Richmond City Zoning Code
ARTICLE IV
Accessory Uses
Section 405.190 General.
[Ord. No. 2470, 11-13-2018]
The table of permitted uses enumerates certain uses of land or buildings which are permitted only as accessory uses in certain districts. Other accessory uses and buildings, as generally defined in this Article, are also permitted in any district subject to the conditions and limitations in Section 405.200 except as otherwise specified herein.
Section 405.200 General Limitations Upon Accessory Uses.
[Ord. No. 2470, 11-13-2018]
A.
An accessory use shall be located upon the same lot with a principal use, otherwise set forth.
B.
An accessory use shall be subordinate to the principal use and shall be a use or activity which is customarily incidental to the principal use.
C.
An accessory use shall not materially or substantially change or alter the character or activity of the principal use it serves.
D.
For all residential districts, the following uses may be allowed as accessory to the principal residential use:
1.
Home occupation and home office shall be licensed in accordance with Chapter 605 of the City Code and be in accordance with the following provisions:
a.
It shall be clearly secondary to the residential use of the structure;
b.
One (1) person, in addition to those who are permanent residents of the dwelling, may be employed on site;
c.
Business shall be conducted only within an enclosed living area of the dwelling and shall not be permitted out-of-doors or in any accessory structure;
d.
There shall be no storage of equipment, merchandise, supplies, or packaging waste associated with the home occupation outside of the dwelling or garage;
e.
There shall be no change in the residential appearance of the dwelling or premises or any visible evidence of the conduction of a home occupation, with the exception of a single, non-illuminated wall sign not exceeding one (1) square foot in area. Vehicle signage is limited to one (1) vehicle at any given time;
f.
The use of commercial vehicles in conjunction with a home occupation is strictly limited to one (1) vehicle not to exceed twelve thousand (12,000) pounds in gross vehicle weight and twenty-two (22) feet in length, owned by a resident of the dwelling, which must be parked in a garage or residential driveway on site;
g.
No mechanical equipment shall be utilized, except that which is customarily used for household or leisure purposes (examples of prohibited equipment include commercial kitchens, examination or treatment rooms, kilns in excess of six (6) cubic feet, paint booths, high voltage wiring, oversized plumbing, etc.);
h.
The conduct of any home occupation or office shall not reduce the number of parking spaces below what is required by ordinance;
i.
Customers, students, or clients shall be limited to ten (10) per day, and not more than four (4) at the same time;
j.
In no case shall a home occupation be open to customers, clients or students at a time earlier than 8:00 A.M. or later than 8:00 P.M.;
k.
The use or storage of highly flammable, combustible or explosive material is prohibited;
l.
No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable outside the structure; and
m.
Accumulation of inventories for public sale on premises and/or sale of any merchandise or products on display within or outside the residence are prohibited, provided that orders placed by private clients or at a sales party may be filled on premises.
2.
Babysitting for four (4) or fewer children unrelated to the babysitter.
3.
Home parties for the purpose of selling merchandise or taking orders are permitted by private invitation only, shall not exceed twenty-five (25) guests, and shall not be held more than four (4) times per year.
4.
Short term sales of used household and garden items commonly referred to as "garage sales," "basement sales," "yard sales," or "rummage sales," may be held, in accordance with the following provisions:
5.
A hobby by the occupant for personal enjoyment and recreation, provided that articles produced or constructed are not sold. These hobbies may include uses such as gardens, customary pets, television and radio antenna not exceeding sixty (60) feet in height, signs as permitted by ordinance, parking areas, tool sheds as provided for under this Article, play equipment, and other similar uses.
6.
The keeping of livestock in accordance with the following provisions:
a.
For lots which are at least thirty thousand (30,000) square feet zoned "R-A" Agriculture, the keeping of livestock is allowed in accordance with the following provisions:
(1)
There shall be a minimum of thirty thousand (30,000) square feet of lot area for one (1) horse or cow, or four (4) goats or sheep, or ten (10) fowl or rabbits kept.
(2)
There shall be an additional minimum of twenty thousand (20,000) square feet of lot area for every additional one (1) horse or cow, four (4) goats or sheep, or ten (10) fowl or rabbits kept.
(3)
A structure for the shelter or feeding of livestock shall not be located in the front yard and shall be located at least one hundred (100) feet from any lot line and at least three hundred (300) feet from a dwelling other than the dwelling owned and resided in by the owner of the lot on which the structure or shelter is located.
(4)
All feed and other items associated with the keeping of livestock shall be kept clean and sanitary at all times and be protected so as to prevent the infestation of rats, mice, or other rodents.
b.
For single-family residential lots smaller than thirty thousand (30,000) square feet in area, or larger lots which cannot satisfy the setbacks outlined above, up to three (3) female chickens (hens) may be kept in accordance with the following provisions:
(1)
All hens must have access to a covered enclosure (or coop) that allows for the housing of the hens. In addition, all coops must have direct access to an enclosed run area. All coops and runs shall be located in the rear yard and be designed in a manner to minimize their visual impact. All coops and runs shall be at least ten (10) feet from any property line and at least thirty (30) feet from any residential structure not owned by the permittee.
(2)
The keeping of roosters and guinea hens, or any fowl other than female chickens, is prohibited.
(3)
At all times, hens shall either be kept in a coop or a run as defined above.
(4)
All feed and other items associated with the keeping of hens shall be kept clean and sanitary at all times and be protected so as to prevent the infestation of rats, mice, or other rodents.
(5)
The hens are not raised for the purpose of slaughtering.
(6)
Private restrictions on the use of property shall remain enforceable and may prohibit the keeping of hens as provided herein. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
(7)
If the requirements of this Section are not fully complied with, the City initiates prosecution for a civil infraction violation.
7.
The planting, cultivating and harvesting of crops (excluding private gardens, and or flower beds/trellises) shall occur at least one hundred (100) feet from any residential building, other than that owned and resided in by owner of the lot on which the planting, cultivating and harvesting shall take place.
8.
The erecting, placing, of any structure or the planting, and cultivation of vegetation within eight (8) feet of the streets edge or curb is limited to a maximum height of two (2) feet so as to not materially impede vision.
9.
Composting Of Yard Waste.
a.
All private compost piles, shall be maintained using approved composting procedures to comply with the following requirements:
(1)
All compost piles shall be enclosed in a freestanding compost bin. Compost bins shall be no larger in volume than nine (9) square feet and only one (1) such bin is permitted for properties that are eight thousand (8,000) square feet or less in lot size, properties whose lot size exceeds eight thousand (8,000) square feet may have an additional bin per ten thousand (10,000) square feet with a maximum of four (4) bins allowed. Compost bins shall be no taller than five (5) feet.
(2)
All compost piles shall be maintained so as to prevent the harborage of rodents and pests.
(3)
All compost piles shall be maintained so as to prevent unpleasant, rotten-egg-like, putrefactive, sweet, sour or pungent odors.
(4)
No compost pile shall be located less than three (3) feet from the rear or side property line, or within twenty (20) feet of any home, patio, pool, or similar structure on the adjacent property. All compost piles shall be at least three (3) feet behind the front building setback line.
(5)
No compost pile shall be located where it will impede the natural free flow of storm water drainage.
10.
Temporary real estate sales office, including model units, may be located on a property for sale limited to the period of sale.
E.
Accessory Structures, In General. A structure shall be considered accessory if it is secondary in size, scale, and use to the primary structure on a lot. All accessory structures shall be located within a side or rear yard and shall not exceed the size of the primary structure. Seasonal accessory structures shall be safely secured from the general public until such time of use.
F.
Fences, provided they are constructed of chain link, wood, wrought iron, masonry, decorative wire, composite or synthetic materials appropriate to the general character of the neighborhood, in accordance with the following provisions:
1.
In residential districts, fences may be permitted in accordance with the following:
a.
Front yard: Fence may not exceed four (4) feet in height and shall be uniformly open to an extent equal to but not less than fifty percent (50%) of its surface area. Side and rear yard street side elevations: a fence adjacent to any public street shall be no greater than four (4) feet in height and must also be uniformly open or perforated;
b.
Side and rear yard: Maximum height is six (6) feet; and
c.
No fence shall impede vision of traffic on adjacent streets, alleys, and drives.
2.
Fences using electrified wire, barbed wire, or razor wire are not allowed for use on residential property.
3.
In commercial and industrial districts, fences shall be allowed in the rear and side yard only and no fence shall be more than eight (8) feet in height.
4.
In agricultural districts "R-A" there shall be no limitation on height of fences used for agricultural purposes.
G.
Accessory Structures, Residential Districts. Two (2) detached accessory structures shall be allowed in the rear or side yard at least seven and one half (7 1/2) feet from the side lot line and ten (10) feet from the rear lot line and at least ten (10) feet from any other structure maximum height of twelve (12) feet. Lots zoned "RA," Agricultural District, shall not be subject to this provision. Except as allowed in Section 405.050.
1.
Residential swimming pools and landscape features with water greater than two (2) feet in depth shall be allowed in the rear or side yard at least five (5) feet from the property line and at least twenty (20) feet from the primary structure on any adjoining lot, in accordance with the following provisions:
a.
Permanent in-ground, above-ground and on-ground pools, spas, hot tubs and other water features must be enclosed and separated from adjoining properties by a four-foot high fence with a secured gate; and
b.
Portable pools and temporary water features greater than two (2) feet in depth, including inflatable pools, shall be securely covered or drained when not in use.
2.
A recreational court/play area shall respect the setbacks established for all residential accessory structures and shall be safely situated not less than five (5) feet from any rear or side lot line. Any lighting shall be designed to eliminate visibility beyond the property.
3.
Recreational Vehicles.
a.
Must be parked upon a permanent surface, and not impede motorist or pedestrian Line of Site.
b.
Cannot be used as either a temporary or permanent residence.
c.
One (1) or more trailers, or other non-residential structures, may be used as temporary office(s) on commercial construction sites provided that the trailer is removed upon completion of construction.
Section 405.210 Accessory Storage For Manufacturing Or Wholesale Use.
[Ord. No. 2470, 11-13-2018]
A.
Any manufacturing or wholesale use may also include storage as an accessory use but such uses shall be subject to the following requirements: Open storage yards and sales lots for raw materials, scrap, junk, semi-finished and new or used finished products, machinery, equipment, vehicles or any other goods or material permitted to be stored, manufactured, sold or serviced in any district shall be permitted only in the "I-1," "I-2" and "B-2" Districts and only under the conditions as set forth below:
1.
Any open storage, other than retail sales lots, shall be bordered by a solid fence or wall at least six (6) feet in height and such fence or wall shall set back from any property line a distance which is not less than the minimum distance required for any building in the district where located. Open retail sales lots shall be bordered by a solid fence or wall not less than six (6) feet in height along any property line adjacent to any "R-3," "R-2" or "R-1" District including street side where the property abutting street is zoned residential and such fence or wall shall sit back from any such property line a distance which is not less than the minimum distance required for any building in the district where located. Any illumination of an open storage or sales lot shall be by hooded lighting to conceal the direct lighting source whenever the direct lighting source is visible from any adjoining property in an "R-3," "R-2" or "R-1" District and in no case shall any lighting arrangement be directed toward or create glare upon any adjoining property located in the aforesaid districts. Prior to issuance of any permit for construction or installation, the Planning Commission must review and approve (or deny) materials and design of proposed improvements.
2.
Open storage of raw materials, scrap, junk, salvage or other substance used as a source of raw material for manufacture or processing to other products shall be permitted only in the "I-2" District.
3.
Open storage of automobiles or other material to be wrecked, scrapped, salvaged or junked shall be permitted only in the "I-2" District and shall not be stored, stacked or piled to a greater height than the bordering fence or wall.
4.
Open storage of any other material permitted to be stored in the "I-1" or "B-2" District shall not be stored, stacked or piled to a greater height than the bordering fence or wall except that this provision shall not apply to partly enclosed sheds for lumber or other material or to booms or other appendages to the principal body of construction vehicles and equipment where permitted to be stored in any district. However, where adjacent to property in any "R-3," "R-2" or "R-1" District, the bordering fence or wall shall sit back from such property lines a distance which is not less than its total height if in excess of ten (10) feet. Approval shall be the same as in Subsection (A)(1) of this Section.
5.
Open storage or sales lots permitted in the "B-2" District shall be limited only to storage or sales and no other permitted activity shall be carried on unless within an enclosed building.
6.
Any debris, smell, sound, or vibration emitted from a building shall be mitigated as to not cause a nuisance to the general public.
Section 405.220 Accessory Service Activity For Retail Or Wholesale Use.
[Ord. No. 2470, 11-13-2018]
Any wholesale or retail sales activity may also include accessory service or repair activity for goods which are sold on the premises.