(A) Board of Zoning Appeals approval. To vary from the following specific use standards shall require review and approval from the Board of Zoning Appeals pursuant to the development standards variance process prescribed by this chapter.
(B) Purpose and intent. The intent of these accessory use and structure standards is to address the unique features of these types of structures and uses; allow the reasonable utilization of property; and to ensure the provision of adequate light, air, and circulation on each property.
(C) Order of establishment. No accessory use or structure, or incidental use or structure, shall be permitted to be located, placed, or established on any lot prior to the issuance of an improvement location permit for a primary structure, or an occupancy permit for a primary land use. All accessory uses and structures shall be permitted only in association with, and on the same lot as, the primary use or structure.
(D) Incidental uses and structures. The following shall be considered incidental uses and structures and shall meet the requirements specified herein.
(1) Satellite dish.
(a) Residential zoning districts.
1. Size. Satellite dishes located in a single-family residential zoning district shall not exceed 24 inches in diameter.
2. Location. No satellite dish, including anchors and supports, shall be permitted in any front yard (not just the minimum front yard setback), or within the required side and rear yard setbacks.
3. Height. No satellite dish within a residential zoning district shall be mounted above the height of the eave of the roof.
(b) Non-residential. For all satellite dishes 24 inches in diameter, or greater, located within a non-residential zoning district shall comply with the following:
1. Location. No satellite dish, including anchors and supports, shall be permitted in any front yard, or within the required side and rear yard setbacks in any non-residential district.
2. Height. In all non-residential zoning districts, no satellite dish shall exceed ten feet in height, measured from ground level if mounted on the ground, or five feet in height above the highest point of the roof of the primary structure if mounted on the roof.
3. Screening. All satellite dishes located in a non-residential district shall be screened by the structure of the roof if mounted on the roof, or by landscaping approved by the Administrative Officer if mounted on the ground.
(2) Free-standing kiosks and vending machines. The town prefers that all kiosks and vending machines be located inside or flush with the exterior of an existing building. All free-standing kiosks and vending machines shall require a kiosk or vending machine permit from the town. Free-standing kiosks and vending machines include, but are not necessarily limited to, any free-standing, unmanned automated teller machine (ATM) or vending machine, but excluding newspaper racks and payphones. All free-standing kiosks and vending machines shall comply with the following:
(a) Visibility. All free-standing kiosks and vending machines shall be located to minimize visibility to the street. If located adjacent to an existing building, the back of the kiosk or vending machine shall be positioned flush with the exterior wall. Kiosks or vending machines shall be located under an awning or contained in a roofed shelter, stall or other structure, which is architecturally compatible to the primary structure and so located as not to interfere materially with the use of the property or adjacent properties. The kiosks and machines shall not impede pedestrian traffic or encroach onto the clear travel space of sidewalks or paths.
(b) Interference with design elements. The placement of a free-standing kiosk or vending machine shall be coordinated with the architecture of the building with which it is associated so as not to cover up or otherwise detract from window and door openings, landscaping, or decorative elements.
(c) Pedestrian traffic flow. No free-standing kiosk or vending machine shall be placed in a location so as to impede pedestrian access, block parking areas or create an unsafe condition. A minimum of 36 inches clearance in front of the kiosk or vending machine is required when placed within a pedestrian way.
(d) Public rights-of-way. No free-standing kiosk or vending machine may be installed within a public way or immediately adjacent to a public way so as to require customers to stand in the public way to use the kiosk or machine.
(e) Accessibility. Public access to free-standing kiosks and vending machines shall meet all applicable state and federal ADA accessibility requirements.
(f) Illumination. All free-standing kiosks and vending machines shall be externally illuminated for security purposes.
(g) Entertainment media. Any free-standing kiosk or vending machine selling or otherwise offering entertainment media of a sexual nature shall also comply with all applicable sexually oriented uses standards and regulations prescribed by this chapter.
(h) Product waste. All free-standing kiosks or vending machines shall have a waste receptacle incorporated as part of the facility to provide for proper waste disposal.
(3) Other incidentals. Bird baths and houses, mailboxes, lamp posts (provided they do not exceed eight feet in height), doghouses, patios, yard ornaments, athletic courts (provided they are not lighted), and similar items, except as otherwise stated in this chapter, shall be exempt from the requirements of this subchapter, provided they remain otherwise lawful.
(4) Solar panels.
(a) Solar panels may be permitted in all commercial zoning districts, industrial zoning districts, public/semi-public zoning district, Town Center zoning district, and commercial/industrial zoned areas of PUD zoning districts with the following restrictions:
1. Solar panels shall only be roof-mounted;
2. Solar panels are only permitted on flat roofs;
3. Solar panels must be completely screened by parapet walls. Solar panels and their associated components must not be visible from any other property or street;
4. Solar panels shall be designed and installed so as to allow proper access to and around the roof structure for emergency personnel.
(b) Solar panels may be permitted in all residential zoning districts, Old Town zoning district, and residentially zoned areas of PUD zoning districts with the following restrictions:
1. Solar panels shall only be roof-mounted;
2. Solar panels shall only be mounted on the slope or plane of the roof opposite the slope or plane which is oriented towards the street frontage. Solar panels may not be permitted on any front or side roof plane or slope. If the rear roof slope or plane faces a street, and another home is not between the subject home and street, the subject home shall not be permitted solar panels on any portion of the roof;
3. Solar panels shall project no more than a maximum of 18 inches above the roof plane;
4. Solar panels shall not project about the maximum structure height of applicable zoning district;
5. Solar panels shall only be mounted to a primary residential structure; accessory buildings shall not be used for solar panels;
6. Solar panel equipment and components, other than the panels, must not be visible from any other property or street;
7. Solar panels are subject to private restrictions (i.e., HOA covenants); however, the town’s permit process will not include such reviews. Any enforcement of private restrictions shall be the responsibility of the applicable private parties;
8. Solar panels shall be designed and installed so as to allow proper access to and around the roof structure for emergency personnel.
(E) Vehicles use. In no instance shall a vehicle, including semi-tractor trailers, truck bed whether located on or off a truck chassis, and / or mobile home structure be used as an accessory structure in any district (such as for storage, and the like).
(F) Accessory structure location. Accessory structures shall comply with the following location requirements:
(1) Septic fields. No accessory structure shall be placed in any operable septic field.
(2) Landscaping and buffer areas. No accessory structure shall encroach into any required landscaped area or buffer yard.
(3) Yard location. No accessory structure shall be permitted in any front yard. The minimum rear and side yard setbacks for accessory structures shall be the same as the side and rear yard setbacks for primary structures within the zoning district they are located, or setback a distance equal to the height of the accessory structure, whichever is greater.
(4) Easement. No accessory structure shall be permitted in any easement.
(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014; Ord. 071216, passed 7-12-2016; Ord. 010819, passed 2-12-2019)