(a) Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section.
(b) Approval of accessory uses and structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Development Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. All accessory uses shall be subject to the standards in this §9-4-190, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in §9-4-180, Use-Specific Regulations, above.
(c) Interpretation of unidentified accessory uses and structures. The City Manager shall evaluate applications for accessory uses that are not identified in this Section on a case-by-case basis, based on the following standards:
(1) The definition of "accessory use" in Article 8, Definitions, and the general accessory use standards and limitations established in this Section;
(2) The purpose and intent of the district in which the accessory use is located;
(3) Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and
(4) The compatibility of the accessory use with other principal and accessory uses permitted in the district.
(d) General standards. All accessory uses and structures shall comply with the following general standards:
(1) Compliance with this Code.
a. All accessory uses and structures shall be subject to the dimensional requirements of this Article. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control.
b. Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.
(2) Location. The accessory use or structure shall be conducted or located on the same lot(s) as the principal use and to the rear of the front setback line, unless otherwise approved by the City Manager. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure provided that the accessory building is not located closer than ten (10) feet from any alley and not closer than five (5) feet from any property line.
(3) Size. The maximum total size of accessory buildings shall be six hundred (600) square feet unless approved by special use permit. No accessory building shall exceed the height of the site's principal structure.
(4) Same ownership required. The principal use and the accessory use shall be under the same ownership.
(5) Same utility meter required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit.
(e) Additional standards for specific accessory uses and structures
(1) Accessory dwelling units. An accessory dwelling unit shall be permitted subject to the following standards:
a. Districts allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: R-1, R-2. Accessory dwelling units shall be allowed as special review uses in the following districts: B-1 and I.
b. Where permitted on lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located. Accessory dwelling units may be a separate structure from the principal structure or be attached to and part of the principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as accessory dwelling units.
c. Size of accessory dwelling unit. No accessory dwelling unit shall exceed eight hundred fifty (850) square feet in floor area. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities.
d. Limit on number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling.
e. Off-street parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit.
(2) Outdoor display and sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses, provided that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements:
a. Outdoor display or sale shall require approval of the City Manager and may be subject to appropriate conditions by the City Manager to ensure compliance with the provisions of this Subsection.
b. Display of goods shall not be in drive aisles, loading zones or fire lanes and shall not obstruct any entrance to the building.
c. The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building.
d. The outdoor display area may be located in a parking lot provided that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building.
e. No goods shall be attached to a building's wall surface.
f. The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.
g. No outdoor displays shall be allowed in required landscape areas.
h. At least five (5) 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.
(3) Outdoor storage. Outdoor storage is a permitted accessory use in the I zone district with approval of an SRU pursuant to §9-3-80, Special Review Use. In other zone districts, outdoor storage is permitted through the site plan review process and subject to compliance with the following requirements:
a. Except for outdoor storage associated with industrial or agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.
b. 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 (6) and eight (8) feet in height. The fence shall incorporate at least one of the predominant materials and one of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped.
c. A landscaped earthen berm may be used instead of or in combination with a required fence or wall.
d. 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.
e. No materials may be stored in areas intended for vehicular or pedestrian circulation.
f. No storage of any items may occur within the front setback area or within one-half (1/2) of each side setback nearest the street.
g. Rooftop outdoor storage is prohibited.
(Ord. 395 §3, 2016)