§ 4.2.3. Customary accessory uses to a dwelling.Each of the following uses is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory.

Customary home occupations and associated uses, including hobbies and retirement avocations, require a Special Use Permit only if within a residence or an additional structure is required on the property. Any customary accessory residential use is allowed that does not conflict with the general appearance of a residential community, with specific restrictions as follows:

a.

Private garage not to exceed the following storage capacities; one or two-family dwelling, four automobiles; multi-family dwelling, two automobiles per dwelling unit; group dwelling, 1½ automobiles per sleeping room.

b.

Outdoor parking area for motor vehicles, provided that such space does not exceed the maximum respective storage capacities listed in (1)[a.] above; and provided that such space shall not be used for more than one commercial vehicle per family residing on the premises.

c.

Detached Home Office and/or Studio for exclusive use by the residence owner or immediate family members as occupants of the residence, provided such space is incorporated within a detached garage, guest quarters, or storage facility and can meet all rear and side setback requirements.

d.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

e.

Children's playhouse and play equipment.

f.

Non-commercial greenhouse.

g.

Quarters for the keeping of pets owned by occupants for non-commercial purposes provided that such use does not generate a nuisance to adjoining properties.

h.

Private recreational facility, such as a swimming pool and bathhouse or cabana, tennis court, deck or patio. These uses shall conform to the minimum setback requirements for principal buildings in each zoning district. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with applicable health department regulations. Pools must be enclosed by a six-foot fence or wall with a locking gate.

i.

Accessory uses in an apartment development may include laundry facilities for the convenience of residents which are housed in a primary use structure.

j.

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

k.

Guest Houses. Where otherwise permitted, a guesthouse must comply with the following:

(1)

The guesthouse must be an accessory use to a single-family detached dwelling already existing on the lot.

(2)

The guesthouse must meet or exceed the Standards of this Code for class A Single-Family Dwellings.

(3)

A guesthouse shall be permitted only on a lot having at least 20,000 square feet in area.

(4)

The guesthouse must be placed to the rear of the main house at least 20 feet away.

(5)

No more than one guesthouse may be located on any lot.

(6)

The building floor area of the guesthouse may not exceed 50 percent of the floor area of the main house.

l.

Residential Home Office.

(1)

Permitted Activities. A residential home office shall be limited to the personal conduct of a business within one's place of residence. There shall be no exterior indication that the business activity is taking place, including signage. This provision is intended to allow work to be conducted at home by individuals employed by an offsite employer.

These provisions do not apply to dwellings that are located on properties where agricultural activities are the principal use.

(2)

Limitations on Size and Location.

(a)

Not more than 25 percent, not to exceed 300 square feet of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the home office.

(b)

The use shall be carried on wholly within the principal building. The attachment of an accessory building by a breezeway, roof, or similar structure shall not be deemed as sufficient for the accessory building to be considered as a portion of the primary building.

(c)

There shall be no activity or display associated with the home office outside of any building or structure.

(d)

There shall be no alteration of the residential character of the building or premises.

(3)

Activity Controls.

(a)

Sales. There shall be no exchange of merchandise of any kind on the premises.

(b)

Transfer of goods. There shall be no goods, products or commodities received on the premises.

(c)

Personal services. There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities.

(d)

Employees. There shall be no associates or employees on the premises other than other members of the family who reside on the premises.

(e)

Outsiders and nonresidents on the premises. There shall be no non-resident persons on the premises in conjunction with the home office.

(4)

Parking.

(a)

There shall be no parking spaces provided or designated specifically for the home office other than as is required for the residence.

(b)

No equipment or business vehicles may be stored or parked on the premises except that one business vehicle (the carrying capacity of which shall not exceed 1 ½ tons) used exclusively by the resident may be parked in a carport, garage, or rear or side yard.

(5)

Signs. Signage shall comply with the sign standards for residential districts contained in Article 5—"Sign Regulations."

m.

Residential Business. Residential businesses shall meet the requirements of "home office" above with the following additional exceptions:

(1)

Permitted Activities.

(a)

Approved activities may be engaged in by persons who reside on the premises of the residential business and who are appropriately qualified and licensed, including business licenses where required:

1)

Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craft-makers), musicians, writers and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing.

2)

Business. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.

(2)

Limitations on Size and Location.

(a)

Not more than 25 percent of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the residential business.

(b)

Accessory buildings and structures may be used for the residential business, but in no case shall the total area of the accessory structure devoted to such use be greater than 500 square feet.

(c)

If parts of the dwelling unit and an accessory structure are devoted to a residential business, no more than 1,000 square feet of combined gross floor area shall be used for such activity, including no more than 30 percent of the gross floor area of the dwelling unit.

(3)

Activity Controls. There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a direct result of the residential business.

(4)

Personal Services. There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities unless specifically permitted as part of the Special Use approval.

(5)

Outsiders and nonresidents on the premises. There shall not be more than two (2) nonresident persons on the premises at the same time in conjunction with the residential business whether they are students, clients, or customers.

(6)

Hours of Operation. The Residential Business shall not be operated between the hours of 7:00 p.m. and 7:00 a.m. each day except Sunday. On Sunday, the Residential Business shall not be open before 1:00 p.m. or after 7:00 p.m.

(7)

Parking.

(a)

One off-street paved parking space for each 150 square feet of floor area devoted to the home occupation shall be provided in addition to the required parking for the residential use of the building.

n.

Personal Horse Stable. A personal horse stable may be permitted as an accessory use to a residence provided that at least one acre of lot area is provided for each horse stabled on the property.

o.

Keeping chickens within the City Limits of Rome. The following is a list of possible conditions that may be attached to a Special Use Permit to allow the keeping of a small number of domesticated female chickens (hens) on a noncommercial basis as an accessory use to a single-family dwelling:

(1)

Chickens shall not be kept on a lot of record that is less than 30,000 square feet.

(2)

Chickens will be kept in a manner consistent with good animal husbandry practices and in compliance with all applicable federal, state, and local laws and ordinances.

(3)

No more than four female chickens as pets or for egg production may be kept. No roosters may be kept.

(4)

No other types of fowl, including but not limited to ducks, geese, turkeys, quail, pigeons, guinea fowl, or peafowl may be kept. There is no restriction on chicken species.

(5)

No butchering of chickens may be done. No eggs, meat, fertilizer, or live chickens may be sold, or provided for use by anyone other than the residents of the property where the chickens are kept.

(6)

Chickens shall be provided with adequate food and water at all times.

(7)

Chickens must be kept on the lot of record where the primary use (dwelling) is located.

(8)

Chickens shall be housed within a coop or henhouse. The coop or henhouse shall meet the following criteria:

(a)

The coop or henhouse shall be located in a side or rear yard as defined in Article 8. In no case shall a coop or henhouse be located in a front yard as defined in Article 8.

(b)

The coop or henhouse shall be constructed of uniform material designed to be used in the outdoors, and not of scrap lumber, sheet metal, interior grade paneling or plywood, or similar materials. The structure shall have a solid roof and be enclosed on all sides. The door providing access shall be able to be shut and locked at night.

(c)

The structure shall provide four square feet of floor space for each chicken and shall not exceed seven feet in height.

(d)

The coop or henhouse shall be secured against predators such as rodents, reptiles, dogs, cats, and wild birds; shall provide shelter from sun, precipitation, and wind; and shall provide adequate ventilation.

(e)

The coop or henhouse shall be located no near than 30 feet to a property line.

(f)

A building permit is required for the construction of a coop or henhouse.

(9)

Chickens may be allowed outside of the coop in a securely fenced pen and with supervision.

(10)

At all times, keeping of chickens shall be conducted in a manner that ensures adjacent properties and neighborhoods are not adversely impacted.

(a)

In no case shall chickens be allowed to leave the property where they are kept.

(b)

Coops or henhouses and pens shall be maintained in good condition, shall effectively confine the chickens, and shall be secured against all predators.

(c)

Chicken feed shall be kept in a closed container so wild birds, insects, and other animals are not attracted to the property.

(d)

Manure and food waste shall be cleaned from coops or henhouses and pens on a regular basis, stored in a covered container, and properly disposed of or composted and used as fertilizer.

(e)

Odors from chickens, manure, or other substances related to the keeping of chickens shall not be perceptible at any property boundary.

(f)

Noise from chickens shall not be loud enough at the property boundary to disturb persons of reasonable sensitivity.

(g)

Chickens that are diseased or carry a disease, are infested with parasites, or are found to be kept in an unsafe or unhealthy manner shall be destroyed.

(h)

Dead chickens shall be disposed of promptly in a sanitary manner.

(i)

It shall be unlawful for any person owning, controlling, or keeping domesticated animals to allow the premises to become filthy or unsanitary.