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River Oaks City Zoning Code

SECTION 22

ACCESSORY USES.

A. 
AUTHORIZED ACCESSORY USES.
In addition to other uses which are customarily incidental to the principal use of the premises, the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use:
Accessory Use
District Where Permitted
1.
Accessory buildings enclosing equipment or activities in conjunction with the permitted principal uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in this Ordinance.
ALL
2.
Accessory buildings, subject to the following:
"R-1" through "R-6"
a.
A person may have a maximum number of three accessory buildings on a lot, each separated by at least ten feet;
b.
The accessory building may not exceed the as built single-story footprint floor plan in sq. feet of the principle structure on any individually platted residential lot and shall meet all other applicable zoning requirements for accessory buildings.
c.
The accessory building must be anchored in compliance with the building code;
d.
An approved site plan pursuant to Section 25 of this Zoning Ordinance is a condition for the approval of a building permit application for construction of all Accessory Buildings in any commercial, Industrial, Multifamily and Planned Zoning Districts.
3.
Antenna - Residential not more than 35 feet in height.
"R-1" through "R-6," "MF"
4.
Antennas, satellite dishes, telecommunication facilities or towers as follows:
"C-1," "C-2," "C-3," "I," "CF"
a.
It shall not exceed 35 feet in height where attached or affixed to the structure in which the principal permitted use is located.
b.
Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure), as long as the additional antenna and the combined height of the existing structure tower does not exceed 60 feet.
c.
Installation of an antenna on an existing tower of any height if:
(i)
The addition of the antenna adds no more than 20 feet to the height of the existing tower;
(ii)
The height of the antenna and structure does not exceed 60 feet; and
(iii)
No buildings or supporting equipment will be added in connection with the antenna.
5.
Carports, subject to the following requirements:
"R-1" through "R-6"
a.
The carport must be designated to shelter not more than two vehicles and shall not exceed 24 feet on its longest dimension;
b.
The carport shall be placed on a concrete surface;
c.
A carport greater than 576 square ft. is not allowed except when located in the rear of the property behind the principal structure and may not exceed the as built single-story footprint floor plan in square-feet of the principle structure on any individually platted residential lot and is otherwise not restricted to the number of vehicles designated to be sheltered by the carport and shall meet all other applicable zoning requirements;
d.
An integrally built carport (built into house) in front of the existing principle structure shall be built with gable or hip roof meeting the same pitch of the existing principle structure and be of the same construction material and design as of the principle structure unless otherwise permitted by law and shall not extend past the front building line for that particular zoning district:
Exception: When the principle structure is of a flat roof design, a carport when built in front shall match the existing roofline;
e.
A metal carport or freestanding carport may not extend past the front of the principle structure. A freestanding carport is a carport that is not built integrally to the existing structure and is not of the same construction material and design of the principle structure;
f.
Carports must meet all setback requirements for the applicable zoning district;
g.
A carport is permitted in the second front yard of a corner lot provided that the setback from the prevailing edge of the street is a minimum of fifteen (15) feet.
6.
Garage sales or yard sales, subject to compliance with applicable ordinances.
"R-1" through "R-6"
7.
Gasoline sales facilities if utilized in conjunction with another permitted use in this zoning category. A gasoline sales facility must be self-service in nature and is to include the gasoline sales activity frequently conducted as an accessory use to "drive-in" food stores. Any gasoline sales facility under this provision shall have the design and number of gasoline delivery stations or pumps be pre-approved by City's Fire Inspector.
"C-2," "C-3," "I"
8.
Home occupation uses, subject to the following conditions:
"R-1" through "R-6"
a.
No persons other than members of the family residing on the premises shall be engaged in such occupation;
b.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 250 square feet of floor area of the dwelling unit shall be used in the conduct of the home occupation;
c.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted;
d.
No home occupation shall be conducted in any accessory building;
e.
Any sales in connection with such home occupation shall be clearly secondary. There shall be no sales from the dwelling;
f.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
g.
No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
h.
The operation of beauty culture schools, beauty parlors, barber shops, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home occupation or as an accessory use; and
i.
No outdoor storage of any type shall be permitted with any home occupation.
9.
Lanais, gazebos greenhouses, garden and patio shelters, sundecks, and children's playhouses, provided the privacy enjoyed by adjacent residents are not impaired.
"R-1" through "R-6"
10.
Model and/or sample homes for the purpose of promoting sales shall be permitted, provided these structures are located on and within the same tract or subdivision of land being developed for sale.
"R-1" through "R-6"
11.
Office or administrative areas and activities supportive of the permitted principal uses.
"I"
12.
On-site storage of records or file materials which are ancillary to or a portion of the office or business activities conducted within the principal office use (an example of this activity would be the file storage and records required by a title company operation).
"C-1," "C-2," "C-3," "I," "CF"
13.
One temporary construction facility and/or one temporary sales facility by a developer not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two years and located on property being developed.
ALL
13.5.
Outdoor portable food stands (to include snow cone stands and other food vending stands) are prohibited except that during special events the business owner obtains permit approval not to exceed 5-days out of any 180-day period from City Council. Snow cone stands previously approved by the City Council shall be permitted to operate subject to City Council approval each year for a period not to exceed 180-days and they must be removed from the property at the end of the 180-day period. Any previously approved snow cone stands are not allowed to continue once there has been a change of ownership or proprietorship involving that particular snow cone stand.
"C-1," "C-2," "C-3"
14.
Outside display or retail sales, subject to the following conditions:
"C-1," "C-2," "C-3," "P-C," "CF"
a.
The business displaying the merchandise must have a valid certificate of occupancy;
b.
The merchandise (new and/or secondhand) must not [be] left outdoors when the business is closed;
Exception: With the change in ownership before a new commercial certificate of occupancy will be approved; outside storage areas where merchandise is kept even when closed and visible to the public requires that first a screening device constructed of metal, wood, vinyl, masonry or other code-approved screening type materials not less than six feet nor greater than eight feet in height shall be placed around the storage area.
c.
Total outside display must not exceed fifty (50) percent of the indoor floor area of the business; and
d.
Outside display of items for the purpose of manufacturing or assembly is not permitted.
15.
Outside RV Storage.
"C-3"
16.
Parking and storage of private boats, camper, trailers or other recreational vehicles in conformance with Section 20.
"R-1" through "R-6"
17.
Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that:
"R-1" through "R-6"
a.
If lighted, the lighting shall be so directed and shielded so not to shine directly on any adjacent residential property;
b.
Any such pool or game court is for the private use of the site occupants and their guests, and not operated as a business;
c.
All "at grade" swimming pools with a water depth greater than 18" and "above grade" swimming pools having a water depth 18" or more, except for portable tot pools, shall be enclosed by a fence and gate in accordance with the city building code or other applicable ordinances;
d.
Ornamental pools or ponds designed for decorative purposes and having a depth less than 18" are not subject to a special fencing requirement and may be located within the required front or rear yards provided that they maintain a minimum 10 feet setback from the closest property line; and
e.
All other pools may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet to any side or rear property line nor be located any closer than five feet to another structure.
18.
Public, semi-public and private parks; recreation and open space including playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian trails, nature centers, bird and wildlife sanctuaries.
ALL
19.
Required off-street parking and loading space.
ALL
19.5.
Existing accessory buildings designed for residential human occupation may be used for human occupation limited to family members as defined by this Ordinance providing, they existed prior to the adoption of the zoning ordinance and are registered as a legal nonconforming structure.
"R-1" through "R-6"
20.
Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex. This is limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, newsstands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co-located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself. Stores operating under this vision shall not be limited only to sales within the office complex but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site.
"C-1," "C-2," "C-3," "I," "CF"
21.
Signs for advertising uses on the premises.
"MF," "C-1," "C-2," "C-3," "I," "CF"
22.
Such other service activities as are clearly found to be directed at supporting the employees or business operations of the office complex. In no event shall the area allocated to retail sales exceed 15 percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted.
"C-1," "C-2," "C-3" "I," "CF"
23.
Temporary buildings including temporary carports, subject to the following conditions:
ALL
a.
To be used for construction purposes only, and upon issuance of a permit by the zoning administrator, and to be removed upon completion or abandonment of construction work or removed upon request of the zoning administrator; and
b.
Permits shall be issued for such temporary buildings for a period of six months only.
24.
Tennis courts, health clubs, and related recreation facilities provided they are for the primary use of guests, customers or person associated with the principal use.
"MF," "C-1," "C-2," "C-3," "I," "CF"
25.
Tents for the purpose of promoting retail sales for a period not exceeding 23 days. This use shall require a permit and shall be subject to the provisions of the Uniform Fire Code, Art. 32, as amended. It shall also meet the development regulations of the zoning district in which it is being placed. No more than two permits may be issued in any one-year period, with a 60 day separation between uses.
"CF," "C-1," "C-2 "C-3," "I"
26.
Temporary Uses are permitted as long as they are seasonal sales, including, but not limited to Christmas tree sales, merchandise sale, or fruits and vegetables sales related to active businesses during normal regular business hours in direct support of the business that is supported by a letter of affidavit from the business owner.
"C-1," "C-2," "C-3"
27.
Farmers Markets, Craft Fairs and Art Shows approved by Special Permit of the City Manager for a specific period and when determined to be applicable by the City Manager, shall comply with the regulations provided for in Section 19.E "Outside Special Events Permitting.
"C-1," "C-2," "C-3" "CF"
B. 
ACCESSORY BUILDINGS.
The following regulations shall govern the location and use of any accessory building:
1. 
An accessory building shall be erected no closer than five feet to a property line located in the rear or side yard.
2. 
No accessory building shall be erected within a utility easement.
3. 
No accessory building shall be erected within 10 feet of any other building, except that detached residential garages may be located not closer than five feet to the main dwelling.
4. 
No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.
5. 
An accessory building shall not exceed one story or 14 feet in height.
6. 
No accessory building shall be located forward of the principal building on the lot.
(Ordinance 1394-2023 adopted 11/28/2023)