This section shall apply to accessory uses and structures in all zoning districts, unless otherwise provided for in the development requirements of the district in which the property is located or the respective planned development text.
(a) Permitted Accessory Uses and Structures in Residential Districts. The following provisions pertain to accessory uses and structures when located in Residential Districts. Unless otherwise stated in this Section or exempted below, detached accessory buildings and uses shall be located in the rear yard.
(1) Accessory Buildings
A. No accessory building shall be used as a dwelling unit, sleeping quarters, or business, except as may be allowed in the R-3MS District.
B. There shall be no more than two (2) detached accessory buildings on a lot in a Residential Zoning District. Only one of these accessory buildings can be a garage.
C. The total square foot area of all accessory building on a lot shall not exceed 1,000 or fifty percent (50%) of the footprint of the principal structure whichever is smaller.
D. A detached accessory building shall be at least ten feet from any dwelling or other accessory building or structure situated on the same lot or abutting.
E. A detached accessory building shall not exceed twenty (20) feet in height or the height of the principal structure whichever is less.
F. All parts of a detached accessory building shall be at least three (3) feet from all lot lines.
G. Accessory buildings are not permitted in front of the principal structure or within a front yard.
H. On a corner lot all accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(2) Swimming pools, hot tubs, and Private Residential Recreational Facilities.
A. Swimming Pools & Hot Tubs.
1. The pool and hot tub is to be used only by the occupants and guests of the principal use on the property.
2. The pool, including any ancillary sidewalk or decking surrounding said pool, shall be no closer to the side lot line than the side yard requirement for the district in which it is located; and may encroach into the rear yard setback but in no instance shall be closer than ten (10) feet to the rear property line.
3. A swimming pool located closer than fifty (50) feet to a property line shall be screened by an obscuring fence, wall, hedge, or building not less than six (6) feet in height and maintained in good condition.
4. A pool is exempt from the lot coverage regulations, except that an above ground pool shall not exceed fifty percent (50%) of the rear yard area.
5. No private swimming pools, including inflatable pools, shall be located in the front yard.
6. A hot tub shall not be located in a front yard and shall set back from the side and rear property lines in accordance with the district requirements.
B. Private Residential Recreational Facilities. (i.e. tennis courts, baseball field, skate ramps, basketball court)
1. May only be used by the occupants and guests of the principal use on the property.
2. May be located only in the rear yard.
3. A fence is permitted in accordance to subsection (c)(4) below, except the fence shall be located no closer than five (5) feet of any property line.
4. Such courts may be fenced with a chain link fence located around the perimeter of the court, except as regulated in the Mile Square, and any fence over six (6) feet in height shall be planted with large shrubs in sufficient quantities to screen and filter the view.
5. A fence or wall shall not exceed eight (8) feet in height.
6. No special lighting shall be erected for the recreational facility other than standard lighting typical for residential use.
7. A portable basketball hoop may be located off of a driveway in the front yard, but such hoops shall not be positioned in such a way that participants are playing in the public street.
(3) Porches, Stoops and Decks.
A. All porches, stoops and decks, inclusive of those attached to the principal structure or detached, shall meet the setback requirements for the district in which it is located except when affiliated with a pool as regulated in Section 1141.01(a)(2) above.
B. Properties in the Mile Square are subject to the Mile Square Design Guidelines.
(4) Exemptions.
A. The following items are permitted in the side or rear yards, and do not require a permit:
1. Swings or play sets.
2. Sandboxes.
3. Gardens with garden type fencing.
4. Clotheslines.
5. Inflatable pools of less than two (2) feet in depth.
6. Trellises.
7. Outdoor fire pits or chimneys.
8. Wood piles.
B. The following items are permitted in any yard, and do not require a permit:
1. Birdbaths or Fountains.
2. Flagpoles.
3. Statues.
(b) Accessory Use Provisions in Business and Industrial Districts. Permitted accessory uses in a Business or Industrial District include any use which is customarily found in conjunction with and required for the utilization and economic viability of the principal use, which meets the definition of accessory use as stated in this Ordinance, and which complies with the applicable standards of the district in which it is located.
(1) Accessory Buildings.
A. The total square foot area of all accessory buildings on a lot shall not exceed 1,000 or ten percent (10%) of the footprint of the principal structure whichever is greater.
B. A detached accessory building shall be at least ten (10) feet from any other building or structure situated on the same lot or abutting.
C. A detached accessory building shall not exceed the height of the principal structure.
D. All parts of a detached accessory building shall be at least ten (10) feet from all lot lines.
E. Accessory buildings are not permitted in front of the principal structure or within a front yard.
F. On a corner lot all accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(2) Outdoor Vending Machines, Facilities for Recycled Goods or Materials, Display and Storage Areas, etc.
A. As used in this subsection, the term "vending facilities" includes:
1. Self-service mechanical dispensers such as but not limited to soft drink machines, candy machines, news racks, movie kiosks, mechanical rides; and
2. Freestanding container racks from which customers pick up merchandise to be purchased inside the buildings such as, but not limited to ice coolers/freezers, propane tanks, mulch, and;
3. Dumpster styled containers for recycling materials or clothing donations; but
4. Excludes motor fuel pumps.
B. These facilities may be permitted in all business and industrial districts.
C. Such facilities shall not occupy the following unless designated on a site development plan.
1. Private sidewalks that impede pedestrian traffic.
2. The public right-of-way,
3. Within an interior drive or drive isles,
4. Landscape areas or required parking areas,
5. Any area that will interfere with required driveway sight distance,
6. The front yard setback or side yard setback adjacent to the public right-of-way, except when located against the building.
(c) Accessory Use Provisions for All Zoning Districts.
(1) Handicap Ramps As regulated in the City of Oxford Buildings Codes.
(2) Accessory building or use shall be erected on the same lot on which a principal structure already exists.
(3) An accessory building or use which is attached to the main building shall comply with all the requirements of the zoning district regulations that are applicable to the principal building.
(4) Fences, walls and hedges. The intent of these provisions is to outline the regulations for accessory fences, walls and hedges. Such structures and plantings shall generally improve the aesthetic appearance of a site. Where buffer yard or other screening requirements pursuant to the provisions of this Ordinance differ from the provisions of this section, the more stringent requirements shall apply.
A. Residential fences, walls, and hedges:
1. May not exceed four (4) feet in height in front yards.
2. Cannot exceed eight (8) feet in height in side and rear yards.
4. Shall be located at least two (2) feet from the property side of any sidewalk present and shall not be located in the public right-of-way.
B. Non-residential fences, walls, and hedges:
1. May not exceed six (6) feet in height in the front yards or four (4) feet in height in the Uptown "UP" Zoning District.
2. May not exceed twelve (12) feet in height in side and rear yards.
4. Must be located at least two (2) feet from the property side of any sidewalk present, except in the Uptown (UP) district.
5. Shall not be located in the public right-of-way.
6. If fencing or a gate blocks the access drive to the property, there shall be a sufficient queuing space provided.
C. Barbed wire and electrified fences are not permitted.
(5) Home Occupations. A home occupation does not require a zoning permit. If the Zoning Administrator determines that a business is operating in a residential or commercial district and that it does not meet the regulations of this section, the property owner of the property on which the business is operating shall be guilty of a violation of the Zoning Code. A home occupation shall:
A. Have person(s) residing in the premises engaged in the business activity.
B. Be conducted entirely within an existing dwelling unit and/or one enclosed accessory structure.
C. Occupy a maximum of twenty-five percent (25%) of the floor area of the residence and/or enclosed accessory structure, including all operations and storage.
1. Attached garages as well as unfinished basements or attic areas shall not be counted towards the total floor area of the dwelling unit. In situations where there are two (2) or more dwelling units attached, the calculation of the total floor area shall be limited to the area of the dwelling unit in which the operation will be located.
2. Such accessory structure shall not be utilized for a home occupation if it is the required parking space for the principal use.
D. Home Occupations located in the R1A, R1B, RO and GB zoning districts are permitted to have two (2) non-resident employees, however no more than one non-resident employee is permitted on the premises at one time. One (1) non-resident employee is permitted in the R1MS, R2A, R2MS, R3, R4 and R3MS zoning districts.
E. Any nonconforming residential use in the GB zoning district that exceeds the requirements herein for a home occupation shall lose its nonconforming status.
F. Not change the outside appearance.
G. Have no deliveries or clients before 9:00 a.m. or after 9:00 p.m.
H. Have fewer than ten (10) business visitors per week.
I. Have no more than one (1) business visitor at a time.
J. Have only one (1) non-illuminated sign a maximum of two (2) square feet, mounted flat against the wall of the principal building.
K. Not generate a greater volume of traffic or parking need than would normally be expected in a residential neighborhood.
L. Not generate noise, vibration, fumes, odors, electrical interference, or other offensive effects and noxious omissions generated by the home occupation detectable outside of the dwelling unit (or off of the lot at single-family residences).
M. Prohibited Home Occupations.
1. Homes that serve as a gathering point for employees engaged in the business operation that takes place off the premises. This may include, but it is not limited to, landscape and/or lawn care business offices, construction offices, or a trucking business where drivers or employees gather at the home before being dispatched from the home for the purposes of the home occupation.
2. Operations that require fire safety inspections.
3. Operations involving biohazard materials or hazardous waste that poses substantial or potential threats to public health or the environment.
4. Operations that require the use of mechanical ventilation systems to exhaust the by-products of the home occupation; or
5. Operations that involve the use of controlled substances.
(6) Transient Guest Lodging.
A. Transient Guest Lodging is allowed as an accessory use only in Single-, Two- and Three-Family Dwellings, including any that are condominiums. Transient Guest Lodging is prohibited for all other principal uses and building types, including Multi-Family Dwelling structures with four (4) units or more.
B. The principal use to which the Transient Guest Lodging is associated must be one that is permitted by the underlying zoning district.
C. For Two- and Three-Family Dwellings, only one (1) unit at a time within a building may be used for Transient Guest Lodging.
D. There shall be no more than (1) Transient Guest Lodging Booking per dwelling unit at a time.
E. Transient Guest Lodging is permitted by-right when the number of cumulative days booked per year does not exceed ninety (90) for the entire structure. A Conditional Use Permit is required in order to be allowed more than ninety (90) days.
F. A Transient Guest Lodging use that cannot meet the standards provided above may seek approval of a Conditional Use Permit as a Bed and Breakfast in accordance with Chapter 1147.
G. All dwellings being utilized for Transient Guest Lodging shall be registered with the City pursuant to Chapter 743 of the Oxford Codified Ordinances.
(Ord. 3610. Passed 1-19-21.)