§ 23-501. Generally.

Latest version.
  • Accessory uses and structures are permitted in all zoning districts subject to the restrictions contained in this article. The types of accessory uses and structures permitted are determined by the principal use of the property rather than by the zoning district in which the property lies. As an example, a residential property in a commercial zone would be allowed the uses and structures designated in this article as uses and structures permitted for residential buildings. Additional regulations may be required according to the zoning district of the property.

    Residential properties are premises used primarily for dwellings.

    Both accessory uses and accessory structures must be subordinate to the principal use or structure. Accessory uses shall involve no more than twenty-five (25) percent of the building or property, as applicable, where the use takes place. Accessory structures shall be governed by specific limits in this article and in no case shall exceed fifty (50) percent of the area of the principal structure or of the property, as applicable, occupied by the principal use.

    a. Accessory uses.

    1. Uses which do not comply with the restrictions for accessory uses shall be considered principal uses and shall be subject to the permitting requirements of these land development regulations for the zoning district in which the property lies. See Table 23-421 for permitted and special exception uses allowed in each zoning district.

    2. Unless otherwise stated in these land development regulations, verification of zoning compliance and a certificate of use under section 23-212 and 23-213 are not required for the addition of an accessory use listed in Table 23-521 for residential properties or Table 23-541 for non-residential properties. If the accessory use is not listed on the applicable table, the administrative official must make a determination whether the proposed use qualifies as an accessory use by virtue of its being a use customarily incidental to the principal use of the property.

    3. Addition of an accessory use to a property where the principal use is a special exception use under article IV requires a special exception use permit pursuant to section 23-216

    4. Additional requirements may apply to the addition of accessory uses if either the principal use or the accessory use is regulated under article II, div. 2, specific use regulations.

    b. Accessory structures.

    1. Verification of zoning compliance pursuant to section 23-212 is required for the construction or location of any accessory structure. A site plan and other information to verify compliance with the provisions of this chapter may be required by the administrative official prior to issuance of a building permit for an accessory structure.

    2. An accessory structure may be located on a lot where no principal structure exists only upon the approval of a special exception use permit granted pursuant to section 23-216

    3. Accessory structures on mixed-use properties (with both residential and non-residential uses) shall comply with the requirements for residential properties unless a special exception permit is granted by the planning board pursuant to section 23-216. Non-residential properties with accessory apartments shall not be classified as mixed-use properties for the purposes of this section.

    4. Accessory structures with non-rigid roofs, such as tents, are not permitted except on a temporary basis, not to exceed four (4) weeks per calendar year.

    5. Temporary accessory structures, including trailers, tents, and modular units, for occupation or storage use during construction, reconstruction, or repair of a principal structure may be permitted by the administrative official for specific time periods, subject to compliance with all applicable building codes.