Tontitown City Zoning Code
ACCESSORY USES
§ 153.140 GENERAL DESCRIPTION.
An accessory building is a subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is one that is customarily incidental, appropriate and subordinate to the principal use of land and buildings, and located upon the same lot therewith. Subject to limitations herein, accessory buildings and uses are permitted in all zones.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.141 LOCATION REQUIREMENTS AND STANDARDS.
(A) An accessory building shall not be located within a required street (front or street side) setback; shall be subject to all setback standards of the underlying zoning district; shall not be located within any public easement or over any known utilities or septic system lines. Accessory buildings, in all zones, shall not exceed the gross floor area of the principal use or as noted below, as long as the zoning district listed meets minimum lot size. Unless otherwise provided herein, and provided site visibility is not obstructed, signs, fences and walls shall be allowed within setbacks.
A. | N/A |
RE | N/A |
R-1 | 100% |
R-2 | 100% |
R-3 | 67% |
R-3L | 67% |
R-4 | 67% |
R-MF-16 | 67% |
R-MH | 67% |
**Note** If the primary use is residential, and it is located in a commercial or industrial zoning district, the setback requirements would following the zoning district in which located.
(B) An accessory building attached to a main building shall be made structurally a part and have a common wall with the main building, and shall comply in all respects with the requirements applicable to the principal building. Provided detached, open-sided carports may be located in the side yard, no closer to the front lot line than the front building line of the principal building, and provided required side setbacks are met. Unless attached to the principal structure, accessory buildings shall be located at least ten feet from any other structure or as provided in the building code whichever is more restrictive.
(C) With regard to height limitations, accessory structures in residential districts shall not exceed the height of the primary structure, measured from the eave; and in commercial and industrial districts, such structures shall not exceed 25 feet in height or the height of the principal structure on the lot.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2017-12-668, passed 12-5-17; Am. Ord. 2021-03-924, passed 3-2-21)
§ 153.142 RESIDENTIAL ACCESSORY USES.
(A) Residential accessory uses shall include the following accessory uses, activities, facilities, and structures: fences and walls; garages, carports, and off-street parking and loading areas; gardens; gates and guard houses; home occupations (subject to limitations and requirements of division (C) below); playhouses, patios, cabanas, porches, gazebos and household storage buildings; radio and television receiving antennas; recreational and play facilities for residents; storm and fallout shelters; and other necessary and customary uses determined to be appropriate, incidental, and subordinate to the principal use on the lot.
(B) Home occupations permitted.
(1) The home office or business is clearly secondary to the use of the dwelling as a residence and does not change the residential character or appearance of the dwelling or lot in any visible manner.
(2) The work done in the home office or business creates no objectionable odor, noticeable vibration, or offensive noise that increases a level of ambient sound at the property lines.
(3) The home office or business does not involve the external display of goods or services, and does not cause unsightly conditions or waste visible from off the property.
(4) The home office or business does not cause interference with any type of communication signal reception in the vicinity.
(5) Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.
(6) The home office or business sells no articles on the premises that are not produced on the premises.
(7) The home office or business occupies no more than 10% of the total floor area of the residence.
(8) There shall be no external alteration of the dwelling, nor storage of supplies or equipment outside.
(9) Not more than one truck of not more than one and one-half ton capacity and no semi-trailers, incidental to the home occupation, shall be kept on the premises, except as allowed by conditional use.
(10) Customers may visit the site only during the hours of 8 a.m. to 8 p.m., and no more than six customers or clients may visit the site in any single day.
(11) Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted in a required setback, other than in a driveway. In no event shall yard areas be converted to off-street parking to serve a home occupation.
(C) Home occupations prohibited. Prohibited home occupations include, but are not limited to the following:
(1) Barber and beauty shops with more than one chair, and requiring any upgrade in electric service.
(2) Dispatch centers, where workers come to the site to be dispatched to other locations.
(3) Commercial stables, kennels, and animal boarding and care facilities.
(4) Assembly or repair of large appliances.
(5) Repair or assembly of vehicles or equipment with internal combustion engines, or any other work related to motor vehicles and their parts.
(D) Garage sales. Garage sales, also commonly called rummage or yard sales, are permitted as accessory uses provided they meet the following requirements:
(1) Each such sale shall be permitted by a approved garage sale application.
(2) Each property address and/or person shall be limited to no more than four such sales per year.
(3) Sales shall not last longer than three consecutive days.
(4) Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one of the participants.
(5) Directional and advertising signs, not larger than nine square feet, shall be free standing; that is, they shall not be placed on traffic or official signs, utility poles or trees, and shall be removed promptly after completion of the sale.
(Ord. 2017-05-635, passed 5-2-17; Ord. 2017-12-669, passed 12-5-17)
§ 153.143 NONRESIDENTIAL ACCESSORY USES.
Nonresidential accessory uses are allowed only in association with permitted, nonresidential principal uses and shall include, but not be limited to, the accessory uses, activities, facilities, and structures enumerated below. Such uses shall not be allowed if such would cause or increase parking nonconformity for the principal use. Such use may also necessitate additional required parking because of its own nature or character. Accessory uses shall not occupy required parking areas, or off-street parking areas (spaces or isles) approved as part of a site plan. Nonresidential accessory uses include:
(A) Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use.
(B) Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel.
(C) Guard houses, gates, fences and walls.
(D) Offices for allowed business and industrial uses when the office is located on the same site as the principal use.
(E) Parking garages, and off-street parking and loading facilities.
(F) Radio and television receiving antennas.
(G) Restaurants, newsstands, gift shops, swimming pools, tennis courts, workout rooms, club and lounges when in a permitted hotel, motel or office building.
(H) Sale of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use.
(I) The storage of merchandise when located within the same building as the principal business.
(J) On-premise commercial, bulletin, nameplate, and real estate signs, provided such are non-flashing.
(K) Other necessary and customary uses determined to be appropriate, incidental and subordinate to the principal use on the lot.
(Ord. 2017-05-635, passed 5-2-17)