(A) Accessory uses and structures shall be permitted in any zoning district, unless qualified herein, but only in connection with, incidental to, and on the same lot with a principal use or structure (or on a lot adjoining and under the same ownership as the lot with the principal use structure) that is permitted within such district.
(B) The following accessory uses shall be permitted in conjunction with residential uses:
(1) (a) Antenna structures for radio, television, and other noncommercial communication purposes subject to the following provisions:
1. All locational standards and setbacks applicable to accessory structures shall be observed; and
2. Any antenna exceeding the height standards for the district in which the antenna is proposed may be approved by a special exception considered in accordance with DMP-B as specified in § 157.060(B)(2).
(b) The above provisions notwithstanding, dish antennas shall be subject to the following standards:
1. Dish antennas shall not exceed 12 feet in diameter and 15 feet in height;
2. Dish antennas shall be permitted in rear yards only. No part of a dish antenna shall be closer than 15 feet to any lot line; and
3. No dish antenna may be installed on a portable or moveable device.
(c) The above provisions shall not apply to any dish antenna used by a cable company possessing a valid franchise issued by the County Board of Supervisors.
(2) (a) An accessory detached dwelling is permitted in the Agricultural, General District subject to:
1. It being positioned within a rear yard;
2. It being at least ten feet from a property line;
3. It being clearly accessory in size to existing principal dwelling;
4. It not being permitted on one lot already containing a duplex structure; and
5. It being architecturally compatible with the principal use.
(b) Accessory dwelling units shall not count toward the total permitted lot yield.
(3) Barns or other structures that are customarily incidental to an agricultural use;
(4) Carports, garages, utility sheds, and similar storage facilities customarily associated with residential living;
(5) Child’s playhouse, without plumbing;
(6) Private kennels on lots in excess of five acres;
(7) Doghouses, pens, or similar structures for the housing of not more than four commonly accepted domestic animals over the age of six months. The keeping of more than four such animals over the age of six months shall be deemed a private kennel (see division (B)(6) above);
(8) Home occupations as permitted and regulated in § 157.075;
(9) Parking or storage of small cargo or utility trailers, recreational vehicles, and similar equipment including, but not limited to, boats, boat trailers, motor homes, tent trailers, and horse vans, provided that the following requirements are observed: such equipment shall not be used for living, housekeeping, or business purposes when parked or stored on the lot; wheels or other transporting devices shall not be removed except for necessary repairs and/or seasonal storage; and storage shall not be permitted within the front yard setback;
(10) Outdoor recreation facilities such as swimming pools, tennis courts, basketball courts, private boat docks, or piers, provided that the use of such facilities shall be limited to the occupants of the premises and guests for whom no admission or membership fees are charged and are permitted within the district in which the lot or parcel is located;
(11) Fences or walls provided that:
(a) Fences or walls located in side and rear yards shall not exceed eight feet in height;
(b) Fences or walls located in front yards shall not exceed four feet in height and shall not be located in any sight triangle so as to be a visual barrier to traffic and pedestrians;
(c) Where it can be demonstrated to the satisfaction of the Land Use Administrator that the above fence and wall restrictions are not necessary to ensure the safety of the neighborhood, an administrative waiver may be considered; and
(d) Electrical fences and fences using barbed wire shall be prohibited in residential areas as determined by the Land Use Administrator.
(12) Roadside sales of produce provided that such operation is primarily for the sale of produce grown or raised on the premises (regional produce shall be allowed to supplement on-premises produce but shall not be the primary product) and shall provide off-street parking for not less than three vehicles;
(13) Yard/garage sales subject to the following provisions:
(a) Items offered for sale shall be limited to those which are owned by an occupant of the premises or authorized participants and which are normally and customarily used or kept on a residential premises. Such items shall not have been specifically purchased or crafted for resale; and
(b) Participation in such sale shall be limited to the occupant of the premises and not more than four non-occupants. For the purpose of this section, participation shall be construed to mean the offering for sale of items owned by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale; such sales shall be limited to two in any given calendar year. The duration of any single sale shall not exceed three consecutive days.
(14) Craft sales/shows subject to the following provisions:
(a) Items offered for sale shall be limited to those which have been made or crafted by the participants as a hobby or a vocation as distinguished from items which are made in the conduct of a home occupation;
(b) Participation in such sales/shows shall be limited to the occupants of the premises; and
(c) Not more than one such sale/show event shall be conducted on a premises in any given calendar year and the duration of the event is limited to three days.
(15) Farm animals (such as cows, pigs, hogs, goats, sheep, mules, horses and other livestock, chickens and other fowl, bees, and similar utilitarian animals), with the exception of equine, shall not be permitted in the Residential, Limited R-1 or Residential, General R-2 Districts. Farm animals in the Residential, Mixed-Use R-3 District may be allowed if adequate space and other provisions are included in the plan of development for the project;
(16) (a) Equine may be permitted in the Agricultural, General (A-1), Residential, Limited (R-1), and/or Residential, General (R-2) Districts subject to the following provisions:
1. Residential (R-1) and (R-2) parcels must have a minimum of five acres.
2. Minimum of one and one-half acres designated for pasture and housing per horse.
3. Housing must be a minimum of 100 feet from adjoining parcels.
4. Pastures must be enclosed with adequate fencing.
5. Manure management is required so as not to adversely affect adjoining properties (ie: use of manure harrow bi-annually).
6. Equine upon parcels less than five acres in size located within the Agricultural, General (A-1) District must be approved by a special exception considered in accordance with DMP-b as specified in §§ 157.060(B)(2) and 157.073, provided provisions in division (16)(a) above can also be met.
(b) 1. Chickens may be permitted in Residential, Limited (R-1) and Residential, General (R-2) subject to the following provisions:
a. No more than six chickens.
b. No roosters allowed.
c. Pens and housing shall not be permitted within the front yard setback and must maintain a minimum of 15 feet setback from rear and side property lines.
d. Chickens must not roam as to be a nuisance to adjoining properties.
2. Manure management is required so as not to adversely affect adjoining properties.
(17) Accessory buildings on residential lots:
(a) In the Agricultural, General A-1 District, accessory structures shall not exceed 35 feet in height unless allowed for by special exception, provided that it can demonstrate that an increased height is necessary (barns or other structures that are customarily incidental to an agricultural use are exempt from the provisions of this chapter). In the Residential, Limited R-1, Residential, General R-2, and Residential, Mixed Use R-3 Districts, accessory structures shall not exceed the height of the main building;
(b) Shall not occupy more than 30% of the rear yard area in residential areas;
(c) Shall not be erected on a lot more than one year in advance of the principal building; and
(d) Structures attached to a principal building by any wall or roof construction, or located within ten feet of any principal building, shall be considered a part of the principal building and shall observe all yard regulations applicable thereto.
(18) Parking of operative motor vehicles for noncommercial purposes. (Inoperative motor vehicles, as defined in §§ 157.020 through 157.022, are not allowed unless the vehicles are within a fully enclosed building or structure or are shielded or screened from view. The parking or storage of more than five inoperative motor vehicles outside of a fully enclosed building or structure is defined as an automobile graveyard and is only permitted within the Business, General B-1 District with an approved landscape plan.)
(C) The following accessory uses shall be permitted in conjunction with commercial and industrial uses:
(1) Fences or walls provided that:
(a) Fences or walls located in side or rear yards shall not exceed eight feet in height;
(b) Fences or walls located in front yards shall not be permitted; and
(c) The above standards shall not be deemed to prohibit any fences or walls which may be required for screening, security, or safety purposes by other sections of this chapter.
(2) Uses intended specifically for the use and benefit of the employees or patrons of the principal use such as snack bars, cafeterias, recreation facilities, or similar uses;
(3) Living quarters for a proprietor or manager and his or her family located in the same building as his or her place of occupation, or living quarters for a watchman or custodian of an industrial establishment;
(4) Incidental repair, installation, or assembly facilities for products or equipment used or sold in the operation of the principal use, unless specifically prohibited under the applicable district regulations;
(5) Incidental storage facilities for goods and materials offered for retail sale on the premises;
(6) Motor vehicle fuel dispensing pumps, pump islands, or service buildings installed for and utilized exclusively by vehicles owned and/or operated by commercial or industrial establishments to which they are accessory;
(7) Factory outlets and retailing provided the use is clearly incidental to the permitted use and products sold originated at the site;
(8) Day care or nursery facilities;
(9) (a) Antenna structures for radio communication purposes or other information or data transfer purposes associated with a business or industrial operation. Antenna structures in excess of 100 feet in height may be permitted only by special use permit issued in accordance with DMP-B as specified in § 157.060(B)(2).
(b) Dish antennas shall be subject to the following provisions:
1. Dish antennas shall not exceed 12 feet in diameter and 15 feet in height;
2. Dish antennas shall be permitted in rear yards and on roofs. No part of a dish antenna shall be closer than five feet to any lot line. When located on a roof, such antenna shall be set back from all edges of the roof a distance of at least two times its height; and
3. No dish antenna may be installed on a portable or moveable device.
(c) The above provisions shall not apply to any dish antenna used by a cable company possessing a valid franchise issued by the County Board of Supervisors.
(10) Other uses and structures of a similar nature which are customarily associated with and incidental to commercial or industrial uses.
(Ord. passed 11-9-1995; Ord. passed 4-13-2006; Ord. passed 11-8-2007; Ord. passed 7-10-2008; Ord. passed 7-9-2015) Penalty, see § 157.999