(A) General. Accessory structures and uses shall be consistent with all standards in the district for the principal use, except as expressly set forth below. Additional design considerations may be outlined in the Kenly General Design Guidelines.
(1) Accessory structures and uses shall be accessory and clearly incidental and subordinate to a permitted principal use. An accessory use shall only be allowed when a principal use exists.
(2) Accessory structures and uses shall be located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.
(3) Accessory structures and uses shall not involve operations or structures not in keeping with the character of the primary use or principal structure served.
(4) Accessory structures and uses shall not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable.
(5) An accessory use shall contribute to the comfort, convenience or necessity of occupants of the primary use served.
(6) An accessory use shall be located within the same district as the principal use.
(7) Tractor trailers are prohibited as storage buildings or structures except as permitted on an active construction site.
(B) Accessory structures. Accessory structures, not including accessory dwelling units (see division (C)(1) below) shall be subject to the following requirements:
(1) Zoning permit required. It shall be unlawful to begin moving, constructing, altering, or repairing, except ordinary repairs, of an accessory structure, until the Planning Department has issued a zoning permit for such work (see § 156.709).
(2) Setbacks.
(a) No accessory structure shall be located closer than 10 feet to any other building or manufactured home.
(b) No accessory structure shall extend in front of the rear line of the principal structure, except in the B-1 District, where the Board of Adjustment may approve a conditional use permit for an accessory use or structure to be placed in any yard other than the rear yard.
(c) No accessory structure may extend within 5 feet of any lot line in R-6 and R-11 zoning districts, and within 10 feet in all other zoning districts. No accessory structure shall be located within 20 feet of any street right-of-way.
(3) Height. The height of an accessory structure shall not exceed the height of the principal structure, unless approved as a conditional use by the Board of Adjustment, as provided in § 156.710.
(4) Number. No more than one accessory structure shall be permitted on the same lot as any primary structure in R-6, R-8, and R-10 residential districts, and no more than 2 accessory structures shall be permitted on the same lot as any primary structure in all other zoning districts.
(C) Accessory uses in residential districts.
(1) Accessory dwelling units. One accessory dwelling shall be permitted as a conditional use by the Board of Adjustment (see § 156.710) subject to their approval and the following requirements:
(a) The living area of the accessory dwelling shall not exceed the living area of the principal structure. In no case shall the total floor area of the accessory dwelling unit exceed 600 square feet.
(b) The accessory dwelling shall not have a separate electrical meter.
(c) The owner of the property shall occupy either the primary structure or the accessory dwelling.
(d) The principal dwelling and accessory dwelling unit together shall not exceed the maximum building coverage and impervious surface requirements for the district.
(e) All principal structure setbacks and yard requirements shall be met.
(f) One additional parking space on the same premises shall be required for the accessory dwelling unit.
(g) A subdivision with accessory dwelling units shall not exceed the maximum district density requirements, counting all principal dwelling units and any accessory dwelling units.
(h) An accessory dwelling shall either be located within the principal structure; or meet the following standards:
1. The accessory dwelling shall be located on the same lot as the principal structure;
2. The accessory dwelling shall be separated by at least 10 feet from the principal structure;
3. The accessory dwelling shall be located in the rear or side yard of the principal structure. The rear and side setback shall be equal to those of all accessory structures;
4. Total building coverage and impervious surface area shall not exceed that permitted in the district;
5. The height of a principal structure shall not be exceeded by any accessory dwelling; and
6. The accessory dwelling unit shall be architecturally consistent with the principal structure.
(2) Home occupations.
(a) Prohibited home occupations. The following uses are not permitted as home occupations:
1. Vehicle and/or body and fender repair;
2. Outdoor repair;
3. Commercial nursery or truck farming;
4. Food handling, processing or packing, other than services that utilize standard home kitchen equipment;
5. Medical or dental lab;
6. Restaurant;
7. Sale or repair of firearms;
8. Bulk storage of flammable liquids;
9. Funeral homes and mortuaries; and
10. Animal hospitals and kennels.
(b) Class A. The intent of a Class A home occupation is to permit very limited activities in a residential dwelling, provided such activities do not impact or detract from the residential character of the neighborhood. A Class A home occupation shall be deemed an accessory use and no further approval shall be required, provided the use meets the standards of this chapter.
1. The use of the dwelling unit for Class A home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure.
2. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of a home occupation.
3. No business, storage or warehousing of material, supplies or equipment shall be permitted outside of the primary dwelling unit.
4. No equipment or process shall be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference.
5. No display of products shall be visible from the street.
6. A Class A home occupation shall be subject to all applicable licenses and business taxes.
7. No persons other than members of the family residing on the premises shall be engaged in the home occupation.
8. Storage space and the operation of the business inside the dwelling unit shall not exceed 25% of the first floor area of the residence.
9. Customers and employees coming to the residence to conduct business shall not be permitted.
10. No signage shall be permitted.
(c) Class B. A Class B home occupation is a business, profession, occupation or trade conducted for gain or support within a residential dwelling or its accessory buildings that requires employees, customers, clients or patrons to visit the home. A Class B home occupation shall be permitted as a conditional use provided that the Board of Adjustment shall determine in its judgment that:
1. It is carried on by a person residing on the premises and employs no more than 2 employees not living on the premises;
2. No more than 20% of the total actual floor area of the dwelling shall be in the conduct of the home occupation;
3. No more than 2 vehicles are used in the conduct of the home occupation, and such vehicles are parked off the street;
4. No merchandise or commodity is sold on the premises, except what is incidental to the home occupation;
5. No mechanical equipment is installed or used except such that is normally used for domestic or professional purposes;
6. No expansion shall be permitted outside the principal structure that houses the home occupation, except that which is necessary to house vehicles used in the conduct of the home occupation;
7. It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;
8. The use will not create undue traffic congestion or create a traffic hazard; and
9. Advertising signs shall be limited to 1 unlighted wall sign no larger than 3 square feet in area, attached to the structure housing the home occupation, or 1 yard sign of the same size not to exceed 3 feet in height.
(3) Swimming pools. When allowed, in-ground and above ground swimming pools that have a water depth over 24 inches and or have a surface area of at least 100 square feet shall be subject to the following requirements (see of Chapter 153, Swimming Pools, for additional standards).
(a) Private pools. Private swimming pools (as well as the decking and equipment associated with the pool) on single-family detached, zero lot lines, alley-loaded, and two-family lots shall not be located in the street yard and shall not be closer than 5 feet to any property line.
(b) Outdoor community pools, private club pools, or pools in multi- family complexes.
1. Outdoor pools including decking shall be located at least 50 feet from any property line adjacent to a residential district or use, and at least 25 feet from any property line adjacent to any other district or use.
2. When the pool is adjacent to off-site residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement may be waived if a permit has been issued for a special event.
(4) Vehicle repair. Up to 2 vehicles may be repaired simultaneously on a residential property if the vehicles are registered to an occupant of the residence.
(5) Vehicle sales. Vehicle sales shall be prohibited within a residential district or on property devoted to residential use, except that the sale of a private vehicle registered to the occupant of the residence shall be allowed. No more than 1 such vehicle shall be displayed at a time.
(D) Accessory uses in nonresidential districts.
(1) Drive-thru. Drive-thru facilities shall be subject to the following requirements:
(a) A drive-thru shall only be permitted in conjunction with a permitted nonresidential use.
(b) Drive-thru windows and lanes shall be screened in accordance with § 156.402.
(2) Outdoor seating and dining. Outdoor seating and dining may be allowed subject to major site plan approval by the Planning Board (see § 156.707).
(3) Swimming pools.
(a) Outdoor pools shall meet the standards of Chapter 153, Swimming Pools.
(b) Outdoor pools including decking shall be located at least 50 feet from any property line adjacent to a residential district or use, and at least 25 feet from any property line adjacent to any other district or use.
(c) When the pool is adjacent to residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement may be waived if a permit has been issued for a special event.
(E) Accessory uses for places of worship. Accessory uses are permitted for a place of worship in accordance with the following standards:
(1) The following facilities may be considered accessory to a place of worship. Additional buffering may be required through the review and approval of a site plan to address the intensity of the proposed place of worship and the proposed accessory uses:
(a) Offices for the place of worship;
(b) Rooms for religious instruction or counseling;
(c) Meeting rooms for intermittent community meetings or instruction;
(d) Fellowship hall;
(e) Kitchen facilities;
(f) Senior center, neighborhood arts center or other community center;
(g) Temporary child care during religious services or events;
(h) Outdoor play area;
(i) Columbarium;
(j) "Meals on Wheels" or other similar programs using the kitchen in the place of worship but delivering food elsewhere; and
(k) Residence for clergy employed by the place of worship.
(2) The following accessory uses are subject to approval of a major site plan by the Planning Board (see § 156.707):
(a) Gymnasium or similar indoor recreational facility;
(b) Cemetery;
(c) Overnight accommodation for visiting clergy and non-paying guests of clergy employed by the place of worship;
(d) Child care center;
(e) School;
(f) Soup kitchen or other social service facility; and
(g) Athletic field or similar facility.
(Ord. passed 6- -2019)