(A) Accessory activity, use, building or structure. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The intent of 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, they comply with the standards set forth in this section, and they do not create adverse impacts on surrounding lots or site.
(B) Exemptions for accessory uses. The following are exempt from the regulations of § 151.025, as they are regulated by other provisions of the Zoning Ordinance. These structures shall not be located within platted or recorded easement or over underground utility; however, this requirement shall not prevent utility installations, such as cable, telephone boxes, gas, and sewer meters. Furthermore, the following will not be counted towards any maximum number of accessory structures on a lot.
(1) Accessory residential housing.
(2) Fences and walls.
(3) Signs.
(4) Pools.
(5) Wireless communication facilities and antennas.
(C) General standards and limitations for accessory uses. Except for accessory structures exempted in § 151.025(B), accessory uses or structures shall:
(1) Directly serve the principal use or structure;
(2) Be accessory and clearly incidental to the principal use or structure;
(3) Be clearly 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) Not exceed the height of the principal structure, except for those structures exempt from the height requirements of this ordinance;
(7) Be located at least five feet from any other structures (except fences, walls, or open-air arbors);
(8) Not take place within required front or side yards or project beyond the front building line of the principal structure (except where expressly permitted within § 151.025(D));
(9) Not be located within platted or recorded easements or over underground utilities;
(10) Not violate the bulk, density, parking, landscaping, or open space standards of this ordinance when taken together with the principal use or structure;
(11) Not be constructed or established prior to the time the principal use or structure is constructed or established; and
(12) Except for fences, walls, or hedges, no accessory structure may be constructed except on a lot with a principal building.
(D) Listed accessory activities, uses, buildings, or structures. The table below lists the allowed types of accessory uses and structures. If a specific accessory use is allowed “by right, with conditions” in a district, the column underneath the district is marked with a number indexed to any applicable special conditions to the specific accessory use found in divisions of § 151.025(D), such as “(8)” for home occupations. For general standards and limitations that apply to all accessory uses, see § 151.025(C). If the accessory use or structure is not allowed in a district, the column is left blank. If there is a reference contained in a column entitled “CUP”, a conditional use permit is required for the accessory use per the procedures outlined in § 151.310 in addition to any conditions applicable in § 151.025(C) and (D).
Accessory Use/ Structure | R- L | R- L1 | R- 25 | R- 1 | R-1 A | R- 2 | R- 2A | R- 3 | R-3 A | R- 4 | R-T H | T | T N | N C | M P O | M U | S C C | C B | G C | RI | GI | F A R |
Accessory Use/ Structure | R- L | R- L1 | R- 25 | R- 1 | R-1 A | R- 2 | R- 2A | R- 3 | R-3 A | R- 4 | R-T H | T | T N | N C | M P O | M U | S C C | C B | G C | RI | GI | F A R |
Accessory building (residential) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | (1) | |||||||||
Accessory building (nonresidenti al or multifamily) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) | (2) |
Accessory building or structures (agricultural) | (3) | (3) | (3) | (3) | (3) | (3) | ||||||||||||||||
Automated teller machine (ATM) kiosk (freestanding ) | (4) | (4) | (4) | (4) | (4) | (4) | ||||||||||||||||
Cart storage and cart corrals | (5) | (5) | (5) | |||||||||||||||||||
Flagpoles | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) | (6) |
Freestanding canopies | (7) | (7) | (7) | (7) | (7) | (7) | (7) | (7) | (7) | (7) | ||||||||||||
Home occupation (Type 1) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | (8) | ||||||
Home occupation (Type 2) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P (8) | C U P( 8) | C U P (8) | ||||||||
Indoor food sales | (9) | (9) | (9) | (9) | (9) | (9) | ||||||||||||||||
Outdoor dining | (1 0) | (1 0) | (1 0) | (1 0) | (1 0) | |||||||||||||||||
Outdoor display (accessory) | (1 1) | (1 1) | (1 1) | (1 1) | (1 1) | (1 1) | ||||||||||||||||
Cluster Mailbox Units (CBUs) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) | (20) |
Outdoor display (customary) | (1 2) | (1 2) | (1 2) | (1 2) | (1 2) | (1 2) | (1 2) | (1 2) | ||||||||||||||
Outdoor storage | (1 3) | (1 3) | (1 3) | (1 3) | (1 3) | (1 3) | (1 3) | (1 3) | ||||||||||||||
Parking, storage or use of major recreation equipment | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | (1 4) | ||||||||
Private recreation facilities (residential) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | (1 5) | ||||||||
Retail sales of goods (as part of a freight or warehouse use) | (1 6) | (1 6) | (1 6) | |||||||||||||||||||
Satellite dish receiving antennas | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) | (1 7) |
Security or caretaker quarters | (1 8) | (1 8) | (1 8) | (1 8) | (1 8) | (1 8) | (1 8) | |||||||||||||||
Stand-alone drive-throug h uses | (1 9) | (1 9) | (1 9) | |||||||||||||||||||
Unidentified accessory uses/ structure | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) | (2 1) |
(1) Residential accessory structures. Any building, such as a detached garage or storage shed, accessory to a principal single family detached, two family (duplex), or mobile home use, shall comply with the following:
(a) A maximum of two accessory structures may be constructed on each lot. Children’s play structures, animal shelters, open-air arbors, concrete slabs, swimming pools, below-grade structures (e.g. underground shelter), or any accessory structure with a height less than 18 inches shall not be counted towards the maximum number.
(b) Location of residential accessory structures.
1. Accessory structures must not be erected in any required front yard or between a principal building and a street, except for reversed frontage lots. On reversed frontage lots, accessory structures may be located between the principal structure and the non-accessible street upon which it fronts, provided a minimum setback of 20 feet is provided from the right-of-way of the non-accessible street and all other applicable provisions are met.
2. Accessory structures must not be erected within any required side yard, except for a corner lot, where accessory structures may be placed in a required side yard provided all other applicable provisions are met.
3. The required setback for accessory structures depends upon the type of zoning district:
a. Within conventional zoning districts, accessory structures must have a setback from a property line that is equal to or greater than its height, but in no case shall an accessory structure be located closer than five feet from a property line or other building or structure.
b. Within traditional zoning districts, accessory structures must be located at least five feet from all lot lines and five feet from any other structures (except fences, walls, and open-air arbors).
(c) Height of residential accessory structures.
1. Accessory structures must not exceed 14 feet or one story in height, except for on those lots of record that are either one acre in size or greater or within one of the traditional zoning districts.
2. On lots either one acre in size or greater or within one of the traditional zoning districts, accessory structures must not exceed 25 feet or two stories in height.
3. No accessory structure shall exceed the height of the principal structure, except as provided otherwise in the code of ordinances.
(d) Size and lot coverage.
1. On residential lots, the combined gross floor area of all accessory structures shall be no more than 30% of the total gross floor area of the principal building.
2. On residential lots less than one acre in size, accessory structures greater than 800 square feet in gross floor area require the approval of the Planning Commission. On residential lots one acre in size or greater, accessory structures greater than 1,200 square feet in gross floor area require the approval of the Planning Commission. The Planning Commission shall base its determination on the following:
a. The accessory structure is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located; and
b. The accessory structure will not adversely affect a known archaeological, environmental, historical, or cultural resource.
(e) Architectural style and materials.
1. For single-family residential lots, accessory structures greater than 150 square feet in gross floor area must be constructed in a like manner to the principal building in terms of architectural style, roof style, and building materials. The intent of this requirement is not to require an accessory structure to exactly match the principal structure, but to ensure compatibility with the principal structure.
2. Metal and plastic are prohibited as primary siding materials for accessory structures greater than 150 square feet in gross floor area except where the material is the primary material on the principal structure.
(2) Nonresidential or multifamily accessory building. Any building accessory to a principal nonresidential use, or residential unit or other housing type, not otherwise listed in the table in § 151.025(D), shall comply with the following:
(a) Be subject to the Design Guidelines.
(b) Be located at least five feet from all lot lines and five feet from any other structures (except fences, walls, and open-air arbors).
(c) Not take place within required front or side yards or project beyond the front building line of the principal structures, except for:
1. Signs;
2. Fences or walls;
3. Freestanding canopies.
(d) In commercial districts where maximum floor area ratio limits are applicable, the total gross floor area of all accessory structures shall be included as part of the total gross floor area of the lot.
(e) In industrial districts, the total maximum area of all accessory structures shall not exceed 20% of the maximum lot coverage permitted within the zoning district.
(3) Agricultural accessory buildings or structures. Accessory buildings or structures essential to general farming activities conducted on the property, including, but not limited to, those that house livestock, protect farm equipment, or for harvesting crops, shall be regulated as follows:
(a) When an accessory structure houses livestock, a minimum lot size of two acres is required.
(b) Agricultural accessory structures are permitted in any required front, side, or rear yard, and may be between a principal building and a street; however, any accessory structure shall be located no closer than 30 feet from a property line at any point.
(c) Agricultural accessory structures shall not apply towards the maximum number of accessory structures for a principal use.
1. The accessory structure is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located; and
2. The accessory structure will not adversely affect a known archaeological, environmental, historical, or cultural resource.
(4) Automated teller machines/kiosks.
(a) Structures accommodating stand-alone automated teller machines or kiosks that are not inside or attached to a principal structure shall meet the design standards applied to the principal structure and shall use the same exterior materials, colors, and architectural style as the principal structure.
(b) Drive-up or drive-through automated teller machines shall be prohibited in the CB District unless they are located internal to the block and do not result in stacking of vehicles in a public right-of-way.
(5) Cart storage and cart corrals. The storage of carts and placement of cart corrals in a parking lot shall be subject to the following provisions:
(a) The location of cart storage shall be delineated on a site plan.
(b) Cart corrals located in parking lots for the purpose of drop-off by customers shall be located next to a landscape island, with the landscape island being on the street side, in order to provide some screening. Masonry walls may be used in lieu of landscaping.
(c) Carts stored outside and in front or to the side of a building shall be located and screened behind an opaque wall constructed of building materials and colors to match the building.
(d) Cart corrals shall not be provided in required parking areas or parking lot landscaping islands.
(6) Flags and flagpoles.
(a) For flags and flagpoles on multifamily and nonresidential properties, see § 151.180 as they are regulated as signs.
(b) Flags and flagpoles on single family residential properties:
1. In all residential districts, flagpoles shall be located a distance equal to or greater than their own height above grade from the nearest property line; but, in no event shall a flagpole in a residential district exceed a height of 20 feet above grade.
2. There shall be a maximum of one flagpole per lot in all residential districts.
(7) Freestanding canopies. Canopies not attached to a building shall be designed as follows:
(a) Canopies shall be located to prevent the stacking of vehicles in a public right-of-way.
(b) Canopies covering a drive-through shall use a similar roof form, pitch, and materials in order to appear as an extension of the roof covering the principal structure.
(c) Canopies accessible by vehicles shall have a maximum height of 15 feet measured from the finished grade to the underside of the canopy.
(d) The design of the canopy, including any columns, shall match the design and exterior building materials of the principal building.
(e) Any lighting associated with a canopy shall be shielded so that the source of illumination is not visible from off-site areas.
(8) Home occupations.
(b) Exemptions. The limitations of this division apply only to activities at the home and are not intended to regulate business activities that occur off-site. Agricultural uses are not considered home occupations and shall instead be regulated as principal uses per § 151.021.
(c) Home occupation performance standards, requirements, and prohibitions. Type 1 and 2 Home Occupations are limited in accordance with the following performance standards.
PERFORMANCE STANDARD LIMITATIONS FOR HOME OCCUPATIONS | |||
Type of Regulation to Mitigate Adverse Neighborhood Impacts | Aspect of the Business Operation | Type 1 Home Occupations/ Home-Based-Businesses [1] | Type 2 Home Occupations/ Home-Based-Businesses [2] |
PERFORMANCE STANDARD LIMITATIONS FOR HOME OCCUPATIONS | |||
Type of Regulation to Mitigate Adverse Neighborhood Impacts | Aspect of the Business Operation | Type 1 Home Occupations/ Home-Based-Businesses [1] | Type 2 Home Occupations/ Home-Based-Businesses [2] |
Extent of the residential property used and process | Procedure | Any residential dwelling may be used for a Type 1 Home Occupation use, but only when such use is in conformance to the provisions of this subchapter. | Type 2 Home Occupations are allowed only via conditional use permit (CUP) in zoning districts as identified by § 151.025(D), but only when such use is in conformance to the provisions of this subchapter. |
Minimum lot size and type of dwelling unit | Any dwelling unit is permitted to have a Type 1 Home Occupation/ Home-Based-Business. | Only single family detached dwellings on lots 2 acres in size or larger are eligible for a Type 2 Home Occupation/Home-Based-Busine ss via the conditional use permit process. | |
Use of dwelling unit | The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. | The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. | |
Use of accessory structure(s) | No home occupation shall be conducted in any accessory structure (excludes the storage of equipment or materials related to the home occupation). | A home occupation may be conducted in an accessory structure. | |
Traffic generation | Customers or clients | Max. of two per week (by appointment only). | Max. of ten per week permitted to come to the residence. |
Deliveries associated with the home business | Max. of two deliveries per week above and beyond normal household parcel delivery. | Max. of ten per week above and beyond normal household parcel delivery. | |
Employees - working out of the home | Limited to residents of the home. No outside employees are permitted to work at the home for business related purposes. | Limited to residents of the home. No outside employees are permitted to work at the home for business related purposes. | |
Other business trips | Max. of two per day related to the business above normal single family home traffic generation (ten trips per day). | Max. of ten per day above normal single family home traffic generation (ten trips per day). | |
Solid waste generation | Quantity | Max. of one 32-gallon residential waste container per week. | Max. of two 32-gallon residential waste containers per week. |
Hazardous | None may be disposed of at home. The home occupation shall not adversely affect public safety through the storage or generation of explosive, flammable or hazardous materials in quantities which could constitute a neighborhood danger based on the determination of the Town Fire Marshal. | None may be disposed of at home. The home occupation shall not adversely affect public safety through the storage or generation of explosive, flammable or hazardous materials in quantities which could constitute a neighborhood danger based on the determination of the Town Fire Marshal. | |
Special limitations on home occupation uses | Repair, assembly, and fabrication | Minor assembly, fabrication, and repairs are permitted on a limited basis provided they are in no way detectable off the lot. Examples include gift basket assembly; tailoring; watches, clocks, or jewelry repair; or, other home businesses that are at a scale similar to arts and crafts activities. | Assembly, fabrication, and repair activities permitted, with the limitations below on noise, vibration, glare, fumes, odors, and the like. Examples include furniture refinishing or repair, upholstery, appliance repair, commercial catering or bakeries, or small engine repair. |
Sales and services | There shall be no sales of merchandise directly to customers at the physical home/business address; however, telephone and internet sales are permitted. Provision of services directly to customers at the physical home/business address is permitted by appointment only. | There shall be no sales of merchandise directly to customers at the physical home/business address; however, telephone and internet sales are permitted. Provision of services directly to customers at the physical home/business address is permitted by appointment only. | |
Detectable evidence of the conduct of such home occupation | Exterior storage | None permitted. | Permitted, but must be in a rear yard and completely screened from view off of the property. |
Changes to principal dwelling or premise | There shall be no change in the outside appearance of the dwelling or premises. | There shall be no change in the outside appearance of the dwelling; however, changes are permitted to accessory structure(s) or for screening of outdoor activity associated with the home occupation. | |
Noise, vibration, glare, fumes, odors, and the like | No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. The home occupation shall not use equipment which creates off-premises line voltage fluctuations or visual or audible interference with off-premises radio or television receivers. | Machinery that creates noise or vibration, may be operated only periods of short duration defined as a no longer than ten minutes per hour with cumulative maximum not to exceed one hour per day. No equipment or process shall be used in such home occupation which glare, fumes, odors or electrical interference detectable to the normal senses off the lot. The home occupation shall not use equipment which creates off-premises line voltage fluctuations or visual or audible interference with off-premises radio or television receivers. | |
Additional Conditions | Good standing | Operators of a home occupation/home-based-business must have a valid business license and all applicable Town of Collierville taxes current or the use shall become null and void. The Town of Collierville Development Department staff shall have the right to inspect the premise to determine compliance with the applicable performance standard limitations. | |
Discontinuan ce | A home occupation/home-based-business that ceases to operate for a period of 6 continuous months shall be null and void. | ||
Transferabi lity | A home occupation/home-based-business use shall be specific to only one residential address and not transferable to another residential address. | ||
[1] A Type 1 Home Occupation is allowed “by right, with conditions” in all residential zoning districts but must comply with certain regulations contained in this table intended to limit the impacts on the surrounding residential neighborhood. See § 151.025(D). | |||
(9) Indoor food sales. Indoor food sales occurring as an accessory use shall comply with the following standards:
(a) The square footage used by food sales operations, including preparation, sales, and storage, but not including dining, shall not exceed 30% of the principal use.
(b) To the maximum extent practicable, food sales areas shall be internal to the principal use they serve.
(c) Entrances to the food sales area shall be via the principal use it serves and shall not have dedicated off-street parking areas or signage unless such signage is permitted by § 151.180.
(10) Outdoor dining/seating. Outdoor dining means that portion of the exterior of a building, which in the CB and MU Districts may include limited portions of sidewalks within the public right-of-way, kept, used, maintained and held out to the public as a place for sidewalk dining, where food, beverages or other refreshments are served for consumption on the premises. Includes the placing, locating, or permitting of the placing or locating of furniture on sidewalks or patios adjacent to a business licensed to operate as an eating and/or refreshment establishment.
(a) The location of outdoor dining shall be delineated on the site plan and reviewed and approved per § 151.311.
(b) Approved outdoor dining areas are not intended to authorize displays by organizations, establishments or businesses for vending goods, for distributing information or for displaying goods.
(d) The outdoor dining activity shall not block or restrict a paved portion of the passageway to less than 48 inches in width or block the ingress/egress to any building. Also, no items shall be placed so as to block any doorway, driveway, crosswalk, or counter service window.
(e) Cafe furniture, and any other objects provided in the outdoor dining area, shall be:
1. Maintained with a clean and attractive appearance, and shall be kept safe and in good repair at all times.
2. Of a quality design, materials, and workmanship, be consistent with the applicable Design Guidelines, and must be approved or otherwise authorized by the Development Department. The following are examples of prohibited cafe furniture or objects in dining areas:
a. Umbrellas or other decorative materials that are not fire retardant, pressure treated, properly secured to withstand strong winds or manufactured of fire resistant material.
b. Umbrellas, tablecloths, chairs or tables with advertising, signage or other writing on them.
c. Furniture made of plastic.
(11) Accessory outdoor display (ancillary and nonessential). The following regulations shall apply to outdoor display that is considered to be an ancillary and nonessential part of the business operation for any zoning district in which such display is permitted.
(a) General requirements. The following shall apply to all forms of accessory outdoor display, regardless of zoning district.
1. The locations of outdoor display shall be delineated on the site plan and reviewed and approved per § 151.311.
2. Outdoor display shall be conducted only by the business licensed on the property, and shall only include merchandise that is regularly offered for sale inside such business.
3. If the outdoor display area occupies a sidewalk or other walkway, provide a walkway for pedestrians a minimum of four feet in width.
4. In no event shall such items be:
a. Placed in the landscaped areas;
b. Placed so as to block any doorway, driveway, crosswalk, or counter service window;
c. Be placed on elevated pads, ramps or similar structures that serve primarily to increase the visibility of the items;
d. Stacked in excess of six feet in height; or
e. Extend beyond the bounds of the business or the borders unless approved by the Development Department. For the purposes of this chapter, the “bounds of the business” means that the display must be located alongside, but not beyond, the corners or ends of the permitted establishment’s outside walls. This prohibition shall create a zone that keeps sidewalk and street corners clear for pedestrian travel.
5. Outdoor display furniture, such as racks and displays, shall be:
a. Maintained with a clean and attractive appearance, and shall be kept safe and in good repair at all times.
b. Of a quality design, materials, and workmanship, be consistent with the applicable Design Guidelines, and must be approved or otherwise authorized by the Development Department.
6. Vending equipment including, but not limited to, food or rental vending machines, ice machines and propane gas exchanges, permitted as part of a service station or convenience store use, and shall be:
a. Delineated on the site plan;
b. Counted as part of the maximum outdoor display area;
c. Located to the side or the rear of the building;
d. Located under a covered portion of the principal building; and
e. Not located under a fuel canopy.
(b) Accessory outdoor display within the SCC, GI, and RI Districts. In addition to the general requirements of § 151.025(11)(a), accessory outdoor display in the SCC District shall be regulated as follows:
1. Accessory outdoor display areas shall be limited to the following locations:
a. Contiguous to the front facade plane of the building, to the side of the building, or under the covered portion of the principal building;
b. Comprise no more than an area 40 feet wide by 20 deep, or a width of no more than 25% of the linear building frontage if the display is located at the front of the building, whichever is less; and
c. A single street frontage for corner lots or lots with double frontage.
2. Any accessory outdoor display/outdoor display areas shall:
a. Be paved or dust free.
b. Be contained within an area defined by a fence, wall, change in pavement, or other similar demarcation.
c. Not be located outside of the minimum building setbacks.
d. Not occupy designated or required parking spaces, fire lanes, internal traffic lanes, required landscape buffers, public rights-of-way, or private access roads for display of merchandise.
(c) Accessory outdoor display within CB, MU, and NC Districts. In addition to the general requirements of § 151.025(11)(a), accessory outdoor display in the CB, MU, and NC Districts may have limited encroachment into the public right-of-way, sidewalk or common area on public property to place, display, or sell food or nonfood merchandise to the patrons of the establishment so long as the locations of outdoor display are clearly delineated a site plan and reviewed and approved per § 151.311.
(12) Customary outdoor display (to principal use).
(a) Applicability. Regardless of the zoning district, outdoor display associated with the following principal uses is considered to be an integral and inseparable part of the business operation, and is considered to be customary outdoor display:
1. Agricultural equipment, sales or service.
2. ATV, RV, trailer, or other similar businesses.
3. Auto dealership.
4. Auto rental.
5. Boat, marine sales.
6. Farmers market (private property).
7. Fruit or vegetable store.
8. Greenhouse or nursery products.
9. Heavy equipment sales and rental.
10. Mobile home/pre-fabricated home sales.
11. Motorcycle sales.
12. Moving equipment rental store.
13. Used car sales.
(b) General requirements. The following shall apply to all forms of customary outdoor display, regardless of zoning district.
1. The locations of major outdoor display area shall be delineated on the site plan and reviewed and approved per § 151.311.
2. The display area shall be outside of the required building setbacks.
3. The display area shall be screened and landscaped per the Design Guidelines the same as a commercial parking lot.
4. Outdoor display shall be conducted only by the business licensed on the property, and shall only include merchandise that is regularly offered for sale inside such business.
5. Outdoor display shall not be placed on elevated pads, ramps or similar structures that serve primarily to increase the visibility of the items.
6. If the outdoor display area occupies a sidewalk or other walkway, provide a walkway for pedestrians a minimum of four feet in width.
7. No items shall be placed so as to block any doorway, driveway, crosswalk, or counter service window.
8. For stacked outdoor display items, be limited to a maximum of six feet in stacking height.
9. Outdoor display furniture used in the outdoor storage areas shall be:
a. Maintained with a clean and attractive appearance, and shall be kept safe and in good repair at all times.
b. Of a quality design, materials, and workmanship, be consistent with the applicable Design Guidelines, and must be approved or otherwise authorized by the Development Department.
(13) Outdoor storage. The following regulations shall apply to outdoor storage in any nonresidential zoning district in which such storage is permitted.
(a) The locations of outdoor storage shall be delineated on the site plan and reviewed and approved per § 151.311.
(b) Any outdoor storage of goods or merchandise shall:
1. Be located to the side or rear of the principal structure;
2. Comply with the minimum building setback requirements;
3. Be placed on paved or dust free areas except where expressly allowed by § 151.115(D);
4. Be stacked no higher than two feet below the height of the fence used to screen the storage area;
5. Not occupy designated or required parking spaces, fire lanes, internal traffic lanes, required landscape buffers, public rights-of-way, or private access roads;
6. Not comprise no more than 10% of the gross site area for sites within the NC, CB, GC, MU, or SCC Districts; and
7. Not be placed on elevated pads, ramps or similar structures that serve primarily to increase the visibility of the items; however, outdoor storage may be elevated off the ground, not more than six inches, to allow for better maintenance and upkeep.
(c) Screening requirements. Outdoor storage areas shall be fully screened from view off-site or from public rights-of-way with an opaque material (fencing, walls, landscaping, or combination thereof) with the following exceptions:
1. Live vegetative products are except from the screening requirement and may be unscreened.
2. Fleet storage of vehicles used in the operation of the business is not required to be fully screened, but such parking areas must be screened and landscaped per the Design Guidelines the same as a commercial parking lot.
(d) Covering requirements. Storage shall be located inside of the principal building, within an accessory building, or be fully covered by a canopy, open shed, awning, or similar open air structure; however, the following are uses may be uncovered:
1. Automobiles, boats, motorcycles, ATVs, RVs, trailers, and similar vehicles;
2. Dumpsters or recycling containers;
3. Mobile homes/pre-fabricated homes;
4. Moving equipment;
5. Agricultural equipment;
6. Heavy equipment;
7. Fruit, vegetables, or nursery products;
8. Rock, gravel, dirt, and sand; and
9. Certain items within the RI, GI, or FAR Districts, that, by their nature, are customarily stored outdoors that, in the opinion of the Town Planner, would be impractical to cover.
(e) Prohibited storage. The following forms of outdoor storage shall be prohibited:
1. Storage within a truck, trailer, covered container, or similar container, whether on wheels or stationary, except temporarily used during construction per §
151.026
;
2. Outdoor storage of trash or other debris;
3. Outdoor storage of wood or other attractive nuisances; and
4. The unscreened storage of vehicles, trailers, or similar equipment awaiting repair, whether operable, licensed, or otherwise. The intent of this provision is not to regulate the normal drop-offs for on-site repair in a timely manner, but instead to prohibit unscreened storage on a property for extended periods of time.
(14) Parking, storage or use of major recreation equipment. For purposes of these regulations, major recreational equipment is defined to include boats and boat trailers, travel trailers, tent trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings and the like. No major recreational equipment shall be parked or stored in any front yard of any lot in a residential district. However, such equipment may park anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
(15) Private recreation facilities. Private recreation facilities associated with residential uses, including, but not limited to, swimming pools and tennis courts, shall be exclusively for the use of the residents or their guests.
(16) Retail sales of goods (as part of freight or warehouse use). Retail sale of goods as part of permitted freight or warehouse uses shall:
(a) Be conducted within the same structure housing the principal warehouse or freight use;
(b) Include only sales items manufactured by the principal use or part of the principal warehouse’s stock;
(c) Be limited to 10% of the total gross floor area of the principal use; and
(17) Satellite dish receiving antennas. Satellite dish receiving antennas shall comply with the following:
(a) Purpose and applicability. The purpose of this section is to promote communication within the Town in a manner which will properly safeguard the public health, safety and welfare, by permitting the use, within certain guidelines, of satellite dishes and antennas for all single family uses.
For duplex, multifamily, and nonresidential uses, satellite dishes and antennas shall be screened and/or painted per the applicable design guidelines.
(b) Small dishes. A “dish” antenna one meter (39.37") or less in diameter shall be installed in an unobtrusive manner. To accomplish this, installation or construction of satellite dish antenna shall be subject to the following minimum requirements:
1. Portable mounted satellite dish antennae are prohibited.
2. A satellite dish antenna may not be placed on any lot which does not contain a principal structure.
3. To the greatest extent possible, all satellite dish antennae associated with single family uses should blend with the dwelling and the immediate surrounding area. To meet this requirement, the following guidelines are provided; however, the Town shall not require a satellite dish antennae to be installed or constructed in a manner so to interfere with television, radio or similar reception or contrary to state and federal requirements:
a. Satellite dish antennae should be installed at the side or rear of structures or yards whenever possible.
b. When installation to the side or rear of structures or yards is not practicable, satellite dish antennae should be:
i. Painted black, dark brown, or dark green, or other color to match the roof if roof-mounted; or
ii. Screened from adjacent properties to the extent possible and practical with non-deciduous plantings, if ground mounted.
(c) Large dishes. A “dish” antenna that is greater than one meter (39.37") in diameter shall be subject to following:
1. A satellite dish antenna shall not exceed 12 feet in diameter and, unless impracticable, shall be of aluminum mesh type.
2. Shall be ground mounted, self-supporting without wires, and be located on a permanent concrete base at grade, in accordance with the manufacturer's recommendations.
3. No more than one satellite dish shall be permitted per lot, and such dish shall only service a receiver located on the same lot.
4. The maximum height of the satellite dish, including any supporting structure, shall not exceed 15 feet above ground level.
5. In any residential zoning district, satellite dishes and associated structures and equipment shall only be located in the rear yard of the lot, and such dish and associated structures and equipment shall be located no closer than five feet to any side or rear property line.
6. The dish shall not be visible to the general public from the street fronting the property. Fences, walls, and/or landscaping may be required to screen the dish.
7. Such satellite dish and base shall be designed to withstand the equivalent of a 70 mile per hour wind. All structures supporting the satellite dish shall be of galvanized, or equivalent construction. All wiring servicing the satellite dish shall be installed underground.
(d) Other antennas. Other forms of antennas for the receiving or transmitting of electromagnetic waves not classified as a “dish” antenna or otherwise regulated by § 151.024 shall be permitted as an accessory use to a single family residence in any residential zoning district. Such antenna and any support structures shall not be located in any required front or side yard area and shall be located no closer than five feet to any rear lot line. No antenna, whether freestanding or attached to another structure, shall exceed 35 feet in height above grade.
(18) Security or caretaker quarters. A dwelling unit for security or caretaker quarters shall:
(a) Be limited to one such dwelling unit per allowed principal use.
(b) Be inside the principal building (detached dwelling units or mobile homes are prohibited).
(c) Not exceed 1,500 square feet of gross floor area.
(d) Provide at least one off-street parking space for each bedroom, in addition to the required parking for the principal use or business.
(e) Be occupied only by the owner, operator, caretaker, or an employee of the principal building, plus that person’s immediate family.
(19) Stand-alone drive-through. Stand-alone drive-through structures not attached to a principal structure shall:
(a) Be prohibited within the Historic District unless they are placed internal to the block and do not cause stacking of vehicles in a public right-of-way;
(b) Be a permanent structure with a fixed foundation;
(c) Be limited in size to 30% of floor area of the principal structure or 600 square feet, whichever is less;
(d) Use the same exterior materials, colors, and building style as the principal use;
(e) Be oriented so that stacking lanes do not extend into primary drive aisles;
(f) Not be located in private drives, landscaping areas, required yards, or setbacks; and
(g) Not be entitled to additional freestanding signs.
(20) Cluster Mailbox Units (CBUs). Centralized mail kiosks or mail deliver; systems used by the United States Postal Service (USPS) for mail and package delivery shall comply with the following standards:
(a) CBUs shall be built to USPS specifications with a concrete pad.
(b) CBUs shall not be located within 50 feet of the perimeter of the development.
(c) CBUs shall be located as follows:
1. Within a building, such as an apartment building, or an accessory facility serving the development such as a clubhouse or pool house; or
2. Stand-alone.
(d) CBUs shall be accessed by walkways or sidewalks meeting handicap accessibility width and paving requirements. Any walkways or sidewalks shall connect CBUs to parking areas and the overall walkway and sidewalk system of the development if they exist.
(e) CBUs shall be located in common open space maintained by a homeowners' association/property owners association (HOA/POA) or on private property in an easement for maintenance by an HOA/POA. The Town is not responsible for the maintenance of CBUs.
(f) CBUs shall not be located in public right-of-way, block public sidewalks, or block vehicular sight visibility.
(g) The area of each CBU located in common open space shall apply towards any required open space for the development.
(h) If adequate lighting is to be provided for CBUs, then light fixtures shall comply with § 151.190 if needed.
(i) The aesthetic nature of the CBU shall be considered an integral element of the overall site design and shall be reviewed by the PRC or HDC as applicable, as part of the development application review procedures.
1. Structures for CBUs shall be designed to be compatible with the dwellings in the neighborhood and any other common open space structures in scale, design, materials, and color.
2. The mail storage containers of the CBU shall be bronze, black, dark green, or anodized (silver) aluminum in color.
(21) Interpretation of unidentified accessory uses. The Town Planner shall evaluate applications for accessory uses that are not identified in § 151.025(D) on a case-by-case basis, based on the following standards:
(b) The additional standards for comparable accessory uses, if applicable, established in § 151.025(D);
(c) The purpose and intent of the base district, overlay district, or planned development in which the accessory use is located;
(d) Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and
(e) The compatibility of the accessory use with other principal and accessory uses permitted in the district.
(Ord. 2011-02, passed 3-14-11; Am. Ord. 2011-04, passed 3-14-11; Am. Ord. 2011-05, passed 5-23-11; Am. Ord. 2013-07, passed 7-8-13; Am. Ord. 2015-07, passed 9-28-15; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2021-01, passed 5-24-21; Am. Ord. 2021-14, passed 10-11-21)