Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VIII
Accessory Uses and Structures
Section 400.2760 Intent and Interpretation.
[Zoning Order §8.010, 4-2-2008]
It is this Article's intent to regard certain activities as being accessory to the main use of the premises so that they may be carried on under the umbrella of the main use. An activity will be considered an accessory use or accessory building or accessory structure when it is conducted in conjunction with the main use and the activity constitutes only a customarily incidental part of the total activity that takes place on the property. An accessory use is commonly associated with the main use and is integrally related to it. Accessory uses, buildings or structures shall be subject to the same regulations as applied to principal uses in each district, except as otherwise provided in these regulations. In no case, shall an accessory use, building or structure be established on a lot until the principal use has been established or the use is in conformance with all the regulations applicable to the zoning district, except as provided in Division 2 of this Article for temporary uses.
Section 400.2770 Accessory Uses, Buildings and Structures.
[Zoning Order §8.020, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(8.020), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 17-0158, 2-14-2017]
A.
Definition And Applicability.
1.
In a residential zoning district, an accessory building or structure is a subordinate building or structure that is attached to or detached from the principal building and that is not used for commercial purposes except, as provided herein, for home occupations. The use of mobile homes, tractor trailers, overseas containers, etc., are prohibited from being used as accessory buildings except as set forth in this Section.
2.
In a non-residential zoning district, an accessory building or structure is a subordinate building or structure, the use of which is necessary to and supportive of the principal building. In a mixed use development, separate uses that are located on the same lot shall not be considered accessory to one another.
3.
Overseas containers may be used as accessory storage buildings in the "RA-5" and "LR-2" zone districts or on a lot of at least five (5) acres in size upon the issuance of a Conditional Use permit by the County Council in accordance with the procedures set forth in Section 400.1140 and 400.3010 and subject to the following conditions:
a.
There must be a principal structure established on the lot and the lot shall be at least five (5) acres in size; and
b.
The overseas container shall not be located in front of the principal structure; and
[Ord. No. 20-0406, 9-29-2020]
c.
The overseas container shall be placed on a hard surface; and
d.
The overseas container shall be subject to all State, local, and Federal permits including a Jefferson County Building permit; and
e.
The overseas container shall be screened on all sides with the exception of the entry or access door.
B.
Standards For Accessory Dwelling Units. An example of an accessory building in a residential district is a mother-in-law cottage/guest cottage as permitted in Section 400.1650. A dwelling unit may be allowed as an accessory use to the principal dwelling unit under the following conditions:
1.
Accessory dwelling units may be constructed in a residential zoning district. This includes both planned and non-planned residential zoning districts and the "PM" Planned Mixed Use District.
2.
An accessory dwelling unit may be constructed only upon the issuance of a building permit.
3.
The accessory dwelling unit shall be a permanent structure.
4.
Accessory dwelling units shall be connected to public water and sewer service where available or have on-site water and sewer facilities that comply with all County and State regulations.
5.
The accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit.
6.
The accessory dwelling unit shall comply with all required building setbacks for the principal residential use.
7.
A mobile home, as defined in Article II of this UDO, may be an accessory dwelling unit only in the "RA-5" and "LR-2" residential districts.
8.
Sufficient parking shall be provided on-site to accommodate the separate dwelling unit, other than the driveway for the dwelling unit.
C.
Standards For Accessory Buildings In Residential Zoning Districts. Accessory buildings may be allowed in residential zoning districts pursuant to the following conditions:
1.
Detached accessory buildings shall not be located in front of the principal building and shall be placed in the rear yard, except that a detached garage may be located in the side yard, provided it is not in front of the front setback line, in the "R-20," "R-10," "R-7" and "PR-2" zone districts.
2.
The minimum required side setback for the principal building shall be observed for accessory buildings.
3.
Accessory buildings, which are adjacent to a side street, shall have a side yard not less than that required for the primary structure.
4.
The maximum height shall not exceed thirty-five (35) feet from ground level.
5.
Accessory buildings on corner lots may be located in the side yard but shall be located behind the primary structure, shall not be located within a front yard setback, and shall be set back at least fifteen (15) feet from the side property lines.
[Ord. No. 20-0406, 9-29-2020]
D.
Standards For Accessory Structures In Residential Zoning Districts. Accessory structures may be allowed in residential zoning districts under the following conditions:
[Ord. No. 20-0406, 9-29-2020; Ord. No. 21-0279, 5-12-2021]
1.
At-grade patios, walkways and driveways may extend to the property line.
2.
Retaining walls may be located on a property line.
3.
Retaining walls may be located on a property line, provided they shall not adversely affect drainage or shall not be constructed in such a way as to create a sight distance hazard. The Director may order the removal of an improperly located retaining wall at the owner's expense.
4.
Decks, platforms and gazebos may encroach to no more than fifteen (15) feet of a rear property line; however, encroachment into a required side yard is prohibited.
5.
Pools for which a building permit is required must meet a fifteen (15) foot rear yard setback and required side yard setback, excluding at-grade patios measured from the outside pool wall.
6.
Pools on corner lots may be located in the side yard but shall be located behind the primary structure, shall not be located within a front yard setback, and shall be set back at least fifteen (15) feet from the side property lines.
Section 400.2800 Construction Office (Temporary) - Accessory Use.
[Zoning Order §8.030, 4-2-2008]
A construction trailer may be used as a temporary construction/sales office on the site of a construction project, provided the trailer is removed upon completion of the project. In residential districts, the construction trailer shall be moved from those portions of the project that have been completed and occupied. In the case of a subdivision or project for which approval has been given for phased development, the trailer shall be moved to the subsequent phase of the development.
Section 400.2810 Dwelling (Temporary) - Accessory Use.
[Zoning Order §8.031, 4-2-2008]
A.
A mobile home or recreational vehicle may be used as a temporary dwelling unit during construction of the principal dwelling unit in the residential zoning districts, provided that the mobile home is removed or recreational vehicle is vacated upon issuance of an occupancy permit for the principal dwelling unit. In non-planned residential districts, the accessory dwelling unit shall be required to:
1.
Meet all building setbacks of the zoning district;
2.
Provide sanitary sewer and water services approved by applicable State and local authorities;
3.
Provide for electrical service approved by local and County authorities; and
4.
Receive all other required local and County permits for the duration of the habitation of the accessory dwelling unit.
Section 400.2820 Temporary Relocatable Classroom Buildings.
[Zoning Order §8.032, 4-2-2008]
Temporary relocatable classrooms are a permitted accessory use to schools and churches in any zoning district.
Section 400.2850 Day Care/Elder Care Home - Accessory Use.
[Zoning Order §8.040, 4-2-2008]
A day care/elder care home is a permitted accessory use in a residential structure occupied by a person who cares for not more than four (4) persons for any part of a twenty-four (24) hour period. Care for more than four (4), but not more than ten (10) persons, shall require a conditional use permit as specified in Article IX.
Section 400.2860 Fence or Masonry Wall - Accessory Use.
[Zoning Order §8.050, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(8.050.A.1), 7-30-2008; Ord. No. 11-12-2008A §§1 — 2(8.050), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
In residential districts, the following restrictions and standards shall apply to all fences and masonry walls:
1.
Front yard. A fence or masonry wall constructed within the front yard setback shall not exceed four (4) feet in height in the "R-40", "R-20", "R-10" and "R-7" zone districts. In the "RA-5" Rural/Agricultural and "LR-2" Large Lot Residential Districts, however, such fence may be increased to eight (8) feet maximum height, if the fencing material is at a ratio of two-thirds (2/3) open space to one-third (1/3) closed space (e.g., picket and split rail fence) per square foot for that part of the fence that exceeds the four (4) feet height limit.
2.
Rear yard. A fence or masonry wall up to eight (8) feet in height may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. However, no fence shall be permitted in any required landscape area, except as approved by the County.
3.
Side yard. A fence or masonry wall up to eight (8) feet in height may be constructed on the side property line, except that no fence or masonry wall over four (4) feet in height shall be in front of the front setback line on a corner lot. A fence or masonry wall on the side property line under this Subsection may be constructed to match a fence or masonry wall allowed by or located in Subsection (A)(1) above. In addition, no fence shall be permitted in any required landscape area, except as a part of an approved development plan.
B.
In all commercial and industrial districts, a fence or wall may be constructed on any side or rear property line, but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building, except per approved development plan.
Section 400.2870 Accessory Structure - Accessory Buildings To Be Permitted in Residential Districts.
[Zoning Order §8.060, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(8.060), 7-30-2008]
A.
In the "RA-5" Rural/Agricultural and "LR-2" Large Lot Residential Districts, there shall be permitted accessory buildings, combined square footage of which shall not exceed a total of four thousand (4,000) square feet or five percent (5%) of the lot area that is not occupied by the primary use, whichever is most permissive. Accessory buildings shall comply with Section 400.2770. On a lot where the primary building has not been constructed, the total square footage of all accessory structures shall not exceed four thousand (4,000) square feet.
B.
In the "R-40", "R-20", "R-10" and "R-7" residential zoning districts, accessory buildings shall not exceed a total of twelve hundred (1,200) square feet or five percent (5%) of the lot area that is not occupied by the primary use, whichever is most permissive. Accessory buildings shall comply with Section 400.2770. On a lot where the primary building has not been constructed, the total square footage of all accessory buildings shall not exceed twelve hundred (1,200) square feet.
C.
Accessory buildings that are two hundred (200) square feet or less shall be set back at least fifteen (15) feet from the rear property line.
Section 400.2880 Greenhouse - Accessory Use To A Permitted Residential Use.
[Zoning Order §8.070, 4-2-2008]
In the "R-20", "R-10" and "R-7" residential districts a greenhouse may not exceed twenty-five percent (25%) of the ground floor area of the residential structure it serves. All plants grown in the greenhouse shall be only for private, non-retail or wholesale use. In the "RA-5" and "LR-2" residential districts, a greenhouse shall be treated as an accessory structure as provided in Section 400.2870.
Section 400.2890 Home Occupation - Accessory Use in Residential Dwelling.
[Zoning Order §8.080, 4-2-2008]
A.
Home occupations shall be permitted as an accessory use in residential dwellings and accessory structures conforming to this UDO in any district, subject to the following provisions:
1.
Purpose and intent. It is the purpose and intent of these requirements to:
a.
Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;
b.
Provide residents of the County with an option to utilize their residences as places to enhance or fulfill personal economic goals, as long as the choice of home occupations does not infringe on the residential rights of neighbors;
c.
Establish criteria for operating home occupations in dwelling units and accessory structures; and
d.
Ensure that public and private services, such as streets, sewers, water or utility systems, are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
2.
General provisions.
a.
Home occupations shall be permitted as accessory uses within principal residential dwellings and accessory structures, conforming to this UDO, in any residential district; provided that they meet the following conditions and all requirements of the district in which they are located:
(1)
The home occupation must be clearly incidental and secondary to the primary residential use of the dwelling;
(2)
The home occupation must not change the outside appearance of the dwelling(s);
(4)
The home occupation must not generate traffic, parking, sewage or water use in excess of what is normal or customary in a residential neighborhood;
(5)
The home occupation shall not create a hazard to person or property, result in electrical interference or become a nuisance;
(6)
No outside storage of any kind related to the home occupation shall be permitted;
(7)
No persons other than self or family members residing on the premises, plus one (1) additional person not residing on the premises, shall be employed or involved in any business activity related to the home occupation on the premises;
(8)
No more than thirty-three percent (33%) of the gross floor area of the dwelling unit shall be used for the operation of the home occupation inside the residential dwelling or accessory structure;
(9)
Deliveries of materials to and from the premises in conjunction with the home occupation shall not require the use of vehicles other than parcel post or similar parcel service vehicles;
(10)
Noise, vibration, smoke, odors, heat or glare, as a result of a home occupation, which would exceed that normally produced by a single residence, shall not be permitted;
(11)
The lot upon which the home occupation is operated shall not be utilized to park or maintain more than two (2) private commercial single-axle vehicles not to exceed a one (1) ton rating;
(12)
Home occupations shall maintain required licenses and permits mandated by applicable County, State and/or Federal laws;
(13)
Persons intending to operate a home occupation should notify their applicable Home Owners Association ("HOA"), if one exists, of their intent prior to beginning operations; said notification is to provide the HOA with notice of intent only.
b.
Permitted home occupations. Home occupations shall be approved by the Director upon his/her determination that the requirements of this UDO can be satisfied. In the event a home occupation is denied by the Director, the reasons for the denial shall be given to the applicant in writing. This decision for denial may be appealed to the Planning and Zoning Commission within fourteen (14) days of the date of the letter from the Director.
Section 400.2900 Kennel - Accessory Use.
[Zoning Order §8.090, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
A kennel with outside runs as an accessory use to a veterinarian clinic/hospital shall be located at least one hundred (100) feet from any property zoned or used for residential purposes.
B.
A kennel facility and outdoor runs on residentially zoned property shall not encroach within the building setback areas of the zone lot.
Section 400.2910 Loft Dwelling Unit Above Detached Garage.
[Zoning Order §8.100, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(8.100 C), 7-30-2008]
A.
A single loft dwelling unit above a detached garage is permitted as an accessory use to a permitted residential use provided:
1.
Additional parking is provided on site to accommodate the separate dwelling unit, other than the driveway for the principal structure;
2.
Building codes can be met as they relate to the separation requirements between the garage and the residential dwelling unit(s); and
3.
Loft dwelling units above a detached garage are prohibited in the "R-10" and "R-7" zone district(s).
Section 400.2920 Outdoor Storage - Accessory Use.
[Zoning Order §8.110, 4-2-2008]
A.
Outside storage of vehicles, motor homes, equipment, materials, boats or personal watercraft, etc., whether in open or enclosed yards, shall stay behind the front building line and shall meet the following conditions:
1.
The outside storage shall be located on land owned by, leased by or under the control of the users;
2.
All storage areas and access drives shall be paved (includes pervious pavement), rocked or constructed with crushed stone; and
3.
Outside storage of inoperative vehicles or equipment (no more than two (2) shall comply with all other County codes and regulations. Inoperative vehicles or equipment shall be stored in an enclosed, sight-proof area or covered with a fitted vehicle cover (not a tarp).
Section 400.2930 Windmills For Power Generation.
[Zoning Order §8.120, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(8.120), 7-30-2008]
A.
Windmills for power generation incidental to any permitted residential or agricultural uses may be located in an "RA-5", "LR-2" or "R-40" zone district.
B.
Windmills shall comply with the building setbacks and height limitations of the zone district in which located.
C.
Windmills shall comply with the Building Code.
D.
Windmills shall comply with all other applicable local, State and Federal regulations.