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4.3.7   Agricultural Uses
   A.   Agriculture and Horticulture. Sale of produce grown on-site or on an adjacent lot that is part of the same agricultural operation is permitted provided they take place outside the right-of-way.
   B.   Agricultural Support Services.
      1.   General. All directly-related agricultural support services shall comply with the following standards:
         a.   Be allowed only in direct association with an on-going agriculture, horticulture, animal husbandry, or silvicultural use;
         b.   Be on a lot of at least one acre in size; and
         c.   Be operated or maintained by the owner or occupant of the land upon which the primary agricultural activity is being conducted.
      2.   Agri-Education and Agri-Entertainment. Agri-education and agri- entertainment uses shall comply with the following standards:
         a.   Minimum Size. Be at least two acres in area;
         b.   Obtain Building Permits. Obtain building permits and comply with the State Building Code(s) for all structures intended for occupancy by members of the public;
         c.   Special Event Permit. Obtain a special event permit for all activities drawing more than 100 people to the site per day;
         d.   Provide Adequate Facilities. Provide public restrooms, adequate parking, and pedestrian circulation features; and
         e.   Comply with Minimum Requirements. Ensure permanent buildings within 500 feet of a public right-of-way comply with the landscaping standards in this Ordinance.
      3.   Equestrian Facilities. Equestrian facilities shall comply with the following standards:
         a.   The land on which the facility is located shall be at least two acres in size.
         b.   No stalls or stables shall be within 200 feet of any existing adjoining residential dwelling and 100 feet from any adjoining well being used for human consumption.
         c.   Stables must be operated and maintained in a healthy and safe manner. Healthy and safe is defined as, but not limited to: fences kept in good repair; potable water available on demand; protection from wind or rain; a sign posted indicating the name and phone number of the person to be contacted in case of emergency.
      4.   Nursery, Production.
         a.   No heated greenhouse shall be operated within 20 feet of any lot line.
         b.   Any outside storage of equipment, vehicles, or supplies shall be fully screened from off-site views by buildings, fencing, or landscaping.
      5.   Roadside Market.
         a.   Retail sales within a roadside market shall be limited to the agricultural and aquaculture products produced by the owners or vendors in the establishment.
         b.   At least 75 percent of the floor area shall be devoted to the direct retail sales of agricultural, seafood, or related agricultural products to the general public.
         c.   Temporary signage associated with a roadside market shall not be erected more than 30 days prior to the seasonal opening of the market, and shall be removed within 30 days of the closing of the season.
   C.   Animal Husbandry. Animal husbandry uses shall comply with the following standards:
      1.   Outside Corporate Limits. Animal husbandry is only permitted on lots located outside the Town's corporate limits.
      2.   Minimum Site Size.
         a.   Any use engaged in animal husbandry shall have a minimum lot area of at least 20,000 square feet in size.
         b.   Uses maintaining non-hoofed animals shall maintain 1,500 square feet per animal kept on site.
         c.   Uses maintaining hoofed animals shall maintain 9,000 square feet per animal kept on site.
      3.   Minimum Setbacks. All barns, pens, and enclosures shall be located at least 100 linear feet from lot lines and drinking water sources (except those intended for livestock).
      4.   Fencing or Pens Required. Animals (excluding waterfowl) shall be maintained within pens, fenced areas, or other suitable enclosures.
      5.   Maintenance Required.
         a.   Pens, stalls, and grazing areas shall be maintained in a sanitary manner free from noxious odors.
         b.   Manure stockpiles shall not exceed six feet in height and shall not be permitted during the period from May 1 until August 31.
   D.   Farmer's Market. A farmer's market shall comply with the following standards:
      1.   The use shall be a principal use of the lot where located.
      2.   Retail sales shall be limited to the agricultural and aquaculture products produced by the owners or vendors in the establishment.
      3.   At least 75 percent of the floor area shall be devoted to the direct retail sales of agricultural, seafood, or related agricultural products to the general public.
(Ord. 2020-36, passed 12-2-2019)
4.4.   ACCESSORY USES
4.4.1.   Purpose
This section authorizes the establishment of accessory uses and structures that are incidental and subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses and structures, provided they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.
(Ord. 2020-36, passed 12-2-2019)
4.4.2.   Organization of These Standards
These standards set out the standards and allowable locations for accessory uses and structures in the Town's planning jurisdiction, and are organized into the following sections:
   A.   Section 4.4.3, Procedure for Establishment, describes the procedure for establishing an accessory use or structure.
   B.   Section 4.4.4, General Standards for Accessory Uses and Structures, lists the general standards applicable to all accessory uses and structures under this Ordinance.
   C.   Section 4.4.6: Accessory Use Table, lists a series of common accessory uses and the zoning districts where they are permitted.
   D.   Section 4.4.7, Standards for Specific Accessory Uses, sets out additional standards applied to individual accessory use types where identified in Table 4.4.6: Accessory Use Table.
(Ord. 2020-36, passed 12-2-2019)
4.4.3.   Procedure for Establishment
   A.   Accessory uses or structures may be approved in conjunction with the approval of the principal use or subsequently following the establishment of the principal use. No
accessory use or structure shall be approved, established, or constructed before the principal use is approved in accordance with this Ordinance.
   B.   Applications to establish a conditional zoning district shall be supplemented by a site plan showing proposed accessory uses or by a written list of proposed accessory uses which shall be attached to the application approval along with other conditions of approval.
   C.   Table 4.4.6: Accessory Use Table, may not be inclusive of all possible accessory uses, and in the event an accessory use is proposed that is not listed in the table, the Planning Director shall consult Table 4.2.3, Principal Use Table, to determine if the proposed accessory use corresponds to a listed principal use. Any listed principal use is permitted as an accessory use in any zoning district where the principal use is permitted. In no instance shall an accessory use be permitted in a zoning district where it is prohibited as a principal use.
   D.   In the event a proposed accessory use is not listed in Table 4.4.6: Accessory Use Table, and there is no corresponding principal use, the Planning Director shall determine how to treat the accessory use in accordance with Section 4.6, Unlisted Uses.
(Ord. 2020-36, passed 12-2-2019)
4.4.4.   General Standards for Accessory Uses and Structures
   A.   Permitted Accessory Uses and Structures. Permitted accessory uses and structures include those listed in this section and those that the Planning Director determines meet the following:
      1.   Are clearly incidental to an allowed principal use or structure;
      2.   Are subordinate to and serving an allowed principal use or structure;
      3.   Are subordinate in area, extent and purpose to the principal use or structure; or
      4.   Contribute to the comfort, convenience or needs of occupants, business or industry associated with the principal use or structure.
   B.   Location of Accessory Uses and Structures.
      1.   Within Required Landscaping Buffers. Except for fences and walls contributing to the screening function of a buffer, no accessory structure shall be located within a required buffer except in accordance with Section 5.6, Landscaping, or Section 5.10, Screening.
      2.   Within a Front or Side Yard.
         a.   Except for the following, no accessory use or structure may be located in a required front or side yard:
            i.   Art installation;
            ii.   Cluster box unit;
            iii.   Fence or wall;
            iv.   Flag pole and flag;
            v.   Outdoor display of merchandise; or
            vi.   Produce stand.
         b.   On corner lots, an accessory structure or use shall not be closer to the street than the street setback.
      3.   Within Other Areas on a Site.
         a.   No accessory use or structure shall:
            i.   Be within five feet of a lot line, except as authorized by Table 9.3.5: Allowable Encroachment into Required Setbacks;
            ii.   Be within ten feet of the centerline of an alley except as authorized by Table 9.3.5: Allowable Encroachment into Required Setbacks;
            iii.   Be located within a designated fire lane;
            iv.   Obstruct required sight distances;
            v.   Impede ingress or egress to a lot, site, or principal structure;
            vi.   Be located above or beneath public utilities (except for fences or walls); or
            vii.   Be within an emergency access route designated on an approved site plan.
         b.   Accessory structures may encroach into required yards only in accordance with the standards in Table 9.3.5: Allowable Encroachment into Required Setbacks.
      4.   Within an Easement. Except for authorized stormwater management devices within a drainage easement, no accessory use or structure shall be located within any platted or recorded easement without the prior written consent of the landowner.
   C.   Structure Height. Accessory structures shall comply with the maximum building height requirements for the zoning district where located, except that accessory structures within 10 feet of a lot line shall not be taller than 15 feet.
   D.   Compliance with Ordinance Requirements. Accessory uses and structures shall conform to the applicable requirements of this Ordinance, including this section, the district standards in Chapter 3: Districts, the development standards in Chapter 5: Development Standards.
(Ord. 2020-36, passed 12-2-2019)
4.4.5.   Table as Guide
Table 4.4.6: Accessory Use Table, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.
(Ord. 2020-36, passed 12-2-2019)
4.4.6.   Listed Accessory Uses
Table 4.4.6: Accessory Use Table, lists what types of accessory uses, structures, and activities are allowed in each of the zoning districts.
   A.   If a specific accessory use is allowed by-right, the cell underneath the zoning district is marked with a "P".
   B.   If a specific accessory use is allowed subject to a special use permit, the cell underneath the zoning district is marked with a "S".
   C.   If the accessory use or structure is not allowed in a zoning district, the cell is blank.
   D.   In the case of planned development districts, if an accessory use is allowable, it is marked with an "A", and the accessory use must be set out in the approved master plan.
   E.   If there is a reference contained in the column entitled "Acc. Use-Specific Standards," refer to the cited section (s) for additional standards that apply to the specific accessory use.
TABLE 4.4.6: ACCESSORY USE TABLE [1]
A = Allowed (if listed in a PD master plan); P = Permitted subject to applicable use-specific standards; S = Requires approval of a special use permit and compliance with applicable use- specific standards; “.” = Prohibited
Use Type [1]
Residential
Commercial
Mixed Use
Use- Specific Standards [2]
 
R1
R2
R4
R6
RMF
NC
GC
HC
LI
CI
HI
OI
DTC
DTP
PD
 
TABLE 4.4.6: ACCESSORY USE TABLE [1]
A = Allowed (if listed in a PD master plan); P = Permitted subject to applicable use-specific standards; S = Requires approval of a special use permit and compliance with applicable use- specific standards; “.” = Prohibited
Use Type [1]
Residential
Commercial
Mixed Use
Use- Specific Standards [2]
 
R1
R2
R4
R6
RMF
NC
GC
HC
LI
CI
HI
OI
DTC
DTP
PD
 
Accessory Dwelling Unit
P
P
P
P
P
P
.
.
.
.
.
P
P
P
A
4.4.7.A
Amateur Ham Radio
P
P
P
P
P
P
P
P
P
P
P
P
P
P
A
4.4.7.B
Art Installation
P
P
P
P
P
P
P
P
.
P
.
P
P
P
A
4.4.7.C
Automated Teller Machine
.
.
.
.
.
P
P
P
P
P
S
P
P
P
A
4.4.7.D
Bus Shelter
.
.
.
P
P
P
P
P
P
.
.
P
P
P
A
4.4.7.E
Child Care, Incidental
P
P
P
P
P
P
.
.
.
.
.
P
P
P
A
4.4.7.F
Cluster Box Unit
P
P
P
P
P
P
P
.
.
.
.
P
P
P
A
4.4.7.G
Drive Through
.
.
.
.
.
S
P
P
.
.
.
S
.
.
A
4.4.7.I
Electric Vehicle Charging Station
.
.
.
P
P
P
P
P
P
P
P
P
P
P
A
4.4.7.J
Family Health Care Structure
P
P
P
P
P
P
.
.
.
.
.
P
.
P
A
4.4.7.K
Guard House, Shelter, or Gatehouse
P
P
P
P
P
P
P
P
P
P
P
P
.
.
A
4.4.7.L
Helistop
.
.
.
.
.
.
.
S
S
S
S
.
.
.
A
4.4.7.M
Home Occupation
P
P
P
P
P
P
P
.
.
.
.
P
P
P
A
4.4.7.N
Ice House
.
.
.
.
.
P
P
P
S
.
.
.
.
.
A
4.4.7.O
Outdoor Dining
.
.
.
.
P
P
P
P
.
P
.
P
P
P
A
Outdoor Display/Sales
.
.
.
.
.
P
P
P
P
.
.
S
P
P
A
4.4.7.P
Outdoor Storage
.
.
.
.
.
.
.
S
S
S
P
.
.
.
A
4.4.7.Q
Parking of Heavy Trucks or Trailers
.
.
.
.
.
.
.
.
P
P
P
.
.
.
.
0
Parking of Recreational Vehicles
P
P
P
P
P
.
.
.
.
.
.
.
.
.
A
4.4.7. S
Storage of Unlicensed or Inoperable Vehicles
.
P
P
P
.
.
.
.
.
.
.
.
.
.
.
Play Equipment
P
P
P
P
P
P
P
.
.
.
.
P
P
P
A
4.4.7.T
Produce Stand
P
P
P
P
P
P
P
P
.
.
.
P
P
P
A
4.4.7.U
Solar Energy Systems
P
P
P
P
P
P
P
P
P
P
P
P
P
P
A
4.4.7.V
Stable (horses)
P
P
.
.
.
.
.
.
.
.
.
.
.
.
A
4.4.7.W
Swimming Pool/Hot Tub
P
P
P
P
P
P
P
P
P
A
4.4.7.X
Tool/Storage Shed
P
P
P
P
P
P
P
P
P
P
P
P
P
P
A
Underground Storage Tank
.
.
.
.
.
.
S
P
P
P
.
.
.
A
4.4.7.Y
Wagering, Sports
.
.
.
.
.
.
.
P
P
P
S
.
.
P
A
4.4.7.Z
Wind Energy Conversion
.
P
P
P
P
P
P
P
P
P
P
P
.
.
A
4.4.7.AA
Note:
[1] Unlisted accessory uses may be permitted in accordance with Section 4.4.3, Procedure for Establishment.
(Ord. 2020-36, passed 12-2-2019; Ord. 2025-11, passed 10-7-2024)
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