(A) Customary accessory uses permitted on residential properties include the following.
(1) Accommodations for bona fide servants or guests, including unattached guest houses.
(2) (a) Keeping of not more than 9 domestic animals; however, a commercial stable or kennel is not an accessory use. Farm parcels are exempt from this limitation.
(b) Keeping of farm animals in residential districts on a lot containing 3 acres or more provided no pens, stalls or runs will be located closer than 50 feet of any lot line, unless approved as a limited agricultural activity as provided in § 1-19-5.310 and § 1-19-8.325.
(3) Recreation facilities, such as swimming pools or tennis courts, located on residential lots, if the use of the facilities is restricted to occupants of the principal use and guests for whom no admission or membership fees are charged, or such facilities occur on a lot adjoining the principal use and both uses are under the same ownership.
(4) Domestic or agricultural storage in a barn, shed, tool shed, or similar building or other structure.
(5) Home occupations.
(a) General home occupation standards. All home occupations shall comply with the following conditions.
1. There will be no exterior evidence, other than a permitted sign, to indicate that the building is being used for any purpose other than that of a dwelling or an accessory structure.
2. No retail sales or services, other than goods grown, produced or assembled on the premises, shall be conducted on the premises; however, retail sales of products not produced on the premises are permitted when these sales are only incidental to and part of the primary function of the business. As a home occupation, antique shops in the A and RC Zoning Districts shall be permitted to conduct retail sales in accordance with the remaining requirements set forth in this chapter.
3. Additional off-street parking will be provided in accordance with the requirements set forth by use in § 1-19-6.220. If there is a question as to the use and corresponding parking, the Zoning Administrator shall make the determination.
4. The home occupation shall not cause any odor, dust, smoke, vibration, noise, or electromagnetic interference which can be detected at or beyond the property line.
5. There will be no outdoor storage of equipment, material, or stock.
6. There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials as defined by the U.S. Environmental Protection Agency.
7. The business must be conducted by a full-time resident of the property.
8. Home occupations located on properties utilizing a common drive shall be required to give notice of home occupation use to adjoining property owners by registered or certified mail.
9. Any interior structural alterations to accommodate the home occupation will require the issuance of a building permit.
10. Cannabis dispensary, cannabis growing facility, and cannabis processing facility are not permissible home occupation uses.
(b) Home occupation with "no impact." Home occupations with "no impact" are a permitted accessory use upon completion of home occupation survey form in the Department of Planning and Development Review. Home occupation owners must comply with the general home occupation standards and the following conditions.
1. No more than 5 business- related vehicle visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified in the Comprehensive Plan. When located on a collector roadway, no more than 5 business-related vehicle visits per day at the premises, or no more than 20 per week, whichever is greater, excluding delivery vehicles, are permitted. There will be no limit on the number of business-related vehicle visits to a residence when located on an arterial roadway. Deliveries are only permitted by public or private delivery services that customarily make residential deliveries.
2. No nonresident employees (full-time or part-time) are permitted to work on the premises.
3. No more than 600 square feet of an accessory structure may be used for business purposes. There is no limit to the amount of square footage which can be utilized within the principal structure, provided the home occupation remains incidental to the residential use. For parcels of 10 acres or greater in size, the size of accessory structures to be used may be enlarged by special exception after giving due consideration to setbacks, size and location of structure and its impact on the adjoining properties.
4. More than 1 home occupation with no impact may be conducted on the premises; however, the combined business-related impact of the home occupations shall not exceed the limits established in items (b)1.-3. above.
5. "No impact" home occupations may be permitted in all types of residential structures.
(c) Home occupation with "minor impact." Home occupations with minor impact must obtain a zoning certificate through the Department of Permits and Inspections. Home occupation owners must comply with the general home occupation standards in subsection (5)(a) and the following conditions.
1. No more than 2 business- related vehicle visits per day nor more than 10 visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified on the Comprehensive Plan. When located on a collector roadway, no more than 5 business-related vehicle visits per day at the premises, or no more than 20 per week, whichever is greater, excluding delivery vehicles, are permitted. There will be no limit on the number of business-related vehicle visits to a residence when located on an arterial roadway. Deliveries are only permitted by public or private delivery services that customarily make residential deliveries.
2. No more than one nonresident employee (full-time or part-time) is permitted to work on the premises.
3. In residential and conservation zoned parcels, no more than 600 square feet of an accessory structure may be used for home occupation purposes. This square footage may increase to 1,200 square feet in the agricultural zone and on lots over 5 acres in the Resource Conservation (RC) Zone. There is no limit to the amount of square footage which can be utilized within the principal structure, provided the home occupation remains incidental to the residential use. For parcels of 10 acres or greater in size, the size of accessory structures to be used may be enlarged by special exception after giving due consideration to setbacks, size and location of structure and impact on the adjoining properties.
4. More than 1 home occupation with minor impact may be carried out on the premises; however, the combined business-related impact of the home occupations shall not exceed the limits established in items (C)1.-3. above.
5. Home occupations with minor impact shall be permitted within townhouse, condominium, multiplex or apartment dwellings except that vehicle visits shall be limited to the hours between 7:00 a.m. and 6:00 p.m.
(6) Professional offices which:
(a) Are located in the same building as the domicile of the professional practitioner or in an accessory structure existing as of March 28, 1997; and
(b) Do not employ more than 2 assistants; and
(c) Do not substantially change the character or appearance of the dwelling or accessory structure.
(7) The rental of rooms to no more than 2 persons by a resident family.
(8) Radio or television antenna.
(9) The parking of no more than 2 school buses driven by resident(s).
(B) An accessory structure shall be limited in size when located on a residentially zoned property to the following:
(1) The total square footage of all floors of the accessory structure shall not exceed that of the dwelling;
(2) Except as provided in subsection (B)(3) below, the footprint of an accessory structure may not exceed the greater of:
(a) One-half of the footprint of the principal dwelling; or
(b) Six hundred square feet.
(3) One (1) accessory structure located on a Residential-1 (R-1) zoned property may exceed the footprint limits of subsection (B)(2) above, provided that the footprint of that accessory structure does not exceed 2000 square feet, and provided that the lot size equals or exceeds 20,000 square feet.
(4) The square footage allowed for business purposes in an accessory structure shall be 600 square feet.
(5) Accessory structures shall not exceed 70% of the maximum height allowed for the principal permitted use, except as otherwise provided within this chapter.
(Ord. 77-1-78, § 40-47(C), 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 80-24-176, 8-26-1980; Ord. 92-19-054, 8-18-1992; Ord. 94-28-123, 12-8-1994; Ord. 95-28-152, 12-5-1995; Ord. 97-05-183, 3-18-1997; Ord. 98-02-204, 2-3-1998; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 12-08-603, 4-17-2012; Ord. 14-05-660, 5-22-2014; Ord. 14-23-678,
11-13-2014; Bill No. 23-21, 11-21-2023)