§ 156.113   ACCESSORY USES.
   (A)   The Table of Permissible Uses (§ 156.110) classifies different principal uses according to their different impacts.  Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use: (1) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or (2) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use.  For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special use permit.
   (B)   For purposes of interpreting subsection (A):
      (1)   A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use,
      (2)   To be "commonly associated" with a principal use, it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.
   (C)   Without limiting the generality of subsections (A) and (B), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
      (1)   Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as the building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.
      (2)   Hobbies or recreational activities of a noncommercial nature.
   The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) to not more than two persons who are not part of the family that resides in the single-family dwelling.
   Yard sales or garage sales, as long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period.
   (D)   Without limiting the generality of subsections (A) and (B), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.
      (1)   Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational.
      (2)   Parking outside of a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classification: single family.
   (E)   Storage units may be used as accessory structures under the following conditions:
      (1)   Districts permitted.  Storage units shall be permitted exclusively in the G- B and G-I zoning districts.
      (2)   Number and duration.
         (a)   Within the G-B district, two storage units may be located on a development site on a permanent basis upon issuance of a valid zoning permit.  In addition, up to two storage units may be located on a development site on a temporary basis for up to four months of each year (the same four month period for each if two units are used) upon issuance of a valid zoning permit.  For the purpose of this section, a land development site is defined as one or more adjacent parcels of land functioning as a single project (e.g. shopping centers and warehouse sites including one or more buildings).
         (b)   Within the G-B and G-I districts, the total amount of square footage of storage units allowed shall not exceed 50% of the total square footage of the structures housing the principle use of the development site except that two permanent storage units shall be permitted per site regardless of the square footage requirement.
      (3)   Use.
         (a)   Storage units are to be used for storage incidental to the principal use on the same development site.
         (b)   Storage units shall not be used for retail sales or any other principal use.
         (c)   Storage units used to store hazardous materials shall meet all regulations or requirements of the NC State Building Code and any applicable National Fire Protection Association standards.
      (4)   Location.
         (a)   Except within the G-I district, no storage unit shall be placed between the front building line of the principal building and a street right-of-way.
         (b)   All storage units shall be located at least 50 feet from all street rights-of-way.
         (c)   Storage units shall not block access to a parking lot and shall not otherwise interfere with on-site traffic circulation.
         (d)   Storage units shall not occupy required off-street parking spaces.
         (e)   Storage units shall not block fire department access to any building, fire protection equipment or water supplies.
      (5)   Screening.  Opaque screening shall be required around all stationary units which are: (1) otherwise visible from an adjacent property boundary (including uses separated from the subject property by a public street, creek, lake or similar feature) which is located in a zoning district other than G-B and G-I; and (2) located in G-B or G-I zoning district and are otherwise visible from a public street.  Such screening may be composed of any one or combination of the following: A wall or fence constructed of masonry materials or treated lumber that is a minimum of six (6) feet in height and complies with all applicable building codes or a vegetative screen that is composed of evergreen trees spaced no more than five (5) feet apart and are a minimum of six (6) feet in height as measured from grade at the time of planting.
      (6)   Maintenance.
         (a)   The area underneath and surrounding all storage units shall be paved or graveled and shall be maintained to prevent the overgrowth of grass and weeds and the accumulation of junk, trash, or debris.
         (b)   All stationary storage units shall be periodically painted or otherwise maintained to prevent rusting and deterioration.
         (c)   Storage units are subject to the city's junked vehicle and nuisance regulations.
      (7)   Watershed compliance. The area underneath and surrounding all storage units shall be included in the total impervious coverage for the development site.  If such area has not been continually impervious since prior to 06/22/93 or it has not been previously included in impervious coverage calculations for the development site, a sealed plan shall be required demonstrating compliance with the watershed requirements for the City of Monroe.
      (8)   Effect on existing storage units.  Any storage unit located on a development site prior to January 1, 2001 shall be required to comply with all of the provisions herein within six months of receiving written notification from the City Zoning Enforcement Officer of these requirements.
      (9)   Exceptions.
         (a)   Bona Fide commercial farms, nurseries, and landscaping uses located within residential districts that are conforming or legal nonconforming uses shall be permitted to have up to two permanent onsite storage units upon issuance of a valid zoning permit.  Such units shall be located at least 50 feet from any adjoining property line.
         (b)   Temporary storage units associated with the construction or renovation of buildings or public infrastructure shall be subject to the requirements for temporary trailers as set forth in § 156.062.
   (F)   Swimming pools.
      (1)   All swimming pools must be entirely surrounded by a barrier.  The top of the barrier shall be at least 48 inches above grade, measured on the side of the barrier that faces away from the swimming pool.  Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, as is the pool structure, or mounted on top of the pool structure. The barrier design shall meet all applicable requirements of the North Carolina State Building Code, Volume VII, and Appendix D.
      (2)   All gates providing direct access to a swimming pool shall be equipped with a locking device.  The gate shall open outward away from the pool and shall be self-closing and self-latching.  Any release mechanism on a self-latching device must be placed no lower than 54 inches from the bottom of the gate; or if it is located less than 54 inches from the bottom of the gate, it shall be located on the pool side of the gate at least three inches below the top of the gate.
      (3)   This section does not apply to the following:
         (a)   Any system of pumps, irrigation canals, or irrigation flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing, or conveying water;
         (b)   Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural practices;
         (c)   Any portable hot tub or spas with a safety cover;
         (d)   Small, temporary pools not more than 24 inches deep designed for use by children which are commonly referred to as "wading pools" or "kiddy pools."
      (4)   Effect on existing swimming pools.  Any swimming pool that existed prior to May, 2002, shall be required to comply with all of the provisions herein within one year of receiving written notification from the City Zoning Enforcement Officer of these requirements.
   (G)   Satellite dishes.  A satellite dish shall not be constructed in any front or side yard and may only be constructed in rear yards where it is not visible from the street or from any adjoining lot.
   (H)   Donation boxes.
      (1)   Shall only be located in General Business (GB) zoning districts.
      (2)   Shall display the owner’s name and phone number in a prominent location on the donation drop box.
      (3)   Shall only be located on a developed lot that is at least 40,000 square feet in size.
      (4)   Shall not be located closer than 20 feet to any public street right-of-way.
      (5)   Shall not be located between the front building line of the principal building and a street right-of-way.
      (6)   Shall not obstruct pedestrian or vehicular circulation, nor be located in public rights-of-way, required building setbacks, vehicle accommodation areas, or other unsafe locations.
      (7)   Shall be low reflectance earth tone, muted, subtle or neutral colors.
      (8)   Shall be no larger than six feet in width, six feet in length, and six feet in height.
      (9)   Shall be constructed of noncombustible material and properly maintained.
      (10)   Any donations left outside of the box shall be removed within 36 hours.
      (11)   An approved zoning permit shall be obtained prior to the donation box being located on a lot.
      (12)   The donation box owner must provide documentation of the property owner’s approval to place the donation box on his/her property. This shall be submitted with the zoning permit application.
      (13)   Each parcel shall be limited to a maximum of two donation boxes.
      (14)   Donation boxes must comply with state law.
(Ord. O-2003-63, passed 12-16-03; Am. Ord. O-2013-28, passed 9-3-13; Am. Ord. O-2017-23, passed 10-3-17)