Section 34 Accessory Uses
SECTION 34
ACCESSORY USES
(As Amended by Ordinance No. 480-LL)
(As Amended by Ordinance No. 480-QQ)
(As Amended by Ordinance No. 480-SS)
34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily incidental to
the principal use of the premises, the following accessory uses are specifically authorized in the listed
zoning district when constructed or operated in conjunction with an appropriate principal use:
District Where
ACCESSORY USE
Permitted
a. Barns, stables, granaries, pump houses, water tanks and silos; but not including slaughter houses AG
or processing of agricultural products, animals or poultry.
b. Equipment Sheds AG, RE
c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL
uses. No accessory use shall be construed to permit the keeping of articles or materials in the open
or outside the building unless specifically permitted in Section 40 of this ordinance.
d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE, SF-1A, SF-1B
provided: (where the lot on
which the structure
1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located
create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same
humans or animals. minimum lot square
footage required in
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF-1A and SF-1B
properly retain the grazing animal(s) on the premises. zoning category)
SF-30 (where the lot
3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure
pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet will be located
per each grazing animal over five hundred (500) pounds and not less than five thousand contains the same
(5,000) square feet for any other grazing animal. minimum lot square
footage required in
4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-1A and SF-1B
minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoning category)
zoned in a residential category.
e. Private residential garages, carports and related storage buildings and greenhouses accessory to AG, RE, SF-1A, SF-
permitted residential uses. (As amended by Ord. 480-G.) 1B, SF-30, SF-20A,
SF-20B, MF-1, MF-2,
MH, DT*
f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if AG, RE, SF-1A,
lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-1B, SF-30,
residential property; and further provided that any such pool or game court is for the private use of SF-20A, SF-20B,
the site occupants and their guests, and not operated as a business. All "at grade" swimming pools
MF-1, MF-2, MH
* Shall apply only to approved single-family residential uses in the DT zone
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with a water depth greater than twenty-four (24) inches and "above grade" swimming pools
having a water depth twenty-four (24) inches or more, except for portable tot pools, shall be
enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform
Building Code (whichever is the most restrictive) of such material and design to discourage
unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes
and having a depth less than twenty-four (24) inches are not subject to a special fencing
requirement and may be located within required front or rear yards provided that they maintain a
minimum ten foot (10') setback from the closest property line.
All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of
the principal building on the lot, and shall not be located closer than five feet (5') to any side or
rear property line nor be located any closer than five feet (5') to another structure. (As amended
by Ordinance No. 480-C.)
g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG, RE, SF-1A,
provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-1B, SF-30,
SF-20A, SF-20B,
MF-1, MF-2, MH,
DT*
h. Required off-street parking and loading spaces. All
i. Home occupation uses, as defined by this ordinance. AG, RE, SF-1A,
SF-1B, SF-30,
SF-20A, SF-20B,
MF-1, MF-2, MH,
DT*
j. Parking and storage of private boats, camper trailers or other recreational vehicles in conformance AG, RE, SF-1A,
with Section 35. SF-1B, SF-30,
SF-20A, SF-20B,
MF-1, MF-2, MH
k. Model and/or sample homes for the purpose of promoting sales shall be permitted, providing AG, RE, SF-1A,
these structures are located on and within the same tract or subdivision of land being developed SF-1B, SF-30, SF-
for sale. 20A, SF-20B, MF-1,
MH, DT*
HC, O-1, O-2,
l. Signs for advertising uses on the premises.
C-1, C-2, C-3,
C-4, B-1, B-2, DT**,
I-1 and I-2
m. Tennis courts, health clubs, and related recreation facilities provided they are for the primary use HC, DT**
of guests, customers or persons associated with the principal use.
n. Retail uses which are reasonably related to the principal uses within the structure provided they do O-1, O-2, B-1, I-1,
not exceed fifteen (15) percent of the floor area of the building. I-2
o. On site storage of records or file materials which are ancillary to or a portion of the office or O-1, O-2, DT**, B-1,
business activities conducted within the principal office use (an example of this activity would be I-1
the file storage and records required by a title company operation).
p. Retail activity of a service nature designed to provide direct service support to the businesses
O-1, O-2, B-1
and employees who occupy the remainder of the office complex. This would be limited to
* Shall apply only to approved single-family residential uses in the DT zone
** Shall apply only to non- residential uses and mixed-use buildings in the DT District
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those activities which are clearly supportive of office operations, such as food service in the
nature of cafeterias or snack bars, news stands or gift shops providing reading material and
small, consumable sundries, pharmacies or drug stores, particularly when co-located with
medical or medical related office facilities, office supply stores or outlets providing support to
businesses within the complex itself (stores operating under this provision shall not be limited
only to sales within the office complex, but should clearly be aimed at marketing primarily
within the immediate vicinity of the complex site).
q. Feeding pen (not commercial) accessory to farm use AG
r. Retail sales incidental to principal activity I-1, I-2
s. Such other service activities as are clearly found to be directed at supporting the employees or O-1, O-2, B-1
business operations of the office complex. In no event shall the area allocated to retail sales
exceed fifteen (15) percent of the net usable square footage of each office structure.
All retail operations undertaken pursuant to this provision shall involve no outdoor storage or
sales and all signage for such activities shall be contained wholly within the office structure in
which the retail operation is established. No outside advertising shall be permitted.
t. (Deleted by Ordinance No. 480-Z.)
u. (Deleted by Ordinance No. 480-U.)
v. Office or administrative areas and activities supportive of the permitted principal uses. I-1, I-2, B-1, B-2
w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2, C-3, C-4, B-1, B-
clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2, DT**, I-1, I-2
shall be limited in that used merchandise displayed for sale may not exceed 20% of the total
merchandise displayed for sale.
x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL
parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries.
y. One temporary construction facility and/or one temporary sales facility by a Developer, including ALL
manufactured housing, not to exceed 500 square feet per facility, only during actual construction
for a period not to exceed two (2) years and located on property being developed.
z. Temporary concrete batching or transient mix plant for ninety (90) days plus one (1) thirty ALL
(30) day extension. (As amended by Ordinance No. 480-D.)
aa. Tents for the purpose of promoting retail sales for a period not exceeding twenty-three (23) CS, C-1, C-2, C-3, C-
days. This use shall require a permit and shall be constructed in accordance with the provision 4, B-1, B-2, I-1, I-2,
of the Uniform Fire Code, Article 32, as amended. It shall also meet the development S-P-1, S-P-2, NR-
regulations of the zoning district in which it is being placed. No more than two permits may PUD
be issued in any one year period, with a sixty (60) day separation between uses. (As amended
by Ord. 480-H.)
** Shall apply only to non- residential uses and mixed-use buildings in the DT District
*** Special Use Permit Required
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aa. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in
accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of
a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal
communications are exempted from the requirements of this section. (As amended by Ord. No. 480-J)
(1) Noncommercial television satellite dishes and noncommercial radio and television AG, RE, SF-1A, SF-
receiving antennas: 1B, SF-30, SF-20A,
SF-20B, R-PUD, MF-
Satellite dishes Max.Ht. Dish Size Location
1, MF-2, MH, DT**
(1 per site) (Max.Diameter)
PLOT PLAN
REQUIRED
Type:
Roof Mount 35' 10' Rear of roof not visible from public
R.O.W. in front of dwelling
Pole Mount 35' 10' Rear yard: > 10' from rear property
Ground Mount 15' 10' line & > 10' from side property line
or behind the principal dwelling but
not in the side yard (not visible
from public R.O.W. in front of
TV Receiving dwelling)
Antenna (1 per site)
Roof Mount
35' N/A
Pole Mount 35' Rear of roof
35' N/A
Behind the principal dwelling, but
not in the side yard
(2) Noncommercial radio transmitting antennas limited to 65' in height. Must be located AG, RE, SF-1A, SF-
behind the principal dwelling, but not in the rear yard. Must be no closer to a property 1B, SF-30, SF-20A,
line than the maximum height of the antenna. (Complaints concerning electrical, radio, or SF-20B, R-PUD, MF-
television signal interference shall be referred to the FCC.) 1, MF-2, MH
PLOT PLAN
REQUIRED
(Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480-W.)
(3) Nonresidential satellite dishes accessory to the principal permitted use on site. O-1, 0-2, C-1, C-2, C-
3, C-4, B-1, B-2, I-1,
Type: Max.Ht. Dish Size Location
I-2, HC, S-P-2, S-P-1,
(Max.Diameter)
CS, NR-P.U.D.
Roof Mount 35' 10' Rear of roof not visible from public
PLOT PLAN
R.O.W. in front of principal
REQUIRED
structure
Pole Mount 35' 10' Rear yard: > 10' from rear property
Ground Mount 15' 10' line & > 10' from side property line
or behind the principal structure but
not in the side yard (not visible
from public R.O.W. in front of
principal structure)
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bb. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS, C-1, C-2, C-3, C-
space. Shopping carts shall not be stored outdoors for any site approved after September 4, 2001 4, S-P-1, S-P-2, and
unless screened from the public right-of-way by a four (4) foot masonry wall.
PUD, DT**
CS, C-1, C-2, C-3, C-
cc. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors
4, S-P-1, S-P-2, and
provided that the machine(s) are not clearly visible from the public right-of-way or adjacent
PUD, DT**
residential property. Signage on prepackage ice and vending machines shall not be readily
identifiable by type or product name from adjacent public streets.
dd. Outdoor commercial displays (See section 34.3 for specific regulations). CS, C1, C2, C3, C4, I-
1, I-2, B-1, B-2, HC,
DT
ee. Yard or garage sales, subject to the following requirements:
AG, RE, SF-1A, SF-
1B, SF-20A, SF-20B,
1. No more than 3 garage sales within any 12 month period may occur.
SF-30, MF-1, MF-2
2.2. The duration of the sale shall not exceed 72 hours.
ff. Fund raising/ sales. This activity may take place if the sole purpose is for raising funds to support
CS, C1, C2, C3, C4, I-
community service organizations, public charities, or non-profit organizations and the
1, I-2, B-1, B-2, HC,
following conditions are met:
DT
1. The solicitation or sales activity is restricted to privately owned land.
2. The solicitation or sales activity is restricted ton area that will not impede the normal flow
of vehicular and customer traffic so as to create a traffic hazard, or other hazard to the
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public.
3. The organization has permission of the owner or lessee of the land.
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4. The duration of the fund raiser activity shall not exceed seven (7) consecutive days;
provided that fund raising and sales that take place inside a a permanent structure shall not be
subject to this limitation.
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gg. Mass gathering events. This activity is authorized as an accessory use if it occurs: ALL
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1. in a permanent structure designed, constructed and approved by the Fire Marshal for the
occupancy load of the event, with sufficient permanent sanitary facilities, as required by the
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Uniform Building Code and sufficient parking facilities as required by this ordinance; or
2. 2. on a tract of land which is at least 10 acres in size, and the mass gathering area is at least 200
feet from the adjacent property, and the site will accommodate the required parking of cars of
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attendees on-site; or
3. if the event is attend by less than 1,000 people in a single day and a permit has been issued by
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the Zoning Administrator..
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** Shall apply only to non- residential uses and mixed-use buildings in the DT District
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*** Specific Use Permit Required
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34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any
accessory building: (As amended by Ordinance No. 480-C.)
a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to
a property line located in the rear yard. Those structures not on a permanent foundation may be
placed as close as five feet (5') to a property line located in the rear yard.
b. No accessory building shall be erected within ten feet (10') of any other building, except that
detached residential garages may be located not closer than five feet (5') to the main dwelling.
c. No accessory building shall be constructed upon a lot until the construction of the principal
building or use has actually been commenced, and no accessory building shall be used unless the
main building in a lot is completed and used.
d. No accessory building shall be used for dwelling purposes other than by domestic servants
employed entirely on the premises or by family members and only in compliance with individual
district regulations.
e. Accessory buildings shall not exceed one story or fourteen feet (14') in height.
f. No accessory building shall be located forward of the principal building on the lot.
34.3 OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type and
location of outdoor commercial display items at permanent business locations:
a. Items or merchandise which may be stored and displayed outside of a permanent business location
without screening includes the following items and similar types of items:
1) living plant materials;
2) bundled firewood;
3) merchandise associated with the holidays; and
4) mechanical equipment associated with lawn and garden care and maintenance if such
display shall be in conjunction with a promotional event and such equipment shall not
be stored outside more than three (3) continuous days and must be removed and
returned indoors at the end of each business day).
b. No other items or merchandise shall not be stored outside unless screened in accordance with the
requirements of Section 39.
c. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the
front of the building intended for the egress of pedestrians along the front of the building shall be
used for storage, provided that the remaining pedestrian path, sidewalk or hard surface area shall
be not less than 5' in width (See Exhibit 34-A).
d. The storage area shall not exceed 30% of the linear frontage of the principal building (See Exhibit
34-B).
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e. The merchandise for sale shall not be located further than 15' from the principal building.
f. The merchandise for sale shall not be located within required landscaped areas, required parking
areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface.
g. The display of merchandise shall be maintained in a neat, orderly manner and not be stacked
higher than a height of four (4) feet. Height regulations shall not apply to living plant materials or
the sale of Christmas trees.
h. Packaged materials displayed outdoors shall not be readily identifiable by type or product name
from adjacent public streets or adjacent residential property by reason of package labels, sales tag
markers, signs or otherwise.
i. The display of such merchandise must not impede traffic flow or block site distance on the street.
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