Appendix C · Zoning Regulations

ARTICLE FOURTEEN – ACCESSORY STRUCTURES / USES

19 sections

18.1400 Purpose

A. The purpose and intent of the accessory use and accessory structure, building and use regulations is to:

(1)Maintain neighborhood integrity and preserve the existing character of the neighborhood by encouraging compatible land uses.

(2)Provide the resident of the City the opportunity to use their property to enhance or fulfill personal objectives as long as the use of the property is not incompatible with the land uses or character of the neighborhood.

(3)Establish criteria for operating home occupations in dwelling units within R-1 Districts.

(4)Assure that public and private services such as streets, sewers, water and electrical systems are not burdened by accessory uses to the extent that the accessory usage exceeds that which is normally associated with the primary use of the property.

18.1401 Building and Uses Permitted

A. The following physical items are considered accessory uses but are not limited to those stated in list and may be subject to specific standards and may only be allowed in certain zoning Districts:

(1)Barbecue grills and stoves (permanent);

(2)Communication structures;

(3)Fences, walls, and trellises;

(4)Flag poles’

(5)Garages and Carports;

(6)Gates and guardhouses;

(7)Gift shops, newsstands and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients or visitors to the principal use;

(8)Parking garages, off-street parking, and loading areas;

(9)Playhouses, tree-houses and cabanas;

(10)Patios, decks, porches, and incidental household storage buildings;

(11)Recreational and play facilities for the use of residents;

(12)Recreation areas and facilities for the use of employees;

(13)Recreational equipment and vehicles such as boats, camping trailers or motor homes;

(14)Refreshment stands and food and beverage sales located in uses involving public assembly;

(15)Satellite dish antennas;

(16)Solar energy systems;

(17)Soliciting and general fund-raising;

(18)Storage of recreational equipment and vehicles such as boats, camping trailers or motor homes;

(19)Swimming Pools bathhouses, and Hot tubs;

(20)Trash receptacles in commercial and industrial Districts; and

(21)Other necessary and customary items determined by the Planning Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Planning Department as a means of ensuring land-use compatibility.

B. The following uses are considered accessory uses but are not limited to those stated in list and may be subject to specific standards and may only be allowed in certain zoning Districts:

(1)Animals;

(2)Hobby Activities;

(3)Soliciting and general fund-raising;

(4)Other necessary and customary uses determined by the Planning Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Planning Department as a means of ensuring land-use compatibility.

C. A structure or building shall be considered an integral part of the main structure or building when it has any major physical part or a wall in common with the main structure or building, or is under an extension of the main roof and designed as an integral part of the main structure or building.

D. Structures, building or uses that would be accessory to main structures, buildings or uses under some situations may by themselves be main structures, buildings or uses in situations where they are not integral part of or incidental or insubstantial to a main use on a lot.

E. No accessory structure or use shall be constructed, occupied or commenced on any lot prior to the time of the application and approval of the building permit by the Building Inspector.

18.1402 Determination for Accessory Structures, Buildings and Uses

A. The Planning Director shall make determination of whether a proposed structure, building or use would be an appropriate accessory.

B. Such determination may be appealed to the Board of Zoning Appeals as provided in Article 23.

18.1403 Accessory Use District Requirements

A. Location of Accessory Structures

(1)Accessory buildings and structures shall be located in the rear yard, subject to the following requirements and exceptions.

(a) Accessory buildings and carports may be permitted to occupy side yards provided that they comply with the zoning district’s setback requirements and are constructed with quality materials and are architecturally compatible with the dwelling unit.

(b) The Planning Director may allow parcels larger than 1 acre to have accessory buildings and carports located in the front yard area but behind the required front and side setback lines where the principal structures within the established neighborhood generally maintain greater setbacks or other similar design diversity has been established. Such structures shall be constructed of quality materials and designed to be architecturally compatible with the dwelling unit.

(c) Accessory structures may not be used as human living quarters, unless the structure meets the provisions of a guesthouse as defined in 18-2809.

(d) Roof overhangs must adhere to setbacks.

B. Floor Area:

The total floor area of any and all accessory structures on a lot is subject to the following restrictions. For the purposes of calculating total floor areas of principal and accessory structures, the area for the principal structure and the accessory structure shall be based only on the footprint of the structure, and shall not include multiple stories or finished basement or attic spaces. A physical accessory item will be counted against the allowable accessory structure size only if it includes a roof, and is physically separated from the principal structure.

(1)In residential districts (R-1, R-2, R-3 and MRC), the following criteria shall apply:

(a) The total of all accessory buildings or structures shall not exceed the total square footage of the dwelling unit.

(b) The maximum square footage of all accessory structures on a single parcel, or multiple parcels under common ownership, shall be as follows:

Parcel(s) Square Footage			Maximum Accessory Structure Size (square feet)
0	to	6,000	375
6,001	to	8,700	525
8,701	to	13,000	750
13,001	to	16,000	1,000
16,001	to	20,000	1,250
20,001	to	25,000	1,500
25,001	to	30,000	1,750
30,001	to	40,000	1,850
40,001	to	43,560	2,000
43,561	to	87,122	2,250
Over 87,122			2,500

(2)In non-residential districts (C-1, C-2, I-1, I-2, I-3), the total of all the maximum lot coverage (Principal structure + Accessory structure) shall not exceed a total land area of 75 percent of the lot and the accessory structures may not exceed 10% of the gross floor area of all structures on the lot.

C. Setbacks

(1)The side yard setback shall be a minimum of 7 feet and/or no closer than 7 feet to a principal structure.

(2)The rear yard setback shall be a minimum of 10 feet.

(3)No accessory structure shall be erected in any required or established front yard.

D. Height

(1)The height of the building shall not be greater than 20 feet (measured from the ground to the highest roof peak).

E. Appearance

(1)Accessory structures and buildings shall be constructed of quality materials and shall be compatible in character with the dwelling unit.

(Ordinance 782: 8/29/06)

18.1404 Animals

It is unlawful for any person to own, keep or harbor any livestock, domestic animals, exotic animals, or large animals in any area of the city that is zoned for residential use except as provided herein:

A. One horse, pony, cow, steer or bull shall be permitted for every two acres or more on residentially zoned parcels within the city provided that the land is at least three acres in total size.

B. Compliance with Wellsville City Code, Chapter 6 shall be required.

C. No stable, working lot, or corral shall be located within 100 feet of the front lot line or within 50 feet of any side lot line or 50 feet of the rear yard line.

D. It is unlawful for any person to house more than four dogs or four cats or combination of dogs and cats on any real property located within the city limits.

E. It is lawful for any person to own, keep or harbor within the city limits any exotic animals commonly sold in pet stores and which can be wholly contained in a household aquarium or terrarium such as laboratory rodents, common cage birds, captive bred species of ferrets, insects, and aquatic animals and reptiles or amphibians.

F. One Fowl, as defined herein, is allowed on any residential lot in the city for every 1,000 square feet of green space on said lot, up to a maximum of 25 fowl. Only one rooster may be kept on any residential lot within the City. For the purpose of this section, greenspace shall be defined as the total square footage of the lot, minus the square footage of any permanent structures on the lot, minus any paved surfaces on the lot.

G. Fowl must be kept in a confined area and not allowed to range freely off of property. Such space must be contained to the rear yard. No fowl may be kept inside a residence. Enclosures for the keeping of fowl shall meet the fencing requirements of Section 18.513. Setbacks shall meet Section 18.1403.

18.1405 Fences and Walls: Permit Required

A. Information pertaining to fence requirements is located in 18-1806 and 18-513

18.1406 Recreational equipment and vehicles on lots less than 1 acre

A. Storage of major recreational equipment and vehicles such as boats, campers, trailers or motor homes shall be allowed provided that they are not utilized for living purposes.

B. Storage shall only be allowed on side or rear yard and be in compliance with the setbacks as listed in 18-1403. C

18.1407 Retaining Walls

A. Retaining walls of 4 feet or less in height are permitted when they are reasonably necessary due to the topography of the site.

B. The wall shall be located at least 2 feet from any street, right-of-way and shall not extend more than 6 inches above the ground level of any land to be retained.

18.1408 Easements

A. Fences or walls constructed within the City or private easements may be removed to allow access to utilities.

B. The property owner shall be responsible for the reconstruction and replacement of any fence or walls removed.

18.1409 Drainage

A. All fences and walls shall be constructed to allow for proper surface drainage.

B. Retaining walls shall be designed to support lateral loads and to ensure proper surface drainage.

18.1410 Fuel or Petroleum Storage

Storage outside above or below ground level of petroleum products for fueling vehicles related to the operation of the principal use shall only be allowed in commercial and industrial zoning districts.

18.1411 Hobby Activities

Hobby activities shall be permitted as an accessory residential use by the occupant of the premises when conducted purely for personal enjoyment, amusement or recreation and when the activity does not conflict with any City Ordinance.

18.1412 Home Occupations

A. Home occupation is considered an accessory use and the standards are intended to:

(1)Permit the establishment of certain incidental and accessory home occupation uses in residential neighborhoods zoned R-1 under condition that will ensure their compatibility with the residential character of the neighborhood;

(2)Permit resident to engage in home occupations that are compatible with the residential land uses; and

(3)Ensure that home occupation do not adversely affect the integrity of residential areas.

18.1413 Home Occupations: Use Limitation

A. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1)Employees: No more than 1 other person in addition to members of the family residing on the premises shall be engaged in the home occupation at the place of residence.

(2)Size: A home occupation shall be clearly incidental and subordinate to the residential use of the dwelling unit.

(a) No more than 25 percent of the total floor area of the dwelling, not including basement space, shall be used for the home occupation.

(b) In no event shall more than 600 square feet be devoted to a home occupation.

(3)Appearance: There shall be no change in the exterior appearance of the dwelling unit or other visible evidence of the conduct of the home occupation except signs that meet requirements of Article 19.

(4)Accessory Buildings: Home occupations within accessory buildings shall be restricted to those occupation types that customarily take place within the living portions of the principal structure or home. Such uses include, but are not limited to the following:

• Professional offices including architect, engineer, planner, lawyer, accountant, bookkeeper, and similar professions

• Barber and beauty shops, day care homes and nurseries

• Laundering or pressing

• Home crafts and hobbies

• Teaching or tutoring

• Tailoring / seamstress

• Computer or electronic equipment repair or consulting

• Clergyman

• Counselor

• Photographic studios, offices for Realtors, insurance agents, brokers, sales representatives, and manufacturing representatives

• Artists

• Cosmetologist

Accessory buildings may not be used for those home occupations which are typically carried out in the garage or other non-living portions of the principal structure. Such uses include, but are not limited to the following:

• Small appliance repair services

• Retail sales of second-hand merchandise, except occasional or seasonal yard or garage sales not to exceed two such sales per calendar year.

• Equipment rental

• Small motor repair

• Commercial repair of automobiles, appliances, equipment or other similar items

For proposed uses not listed above, the Building Inspector, or his designee, shall determine the appropriateness of the use for any accessory structure. This determination may be appealed to the Board of Zoning Appeals, in accordance with Article 23 of these regulations. The storage of materials and goods in connection with a home occupation shall be allowed within any accessory structure.

(5)Hours of Operation: A home occupation may attract business related vehicular and pedestrian visits only between the hours of 7:00 AM and 10:00 PM.

(6)Traffic: A home occupation shall not generate more than 10 round-trip vehicular trips per day.

(Ordinance 810: 9/22/08)

18.1414 Outdoor Retail Display in Commercial Zoning Districts

A. Retail businesses shall be allowed to maintain outdoor retail displays of seasonal uses, such as firewood, bedding plants, and Christmas trees, landscape plants and other seasonal goods.

B. This provision shall not be deemed to allow the outdoor retail display of the following types of seasonal material:

(1)Mulch;

(2)Chip;

(3)Rocks;

(4)Fertilizer;

(5)Potting soil and pots; and

(6)Pesticides and other such like products.

C. No outdoor retail display permitted by this subsection shall interfere with pedestrian or vehicular access or parking.

D. Each business shall be limited to 2 outdoor vending machines, such as ice machines, soft drink dispensers and children’s rides. The provision shall not apply to newspaper vending machines.

18.1415 Communication Towers

A. Radio and television antennas are considered communication towers.

B. Communication towers are permitted, but shall meet the requirements of Article 20.

18.1416 Solar Energy and Wind Systems

A. The provisions of this subsection shall apply to the design, construction, installation, alteration, materials, location, repair, and removal of solar systems and accessories connected attached or adjacent to a building or structure.

B. Solar energy systems, whether active or passive, shall be designed to be compatible with the surrounding neighborhood and shall comply with the following standards:

(1)Maintenance and Access: Solar energy system components shall be accessible for required routine maintenance without trespassing on adjoining property or disassembling any major portion of the structure of a building or appurtenance.

(2)Location: Solar energy system components shall not be located so as to interfere with the operation of required doors, windows or other building components. Provision shall be made over pedestrian and vehicular ways to protect those areas from sliding snow or ice. Solar energy systems may be placed in the side or rear yards of any lot; provided that the required setback distances are observed. In no instance shall solar energy systems be placed any closer to the front lot line than the front of the building or buildings erected upon said lot.

C. Wind energy systems shall only be allowed on lots greater than 1 acre.

18.1417 Swimming Pools, Bathhouses, and Hot Tubs

A. In addition to meeting the applicable building code requirements, swimming pools, hot tubs and spas shall meet the following requirements::

(1)Swimming pools, hot tubs and spas shall not exceed the size of the dwelling unit, and shall not be located in any established or required front yard.

(2)All private swimming pools, hot tubs and spas shall meet the requirements of Appendix G of the 2003 International Residential Code, as amended by the City of Wellsville.

(Ordinance 823: 1/13/10)

18.1418 Special Events

A. All special events are reviewed as Permitted Uses upon Review. Further information regarding procedures and regulations concerning special events is found in Article 16.