(A) Accessory uses must be secondary to and customarily associated with a principal use of the lot.
(B) Accessory uses are permitted in any zone or district unless otherwise specified.
(C) A zoning permit is required for any accessory use that occupies an accessory structure of more than 100 square feet.
(D) An accessory use and any accessory structure in which it is conducted must be located on the same lot as the principal use with which it is associated unless a variance is granted by the Zoning Board of Appeals.
(E) Accessory uses and their structures include, but are not limited to:
(1) Accessory dwelling units;
(2) Car ports;
(3) Decks;
(4) Garages;
(5) Gazebos;
(6) Outdoor entertainment;
(7) Patios;
(8) Pergolas or trellises;
(9) Rain gardens;
(10) Sheds;
(11) Solar panels and wind turbines;
(12) Swimming pools, hot tubs, and recreational ponds;
(13) Swing sets or play houses;
(14) Tennis or other sport areas;
(15) Outdoor storage;
(16) Tree houses;
(17) Radio or television antenna towers.
(F) Required setbacks for accessory uses.
(1) An accessory use must meet the setbacks as described in the accessory use setback table on the following page.
(2) Other setback requirements are as follows:
(a) The top of the bank of a retention pond must maintain a front yard setback of at least ten feet, a side yard setback of at least ten feet, and a rear yard setback of at least ten feet.
(b) Fences and gardens are not required to comply with minimum setback requirements.
(c) Hot tubs are not required to comply with minimum setback requirements for accessory structures.
(d) Patios are not required to comply with minimum setback requirements for accessory structures. Patios are required to be located a minimum of three feet from all lot lines, but cannot be located in a utility easement.
(G) Swimming pool, hot tub, and retention pond fences.
(1) In-ground swimming pools shall be enclosed with a solid fence at least four feet high with a self-closing gate.
(2) Hot tubs shall be enclosed with a locking lid or cover or enclosed with a solid fence at least four feet high with a self-closing gate.
(3) In any district, a retention pond does not require a fence.
(H) The outdoor display of commercial equipment, materials, or products for sale or rent is prohibited, unless the outdoor display is set back from the front lot line(s) a distance equal to the minimum front yard setback required for that zone or district. Any sign that is part of an outdoor display shall comply with the sign standards of this Zoning Code.
(I) Outdoor entertainment is an accessory use of a commercial principal use.
Accessory use type: | Is the accessory use functionally attached to a principal structure? | Is the accessory use 100 square feet or less? | Height of accessory use: | Permit required? | Required distance from principal structure: | Required front yard setback: | Required side yard setback: | Required rear yard setback: |
Accessory use type: | Is the accessory use functionally attached to a principal structure? | Is the accessory use 100 square feet or less? | Height of accessory use: | Permit required? | Required distance from principal structure: | Required front yard setback: | Required side yard setback: | Required rear yard setback: |
Garage | Yes | No | Up to height allowed by principal structures | Yes | N/A | Same as applicable to principal structures | Same as applicable to principal structures | Same as applicable to principal structures |
No | No | 18 ft. max. | Yes | 5 ft. min. | Greater than the front setback of the principal structure | 5 ft. min. | 5 ft. min.; 0 ft. min. when adjacent to alley | |
Swimming Pool or Recreation al Pond | No | No | N/A | Yes | 5 ft. min. | 10 ft. min. | 10 ft. min. | 10 ft. min. |
Other Accessory Use | Yes | Yes | N/A | No | N/A | N/A | N/A | N/A |
No | N/A | Yes | N/A | Same as applicable to principal structures | Same as applicable to principal structures | Same as applicable to principal structures | ||
No | Yes | 18 ft. max. | No | N/A | N/A | N/A | N/A | |
No | 12 ft. or less | Yes | 5 ft. min. | Same as applicable to principal structures | 5 ft. min. | 5 ft. min.; 0 ft. min. when adjacent to alley | ||
More than 12 ft. but no more than 18 ft. | Yes | 10 ft. min. | Same as applicable to principal structures | 5 ft. min. | 5 ft. min.; 0 ft. min. when adjacent to alley | |||
Table 22: Accessory use setback table.
(J) Specific use regulations for accessory dwelling units.
(1) Definition. An accessory dwelling unit is a dwelling unit that facilitates a dwelling use customarily associated with and secondary to a principal use of a lot. If a lot contains a principal dwelling and an accessory dwelling, and if such accessory dwelling is detached from the principal dwelling, the accessory dwelling shall be the dwelling with the greater setback from the front lot line.
(2) Purpose. This Zoning Code permits the development of accessory dwelling units with the intent to increase the supply of housing units, allow property owners to increase the economic productivity of their land, provide housing diversity that may be more financially accessible to small households, and serve as accessible housing for older adults and people with disabilities.
(3) Eligibility. An accessory dwelling unit may be erected in a zone or district that permits accessory dwelling units and may be erected on any lot that conforms to applicable lot standards.
(4) Creation. An accessory dwelling unit may be created through new construction, the conversion of an existing structure, as an addition to an existing structure, or as a conversion of a qualifying existing house during the construction of a new principal dwelling unit on the site.
(5) Quantity. No lot may contain more than one accessory dwelling unit.
(6) Occupancy and use.
(a) An accessory dwelling unit must conform to all building code and health code standards applicable to all dwellings.
(b) On any lot with an accessory dwelling unit, one of the dwelling units, either the principal dwelling unit or the accessory dwelling unit, must be occupied at least 180 days per calendar year by the owner of the lot or structure, or, in the case that the lot or structure has multiple owners or is owned by a corporation, one of the dwelling units must be occupied at least 180 days per calendar year by one of those owners or by one of the members of the corporation in ownership.
(c) Occupancy of an accessory dwelling unit shall be limited by § 150.60.
(7) Size and height.
(a) No accessory dwelling unit may exceed 1,200 square feet of GFA.
(b) If an accessory dwelling unit is detached from the principal structure, it shall not exceed 25 feet in height.
(c) If an accessory dwelling unit is detached from the principal structure, it shall be located in the rear yard.
(8) Screening. If an accessory dwelling unit is detached from the principal structure and includes living space on the ground floor, the rear yard of the lot shall be screened with six-foot-high opaque fencing where abutting any lot in a residential zone or district.
(9) Parking. Any off-street parking area must comply with parking area location requirements in § 150.72(A).
(10) Setbacks of accessory dwelling units.
(a) If an accessory dwelling unit is attached to a principal dwelling unit, it shall maintain setbacks applicable to principal structures in the zone or district in which it is located. If the principal structure is nonconforming with applicable setbacks, an accessory dwelling unit may be attached to the principal structure if its creation does not increase the degree of nonconformity. See Article V.
(b) If an accessory dwelling unit is detached from a principal structure on the lot, it shall maintain setbacks as described in the Accessory Use Setback Table for non-garage accessory structures. If an accessory dwelling unit is constructed within or above a detached garage or as a replacement of a structure formerly intended for use as a garage, it shall maintain setbacks as described in the Accessory Use Setback Table for garages.
(c) Building coverage. Accessory dwelling unit coverage shall be considered when calculating lot coverage.
(Ord. 9098, passed 6-12-2023; Am. Ord. 9138, passed 11-20-2023)