Code Section: 204

Subject:

Effective Date: 4/96

Interpretation:

   See "Installation of auto accessories" in the Interpretations - Alphabetical

Code Section: 204

Subject: Installation service as accessory use

Effective Date: 10/89

Interpretation:

   An installation service is accessory to retail sales if it conforms to the definition of accessory in this Section and installs only products sold on the premises. Therefore, the installation facility could have no more than ¼ of the floor area of the total business.

Code Section: 204

Subject:

Effective Date: 10/95

Interpretation:

   See also Interpretation 320(f) "Office space" definition for office limit controls

Code Section: 204.1

Subject: 25 percent of floor area rule

Effective Date: 10/89

Interpretation:

   See Interpretation 204 for application to commercial use

Code Section: 204.1

Subject: Accessory uses, ABC licenses in R Districts

Interpretation:

   This Section regulates accessory uses for dwellings in R and NC Districts. The Planning Department is called upon to review applications to the Alcoholic Beverage Commission (ABC) for liquor, wine and beer licenses to ensure that the establishments or uses for which they are issued conform to the zoning regulations. Nonconforming grocery and liquor stores, restaurants and bars are naturally entitled to the type of ABC license that permits their legal nonconforming activity. Most other establishments in residential districts that need an ABC license are allowed only under very limited circumstances. The various types of ABC licenses have their own restrictions which are enforced by the ABC and some of these restrictions would automatically ensure compliance with zoning provisions. Other ABC license restrictions would not make the establishment conform to zoning, in which cases, the Planning Department would need to ensure that the establishment conforms to applicable zoning controls. The following situations are some in which the Planning Department has recommended approval of ABC licenses.

1/88:   The Planning Department can approve the issuance of ABC license number 51 (a club license) in an R District to a lawfully existing club or time share condominium since the ABC enforces the provision of this type of license that alcoholic beverages be sold only for consumption on the premises and only to bona fide members of the club and their bona fide guests.

4/89:   An unrestricted ABC license (which requires premises to be open to the public and to sell off sale) was allowed for a bar as an accessory to the University Club (an NCU) as long as the accessory use has no signs or advertising announcing the bar to the public so the change would not increase activity.

12/87:   (Revised 1/14): The Planning Department can approve the issuance of ABC license numbers 9 (beer and wine importer), 17 (beer and wine wholesaler) and/or 20-Limited (containing conditions imposed by ABC limiting sales to internet, phone, and/or other non-in-person sales) in residential districts for an importer, wholesaler and/or on-line merchant operating out of an office conforming to the accessory use provisions of a home office (including the stock-in-trade prohibition). Note that a use including a Type 20 license without such limitations would be considered a liquor store that could typically not be approved in residential districts.

Code Section: 204.1

Subject: Teaching in an R District dwelling

Effective Date: 7/86

Interpretation:

   This Section regulates accessory uses for dwellings in R and NC Districts. A person licensed by the State to teach dental technology cannot convene a class in his dwelling. The Section 204.1 provision for allowing a business open to the public for a professional person does not extend to a class situation. This is a schoolan office.

Code Section: 204.1

Subject: Accessory uses

Effective Date: 4/2/87

Interpretation:

   This Section regulates accessory uses for dwellings in R and NC Districts. Incidental accessory uses in apartment buildings in medium and high density residential districts do not require direct connection with a particular dwelling unit as long as they serve an individual or individuals residing in the building and are not open to public use. Section 204 which provides general regulations for accessory uses requires accessory uses to be on the same lot but does not say they must adjoin the specific use or unit to which they are accessory.

Code Section: 204.1

Subject: Accessory use in a dwelling

Effective Date: 3/88

Interpretation:

   This Section regulates accessory uses for dwellings in R and NC Districts. A homeowner occupied one-half of his duplex. He wanted to remodel the lower unit removing several walls to create a large room which he would use as a music rehearsal studio. Other rooms, including a bedroom and kitchen would remain on this lower floor. He wanted to be able to do this without losing the nonconforming two-unit status of the building. The rehearsal activity contemplated would be "a discrete use separable from the normal activities of domestic living" and, as such would be allowed only as an accessory use. Therefore, the studio space would have to be incorporated into the unit in which the user lives and not occupy more than ¼ of that unit's floor area.

Code Section: 204.1

Subject: Office as accessory to group housing

Effective Date: 8/88

Interpretation:

   This Section, together with Section 204 regulates accessory uses for dwellings in R and NC Districts. Section 204 states that an accessory use must be on the same lot as the use served. Except as pre-established nonconforming uses, offices are allowed in residential districts only as accessory to a permitted use. The only kind of office that can be allowed as accessory to group housing is that which serves only the lawful inhabitants of the lot. It cannot serve members of the group or organization who live elsewhere. Accessory uses authorized under this Section may not employ anyone who does not live in the housing except for persons concerned in the operation or maintenance of the dwelling unit. In cases where an accessory office provides services to the residents which services are one of the chief purposes for the group housing facility, such office employees may be considered to be persons concerned in the operation of the housing and therefore may be employed in an accessory office without being resident.