(A) Accessory structures secondary to primary uses that required a Conditional Use Permit or those that require a Formal Site Plan Review may also be considered Conditional or needing Formal Site Plan Review and may be subject to the applicable standards listed in division (B) below.
(B) Standards for accessory structures (except fences and walls).
(1) Accessory structures must conform to the following:
(b) Interior side or rear setbacks. No accessory structures are permitted closer than five feet from interior side property lines. Except in the R-2A and R-2B districts where garages must be ten feet from interior side property lines.
(2) Any accessory structures sheltering or housing more than two animal units on a farm, hobby farm, or the like may not be less than 50 feet from all dwellings other than that of the owner.
(3) Structure size. On any lot zoned R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, or guided for residential under the PCDD or PUD, the combined floor area of all accessory structures (including the attached or detached garage) may not exceed the following:
(a) For lots one acre or less: 1,000 square feet or the foundation footprint of the habitable portion of the principle building, whichever is greater.
(b) For lots greater than one acre: 1,500 square feet or the foundation footprint of the habitable portion of the principle building, whichever is greater.
(4) Accessory structure height. A maximum of 18 feet or the height of the principle building, whichever is less. The highest point of the roof of the accessory structure shall not be higher than the highest point of the roof of the principle structure. Accessory structures for non- residential uses may exceed this height, up to a maximum of 22 feet, through the Conditional Use Permit process upon demonstration that the proposal includes mitigation of any off-site impacts.
(5) No lot of record may have more than two detached accessory structures, except public parks and open space.
(6) Accessory structures in the Flood Hazard Area Overlay:
(a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow: and
2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood proofed to the regulatory flood protection elevation in accordance with the State Building Code. As an alternative, an accessory structure may be wet flood proofed to the flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment and does not exceed 500 square feet in size. All flood proofed accessory structures must meet the following additional standards:
1. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;
2. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and
3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a door prior to flooding will not satisfy this requirement for automatic openings.
(C) Residential fencing and walls.
(1) Fences or walls which detain or inhibit the flow of surface water drainage to and from abutting properties is prohibited.
(2) Setbacks.
(a) Front. Fences and walls more than 42 inches in height must be setback 15 feet from the property line. Multiple family dwelling developments or townhouse developments may have wrought iron (or similarly designed) fences constructed up to the front property line with the approval of the City Manager.
(b) Interior side or rear. No setback.
(c) Side or rear abutting public right-of-way. Fences and walls must be setback 15 feet from the property line and restricted for traffic visibility unless they qualify for one of the following exemptions. Fences may be allowed up to the property line if:
1. Properties are located on corners with controlled intersections, (i.e. stop signs or stop lights).
2. Fence or wall does not encroach into the clear view triangle as defined and regulated in § 152.223.
(3) Access required.
(a) Detached single- and attached two-family dwellings. Where any fence connects to a building at least one gate with a minimum width of two feet, six inches is required to allow access around the building.
(b) All other uses. Plans for fences and gates controlling access to the property must be approved by the Police and Fire Departments before construction begins.
(4) Fence height. No fence may exceed eight feet, six inches as measured from the top of the fence or supports to grade. Exceptions to this height may be made for fences enclosing tennis courts and other similar recreational uses or as may be required elsewhere in the City Code.
(Ord. 2000-936; Am. Ord. 2003-989, passed 2-10-03; Am. Ord. 2003-997, passed 5-12-03; Am. Ord. 2005-1033, passed 2-7-05; Am. Ord. 2011-1127, passed 7-25-11)