(1) Accessory buildings, structures, and uses shall be compatible with the principal use and shall not be established or built prior to the establishment or building of the principal use unless specifically approved by the Planning and Zoning Department on a case by case basis only. (Ord. 2805, 11-2-2009)
(2) Except as otherwise regulated herein, an accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following: (Ord. 3102, 9-5-2017)
A. Regardless of zoning district, setbacks and separation distances for primary and accessory buildings and structures shall comply with all applicable city building codes. (Ord. 2865, 6-20-2011)
B. No accessory building, structure or use (signs are not considered an accessory building, structure or use for purposes of this chapter) may be placed, built or constructed such that any portion of the building, structure or use (including, but not limited to, foundations, footings, eaves, cornices, and/or canopies) is on, in or over any portion of any easement (recorded or nonrecorded) or easement area or existing or future public right of way or right of way area, regardless of setback requirements and regardless of the size of the building or structure, except in certain instances where the applicable utility and/or the city has granted permission for such placement. While the city generally prohibits the placement of buildings and structures, etc., in easements and public rights of way areas, any buildings and structures, etc., that are placed in an existing or future public right of way, public right of way area, easement or easement area, whether intentionally or accidentally, shall be subject to the following conditions:
1. Structure shall be removed by and at the property owner's expense within five (5) days of a request by the city or utility to remove said structure;
2. Structure can be removed by the city or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right of way maintenance/improvements for any existing or future public right of way areas or easements. Furthermore, city or utility shall not be responsible for any damage caused to structure during the process of removal;
3. Property owner shall sign and have notarized a statement, as prepared by the city, acknowledging the above items. (Ord. 2805, 11-2-2009)
C. The following requirements are applicable in residential zones as well as any other zone being used for residential purposes: A detached accessory building, structure or use less than two hundred (200) square feet in size shall have no setback requirement but shall comply with subsection (2)B of this section. A detached accessory building, structure or use two hundred (200) square feet or greater but under six hundred (600) square feet shall be located no less than five feet (5') from an interior lot line but shall also comply with subsection (2)B of this section. Accessory buildings and structures exceeding an area of six hundred (600) square feet are permitted in the rear yard with no portion of the building or structure built within the rear or side yard setback area required in section 10-02-03 of this article and shall also comply with subsection (2)B of this section. When on a corner lot, a detached accessory building, structure, or use shall be no nearer to a side lot line adjoining a street than the applicable distance required in section 10-02-03 of this article and shall also comply with subsection (2)B of this section. (Ord. 2746, 5-19-2008; Ord. 2805, 11-2-2009)
D. A detached accessory building, structure, or use shall not exceed twenty-two feet (22') in height in the R-1, R-2 and R-3 districts and shall not exceed thirty-three feet (33') in height in the RS-1 and RS-2 districts.
E. The height of detached accessory buildings, structures, and uses in commercial, industrial, and institutional zoning districts shall not exceed the maximum building height allowed in the applicable zoning district.
F. Trailers, or other portable buildings or structures, shall be permitted in any district when used as temporary buildings for offices or storage of material and equipment as incidental to and on the same lot or adjacent lots during construction operations of the principal use, for a period not to exceed twelve (12) months. An administrative extension may be granted by the planning and zoning director, after completing the administrative determination request form. A temporary use permit shall be required for the initial twelve (12) month period and shall have to be renewed should an administrative extension be granted.
G. Swimming pools, in all zoning districts, shall be completely screened off with six foot (6') high fencing around all adjacent side and rear yards, and the pool shall be set back ten feet (10') from all property lines. Barriers shall be provided and regulated under the adopted building codes regulating swimming pools and spas (see definition of “swimming pool” in section 10-03-11 of this chapter).
H. Clubhouses, fitness centers, and the like are permitted as accessory uses in a residential district when they are part of a residential subdivision or planned unit development and are located on a platted common lot to be owned, operated and maintained by a homeowners' association. All setbacks and height restrictions of the residential zoning district shall be followed. (Ord. 2746, 5-19-2008)
I. Under no circumstances shall any detached accessory uses, structures or buildings as listed in this section be permanently used as a dwelling in any shape, form or fashion, unless specifically stated otherwise elsewhere in this chapter. This requirement also applies to camping trailers, tents, recreational vehicles and similar unless: 1) such structures are located in a bona fide campground site or recreational vehicle park and must then adhere to the requirements for a campground site or recreational vehicle park; 2) the camping trailers, tents, recreational vehicles and similar are being utilized temporarily ("temporarily" for purposes of this requirement shall mean no more than 14 days within a 6 month time period) for visitors or guests of the property owner and must be parked on private property outside of any right-of-way; or 3) the property owner is in the process of constructing the primary dwelling and is utilizing a recreational vehicle or similar as a dwelling on the subject property until occupation of the primary dwelling is possible, in which case such temporary use may be granted by the Planning and Zoning Department for a period not to exceed one year. (Ord. 3102, 9-5-2017)
J. Accessory uses, buildings and/or structures shall immediately be removed by the applicant if it is determined by the Planning and Zoning Director that any standard or requirement of the accessory uses, buildings and structures ordinance or any other City laws, ordinances or statutes are being violated. Prior to any removal, the applicant shall be afforded an opportunity for a hearing before the Council; said hearing must be requested within seven (7) days of receipt of a notice of order to remove an accessory use, building and/or structure. Failure to request such a hearing will result in the applicant immediately removing the accessory use, building, and/or structure. (Ord. 2746, 5-19-2008)
K. BMX and dirt bike tracks, whether recreational or commercial in nature, are not permitted as an accessory use in any residential or mixed use zoning district. (Ord. 2939, 10-21-2013)
L. Ponds and other water features shall be set back forty feet (40') from a public right-of-way and twenty feet (20') from a side or rear property line.
M. In residential zones, the square footage of an accessory structure shall not be greater than that of the principal residence, unless approved through a special use permit.
N. When a building permit for the principal structure is issued at the same time as the accessory structure, the certificate of occupancy for the accessory structure shall not be issued prior to the principal structure receiving a certificate of occupancy. (Ord. 2967, 7-21-2014)
O. Accessory dwelling unit (ADU) shall include its own independent living facilities with provisions for sleeping, cooking, and sanitation. ADUs shall meet all of the following standards:
1. No more than one ADU shall be located on an individual parcel.
2. Shall be limited to a maximum of seven hundred (700) square feet and no more than one bedroom (excluding garages and other uninhabitable space).
3. Shall have a separate exterior entrance or an entrance to an internal common area accessible to the outside.
4. Shall be consistent in design with the principal residence, including roof pitch, siding, color, materials, and windows.
5. Shall provide a minimum of one parking space.
6. Shall provide proof of owner occupancy of the premises. Either the principal residence or the ADU must be occupied by the owner of the parcel on which they are constructed at all times.
7. Manufactured homes, mobile homes, and recreational vehicles shall be prohibited for use as an ADU.
8. The ADU shall not be subdivided from the main parcel on which it is located.
9. The ADU shall meet the setback requirements for accessory structures as set forth in subsection (2)C of this section. (Ord. 3102, 9-5-2017)
(3) The following table (applicable only to RS-1, RS-2, R-1, R-2, and R-3 Districts and to residential dwellings in C-C, T-N, H-C, C-D and H-D Districts) shows where accessory buildings, structures, and uses are permitted, with respect to the location of the principal structure, as follows (except that sheds and storage buildings for garden equipment and household items may be located on a side yard adjoining a street in instances where a parcel or lot has no available interior side yard or rear yard area and where the property is not located within the Steunenberg Residential Historic District):
Accessory Building, Structure Or Use | Front Yard | Side Yard Adjoining A Street | Interior Side Yard | Rear Yard |
Accessory Building, Structure Or Use | Front Yard | Side Yard Adjoining A Street | Interior Side Yard | Rear Yard |
Accessory dwelling unit (ADU) | X | |||
Air conditioning equipment shelter | X1 | X | X | |
Arbors or trellises | X | X | X | X |
Buildings, structures or enclosures housing livestock (see section 10-02-15 of this article for definition of "livestock") | X | X | ||
Classroom modular units are permitted on a parcel or lot containing an existing school and shall be located at least 30 feet from any property line | X | X | ||
Clothesline | X1 | X | X | |
Fireplaces, outdoor | X1 | X | X | |
Flagpoles | X | X | X | X |
Garages, detached | X | X | X | |
Gazebos | X | X | X | X |
Lawn furniture such as benches and birdbaths | X | X | X | X |
Lighting, ornamental | X | X | X | X |
Patio, porches, decks, or similar | X | X | X | X |
Playhouses | X | X | ||
Pond and other water features | X | X | X | X |
Portable RV covers/portable carports/portable vehicle covers | X | X | ||
Sheds and storage buildings for garden equipment and household items | X1,2 | X | X | |
Solar panels (ground mounted) | X1 | X | X | |
Swimming pools, private, when in conformance with other codes | X | X | X | |
Television and radio antennas and satellite dishes (stand alone) | X | X | ||
Tennis courts, private | X1 | X | ||
Trailer pads or pads for recreational vehicles or the like (pads are separate from, and in addition to, the usual residential driveway for a residential dwelling unit) | X | X | X | |
Other accessory buildings, structures and uses herein permitted in district regulations as accessory to a specific permitted use | X | |||
Notes:
1. May be permitted within the side yard adjoining a street when located behind a minimum 6 foot tall solid, sight-obscuring fence.
2. Maximum height of a shed and/or storage building shall be no greater than 9 feet.
(Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3558, 12-19-2023)