1164.01 GENERAL CRITERIA FOR ALL ACCESSORY STRUCTURES AND USES.
   (a)   Zoning Permit Required. The construction and installation of all accessory buildings and uses shall require a zoning permit, in compliance with the application requirements set forth in Section 1180.03.
   (b)   An accessory use which is clearly incidental and subordinate to a use listed in Chapter 1162 shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this section.
   (c)   The following shall be considered accessory uses in residential zoning districts:
      (1)   Accessory Storage Buildings, including Garages
      (2)   Family Day Care
      (3)   Home Occupations
      (4)   Private Swimming Pools
      (5)   Recreation and Community Facilities, intended for use by residents of a development in the R-3 district
   (d)   No accessory building, structure or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Zoning Code.
   (e)   No accessory structure shall be located within an easement.
   (f)   Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard. The parking setbacks set forth for the underlying commercial or industrial zoning district shall apply. All other buildings shall be considered principal buildings and shall conform to all lot and yard regulations and development plan review and approval requirements of the zoning district in which the lot is located.
   (g)   Landscaping and Incidental Structures Permitted. Hedges, shrubs, trees, flowers, plants, walks, latticework screens, mail boxes, lamp posts, bird baths, benches and similar landscaping features and incidental structures shall be permitted in a required yard provided such landscaping features and incidental structures comply with the visual clearance requirements for corner lots set forth in Section 1160.05.
   (h)   If any accessory structure is located within an easement, the owner of such accessory structure shall be responsible for any costs associated with the removal and/or replacement of the structure should access to the easement be required.
   (i)   Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located in accordance with the following restrictions:
Use
Yard Permitted
Minimum Setback from Lot Line
Front
Side
Rear
Attached Accessory Structure
None
(1)
(1)
(1)
Detached Accessory Structures, Including garages
Side, Rear
NA
(2)
(2)
Driveways
Front, Side, Corner Side, Rear
NA
3 ft
3 ft
Fence, Walls
Front, Side, Corner Side, Rear
o
o
o
Patios and decks
Front, Corner Side, Side, Rear
(1)
(2)
8 ft
Private Swimming Pools
Side, Rear
NA
(2)
(2)
(1) Shall comply with the setback requirements for principal buildings.
(2) Shall comply with the minimum side yard setback requirement for principal buildings.
NA - Not Applicable
(Ord. 62-2023. Passed 1-16-24.)