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Accessory Use in Front Yard

Jeff

Cyburbian
Messages
4,161
Points
27
What do you think about an accessory use (detached garage) in a front yard (closer to the street than the house). There is nothing in the municipality's ordinance prohibiting it when proposing village houses.

Is this just an "implied" regulation that accessory uses should be in the rear or side of a dwelling?
 

Chet

Cyburbian Emeritus
Messages
10,624
Points
33
No such thing as an implied regulation

It's either prohibited or it's not, right?
 

Habanero

Cyburbian
Messages
3,241
Points
27
Hmmm

I would think if you didn't want to allow it, you could see if the accessory building is over the building line or if they were going to need a driveway to the building (implied use of garage) it would be going over any easements and what type of paving they would need to satisfy the zoning ordinance as well. Is it a corner lot where you would need to consider the visibility easement?
Just some thoughts-
 

Catrin

Cyburbian
Messages
23
Points
2
Working with VERY OLD regs. I've run into similar problems. Accessory buildings are allowed within 5' of side and rear setbacks...no mention of front. So we interpret the ordinance to say that if it is in the front yard, it must meet the primary use set back.

Recently we had someone come in with a detached guest house in the front yard which was visually attached by a courtyard and wall, all in SW adobe style. It will be interesting to read what the planner recommends and what Pl commission votes.
 

Jeff

Cyburbian
Messages
4,161
Points
27
Basically what i am dealing with is a garage that is closer to the front yard setback line than the house. There is nothing in the ordinance that prohibits this, but I'm just not too sure if I like it. There is a mention that accessory uses shall be subordinate to the primary use. That's where I get the "implied" from. Does subordinate mean behind?
 

giff57

Corn Burning Fool
Staff member
Moderator
Messages
5,384
Points
31
Mike DeVuono wrote:
There is a mention that accessory uses shall be subordinate to the primary use. That's where I get the "implied" from. Does subordinate mean behind?
Interesting interpetation, but no, I do not think it means behind. It just means that it has to be an accessory to the primary use. So one would not be permitted to build the garage with no primary use. I would be suggesting adding "accessory building are not permitted in tghe front or side yards" to your ordinance before you get inferatsed with these things.
 

Glomer

Member
Messages
207
Points
9
In our ordinance, we consider attached garages as part of the principal use, therefore the garage part of the structure can actually be in front of the house.....it just has to meet the 30' building setback. As for detached structures, they must be at the side or behind the principle structure. I would advise changing your regs........would give you more of a backbone, as opposed to just saying that you think your ordinance implies that accessory uses shouldn't be allowed in the front yard.
 
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