OCT. 24, 1996 - Laserfiche WebLink

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~ Accessory Uses are found in Section 3.3 page 32 of the Mooresville Zoning Ordinance. Under Section 3.3(B)2 it states that "accessory buildings shall not be erected prior to the principal building except buildings used for farming purposes or where there is common ownership with adjoining lot which has a principle building already constructed on the one lot. " And (4) "no accessory building shall be located in front of the primary structure in a Residential District. " Under Section 1.4 "General Definitions. Accessory building is defined as a subordinate building or structure located on the same lot as a principle building which does not alter or change the character of the premises and which is not used for human occupancy." It is my feeling that a garage would be an accessory building. This is further supported by the definition of garage on page 8 which reads: "an accessory building with capacity for not more than three (3) motor vehicles per family, not more than one (1) of which may be a commercial vehicle of not more than one and one-half (1 1/2) ton capacity. A garage designed to house two (2) motor vehicles for each family housed in an apartment shall be classified as a private garage." Under the definition of accessory building it references that the subordinate building or structure shall be located on the same lot as the principle building. I feel this statement is consistent with the Accessory Uses Section on page 32 which requires accessory buildings not to be erected before the principle building except in those buildings used for farming purposes or in the situation where there is common ownership with the adjoining lot which has a principle building already constructed on that lot. A comprehensive reading of the Accessory Uses under Section 3.3 "Property Development Standards" shows that paragraph (2) applies to all districts; paragraph (3) requires that the accessory buildings conform to the setback requirements for the respective districts; and lastly paragraph (4) applies specifically to Residential Districts. It would be my opinion that the specific language restricting the construction of accessory buildings in front of the primary structure in a Residential District would prohibit the construction of a garag~ in front of the primary structure in a Residential District without a variance. Where there will not be a primary structure constructed on the lot then the "common ownership" under Subsection B(2) would apply. However, if a residence was to be constructed on the other lot where the garage is located at a later date then it would have to be constructed in a manner where the garage was not in front of the primary structure. '-