Accessory uses are permitted in any zoning district in connection with any principal use which is permitted.
A. Definitions. An accessory use is a structure or use which:
1. Is subordinate to and serves a principal building or use;
2. Is subordinate in area, extent or purpose to the principal building or use served; however, this does not preclude recreational areas for tennis, swimming, racquetball, basketball and similar activities;
3. Contributes to the comfort, recreation, convenience or necessity of occupants, business or industry in the principal building or use served; and
4. Is located on the same zoning lot as the principal building or use served.
B. Permitted Accessory Uses. Any structure or use that complies with the terms of Section 6-100A may be allowed as an accessory use or structure and may be included, but is not limited to the following list of examples:*
1. Off-street parking and loading space as regulated by Article 5 of these regulations, including detached garages and carports which may contain incidental storage.
2. Signs, when permitted by Article 7 of these regulations.
3. Structures exclusively for storage; provided, no structure accessory to a residential building shall exceed 200 square feet in gross floor area, except 500 square feet is permitted in the R-1 District and 300 square feet in the R-2 District.
4. Storage of major recreational equipment such as boats, camping trailers or motor homes; provided, that they shall not be utilized for living purposes, except for the convenience of temporary lodging only for not more than 15 days at any one time.
5. Storage outside both above or below ground level of petroleum products for fueling vehicles related to the operation of the principal use on commercial and industrial lots only and for sale at automobile and truck service stations.
6. Fallout shelters; detached, rack mounted solar equipment; and satellite receiving antennas greater than one meter in diameter accessory to residential structures, limited to not exceed 15 feet in height above the maximum height of the principal structure and not located in front of the principal structure.
7. Wireless communication facilities in accordance with Article 3-103Q amateur radio and private dispatch systems.
8. Storm shelters, children’s playhouses, statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls, bathhouses and permanent-type swimming pools.
9. Guest houses without kitchen facilities or rooms for guests in accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.
10. Restaurants, pharmacies, gift shops, beauty parlors, barber shops and newsstands when located in a permitted hotel or motel.
11. For employees only, child care centers and restaurants when located in a permitted business or industrial building.
12. Recycling collection centers, large and small. (See Section 2-102 for definition of recycling center.)
13. Outdoor storage shall not be permitted as an accessory use, except as specifically permitted in these regulations. (See Section 2-102 for definition of outside storage and Section 3-103N3 for manufactured/mobile homes as storage structures.)
Zoning permits are required only for accessory structures which exceed 100 square feet of ground area; however, permits are required for fences in the front yard setback and for satellite dish antennas. (For other accessory zoning permits, see Section 6-101 for temporary uses, Section 6-102 for home occupations, Section 5-100 for parking spaces and loading areas and Article 7 for signs.).
C. Bulk Regulations.
1. Accessory structures shall be set back five feet from the rear lot line; except that garages with entrances facing alleys shall be set back at least 20 feet.
2. Accessory structures and uses shall maintain the same side and front yard setback as is required for the principal structure, unless they are permitted obstructions within the provisions of Section 3-103f; provided that storage buildings may be four feet from the side yard property except where a solid fence of at least six feet exists, in which case such buildings may abut the property line.
3. No part of any accessory building, except a detached garage, shall be located closer than 10 feet to any principal structure, unless it is attached to and forms a part of the principal structure.
4. Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located; except that the aggregate total floor area occupied by all accessory buildings and structures in all residential districts shall not exceed: (1) twice the maximum gross floor area permitted for an accessory storage structure, or (2) the gross floor area occupied by the principal structure, whichever is lesser.
D. Use Limitations. All accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located with the following additional use limitations:
1. No accessory structure shall be constructed and occupied on any zoning lot prior to the time construction begins on the principal structure to which it is accessory. (See Section 6-100A4.)
(Ord. 1569)
The following uses of land are permitted in each zoning district unless specifically restricted to particular zoning districts and are subject to the regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:*
A. Permits for carnivals, circuses, musical festivals, annual celebrations or similar events may be approved with conditions by the City. Such uses need not comply with the bulk or lot size requirements; provided, that structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curb line of any two streets.
B. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided, that no tree shall be displayed within 30 feet of the intersection of the curb line of any two streets.
C. Contractors' office and equipment sheds, containing no sleeping or cooking accommodations, accessory to a construction project and to continue only during the duration of such project.
D. Seasonal sale of farm produce grown on the premises in a single-family residential district to continue for not more than six months per year. Small, temporary structures on private property incidental to such sale need not comply with the applicable front yard requirements.
E. Promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than two consecutive weeks in any three month period and retail business may display merchandise of a type generally sold within the building in the area immediately adjacent to the building subject to the following conditions:
1. No portion of the display shall be on publicly owned property, unless the applicant shall first have obtained approval for such use from the City.
2. These provisions shall in no way be deemed to authorize the outdoor display or the sale of used goods such as furniture, appliances, plumbing, housewares, building material or similar display or sale in any business or industrial districts unless permitted otherwise by these regulations.
F. Periodic conduct of what is commonly called “garage or yard sales” which do not exceed a period of more than three days during any one sale and no more than two sales to be held at the same residence during any calendar year.
G. Recycling centers, small and large, periodically operated not for profit in business and industrial districts only for not more than 10 days in one period and for no more than three time during any 12-month period consistent with adequate provisions for public health and safety. (See Section 6-101 for zoning permit.)
H. Fireworks may be sold from an outside stand during the months of June and July as approved by State law and when all other applicable City regulations for a permit have been met and such stand removed at all other times of the year.
Zoning permits are only required for carnivals, circuses, music festivals, annual celebrations and similar community events; and fireworks stands. A recycling center is also required to obtain a permit, but no fee is charged.
Home occupations that are customarily incidental to the principal use of a residential building or manufactured/mobile home shall be permitted provided the residential appearance of the building or home is maintained and no undue traffic or parking problems are created. If such a home occupation is conducted in a business or industrial district as a legal, nonconforming use, all the provisions of this section must be adhered to unless a zoning permit and/or an occupancy certificate is obtained to operate the property and structure(s) thereon as a use meeting all the provisions of the applicable business or industrial district.*
A. Definition. A business, profession, occupation, or trade conducted for gain or support entirely within a residential building or manufactured/mobile home, or within a permitted structure that is accessory to such a building or home.
B. Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
1. The home occupation shall be conducted entirely within the principle residential structure or a garage, swimming pool, or an accessory structure. (See Section 6-100B3 for limitation on storage structure.)
2. No alteration of the principal residential structure shall be made which changes the character thereof as a residence or causes goods to be displayed visibly from the residence or on the premises.
3. No more than 25% of the gross floor area of the residence shall be devoted to the home occupation; provided, however, that rooms let to boarders and roomers are not subject to this limitation. (See Section 2-102 for definition of boarding and rooming house.)
4. Goods or stock for sale on or off the premises may be stored or displayed in fully enclosed areas in the principal or accessory structures. Articles which may constitute a hazard to the safety of adjacent property owners or tenants shall not be stored or used on the premises.
5. There shall be no outdoor storage of equipment or materials used in the home occupation.
6. No equipment or process shall be used which shall create undue noise, smoke or particulate matter emission, vibrations or odors that are detectable to the normal senses off the lot. In case of electrical interference, no equipment or process shall be used which creates a visual effect or an audible interference off the premises in any radio or television receiver or transmitter or causes fluctuation in the voltage.
7. No more than one person other than a member of the immediate family occupying such residence shall be employed; provided, however, that no such person is employed in a two-family or multiple-family dwelling or in a manufactured/mobile home park.
* Zoning permits are required only when a home occupation sign is displayed or an accessory structure is used.
C. Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations provided; however, that each listed occupation shall be subject to the requirements of Section 6-102A and B:
1. A seamstress or tailor.
2. A teacher, including music and dance instructions, provided that instructions shall be limited to two pupils at any time, except for occasional groups.
3. An artist, author, composer, photographer or sculptor.
4. Office facilities for an accountant, architect, attorney, building contractor, dentist, engineer, landscape architect, physician, real estate or insurance agent and a member of similar profession.
5. A minister, priest or rabbi.
6. Office facilities for a route salesman, sales representative or manufacturer’s representative.
7. Home crafts, such as cabinet making, model making, lapidary work, rug weaving and the like.
8. Adult care center for not more than four adults, adult care home, boarding home for children, day care home and family and group day care home.
9. A barber or beautician; provided, that only one operator shall be permitted.
D. Home Occupations Prohibited. Permitted home occupations, for example, shall not in any event be deemed to include:
1. An animal kennel, hospital or stable.
2. An automobile and other vehicular repair shop or sales of such vehicles which exhibit a pattern of regular or continuous sales. A person holding a State Vehicle Dealer's License may not operate as a home occupation. This shall not prevent the periodic sale of a vehicle, which is owned and operated for personal use.
3. A child care center and preschool, unless specifically permitted by the district regulations.
4. A dancing school, except as provided for in Section 6-102C2.
5. An excavating or heavy equipment operator.
6. A funeral home.
7. A grocery store.
8. A massage parlor.
9. A medical or dental clinic.
10. Renting of trailers, motorcycles, tools or equipment.
11. A restaurant.
12. Sale of firearms or ammunition; however, the repair of firearms is not prohibited.
(Ord. 1530)