(A) Definition.
(1) General definition.
(a) Accessory uses/structures shall be permitted in all zones in accordance with the provisions of this section. Accessory uses/structures:
1. Shall be incidental and commonly associated with the operation of the principal use of the lot;
2. Shall be operated and maintained under the same ownership and on the same lot as the principal use;
3. Shall, in residence zones, be clearly subordinate in height, area, and bulk to the principal use served;
4. Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this chapter; and
5. Shall not be permitted, in residence zones, prior to the erection and operation of the principal use.
(b) Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, fences, walls, uncovered patios, outdoor fireplaces, doghouses, tree houses, playground apparatus, waterfalls, or permanent landscaping shall be considered incidental uses/structures and not as accessory uses/structures subject to the provisions herein.
(2) Types of accessory uses/structures.
(a) Such buildings or structures as garages, carports, canopies, portechocheres, bath houses, cabanas, gazebos, storage buildings, greenhouses, guardhouses, video-satellite disks, fallout shelters, and similar accessory building or structures;
(c) Swimming pools. Swimming pools in residence zones may be installed only as accessory to a dwelling for the private use of the owners and occupants of such dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions as follows:
1. Such pool shall be installed in the rear yard of the premises;
2. There shall be erected and maintained at minimum a good quality fence not less than five feet in height enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located; and
3. Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
(d) Amateur radio sending and receiving antennae, provided the height thereof including masts shall not exceed 75 feet measured from the finished lot grade at the base of the tower;
(e) Management office in multi-family dwelling complex and other structures providing services normally associated with tenants’ convenience; and
(f) Rummage sales as defined in this chapter.
(B) Height: setbacks. In any residence zone, an accessory building shall not exceed 17 feet in height and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines. In non-residence zones, an accessory building shall not exceed the height provision as established in the appropriate zone and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines.
(C) On corner lot. Accessory buildings located on the street side of a corner lot shall be setback a minimum the same distance as that required for the main building. If the main building setback is less than the required setback, then the accessory building shall be setback a minimum of the average of the main building setback and the setback of the main building on the adjacent property (or the required setback of the adjacent property, whichever is the least).
(D) On side yard. For an interior lot, an attached accessory building, or garage located on the side yard of a dwelling, shall be considered a part of the dwelling and not an accessory building and shall comply with the provisions of this chapter.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99