(A) (1) The table of permissible uses classifies principal uses according to their different impacts.
(2) Whenever an activity (which may or may not be separately listed as a principal use in the table) is conducted in conjunction with another principal use and the former use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or 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 multifamily 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 division (A) above:
(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; and
(2) In order for an accessory use to be commonly associated with a principal use, the accessory use need only to be associated with the principal use with such frequency that there is common acceptance of their relatedness.
(C) Without limiting the generality of divisions (A) and (B) above, the following activities, provided the same 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 such 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;
(3) The renting 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 said single-family residence;
(4) Yard sales or garage sales that are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period; and
(D) Regardless of the general language in divisions (A) and (B) above, the following activities shall not be regarded as accessory to a residential principal use, and are prohibited in residential districts:
(1) Storing a non-licensed or non-operational motor vehicle outside of a substantially enclosed structure; and
(2) Parking more than four motor vehicles outside a substantially enclosed structure such that said motor vehicles are parked 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 classifications: 1.110; 1.120; 1.200; or 1.400.
(E) Notwithstanding any language in this section or in the table of permissible uses to the contrary, where there are two or more contiguous, residentially-zoned lots under common ownership, and one or more of those lots is improved with a single-family residence or a two family residence, it shall be permissible to construct a garage for parking and storage of motor vehicles owned and/or used by occupants of the residential structures on one of the lots or on a lot contiguous to the lot on which the residence is located, for the use and benefit of persons residing on the contiguous residentially used lot(s). Provided, however, that the garage may not be used for commercial purposes or for storage of vehicles, material or equipment by any persons other than residents of the adjoining lot.
(Ord. passed 12-20-2001) Penalty, see § 152.999