§ 35-370. Accessory Use and Structure Regulations.
(a)
Accessory Uses.
(1)
An accessory use shall not be larger than twenty-five (25) percent of the gross floor area of the principal use.
(2)
Notwithstanding specific limitations in Table 311-2, an accessory use shall only be allowed in a zoning district where it is permitted as a principal/primary use, and in a district of lesser intensity (as further depicted in Table 311-2), pursuant to the following table:
(A)
Use authorized as a principal use by right in:(B)
May be permitted as an accessory use in:L or I-1 I-2 L, C-3, O-2, C-2, C-1, O-1, O-1.5, or NC I-1 C-3, O-2, C-2, C-1, O-1, O-1.5, or NC L C-3, O-2, C-2, C-1, O-1, O-1.5, or NC D O-2, C-2, C-1, O-1, O-1.5, or NC C-3 C-2, C-1, O-1, O-1.5, or NC O-2 C-1, O-1, O-1.5, or NC C-2 O-1, O-1.5, or NC C-1 O-1 or O-1.5 NC (3)
Uses that are only allowed by approval of a specific use authorization ("S") and not permitted by right ("P") in any zoning district shall not be allowed as an accessory use.
(4)
Uses that are only allowed by-right in the "I-2" heavy industrial district or "MI-2" mixed heavy industrial district shall not be allowed as accessory uses in a less intense zoning district, unless they occupy no more than ten (10) percent of the gross floor area of the principal use and are fully enclosed within the principal structure.
(5)
Residentially zoned property shall not have accessory uses [save home occupations (see section 35-378); ADDUs (see section 35-371); or typical residential accessory structures, e.g. garages (attached or detached); carports; fences; storage sheds; swimming pools; greenhouses/gazebos; sport courts; etc.].
(6)
A use specifically prohibited by an overlay district, such as the "RIO" or "ERZD" shall not be permitted as an accessory use when located within such an overlay district.
(7)
Sales of alcoholic beverages for on- or off-premises consumption may not be an accessory use within the respective "NA" or "R" classifications.
(8)
Where accessory uses are permitted, the standards of the applicable base zoning district, as well as any overlay district on the property, shall apply including but not limited to setbacks, building heights, landscaping and other requirements outlined in this chapter except where otherwise provided in section 35-370.
(9)
Temporary uses may be permitted pursuant to section 35-391.
(b)
Accessory Structures.
(1)
Accessory structures exceeding thirty (30) inches in height shall be located a minimum distance of five (5) feet from any side or rear property line. In residential districts, however, if an accessory structure has no sills, belt courses, cornices, buttresses, eaves, or similar projecting architectural features, then the minimum distance from any side or rear property line may be reduced to three (3) feet.
(2)
Accessory structures on reverse corner lots shall maintain a minimum distance from the side street lot line equal to the depth of the front setback required on the lot to the rear.
(3)
The maximum lot coverage of all accessory structures shall not exceed fifty (50) percent of the total area of the side and rear yards, provided that in residential districts the total floor area does not exceed a maximum of two thousand five hundred (2,500) square feet.
(4)
Within nonresidential districts, accessory structures, except for carports, are prohibited within the side and rear setback areas of lots adjacent to residential district. The total floor area of all accessory structures shall not exceed two thousand five hundred (2,500) square feet.
(5)
Accessory structures intended for use as accessory dwelling units shall also conform to the provisions of section 35-371.
(6)
Accessory structures shall only be permitted within the side or rear yard area within all single-family and mixed residential districts, as identified in section 35-303, with the exception of carports and garages permitted pursuant to section 35-516(g). Subsection (6) shall not apply to residentially zoned property when the primary use is a church, school or other permitted nonresidential use.
(Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12)