Legal Definitions - accessory use

An accessory use refers to a secondary activity or structure on a property that is clearly subordinate and customarily incidental to the primary, main use of that property. It must serve the principal use and typically be located on the same lot. While not the main purpose of the property, an accessory use is commonly associated with and supports the primary function.

Here are some examples to illustrate this concept:

• Example 1: Residential Property

  Imagine a single-family home where the owners decide to build a detached shed in their backyard to store gardening tools, lawn equipment, and outdoor furniture. The primary use of the property is the residential dwelling itself – living in the house. The shed, while a structure on the property, is an accessory use because its purpose is to support the activities associated with maintaining the home and yard. It is subordinate to the main house and is a customary addition to many residential properties.

• Example 2: Commercial Property

  Consider a large corporate office building that includes a small cafeteria exclusively for its employees. The primary use of the building is commercial office space, where various businesses conduct their operations. The cafeteria is an accessory use because it is not the main business of the building, but it serves to support the employees who work there, providing a convenient amenity that enhances the primary commercial function of the building.

• Example 3: Institutional Property

  Think of a community church that has a small, separate building on its grounds used for Sunday school classes and youth group meetings. The primary use of the property is the church itself, for religious worship and services. The Sunday school building is an accessory use because it is secondary to the main church building but is customarily associated with and supports the overall mission and activities of the religious institution.