1153.05 ACCESSORY USES AND STRUCTURES.
(a) Accessory Uses and Structures Generally.
(1) Accessory uses and structures shall be permitted in all districts in conformance with the provisions of this Code. Any use which is listed as a conditional use in Table 1153.01
and which is proposed to be established as an accessory use shall comply with all standards applicable to the conditional use in addition to those applicable for an accessory use.
(2) An accessory use or structure shall only be established on a lot having a principal use or structure and shall not be constructed or established prior to the principal use.
(3) An accessory structure shall only be used for a use which is accessory to the principal use.
(4) All accessory uses and structures shall be:
A. Clearly subordinate to the principal use or structure.
B. Directly serve the principal use or structure.
C. Subordinate in area, extent and purpose to the principal use or structure.
D. Located on the same lot as the principal use or structure.
E. Reasonably and customarily incidental to the principal use or structure.
(5) Use of portable storage containers, cargo containers, shipping containers, rail cars and the like, or carports, are not considered an accessory building as defined in Section 1133.02
(11)(a) and are prohibited in residential districts except where allowed as a temporary use per Section 1153.06
(a)(6).
(Ord. 2022-088. Passed 5-23-22.)
(b) Area of Accessory Structures in Residential Districts.
(1) No more than two (2) accessory buildings shall be erected on any lot in a residential district.
(Ord. 2014-165. Passed 1-26-15.)
(Ord. 2014-165. Passed 1-26-15.)
(2)
Combined Floor Area of all Accessory Structures | Less than 1 acre | 1 acre up to 1.5 acres | 1.5 acres to 5 acres | Over 5 acres |
Maximum 576 sq. ft. | Maximum 1,000 sq. ft. | Maximum 2,000 sq. ft. | Maximum 3,000 sq. ft. |
(3) Damage to nonconforming accessory structures. Notwithstanding any other provision of this zoning and subdivision code, in the event of damage to any accessory structure that has become nonconforming as the result of the enactment of this section, such structure may be reconstructed to the original size and on the original location of the structure within a ten-year period commencing with the date of enactment of this section. After passage of the ten-year period set forth, all such damaged structures may only be rebuilt or repaired in compliance with Chapter 1169
or other provisions of this Zoning Code. (Ord. 2009-094. Passed 1-25-10.)
(c) Area of accessory structures in commercial and industrial districts. On a lot in a commercial or industrial district, the area of land covered by accessory structures shall not exceed fifty percent (50%) of the floor area of principal buildings.
(Ord. 2014-165. Passed 1-26-15.)
(d) Animals in Residential Districts.
(1) The keeping of small animals shall be permitted in any residential district provided such animals are not raised as a business and provided that such animals are not boarded for persons living off the premises and provided such animals are kept in accordance with the provisions of this Code and other regulations of the City.
(2) A small animal pen or shelter shall not be located in the front or side yard. A small animal pen or shelter shall not be located closer than twenty (20) feet to a side lot line or closer than twenty (20) feet to a rear lot line.
(3) The height of a small animal shelter shall not exceed ten (10) feet.
(4) Animals not permitted in subsection (d)(1) hereof shall be kept only on lots having an area of not less than three (3) acres. No building or enclosure used to shelter or provide eating or watering facilities for such animals shall be permitted closer than 100 feet from any lot line. No grazing will be permitted in the front yard. Enclosures may not include residential structures or garages and must be properly designed and constructed for the animal it is housing.
(5) All animal feed or other material intended for consumption by animals shall be kept in containers impenetrable by rodents, insects or predators.
(6) Any portion of a property devoted to the keeping of animals, other than those defined as small animals, must be fully enclosed by a fence that confines any such animals they are keeping to the property.
(7) Any house, shed, pen or enclosure for the keeping of roosters shall be located a minimum of 500 feet from any property line.
(8) The total floor area of shelters and area of land enclosed by pens shall not exceed one percent (1%) of the minimum lot size permitted for a district. The floor area of shelters shall not exceed one half percent (0.5%) of the minimum lot size permitted for a district.
(9) Plans for any animal enclosure, excluding small animal shelters, shall be submitted to the Architectural Board of Review for review and approval.
(Ord. 2016-114. Passed 11-21-16.)
(e) Fences.
(1) Fences generally. In all districts, fences shall comply with the following:
A. Barbed wire fences and electrified fences shall not be permitted in any district, except that the Board of Zoning Appeals may grant an exception to permit the construction of a barbed wire fence or electrified fence where it finds that the nature of a use enclosed by such fence, the location and appearance of the fence, and the public welfare and safety justify such permit.
B. Fences, walls, and hedges shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such structures and property lines shall be well maintained at all times.
C. The provisions of this Section 1153.04(e) shall not apply to shrubbery fences or other natural growth along property lines.
D. A snow fence may be erected or placed in any yard during the period from November to April for the sole purpose of preventing the drifting of snow on roads, driveways and sidewalks, but such fence shall not be used at any time as a temporary or permanent fence or enclosure.
E. The side of the fence closest to an adjacent property line and facing outward from the yard being fenced shall be the smooth finished side and all horizontal, diagonal, or supporting members shall be on the interior side of the fence.
F. Fences shall be designed to be compatible with the character and style of the principal building on the lot. Fence design shall be considered in relationship to surrounding properties to promote continuity of design. A fence shall be finished only in a solid color. An application for a fence permit may be referred to the Architectural Board of Review by the Director of Planning and Zoning or his designee.
(2) Fences in Residential Districts.
A. Front Yard
1. Fences of woven wire, chain link, barbed wire and masonry type construction shall not be constructed in the front yard area.
2. Fences shall be no more than four feet (4') high. Each section of fence between support posts shall have uniform openings aggregating at least fifty percent (50%) of the surface.
3. Fences shall maintain a minimum distance of two feet (2') from the road right-of-way line.
4. These front yard regulations shall apply to any yard area of a lot that abuts a public road, including side yards of corner lots.
B. Rear and Side Yard. Fences may be erected in rear yards and in any side yards, provided that the yard does not abut a public road, subject to the following regulations.
1. The fence shall not be over six (6) feet in height.
2. Those parts of fences, exclusive of gates, erected between a side lot line and a dwelling and which are parallel to the public road shall be landscaped so as to screen such fence from the road in a manner approved by the Director of Planning and Zoning.
3. Fences may be erected to be contiguous with the property line in rear and side yards which do not abut a public road.
(Ord. 2001-201. Passed 8-27-01.)
C. Fences in planned developments, in multi-family districts, and in residential conservation developments shall comply with the provisions of this Code relating to fences in residential areas unless the Planning Commission approves special uniform standards for fencing within a specific development which meet the spirit and intent of these provisions and which are part of a comprehensive plan for the development.
(3) Fences in Commercial and Industrial Districts. Except as otherwise provided in this Code, fences in commercial and industrial districts shall comply with the following standards:
A. Fences shall only be constructed in rear and side yards.
B. Except as provided in (D) below, fences may abut the property line.
C. Fences shall not exceed a height of ten (10) feet.
D. Fences abutting residential districts shall be submitted for review and approval by the Planning Commission. Fences shall be set back at least ten (10) feet from the property line. A landscape plan shall be submitted with the application and shall include planting adjacent to the fence and facing the residential area and including at least one (1) shrub for every ten (10) feet of fence. Shrubs need not be evenly spaced, but may be attractively arranged. At least 50% of the shrubs shall be evergreen. Shrubs shall be a minimum of two (2) feet in height at the time of planting and shall be of a type expected to reach at least six (6) feet at maturity. Vegetation shall be planted no closer than three feet to any property line. If mounding is used the slope shall be no greater than 3:1 (or for every three feet of horizontal space the rise in grade is one foot).
(Ord. 2014-165. Passed 1-26-15.)
(Ord. 2014-165. Passed 1-26-15.)
(f) Swimming Pools.
(1) Definition - A swimming pool is defined as any artificial or semiartificial basin or tank, either in-ground or above-ground, including all equipment, piping, structures and appurtenances, which impounds water to a depth of eighteen inches or more at any point, intended to be used solely for swimming, diving, wading, recreational bathing or other enjoyment by the residents and/or guests of the property on which it is located.
(2) Before proceeding with the installation, construction or excavation of any outdoor, privately owned swimming pool, a permit shall first be obtained from the Zoning Inspector by the owner of the property upon which the pool will be located. The application for such permit shall be made upon printed forms furnished by the Zoning Inspector and shall include a sketch which shows the location of the pool on the property. The sketch shall also show the location, material and height of any required enclosure. No owner shall fail to obtain such a permit.
(3) All work shall be done in accordance with applicable sections of the Zoning and Building Codes of the City.
(Ord. 2016-113. Passed 11-21-16.)
(4) Swimming pools shall be located only in a rear yard and shall be located a minimum of ten feet from any property line or fifteen feet from the principal building, not to include any deck area attached to the principal building. Exceptions include hot tubs or spas which are permitted to be against the primary residence, while maintaining all other setback requirements.
(Ord. 2022-088. Passed 5-23-22.)
(5) Every swimming pool shall be completely enclosed by a permanent fence, wall or barrier intended to prevent uncontrolled access to the pool by children from public property and adjacent private property. Pools located on properties with ten (10) acres or more and spas and hot tubs with lockable safety covers which comply with ASTM F1346 standards shall be exempt from the above provisions. Any safety cover shall be kept over the pool and securely fastened at all times when such pool not in use.
(6) The swimming pool enclosure requirements of this section shall apply to all new pools installed on or after March 31, 1991 and to all additions, alternations, repairs or replacements made to existing swimming pool enclosures. All swimming pools installed prior to March 31, 1991 shall be completely enclosed as required in this section on or before March 31, 1992.
(7) Swimming pool enclosures shall be a fence, wall, accessory building wall or a combination thereof which completely surrounds the pool. The pool side of the enclosure shall be not less than twenty-four inches from the water's edge. The top of the enclosure, including all gates and doors therein, shall be not less than forty-eight inches above grade measured on the exterior side of the enclosure.
(8) Where the house, deck and pool are all interconnected, continuous or open to each other, a four (4) foot high fence/wall with self-closing and latching gate(s) must be installed or an alarm system must be installed on all house doors that open to the pool area. All steps to the deck must also have a self-closing and latching device that meet the "gate requirements". All gates shall swing outward.
(9) There shall be no openings, holes or gaps in a pool enclosure large enough for a sphere four inches in diameter to pass through. An enclosure fence or wall shall have no handholds, footholds or horizontal members accessible from the exterior side of the enclosure. Horizontal members of fences shall be placed on the pool side of the fence. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.
(10) All gates in a swimming pool enclosure shall be equipped to accommodate a locking device. The gate latch shall be located not less than forty-two inches above grade or shall otherwise be made inaccessible to small children from the outside of the enclosure. All gates shall be kept locked at times when the swimming pool is not in use.
(11) A temporary fence at least forty-two inches in height shall be erected, completely enclosing the excavation for an in-ground swimming pool. Such fence shall remain in place until completion of the permanent enclosure.
(12) An enclosure is not required around an above-ground swimming pool located on a single-family residential property, provided A and B are met or C:
A. The pool has non-climbable vertical sides not less than forty-eight inches in height above grade adjacent to the pool; and
B. Any access steps or ladders are either removable without the use of tools or are designed to be secured in an inaccessible position when the pool is not in use with a lock or latch located not less than forty- two inches above grade adjacent to the pool; and or
C. The pool comes equipped with a self-contained fence which mounts atop the vertical wall of the pool.
(13) Maintenance. It is the responsibility of the property owner to ensure that the enclosure including all gates, doors, locks and latches are kept maintained, safe and in good working order at all times. No person shall alter or remove any portion of a pool enclosure except to repair, replace or reconstruct the enclosure in compliance with the requirements delineated herein.
(14) Draining. Where possible, all swimming pools are to be drained into the public sanitary sewerage system. Where the public sanitary sewerage system is not available, it may be necessary to remove the contents of a pool to an approved disposal site. No pool shall be drained by discharge to a public storm sewer or to a drainage ditch or channel without approval by the Zoning Inspector.
(Ord. 2016-113. Passed 11-21-16.)
(Ord. 2016-113. Passed 11-21-16.)