Gainesville › Unified Land Development Code
Article 9 — Use Provisions, Chapter 9-10 — ACCESSORY USE STANDARDS
§ 9-10-1
General Standards.
(a)Allowed accessory uses include those listed in this section and additional accessory uses as interpreted by the Director.
(b)Accessory uses, buildings, and structures shall be located in a rear yard or side yard, except for well houses which may be located in front yards.
(c)Accessory buildings shall not exceed 24 feet in height and two stories, or the height of the principal residential building, whichever is less.
(d)The area of an accessory building or structure shall not exceed 50% of the footprint of the principal building to which it is accessory. Where more than one accessory building or structure is provided on a given lot, the total area of all accessory buildings or structures shall be included.
(e)Any accessory building or structure exceeding 200 square feet shall be constructed of exterior materials compatible to the primary structure.
(f)If metal roofs are used, they shall not reflect light any more than the siding material used on the same building.
(g)When an accessory building is attached to a principal building by a breezeway, passageway, or similar means, the accessory building shall be considered part of the principal building.
§ 9-10-2
Accessory Apartment.
(a)Only one accessory apartment shall be permitted on a lot. An accessory apartment shall not be permitted on the same lot as a home occupation.
(b)One additional off-street parking space is required and shall be located to the side or rear yard.
(c)At least 300 square feet of heated floor area shall be provided per adult occupant.
The heated floor area for an accessory apartment shall be at least 300 square feet and shall not exceed 900 square feet or the size of the principal dwelling, whichever is less.
(d)The entrance to an accessory apartment shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.
(e)Accessory apartments, whether attached or detached, shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) substantially similar to those on the principal dwelling.
(f)The Hall County Environmental Health Department must certify that the septic tank facilities meet applicable countywide health rules; or if served by public water and/or sanitary sewer, the Gainesville Public Utilities Department must certify those utilities are adequate to serve both the principal dwelling and the accessory apartment.
(g)Either the accessory apartment or the principal dwelling unit shall be owner-occupied.
§ 9-10-3
Accessory Parking.
(a)Accessory parking in nonresidential districts is subject to the following standards:
(1)Parking areas shall not be used for the repair or dismantling of any vehicle, equipment, materials, or supplies.
(2)Parking areas shall not be used to store vehicles for sale, except for vehicular sales establishments. This provision shall not apply to the placing of a "For Sale"
sign on or in one licensed vehicle, located in a private residential driveway and which licensed vehicle, boat, or other vehicle is owned by an occupant of said private residence.
(3)An attendant's shelter may be permitted for parking in nonresidential zoning districts, provided that such structure does not contain more than 50 square feet of gross floor area and is located at least 25 feet from the public right-of-way.
(b)Accessory parking in residential districts is subject to the following standards:
(1)The parking of automobiles is permitted in garages, carports, or outdoors, provided that no more than four automobiles shall be parked in the front yard of a lot.
(2)Parking is permitted only in designated hard surfaced areas with concrete or asphalt surfacing, unless granted relief by the Public Works Director to use alternative pervious materials due to environmental impacts. Parking is not permitted on grassed or landscaped areas.
(3)The parking or storage of commercial vehicles or recreational equipment or vehicles is not permitted on any vacant residential lot.
(4)In residential zoning districts, recreational equipment such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles may be parked or stored only in side yards, rear yards, carports, or in an enclosed building. If stored regularly in a side or rear yard, the vehicle and vehicle storage area shall be screened from view from abutting properties.
i.Recreational vehicles may be parked or stored anywhere on residential premises except within a required front yard for a period not to exceed 72 hours.
(5)It shall be unlawful to park or store commercial vehicles, including but not limited to dump trucks, delivery trucks, buses or school buses in front yards of residential zoning districts. One commercial vehicle may be parked or stored in a side or rear yard of a lot in a residential zoning district, but if stored regularly in a side or rear yard, the vehicle and vehicle storage area shall be screened from view from abutting properties and parked on a hard-surfaced area. Administrative relief may be given by the Public Works Director to use alternative pervious materials due to environmental impacts.
§ 9-10-4
Caretaker Residence.
(a)The Director may approve one residence or dwelling with a minimum gross floor area of 600 square feet within a principal building or in an accessory dwelling unit on the site of a commercial or industrial establishment as an accessory use, provided that the applicant supplies evidence of the need for full-time security or 24-hour on-site management.
§ 9-10-5
Community Recreation Facility.
(a)Community recreation facilities must be platted when a part of a subdivision or part of the development plan for a multi-family residential development.
(b)All exterior lighting shall require a lighting plan to be submitted and approved prior to installation in accordance with Chapter 13-7 of this ULDC.
(c)Swimming pools and tennis courts shall be setback a minimum of 25 feet from all property lines, with a minimum 10-foot-wide landscape strip along all property lines in accordance with Section 13-2-4 of this ULDC.
(1)All swimming pools must be completely surrounded by an enclosure. The enclosure must be an unclimbable fence, wall or building at least 4 feet in height.
Fences or walls must have a self-closing, latching gate which must remain locked when the pool is not in use.
(d)Buildings (excluding accessory structures) shall be setback a minimum of 25 feet from the property line. If outdoor patio or decks are provided, they shall be located no closer than 25 feet from the property line of the tract and a minimum 10-foot-wide landscape strip shall be provided between said outdoor patio or deck and the property line.
(e)Parking shall be provided per the requirements of Chapter 13-4 of this ULDC.
§ 9-10-6
Drive-Through Facility.
(a)No drive-through may be located within 20 feet of a residential district or use.
(b)When located adjacent to a residential zoning district or use, volumes must be monitored and controlled to minimize audible sound from any loudspeaker at the property line. Prior to operation, or to mitigate unwanted noise after commencement of a drive-through operation, the Director may require noise attenuation to be installed on the site with the exterior loudspeaker, if volumes cannot be reduced below those audible at the property line, or if buffers are inadequate to mitigate noise from the exterior loudspeaker.
§ 9-10-7
Family Day Care Home.
(a)A family day care home shall be subject to the standards for home occupations in Section 9-10-9 of this ULDC.
§ 9-10-8
Guest House.
(a)Only one guest house shall be permitted on a lot.
(b)The guest house shall have an architectural design and exterior building materials that are compatible with the principal building. The guest house shall meet all building code requirements.
(c)A guest house shall be permitted only on a lot having at least 21,780 square feet in area (0.5 acres).
(d)The guest house must be located to the rear of the principal building and separated by a distance of at least 20 feet.
(e)The heated floor area of the guest house may not exceed the size limitations of Section 9-10-1.
(f)Guest houses shall not be rented or otherwise used as a dwelling, except for non-paying guests or domestic employees residing on the premises.
§ 9-10-9
Home Occupations.
(a)General Provisions.
(1)No more than two home occupations may be established in a single dwelling.
(b)Physical Limitations.
(1)The gross floor area of a dwelling unit devoted to a home occupation shall not exceed 1,000 square feet or 30% of the gross floor area of the dwelling, whichever is less.
(2)An accessory building may be used for the home occupation, but in no case shall the total area within the accessory building devoted to such use be greater than 500 square feet.
(3)If part of the dwelling unit and an accessory building are devoted to a home occupation, no more than 1,000 square feet of combined gross floor area shall be used for such activity.
(c)Alterations to the Dwelling.
(1)No external alterations inconsistent with the residential use of the dwelling or accessory building are permitted.
(d)Vehicles kept on site in association with the home occupation shall be used by residents only. Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation. Incoming vehicles related to the home occupation, if any, shall be parked within the confines of the residential driveway or other on-site permitted parking.
(e)There shall be no nonresident persons on the premises in conjunction with the home occupation, except for family day care homes. Home occupations including medical, professional or personal services uses involving visits by patrons shall require special use approval from the governing body and shall be limited to no more than two nonresident persons on the premises at the same time in conjunction with the home occupation whether they are students, clients, patients, or customers.
(f)The transporting of goods by commercial truck in connection with a home occupation is prohibited.
(g)No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive or that creates a nuisance.
(h)There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood.
(i)No equipment that interferes with radio or television reception shall be allowed.
(j)Home occupations must exclude the use of machinery or equipment that emits sound that is detectable by normal human senses beyond the property. Chemical, electrical, or mechanical equipment that is not customarily a part of domestic or household equipment and which is used primarily for commercial purposes is prohibited.
(k)There shall be no signs permitted in conjunction with a home occupation, whether placed on the premises or on a vehicle parked on the premises. This shall not be construed as limiting a property owner from erecting signs permitted on the lot pursuant to Article 14 of this ULDC.
(l)Only occupants of the dwelling and on additional employee, consultant, or agent or subcontractor shall be authorized to work on the premises in connection with a home occupation. Any occupational licenses, including business registrations, required by the state or city must be obtained. Proof of state registration, if required for the home occupation, shall be submitted prior to the issuance of a business registration.
(m)There shall be no activity associated with the home occupation visible outside the dwelling.
(n)There shall be no exchange of merchandise of any kind on the premises. Incidental storage of products which must be mailed or shipped to the customer is permitted.
(o)The following uses are specifically prohibited as home occupations:
(1)Vehicular sales, service or repair, except for off-site or mobile operations;
(2)Eating and drinking;
(3)Animal care, indoor or outdoor;
(4)Commercial or catering kitchen;
(5)Funeral homes;
(6)Retail or wholesale shops;
(7)Machine shops;
(8)Special event facilities; and
(9)Lodging services.
(p)All home occupations shall be subject to the Director’s approval. The applicant for a home occupation shall file for approval from the Director on forms provided by the city. Information required by the Director to approve a home occupation may include but is not limited to the following:
(1)Address and reference to recorded plat.
(2)A site plan of the lot on which a home occupation is proposed, showing the location of the principal building, accessory building if proposed to be used in conjunction with the home occupation, and parking areas. The Director may require the site plan to be based on a boundary survey or on an engineering scaled plat.
(3)Written narrative which shall at minimum describe the home occupation (use), hours of operation, and generally how the home occupation complies with this Chapter.
(q)The provisions of this Chapter may be modified or varied pursuant to application by the property owner for a special use, according to procedures specified in this ULDC.
§ 9-10-10
Keeping of Horses.
(a)At least 2 acres of land is required for each horse or equine stabled on the property.
(b)No building or structure for keeping horses or equines may be permitted within 200 feet of any property line.
§ 9-10-11
Outdoor Dining.
(a)Outdoor dining shall not encroach upon any public right-of-way, except as otherwise allowed by this ULDC.
(b)When located adjacent to a sidewalk, outdoor dining shall not impair the ability for pedestrians to use the sidewalk.
§ 9-10-12
Outdoor Display Areas.
(a)Outdoor display areas shall not be located within designated parking areas.
(b)Accessory outdoor display shall be limited to a maximum of 5% of the area of the primary structure.
§ 9-10-13
Outdoor Storage.
(a)Outdoor storage shall be located to the side or rear of the principal use.
(b)Outdoor storage areas shall be screened from view by a fence or wall at least 6 feet in height.
(c)Accessory outdoor storage shall not exceed the enclosed floor area of the principal use.
(d)Except for junk/salvage yards and wrecked motor vehicle compounds, it shall be unlawful to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, used appliances, or any other miscellaneous scrap material that is visible from a public street or adjacent or abutting property.
§ 9-10-14
Poultry Raising
(a)All poultry raising on residential property shall meet the requirements of the Gainesville Code of Ordinances, Part II, Title 4, Article II.
§ 9-10-15
Private Swimming Pool, Hot Tub, or Spa
(a)Swimming pools, hot tubs, or spas accessory to single-family dwellings are allowed in rear or side yards.
(b)All swimming pools, hot tubs, or spas shall be located at least 10 feet from any property lines.
(c)Swimming pools must be enclosed by a fence or wall at least 4 feet in height and maintained in good condition with a lockable gate. This requirement may be waived by the Director when the subject property is already fenced or enclosed.
§ 9-10-16
Retail or Restaurant, Accessory
(a)Accessory retail or restaurant uses shall be limited to no more than 15% of the gross floor area of the building.
(b)The activity must be conducted wholly within the building in which the principal use is located.
(c)No merchandise shall be stored or displayed outside the structure in which the principal use is located.
(d)The public entrance or entrances to the activity shall be from a lobby, hallway, or other interior portion of the structure in which the principal use is located, except for restaurants located within an office building or hotel which shall be permitted one exterior public entrance.