Quincy City Zoning Code

ACCESSORY USES

AND BUILDINGS

§ 162.110 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY USE. A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.

ACCESSORY BUILDING. A part of the main building, or a separate building devoted to an accessory use.

ARRAY. A mechanically integrated assembly of module(s) or panel(s) with a support structure and foundation, tracker, and other components, as required, to form a DC or AC power-producing unit. For use in this chapter, an array can be one component of a solar photovoltaic power system.

HOME OCCUPATION. An occupation or profession carried on by a member of the immediate family residing on the premises, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and which conforms to the standards and provisions provided herein.

(1) Standards for the operation of a home occupation.

(a) Only one occupation or profession shall be permitted.

(b) The occupational use shall occupy no more than 25% of the ground floor area of the structure including an attached garage.

(c) Only items produced on the site shall be sold upon the premises. No retail sales, warehousing or wholesaling shall be permitted on the premises.

(d) The goods and services shall be provided principally on a custom, individual appointment or to-order basis, rather than a continuing and regular business enterprise.

(e) One nonilluminated home occupation sign not to exceed two square feet, wall-mounted on the dwelling, affixed to a window, attached to the house or placed no more than one inch from the foundation. The permitted sign shall indicate only the name of the person and their occupation. No freestanding sign is allowed.

(f) No display or products shall be visible from the street.

(g) No person other than a member of the immediate family residing on the premises may be employed.

(h) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

(i) Only normal domestic or household equipment shall be used to accommodate the home occupation. This prohibits the use of gases, chemicals, commercial or industrial mechanical and electrical equipment.

(j) All activities shall be carried on indoors, only in the principal building. No outdoor activities, display or storage shall be permitted.

(k) No additional or separate exterior entrance from outside the principle building to the home occupation except that which serves the residential portion of the home.

(l) No structural additions, enlargements or exterior alterations are permitted that would change the residential character of the dwelling.

(2) Specific examples of home occupations permitted. Permitted home occupations may include, but are not limited to, the following list:

(a) A professional such as an engineer, planner, architect, doctor, dentist or attorney;

(b) Dressmakers, seamstresses or tailors;

(d) Beauty, barber, masseuse or manicure services having not more than one operator;

(e) Real estate or insurance services;

(f) Photography studio devoted to the photography of individuals or small groups; and

(g) Artists, composers and authors.

(3) Specific examples of home occupations prohibited. HOME OCCUPATIONS shall not in any event be deemed to include:

(a) Automobile, truck or vehicle repair;

(b) Rental business;

(d) Eating or drinking establishments;

(e) Tourist homes;

(f) Veterinarian services and animal hospitals;

(g) Mortuaries and embalming establishments;

(h) Private clubs, including fraternity and sorority houses; and

(i) Open storage of construction materials or contractors equipment.

PRIVATE GARAGE. An accessory building housing not more than four vehicles owned and used by occupants of the main building. Where more than four vehicles are housed or where the vehicles are used by persons other than occupants, the building is a storage garage requiring at least Ml zoning. A storage garage is not an accessory building.

SOLAR PHOTOVOLTAIC POWER SYSTEM. A solar photovoltaic power system is an example of power production equipment. POWER PRODUCTION EQUIPMENT is defined as the generating source, and all distribution equipment associated with it, that generates electricity from a source other than a utility supplied service.

(1980 Code, § 29.701) (Ord. 9104, passed 4-2-2007; Ord. 9423, passed 8-16-2021) Penalty, see § 162.999

§ 162.111 PERMITTED ACCESSORY USES.

The following accessory uses are permitted.

(A) In the RU1, RE1, R1A, R1B, R1C and R2 Districts:

(1) Private garages;

(2) Home occupations in accordance with the provisions of this section;

(3) Radio or television antennae, satellite discs, dishes and other reception equipment of a type commonly used by individual consumers for household use, provided the equipment is not located in any required front yard or nearer than five feet of a side or rear property line; the equipment is not of a height, design or location which could fall or collapse within five feet of the property lines of adjoining zoning lots if it fell or collapsed at its full or extended height; the equipment is securely anchored; and the equipment does not otherwise constitute a hazard;

(4) Vegetable and flower gardens;

(5) Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces and similar uses customarily accessory to residential uses; and

(6) Solar photovoltaic power system (including, but not limited to, roof-mount system and ground-mount system)

(B) In the R3, NR1 and NR2 Districts, there may also be storage garages, parking lots for use solely of occupants of the premises, and solar photovoltaic power system (including, but not limited to, roof-mount system and ground-mount system).

(a) Parking lots;

(b) A use not to exceed 15% of the floor area for incidental inside storage; provided that outside or open storage may not be an accessory use;

(d) Solar photovoltaic power system (including, but not limited to, roof-mount system and ground-mount system).

(2) In the C1B, C2 and C3 Districts, there may be any accessory use permitted in a higher district (i.e., C1A and residential districts) and additionally the following:

(a) Parking lots;

(b) A use of not to exceed 40% of the floor area for incidental inside storage or light industrial activity; provided that outside or open storage may not be an accessory use.

(D) In the M1 District, there may be any accessory use.

(E) In the M2 and M3 Districts, there may be any accessory use including living quarters of watchpersons and caretakers employed by an industry occupying the premises.

(F) Temporary buildings, including trailers, for construction purposes are permitted in any district as accessory buildings during the course of actual construction as permitted by the Building Inspector.

(G) Accessory buildings may not be used for dwelling purposes.

(1980 Code, § 29.702) (Ord. 9423, passed 8-16-2021) Penalty, see § 162.999

§ 162.112 ACCESSORY BUILDING REQUIREMENTS.

(A) (1) An accessory building(s) shall not occupy more than 15% of a rear yard in the following zoning districts: RE1, RS, R1A, R1B, R1C, R2, R3, NR1 and NR2. The maximum area of a single accessory building shall be 1,200 square feet in the listed zoning districts unless the lot area of a parcel in a zoning district listed in the chart below exceeds the minimum lot area established in § 162.075, not to exceed 2,000 square feet based on lot area:

Zone	Minimum Lot Area	Additional square footage allowed for accessory building
R1A	10,000 square feet	400 square feet for each additional 10,000 square feet of lot area
R1B	8,000 square feet	400 square feet for each additional 8,000 square feet of lot area
R1C	6,000 square feet	400 square feet for each additional 6,000 square feet of lot area
R2	6,000 square feet	400 square feet for each additional 6,000 square feet of lot area
R3	5,000 square feet	400 square feet for each additional 5,000 square feet of lot area

(2) In the RUI District, accessory buildings shall have a maximum area of 2,500 square feet on properties with a lot area of less than five acres, a maximum area of 3,600 square feet on properties with a lot area between five acres and ten acres, and a maximum area of 5,000 square feet on properties with a lot area of greater than ten acres.

(B) Any accessory building closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.

(C) If an accessory building is more than ten feet from the main building on a lot, the accessory building may be built in a rear yard, provided the accessory building shall not be located nearer than two feet to any side or rear lot or nearer than five feet to any alley or similar right-of-way easement abutting the rear or side of the lot. This shall not be construed as requiring a side yard greater than would otherwise be required. An accessory building located under this provision must be at least 60 feet from the actual front street curb line or, if no curb, where the same would be located as determined by the Director of Utilities and Engineering.

(D) Where a garage is entered from an alley, it must be kept ten feet from the alley line or sixteen and one-half feet from the centerline of the alley, whichever is more.

(E) On corner lots, the minimum buildable width of 28 feet (see § 162.062(B)) for main building is reduced to 22 feet for accessory buildings.

(F) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes; provided, however, that the provisions of this division shall not apply during any period or periods during which the City Council, by resolution, shall declare that a housing emergency exist.

(G) Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental feature projecting not to exceed 12 inches.

(H) An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.

(I) (1) Heating and air conditioning units shall not be placed in the required front yard. Heating and air conditioning units may be permitted in side yards, provided:

(a) A three foot clear area is provided between the unit and the property line to permit emergency personnel to pass safely without obstruction;

(b) Where a commercial use abuts a residential use, heating and air conditioning units shall only be permitted in the rear yard or the roof;

(c) Existing heating and air conditioning units which do not conform with the above provisions may continue to operate as nonconforming uses. A nonconforming heating and air conditioning unit may be replaced with a unit equal to or smaller in physical size and quieter; and

(d) Variation from the provisions of this division may be authorized by application to the Inspection Office. Upon review of the application by the Building Official and Fire Chief and determination that an exceptional or unusual physical arrangement of a home on a lot exists which would prevent the location of a heating and air conditioning unit in another yard area and public health and safety will not be compromised by the proposed location, a variation may be granted. A denial by the Building Official and Fire Chief is subject to appeal to the Zoning Board of Appeals.

(2) The above provisions do not apply to window air conditioning units.

(J) Temporary vendor buildings or tents are required to obtain a building permit, which is valid for a six-month period between March 15 and December 31. Temporary vendor buildings shall be immediately removed from the property when not in use or on or before December 31. Adequate off- street parking shall be provided and the building shall not reduce the required off-street parking of the permanent enterprise. Restrooms are required to be available to the public and be located within 300 feet of the temporary vendor building.

(K) On corner lots in R districts with widths of 60 feet or less, accessory buildings may be built no closer than ten feet to the side street right-of-way.

(L) The parking of not more than one unoccupied recreational vehicle in the rear yard or side yard only is hereby permitted; provided that, no recreational vehicle shall be used or occupied for any residential, commercial or industrial use, except as specifically permitted by this chapter; and provided further that, the parking of a recreational vehicle, if parked in the side or rear yard, shall comply with the yard requirements for accessory buildings of the district in which it is located.

(1980 Code, § 29.704) (Ord. 8898, passed 1-29-2001; Ord. 9104, passed 4-2-2007; Ord. 9240, passed 7-29-2013; Ord. 9339, passed 7-16-2018; Ord. 9400, passed 3-16-2020; Ord. 9511, passed 1-7-2025) Penalty, see § 162.999

§ 162.113 FENCES.

Except for fences and screens located on a farm, as defined in § 162.001, and security fences in any industrial district, fences or screens shall be constructed and maintained only under the following conditions.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BERM. A strip of elevated ground.

FINISHED ELEVATION. Land elevation determined by the average elevation within 15 feet of either side of a fence.

(B) Fences and screens four feet in height or less may be located on any part of a lot, except fences in the front yards must be set back from the right-of-way or property line, whichever is farther from the street, five feet and no fence more than three feet in height may be located within 30 feet of the intersection of two public streets;

(C) Fences and screens six feet in height or less may be located in a side or a rear yard, as defined by §§ 162.060 through 162.063;

(D) Where a rear yard or side yard abuts or joins the front yard of a lot, no fence higher than four feet shall be located along the adjoining or abutting front yard;

(E) Fence height shall be determined by the panel height of the fence, excluding fence posts;

(F) The average distance between the base of the fence panels and the finished elevation shall not exceed six inches;

(G) On corner lots, no fence shall exceed four feet in height on the street side yard or rear yard, as defined in §§ 162.060 through 162.063; except that corner lots with street side yards with less than 60 feet of frontage may have fence, wall and screen heights six feet or less if set back from the side street right-of-way at least ten feet;

(H) The following rules shall apply to fences or screens on berms:

(1) A maximum height of six feet shall be allowed for fences which are located on berms 30 inches or less in height from the finished elevation;

(2) The combined height of a berm and fence or screen from the finished elevation shall not exceed eight and one-half feet when the fence or screen is located on an artificial berm greater than 30 inches in height from the finished elevation;

(3) Berms shall be constructed of earthen materials with a maximum slope of three to one; and

(4) Grass or other ground cover shall be used to prevent erosion of the berm.

(I) The height of all fences or screens shall be measured from the finished elevation.

Figure 6 - Fences

(J) Fences shall be constructed of materials customarily used and manufactured as common fence materials. Materials such as broken boards or discarded materials, wire mesh, tin, tarps and other similar coverings secured to posts are not common fence materials and are therefore not permitted.

(K) Electric charged fences, barbed wire, spikes or any similar devices are not permitted.

(L) The International Property Maintenance Code shall regulate fence maintenance and proper fence construction standards, which include but are not limited to materials and installation.

(M) Obstruction of ingress/egress of a dwelling. No fence shall be installed in any yard that will shield any window opening in a habitable space of a dwelling. A minimum distance of three feet shall be maintained between any fence and any such window or opening in a dwelling.

(1980 Code, § 29.705) (Ord. 9013, passed 5-3-2004; Ord. 9114, passed 11-26-2007; Ord. 9240, passed 7-29-2013; Ord. 9307, passed 5-15-2017; Ord. 9339, passed 7-16-2018)

§ 162.114 SWIMMING POOLS.

Swimming pools more than 24 inches deep, or having a surface area of more than 250 square feet, shall be located in accordance with the following rules:

(A) Pools shall be located in rear yards;

(B) Pools shall be located at least five feet from any side or rear yard lot line or no nearer than five feet to any alley or similar right-of-way easement abutting the rear or adjoining the side of the lot;

(D) Pools shall comply with §§ 51.060 through 51.069.

(Ord. 9240, passed 7-29-2013)

§ 162.115 SOLAR PHOTOVOLTAIC POWER SYSTEMS.

(A) The intent of this section is to allow for the installation of a solar photovoltaic power system that will generate enough electricity to power any structure(s) on the lot on which the system is installed.

(B) A solar photovoltaic power system(s) installed in the RE1, R1A, R1B, R1C, R2, R3, NR1, and NR2 zoning districts:

(1) Shall not occupy more than 15% percent of a rear yard area;

(2) Shall not exceed more than 1,000 square feet; and

(3) Shall require the submission of site design including, but not limited to, electrical schematics and location of the solar photovoltaic power system.

(1) Shall not occupy more than 30% percent of a rear yard area;

(2) Shall not exceed more than 2,000 square feet; and

(3) Shall require the submission of site design including, but not limited to, electrical schematics and location of the solar photovoltaic power system.

(D) A solar photovoltaic power system installed in a commercial zoning district:

(1) Shall maintain general yard requirements when adjacent to a residential district as described in § 162.062(E); and

(2) Shall require the submission of site design including, but not limited to, electrical schematics and location of the solar photovoltaic power system.

(E) A solar photovoltaic power system installed in a downtown zoning district:

(1) Shall maintain general yard requirements when adjacent to a residential district as described in § 162.026(A)(6); and

(2) Shall require the submission of site design including, but not limited to, electrical schematics and location of the solar photovoltaic power system.

(F) A solar photovoltaic power system installed in a industrial zoning district;

(1) Shall maintain general yard requirements when adjacent to a residential district as described in § 162.062(F); and

(2) Shall require the submission of site design including, but not limited to, electrical schematics and location of the solar photovoltaic power system.

(G) A solar photovoltaic power system shall not be located in a front yard.

(H) A solar photovoltaic power system shall be located out of plain sight from a public right-of-way, if possible.

(I) Any solar photovoltaic power system installed closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.

(J) If a solar photovoltaic power system is installed more than ten feet from the main building on a lot, the solar photovoltaic power system may be built in a rear yard, provided it shall not be located nearer than two feet to any side or rear lot or nearer than five feet to any alley or similar right-of-way easement abutting the rear or side of the lot. This shall not be construed as requiring a side yard greater than would otherwise be required. A solar photovoltaic power system located under this provision must be at least 60 feet from the actual front street curb line or, if no curb, where the same would be located as determined by the Director of Utilities and Engineering.

(K) No solar photovoltaic power system shall be constructed upon a lot until the construction of the main building has been actually commenced.

(L) On corner lots in residentially-zoned districts with widths of 60 feet or less, solar photovoltaic power systems may be built no closer than ten feet to the side street right-of-way.

(M) If a solar photovoltaic power system is installed on the roof of a dwelling or accessory building, the installation must adhere to the most recent International Fire Code as adopted by the City of Quincy.

(N) The installation of a solar photovoltaic power system shall be completed by the homeowner or by a registered electrical contractor.

(O) The installation of a solar photovoltaic power system on a roof shall require the submission of a letter from a structural engineer that states the location of the solar photovoltaic power system can handle the weight of the system and associated weather risks including, but not limited to wind and rain.

(P) A certificate of appropriateness (as defined in § 162.182) shall be required prior to the installation of a solar photovoltaic power system on a landmark (as defined in § 162.182) lot or within a local Historic District (as defined in § 162.182). The requirements for the issuance of a certificate of appropriateness are included in § 162.190.

(Ord. 9423, passed 8-16-2021)