In A/R, R-1A, R-1B, R-1C, R-2, MHR and RM Residential Districts, accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations.
(A) General requirements.
(1) Timing of construction. No accessory structure or use shall be constructed or established on a parcel, unless a principal building or use is already established on the same parcel of land or a building permit has been issued for a principal building and rough framing of same has been completed. However, in the A/R District, accessory buildings may be constructed at any time on a farm, as defined by § 154.003, and on a non-farm parcel, a personal storage building is permitted, as defined and regulated by § 154.055.
(2) Site plan approval. If a site plan for review and approval is required under § 154.150, the plan shall indicate the location and dimensions of accessory structures.
(3) Conformance with lot coverage standards. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards, where required.
(4) Limited to lawful uses. An accessory building shall be used solely for lawful accessory uses as defined and permitted in the district in which it is located.
(5) Permit required. A certificate of zoning compliance shall be required for any accessory structure that exceeds 120 square feet in size. In addition, a building permit shall be required for an accessory structure that is at least 200 square feet in size.
(B) Attached accessory structures. Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main buildings.
(C) Detached accessory structures.
(1) Setbacks.
(a) Accessory structures (including garages) that are not structurally attached shall meet the same setback and coverage requirements as set forth for the principal structure, except as otherwise specified for accessory structures.
(b) Detached accessory structures shall maintain a minimum rear yard setback of:
1. Three feet in the R-1A and R-1B Districts;
2. Twenty feet in the A/R, R-1C and R-2 Districts, with the exception noted for farming operations; or
3. Twenty-five feet in the RM District.
(c) However, in the A/R District on parcels used in farming operations as defined in § 154.003, accessory farm buildings shall be located not less than 100 feet from any dwelling and not less than 25 feet from any lot line or property boundary, with the exception that the main farm building shall not be less than 150 feet from the front property line state’s “generally accepted agricultural and management practices” (GAAMPS) may require a greater setback.
(d) This requirement does not apply to the alteration or addition to an accessory farm building which existed prior to the adoption of this chapter and which is closer to the road. Also, the setbacks for an accessory building usually incidental to a dwelling, such as a garage, shall be the same as specified for residential districts.
(2) Number. In the R-1A, R-1B and R-2 Districts, one detached private garage and one additional accessory structure shall be permitted per lot. In the R-1C District and on lots less than three acres in the A/R District, a total of three accessory structures are permitted. In the RM and MHR Districts, the number of accessory buildings shall be established in a site plan review.
(3) Size. In addition to conforming to the lot coverage standards of § 154.063, the combined floor area of accessory buildings in the rear yard shall not cover more than 30% of the rear yard, and the combined floor area of accessory buildings in a side yard shall not cover more than 30% of a side yard. In addition, in Districts R-1A, R-1B and R-2, the footprint of an accessory building shall not exceed the footprint of the dwelling.
(4) Heights. Heights for detached accessory buildings shall be calculated in accordance with the building height definition in § 154.003, subject to the following.
(a) In the R-1A, R-2, RM and MHR Districts, detached accessory structures shall not exceed the smaller of the following: the height of the principal structure, or the maximum height permitted for dwelling units in the district where the lot is located.
(b) In the A/R, R-1B and R-1C Districts, a detached accessory building shall not exceed 20 feet in height. This does not apply to accessory farm buildings and structures in the A/R District.
(5) Permitted location. An accessory building, except as otherwise provided herein, shall be located only in a side or rear yard. In no instance shall an accessory building be located within a public or private dedicated easement or right-of-way.
(6) Corner lot provisions.
(a) When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, the building shall not project beyond the front yard line required on the lot in rear of the corner lot.
(b) When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, the building shall not project beyond the side yard line of the lot in the rear of the corner lot.
(7) Double frontage lot provisions. When a lot has frontage on two streets, the location of an accessory building must observe the front yard setbacks for both streets. This does not apply to accessory buildings located in a rear yard fronting on a street where there are no primary dwellings fronting on the street in the same block.
(8) Placement in front yard, special provisions. The Zoning Administrator may grant approval for a detached accessory structure in a front yard upon being satisfied that the following standards will be met and may request the drawings and written materials as necessary to make a determination:
(a) The accessory structure shall be set back from the side lot lines by a distance of not less than the minimum side yard setback required for the main building;
(b) The front yard setback of the accessory structure shall be equal to, or exceed, that required for the main building;
(c) The color, style and proportions of the accessory structure shall be identical to, or shall closely match, or shall complement the front exterior of the main building as to at least two of these four categories: roof pitch and materials, finish materials and color, window style or architectural details such as overhangs, brackets or gables;
(d) The structure shall not cover more than 10% of the front yard;
(e) The height of the accessory structure shall not exceed that of the main building, except as provided below; and
(f) Notwithstanding the foregoing, in areas of the R-1A District with established dwellings and accessory structures predating the adoption of this chapter, the Zoning Administrator may allow a proposed detached accessory structure to have a size and setback equal to the average of similar structures within four adjacent addresses on both sides.
(9) Guest quarters, home offices or similar uses. Guest quarters, home offices or similar uses may be permitted in any residential district as part of a detached accessory structure subject to the following requirements:
(a) The guest quarters, home office or similar use shall not be utilized as a permanent dwelling unit. As part of the application for the construction of the accessory structure, the applicant shall sign an affidavit stating their intention for the proposed use. The signed affidavit shall also state that the building will not be utilized as a permanent dwelling unit;
(b) The portion of the accessory structure utilized for a guest quarters, home office or studio shall not exceed 1,000 square feet in area;
(c) A plot plan and building plan shall be submitted to the Building Official and Planning Commission, if applicable, showing the location, size, floor plan and building elevations of the proposed structure; and
(d) The square footage of the guest quarters shall not be permitted to exceed the square footage of the principal building on site.
(Ord. passed 6-28-2006; Ord. passed 10-20-2008)