§ 58-16. Accessory uses and structures.

Minor uses or structures which are necessary to the operation or enjoyment of a permitted principal use, and are appropriate, incidental and subordinate to any such uses, shall be permitted in all districts with certain exceptions as described herein as an accessory use, subject to the following:

(1)

Accessory uses or structures, well houses and swimming pools shall be located no closer than the setback for the principal building or 15 feet to any side or rear lot line whichever is less. Well houses shall be allowed in any yard.

Notwithstanding any other provision in this section, any accessory structure with a building footprint exceeding 200 square feet may be located in any nonrequired side or rear yard and must comply with all setback requirements of principal structures for that zoning district.

(2)

In any residential district or on any lot containing a principal residential use, no accessory use or structure shall be permitted that involves or requires any construction features which are not residential in nature or character. Accessory uses shall be located on the same lot as the principal use.

(3)

An accessory building other than barns or farm-related structures may not exceed the height of the principal building.

(4)

Other than barns or farm-related structures, the total combined square footage of all accessory structures (including above ground swimming pools) on any parcel less than six acres shall not exceed two-thirds of the footprint of the principal building. On lots 6 acres or greater, the total combined footprints of all principal and accessory structures (including above ground swimming pools) shall not exceed 15 percent of the gross lot area.

(5)

Roofed accessory uses physically attached or connected to the principal building shall be considered a part of the principal building and shall be subject to the setback requirements for the principal building.

(6)

A swimming pool shall be considered an accessory use. A swimming pool can be located in the rear yard on all residential properties, or in the side yard provided the principal structure has a minimum 200-foot front setback and the pool will have a minimum 150-foot side setback. In all other situations, it will be subject to a conditional use approval as provided in article III of this chapter.

(7)

Occupancy of a travel trailer, recreational vehicle (RV), or licensed motor vehicle as an accessory family dwelling shall be permitted for no more that 30 total days per calendar year.

(8)

Accessory family dwellings: An incidental structure or an incidental area within a primary structure that is capable of being used as a separate dwelling and that is generally occupied and used by a different person(s) than the person(s) that generally occupies and uses the property's primary dwelling. Such a separate structure or area shall be considered and accessory family dwelling whether it is detached from the primary dwelling, attached to the primary dwelling, or partially or completely contained within the primary dwelling.

When allowed, accessory family dwellings shall be subject to the following additional requirements:

a.

Accessory family dwellings shall comply with all applicable provisions of the Weddington Code of Ordinances.

b.

At least one additional off-street parking space shall be provided for the use of those occupying the accessory family dwelling unless the zoning administrator determines that sufficient off-street parking already exists to accommodate both the property's primary dwelling and the accessory family dwelling.

c.

An accessory family dwelling shall be allowed only on lots that meet the minimum lot area requirement of the applicable zoning district.

d.

Only one accessory family dwelling shall be allowed per lot.

e.

The accessory family dwelling shall meet all setback requirements applicable to principle structures in the zoning district.

f.

The heated floor area of the accessory family dwelling shall not exceed 30 percent of the gross floor area of the primary dwelling.

Commentary: Examples of accessory dwelling square footage are:

A 1,333 square foot primary dwelling is needed for a 400 square foot accessory family dwelling. (30 percent of 1,333 = 400)

g.

The property including the accessory family dwelling shall retain a single-family appearance from the street. By example only and not for purposes of limitation, the accessory family dwelling shall not have its own separate mailbox, and it must share driveway access with the primary dwelling.

(Ord. No. 87-04-08, § 4.9, 4-8-1987; Ord. No. O-2005-09, 12-12-2005; Ord. No. O-2007-09, 9-10-2007; Ord. No. O-2010-05, 4-12-2010; Ord. No. O-2017-06, 2-13-2017)