Unified Development Ordinance

Article 6.7. Accessory Uses & Structures

Article 6.7. Accessory Uses & Structures aaron.sheppard… Mon, 05/08/2023 - 10:24

Sec. 6.7.1. In General

Sec. 6.7.1. In General aaron.sheppard… Tue, 05/23/2023 - 11:14
  1. Accessory uses and structures are permitted in conjunction with allowed principal uses. Allowed accessory uses and structures include those listed in this Article and additional accessory uses and structures that, as interpreted by the Zoning Administrator, meet the following:
    1. Are clearly incidental to and customarily found in connection with an allowed principal building or use;
    2. Are subordinate to and serving an allowed principal building or use;
    3. Are subordinate in area, extent and purpose to the principal building or use served. Notwithstanding this requirement, an accessory structure may be taller than a principal building where otherwise allowed by this ordinance;
    4. Contribute to the comfort, convenience or needs of occupants, business or industry in the principal building or use served; and
    5. Are located on the same lot as the principal building or use served.
  2. In addition, no accessory use or structure may be established on a lot prior to the establishment of a permitted principal use.

Sec. 6.7.2. Accessory Structures

Sec. 6.7.2. Accessory Structures aaron.sheppard… Tue, 05/23/2023 - 11:14
  1. Setback and height requirements for all accessory structures are established for each building type and are set forth in the district chapter (Chapter 2. Residential Districts, Chapter 3. Mixed Use Districts, and Chapter 4. Special Districts) unless otherwise regulated specifically herein.
  2. No accessory structure may be located closer than 6 feet to any other building or structure on the same lot. Two or more structures joined by a breezeway shall be considered detached if the breezeway meets all of the following:
    1. Is no more than 6 feet in width, including roof overhangs;
    2. Is no more than 16 feet in height or the height of the principal structure, whichever is less;
    3. Meets the accessory structure setbacks;
    4. Is open on at least one side except for structural support columns. The other side may utilize mesh, latticework, or a similar treatment; 
    5. Is located no closer to the primary or side street than the wall plane of the principal structure closest to the street; and
    6. Has no walkway on the roof.

      If the breezeway does not meet 6.7.2.B.1. through 6, the two structures shall be considered attached and part of the same principal structure.
  3. In Residential Districts, accessory structures associated with Detached, Tiny, or Attached Houses shall comply with the following:
    1. Accessory structures with gross floor area of 150 square feet or less and height of 10 feet or less shall have a minimum setback of 5 feet from side and rear property lines;
    2. Playsets, as defined in Article 12.2, Defined Terms, shall not be deemed structures for the purposes of Section 10.2.8.A. A zoning permit is not required for these structures, however, notwithstanding any other requirements of this section, only the following standards shall apply:
      1. Maximum height shall not exceed 15’;
      2. Playsets may not encroach into any primary or side street setback; and
      3. Any roofed-over portion shall not exceed 100 square feet.
    3. Accessory structures shall have a minimum setback of 4 feet from an alley;
    4. The vehicular opening of a garage on an alley shall have a setback of either 4 feet or 20 feet or more from the alley;
    5. Encroachments into setbacks are permitted pursuant to Section 1.5.4.D.1.
    6. Vertical encroachments are permitted pursuant to Sections 1.5.7.D.2. and 1.5.7.D.3.g.; and
  4. In Residential Districts, accessory structures associated with Detached, Tiny, or Attached Houses shall conform to the standards shown in tables 1 and 2 below. Breezeway connections permitted under Sec. 6.7.2.B. shall not count towards the floor area or footprint calculations of this section.
E. Floor Area Standards for Accessory Structures in Residential Districts
Lot Size   Greater than 40,000 sf 10,000 sf to 40,000 sf 4,000 sf to 9,999 sf Less than 4,000 sf
The largest area within a column shall control. Area maximums apply to all accessory structures on a lot combined.
E1 Combined Floor Area (max.) 1,200 sf 1,000 sf 800 sf 600 sf
E2 Combined Floor Area (max.) 50% of the principal structure floor area 50% of the principal structure floor area 50% of the principal structure floor area 50% of the principal structure floor area
F. Setback Standards for Accessory Structures in Residential Districts
Lot Size   Greater than 40,000 sf 10,000 sf to 40,000 sf 4,000 sf to 9,999 sf Less than 4,000 sf
F1 From primary street (min.) Must be located at or behind the front wall of the house.
F2 From side street (min.) 15' 15' 10' 10'
F3 From side lot line (min.) 10' 5' 5' 5'
F4 From rear lot line (min.) 10' 5' 5' 5'
F5 From alley (min.) 4' without parking / 20' with parking 4' without parking / 20' with parking 4' without parking / 20' with parking 4' without parking / 20' with parking
G. Height Standards for Accessory Structures in Residential Districts
G1 Overall Height (max.) 26' 26' 26' 26'

Sec. 6.7.3. Additional Standards for Specific Accessory Uses

Sec. 6.7.3. Additional Standards for Specific Accessory Uses aaron.sheppard… Tue, 05/23/2023 - 11:14
  1. Caretaker’s Residence
    A single dwelling unit as a residence for a caretaker or watchman accessory to a permitted use is permitted in all districts other than a Residential District.
  2. Dish Antenna
    An antenna whose purpose is to receive signals from orbiting satellites. The regulations of this section apply only to dish antennas larger than 1 meter in diameter.
    1. No dish antenna can be located closer than 30 feet to a public right-of-way.
    2. In a Residential District, no dish antenna can have a dish of a diameter greater than 12 feet, unless located more than 100 feet from a property line.
    3. In a Residential District, any antenna not mounted on a building that is over 4 feet in diameter shall be screened from the right-of-way and the property boundary of any abutting lot. The screen shall be made of plant materials, berms, closed fences, or walls or any combination of that reduce the view from the abutting lot or right-of-way to a height of 6 feet above ground elevation year round. Fences or walls utilized for screening must be architecturally compatible with other buildings and structures on the site. Planting shall be provided so that no more than 2/3 of the height of the fence or wall is visible from the abutting lot or right-of-way within 5 years of the erection of the fence or wall.
    4. Roof-mounted dish antennas shall be screened from any public street that is open to vehicular traffic. All roof-mounted dish antennas exceeding 4 feet in diameter shall be constructed of mesh type material.
  3. Garage for 5 or More Vehicles Accessory to a Dwelling
    A special use permit may be issued in accordance with Sec. 10.2.9. for a garage for 5 or more motorized vehicles in a Residential District.
  4. Home Occupation
    An occupation that provides a service or product that is conducted wholly within a residential dwelling.
    1. No nonresident employees are allowed. Clients, customers, patients and visitors are not allowed to visit the premises. 
    2. No display of goods, products, or services shall be visible from outside the dwelling.
    3. The home occupation shall not exceed 25% of the livable portion of the dwelling.
    4. No business storage or warehousing of material, supplies or equipment is permitted outdoors. Storage is permitted in the principal dwelling unit or a fully-enclosed accessory structure only.
    5. There must be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of a home occupation.
    6. Home-Occupation uses must comply with all applicable City ordinances and regulations regarding the emission of noise. A home-occupation permit shall be revoked if a violation of a City noise ordinance is issued in association with the Home-Occupation use. If revoked, a new home-occupation permit cannot be issued for the premise for a period of 365 days.
    7. Only 1 vehicle used in connection with the home occupation shall be parked or stored on the premises; provided, however, the vehicle must not be a bus, truck, van, trailer or other vehicle over 6,000 lbs., as listed on the vehicle registration form, and no advertising or reference to the home occupation may be displayed on the vehicle in any manner.
  5. Live-Work
    A commercial use that is contained within or attached to a residential structure or contained within a legally conforming accessory structure or accessory dwelling unit and which allows employees, customers, clients or patrons to visit. Live-Work uses shall meet all of the following:
    1. A minimum of 1 individual must occupy the associated principal structure or the associated Accessory Dwelling Unit as their primary place of residence.
    2. The live-work unit may employ no more than two (2) individuals not living on the premises at any one time.
    3. No business storage or warehousing of material, supplies or equipment is permitted outdoors. Storage is permitted in the live-work unit or a fully enclosed accessory structure only.
    4. Signage is limited to one (1) unlit Building Sign as listed in Sec. 7.3.2. for each building façade of the structure containing the live-work use that faces a public street. Each sign permitted by this item shall be no larger than six (6) square feet in area and attached to the structure housing the live-work unit.
    5. Only 1 vehicle used in connection with the live-work use shall be parked or stored on the premises; provided, however, the vehicle must not be a bus, truck, van, trailer or other vehicle over 6,000 lbs, as listed on the vehicle registration form, and no advertising or reference to the use may be displayed on the vehicle in any manner.
    6. No more than five (5) customers are permitted on the premises at any one time. No vehicular or bicycle parking is required.
    7. Allowed uses shall be limited to the following:
      1. Office
      2. Dance, martial arts, music studio or classroom
      3. Sports academy
      4. Personal Service (with the exception of Animal Care (outdoor); Dry-cleaning; Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium, pet crematorium; and Wedding chapel)
      5. Clothing, textile, and apparel manufacturing
      6. Production of artwork and toys
      7. Graphic design
      8. Assembly, design, repair or testing of clocks, computers, jewelry, musical instruments, and photographic or optical instruments.
      9. Sale of items such as, but not limited to, antiques, jewelry and clothing only when in conjunction with production or repair of said items in the live-work.
    8. A live-work shall be located within or attached to a Detached, Attached, or Apartment principal structure with a residential principal use; or within an accessory structure or Accessory Dwelling Unit associated with a residential principal use. The live-work shall be located in fully-enclosed, conditioned space that is affixed to a permanent foundation. Exterior facades of an attached live-work shall be compatible with the principal building in terms of texture, quality, material and color.
    9. No more than one live-work shall be established on a lot. A live-work shall not be permitted on a lot where a Home Occupation is permitted.
    10. When a live-work use is located within a Detached or Attached principal structure with a residential principal use or an Accessory Dwelling Unit associated with a residential principal use, the following provisions shall apply:
      1. The non-residential floor area is limited to the first floor and may occupy no more than 50% of the structure; and
      2. The entire structure may be no larger than 3,000 sf (both residential and non-residential).
    11. When a live-work is located in an Apartment principal structure, the floor area of the live-work shall not exceed 1,000 square feet or 40% of the gross floor area of the associated dwelling unit, whichever is smaller.
    12. When a live-work is located in an accessory structure that does not contain an ADU, the live-work may occupy up to 100% of the floor area of the accessory structure so long as the live-work meets the standards listed in Sec. 6.7.1. relative to the principal residential use.
    13. Hours of operation shall be limited to 7 AM to 7 PM.
    14. Outdoor seating associated with a live-work is prohibited.
    15. Except where the areas listed are within 10 feet of a public right-of-way, loading areas, service areas, and utility service areas associated with a live-work and which face an adjoining residential district that is vacant or developed with a residential use shall be screened in one of the following ways:
      1. By evergreen plantings the requirements of items 4. And 5. of Sec. 7.2.5.B.
      2. By a wall or fence at least six feet in height and compatible with the principal building in terms of texture, quality, material and color.
    16. Mechanical equipment associated with a live-work shall be subject to Sec. 7.2.5.D.
    17. Lighting associated with a live-work shall be regulated according to Article 7.4. Notwithstanding the provisions of Article 7.4., lighting associated with a live-work shall be full cutoff.
    18. Outdoor display areas shall be prohibited.
    19. Live-Work uses must comply with all applicable City ordinances and regulations regarding the emission of noise.  A live-work permit shall be revoked if a violation of a City noise ordinance is issued in association with the Live-Work use. If revoked, a new live-work permit cannot be issued for the premise for a period of 365 days.
    20. Notice shall be provided in accordance with Sec. 10.2.1.C.1. Letters shall be mailed upon verification that the application is complete. 
      THIS IS SUPPOSED TO BE A FOOTNOTE: 1 A live-work occupying more than 50% of the floor area of an accessory structure or located in an accessory structure not containing an ADU may be subject to additional commercial building code requirements that may not apply to live-work uses described in item 10 above.
  6. Amateur Radio Antennae in Residential Districts
    Amateur radio antennae are permitted in residential districts, provided the following standards are met.
    1. A plot plan is required for any amateur radio antenna.
    2. Except in the -AOD, the maximum height shall be 90 feet. In the -AOD, the maximum height shall be 40 feet.
    3. An engineering study must be submitted with the plot plan. The study must contain information about the support structure, footings and guy wires.
    4. An electrical permit is required.
    5. The amateur radio antennae must meet all required setbacks for a principal structure within the zoning district.
    6. The amateur radio antennae shall not be located any closer to the primary or side street than the wall plane of the principal structure closest to the street.
    7. For amateur radio antenna mounted to the ground, the overall tower height shall be measured from the base of the tower where it meets the ground.
    8. For amateur radio antenna mounted to a principal structure, the overall tower height shall be measured utilizing the average grade for the principal structure in accordance with Sec. 1.5.7. In no instance may an amateur radio antennae be attached to a tree.
    9. If an amateur radio antennae has been abandoned by the property owner and is no longer used for communication, the tower shall be removed. The removal shall occur within 60 days of discontinuance of use.
  7. Recreational Use Related to a Residential Development
    1. Recreational use is limited to the following facilities: clubhouse, docks, exercise rooms, game and craft rooms, gymnasiums, party and reception rooms, bicycle paths, pedestrian and equestrian trails, picnic areas, play courts, such as basketball, racquetball, and tennis courts, golf courses, driving ranges, play fields, playgrounds, sauna baths, swimming pools and tanning facilities.
    2. These uses are allowed only as part of a residential development or subdivision, a compact development, a conservation development, a manufactured home development, or a congregate care facility. Such uses may be located outside of the boundaries of the development, provided that:
      1. The lot is owned by the development (through its homeowners association or other similar mechanism); and
      2. The lot adjoins the subdivision for at least 50% of its perimeter; or
      3. The lot is located across a street or other right-of-way for at least 50% of its perimeter.
    3. Nonresident memberships or fees paid by the general public shall not be permitted. This prohibition shall not be construed to disallow membership fees for residents of the development and their guests made on an installment basis of not less than monthly, rather than on any payfor-use, hourly, daily or weekly basis. Membership fees are allowed for any recreational use related if it also complies with all regulations of a recreational use restricted to membership, either commercial or not for profit.
    4. The recreation facilities shall be owned by either a not for profit organization, a homeowners association, or multi-unit development owner.
    5. No signage, storage, merchandise, or display including display windows shall be visible from outside of the recreational use.
    6. Bicycle parking for the recreational uses shall be provided in accordance with Section 7.1 Parking.
  8. Religious Shelter Unit
    Temporary housing associated with a place of worship that is for counseling, education and referral services for temporary residents. A zoning permit is required for any religious shelter unit.
    1. The facility is an accessory use to a place of worship and occupies a floor area of no more than 10% of the gross floor area in any 1 complex.
    2. It houses no more than 12 residents at any one time provided that a minimum floor space of 100 square feet of space is provided for each individual sheltered.
    3. No individual or family resides at the facility for a period longer than 18 months, and no person or family shall be readmitted until at least 14 days have elapsed from their last residency.
    4. It is located in a place of worship which is established on the site for a period of 1 year or longer.
    5. It provides an employee or volunteer to maintain continuous on-site supervision.
    6. No religious shelter unit may be located within ¾-mile radius of another religious shelter unit (determined by a straight line from property line to property line).
    7. It is not located within a Primary Reservoir Watershed Protection Area or an -AOD.
  9. Residential Accessory Service
    1. A nonresidential accessory use located within an apartment or townhouse development or congregate care facility in an R-1, R-2, R-4, R-6, R-1o or RX-district. Allowed accessory uses are limited to eating establishment, beauty or barber shop, laundry or dry cleaning pickup, drug store, flower shop, gift shop or newsstand. Does not include an adult establishment.
    2. The gross floor area of all accessory uses can be no more than 25% of the dwelling unit.
    3. In no case shall the accessory use occupy more than 50% of the building gross floor area or 2,000 square feet, whichever is less (except that laundry facilities shall be excluded from this maximum floor area).
    4. The primary entrance to the accessory use must be internal to the main building.
    5. The display of products and activity of the accessory use must not be visible from outside the building.
    6. The signage and location must not be designed to attract clientele from outside the building or lot within which the use is sited.
    7. Residential accessory service uses are not allowed in a Primary Watershed Protection Area.
  10. Drive-Thru 

    A facility, whether attended or unattended, designed for the provision of products and/or services to persons remaining in their vehicles that are queued in a designated service lane. 

    1. Drive-thrus, with the exception of pharmacies, are prohibited in the DX-, RX-, and OX- districts, and any district with an Urban Frontage.  

    2. All drive-thrus existing in the DX-, RX-, and OX- districts, or any district with an Urban Frontage, prior to XX, XX, XXXX,  shall be subject to the following provisions: 

      1. Replacement, repair, and renovation of drive-thrus may be made provided the replacement, repair, or renovation conforms to all provisions of this UDO except 6.7.3.J.1. Replacement, repair, or renovation allowed under this section shall be like for like. This item is applicable to both voluntary and involuntary demolition of drive-thrus which leads to replacement, repair, or renovation. 

      2. Drive-thrus made non-conforming may be re-established provided the drive-thru conforms to all provisions of this UDO and provided the use is discontinued, vacated, or abandoned for a period of fewer than 730 consecutive days. This section is applicable to both voluntary and involuntary cessation of use.

      3. Drive-thrus shall not be extended, expanded, enlarged or increased in intensity, unless a special use permit is issued by the Board of Adjustment for such extension or expansion.  

  11. Drive-In 

    A facility where patrons can be accommodated remaining in a parked vehicle. Drive-ins typically incorporate canopies, installed electronic ordering systems, designated space numbers and other elements to facilitate service to the vehicle. This does not include designated drive-up/pick-up spaces within a standard parking facility. 

    1. Drive-ins are prohibited in the DX-, RX-, and OX- districts, and any district with an Urban Frontage.  

    2. All drive-ins existing in the DX-, RX-, and OX- districts, or any district with an Urban Frontage, prior to [insert effective date of this ordinance], shall be subject to the following provisions: 

      1. Replacement, repair, and renovation of drive-ins may be made provided the replacement, repair, or renovation conforms to all provisions of this UDO except 6.7.3.K.1. Replacement, repair, or renovation allowed under this section shall be like for like. This item is applicable to both voluntary and involuntary demolition of drive-ins which leads to replacement, repair, or renovation. 

      2. Drive-ins made non-conforming may be re-established provided the drive-thru conforms to all provisions of this UDO and provided the use is discontinued, vacated, or abandoned for a period of fewer than 730 consecutive days. This section is applicable to both voluntary and involuntary cessation of use. 

      3. Drive-ins shall not be extended, expanded, enlarged or increased in intensity, unless a special use permit is issued by the Board of Adjustment for such extension or expansion.