§ 4.3.10. Accessory uses and structures.

Accessory uses and structures are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood. To accomplish these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property and must be located on the same lot with the principal use.

A.

Accessory agricultural uses.

1.

Farmstead. That portion or portions of a farm, ranch, dairy, feedyard or poultry farm designated for uses which are necessary to the operation, including equipment storage areas.

a.

Farmstead accessory dwellings:

1.

Number. A farmstead is limited to one dwelling for the owner/operator of the property plus one dwelling for each 40 acres of contiguous ownership. For example, a farmstead on a 40-acre farm could include two dwellings, one for the owner/operator and one for farm help. A farmstead on an 80-acre farm could include three dwellings, one for the owner/operator and two for farm help.

2.

Occupancy. Farmstead dwellings may be occupied by the owner/operator, their immediate family and residents needed to support the agriculture operation.

3.

Siting. Each farmstead must be designed to allow a logical pattern of lots that all meet minimum lot size and setback requirements of the applicable zoning district and provide for adequate access, drainage and utilities for each lot. Should the agricultural operation cease, the property owner must pursue one of the following options:

a.

The rural land use process;

b.

Subdivision;

c.

Conservation development to place each accessory farm dwelling on a separate lot;

d.

Identify a separate 35-acre or larger tract for each accessory dwelling; or

e.

Present a proposal to be approved by the planning director.

4.

Fees and standards. Capital expansion fees must be paid for each dwelling when the building permit is issued. Each dwelling must comply with the standards for all development required by section 8 of this code.

5.

Agreement. Each plan approved for a farmstead must include an agreement which includes the terms described in subsections 3 and 4 above. The agreement must be signed by the property owner, notarized and recorded with the county clerk and recorder. The agreement must state that it runs with the land and is binding on all successors, assigns, heirs and subsequent owners of the property.

6.

A simplified site plan will be required as part of the process.

b.

A farmstead may include agricultural labor housing subject to special review approval by the county commissioners.

2.

Farm stand. A farm may include a stand for the sale of agricultural products produced on the same farm premises. A permanent facility for the sale of agricultural products produced on the same farm premises must comply with all zoning requirements.

3.

Value added agricultural processing: The processing and/or packaging of agricultural products, excluding the processing of fish, meat or game. Examples include but are not limited to: the making of alfalfa pellets, herbal products, food products, wreaths, woolen products, cheese, and candles. Value added processing may include the sales of value added agricultural products produced on the site.

a.

A farm, sod farm, nursery, tree farm (not including a sawmill) or greenhouse may include Value Added Agricultural Processing as an accessory agricultural use.

b.

Value Added Agricultural Processing and sales of value added agricultural products produced on the site must meet the following criteria:

1.

The agricultural processing or sales facility must be clearly incidental to and supportive of the dominant agricultural use of the site.

2.

The agricultural processing and sales facility must be operated by the owner or lessee of the agricultural use.

3.

Any processing operation will be located at least 100 feet from property lines unless a greater setback is required by another section of this code.

4.

The processing and/or sales facility, any outdoor storage in connection with the facility, and on-site parking will be effectively screened from existing dwellings within 500 feet.

5.

The hours of operation are limited to the hours between 7:00 am and 9:00 pm.

6.

Noise, fumes, dust, odors, vibration or light generated as a result of the agricultural processing or sales will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

7.

The facility or operation will serve to preserve or enhance the rural character of the neighborhood or vicinity.

8.

The agricultural processing or sales facility will not significantly change the character of the neighborhood.

9.

The processing facility will not be classified as a hazardous waste generator under state or federal regulations.

10.

Sales of products in addition to those grown or processed on the site will be limited to those clearly incidental, secondary and ancillary to those farm products or as declared and approved as a part of the Minor Special Review or Special Review process.

c.

Value added agricultural processing is allowed by right if:

1.

100 percent (by volume) of raw materials to be processed are raised or grown on the site; and

2.

The total processing and/or sales facility is 1200 sq. ft. or less in gross floor area; and

3.

Traffic generation from the value added processing and/or sale of value added processing products is less than 20 vehicle trips/day, including customers, employees and deliveries.

d.

Value added agricultural processing is allowed by minor special review if:

1.

The parcel on which the agricultural use is proposed is 35 acres in area or greater; and

a.

More than 50 percent (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.

The total processing and/or sales facility is between 1201 to 4000 sq. ft. in gross floor area; and

c.

Traffic generation from the value added processing and/or sale of value added processing products is less than 20 vehicle trips/day, including customers, employees and deliveries.

2.

The parcel on which the agricultural use is located is proposed is less than 35 acres; and

a.

More than 50 percent (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.

The total processing and/or sales facility is 1200 sq. ft. or less in gross floor area; and

c.

Traffic generation from the value added processing and/or sale of value added processing products is less than 20 vehicle trips/day, including customers, employees and deliveries.

e.

Value added agricultural processing is allowed by special review if:

1.

The parcel on which the agricultural use is proposed is 35 acres in area or greater; and

a.

Less than 50 percent (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.

The total processing and/or sales facility is more than 4000 sq. ft. in gross floor area; and/or

c.

Traffic generation from the value added processing and/or sale of value added processing products is 20 or more vehicle trips/day, including customers, employees and deliveries

2.

The parcel on which the agricultural use is located is proposed is less than 35 acres; and

a.

Less than 50 percent (by volume) of raw materials to be processed are raised or grown on the site; and/or

b.

Total processing and/or sales facility is between 1200 to 4000 sq. ft. in gross floor area; and/or

c.

Traffic generation from the value added processing and/or sale of value added processing products is 20 or more vehicle trips/day, including customers, employees and deliveries

f.

Site Plan review and approval is required prior to operation for all value added processing and sales facilities unless waived by the planning director.

4.

Agritourism enterprise: Activities conducted on a working farm or ranch and offered to the public for the purpose of recreation, education, or active tourism related involvement in the farm or ranch operation. These activities must be incidental to the primary agricultural operation on the site or related to natural resources present on the property. This term includes farm tours, hayrides, corn mazes, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above. An agritourism enterprise does not include accommodations uses or retail sales.

a.

A farm, sod farm or nursery, tree farm (not including a sawmill) or greenhouse may include an agritourism enterprise as an accessory agricultural use as follows.

b.

The agritourism enterprises must meet the following criteria:

1.

The agritourism enterprise will be clearly incidental to and supportive of the dominant agricultural use of the site.

2.

The agritourism enterprise will be operated by the agricultural facility owner or lessee.

3.

Any outdoor activity will be located at least 100 feet from property lines.

4.

The hours of operation are limited to the hours between 7:00 am and 9:00 pm.

5.

Noise, fumes, dust, odors, vibration or light generated as a result of the agritourism enterprise will, at the property line, be below the volume, frequency, or intensity such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

6.

The agritourism enterprise and operation will serve to preserve or enhance the rural character of the neighborhood or vicinity.

7.

The agritourism enterprise and facilities will not significantly change the character of the neighborhood.

8.

The scale and intensity of the agritourism enterprise and facilities must be consistent with the character of the area.

c.

A temporary agritourism enterprise may be approved by the planning director if the following conditions exist:

1.

The parcel on which the agricultural use is located is proposed is greater than 35 acres; and

2.

Safe and adequate access and parking have been approved by the county engineer; and

3.

Adequate sanitation facilities have been approved by the county health department; and

4.

A specific time frame is established for the use. The maximum length of time for a temporary agritourism enterprise use is four months;

5.

The temporary recreational use is located on the site of an existing agricultural use; and

6.

The applicant submits and obtains approval of a site plan that adequately addresses all the requirements noted above.

d.

An agritourism enterprise facility is allowed by minor special review if:

1.

The agritourism enterprise is operated for more than four months in a calendar year; and

2.

Traffic generation is less than 20 vehicle trips/day, including customers, employees and deliveries.

e.

An agritourism enterprise facility is allowed by special review if:

1.

The agritourism enterprise is operated for more than four months in a calendar year; and

2.

Traffic generation is 20 or more vehicle trips/day, including customers, employees and deliveries: and/or

f.

Site plan review and approval is required for all agritourism enterprise facilities unless waived by planning director

B.

Home occupation. A business use conducted as a customary, incidental, and accessory use in the resident's dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities and retail marijuana establishments.

Home occupations are allowed in all zoning districts by right and by public site plan review as detailed below.

1.

All home occupations must meet the following criteria.

a.

The home occupation may utilize up to 50 percent of the square footage of the dwelling, including the basement and attached garage, not to exceed 800 square feet in the dwelling and attached garage.

b.

The home occupation is conducted in a legally constructed dwelling and/or detached accessory building.

c.

Multiple home occupations are allowed on any lot provided that for all home occupations totaled together, the requirements for a single home occupation are not exceeded.

d.

The home occupation is conducted only by members of the family who reside on the premises plus up to one full time equivalent person who works at the site of the home occupation and does not reside on the premises.

e.

All parking required to accommodate the home occupation must be provided on the site of the home occupation and located outside of required building setbacks.

f.

The home occupation must not change the residential character of the lot or the exterior appearance of the dwelling.

g.

On site retail sales of products produced on the premises may occur only during retail sales events. Retail sales of products clearly incidental, secondary and ancillary to the home occupation may occur throughout the year.

h.

On site retail sales events may occur no more than 30 days in any calendar year.

i.

Any noise, dust, odors, vibration, or light generated as a result of the home occupation must be below, at the property line, the volume, frequency, intensity, duration or time of day such that it does not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

j.

All applicable land use, health, and building codes must be met.

k.

Any property owner who establishes a home occupation is encouraged to complete and sign a Home Occupation Registration Certificate prior to operation.

l.

Vehicle trips associated with the home occupation, except for retail sales events, will not exceed ten trips in any one day.

2.

A home occupation meeting the criteria in subsection 1 and the following additional criteria are allowed by right.

a.

The area used for the home occupation inside the dwelling, the attached garage and the detached accessory building totaled together is no more than 800 square feet.

b.

There is no outside storage associated with the home occupation, except that no more than one vehicle used in the home occupation may be stored outside, and such vehicle must be registered as either a passenger vehicle or light duty truck.

3.

A home occupation meeting the criteria in subsection 1 above and wishing to operate under the following conditions or circumstances may operate if approval is first obtained through the public site plan review process.

a.

Outdoor storage of materials, parts, vehicles, equipment, finished product and other items is allowed if the outdoor storage does not exceed a maximum of 800 square feet of area and will be effectively screened from surrounding properties and public roads.

b.

The area used for the home occupation inside the dwelling, an attached garage, and detached accessory building totaled together is more than 800 square feet but no more than 1,200 square feet. Home occupations using a total area of more than 1,200 square feet are not allowed.

c.

Vehicle trips associated with the home occupation, except for retail sales events, will not exceed ten trips in any one day.

C.

Pet animals. Pet animals are permitted as an accessory use to residential uses. Hobby breeder facilities and foster homes for pet animals are permitted as part of this accessory use.

D.

Backyard chickens. The keeping of up to six chicken hens is permitted as an accessory use to a residential use. The keeping of roosters or more that six chicken hens is prohibited in all zone districts except those that allow farm uses. The following requirements apply:

1.

The chicken hens must be provided with a covered, properly ventilated and predator-resistant chicken coop.

2.

The chicken hens must have access to an outdoor enclosure that is adequately fenced to protect them from predators.

3.

The coop and enclosure are limited to a maximum size of 120 square feet.

4.

The chicken coop and outdoor enclosure shall be regularly cleaned to control dust, odor and waste and not constitute a nuisance, safety hazard, or health problem to surrounding properties.

E.

Storage buildings and garages. Each lot may include detached storage buildings and garages for the sole use of the occupants of the principal building or principal use on that lot. The total ground floor area of all storage buildings and garages on a lot can not exceed ten percent of the lot's net area. Semitrailers with attached running gear (i.e. axels, wheels) can not be used as storage buildings or garages. Only those buildings that are designed, constructed and approved by the Larimer County Building Department as storage buildings or garages may be used for this purpose. Manufactured homes, including pre-1974 mobile homes, cannot be used as storage buildings, barns or garages.

F.

Outside storage of vehicle. Only those vehicles that do not qualify as junk vehicles and are owned by the occupant or owner of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling. These vehicles and agricultural equipment must be located on the lot such that they will not cause traffic sight obstructions or safety hazards.

G.

Child/elderly care home. A facility in a private residence that provides care, protection and supervision of not more than eight children/people according to state requirements.

1.

All parking required to accommodate the child/elderly care home must be provided on the site.

H.

Accessory living area. Finished habitable space that is clearly accessory to the single-family dwelling and located in a detached building or separated from the single-family dwelling such that it does not include interior passage between the accessory living area and the single family dwelling.

a.

Accessory living area in a detached building is subject to review and approval through the public site plan review process in section 6.2;

b.

The single-family character of the property must be maintained;

c.

The total square footage of the accessory living area is limited to 40 percent of the square footage in the single-family dwelling, excluding any garage or basement area, whether finished or not, or 800 square feet, whichever is less;

d.

One additional off-road parking space must be provided for each bedroom in the detached accessory living area;

e.

Building permit applications for accessory living area are subject to all applicable impact fees, including transportation capital expansion fees applicable to a multi-family land use type as defined in section 9.5;

f.

Accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency; and

g.

The accessory living area must not be rented or leased separately from the single-family dwelling.

I.

Extended family dwelling. Living quarters in a manufactured home to be used on a temporary basis to house immediate family members. Any person seeking to place an extended family dwelling on his/her property must obtain a permit as provided below and pay all applicable capital expansion fees. A permit issued for an extended family dwelling is for a term not to exceed three years. Such a permit may be extended for additional three-year periods, provided the conditions noted in subsection 1.b below continue to exist:

1.

A permit for an extended family dwelling to house immediate family members who are elderly or disabled may be administratively issued by the planning director on a finding that all of the following standards have been met:

a.

The lot or parcel on which the extended family dwelling is to be placed contains at least four acres;

b.

At least one occupant of the extended family dwelling is age 65 or older or is disabled. A letter from a licensed physician verifying the disability must be submitted;

c.

The extended family dwelling will be removed within three months from the date of the expiration of the permit unless an application for a land division is submitted; and

d.

A simplified site plan will be required as part of the application.

2.

A permit for an extended family dwelling used to house immediate family members for reasons other than age or disability, or on lots or parcels containing fewer than four acres, may be issued by the county commissioners after a public hearing with notice to property owners within at least 500 feet of the boundaries of the lot or parcel on a finding that the following standards and conditions have been met:

a.

There is a legitimate family hardship that justifies the need for an extended family dwelling;

b.

The extended family dwelling will not substantially adversely impact the surrounding area;

c.

The extended family dwelling will be removed within three months from the date of the expiration of the permit, unless an application for land division is submitted;

d.

All applicable capital expansion fees will be paid; and

e.

In no event will a lot or parcel used for an extended family dwelling be less than four acres, unless public sewer service is used by the principal dwelling and the extended family dwelling; and

f.

A simplified site plan will be required as part of the application.

Note: Permits issued under this subsection are effective for such period of time as the county commissioners determine is appropriate based on the particular hardship after considering all the information presented at the public hearing. The permit may be extended administratively for additional three-year periods, provided the conditions noted in subsection 2.[3.], below continue to exist.

3.

Transportation capital expansion fees must be paid at the time of issuance of a permit for an extended family dwelling. The fee will be computed as equal to 3/20 (15 percent) of the transportation capital expansion fee for a single-family dwelling. This fee covers the three-year duration of the permit. An additional fee in the above amount is required for any subsequent extension of an extended family dwelling permit.

J.

Personal horses. Personal horses for the use of the occupants of the lot and their guests, for purposes other than boarding or training are allowed in all zoning districts that allow single-family dwellings, provided the number of horses does not exceed one horse per one-half acre of lot.

K.

Accessory horse keeping. The keeping of boarded horses conducted as a customary, incidental, and accessory use to a farm, ranch or single-family dwelling unit is allowed as follows:

1.

Accessory horse keeping is allowed in the following zoning districts: 4.1.1. FA-Farming, 4.1.2. FA-1 Farming, 4.1.3. FO-Forestry, 4.1.4. FO-1 Forestry, 4.1.5. O-Open, 4.1.8. RE-Rural estate and 4.1.21. AP-Airport.

2.

The total number of personal horses (refer to [I] above) and boarded horses shall not exceed one horse per half-acre of lot.

3.

Up to 15 weekly trainee visits may be provided.

4.

Up to four boarded horses may be kept on lots ten acres or less.

5.

On lots larger than ten acres the number of boarded horses shall not exceed one horse per two and one-half acres of lot. In no case, shall the number of boarded horses exceed 20.

6.

In lieu of a boarded horse allowed in item 4 or 5 above, two equestrian trainee visits are allowed during a week. In no case, shall the number of weekly equestrian trainee visits exceed 55.

7.

Lights and amplified noise devices associated with outdoor arenas must be turned off by 9:00 p.m. if the arena is located within 250 feet of a neighboring residence.

8.

Outdoor storage of horse trailers is allowed as follows:

a.

Only those trailers that are for use by owners of the property and/or boarded horses may be stored.

b.

No more than one trailer per horse residing on the property is allowed.

c.

All horse trailers shall be licensed and operable.

9.

Best management practices. Property owners conducting accessory horse keeping activities are encouraged to prepare a resource stewardship plan and utilize appropriate best management practices to address potential environmental and compatibility impacts of the use. A resource stewardship plan may include best management practices for the management of water quality, storm water, soil erosion, manure, dust, pasture vegetation, pests, wildlife, and weeds.

10.

Any property owner who establishes accessory horse keeping may complete and sign an accessory horse keeping registration certificate. The accessory horse keeping registration certificate helps to ensure a public record that will support the property owner in the event of a complaint.

L.

Business accessory dwelling units. A single-family dwelling unit for an owner, operator, caretaker or employee of the principal use or business located on the lot is allowed in the RFLB-Red Feather Lakes Business zoning district.

1.

One business accessory dwelling unit per lot is allowed.

2.

A minimum of one off-street parking space shall be provided for an accessory business dwelling unit containing 800 square feet of gross floor area or less and two off-street parking spaces for a unit greater than 800 square feet, in addition to the required parking for the principal use or business.

3.

The accessory dwelling unit shall be occupied only by the owner, operator, caretaker or an employee of the principal use, plus his or her immediate family.

4.

Site plan approval is required.

M.

Accessory outdoor commercial storage. The storage of materials, equipment, products and any other goods that are clearly incidental and subordinate to the principal business, commercial or industrial use of the property. Parking of employee and customer vehicles is not accessory outdoor commercial storage. Accessory outdoor commercial storage areas that cannot meet all the following requirements require review and approval through the public site plan review process.

1.

Accessory outdoor commercial storage areas must be effectively screened from any adjacent property zoned to allow residential uses (See section 8.5, landscaping).

2.

Accessory outdoor commercial storage areas cannot cover an area larger than the principal building on the site or 50 percent of the total area of the site, whichever is greater.

3.

Accessory outdoor commercial storage areas must be maintained in a orderly manner with no junk, trash or debris.

4.

Adequate emergency access lanes must be maintained around and through the storage area.

5.

Accessory outdoor commercial storage must be outside any parking, traffic circulation, right-of-way and/or landscaping area that serves the site.

6.

Accessory outdoor commercial storage must be outside the sight triangle at any intersection or driveway as determined by the urban area street standards or the rural area road standards.

7.

Accessory outdoor commercial storage is permitted only in the C-Commercial, I-Industrial and I-1 Industrial zoning districts or in conjunction with any use that is approved through the minor special review, special review or special exception processes when the accessory outdoor storage is specifically approved as part of the application or when the expansion of a nonconforming business, commercial or industrial use is approved pursuant to section 4.8.10 and the approval specifically includes accessory outdoor storage or when the accessory outdoor storage is specifically approved as part of a PD, planned development zoning district.

N.

Accessory outdoor display and sales. The outdoor display of merchandise for sale and which outdoor display is clearly secondary and incidental to the principal use of the property.

1.

The accessory outdoor display area must be outside any parking, traffic circulation, right-of-way and/or landscaping area that serves the site.

2.

The accessory outdoor display area must be outside the sight triangle at any intersection or driveway as determined by the urban area street standards or the rural area road standards.

3.

The accessory outdoor display area cannot be any larger than the square footage of the principal building on the lot.

4.

Accessory outdoor display areas must be effectively screened from any adjacent property zoned to allow residential uses (See section 8.5, landscaping).

5.

Accessory outdoor display and sales items are displayed outdoors only when the principal use is open for business.

6.

Accessory outdoor display and sales is permitted only in the T-Tourist, B-Business, C-Commercial, I-Industrial and RFLB Red Feather Lakes Business zoning districts or in conjunction with any use that is approved through the Minor Special Review, Special Review or Special Exception processes when the display and sales is specifically approved as part of the application or where the display and sales is specifically approved as part of the expansion of a nonconforming retail use pursuant to section 4.8.10 or the accessory outdoor display and sales is specifically approved as part of a PD, planned development zoning district.

O.

Accessory wind generator. Each lot may include a wind generator for the use of the property owner. An accessory wind generator that cannot meet all the following standards requires review and approval through the public site plan review process. A wind generator must meet the following standards:

1.

One wind generator per lot is allowed.

2.

The lot must be at least one acre.

3.

The hub height of the wind generator must not exceed 40 feet. The height of a vertical axis turbine is measured at the top of the generator.

4.

The wind generator must be setback from property lines, public rights-of-way and access easements at least two times the hub height of the generator.

5.

The wind generator must be painted or coated a non-reflective white, grey or other neutral color.

6.

The wind generator must not be artificially illuminated.

7.

The wind generator must not be used to display advertising.

8.

Electrical controls must be wireless or underground and power lines must be underground except for an interconnection to an existing above ground power grid.

9.

Noise emanating from the wind generator must be in compliance with Larimer County Code Chapter 30, Article V, Noise.

P.

Accessory rural occupation. A use conducted as customary, incidental, and accessory to either a single family dwelling or an agricultural use. An accessory rural occupation may include business uses such as the repair of agricultural equipment or the use of agricultural equipment for excavating, etc., but may not include any of the uses specifically listed in item 4 below. Accessory rural occupations are intended to support agricultural and rural enterprises with reasonable operational characteristics, scale, and intensity so that they function as accessory to the principle use on the property without negatively impacting the enjoyment of life, investments and rural living expectations on neighboring properties. A use that does not meet the criteria for accessory rural occupations is not considered an accessory rural occupation and must meet other applicable use requirements.

Accessory rural occupations are allowed by right and by public site plan as detailed below.

1.

All accessory rural occupations must meet the following criteria:

a.

The lot is outside a Growth Management Area Overlay zoning district.

b.

The lot is within the FA-Farming, FA-1 Farming, FO-Forestry, FO-1 Forestry, O-Open, or RE-Rural Estate zoning districts.

c.

Any noise, fumes, dust, odors, vibration, or light generated as a result of the accessory rural occupation must, at the property line, be below the volume, frequency, or intensity, duration or time of day such that they do not unreasonably interfere with the enjoyment of life, quiet, comfort or outdoor recreation of an individual of ordinary sensitivity and habits.

d.

All applicable land use, health, and building codes must be met, including special events regulations.

e.

The accessory rural occupation is conducted by the owner or lessee of the principle use (single family dwelling or agricultural use) of the property.

f.

Retail sales of products clearly incidental, secondary and ancillary to the accessory rural occupation, including on site sales of products produced on the premises, may occur throughout the year.

g.

On site retail sales events may occur no more than 30 days in any calendar year.

h.

Multiple accessory rural occupations or home occupations, or a combination of the two, are allowed on any lot provided that for all totaled together, the requirements for a single accessory rural occupation are not exceeded.

i.

Any property owner who establishes an accessory rural occupation is encouraged to complete and sign an Accessory Rural Occupation Registration Certificate prior to operation.

2.

An accessory rural occupation meeting the criteria in subsection 1 and the following additional criteria are allowed by right.

a.

The lot is at least 5 acres in size.

b.

The accessory rural occupation may utilize up to 50 percent of the square footage of the single family dwelling. The area used for the accessory rural occupation inside the single family dwelling, detached building(s), or totaled together is no more than 5,000 square feet. Any noise generating activity, to the extent practicable, must be indoors.

c.

The accessory rural occupation must not significantly change the character of the lot, single family dwelling, or neighborhood. All outdoor activity associated with the accessory rural occupation including any storage of vehicles, equipment, employee parking, etc., must:

(1.)

Not exceed 2,500 square feet.

(2.)

Be at least 100 feet from the property lines.

(3.)

Be effectively buffered to the extent practicable from existing residences on adjacent lots.

d.

The total number of vehicle trips associated with the accessory rural occupation including the traffic associated with employees and customers must not exceed 10 trip ends on any given day (5 vehicles entering and 5 vehicles leaving the site) except for retail sales events,

3.

An accessory rural occupation meeting the criteria in subsection 1 and wishing to operate under the following conditions and circumstances may operate if approval is first obtained through the public site plan process.

a.

The lot is at least 2 acres in size.

b.

The area used for the accessory rural occupation inside the single family dwelling or detached outbuildings totaled together is no more than 10,000 square feet. Any noise generating activity, to the extent practicable, must be indoors.

c.

The accessory rural occupation must not significantly change the character of the lot, single family dwelling, or neighborhood. All outdoor activity associated with the accessory rural occupation including any storage of vehicles, equipment, employee and customer parking, etc.:

(1.)

Must not exceed 5,000 square feet.

(2.)

Setbacks and buffering may be required based on the proposed use and the location of the proposed use on the lot.

d.

The total number of vehicle trips associated with the accessory rural occupation including the traffic associated with employees and customers must not exceed 20 trip ends on any given day (10 vehicles entering and 10 vehicles leaving the site) except for retail sales events.

e.

Public site plan applications for accessory rural occupations are subject to all applicable transportation capital expansion fees associated with the use and the number of vehicle trips generated by the use.

4.

Uses specifically prohibited as accessory rural occupations include: accommodation uses, adult uses, auto body or paint shops, community halls, general industrial uses, hazardous material storage and/or processing, flea markets, general retail, junkyards, pet animal facilities with outdoor use, shooting ranges, solid waste disposal or transfer centers, uses prohibited by state or federal law, value-added agriculture, uses classified as hazardous waste generators under state or federal legislation, and outdoor storage of recreational vehicles, boats and other large items, and retail marijuana establishments.

Q.

Accessory solar energy system. Each lot may include a solar energy system designed to supply power to the principle use(s) on the lot. A solar energy system that cannot meet all the following standards requires review and approval through the public site plan review process. An accessory solar energy system must meet the following standards:

1.

Building mounted system:

a.

The solar energy system components must be mounted as flush to roof or structure as practicable.

b.

The building mounted solar energy system may exceed the maximum height allowed by the zoning district by five feet.

2.

Ground mounted system:

a.

The minimum setbacks for a ground mounted system are the same as the minimum building setbacks in the underlying zoning district.

b.

The height of the solar energy system cannot exceed 15 feet.

c.

The total area of the ground mounted solar energy system cannot exceed ten percent of the lot's net area. The ground mounted system may exceed five acres as long as the system is sized for the power consumption of the principle use on the lot.

( Note: This is in addition to any building mounted solar energy system.)

(Res. No. 06172003R009, 6-17-2003; Res. No. 03302004R001, § 1(Exh. A), 3-15-2004; Res. No. 12062005R012, Exh. A, Item 1, 12-6-2005; Res. No. 05022006R001, Exh. A, 5-2-2006; Res. No. 09122006R002, Exh. A, 9-12-2006; Res. No. 04102007R018, Exh. A, 4-10-2007; Res. No. 08212007R002, Exh. A, 8-21-2007; Res. No. 08212007R004, Exh. A, 8-21-2007; Res. No. 01292008R003, Exh. A, 1-29-2008; Res. No. 06032008R003, Exh. A, 6-3-2008; Res. No. 10282008R004, Exh. A, 10-28-2008; Res. No. 02172009R010, Exh. A, 2-17-2009; Res. No. 07212009R002, Exh. A, 7-21-2009; Res. No. 01192010R003, § 6, 1-4-2010; Res. No. 05182010R008, Exh. A, 4-12-2010; Res. No. 08102010R001, Exh. A, 8-10-2010; Ord. No. 12072010R004, Exh. A, 12-7-2010; Res. No. 05312011R019, Exh. A, 5-31-2011; Res. No. 06212011R002, Exh. A, 6-21-2011; Res. No. 07192011R004, Exh. A, 7-19-2011; Res. No. 01242012R001, Exh. A, 1-24-2012; Res. No. 02142012R001, Exh. A, 2-14-2012; Res. No. 10222013R003, Exh. A, §§ 7, 8, 10-22-2013; Res. No. 07222014R004, Exh. A, § 9, 7-22-2014; Res. No. 12152015R002 , Exh. A, § 1, 12-15-2015)