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Accessory Uses and Structures
USE, ACCESSORY
A use of a building, structure or land that is not a principal permitted use, but which is entirely incidental and subordinate to the principal permitted use on the same lot.
STRUCTURE, ACCESSORY
A structure subordinate to the principal use or structure on the lot and used for purposes customarily incidental to those of the principal use or structure.

Accessory uses and structures. All typical accessory uses and/or structures to the permitted uses shall be permitted, provided:
(a) They are located on the same lot as the principal use.
(b) They are clearly subordinate to the principal use.
(c) They have been properly addressed as part of the application for a building permit, subdivision, land development, special exception or conditional use, and a zoning permit has been obtained from the Zoning Officer as per § 455-95: Permit requirements.
(d) They comply with all applicable general and supplemental development and design requirements in § 455-47: Accessory buildings or structures and § 455-48: Accessory uses.
1. Accessory buildings or structures.
Accessory buildings or structures shall be permitted when in accordance with the standards set forth below.
A. Accessory buildings and structures must comply with all minimum yard setbacks for the district in which the lot is located.
B. Accessory buildings and structures which are used for active recreational uses, such as swimming pools, tennis courts, basketball courts, riding rinks and other similar uses, shall not be located in the front yard of the principal building on a lot.
C. Except in the case of unexclosed tennis courts and unenclosed swimming pools, the gross floor area of accessory buildings and structures shall not exceed 40% of the footprint of the principal building.
D. The following structures shall be permitted when incidental and subordinate to an existing residential use, and when located on the same lot as the principal use:
(1) Flagpole.
(2) Private antenna or microwave dish, in accordance with the radio or television antenna provisions of this chapter.
(3) Signs associated with the occupants of a residence and home occupation.
2. Accessory uses.
Accessory uses shall be permitted when in accordance with the standards set forth below.
A. Uses accessory to residential use. The following uses shall be permitted when incidental and subordinate to an existing residential use, and when located on the same lot as the principal use:
(1) Off-street parking.
(2) Home occupation, as permitted in § 455-61: Home occupations.
(3) Bed-and-breakfast, as permitted by § 455-52: Bed-and-breakfasts.
(4) Keeping of farm animals and poultry as pets, subject to the following provisions:
(a) The lot housing large animals of 600 pounds or more shall have not more than one large animal per two net lot acres.
(b) Lots housing small farm animals or poultry shall have a minimum net lot area of two acres; such lots shall not have more than eight small animals.
(c) Lots housing beehives have a minimum of two acres based on net lot area; such lots shall not have more than two beehives.
(d) Stables, hives, and shelters shall be set back at least 100 feet from any property line. Uncovered manure storage shall be located at least 100 feet from any lot line or stream. No manure may be stored within a swale or drainageway, nor located so as to drain onto adjacent land.
(5) Garage or yard sales. Garage or yard sales shall be subject to the following provisions:
(a) Such uses shall be limited to occurrences of not more than four times within one calendar year. There shall be at least a thirty-day period between such occurrences, and each occurrence shall last no more than three consecutive days.
(b) Signs advertising garage or yard sales shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than two off-premises signs shall be permitted to advertise the sale. Such signs shall only be placed with the permission of the applicable property owners.
(6) Parking or storage of commercial vehicles. See § 455-41B(4).
(7) Swimming pools shall be considered a permissible accessory use, subject to the following standards:
(a) A swimming pool constructed either above or below ground level, designed to hold more than 10,000 gallons of water and installed after the effective date of this chapter shall require a permit issued by the Zoning Officer.
(b) The swimming pool shall meet accessory structure setback requirements in § 455-47: Accessory buildings or structures. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining, or any other maintenance-related activity shall meet the required side yard setbacks for the applicable district and in no case shall be less than 10 feet from any property line.
(c) All swimming pools shall be completely enclosed by a permanent fence or wall at least four feet in height with no openings larger than four inches in width. Any building or structure meeting the height and opening requirement may be included as part of the required enclosure. All gates and door openings through the enclosure shall be equipped with a self-closing and self-latching device for keeping the gate/door securely latched at all times when not in use.
(d) The provisions regulating fencing in § 455-48A(7)(c) above shall not apply to a fence having sides extending four or more feet above grade on all sides or being four or more feet above grade, provided that the stairs or other means of access to the pool are removed when the pool is not in use.
(e) The pool is intended to be used solely for the enjoyment of the occupants of a principal use of the property on which it is located.
(f) The Zoning Officer shall issue the permit upon determining from plans or specifications presented by the applicant that the pool meets all requirements.
(8) Other uses of similar character to those listed above.
B. Uses accessory to commercial and industrial uses. The following uses shall be permitted when incidental and subordinate to an existing commercial use and when located on the same lot as the principal use:
(1) Off-street parking facilities, in accordance with Article X: Off-Street Parking and Loading.
(2) Storage of materials, in accordance with § 455-41: Outdoor storage.
(3) Signs in accordance with Article XI: Signs.
(4) Day care may be permitted in conjunction with a commercial, office, or industrial use in accordance with the commercial day-care center provisions in § 455-53: Commercial day-care centers.
 
Application fee: $75 upfront fee for permit application