§ 150. Accessory Uses.

(a)

The Table of Permissible Uses (Section 146) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a zoning permit (use classification 6.210).

(b)

For purposes of interpreting Subsection (a):

(1)

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

(2)

To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(c)

Without limiting the generality of Subsections (a) and (b), the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above:

(1)

Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.

(2)

Hobbies or recreational activities of a noncommercial nature.

(3)

Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three (3) days (whether consecutive or not) during any ninety-day period.

(4)

The temporary use of a travel trailer, camper, or recreational vehicle by visitors to the occupant of a principal building, so long as such temporary use does not exceed seven (7) days.

(5)

Daycare center providing services to five (5) non-resident children or less.

(d)

Without limiting the generality of subsections (a) and (b), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

(1)

Parking or storage outside of a substantially enclosed structure of any motor vehicle that is neither currently licensed nor operational.

(2)

On premises within use classifications 1.100, 1.200, or 1.400, parking or storage outside a substantially enclosed structure of more than a total of five (5) vehicles or more than a total of two (2) vessels. For purposes of this subsection (d)(2), the term "vehicle" shall include an all terrain vehicle, farm tractor, golf cart, house trailer, moped, motorcycle, motor vehicle, property hauling vehicle, recreational vehicle, road tractor, trailer (including boat trailer), truck tractor, or other vehicle (other than a bicycle) as these terms are defined in G.S. § 20-4.01, and the term "vessel" shall mean any type of watercraft or structure designed, used, or capable of being used as a means of transportation or habitation on the water. A vessel upon a trailer shall be considered one unit. (This subdivision shall not apply to motor vehicles temporarily parked on the premises on an occasional basis by guests of the occupant of such premises).

(3)

On premises within use classifications 1.100, 1.200, or 1.400, parking or storage outside a substantially enclosed structure of currently licensed motor vehicles (including trailers) outside a driveway clearly designated as such by covering such area with an all weather surface or by delineating the edges of such area through the use of landscape timbers, plantings, or other materials. (This subdivision shall not apply to motor vehicles temporarily parked on the premises on an occasional basis by guests of the occupant of such premises).

(4)

On any residential premises within use classifications 1.100, 1.200, or 1.400 displaying motor vehicles for sale or trade under the following circumstances.

a.

Displaying more than one such vehicle at any one time.

b.

During a twelve month period commencing on January 1 and ending December 31 each year, displaying any such individual motor vehicle for more than one (1) period of any number of consecutive days or for more than forty-five (45) consecutive days.

c.

During a twelve-month period commencing on January 1 and ending December 31 each year, displaying more than one such motor vehicle.

d.

Displaying any such motor vehicle that is not owned by the occupant or an immediate family member of the occupant of the premises.

e.

Displaying any such motor vehicle within a public right-of-way.

(Ord. No. 02-08, § 3, 5-13-02; Ord. No. 08-13, § 1, 11-10-08)