]
(a)
Amateur radio service antennas and supporting towers are expressly
allowed as permitted accessory uses, provided that no such antenna,
including any support upon which it is mounted may exceed a combined
height of 70 feet.
(b)
All amateur radio service antenna structures must be set back
a distance of at least one-half the height of the tower structure
from all property lines.
[Ord. No. 19-2020, 6-8-2020]
(a)
General.
(1)
Private (restricted-access) electric vehicle (EV) charging stations
are permitted as accessory uses in all zoning districts.
(2)
Public EV charging stations are permitted as accessory uses
to allowed nonresidential uses in all zoning districts.
(b)
Parking.
(1)
Electric vehicle charging stations may be counted toward satisfying
minimum off-street parking space requirements.
(2)
Public electric vehicle charging stations must be reserved for
parking and charging electric vehicles. Electric vehicles may be parked
in any space designated for public parking, subject to the restrictions
that apply to any other vehicle.
(c)
Equipment. Vehicle charging equipment must be designed and located
so as not to impede pedestrian, bicycle or wheelchair movement or
create safety hazards on sidewalks.
(d)
Posted information.
(1)
Information must be posted identifying voltage and amperage
levels and any type of use, fees, or safety information related to
the electric vehicle charging station.
(2)
Public electric vehicle charging stations must be posted with
signs indicating that the space is reserved for electric vehicle charging
purposes only. For purposes of this provision, "charging" means that
an electric vehicle is parked at an electric vehicle charging station
and is connected to the battery charging station equipment.
(e)
Maintenance. Electric vehicle charging stations must be maintained
in all respects, including the functioning of the equipment. A phone
number or other contact information must be provided on the equipment
for reporting when it is not functioning or other problems are encountered.
[Ord. No. 19-2020, 6-8-2020]
(a)
Allowed use. One roadside farm stand is allowed as an accessory
use for each crop farm or community garden use located in an AG or
RE District.
(b)
Additional regulations.
(1)
Farm stands may be used only for the sale of products raised
on the premises.
(2)
Allowed farm stands must be operated by a resident of the subject
property.
(3)
Off-street parking must be provided for a minimum of four vehicles.
Driveways and vehicle access points must be located so as to minimize
possible interference with the normal flow of highway traffic.
(4)
Farm stands may not be located in a manner that would create
a traffic hazard or nuisance.
(5)
Farm stands must be set back at least 30 feet from street rights-of-way
lines and at least 20 feet from any other lot line.
[Ord. No. 19-2020, 6-8-2020]
(a)
General. Geothermal energy systems are permitted as an accessory
use in all zoning districts.
(b)
Location.
(1)
Geothermal energy systems must be located entirely within the
lot lines of the subject property or within appropriate easements.
(2)
No portion of a geothermal energy system may be located within
a stream or stream buffer.
[Ord. No. 19-2020, 6-8-2020]
(a)
Purpose. The home occupation regulations of this section are
intended to allow residents to engage in customary home-based work
activities, while also helping to ensure that neighboring residents
are not subjected to adverse operational and land use impacts (e.g.,
excessive noise or traffic or public safety hazards) that are not
typical of the neighborhoods or areas in which the home occupation
is located.
(b)
Types of home occupations. Three types of home occupations are
defined and regulated under this section:
(1)
Type A residential home occupations. Type A residential home
occupations are those in which household residents use the dwelling
unit they occupy as a place of work, but no employees, customers or
clients come to the site.
(2)
Type B residential home occupations. Type B residential home
occupations are those in which household residents use the dwelling
unit they occupy as a place of work and either one nonresident employee
or customers come to the site.
(3)
Rural home occupations. Rural home occupations are those that
do not comply with the Type A or Type B residential home occupation
regulations and in which household residents use the dwelling unit
they occupy or an accessory building as a place of work.
(c)
Exemptions.
(1)
Group living. Group living uses are not considered home occupations
and are not subject to the residential home occupation regulations
of this section. Group living is allowed as indicated in Table 90-310-1.
(2)
Family day-care homes. Family day-care homes are not considered
home occupations and are not subject to the residential home occupation
regulations of this section. Family day-care homes are allowed only
as indicated in Table 90-310-1.
(3)
Bed-and-breakfast inn. Bed-and-breakfast inns are not permitted
as home occupations and are not subject the residential home occupation
regulations of this section. Bed-and-breakfasts are allowed only as
indicated in Table 90-310-1.
(4)
Short-term rentals. Short-term rentals are not considered home
occupations and are not subject the residential home occupation regulations
of this section. Short-term rentals are allowed only as indicated
in Table 90-310-1.
(d)
Allowed uses. The home occupation regulations of this section
establish regulations and standards for home-based work activities
rather than limit the range or work activities to a specific list
of occupations. Uses that comply with all applicable regulations of
this section are allowed by right unless otherwise expressly stated.
(e)
Where allowed.
(1)
Type A residential home occupations. Type A residential home
occupations are permitted as of right as an accessory use to a principal
use in the household living use subcategory. Type A residential home
occupations are subject to the general regulations of Subsection (f)
and all other applicable regulations of this section. More than one
Type A residential home occupation is allowed as an accessory use,
but the general regulations of Subsection (f) apply to the combined
residential home occupation uses.
(2)
Type B residential home occupations. Type B residential home
occupations may be approved as an accessory use to a principal use
in the household living use subcategory. Type B residential home occupations
are subject to the general regulations of Subsection (f), the supplemental
regulations of Subsection (h) and all other applicable regulations
of this section. Multiple Type B residential home occupations are
prohibited as an accessory use, and a Type A residential home occupation
may not be conducted in conjunction with a Type B residential home
occupation.
(3)
Rural home occupations. Rural home occupations may be approved
as an accessory use to a principal use in the household living use
subcategory or agriculture use category only in the RE, AG-1 or AG-2
Districts. Rural home occupations are subject to the general regulations
of Subsection (f), the supplemental regulations of Subsection (i)
and all other applicable regulations of this section. Multiple rural
home occupations are prohibited as an accessory use, and a rural home
occupation may not be conducted in conjunction with a Type B residential
home occupation.
(f)
General regulations for residential home occupations. All Type
A and Type B residential home occupations are subject to the following
general regulations:
(1)
Residential home occupations must be accessory and secondary
to the use of a dwelling unit for residential purposes. They may not
change the character of the residential building they occupy or adversely
affect the character of the surrounding neighborhood. Residential
home occupations may not, for example, produce light, noise, vibration,
odor, parking demand, or traffic impacts that are not typical of a
residential neighborhood in Mount Pleasant. Residential home occupations
must be operated so as not to create or cause a nuisance.
(2)
Any tools or equipment used as part of a residential home occupation
must be operated in a manner or sound-proofed so as not to be audible
beyond the lot lines of the subject property.
(3)
External structural alterations or site improvements that change
the residential character of the lot upon which a residential home
occupation is located are prohibited. Examples of such prohibited
alterations include construction of parking lots, the addition of
commercial-like exterior lighting or the addition of a separate building
entrance that is visible from abutting streets.
(4)
Residential home occupations and all related activities, including
storage (other than the lawful parking or storage of vehicles), must
be conducted entirely within the dwelling unit.
(5)
No window display or other public display of any material or
merchandise is allowed.
(6)
The use or storage of hazardous substances is prohibited, except
at the "consumer commodity" level, as that term is defined in 49 CFR
171.8.
(7)
Only licensed automobiles, passenger vans and passenger trucks
may be used in the conduct of a residential home occupation. No other
types of vehicles may be parked or stored on the premises. This provision
is not intended to prohibit deliveries and pickups by common carrier
delivery vehicles (e.g., postal service, United Parcel Service, Fed
Ex, et al.) of the type typically used in residential neighborhoods.
(8)
The following uses are expressly prohibited as residential home
occupations:
a.
Any type of assembly, cleaning, maintenance or repair of vehicles
or equipment with internal combustion engines or of large appliances;
b.
Dispatch centers or other businesses where employees come to
the site and are dispatched to other locations;
c.
Equipment supply or equipment rental businesses;
d.
Taxi, limo, van or bus services;
f.
Eating or drinking places;
g.
Funeral or interment services;
h.
Animal care, grooming or boarding businesses; and
i.
Any use involving the use or storage of vehicles, products,
parts, machinery or similar materials or equipment outside of a completely
enclosed building.
(g)
Supplemental regulations for Type A residential home occupations.
(1) All individuals engaged in a Type A residential home occupation must
reside in the dwelling unit in which the residential home occupation
is located as their primary place of residence.
(2)
No nonresident employees or customers are allowed except for
the instruction, teaching or tutoring of no more than four students
at one time.
(3)
The area devoted to the conduct of all Type A residential home
occupations present on the subject property is limited to 33% of the
dwelling unit's floor area or 750 square feet, whichever is less.
(h)
Supplemental regulations for Type B residential home occupations.
(1)
Type B residential home occupations are allowed only if reviewed
and approved in accordance with the Zoning Compliance Permit procedures
of Division 90-580.10 along with a signed disclosure acknowledging
the regulations of this section, provided that instruction, teaching
or tutoring of no more than four students at one time is permitted
by right.
[Amended 4-25-2022 by Ord. No. 16-2022]
(2)
One nonresident employee is allowed with a Type B residential
home occupation if no customers come to the site at any time. Residential
home occupations that have clients, customers or students coming to
the site at any time may not have nonresident employees. For the purpose
of this section, the term "nonresident employee" includes an employee,
business partner, co-owner or any other person affiliated with the
residential home occupation, who does not live at the site, but who
visits the site as part of the residential home occupation.
(3)
Customer visits are allowed only between the hours of 7:00 a.m.
and 7:00 p.m.
(4)
The area devoted to the conduct of all Type B residential home
occupations present on the subject property is limited to 49% of the
dwelling unit's floor area or 1,000 square feet, whichever is less.
(i)
Supplemental regulations for rural home occupations.
(1)
Rural home occupations are allowed only if reviewed and approved
in accordance with the conditional use procedures of Division 90-550.
(2)
A maximum of three nonresident employees are allowed with a
rural home occupation.
(3)
Customer visits are allowed only between the hours of 7:00 a.m.
and 7:00 p.m.
(4)
Rural home occupations must be accessory and secondary to the
use of a dwelling unit for residential purposes or accessory to any
on-site agricultural use. They may not change the character of the
property they occupy or adversely affect the character of the surrounding
area. Rural home occupations may not, for example, produce light,
noise, vibration, odor, parking demand, or traffic impacts that are
not typical of a rural or semirural area in Mount Pleasant. Rural
home occupations must be operated so as not to create or cause a nuisance.
(5)
Rural home occupations may be conducted within the principal
dwelling unit or within an accessory building, provided that the total
accessory building floor area occupied by a rural home occupation
may not exceed 3,000 square feet.
(6)
Accessory buildings in which rural home occupations are conducted
must be set back at least 150 feet from R-zoned lots.
(7)
The following uses are expressly prohibited as rural home occupations:
a.
Any type of motor vehicle repair.
b.
Dispatch centers or other businesses where employees come to
the site and are dispatched to other locations.
c.
Equipment supply or equipment rental businesses.
d.
Taxi, limo, van or bus services.
f.
Eating or drinking places.
g.
Funeral or interment services.
h.
Kennels and dog boarding.
i.
Any use involving the use or storage of vehicles, products,
parts, machinery or similar materials or equipment outside of a completely
enclosed building.
[Ord. No. 19-2020, 6-8-2020]
The regulations of this section govern the keeping of honeybees
as an accessory use in all districts except RE, AG-1, and AG-2. See
Division 90-340 for regulations that apply in RE, AG-1 and AG-2 Districts.
(a)
No more than six hives may be located on a lot.
(b)
Hives may not exceed 20 cubic feet in volume.
(c)
Hives must be set back at least three feet from all lot lines.
(d)
Hives must be set back at least 10 feet from public sidewalks
and at least 25 feet from a principal building on an adjoining lot.
(e)
A constant supply of water must be provided for all hives.
(f)
A flyway barrier at least six feet in height must be provided
to shield any part of a property line that is within 25 feet of a
hive. The flyway barrier must consist of a wall, fence, dense vegetation
or a combination of such features.
(g)
The owner, operator or tenant must obtain a zoning compliance permit in accordance with §
90-580.20.
(h)
The applicant for the permit must notify all residents of the
subject property and the owner of the subject property if the applicant
is not the owner.
[Ord. No. 19-2020, 6-8-2020]
The regulations of this section govern the keeping of chickens
as an accessory use in all districts except RE, AG-1, and AG-2. See
Division 90-340 for regulations that apply in RE, AG-1 and AG-2 Districts.
(a)
The keeping of up to four chickens is allowed as an accessory
use on lots occupied by three or fewer dwelling units.
(b)
The keeping of up to eight chickens is allowed as an accessory
use to a museum or school or day-care center.
(c)
The keeping of roosters is prohibited.
(d)
On-site slaughter of chickens is prohibited.
(e)
Chickens must be provided with a covered enclosure and must
be kept in the covered enclosure or a fenced enclosure at all times.
(f)
The enclosure must be located at least 25 feet from any residential
building on an adjacent lot.
(g)
The owner, operator or tenant must obtain a zoning compliance permit in accordance with §
90-580.20.
(h)
The applicant for the permit must notify all residents of the
subject property and the owner of the subject property if the applicant
is not the owner.
[Ord. No. 19-2020, 6-8-2020]
(a)
The residential composting regulations of this section apply
to all R Districts.
(b)
The composting of landscape waste (including grass clippings,
leaves, and chipped brush) and food waste (including discarded fruits,
vegetables, and grains) is an allowed accessory use in residential
zoning districts, subject to the regulations of this section.
(c)
Only landscape waste generated from plants grown and maintained
on the subject lot may be composted. This provision is not intended
to prohibit property owners from adding outside materials or ingredients
to speed or enhance decomposition.
(d)
Only food waste resulting from food preparation or consumption
by residents of the subject lot and their visitors may be composted.
This provision is not intended to prohibit property owners from adding
outside materials or ingredients to speed or enhance decomposition.
Meat products are prohibited in residential compost bins.
(e)
All food waste must be placed within rodent-resistant compost
bins, which are prohibited in front and rear yards and must be set
back at least 10 feet from all lot lines.
(f)
Landscape waste compost piles may not exceed 125 cubic feet
in volume, and may not exceed five feet in height.
(g)
Landscape waste compost piles must be set back at least 10 feet
from all lot lines. Landscape waste compost piles that are not contained
within a rodent-resistant compost bin must be set back at least 30
feet from all dwelling units on abutting lots.
(h)
Only animal waste from herbivores is allowed within compost
piles or bins.
(i)
Burning of compost piles is not allowed.
[Ord. No. 19-2020, 6-8-2020]
(a)
Applicability. Satellite dish antennas are subject to compliance
with the regulations of this section.
(b)
Location.
(1)
In R Districts, satellite dish antennas must be located in the
rear yard or the rear of the principal building. If usable communication
signals cannot be obtained from the rear location, the satellite dish
antenna may be located in the side yard or on the side of the principal
building. If usable satellite television communication signals cannot
be received by locating the antenna to the rear or side of the principal
building, the antenna may be placed in the front yard or on the front-facing
roof of the principal building, provided that a) the dish diameter
does not exceed 18 inches and b) the Community Development Department
Director's approval is obtained prior to such installation. The Community
Development Department Director is authorized to approve a front yard
location only upon a showing by the applicant that usable communication
signals are not receivable from any location on the property other
than the location selected by the applicant.
(2)
In all districts other than R Districts, satellite dish antennas
may be located anywhere upon a building or within the buildable area
of the lot, subject to applicable zoning district setback regulations.
(c)
Other regulations.
(1)
In all R Districts, satellite dish antennas may not exceed 36
inches in diameter.
(2)
A ground-mounted satellite dish antenna may not exceed 20 feet
in height, including any platform or structure upon which the antenna
is mounted or affixed.
(3)
Roof-mounted satellite dish antenna may not exceed the height
of the elevation of the ridgeline of the principal structure.
(4)
If usable satellite signals cannot be obtained from an antenna
installed in compliance with the height limitations imposed by this
section, such satellite dish antennas may be installed at a greater
height, provided that the height is approved by the Community Development
Department Director. The Community Development Department Director
is authorized to approve a greater height upon a showing by the applicant
that installation at a greater height is necessary for the reception
of usable communication signals.
(5)
All satellite dish antennas must comply with all manufacturers'
specifications, be located on noncombustible and corrosion-resistant
material, and be erected in a secure, wind-resistant manner.
(6)
All satellite dish antennas must be adequately grounded for
protection against a direct strike of lightning pursuant to the requirements
of the city electrical code.
[Ord. No. 19-2020, 6-8-2020]
(a)
Description. Secondary suites are accessory dwelling units contained
wholly within the principal dwelling unit on the property (i.e., detached
house).
(b)
Applicability. All secondary suites are subject to compliance
with the regulations of this section.
(c)
Where allowed. Secondary suites are allowed only on lots occupied
by a single detached house. They are permitted by right in all R Districts.
(d)
Creation. Secondary suites may be created by:
(1)
Converting existing floor area within the interior of a detached
house (e.g., attic or basement) to an accessory dwelling unit;
(2)
Adding floor area to an existing detached house to accommodate
an accessory dwelling unit; or
(3)
Constructing a new detached house that includes an accessory
dwelling unit within the principal building.
(e)
Zoning district regulations. Secondary suites are subject to
all applicable regulations of the zoning district in which they are
located, unless otherwise expressly stated in this chapter.
(f)
Code compliance. Secondary suites must comply with all applicable
building and fire codes.
(g)
Number. No more than one secondary suite is permitted on a single lot. Secondary suites are prohibited on lots occupied by a backyard cottage. (See §
90-110.140.)
(h)
Size. The floor area of a secondary suite may not exceed 40%
of the gross floor area of the principal dwelling unit (excluding
any attached garage).
(i)
Number of residents. The total number of residents that reside
in the secondary suite and the principal dwelling unit, combined,
may not exceed the number permitted for a household.
(j)
Parking. No additional parking is required for a secondary suite.
Any provided parking is subject to the same regulations that apply
to the principal dwelling unit.
(k)
Location of entrances. Only one entrance to a detached house
containing a secondary suite may be located on a facade that faces
a street, unless the detached house had an additional street-facing
entrance before the secondary suite was created.
(l)
Rental. No more than one of the dwelling units on a lot occupied
by a secondary suite may be a rental dwelling unit. Secondary suites
may not be rented for periods of less than seven consecutive days.
[Amended 3-22-2021 by Ord. No. 05-2021]
[Ord. No. 19-2020, 6-8-2020]
(a)
General.
(1)
Accessory solar energy systems must comply with all applicable
building ordinance and electrical code requirements.
(2)
Owners of accessory solar energy systems are solely responsible
for negotiating with other property owners for any desired solar easements
to protect access to sunlight. Any such easements must be recorded
with the County Recorder of Deeds.
(b)
Building-mounted solar energy systems.
(1)
Building-mounted solar energy systems may be mounted on principal
and accessory structures.
(2)
All applicable setback regulations apply to building-mounted
solar energy systems.
(3)
Only building-integrated and/or flush-mounted solar energy system
may be installed on street-facing building elevations.
(4)
Solar energy systems may not extend more than three feet above
the applicable maximum building height limit or more than four feet
above the highest point of the roofline, whichever is less.
(c)
Ground-mounted solar energy systems.
(1)
In residential zoning districts, ground-mounted solar energy
systems may not be located in a required street setback or street
yard.
(2)
Ground-mounted solar energy systems may be located within required
interior side and rear setbacks.
(3)
Ground-mounted solar energy systems are subject to applicable
accessory structure height and lot coverage regulations.