21.6 Accessory Structures and Uses

21.6.A General Application   

1.  All accessory structures and uses are subject to the requirements of this Section and the permitted encroachment regulations of Section 21.7 below. Additional accessory structures not regulated in this section may be regulated in Section 21.7.

2.  Only those accessory structures permitted by this section or Section 21.7 are allowed to encroach into required yards.

3.  The combined square footage of all detached accessory structures located in the required rear yard is limited to no more than forty percent (40%) of the required rear yard area.

4.  Only one (1) detached accessory structure is permitted in a required interior side yard.

5.  Accessory structures are permitted within the buildable area unless specifically prohibited by this section. In such cases, the limitation is indicated by language that states “permitted to locate only in…” or similar language, and a designation of the permitted yard or yards. When such location restriction is indicated, the yard indicated includes the area between the principal building wall located parallel to such yard and the lot line, which will include the minimum required yard area.

6.  When detached accessory structures are located within a required yard, structures are limited to a maximum height of fourteen (14) feet, unless otherwise permitted or limited by this Ordinance. When detached accessory structures are located within the permitted buildable area, they are subject to the maximum height of the underlying zoning district.

7.  Detached accessory structures shall be located a minimum of three (3) feet from any lot line, unless otherwise permitted or limited by this Ordinance. However, in the Historic Core and Historic Urban Neighborhood Districts, a detached accessory structure may be built on the interior side or rear lot line provided there is no existing structure on the adjoining lot located on or within three (3) feet of the common interior side or rear lot lines. The wall of the accessory structure built on a property line shall meet all standards of the fire code and shall include gutters to drain water away from the adjoining lot.

8.  In the case of a corner lot, when an accessory structure is located in the rear yard and the rear yard abuts the interior side and/or front yard of a lot, the accessory structure shall be located three (3) feet from the rear lot line and in addition may not be located in front of the abutting structure’s front or side building line. In such case, the accessory structure may encroach into the corner side yard but may not be located in front of the abutting structure’s front or corner side building line. The front or corner side building line does not include any architectural features of the front façade. (See Figure 21-2: Accessory Structure on Corner Lot Setback)

9.  No detached accessory structure may be constructed prior to construction of the principal building to which it is accessory.

10.  No detached accessory structure may be used for habitation.

11.  Any accessory structure that is no longer in use is considered abandoned and the owner shall remove the accessory structure. The City may ensure and enforce removal by means of its existing regulatory authority.

FIGURE 21-2: ACCESSORY STRUCTURE ON CORNER LOT SETBACK

21.6.B Accessibility Ramp   

1.  Accessibility ramps are permitted in a required front, side, or rear yard.

a.  Ramps within the front yard shall be designed to minimize encroachment into the required front yard.

b.  Ramps may extend or project into a required rear yard without limitation.

2.  Weather protection may be provided over the ramp and landing provided there is a two (2) foot distance between the awning or canopy and any lot line.

21.6.C Amateur (HAM) Radio Equipment   

1.  Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance standards are permitted to locate only in the rear yard and shall be located ten (10) feet from all lot lines. Towers may not exceed the maximum building height of the applicable district.

2.  Antenna may be ground-, building-, or roof-mounted. Every effort shall be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys.

3.  If an applicant applies for a variance for an antenna or tower to exceed the height limitation, the applicant shall provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant shall provide evidence that the tower and/or antenna is not a hazard to birds (i.e., minimal chance of bird strikes). Such tower and/or antenna shall conform to all applicable performance standards. As part of the application, the applicant shall submit a development plan showing the proposed location of the tower and/or antenna, as well as its relation to the principal building and any additional accessory structures. 

21.6.D Apiary   

1.  Apiaries are permitted to locate only in rear yards, and shall be located a minimum of five (5) feet from all lot lines and ten (10) feet from any dwelling.

2.  One (1) bee colony is permitted per lot. An additional bee colony is permitted for each two-thousand (2,000) square feet of lot area above the first one-thousand five-hundred (1,500) square feet.

3.  All bee colonies shall be kept in a removable frame hive in a sound and usable condition.

4.  Where any colony is situated within twenty-five (25) feet of any lot line, as measured from the nearest point on the hive to the property line, a flyway barrier at least six (6) feet in height is required consisting of a dense vegetation, fence, solid wall, or a combination thereof, that is parallel to the property line and extends ten (10) feet beyond the colony in each direction to force bees to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary.

5.  A convenient source of water shall be provided and available to the bees at all times during the year.

6.  In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, the beekeeper shall promptly re-queen the colony.

21.6.E Aquaponics   

1.  Aquaponic facilities are permitted to locate only in rear yards, and shall be located a minimum of ten (10) feet from any lot line.

2.  All aquaponic facilities shall be located within enclosed structures designed for holding and rearing fish, and containing adequate space and shade.

21.6.F Bicycle Share Hubs   

1.  Accessory bicycle share hubs may be located on properties in any non-residential district.

2.  Accessory bicycle share hubs shall be accessible from an adjacent public right-of-way. No accessory bicycle share hub shall be located behind a barrier, obstruction, screen, or other element that shields the facility from public view or prevents public access to the facility.

21.6.G Boat Docks, Piers, and Wharves   

1.  Projection of boat docks, wharves, and piers into waterways beyond the waterway line, lot lines, or established bulkhead lines, or the placing of mooring piles or buoys are limited by applicable ordinances of the City and regulatory agencies.

2.  Groins (groynes), levees, bulkheads, pilings, breakwaters, and other similar structures shall be erected and maintained in accordance with applicable locations and construction standards of the City and other regulatory agencies.

21.6.H Carport   

1.  A carport, whether attached to the principal building or as a detached structure, may be constructed in a required interior side and rear yard, subject to the requirements of Section 21.6.A.

2.  A carport may be attached to an enclosed accessory building provided that no wall of such accessory building is less than forty (40) feet from the front lot line and the wall or open side of the carport is located no less than three (3) feet from the interior side lot line. (See Figure 21-3: Carport)

3.  Every part of the projection of such carport shall be at least two (2) feet from the interior side lot line. The length of a carport may not exceed forty (40) feet.

4.  The height of any carport in a required yard may not exceed fourteen (14) feet.

5.  A carport, whether attached to or detached from the principal building, shall be unenclosed on any interior side yard or corner side yard.

FIGURE 21-3: CARPORT

21.6.I Chicken Coop   

1. Chicken coops and runs shall meet the following standards:

a. Chicken coops and runs are permitted to locate only in the rear yard and shall be located at least ten (10) feet from all lot lines and ten (10) feet from any dwelling.

b.  The facility shall be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall not create a nuisance or disturb neighboring residents due to noise, odor, damage, or threats to public health.

c. The chicken coop and run shall be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement.

d. The chicken coop and run shall be adequately lighted and ventilated.

2.  No person may keep more than six (6) chickens on any property at one time.

3.  No commercial activity will result from the keeping of chickens on the property, except for selling of eggs at agricultural uses in accordance with Article 20, Section 20.3.C.6.

4.  Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.

5.  Chickens shall be kept in coops and fenced runs when property owner or agricultural operator is not present. Chickens may be free-range only in fenced-in properties when property owner or agricultural operator is present. 

6. No storage of chicken manure is permitted within twenty (20) feet of any lot line. All chicken manure shall either be composted immediately through incorporation of carbon-rich material or removed from the property and disposed of properly. 

7.  Slaughtering of chickens on-site is prohibited.

Adopted by Ord. 29278 MCS, 12-19-19, ZD 079/19;

21.6.J Collective Alternative Energy System   

1.  A community-based alternative energy system, such as solar, wind, or geothermal, is permitted to be shared by property owners or a neighborhood organization, homeowners association, or campus use.

2.  Properties may share an alternative energy system, including permission to install equipment along all properties. All owners shall agree to such arrangement, and an agreement is recorded as “collective alternative energy servitude” on each plat of survey and access is granted to all participants to maintain equipment. A management plan shall be submitted and servitude recorded.

3.  Collective alternative energy systems shall be built in accordance with accessory use standards for the particular type of energy system used, as described in this section.

4.  Alternately, a collective alternative energy system may be constructed on a lot managed and owned by a homeowners association, institution, or similar organization. A management plan shall be submitted.

21.6.K Columbarium   

A columbarium is permitted as an accessory structure to places of worship located on a lot a minimum of twenty-thousand (20,000) square feet in area. 

21.6.L Crab Traps   

In all residential districts, except the R-RE District, a maximum of ten (10) crab traps is permitted for the recreational use of the occupant(s) of the residence. There is no restriction on the number of crab traps in the R-RE District and other districts.

21.6.M Electric Vehicle Charging Station   

Where Electric Vehicle Charging Stations are permitted as a principal use, they shall be subejct to the use standards in Article 20. Electric vehicle charging is permitted as an accessory use in all parking lots and structures, as well as part of a gas station use. An electric vehicle charging station shall be counted as a required vehicle parking space, and is subject to the yard restrictions for off-street parking in the underlying districts. 

Adopted by Ord. 27,238 MCS, §1, Jan. 20, 2017, Zoning Docket 110-16; Ord. 29528, 7-24-23, Zoning Docket 13-23

21.6.N Fences and Walls   

21.6.N.1 General Fence Requirements   

Unless otherwise restricted by Paragraphs 2 and 3 below, all fences and walls are subject to the following regulations.

a.  Unless otherwise permitted or restricted by this Ordinance, a fence or wall may be located in any yard but may not exceed eight (8) feet in height, except within national historic districts, where a fence or wall may not exceed seven (7) feet in height. Fences in front yards shall be open fences.

b.  Unless otherwise permitted or restricted by this Ordinance, a fence or wall may be erected along a boundary between a residential, commercial, or mixed use district and an industrial district to a height not exceeding ten (10) feet.

c.  The height of fences or walls along common property lines in required side or rear yards shall be measured from grade. When grade differs between abutting properties, the height of the fence or wall shall be measured from the highest grade at the property line on either side of the property. In no case shall the total fence height exceed ten (10) feet. A building permit is required for all fences and walls exceeding eight (8) feet in height, except within national historic districts, where a building permit is required for all fences and walls exceeding seven (7) feet in height. (See Figure 21-4: Fences with Grade Differential)

FIGURE 21-4: FENCES WITH GRADE DIFFERENTIAL

Adopted by Oct. 09, 2015, Zoning Docket 053-15, Ord. 26,605 MCS

21.6.N.2 Height and Material Requirements in the S-LRS2 and S-LRD1 Districts   

a.  The maximum height of a fence or wall in the Lake Vista area of the S-LRS2 and S-LRD1 Districts is as follows:

i.  Front Yard: One and one-half (1.5) feet

ii.  Side Yard - From the front building line to the front property line: One and one-half (1.5) feet

iii.  Side Yard - From the front building line to the rear property line: Five (5) feet

iv.  Rear Yard: Five (5) feet

b.  Fences and walls in the Lake Vista area of the S-LRS2 and S-LRD1 Districts shall be constructed of the following materials: iron, wood, wire, brick, stone, or any combination thereof.

21.6.N.3 Fence Requirements in Historic Districts   

Fences in the historic districts are subject to the historic district regulations.

21.6.N.4 Height Requirements in the Lake Terrace Area, which is bounded by Lake Pontchartrain, the London Avenue Outfall Canal, Robert E. Lee Boulevard and Bayou St. John, in the S-RS Suburban Single Family District   

The maximum height of a fence or wall in the Lake Terrace area, which is bound by Lake Pontchartrain, the London Avenue Outfall Canal, Robert E. Lee Boulevard and Bayou St. John in the S-RS Suburban Single-Family Residential District is as follows:

i.  Front Yard:  One and on-half (1.5) feet.

ii.  Side Yard - From the front building line to the front property line:  One and one-half (1.5) feet.

iii.  Side Yard - From the front building line to the rear property line:  Five (5) feet.

iv.  Rear Yard - Five (5) feet

Adopted by Ord. 28440 MCS, Aug. 6, 2020, ZD 32/20

21.6.O Flat Roof Features   

1. Accessory rooftop features of a flat roof, such as green roofs, rooftop decks, rooftop pools, rooftop gardens, and stormwater detention systems are permitted below the parapet of any flat roof building or flat roof portion of a building, and are excluded from the calculation of height and gross floor area, provided that the following standards are met:

a. Documentation shall be submitted demonstrating that the roof can support the additional load of plants, soil, and retained water, and that an adequate soil depth will be provided for plants to survive.

All planting materials and soils shall be of good quality and meet the American Standard for Nursery Stock (ASNS), latest edition, or equivalent for minimum acceptable form, quality and size for species selected. Vegetation shall be maintained in good condition, present a healthy, neat and orderly appearance, and be kept free of weeds, refuse and debris for the life of the building. Irrigation systems, when provided, shall be maintained in good operating condition to promote the health of the plant material and the conservation of water.

b. The roof contains sufficient space for future installations, such as mechanical equipment, that will prevent adverse impacts.

c. Rooftop decks or patios shall be set back five (5) feet from all building edges.

d. Guardrails shall be set back at least five (5) feet from the building edge.

2. Within the CBD Districts and the RIV-3 Bywater and RIV-4 Riverfront Overlay Sub-Districts, in addition to the accessory flat roof features provided above, elevator machine rooms, bathroom facilities, stair bulkheads, and elevator lobbies are permitted on any flat roof building or flat roof portion of a building, and are excluded from the calculation of height, stories and gross floor area, provided that the following standards are met:

a. Elevator machine rooms shall not exceed the minimum size necessary to house and service the equipment as specified by the equipment manufacturer. Elevator lobbies shall be limited to thirty-six (36) square feet in area per elevator opening. Collectively, elevator machine rooms, stair bulkheads, elevator lobbies and bathroom facilities shall not exceed fifteen percent (15%) of the area of the flat roof on which they are located.

b. Elevator machine rooms and elevator lobbies shall be limited to a height of fourteen (14) feet as measured from the roof surface.

c. Elevator machine rooms and elevator lobbies shall be set back from any building edge fronting an adjacent street by a distance not less than their respective heights.

3. Any of the following, if located on a rooftop, shall be included in the calculation of building height and number of stories:

a. Enclosed habitable space

b. Awnings

c. Pergolas

d. Trellises

e. Shade structures.

21.6.P Garages, Attached and Detached   

The following design standards apply to all residential garages. Attached garages are not considered an accessory structure (i.e., they are part of the principal structure) but are subject to the regulations of this section for attached garages. Garages must be constructed in a manner to be accessible to automobiles and provide a corresponding curb cut or alley access, subject to the standards of the Department of Public Works.

Adopted by Ord. 29126, 8-12-22, ZD016/22

21.6.P.1 Attached Garages   

a.  Front-loaded attached garages shall not comprise more than twenty-two (22) feet in garage door width or fifty percent (50%) of the width of the front façade of the house, as measured along the building line that faces the street, whichever is greater. (See Figure 21-5: Garage Design)

b. Windows, doors, and roof treatments of that part of the garage facing the street shall incorporate architectural detail expressive of a residence.

c.  Garage openings, windows, columns, trims, decorative paneling, and color shall de-emphasize the visual impact of the garage in relation to the building as a whole.

d. Attached garages in the S-LRS1 Lakeview Single-Family Residential District shall comply with the site design standards provided in Section 13.3.B.1.b. 

FIGURE 21-5: GARAGE DESIGN

Attached Garage Design

21.6.P.2 Detached Garages   

a.  A detached garage is permitted in a required interior side or rear yard.

b.  A detached garage in a required yard is limited to sixteen (16) feet in height.

c.  The area above the vehicle parking spaces in a detached garage may be utilized for storage, but not living space. Kitchens and bedrooms are prohibited.

d.  A detached garage is limited to nine hundred (900) square feet in area.

e.  A detached garage may be constructed in a required interior side and rear yard, subject to the requirements of Section 21.6.A. (See Figure 21-5A)

f.  Detached garages shall be consistent with the architecture and design of the principal building. Consistency of design includes the use of the same palette of materials as the principal building, roofing, roof pitch, trim, and colors.

g.  Detached garages shall be located a minimum of five (5) feet from the principal structure on a lot. The distance is measured from the exterior walls of the structures.

h. Attached garages in the S-LRS1 Lakeview Single-Family Residential District shall comply with the site design standards provided in Section 13.3.B.1.b.

FIGURE 21-5A: DETACHED GARAGE DESIGN

Detached Garage Location

21.6.Q Gazebo   

1.  Gazebos are permitted in the required rear yard.

2.  The gazebo platform shall be no higher than four (4) feet above grade. Gazebos are limited to one-hundred twenty (120) square feet in area.

3.  The gazebo shall be set back a minimum of three (3) feet from all lot lines and six (6) feet from any principal structure.

21.6.R Home Occupation   

A home occupation is an accessory use and is subject to the following requirements.

1.  The home occupation shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation may be operated in an accessory structure.

2.  The home occupation is limited to fifteen percent (15%) of the floor area of the dwelling unit.

3.  A home occupation may not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling.

4.  No person other than a resident of the dwelling may be employed as part of a home occupation.

5.  Vehicular traffic and on-street parking shall not be increased beyond what normally occurs through residential usage.

6.  The receipt, sale, or shipment of deliveries is not permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods. Other types of truck deliveries are not permitted.

7.  A home occupation shall not generate noise, solid waste, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory, or heavy equipment is permitted. No mechanical equipment is permitted, except that which is normally used for domestic or household purposes.

8.  No stock, merchandise, or products may be displayed, stored, or sold on the premises.

9.  No exterior alteration that changes the residential character of the principal building is permitted. A separate entrance from the outside of the building to the home occupation is prohibited.

10.  A home occupation sign in accordance with Article 24 is permitted. Additional signs are prohibited. 

11.  Any type of motor vehicle service and repair, taxicab or other vehicle dispatch, or beauty salons are prohibited home occupations.

12.  Day care homes are not considered a home occupation.

13.  All home occupations require an occupational license.

21.6.S Ice and Propane Storage Machines   

Ice and propane storage machines may be located on the exterior of a structure in accordance with the section. All other vending machines, such as video rentals and change conversion machines, shall be located inside the principal building.

1.  Ice and propane storage machines are permitted for commercial uses of two-thousand five-hundred (2,500) square feet or more of gross floor area. However, in the S-LB2 District ice and propane storage machines are permitted only for commercial uses of five-thousand (5,000) square feet or more of gross floor area.

2.  Ice and propane storage machines shall be placed against the exterior of the principal building and cannot encroach into any public right-of-way or required yard, unless permitted in Paragraph 3 below.

3.  Freestanding ice storage machines are permitted for commercial uses in the Commercial Center and Institutional Campus Districts. Freestanding ice storage machine are prohibited in the required front yard. Freestanding ice storage machines may be located in the required corner side, interior side, or rear yard but shall be three (3) feet from any lot line. No freestanding ice storage machine may be located within a required parking space.

4.  The ice and propane storage machines shall be placed so that customers accessing these units do not block the public right-of-way.

5.  Ice and propane storage machines shall not exceed nine (9) feet in height, five (5) feet in width and six (6) feet in length.

6.  The only sign permitted is the word “ICE” or “PROPANE,” as applicable. The size of the sign is limited to one (1) square foot in area.

7.  The color of these units shall be unobtrusive. Ice or propane storage machines placed against the exterior of the principal building may be steel gray or neutral tones only. Freestanding ice storage machines shall be consistent with the architecture and design of the principal building. Consistency of design includes the use of the same palette of building materials as the principal building, trim, and colors.

8.  The area surrounding the ice and propane storage machines shall be kept free of any junk, debris, or other material. 

21.6.T Mechanical Equipment   

1. Ground-based or wall-mounted mechanical equipment (with less than 7 feet of vertical clearance) including, but not limited to, heating, ventilating, geothermal energy, and air-conditioning (HVAC) units, swimming pool equipment, and back-up electrical generators, may be located in an interior side or rear yard and shall be located at least two (2) feet from the interior side or rear property line. This two (2) foot distance shall remain open to the sky.

2.  Wall-mounted mechanical equipment, with 7 feet or greater of vertical clearance, may be located in an interior side or rear yard and shall be at least 18 inches from the property line.

3. Ground-based mechanical equipment is prohibited in a front or corner side yard. Mechanical equipment setbacks in this section only apply to mechanical equipment in required interior and rear yards and do not apply if there are no yard requirements. 

4. However, any existing ground-based mechanical equipment that does not comply with the location requirements as of the date of adoption of this Ordinance is considered legally conforming and may be replaced and repaired. 

5. All approved ground-based mechanical equipment, including, but not limited to HVAC units, shall be screened when readily visible from the public right-of-way, excluding alleys. Screening materials may be masonry, wood, or landscape, and shall effectively screen mechanical equipment so no portion is readily visible from that public right-of-way. Color and texture of a masonry wall shall be compatible with the color and texture of the principal building on the site. If ground-based mechanical equipment is screened by an existing structure, fence or landscape, such that it is not readily visible from that public right-of-way, it will be considered to have met these requirements.

6.  Ground-based mechanical equipment shall be constructed above base floor elevation (BFE), when applicable. If the equipment would be constructed so that it will be higher than a fence in the interior side yard, it may not be located within the interior side yard.

7.  Any roof-mounted mechanical equipment shall be set back at least six (6) feet from any wall of the building to permit safe access to the roof and shall not be visible from the public right-of-way.

Adopted by Ord. 29126, 8-12-22, ZD016/22

21.6.U Multi-Family Dwelling Accessory Uses   

The following types of accessory structures and uses are permitted within multi-family dwellings:

1.  An office containing an area of not more than two percent (2%) of the gross floor area of the building and located in a main building for administration purposes. When such multi-family dwelling is for permanent supportive housing, as defined by this Ordinance, it is exempt from this limitation on maximum office area.

2. Coin-operated vending machines, such as for candy, tobacco, ice, soft drinks, and sundries, inside a building with ten (10) or more dwelling units.

3.  A retail goods establishment with no retail sales of packaged alcoholic beverages operated primarily for the convenience of occupants of a multiple-family dwelling containing fifty (50) or more dwelling units.

4.  For multi-family dwellings of one-hundred (100) or more units, retail goods establishment, personal service establishments, and restaurants are limited to residents and their guests. Such commercial areas shall not exceed ten percent (10%) of the gross floor area of the building.

21.6.V RESERVED   

Adopted by Ord. 29126, 8-12-22, ZD016/22

21.6.W Outdoor Seating For Dining And Smoking   

Unless otherwise prohibited by City ordinances, outdoor seating is permitted as accessory to a bar or restaurant (all types) and a retail goods establishment that sells food products, such as a delicatessen, bakery, or grocery, but shall comply with the following standards:

1.  Outdoor seating shall not interfere with pedestrian access or parking areas.

2.  Outdoor seating is permitted in a required yard area, with the exception of any required yard area that abuts a residential district.

3.  A distinct delineation shall be maintained between any public right-of-way and the outdoor seating area through the use of hardscape and architectural elements, such as a masonry wall, fence, planters, or bollards.

4.  If outdoor seating areas are paved, the paving shall be permeable.

5. When a structure is required to be constructed at a build-to line, the structure may have up to fifty percent (50%) or sixty (60) linear feet of the front façade, whichever is less, designated as outdoor seating within a maximum setback of twenty-five (25) feet maximum from the required build-to line. (See Figure 21-6: Build-To Exception for Outdoor Dining)

6.  Any outdoor seating areas located within the public right-of-way require approval of a Sidewalk Use Permit from the Department of Safety and Permits and shall be considered a temporary use in accordance with the standards of Section 21.8.

7.  On-site outdoor seating areas are included in calculation of parking requirements, where applicable.  Temporary sidewalk cafés shall not be included as part of the calculation of parking requirements.

FIGURE 21-6: BUILD-TO EXCEPTION FOR OUTDOOR SEATING

Adopted by Ord. 27,599 MCS, §2, November 21, 2017, Zoning Docket 071-17; Ord. 29126, 8-12-22, ZD016/22

21.6.X Outdoor Sales and Display, and Outdoor Storage   

21.6.X.1 Outdoor Sales and Display   

Retail goods establishments and motor vehicle dealerships, large, are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same lot. Any lawfully existing retail goods establishment or motor vehicle dealership is permitted to display and sell its merchandise outdoors under the following conditions:

a.  Sales and display areas shall not obstruct pedestrian or vehicular traffic. No sales and display area is permitted in a required yard.

b.  No required parking area may be used as an outdoor sales and display area.

c.  The outdoor sales and display of automobile parts, such as tires, is prohibited.

d.  Vending machines accessory to commercial uses, such as ice and propane storage machines and DVD vending machines, are regulated by Paragraph L above.

e. Outdoor display areas may be located within the public right-of-way upon approval of a Sidewalk Use Permit from the Department of Safety and Permits and shall be considered a temporary use in accordance with the standards of Section 21.8.

Adopted by Ord. 27,599 MCS, §2, November 21, 2017, Zoning Docket 071-17; Technical Correction #7, 12-17-18; Ord. 29126, 8-12-22, ZD016/22

21.6.X.2 Outdoor Storage   

The following uses are permitted outdoor storage: nursery, including the growing of plants in the open, heavy sales, rental, and service, motor vehicle dealership and rental establishment, motor vehicle operations facility, motor vehicle service and repair, minor or major, light, heavy, and maritime-dependent manufacturing, outdoor storage yards, and contractor storage yards. These uses are permitted outdoor storage in accordance with the following provisions:

a.  No outdoor storage is permitted in any public right-of-way or located so as to obstruct pedestrian or vehicular traffic. No outdoor storage is permitted in a required yard.

b.  All manufacturing, assembly, repair, or work activity shall take place inside an enclosed building. This does not apply to heavy industrial or maritime industrial uses that are typically conducted outdoors or have an outdoor component.

c.  No required parking area may be used as an outdoor storage.

d. No materials stored or displayed outdoors may be of a greater height than that of the required screening, with the exception of storage of construction equipment.

e.  All outdoor storage shall comply with the screening requirements of Article 23.

21.6.Y Pigeon Loft   

1.  Pigeons are permitted to be raised, maintained, and confined for non-commercial uses.

2.  A maximum of twenty (20) pigeons over sixteen (16) weeks of age are permitted per lot. When pigeons under sixteen (16) weeks of age are also kept on the premises, a maximum of fifty (50) total pigeons is permitted.

3.  Pigeon lofts, including fly pen, are permitted to locate only in the rear yard and shall be a minimum of ten (10) feet from all lot lines or dwelling. Pigeon lofts are permitted on rooftops only on multi-family dwellings over four (4) stories in height and with the permission of the property owner. When located on a rooftop, the pigeon loft shall be setback ten (10) feet from each building wall.

4.  Pigeons shall be confined to the loft at all times except when released for necessary exercise, training or racing flights, with no more than fifty percent (50%) released at any one (1) time. Domestic pigeons are not allowed to linger on the property of others in such a way as to cause damage or otherwise prevent the full enjoyment and use of the property.

5.  A pigeon loft, including fly pen, shall have a minimum of one and one-half (1.5) square feet of floor space per pigeon and is limited to a maximum of two-hundred forty (240) square feet in total area. That portion of the pigeon loft designated as the fly pen shall be constructed so that it faces the residence of the owner.

6.  All pigeons shall be banded and identified by a band.

7.  Management and sanitation practices shall be employed to prevent odors and pests.

21.6.Z Pool House/Cabana   

1.  Construction of a pool shall be completed prior to or simultaneously with completion of the pool house/cabana.

2.  Only one (1) pool house/cabana is permitted on a lot.

3.  The total floor area of a pool house/cabana is limited to eight-hundred (800) square feet of the required rear yard area. A pool house/cabana within a required yard is limited to a height of sixteen (16) feet and one (1) story, and subject to the setback requirements.

4.  A pool house/cabana is permitted in the required rear yard, subject to the area coverage limitations.

5.  Kitchen and cooking facilities are prohibited. However, a wet bar may be provided, limited to the following features:

a.  A counter area.

b. A refrigerator

c. The counter area may include a bar sink.

d.  The counter area may include an overhead cupboard area.

e.  No cooking facilities are permitted in the wet bar area.

6.  A pool house/cabana may contain bathrooms.

7.  Use of a pool house/cabana as temporary sleeping quarters or a dwelling unit is prohibited.

Adopted by Ord. 29126, 8-12-22, ZD016/22

21.6.AA Porches and Steps and Stoops   

1.  Uncovered porches, including attached steps, steps and stoops are permitted in all required yards. Uncovered porches, including attached steps, and steps and stoops may encroach up to six (6) feet into a required front yard, and into a required corner side or interior side yard but shall be located a minimum of two (2) feet from any side lot line.

2.  However, when an existing dwelling is elevated, side steps and stoops may encroach into the entire width of a corner side or interior side yard if they meet the following standards:

a.  The existing footprint of the dwelling is maintained. This does not include conforming rear additions with no extension of the side walls beyond the existing footprint.

b.  Steps leading to the side door in the side yard are designed as pass-through staircases, with steps accessible from both the front and rear of the lot. (See Figure 21-7: Pass-Through Stairs)

3.  Within the Historic Core Districts, steps and stoops may encroach into the public right-of-way in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment.

4.  Uncovered porches and steps and stoops are limited to a maximum height of five (5) feet above grade or the base flood elevation, if the structure is elevated, whichever is greater.

 

FIGURE 21-7: PASS-THROUGH STAIRS

21.6.BB Public Transit Wait Stations   

1.  Passenger transit wait stations located within the public right-of-way shall comply with the provisions of the City Code.

2.  Passenger transit wait stations located within private property shall comply with the ADA Standards for Accessible Design.

 

Adopted by Ord. No. 27,707, §2, April 2, 2018, Zoning Docket 001/18

21.6.CC Satellite Dish Antennas   

21.6.CC.1 General Requirements   

a.  Satellite dish antennas shall be permanently installed on a building, in the ground, or on a foundation, and may not be mounted on a portable or movable structure.

b.  Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and blend with the surroundings as best as possible. No additional signs or advertising are permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.

c.  Cables and lines serving ground-mounted satellite dish antennas shall be located underground.

d.  Compliance with all federal, state, and local regulations is required in the construction, installation and operation of satellite dish antennas.

e.  All exposed surfaces of the antenna shall be kept clean and all supports painted to maintain a well-kept appearance. Antennas no longer in use shall be removed.

21.6.CC.2 Small Satellite Dish Antennas (One Meter or Less in Diameter)   

Small satellite dish antennas, which are one (1) meter or less in diameter, are subject to the general requirements of Paragraph 1 above. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

21.6.CC.3 Large Satellite Dish Antennas (One Meter or More in Diameter)   

21.6.CC.3.a Residential Districts   

i.  Large satellite dish antennas are permitted to locate only in the rear yard, and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five (5) feet from any lot line.

ii.  The overall height of a large satellite dish antenna is limited to twelve (12) feet.

iii.  A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening includes fences, plant materials, and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be, at minimum, five (5) feet tall at the time of installation.

21.6.CC.3.b Non-Residential Districts   

i.  Large satellite dish antenna are permitted to locate only in the rear or interior side yard, and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five (5) feet from any lot line.

ii.  Roof-mounting is permitted only if the satellite dish antenna is in scale with the overall building mass and location, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than twenty-five percent (25%) of the corresponding height or width of the screen.

iii.  Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming, or landscape to accomplish the following:

(a)  All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened.

(b)  Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.

21.6.DD Solar Energy System: Accessory Use   

21.6.DD.1 General Requirements   

The installation and construction of a solar energy system is subject to the following development and design standards:

a. A solar panel may be building-mounted or ground-mounted.

b. Solar panels shall be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

c. On-site and collective power lines shall be placed underground to the maximum extent possible.

d. Only manufacturer and equipment information, warning signs, or ownership information is allowed to be displayed on site.

e. Abandonment or Decommissioning: Any ground-mounted solar energy system that is an accessory use of the property which has reached the end of its useful life or has not been producing energy for more than one (1) year shall be removed. The owner or operator shall physically remove the installation no more than 365 days after the date of discontinued operations. Decommission shall be in accordance with the requirements of Safety and Permits.

Adopted by Ord. No. 29744, 12-8-23, Zoning Docket 055/23

21.6.DD.2 Building-Mounted Systems   

a. A building mounted system may be mounted on the roof or wall of a principal building or accessory structure. (See Figure 21-8: Building-Mounted Solar Panels)

b.  On pitched roof buildings, the maximum height of a solar panel may rise is eighteen (18) inches. Pitched roof-mounted solar panels should be placed in a location least visible from the public street; however, this does not prohibit the installation of solar panels on a roof that may be visible when that exposure, particularly a southern exposure, is the most viable location. In those instances, solar panels shall be integrated into the structure as an architectural feature as described in Paragraph d below.

c.  On flat roofed buildings, the solar panel system is limited to a maximum height of six (6) feet above the surface of the roof.

d. Solar panels may project from a building facade as follows.

i.  May project up to two (2) feet from a facade.

ii. May encroach into a required side or rear yard, but no closer than five (5) feet to the side or rear property line.

FIGURE 21-8: BUILDING-MOUNTED SOLAR PANELS

21.6.DD.3 Ground-Mounted Accessory Systems   

Size of Ground-Mounted Accessory Solar Systems	Residential or Small-Commercial	Small-Scale Utility (Up to 5 acres)	Large-Scale Utility (greater than 5 acres)
Site Area Allotted	Shall be used for the purpose of only providing the accessory electricity source for principal structure(s) on the property	Shall be used for the purpose of providing electricity to the utility grid (see definition fro Solar Energy System)	Shall be used for the purpose of providing electricity to the utility grid (see definition for Solar Energy System)

 

General Provisions:

A. Provisions for a Residential or Small-Commercial Ground-Mounted Accessory Use Solar Energy System are as follows:

i. Must be used solely for the purpose of providing accessory power for residential or small-commercial principal structure(s).

ii. Shall adhere to the following setback standards:

1. May only be located in the interior side and rear yard and shall be set back a minimum of five (5) feet from any lot line.

2. Power Inverter(s) or other sound producing equipment shall be located a minimum of ten (10) feet from any property boundary line or public right-of-way.

iii. Screening - Ground-mounted small-scale solar energy systems shall have fencing/screening submitted as part of the site plan and may utilize screening methods including plantings, strategic use of berms, and/or fencing deemed adequate by the solar developer for safety and protection of solar assets.

B. Provisions for Small-Scale of Large-Scale Utility Ground-Mounted Accessory Use Solar Energy System are as follows:

i. Shall only be located in the interior side and rear yard and adhere to the setback standards of the base zoning district.

1. Power inverter(s) or other sound producing equipment shall be located a minimum of fifty (50) feet from any property boundary line or public right-of-way.

ii. Permeability - The area covered by panels shall adhere to the regulations of the base zoning district.

iii. Landscaping - A landscape yard measuring at least twenty (20) feet in depth and compliant with Section 23.6.A shall be provided along the street facing side of the property and shall be maintained for the life of the facility's operations.

iv. Screening

1. Small-Scale and large-scale ground mounted accessory use solar energy systems shall have fencing/screening submitted as part of the site plan and may utilize screening methods including plantings, strategic use of berms, and/or fencing deemed adequate by the solar developer for safety and protection of solar assets.

2. Any fencing deemed necessary by solar developers should be constructed of wildlife permeable materials (designed with sections that allow small mammals easy safe passage through the facility, so they are not separated from food sources and habitat areas) with capability to lock if fencing, and not vegetative screening, is implemented.

3. Fencing for security and protection of inverters and connections to the utility grid should be submitted as part of the site plan to protect the assets from damage and vandalism and provide safety and security to the site.

 

Adopted by Ord. No. 29744, 12-8-23, Zoning Docket 055/23

21.6.DD.4 Co-Location   

Solar panels may be co-located on communication towers, parking lots, parking structures, and street light poles, in which case the height and setback requirements for said tower/pole apply.

Adopted by Ord. No. 29744, 12-8-23, Zoning Docket 055/23

21.6.EE Swimming Pools   

1.  Swimming pools are permitted to locate only within a required rear or interior side yard.

2. Swimming pools must be at least two (2) feet from any lot line or four (4) feet from any neighboring building's exterior wall, whichever is greater.

3.  Adequate handrails shall be provided for pool entry and exit.

4.  Every swimming pool shall be protected by a safety fence or barrier of at least six (6) feet. A walk space at least three (3) feet in width shall be provided on two (2) sides or fifty percent (50%) of the exterior of the pool, whichever is greater, between the pool walls and protective fences or barrier walls.

Adopted by Ord. 29126, 8-12-22, ZD016/22

21.6.FF Truck Marshalling Yard   

1.  Truck marshalling yards are permitted as an accessory use to the following principal uses:

a.  Arena

b.  Convention center

c.  Fairgrounds

d.  Light manufacturing in the Center for Industry Districts

e.  Heavy manufacturing in the Center for Industry Districts

f.  Maritime manufacturing in the Center for Industry Districts

g.  Racetrack

h.  Stadium

2.  A truck marshalling yard shall be located on the lot and serve the use where the yard is located.

3.  No truck marshalling is permitted on public rights-of-way.

21.6.GG Water Feature   

1.  Water features shall not be designed for any swimming, wading, or recreational use.

2.  Water features are limited to a maximum depth of eighteen (18) inches.

3.  The maximum size of a single container feature is limited to one hundred (100) square feet. The maximum size of a multiple container feature is limited to two hundred and fifty (250) square feet total.

4.  A water feature shall be located a minimum of three (3) feet from all lot lines.

5. Re-circulating water systems shall be used for water features.

6. Recycled water shall be used as the water source for decorative water features when available.

21.6.HH Wind Turbines: Private   

Private wind turbines are subject to the following requirements.

1.  Private wind turbines are subject to the following height restrictions:

a.  The maximum height of any ground-mounted wind turbine is sixty-five (65) feet or twenty (20) feet above the tree line, whichever is greater.

b.  The maximum height of any wind turbine mounted upon a structure is fifteen (15) feet above the maximum permitted height for such structure. However, the maximum height of any wind turbine mounted upon a single-family or two-family dwelling is the height limit of the applicable zoning district.

c.  Maximum height is the total height of the turbine system including the tower, and the maximum vertical height of the turbine blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from grade to the length of a prop at maximum vertical rotation.

d.  No portion of exposed turbine blades (vertical access wind turbine) may be within twenty (20) feet of the ground. Unexposed turbine blades (horizontal access wind turbine) may be within ten (10) feet of the ground.

2.  Ground-mounted wind turbines are permitted to locate only in the rear yard. No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site. The system tower shall be set back from all lot lines equal to the height of the system. No principal buildings may be located within this area.

3.  All wind turbines shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.

4.  Wind turbines may not exceed sixty (60) dBA, as measured at the lot line. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

5.  Wind turbines shall be approved by a small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified residential wind turbines shall submit a description of the safety features of the turbine prepared by a registered mechanical engineer to the Director of the Department of Safety and Permits as part of the building permit.

6.  Wind turbines shall comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

7.  Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes. 

21.6.II SHED   

1. A shed or accessory structure is permitted in the required rear yard, subject to the area coverage limitations.

2. Kitchen and cooking facilities are prohibited.

3. A shed may contain a bathroom and/or a sink.

4. Use of a shed as a dwelling unit is prohibited.

Adopted by Ord. 29126, 8-12-22, ZD016/22