(a) Application.
(1) Accessory buildings include, but are not limited to: pool houses; storage buildings; patio covers; garages; carports; workshops; greenhouses; gazebos; tree-houses; play structures; and permanent or temporary tent structures including those intended to shelter vehicles.
(2) Any non-habitable portion of the main residential building that is used for an accessory use including parking and/or storage of vehicles or personal property and is structurally attached to the main residential building shall be considered a part of the main residential building and shall conform to all regulations of this Zoning Code applicable to main residential buildings. “Attached” for the purposes of this regulation is defined as being integrated visually, structurally, and architecturally with the main residential building, containing a common roof, and permitting access between the habitable and non-habitable areas either internally or under the common roof. If the common roof serves as an unenclosed connection between the two areas, they shall be considered attached if the length of the connection does not exceed the length of the non-habitable portion by more than 50% or twenty feet, whichever is less.
(3) Accessory uses of a dwelling shall be limited as provided in Section 1230.06, but are deemed to include uses that are performed for personal enjoyment, amusement or recreation including hobby workshops, gardens, swimming pools for the use by the occupants, driveways, and the parking and/or storage of vehicles and other personal property.
(4) Accessory buildings or structures used in accordance with a permitted agricultural use are exempt from the provisions of this chapter.
(5) Landscape features including plantings, light poles, flag poles, planters, and statuary are exempt from the provisions of this chapter if they do not require a building permit and they do not restrict visibility from intersections or driveways.
(b) General Requirements.
(1) Construction of accessory buildings for one and two-family dwellings in the AG and R Districts shall conform to the following regulations except as may otherwise be provided in this Zoning Code. Accessory buildings for other permitted uses in the A and R districts and for permitted uses in other districts shall be constructed in accordance with regulations for main buildings in those districts.
(2) Any accessory building may not be constructed on a lot or parcel of land until and unless a main building is first constructed on the lot or parcel.
(3) Accessory buildings are allowed to be serviced by utilities including water, gas, electrical, and sanitary sewer, but in no case shall an accessory building contain kitchen facilities or be used for dwelling purposes.
(c) Size.
(1) All accessory buildings shall not exceed 10% of the lot area, excluding areas devoted to public road rights-of-way or private access easements.
(2) The totality of all accessory buildings shall not occupy in excess of 50% of a rear yard and shall comply with the building coverage requirements of Chapter 1241.
(3) The maximum size of the floor area of any one accessory building shall be contingent upon meeting the requirements of Section 1260.01(c)(1) and (c)(2). The floor area shall be measured using the exterior wall dimensions.
(d) Height. Accessory buildings shall not exceed sixteen feet in height.
(e) Location.
(1) Accessory buildings shall not be erected in the front yard of a lot or parcel, unless otherwise provided herein. In accordance with Section 1241.07(b) of this Zoning Code, front yards are located adjacent to all street frontages for parcels having frontage on two or more streets. Parcels having frontage on a lake, brook, stream, river or other watercourse shall be allowed an accessory building in the waterfront front yard if the building complies with the setback or in the street front yard if the waterfront yard prohibits the placement due to naturally occurring circumstances (topography) with approval from the Planning and Zoning Administrator.
(2) Accessory buildings may be erected in the side or rear yard, or the secondary front yard, as regulated herein:
A. Where the main residential building contains a secondary front yard as defined under Section 1230.06(a)(214)C. accessory buildings may be erected:
1. In the secondary front yard of a through lot where the building is set back 25 feet from the rear lot line; or
2. In the secondary front yard of a corner lot where the building is set back 25 feet from the lot line abutting a street and be no closer to the front lot line as defined under Section 1230.06(a)(214)C. than the primary building.
(3) Accessory buildings shall not be closer than three feet from all side and rear lot lines, including the roof overhang.
(4) Accessory buildings may not be closer than ten feet to the main building or another accessory building unless otherwise permitted under building code provisions.
(5) Wherever a required rear yard abuts the required side yard of an adjacent lot, accessory buildings shall maintain a distance from the common lot line of not less than the required side yard of the adjacent lot.
(6) Swimming pools and hot tubs shall not be nearer than six feet from the side or rear lot line. No swimming pool or hot tub shall be in any primary front yard.
(7) In no instance shall an accessory building be located within a dedicated easement right-of-way.
(Ord. 10-2020. Passed 11-24-20; Ord. 03-2023. Passed 5-2-23; Ord. 12-2023. Passed 10-17-23; Ord. 02-2024. Passed 4-2-24.)