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A use shall be accessory to a building or premises that is customarily incidental and subordinate to any principal use allowed as an MD3 form. Permitted special. The following accessory uses include additional restrictions for each specific use. A conditional use with standards within §§ 160.605 et seq. (Conditional Use) may be obtained when the standards for a permitted special accessory use cannot be obtained except for home occupations.
(a) Day care center.
(1) Located in an existing community room or no more than 50% of the square footage of the first story of an apartment building.
(2) Adequate and safe playground with sufficient green areas.
(3) Safe and convenient access to the day care.
(b) Home occupations. Home occupations are those secondary uses allowed on the premises in conjunction with the following:
(1) The occupation must be conducted within a dwelling unit.
(2) The occupation must be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes.
(3) Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.
(4) The entrance to the space devoted to such occupation must not have its own separate outside entrance.
(5) There can be no evidence other than the nameplate referred to in (6) below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(6) There is used no sign that is attached to the building other than a nameplate. The sign shall not be illuminated and shall not be more than one square foot in area.
(7) Such occupations shall not require substantial internal or external alterations or involve construction features not customary in a dwelling.
(8) No merchandise, including samples, can be sold on the premises.
(9) The business will generate no more than four visits per day from clients or customers.
(10) Materials that are combustible, toxic, or consist of any animal or vegetable matter cannot be stored on the premises.
(11) Any process that will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed.
(c) Residential accessory buildings. No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used. Residential accessory buildings include, but are not limited to:
(1) A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building.
(2) A private residential garage used only for the housing of personal/passenger motor vehicles or recreational vehicles.
(3) Vegetable or flower garden.
(4) Enclosures necessary for the raising and keeping of small animals and fowl shall be set back a minimum of 25 feet from any dwelling on an adjacent lot.
(5) Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
(6) Locational standards for residential accessory buildings are in § 160.507.
(d) Accessory off-site parking.
(1) The accessory off-site parking must be within 250 feet of the application's principal use.
(2) The accessory off-site parking must be no closer than 250 feet to any DD or AD forms.
(3) If the off-site parking lot is across an arterial street, a pedestrian safety plan must be approved by the planning director.
(Ord. 9-13, passed 3-19-2013; Ord. 37-19, passed 4-2-2019)
General requirements. The maximum height and minimum lot requirements within the MD3 form shall be as follows:
Required Front Yard: | 25 feet—*15 feet if provide open space through an alternative site plan [see §§ 160.594 et seq. (Alternative Site Plans)]. *One required front yard on corner lots may be 20 feet. |
Required Side Yard: | 10 feet—*5 feet if provide open space through an alternative site plan [see §§ 160.594 et seq. (Alternative Site Plans)]. |
Required Rear Yard: | 10 feet—*5 feet if provide open space through an alternative site plan [see §§ 160.594 et seq. (Alternative Site Plans)]. |
Required Lot Frontage: | 25 feet. |
Maximum Height: | No limit; except 45 feet when located within 150 feet of AD and DD forms. *Additional setback is required when the building is above 55 feet in height. In these cases, add 1 additional foot for all setbacks for every 2 additional feet in height up to 20 feet additional feet of setback. |
Maximum Size: | No limit—comply with fire and building codes. |
Required Buffer Yard: | *30 feet total and Level C buffer yard when adjacent to DD1, DD2, DD3 and DD4 forms. *15 feet total and Level B buffer yard when adjacent to DD5, DD6, DD7, AD1, AD2, AD3, AD4. and GW, HW. * Parking lots or accessory buildings such as garages may be counted as the HW (Highway) buffer yard. |
Buffer Yard Reduction: | 10-foot reduction is allowed when parking is adjacent to a buffer yard. |
* See § 160.488 for more buffer yard standards. | |
Minimum distance between multiple principal buildings on the same lot: 20 feet. | |
(Ord. 9-13, passed 3-19-2013; Ord. 37-19, passed 4-2-2019; Ord. 114-22, passed 10-4-2022)
Development with an MD3 form shall be regulated in conformance with the provisions of:
(a) § 160.480 (Fences).
(b) §§ 160.485 et seq. (Landscape and Buffer Yard).
(c) §§ 160.550 et seq. (Parking, Loading, and Stacking Regulations).
(d) §§ 160.570 et seq. (On-Premises Sign Regulations).
(e) § 160.491 (Standards for Outdoor Lighting).
(Ord. 9-13, passed 3-19-2013)
FORM NF1: NEIGHBORHOOD FACILITIES
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