§ 7.4 ACCESSORY USES AND STRUCTURES.

7.4.1 Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The town’s intent in adopting this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

7.4.2 General standards and limitations.

(A) Compliance with ordinance requirements. All accessory uses and accessory structures shall conform to the applicable requirements of this ordinance. The provisions of this section establish additional standards and restrictions for particular accessory uses and structures.

(B) General standards. All accessory uses and accessory structures shall meet the following standards:

(1) Directly serve the principal use or structure;

(2) Be customarily accessory and clearly incidental and subordinate to principal use or structure;

(3) Be subordinate in area, extent, and purpose to the principal use or structure;

(4) Be owned or operated by the same person as the principal use or structure;

(5) Be located on the same lot as the principal use or structure;

(6) Together with the principal use or structure, not violate the bulk, density, parking, landscaping, or open space standards of this ordinance;

(7) Not be constructed or established prior to the time the principal use or structure is constructed or established; and

(8) Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).

(C) Approval of accessory uses and structures. Unless otherwise specified in this section, any accessory use or accessory structure shall be treated as a permitted use in the Base Zoning District in which it is located. An accessory use or structure may be approved in conjunction with approval of the principal use or structure.

(D) Table of permitted accessory uses.

(1) Table as guide. Table 7-2, Table of Permitted Accessory Uses, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.

(2) Listed accessory uses. Table 7-2, Table of Permitted Accessory Uses, lists what types of accessory uses, structures, and activities are allowed in each of the zoning districts. If a specific accessory use is allowed in a Base Zoning District, the column underneath the zoning district is marked with a “P”. If the accessory use or structure is not allowed in a zoning district, the column is blank. If there is a reference contained in the column entitled “Additional Requirements”, refer to the cited section(s) for additional standards that apply to the specific accessory use.

(3) Interpretation of unidentified accessory uses. The Ordinance Administrator shall evaluate potential accessory uses that are not identified in Table 7-2, Table of Permitted Accessory Uses, on a case-by-case basis, as an interpretation (see division 7.1.3). In making the interpretation, the Ordinance Administrator shall apply the following standards:

(i) The definition of “accessory use” and the general accessory use standards established in this division 7.4.2, General Standards and Limitations;

(ii) The additional regulations for specific accessory uses established in division 7.4.3, Specific Standards for Certain Accessory Uses;

(iii) The purpose and intent of the zoning district in which the accessory use is located;

(iv) Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zoning district; and

(v) The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district.

(4) Table of permitted accessory uses. Table 7-2, Table of Permitted Accessory Uses, on the following page, specifies the zoning district where accessory uses may be permitted.

(E) Location of accessory uses or structures.

(1) No accessory use, structure, or activity, except for permitted fences or walls erected on a property line or an ornamental pond, shall occupy or take place in a required front setback.

(2) Accessory structures may be set back a minimum of five feet from side and rear property lines.

(3) No accessory structure shall project beyond the front building line of the principal structure or site.

(4) Except for fences, walls, and unenclosed carports, no detached accessory structures shall be located within five feet of a principal structure or any other accessory structure.

(5) No accessory structure shall be located within any platted or recorded easement or over any known utility.

(F) Maximum height.

(1) Any accessory structure located within ten feet of any lot line shall not exceed 12 feet in height at its highest point.

(2) In all residential Base Zoning Districts, accessory structures shall not exceed the height of the principal structure.

Table 7-2 Table of Permitted Accessory Uses

P = Permitted

Zoning Districts

Additional Requirements

Accessory Use Type

RMX

RMF

Accessory Dwelling Unit

7.4.3(A)

Accessory Storage Building

7.4.2(E)

Amateur Ham Radio/TV Antenna

7.4.3(B)

Auto Repair at a Residential Use

7.4.3(C)

Canopies

7.4.3(D)

Drive Through Facilities

7.4.3(E)

Fences and Walls

8.1

Garages

7.4.3(F)

Heavy Equipment Sales Auction Parking

7.4.3(P)

Home Daycare (up to 5 children)

7.4.3(O)

Home Daycare (6 to 8 children)

7.4.3(O)

Home Occupations

7.4.3(G)

Outdoor Display/Sales

7.4.3(H)

Outdoor Storage

7.4.3(I)

Portable Shipping Container

7.5.3(B)

Produce Stand

7.4.3(J)

Satellite Dish

7.4.3(K)

Stable/Horses, Ponies, Mules, or Donkeys

7.4.3(L)

Storage or Parking of Major Recreational Equipment

7.4.3(M)

Storage or Parking of Heavy Trucks or Trailers

7.4.3(M)

Swimming Pool

7.4.3(N)

(G) Maximum size.

(1) The aggregate square footage of accessory structures associated with a residential principal use shall not exceed 10% of the lot area.

(2) The aggregate square footage of accessory structures associated with a nonresidential use shall not exceed 30% of the square footage of the principal use on the lot.

(3) Accessory structures associated with agricultural uses shall be exempt from all limits on aggregate square footage.

(4) Single-family residential properties over two acres may apply for a special use permit for a larger accessory structure and/or a greater aggregate square footage of accessory structures. The aggregate square footage of accessory structures may not exceed 150% of the primary structure.

7.4.3 Specific standards for certain accessory uses.

(A) Accessory dwelling units. Accessory dwelling units shall comply with the following standards.

(1) Not more than one accessory dwelling unit per lot shall be permitted.

(2) Accessory dwelling units shall be located within (e.g., a downstairs apartment) or behind the principal structure as a freestanding building or above a detached outbuilding.

(3) The use of mobile homes, travel trailers, campers, tractor trailers, or similar vehicles as an accessory dwelling unit shall be prohibited.

(4) The accessory dwelling unit shall be at least 300 square feet in size, but shall not exceed 50% of the gross habitable floor area of the principal structure.

(5) Accessory dwelling units shall be served by at least one off-street parking space (in addition to the required off-street parking serving the principal use), but in no instance have more than two off-street parking spaces.

(6) Accessory dwelling units shall be of durable exterior building materials that are the same or higher quality as surrounding developments, and shall not adversely affect adjacent uses (when the principal structure is predominately brick or stone, the introduction of smooth wood or fibrous cement siding is appropriate to reinforce the ancillary and subordinate nature of the accessory dwelling unit).

(7) Accessory dwelling units shall not be sold apart from the principal structure.

(8) Accessory dwelling units shall not include home occupations.

(B) Amateur ham radio and television antennas.

(1) Towers associated with a ham radio operator or private television antenna shall not exceed 90 feet above grade.

(2) Towers or antennas attached to a principal structure shall be located on a side or rear elevation.

(3) Freestanding towers or antennas shall be located behind the principal structure.

(1) Outdoor automotive repair at a residential use shall be limited to single-family detached dwellings.

(2) Automobile repair activities shall be limited to vehicles owned by the person inhabiting the principal use.

(3) In no instance shall there be more than one inoperable vehicle located outside a fully enclosed structure.

(4) Activities that create objectionable noise shall not take place between the hours of 9:00 p.m. and 7:00 a.m.

(5) Vehicles in repair must be stored out of sight of a public right-of-way.

(D) Canopies.

(1) Except when located 100 or more linear feet away from the principal structure, canopies covering a drive through shall use a similar roof form, pitch, and materials to appear as an extension of the roof covering the principal structure.

(2) Canopies shall have a maximum height of 15 feet measured from the finished grade to the underside of the canopy.

(3) The design of the canopy, including any columns, shall match the design and exterior building materials of the principal building.

(4) Canopies covering fuel pumps may include logos or trademarks, but shall not include any other signage or advertising.

(5) In addition to meeting the standards in § 8.3, Outdoor Lighting, canopies shall not be internally illuminated, and any exterior lighting associated with a canopy shall be shielded so that the source of illumination is not visible from off-site areas.

(E) Drive through facilities.

(1) Drive through facilities shall be located at least 100 linear feet from any residential district or lot used for residential purposes.

(2) Vehicle stacking spaces for drive through window uses shall be located outside of and physically separated from the right-of-way of any street.

(3) Vehicle stacking spaces shall not interfere with the efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way.

(4) Drive through facilities shall be located to the side or rear of the principal structure they serve.

(5) Menu boards shall not be visible from the road the building is fronting.

(6) Drive through facilities may be subject to town-imposed conditions relating to the location, configuration, and operational aspects of the drive through window to ensure its compatibility with surrounding uses and its compliance with the building codes and all relevant state laws and regulations.

(F) Garages. Detached garages shall not exceed 10% of the lot area on lots containing a single-family detached dwelling. The aggregate square footage may not exceed 150% of the primary structure. Square footage associated with an accessory dwelling unit shall not be counted towards garage size.

(G) Home occupations. A home occupation shall be permitted as accessory to any principal dwelling unit, provided that:

(1) The business or service is located within the dwelling or an associated accessory building (but not an accessory dwelling unit), and does not exceed 25% of the heated floor area of the principal structure or 600 square feet, whichever is less;

(2) The principal person or persons providing the business or service resides in the dwelling on the premises;

(3) The home occupation employs no more than one person on the premises who does not reside on the premises, and no more than one client is seen at any one time;

(4) The home occupation causes no change in the external appearance of the existing dwelling and structures on the property;

(5) All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there are no more than two vehicles per home occupation;

(6) There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself;

(7) There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building;

(8) The property contains no outdoor display or storage of goods, equipment, or services that are associated with the home occupation;

(9) Wholesale or retail sales of goods do not occur on the premises; and

(10) The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

(H) Outdoor display/sales. Outdoor display or sales may be allowed as an accessory use for all Retail Sales and Service Uses and Wholesale Sales Uses. It is the intent of this ordinance to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. The outdoor display of goods shall meet all of the following standards.

(1) Outdoor display/sales areas shall be depicted upon a site plan.

(2) All outdoor display of goods shall be located immediately adjacent to the storefront, or building sides, and not in drive aisles, loading zones, fire lanes, or parking lots.

(3) Outdoor display areas shall be limited to no more than one-half of the length of the store front or building side.

(4) In the case of a shopping center, the “storefront” shall include the entire frontage of the shopping center facade, meaning that the total amount of display for all the inline tenants combined shall not exceed 50% of the aggregate store front of the total shopping center.

(5) The area of outdoor display or sales shall not encompass the width of the entrance doors to the establishment as projected straight out from the facility. (For example, if the width of the entrance doors is ten feet, there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.)

(6) No goods shall be attached to a building’s wall surface.

(7) The height of the outdoor display shall not exceed six feet.

(8) The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

(9) At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

(10) Outdoor sales shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides, and similar items.

(I) Outdoor storage. Outdoor storage may be allowed as an accessory use in accordance with the following standards.

(1) Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site and shall be located at the side or rear of the principal structure.

(2) Goods stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises as part of an associated, additional principal use.

(3) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six feet in side yard areas and eight feet in rear yard areas that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials may not be stored higher than the height of the primary structure. A landscaped earth berm may be used instead of or in combination with a fence or wall.

(4) If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

(5) Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(6) No materials may be stored in areas intended for vehicular or pedestrian circulation.

(J) Produce stand. A produce stand shall:

(1) Be limited to the retail sale of agriculture and horticulture products;

(2) Be located to minimize the visual impact of the structure from adjacent public streets;

(3) Not remain in the same location for more than six months;

(4) Not exceed 500 square feet in area;

(5) Provide adequate ingress, egress, and off-street parking areas; and

(6) Be setback at least ten feet from the right-of-way.

(K) Satellite dishes.

(1) Satellite dishes less than 12 inches in diameter may be located anywhere on a lot.

(2) Satellite dishes larger than 12 inches in diameter but smaller than 48 inches in diameter shall:

(i) Be located to the side or rear of the principal use they serve;

(ii) Be limited to a maximum height of 15 feet above grade unless the applicant can demonstrate that a lower mounting height will cause significant disruption in signal; and

(iii) In no instance shall a satellite dish exceed 48 inches in diameter.

(L) Stable/horses, ponies, mules, or donkeys. The keeping of horses, ponies, mules, or donkeys shall be permitted provided:

(1) One acre of pasture or grazing land shall be provided for each horse or pony maintained in the stable;

(2) The pasture or grazing land must be adequately fenced so that the horses are safely contained within the fenced area. The Ordinance Administrator shall approve the materials and location of the fencing proposed in order to ensure that the fencing is in keeping with the character of the neighborhood. Electric fencing may be used with the approval of the Ordinance Administrator when such fencing is not in close proximity to residences. The landowner or tenant is responsible for ensuring the safety and appropriateness of the fencing;

(3) All horses, ponies, or mules must have a well maintained stable with a stall for each horse, pony, or mule;

(4) The stable is located at least 300 linear feet away from any residential dwelling on a lot under separate ownership and maintained in such a way as to not have excessive odor or create a nuisance to adjacent properties; and

(5) Not for hire, only horses, ponies, or mules owned by the persons living on the premises may be kept on the property.

(M) Storage or parking of heavy trucks, trailers, or major recreational equipment.

(1) Intent. It is the intent of this division 7.4.3 to regulate the customary or continual parking of certain vehicles and equipment on streets or properties located within residential neighborhoods since the presence of such vehicles runs contrary to the intended residential character of such neighborhoods. It is not the intent of these standards to prevent the occasional or temporary parking of such vehicles or equipment as necessary for the purposes of loading, unloading, or cleaning; however, the continual or customary overnight parking of such vehicles or equipment for a portion of the day followed by removal the following day is prohibited.

(2) Applicability. The standards in this division 7.4.3 apply to heavy trucks with more than two axles or that exceed 20,000 pounds of gross vehicle weight, trailers with more than one axle, or major recreational equipment, including, but not limited to, boats, campers, recreational vehicles, motor homes, and travel trailers.

(3) Standards.

(i) Heavy trucks, trailers, or major recreational equipment shall not be parked or stored on public rights-of-way in a residential zoning district for longer than four days over any calendar year.

(ii) No heavy truck or trailer shall be parked or stored for longer than four days over any calendar year upon any residentially zoned or used property.

(iii) Boats, campers, recreational vehicles, and other major recreational equipment shall be parked or stored only to the side or rear of the dwelling they are associated with. Parking such equipment upon an established residential driveway is permitted if access to side or rear yards for storage is not feasible. In no case shall major recreational equipment be parked or stored in a front yard outside of an established driveway.

(N) Swimming pool/hot tub. Swimming pools and hot tubs shall comply with the following standards.

(1) Swimming pools having a depth greater than two feet, and hot tubs and spas shall be enclosed by fencing of a type that is not readily accessible by children and that contains no openings larger than four inches.

(2) Fencing shall be at least four feet in height and, if equipped with a gate, shall have a latch.

(3) In lieu of fencing, spas and hot tubs may have a lockable cover capable of supporting a minimum of 150 pounds, and such cover shall be locked in place when the spa or hot tub is not in use.

(4) Swimming pools and decks shall adhere to the same setback requirements as accessory structures; however, swimming pools shall not exceed 50% of the yard (side or rear) in which it is located.

(O) Home daycare. Home daycares shall be permitted as an accessory to any principal dwelling unit provided that:

(1) Home daycares must be licensed by the state’s Division of Child Development and must meet all applicable code requirements;

(2) The home daycare may only be conducted within the primary structure except for the required outdoor play area;

(3) The primary structure must be a minimum of 1,100 square feet to be used for a home daycare;

(4) The home daycare must have a minimum of 400 square feet of outdoor play area. The outdoor play area shall be located in the rear yard;

(5) The principal person or persons operating the home daycare must reside in the dwelling on the premises;

(6) The home daycare employs no more than one person on the premises who does not reside on the premises;

(7) The home daycare causes no change in the external appearance of the existing dwelling and structures on the property;

(8) There is at least one off-street parking space for the patrons of the home daycare to be provided and maintained in addition to the space or spaces required for the dwelling itself;

(9) There are no advertising devices on the property, or other signs of the home daycare, which are visible from outside the dwelling or accessory building;

(10) The property contains no outdoor display or storage of goods, equipment, or services that are associated with the home daycare;

(11) The home daycare does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception; and

(12) A home daycare shall not be permitted within 200 feet of another home daycare unless separated by a public right-of-way. Spacing shall be measured from the center of the parcel on which the home daycare is located.

(P) Heavy equipment sales auction parking. Parking areas to be used only for auctions may be allowed as an accessory use for heavy equipment sales. The customer parking areas for auctions shall meet all of the following standards.

(1) Parking areas for customers to be used during auction events shall be depicted upon a site plan.

(i) Total number of parking spaces provided shall be sufficient for the number of customers typically attending an auction sale.

(2) Notwithstanding anything in this ordinance to the contrary, parking areas for customers to be used during auction events shall be covered with an all-weather surface designed to support anticipated loads. Loose material surfaces shall be contained with permanent edging, landscaped areas, asphalt surfaces, or other means to prevent the migration of the loose material. The surface shall be maintained so that traffic may move safely in and out of the parking area.

(3) Notwithstanding anything in this ordinance to the contrary, parking areas for customers to be used during auction events shall be landscaped with the following standards and approved by the Ordinance Administrator.

(i) Auction parking landscaping to be provided at a ratio of one tree per 25 LF of parking area perimeter and may be clustered.

(ii) Root structures of planted trees must be protected from vehicular traffic.

(iii) Trees planted or preserved to satisfy buffer or tree preservation requirements adjacent to this area may be used to partially satisfy the requirements of this article with the approval of the Ordinance Administrator.

(Q) Playground equipment. Playground equipment in single-family residential districts shall comply with the following standards:

(1) Playground equipment shall be set back a minimum of five feet from side and rear property lines; and

(2) Playground equipment must be located to the side or rear of the principal structure or set back a minimum of 100 feet from the right-of-way.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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