§ 25-2-893. ACCESSORY USES FOR A PRINCIPAL RESIDENTIAL USE.

(A)

For a principal residential use, this section prescribes the requirements for an accessory use.

(B)

This subsection provides for vehicle storage as an accessory use.

(1)

Not more than one motor vehicle for each licensed driver residing on the premises may be stored on the premises.

(2)

Notwithstanding the limitation of Subsection (B)(1), a private garage for the storage of not more than four motor vehicles is permitted.

(3)

Except for an antique vehicle or recreational vehicle, a motor vehicle with a capacity of one ton or greater is prohibited.

(4)

Not more than one commercial vehicle may be stored on the premises.

(5)

Except as provided in Subsection (B)(6), an inoperable motor vehicle may not be stored on an adjacent public right-of-way. A motor vehicle is inoperable if, for more than 72 hours, the vehicle:

(a)

does not have license plates or has license plates that have been expired for more than 90 days;

(b)

does not have a motor vehicle safety inspection sticker or has a motor vehicle inspection safety sticker that has been expired for more than 90 days; or

(c)

cannot be started or legally operated in a public right-of-way.

(6)

The prohibition of Subsection (B)(5) does not apply to:

(a)

an antique or recreational vehicle stored at an owner's residence; or

(b)

a vehicle under repair for less than 60 days, if not more than one other vehicle is also under repair.

(7)

Up to two vehicles that are either antique or recreational vehicles may be stored on the premises, if the storage area is not a health hazard and is either in an enclosed building or screened from public view with a solid wood or masonry fence at least six feet high.

(C)

The following are permitted as accessory uses:

(1)

recreational activities and recreational facilities for use by residents;

(2)

religious study meetings;

(3)

playhouses, patios, cabanas, porches, gazebos, and household storage buildings;

(4)

radio and television receiving antenna and dish-type satellite receivers;

(5)

solar collectors;

(6)

home occupations that comply with Section 25-2-900 (Home Occupations);

(7)

on-site sales as authorized by Section 25-2-901* ( Residential Tours ) or Section 25-2-902* ( Garage Sales );

*Editor's note: Ord. 20121018-024 renumbered these sections, respectively as §§ 25-2-902 and 25-2-903 but failed to amend this section. Future legislation will correct the provision if needed.

(8)

the keeping of dogs, cats, and similar small animals as household pets; and

(9)

a single accessory apartment that complies with the requirements of Section 25-2-901 ( Accessory Apartments ).

(D)

A guest house is permitted if the principal use is a single-family residential use located on a lot with at least 10,000 square feet of area. A guest house may be occupied only by occasional nonpaying guests of the permanent residents.

(E)

A single accessory dwelling is permitted if the principal use is a single-family residential use located on a lot with at least 15,000 square feet of area. An accessory dwelling may be occupied only by a family that has at least one member employed on-site for security, maintenance, management, supervision, or personal service.

(F)

A residential convenience service is permitted if the principal use is a multifamily use or a mobile home park use. A residential convenience service is a commercial use that is operated as an integral part of the principal use, is not identifiable from outside the site, and is intended to be patronized solely by the residents of the principal use.

(G)

A dock is permitted as an accessory use if the requirements of this subsection are met.

(1)

A dock may be located off-site.

(2)

A dock may not include habitable space or living quarters or other elements not necessary to the function of a dock, such as space conditioning, sinks, toilets, or wastewater or potable water lines or connections.

(3)

A dock may include only the following as appurtenances and means of access:

(a)

a storage closet that meets the requirements of Subsection (A);

(b)

a roof;

(c)

a second floor;

(d)

marine lockers;

(e)

railings;

(f)

a non-potable water pump and hose bib;

(g)

electrical connections;

(h)

lighting and fans;

(i)

non-mechanized access, including a staircase, pedestrian bridge, gangway, and gates;

(j)

non-mechanized recreational equipment, such as slides or swings; and

(k)

accessories or slips that may accommodate the mooring or storage of boats in compliance with the requirements of Section 25-2-1176 ( Site Development Regulations for Docks, Marinas, and Other Lakefront Uses ).

(4)

Only one dock is permitted for a principal residential use, even if the use is located on more than one lot.

(H)

A use other than one described in this section is permitted as an accessory use if the director determines that the use is necessary, customary, appropriate, incidental, and subordinate to a principal use.

(I)

An accessory use may generate not more than ten guest vehicles trips a day or 30 guest vehicles trips a week.

Source: Sections 13-2-1 and 13-2-302; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20110922-087; Ord. No. 20140626-113, Pt. 3, 7-7-14 .