Is the Wal-Mart garden center an accessory use?
Let’s look at the two relevant ordinances: An accessory use is a use that: (1) is incidental to and customarily associated with a principal use; [and] (2) unless otherwise provided, is located on the same site as the principal use[.][1] A commercial use such as a plant nursery must satisfy extra requirements. Specifically: A commercial . . . use that is otherwise prohibited in the zoning district is permitted as an accessory use if the use: (1) is operated primarily for the convenience of employees, clients, or customers of the principal use; (2) occupies less than 10 percent of the total floor area of the use; [and] (3) is an integral part of the principal use[.][2] There are six criteria between the two ordinances: (1) an accessory use must be incidental to the primary use; (2) it must be customarily associated with the primary use; (3) it must be located on the same site; (4) it must be operated primarily for the convenience of the employees, clients, or customers of the business; (
