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1240.06  ACCESSORY USE REGULATIONS.
   Accessory uses, buildings and structures, excluding driveways for purposes of this section only, permitted in R-1, R-1A and R-1B Districts, shall conform to the location, coverage and height regulations contained in this section. Attached garages as part of a dwelling are subject to the principal building setback requirements contained in Section 1240.04.
   (a)   Required Location and Setback for Accessory Uses. An accessory use, building or structure permitted in an R-1, R-1A, R-1B or R-1C Cottage District shall be located in the yard specified and no closer to the front, side or rear property lines than the distance set forth in Schedule 1240.06(a).
 
SCHEDULE 1240.06(a)
Location and Setback Requirements for Accessory Uses
Permitted Use, Structure or Building
Yard in Which Permitted
Distance From Property Line (in feet):
R-1
R-1A
R-1B
R-1C
Side
Rear
Side
Rear
Side
Rear
Side
Rear
Any detached accessory structure including a detached garage
Rear, Side
3
3
3
3
0
0
0
0
Swimming pool
Rear
6
10
6
10
3
5
3
5
Other paved surfaces, including driveways
Front, Side, Rear
0
2
0
2
0
0
0
0
Fence
Front, Side, Rear
0(b)
0(b)
0(b)
0(b)
0(b)
0(b)
0(b)
0(b)
 
(a)   Detached accessory buildings shall be permitted in the side yard, provided such accessory building is at least 50 feet from the side property line.
(b)   See also Section 1240.06(d) for fence regulations.
 
   (b)   Area and Location Requirements for Accessory Buildings; Maximum Permitted.  Each dwelling in an R-1, R-1A, R-1B and R-1C Cottage District shall be permitted to have a maximum of two detached accessory buildings.  All accessory buildings shall only be permitted in the rear yard, except that accessory buildings shall be permitted in the side yard when located at least 50 feet from the side property line.
      (1)   R-1 and R-1A Districts.  For dwellings with attached garages, the area of any one accessory building shall not exceed 500 square feet and the total area of both accessory buildings shall not exceed 1,000 square feet. For dwellings without attached garages, the area of any one accessory building shall not exceed 1,250 square feet and the total area of both accessory buildings shall not exceed 1,400 square feet.
      (2)   R-1B Districts.  For dwellings with attached garages, the area of any one accessory building shall not exceed 250 square feet and the total area of both accessory buildings shall not exceed 500 square feet. For dwellings without attached garages, the area of any one accessory building shall not exceed 500 square feet and the total area of both accessory buildings shall not exceed 650 square feet.
      (3)   R-1C Cottage District. For dwellings with attached garages, the area of any accessory building shall not exceed 250 square feet. For dwellings without attached garages, an accessory building shall not exceed 500 square feet. Each dwelling unit in an R-1C Cottage District shall be permitted to have a maximum of two detached accessory structures and the total area of both accessory buildings shall not exceed 500 square feet.
      (4)   Accessory Buildings on Large Lots.  In any Residential District on lots of 1.5 acres or greater, an accessory building larger than permitted by the regulations set forth in Section 1240.06(b) may be permitted in compliance with the following:
         A.   The accessory building shall have an area not to exceed 4% of the area of the rear yard, or 3,000 square feet, whichever is lesser.
         B.   On lots with an area of three acres or more, such accessory building shall be permitted in the side or rear yard.
         C.   Such accessory building shall be located no less than 150 feet from a public right-of- way and no less than 50 feet from a side or rear property line.
         D.   Such accessory building shall not exceed 20 feet in height.
   (c)   Maximum Coverage of Rear Yard.  The maximum area of the rear yard that may be covered by accessory buildings and structures shall be as follows:
      (1)   R-1: 40%.
      (2)   R-1A: 45%.
      (3)   R-1B: 65%.
      (4)   R-1C:  65%.
   For the purposes of determining coverage areas of the rear yard by an accessory structure, an “accessory structure” shall be defined as any horizontal surface which is placed on or above the ground, but excludes incidental structural supports, portable equipment, fence posts, garden lights and other similar items.
   (d)   Fence Regulations in Standard Single-Family Subdivisions.
      (1)   Definition: Fence means any accessory wall or structure composed of wood, metal, stone, vinyl or other material erected in such a manner and positioned to enclose, partially enclose, screen or divide any premises or part of premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose, partially enclose, screen or divide any premises or any part of any premises shall be included within the definition of fence. Structures less than two feet in height, hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences. Retaining walls required and/or approved by the Public Works Department shall not be subject to the requirements of this section.
      (2)   Height: The height of a fence shall be measured from the established grade line to the highest horizontal plane between the posts of the fence and shall follow grade contours as far as practicable. The height of the fence shall not include the posts or finials, except, however, that the posts or finials may not exceed the fence height by more than six inches. The maximum height of fences in Single-Family Residential Districts shall comply with the regulations set forth in Schedule 1240.06(d).
      No berm, mound or base shall be created or constructed for the purpose of erecting the fence thereon so as to increase the permitted height of the fence from the level of the then existing grade, unless otherwise required by a plan approved by Planning Commission.  Where a fence is constructed on a mound, or where the ground under same has been raised to a higher level than the surrounding surface, the permissible height of the fence shall be reduced by the height of such mound or raised surface as measured from the ground level at the lowest grade level within three feet of either side thereof.
      (3)   Setback: Fences in R-1 and R1-A Districts shall be no closer than two feet to any right-of-way or sidewalk, whichever is a greater distance from the roadway. In R-1B and R-1C Cottage Districts there is no minimum setback from the front right-of-way line. Setbacks from side and rear property lines shall comply with the regulations set forth in Schedule 1240.06(a).  It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved in the zoning permit, and the fence does not encroach upon another lot or parcel of land.
      (4)   Orientation: The side of a fence facing an adjacent property shall be the smooth finished side, as determined by the Zoning Administrator, and all diagonal or supporting members shall be facing the property on which the fence is constructed. All sides of a decorative wall shall have an equal level of finish.
      (5)   Required visibility at street intersections: On corner lots, no fence shall be erected within a triangle formed by the right-of-way lines of two intersecting streets, and a line drawn between two points, each measuring ten feet from the intersection of the right-of-way lines.
      (6)   Where fences are erected and a water drainage situation occurs, such problem shall be alleviated or remedied by placing adequate outlets at the bottom of the fence to eliminate possible accumulation of stagnant water or other undesirable conditions.
      (7)   Temporary fencing: Fences erected for a specific function and limited time duration are permitted as follows and in compliance with the following requirements. Temporary fences shall be maintained in good condition and shall not require a permit. No temporary fencing material shall be used for permanent fencing.
         A.   Snow fencing:
            1.   Shall be permitted November 1st - April 1st.
            2.   Shall not exceed four feet in height.
            3.   Shall be limited to fencing materials of burlap, plastic mesh fabric of a neutral or dark color, any clear plastic material or wood slat fencing (traditional snow fence) with wood or metal supports.
            4.   Shall be erected on private property only and positioned on the site so as not to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety.
            5.   Shall not cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such fence.
         B.   Construction fencing to enclose an active construction site for the duration of the construction period.
 
SCHEDULE 1240.06 (d)
Type of Fence
Yard in Which Permitted
Maximum Height Permitted
Chain Link
Rear
4 ft.
Side
4 ft.
Open
Front
3 ft. see Exceptions (b) and (c)
Side
4 ft.
Rear
6 ft.
Solid
Front
3 ft. see Exceptions (a)
Rear
6 ft.
   For the purpose of these regulations, an “open fence” shall be any fence intended for decorative purposes having at least 50% of its vertical surface area open as viewed at right angles and uniformly distributed.
   Only one single fence, as such is defined and permitted in this section, shall be constructed, erected and/or maintained on any individual lot when located within ten feet of any of the lot's boundary lines.
 
      (8)   Exceptions.
         A.   In the front yard, along the front lot line, decorative walls constructed of brick, stone, or similar material may be permitted in excess of the three-foot height limit, provided that the portion of the fence greater than three feet in height shall not be longer than 25% of the lot frontage and shall not exceed a height of five feet.
         B.   A four foot open fence may be constructed in front of a dwelling provided that the length of such fence does not extend past the side walls of the house or across a driveway and provided it is set back from the right-of-way line a minimum of 75% of the minimum front building setback for the district.
         C.   Trellises up to 16 feet in total length may exceed the maximum permitted height when located in the rear yard adjacent to, and between the side walls, of the dwelling.
         D.   The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
         E.   Where the side yard property line of one residential property is also the rear yard property line of another property, that portion of the fence in the side yard that abuts the adjoining property’s rear yard and that is installed at such property line shall be permitted rear yard regulations.
   (e)   Fence Regulations for Conditional Uses.  Fences for conditional uses shall be approved as appropriate and necessary at the time the conditional use is considered by the Planning Commission pursuant to Sections 1217.03 and 1217.04 as applicable.
   (f)   Swimming Pools, Spas and Hot Tubs
      (1)   Any constructed or manufactured pool, both permanent and temporary, not located within an enclosed building and which is used or intended to be used as a swimming pool in connection with residential dwellings and is available only to the residents and their private guests shall be classified as a private swimming pool and shall be regulated by this subsection. For the purposes of this subsection, swimming pool shall include pools, spas and hot tubs and shall be defined as any in-ground, on-ground, or above-ground pool intended for swimming, wading or recreational bathing capable of containing in excess of two feet of water at its deepest point as determined by manufacturer's specifications. 
      (2)   A swimming pool not exceeding 54 inches in height shall only be located in a rear yard in accordance with the setback requirements set forth in Schedule 1240.06(a).
      (3)   Usual and customary pool equipment and accessories (such as a pool deck a diving board or a filtration house), not exceeding five feet in height, shall only be located in the rear yard, but shall be no closer than three feet to any property line.
      (4)   All swimming pool construction and operation shall be in accordance with standards and regulations established by the Board of Health having jurisdiction within the City, the Building Code and any other governmental regulations governing the construction and operation of such facilities.
      (5)   Any outdoor swimming pool, as defined in this subsection, shall be surrounded by a barrier which shall comply with the following:
         A.   Every swimming pool shall be completely enclosed by a fence and/or structure of sturdy construction at least 48 inches in height, measured from the ground level at each point along the boundary of such enclosure. The enclosure shall be of such design as to prevent young children from crawling or otherwise passing through, under or over such enclosure without the use of a ladder or other implement. Openings in the barrier shall not allow passage of a four-inch diameter sphere.
         B.   Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
         C.   Access gates into such enclosure shall be self-closing and have a self-latching device. The fence/barrier shall be equipped with at least one such access gate.
         D.   Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access.
         E.   The required barrier must be installed prior to filling the pool with water.
         F.   A spa or hot tub with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
      (6)   A building permit shall be obtained from the Building Department before construction of a swimming pool is begun and shall contain plans and specifications for both the pool and the fence or other protective barrier which the owner proposes to erect around the pool as well as a plot plan showing the location of the pool and barrier with reference to lot lines and other buildings on the property.
      (7)   Lighting shall be shaded so as not to be a disturbance to adjacent properties.
      (8)   Any sound of motor or pumps in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants shall be shielded to prevent such disturbances.
   (g)   Porches.  An unenclosed porch attached to a single-family home may be erected within the required front yard or required rear yard, but shall not exceed 35% of the required rearward area. The installation of removable screen panels shall not be interpreted as enclosing a porch. This allowance into otherwise required yards shall not apply to any conditional uses in the R-1, R-1A, R-1B or R-1C Cottage District.
   (h)   Gardens and Household Pets.
      A.   Maintenance of livestock. Maintaining or harboring of livestock is prohibited unless approved as a conditional use per Schedule 1240.02(B)(13). Maintaining or harboring roosters may not be approved as a conditional use.
      B.   Fruits and vegetables; pets. Raising fruits, vegetables or nursery stock for private use, and keeping household pets not kept, raised or bred for profit, are permitted in Single-Family Districts.
(Ord. 52-99.  Passed 3-22-99; Ord. 258-03.  Passed 11-24-03; Ord. 26-07.  Passed 3-26-07; Ord. 64-09.  Passed 6-22-09; Ord. 90-2011.  Passed 9-12-11; Ord. 43-2014.  Passed 4-14-14; Ord. 105-2014. Passed 8-25-14; Ord. 51-2016.  Passed 4-25-16.)