17-9-0200 Accessory uses, buildings and structures.
   17-9-0201 General.
      17-9-0201-A Unless otherwise expressly stated in this Zoning Ordinance, accessory uses, buildings and structures are permitted in conjunction with allowed principal uses.
      17-9-0201-B The Zoning Administrator is authorized to determine when a use, building or structure meets the definition of an accessory use, accessory building or accessory structures. In order to classify a use, building or structure as “accessory”, the Zoning Administrator must determine that the use, building or structure:
         1.   is subordinate to the principal building or principal use in terms of area, extent and purpose;
         2.   contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
         3.   is located on the same zoning lot as the principal building or principal use served, with the single exception of accessory off-street parking facilities that are permitted to locate elsewhere than on the same zoning lot with the building or use served.
      17-9-0201-C An accessory building or structure, other than a coach house constructed pursuant to Section 17-9-0201-F(13), may not be constructed on any lot before the construction of the principal building to which it is accessory.
      17-9-0201-D The combination of all accessory buildings may not occupy more than 60% of the area of a required rear setback, except:
         1.   That an accessory garage building on a lot with a width of 25 feet or less may have an area of up to 480 square feet; and
         2.   That the 60% coverage limit does not apply to accessory garage buildings in the RM5 thru RM6.5 districts, when the garage is designed to provide an enclosed facility for required off-street parking.
         3.   That accessory community garden buildings such as sheds, greenhouses, hoophouses or farm stands may have an area of up to 575 square feet.
      17-9-0201-E No accessory building or structure located in a required rear setback may exceed 15 feet in height. (See Sec. 17-17-0311 for measurement of height).
      17-9-0201-F Coach Houses.
         1.   A building permit for a new coach house unit may not be issued for a zoning lot located outside of an Additional Dwelling Unit-Allowed Area.
         2.   Prior to issuance of a building permit for a new coach house unit, the permit applicant must provide written notice to abutting property owners and to the local alderman. The written notice must include: (a) the street address of the property where a coach house unit will be established; (b) a statement that a coach house unit will be established at the address; and (c) the name and mailing address of the applicant. The applicant must submit a written affidavit certifying compliance with the notice requirements with the permit application.
         3.   Coach houses may not reduce any existing on-site, accessory parking required to serve the existing principal building on the zoning lot.
         4.   Coach houses may be established without accessory parking to serve the coach house.
         5.   Coach houses may not exceed 22 feet in building height.
         6.   Rooftop features may not exceed 22 feet in overall height above grade.
         7.   At least three feet of open space that is unobstructed and unoccupied from its lowest level to the sky must be provided between the coach house and at least one side property line for the entire length of the building wall, except when a side property line abuts an alley or street.
         8.   A minimum separation of 15 feet must be provided between the rear wall of the principal building and the front wall of the coach house.
         9.   A dwelling unit within a coach house may not exceed 700 square feet of floor area. Only one dwelling unit is permitted per coach house.
         10.   Coach houses in any RS2, RS3, RT or RM zoning district are not subject to the minimum lot area provisions of Sections 17-2-0303-A, 17-7-0702, 17-7-0802, 17-7-0902 or 17-7-1104.
         11.   Coach houses in any RS2, RS3, RT or RM zoning district are not subject to the open space provisions of Sections 17-2-0307 or 17-2-0308, but are subject to Chapter 16-18 of this Code. Provided, however, that coach houses may not reduce existing open space required under Sections 17-2-0307 or 17-2-0308 that serves the principal building on the zoning lot.
         12.   Coach houses in any RS2, RS3, RT or RM zoning district are not subject to the floor area ratio provisions of Section 17-2-0304-A.
         13.   A coach house may be constructed on a lot before the construction of the principal building to which it is accessory. When established prior to the principal building on a zoning lot, a coach house must be located entirely within the rear setback of the zoning lot in accordance with this Section 17-9-0201-F and will be exempt from the rear setback requirements of Section 17-2-0306-B.
         14.   Reserved.
         15.   Coach houses may not be established on any zoning lot that contains a conversion unit.
         16.   Coach houses may not be established if the principal building contains more than four lawfully established dwelling units.
         17.   Dwelling units contained within coach houses lawfully established after May 1, 2021 may not be rented, leased, or otherwise made available for compensation of any type for transient occupancy, as defined in Section 4-6-290, by persons other than members of the unit owner's or tenant's household. In addition to any other penalty provided by law, any person who violates this Section 17-09-0201-F(16)* will be subject to a fine of not less than $1,500.00 nor more than $3,000.00 for each offense. Each day that a violation continues constitutes a separate and distinct offense. The Department of Planning and Development, Department of Housing, Department of Buildings and Department of Business Affairs and Consumer Protection are each authorized to enforce this Section 17-09-0201-F(16)*.
* Editor's note – As set forth in Coun. J. 12-16-20, p. 26066, § 14; intended reference is likely Section 17-9-0201-F(17). Future legislation will correct if needed.
         18.   The following additional requirements shall apply to coach houses in the West, South, and Southeast Zones of the Additional Dwelling Unit-Allowed Areas:
            a.   A building permit may not be issued to add a coach house unit to a zoning lot unless the principal building on the zoning lot is owner-occupied at the time of permit application.
            b.   A building permit may not be issued to add a coach house unit to a zoning lot where two other zoning lots on the same block face and opposite block face have obtained permits to add a conversion unit or coach house unit during the same calendar year.
   17-9-0202 Home Occupations.
      17-9-0202-A General. Home occupations are accessory uses to uses in the household living category. The regulations of this section are intended to ensure that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations are intended to ensure that the home occupation remains subordinate to the residential use, and that the residential viability of the dwelling is maintained. The regulations recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood.
      17-9-0202-B Applicability. Uses are allowed as home occupations only if they comply with all of the standards of this section.
      17-9-0202-C Standards. A dwelling unit may be used for one or more home occupations subject to compliance with all of the minimum standards in subsections (e), (f) and (g) of Section 4-6-270.
   17-9-0203 Satellite Dish Antennas.
      17-9-0203-A Satellite dish antennas up to one meter in diameter are permitted as accessory uses in all zoning districts. Subject to 47 C.F.R. 1.4000, as amended, and other applicable law, and subject to lawful restrictions on the use of common areas, all satellite dish antennas up to one meter in diameter shall be installed and maintained as set forth in paragraphs (1) through (3) below:
      (1)   All satellite dish antennas shall be placed in locations that are not visible from any street adjacent to the property on which such equipment is located. Pursuant to this paragraph (1), no satellite dish antenna may be installed or placed between the facade of a building and any street adjacent to the subject property, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the user. If compliance with this paragraph (1) is not technically feasible (i.e., compliance would result in a material delay or reduction in signal reception or significant additional cost to the user), the television access provider or installer shall provide the user of the equipment with a signed statement certifying that the satellite dish antenna cannot be installed in compliance with Section 17-9-0203-A(1) based on actual testing conducted at the property. A copy of the certification form shall be provided to the user, and a copy shall be maintained at the office of the installer or provider.
      (2)   If compliance with paragraph (1) is not technically feasible, and the television access provider or installer has issued a certification in accordance with paragraph (1), satellite dish antennas may be placed in locations that are minimally visible from any street adjacent to the subject property. For purposes of this paragraph (2), compliance with the “minimally visible” standard shall mean that the satellite dish antenna is (a) shielded from view from adjacent streets to the greatest extent possible by landscaping, lattice, fencing or structural or architectural elements of the building on which the satellite dish antenna is located (e.g., a balcony, bay window, chimney, dormer or parapet), and (b) if side-mounted, attached to a building wall facing the subject property's interior side property line and set back a minimum of ten feet from any building wall facing an adjacent street.
      (3)   All satellite dish antennas and associated mounting equipment and hardware shall be disconnected and removed when such devices are no longer in service.
      17-9-0203-B Satellite dish antennas over one meter in diameter, up to 3 meters in diameter, are a permitted as accessory uses in all B, C, D, M and special purpose zoning districts, subject to the following standards:
         1.   Roof-mounted, pole-mounted antennas may be erected on the roof or attached to a principal building, provided the maximum height of the installation does not exceed 16 feet in height above the building on which it is to be located.
         2.   Ground-mounted satellite dish antennas must comply with all setback requirements of the zoning district in which it is to be located.
         3.   A building permit is required for each satellite dish antenna installation.
      17-9-0203-C Any satellite dish antenna not expressly permitted by paragraphs 17-9-0203-A or 17-9-0203-B requires special use approval in accordance with Sec. 17-13-0900.
      17-9-0203-D No satellite dish or accessory structure or any portion thereof, including but not limited to, any associated mounting equipment, hardware or wiring, shall be located on or attached to any rooftop gravity tank or rooftop gravity tank supporting structure.
Editor's note – FCC Order DA 21-38, entered on January 11, 2021, ruled that paragraphs (1), (2) and (3) of Code Section 17-9-0203-A, regulating placement of satellite dishes, are federally preempted.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 5-4-11, p. 117699, § 9; Amend Coun. J. 9-8-11, p. 7541, § 7; Amend Coun. J. 3-14-12, p. 23152, § 1; Amend Coun. J. 7-30-14, p. 86203, § 18; Amend Coun. J. 2-22-17, p. 43916, Art. I, § 2; Amend Coun. J. 12-16-20, p. 26066, § 14; Amend Coun. J. 4-21-21, p. 29942, § 2)