SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN

(See Interpretations related to this Section.)

(a) Purpose. The purpose of this Section 204.3 is to regulate Accessory Uses other than Dwellings in C, RC, M, and PDR Districts, so as to permit related Accessory Uses while restricting uses incompatible with the purpose or detrimental to the character of a district.

(b) Controls. An Accessory Use to a lawful Principal or Conditional Use is subject to the following limitations:

(1) Floor Area Limitations. An Accessory Use may not occupy more than one-third of the total Floor Area occupied by such use, any additional accessory uses, and the Principal or Conditional Use to which it is accessory, except in the case of:

(A) accessory off-street parking or loading;

(B) accessory wholesaling, manufacturing, or processing of foods, goods, or commodities; and

(2) Noise and Vibration Limitations. Any noise, vibration, or unhealthful emissions may not extend beyond the premises of the use.

(3) Limitations on Cannabis Retail Accessory Uses. The sale of cannabis as an Accessory Use is subject to any applicable limitations or regulations imposed by the Office of Cannabis. Cannabis Retail is not permitted as an Accessory Use unless the Cannabis Retail establishment holds a permit from the City’s Office of Cannabis specifically permitting Cannabis Retail accessory to another activity on the same premises.

(4) Accessory Catering Use to Restaurants and Limited Restaurants. Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Restaurants and Limited Restaurants.

(5) Retail Uses Accessory to PDR Uses in PDR Districts. Multiple PDR uses within a single building or development may combine their accessory retail allotment into one or more shared retail spaces, provided that the total allotment of accessory retail space per use does not exceed what otherwise would be permitted by this Section 204.3.

(6) Antennas in C, M, and PDR Districts. An antenna or a microwave or satellite dish shall be permitted in, C, M, and PDR Districts, except PDR-1-B Districts, without regard to the height of such antenna or microwave or satellite dish and without regard to the proximity of such antenna or microwave or satellite dish to any R District, if the following requirements are

met:

(A) the antenna or dish will be used for the reception of indoor wireless, microwave, radio, satellite, or television broadcasts for the exclusive benefit of the residents or occupants in the building on which the facility is placed;; [1]

(B) the antenna or dish is an accessory use to a lawful principal or conditional use; and; and [1]

(C) the antenna or dish shall comply with any applicable design review criteria, including but not limited to any applicable design review criteria contained in the Wireless Telecommunications Services Facility Siting Guidelines.

This subsection (6) shall not apply to an antenna or a microwave or satellite dish that complies with the Federal Communications Commission’s Over the Air Receiving Device rules.

(d) [1 ] Prohibition of Accessory Adult Sex Venues. Adult Sex Venues as defined in Section 102 of this Code are not permitted as an accessory use.

(e) Accessory Storage in C Districts. Accessory storage on the second floor and above is permitted for stock and trade relating to retail uses with street level storefronts in the same building. There shall be no limitation on the square footage of accessory storage as long as the storage supports a ground floor use in the same building.

(f) Prohibition of Non-Cannabis Parcel Delivery Service as Accessory Use. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use.

(Amended by Ord. 111-80, App. 3/28/80; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024)

AMENDMENT HISTORY

[Former] division (d) amended; Ord. 71-14, Eff. 6/22/2014. Section header and division (a) amended; former divisions (a)(1)-(3) and (5) deleted, former division (a)(4) redesignated as (a)(1) and amended, and new division (a)(2) added; former divisions (b) and (c) deleted and former division (d) redesignated as (b) and amended; Ord. 232-14, Eff. 12/26/2014. Section header amended; Ord. 22-15, Eff. 3/22/2015. Division (c) added; Ord. 166-16, Eff. 9/10/2016. Divisions (a)-(a)(2) amended; division (a)(3) added; divisions (b) and (c)-(c)(2) amended; Ord. 229-17, Eff. 1/5/2018. Division (a)(4) added; Ord. 196-18, Eff. 9/10/2018. Division (d) added; Ord. 75-22, Eff. 6/13/2022. New division (a) added; former divisions (a)-(a) (4), (b), and (c)-(c)(3) amended as (b)-(b)(6)(C); Ord. 70-23, Eff. 6/3/2023. Division (e) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (f) added; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024; and Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024.

CODIFICATION NOTE

1. So in Ord. 70-23.