(a) Accessory Structure.
(1) General Accessory Structure Requirements. The following requirements shall apply to an accessory structure in any zoning district:
A. An accessory structure shall be located on the same lot as the principal use.
B. An accessory structure shall be located in the rear yard, unless specifically exempted.
C. A maximum of two (2) accessory structures are permitted per lot (this does not include detached garages, pools, fences, solar panels, and personal outdoor recreation equipment).
(2) Residential Accessory Structure Requirements. In addition to the general requirements in subsection (a)(1), an accessory structure located in a residential zoning district is subject to the following:
A. The combined square footage of all enclosed accessory structures, such as storage sheds, is 144 square feet.
B. An accessory structure shall meet the following setbacks:
i. Minimum side yard setback of three (3) feet.
ii. Minimum rear yard setback of five (5) feet.
iii. On a corner lot, an accessory structure shall be located behind the building line along both frontages.
Figure 1103.09-1: Location of Permitted Accessory Structures on Corner Lots
iv. An accessory structure located on a non-conforming lot shall have a minimum setback of three (3) feet from both the sides and rear property lines.
C. The maximum height of an accessory structure is twelve (12) feet.
D. The maximum area occupied by accessory structures (inclusive of all accessory structures including storage structures) in the rear yard shall be thirty-five percent (35%).
(3) Non-Residential Accessory Structure Requirements. In addition to the general requirements in subsection (a)(1), an accessory structure in a non- residential zoning district is subject to the following:
A. An accessory structure shall meet the following setbacks:
i. Minimum side yard setback of three (3) feet.
ii. Minimum rear yard setback of five (5) feet.
iii. On a corner lot, an accessory structure shall be located behind the building line along both frontages.
B. The maximum height of an accessory structure is twenty (20) feet or the height of the principal building, whichever is less.
C. The maximum area occupied by accessory buildings in the rear yard shall be twenty percent (20%).
D. The combined square footage of all accessory structures shall not exceed thirty-five percent (35%) of the size of the principal building.
(b) Automated Teller Machine (ATM), Outdoor. An ATM located outdoors is subject to the following:
(1) The ATM is located on the same lot as the principal use.
(2) The ATM is subject to the dimensional requirements of accessory structures as specified in Section 1103.09(a).
(3) An ATM may be located in the side or rear yard.
(c) Automotive and Vehicle Sales, Used. The sale of used automobiles and vehicles is subject to the following:
(1) Used automotive and vehicle sales is permitted when conducted on the same lot as a new automotive sales lot, or on an adjacent lot with the same ownership, provided that the inventory of used automobiles and vehicles does not exceed fifty percent (50%) of the overall inventory at any one time.
(2) All circulation areas, car storage, car parking, and other similar activities associated with the use on site shall be done on an improved hard surface such as asphalt or concrete.
(3) A principal structure shall be located on the lot.
(4) An opaque, solid wall, fence, or hedge that is at least six (6) feet in height shall be located along all property lines that abut a residential zoning district or use.
(5) No auctions shall be permitted on the lot.
(6) No outdoor speaker systems shall be permitted for uses that are located less than 200 feet from any residential zoning district or use.
(7) Automobile repair and service must be performed inside the same building as the new car salesroom.
(8) All sales and circulation areas must be paved with asphalt and concrete. There shall be no vehicle storage or sales on unpaved lots.
(d) Commercial-Scale Vehicle Parking. The following requirements shall apply to the parking of commercial-scale vehicles on any private property in the residential zoning districts.
(1) No person shall stand, store, or park any vehicle or trailer in excess of 8,500 pounds net weight; or in excess of eight (8) feet in overall vehicle height, including any rooftop accessories; or in excess of twenty (20) feet in overall vehicle length, on any private property that has been zoned for residential use, except for the minimum time period that may be required in the usual course of business for making a delivery of merchandise or unloading merchandise for delivery.
(2) No person shall store or park any vehicle or trailer in excess of 6,000 pounds net weight, except upon a paved parking surface located behind the rear corners of the principal structure or in a garage.
(3) In any variance to these regulations granted pursuant to Section 1111.05(c), in addition to all other powers and duties it possesses, the Board of Zoning Appeals may place further restrictions on the areas of residential property on or within which such vehicles may stand, be stored, or be parked.
(e) Construction Equipment Storage. Storage of construction equipment that is accessory to a permitted principal use is subject to the following:
(1) All work on vehicles and equipment including but not limited to, cleaning, servicing, and repair shall be done only inside a suitable service building.
(2) Vehicles and equipment shall not be located in any of the required setbacks for the principal structure.
(3) All circulation areas, equipment storage, equipment parking, and other similar activities associated with the use on site shall be done on an improved hard surface such as asphalt or concrete.
(4) All storage areas shall be screened from view from adjacent properties and rights- of-way with an opaque, solid wall, fence, or hedge that is at least six (6) feet in height.
(f) Drive-Through. A use that proposes to utilize a drive-through or pick up window shall be subject to the following:
(1) All drive-through areas, including, but not limited to, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area, should be located in the side or rear yard of a property, and shall not cross, interfere with, or impede any public right-of-way.
(3) The canopy and structure shall be constructed of the same materials used on the principal building.
(4) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall be set back a minimum of 200 feet from any residential use.
(6) An opaque, solid wall, fence, or hedge that is at least six (6) feet in height shall be located along all property lines that abut a residential zoning district or use.
(g) Dwelling, Accessory. An accessory dwelling is conditionally permitted in the residential zoning districts subject to the following:
(1) The accessory dwelling shall be located within the principal dwelling so as not to be perceived as an additional dwelling unit.
(2) The accessory dwelling may not have a separate entrance. It shall be accessed within the house.
(3) No additional parking is required for the accessory dwelling and no parking shall be removed to accommodate an accessory dwelling.
(h) Garages, Residential. A residential garage is subject to the following:
(1) Only one (1) garage is permitted per residential unit. Such garage may be attached to the principal structure or detached.
(2) Detached residential garages are considered an accessory structure and are subject to the applicable regulations in Section 1103.09(a) and the regulations set forth in this section. Attached garages shall be considered an extension of the principal structure and are subject to the dimensional requirements of the principal structure.
(3) Any new single-family dwelling constructed, or the replacement of an existing garage after the date of this Code's adoption, shall contain a detached or attached garage that is a minimum of 440 square feet in size and twenty (20) feet in width.
(4) The maximum size of a detached garage is 600 square feet. In no case shall the floor area of a detached or attached garage exceed sixty percent (60%) of the area of the dwelling unit.
(5) Detached garages are permitted in the side or rear yard. Detached garages located in the side yard are required to meet the minimum side yard setback of the principal building.
(6) Such uses shall not exceed the height of the principal building or fifteen (15) feet, whichever is less.
(i) Home Occupation. A home occupation, as an accessory use, shall be permitted in a dwelling unit subject to the following:
(1) Only members of the family residing within the dwelling may work therein.
(2) The occupation is conducted wholly within the dwelling and the space used to conduct the home occupation shall not exceed more than twenty percent (20%) of the floor area of the dwelling.
(3) The residential character of the dwelling exterior is not changed.
(4) No home occupation shall be conducted in an accessory building.
(5) There shall be no direct sales of merchandise from the premises in connection with such home occupation.
(6) Traffic shall not be generated by the home occupation that significantly increases the volume that would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met with off-street parking and not the front yard of the dwelling.
(7) No equipment or process shall be used which will create any dust, noise, vibration, glare, fumes, odors, or electrical interference beyond the lot.
(j) Outdoor Dining. An outdoor dining area is subject to the following:
(1) An outdoor dining area, including the fences that surrounds such area, is permitted in any yard.
(2) An outdoor dining area shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the food service area and the principal building.
(3) A permanently enclosed outdoor dining area, either by permanent roof or to expand the existing structure, shall meet all the requirements of the principal building.
(4) Outdoor dining shall not be located in any required parking spot or parking area.
(5) An outdoor dining area that utilizes speakers for music, live music, televisions, projecting screens, or other similar noise-producing element shall be located a minimum of 500 feet from any residential zoning district or use.
(k) Outdoor Display and Retail Area. An area identified for outdoor sales or display (that is, garden supplies, newspapers, flower stands, etc.) that is accessory to a non-residential principal use is subject to the following:
(1) The location of such display or sales area is subject to:
A. The merchandise is displayed on the sidewalk or walkway adjacent to the building in the front yard; or
B. The outdoor display or sales area is in the side or rear yard; or
C. The outdoor display or sales area, if not located adjacent to the principal building, shall not be located more than twenty (20) feet away from the principal building.
(2) The merchandise displayed shall not be taller than six (6) feet in height.
(3) The outdoor display or sales area shall not be more than twenty percent (20%) of the gross floor area of the principal building.
(4) The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of four (4) feet of the sidewalk or walkway shall be clear to allow for safe pedestrian movement.
(5) Fenced or screened outdoor display or sales area must be located in the side or rear yard.
(l) Outdoor Recreation, Accessory Non-Residential. Outdoor recreation uses that are accessory to a non-residential use, such as a swimming pool, sports court, sports field, and similar uses, are subject to the following:
(1) If the accessory outdoor recreation use is surrounded by a fence or similar enclosure, it shall be located in the side or rear yard.
(2) An unfenced or unenclosed accessory outdoor recreation use is permitted in any yard but shall be located outside of the required front yard setback.
(3) Such use may be public or private.
(4) If the use produces additional traffic, in excess of what the principal use produces, then parking shall be provided for the accessory outdoor recreation use per Section 1106.05.
(m) Outdoor Recreation, Accessory Residential. Outdoor recreation uses that are accessory to a residential use, such as playground equipment, trampoline, play structure, and similar uses, are subject to the following:
(1) Such uses shall be located in the rear yard.
(2) Such uses shall not exceed the height of the principal building or fifteen (15) feet, whichever is less.
(3) Such uses shall be set back from five (5) feet from the rear property line and three (3) feet from side property lines.
(4) This section does not apply to private residential swimming pools. They are regulated by Section 1103.09(q).
(n) Residential Recreational Vehicle and Equipment Storage. The following requirements shall apply to the storage of recreational vehicles, trailers, boats, or other similar vehicles or equipment in the residential zoning districts:
(1) One (1) recreational vehicle, boat, trailer, or similar vehicle or equipment may be stored outside at any one time.
(2) Such vehicle or equipment shall be stored in a garage or structure if possible. If not possible, the vehicle or equipment may be stored outside in the side or rear yard of a property on a paved surface of concrete or asphalt.
(3) Minimum setback for such vehicle or equipment is five (5) feet from a side lot line and ten (10) feet from a rear lot line.
(4) The maximum length of time a vehicle or equipment may be parked or stored outside is seventy-two (72) consecutive hours and shall not exceed a total cumulative time of 144 hours during any calendar month.
(5) No temporary or permanent human occupancy may occur therein except for loading, unloading, minor repairs or maintenance, or while in the process of actual transportation.
(6) All vehicles and equipment shall be kept in good repair, and where applicable, carry a current year's license plate and registration.
(o) Solar Panels. Solar panels are subject to the following:
(1) Ground-mounted solar panels shall be limited to a maximum height of fifteen (15) feet and shall be located in the rear yard of any non-residential zoning district.
(2) All solar panels must meet the accessory structure setback requirements for the applicable zoning district in which they are located.
(3) Roof-mounted solar panels, on pitched roofs, shall be flush-mounted to the roof and shall not extent higher than the top ridgeline of the roof in which they are located.
(4) Roof-mounted solar panels on flat roofs, shall not project more than six (6) feet above the rooftop surface, and shall not exceed the maximum height allowance in the zoning district in which they are located.
(p) Storage, Outdoor. Outdoor storage is permitted as an accessory use subject to the following:
(1) All storage areas shall meet the setback requirements of the principal use.
(2) Storage of any materials outdoors shall be completely screened from all rights-of- way and all residential zoning districts or use.
(3) The site plan shall specify the materials to be stored and their respective locations on the site and height limitations.
(4) All outdoor storage shall be screened from view from adjacent properties and rights-of-way with an opaque, solid wall, fence, or hedge that is at least six (6) feet in height.
(q) Swimming Pool. A swimming pool that is constructed or maintained on private property shall be subject to the following:
(1) Any swimming pool shall be located a minimum of five (5) feet from the rear or side lot lines of the lot on which it is situated and a minimum of ten (10) feet from any building or structure.
(2) Any in-ground swimming pool must substantially conform to the natural grade of the surrounding land, and no part thereof, other than equipment such as diving boards and the like, shall be higher than one (1) foot above grade.
(3) Every pool shall be constructed so that it can be drained into the municipal sanitary sewer or have a sump pump located in its deepest part, for the purpose of pumping out all of the water to a storm sewer opening. In the case of a pool being constructed on that land is not yet sewered, the owner shall pump or drain the water from the pool in such a manner as to cause no injury to other property in the vicinity of the pool.
(4) All lights used to illuminate the pool, or surrounding areas, shall be designed, located, and installed as to confine the direct beams to the lot on which the pool is located. None of the lights shall be used after 11:00 pm if the pool is located within 200 feet of any building used for dwelling purposes.
(5) Any swimming pool maintained on private property shall be enclosed by a fence not less than four (4) feet in height, but not greater than six (6) feet in height. The fence shall have a gate that is kept securely locked during the time the pool is not in use by the owner or by anyone using it with the owner's permission. Such fence shall be permitted in compliance with Chapter 1105. For above-ground pools that are forty-eight (48) inches or taller in height, no fence is required around the top of the pool.
(6) Before any swimming pool may be constructed, a permit shall be secured from the Building Inspector. Application for such permit shall be made in writing and shall include plans and specifications for the pool and the enclosing fence, as well as plans showing the location of the pool with references to lot lines and other buildings on the property and surrounding properties.
(r) Warehousing, Accessory. Warehousing, as an accessory use to a permitted principal use, is permitted subject to the following:
(1) Such accessory warehousing shall be located on the same lot as the principal use.
(2) Accessory warehousing shall not exceed thirty-five percent (35%) of the total building area, unless specifically approved by Planning Commission.
(3) No trailer, camper, manufactured housing unit, modular office trailer or industrialized units shall be placed on the property for any purpose without Planning Commission approval, except related to construction work that requires an active building permit.
(Ord. 2022-34. Passed 1-9-23.)