(A) Accessory structures and uses to observe required setbacks. Unless specifically provided herein, all accessory structures and uses shall observe all required setbacks, yard and other requirements applicable to the principal building or use for the district within which they are located. No accessory structure or use may be located in any required buffer area. In no case shall miscellaneous articles associated with such use be stored or displayed for sale closer than 35 feet to any property line having street frontage. In no case shall any accessory use or structure be built or placed within a public right-of-way.
(B) General requirements.
(1) The use of mobile or manufactured homes, shipping containers, or similar structures as accessory buildings shall only be permitted in the CMU, GBD or IND Districts provided they are not visible from the street.
(2) The number of accessory buildings shall not exceed three on any lot or parcel in the R-15, R-10, R-6, or R-6S Districts. There is no maximum requirement for the number of accessory buildings in other districts.
(3) Accessory structures shall collectively not exceed 50% of the Gross Floor Area (GFA) of the principal structure(s) in the R-15, R-10, R-6, of R-6S Districts, or 35% of the required rear setback area. No maximum area is required for other districts.
(4) In all residential districts, corrugated or flat metal or plastic panels and similar materials cannot be used on the exterior walls of an accessory structure which is located in the side yard area. However, corrugated or flat metal or plastic panels and similar materials may be used for the exterior walls of accessory structures if the accessory structure is located in the rear-yard area and is shielded from view by the principal building, fencing, or landscaping so that it cannot be viewed from any street.
(5) In the R-15, R-10, and R-6 Districts, open storage of materials (i.e., not under a roof) shall not exceed 50 square feet.
(6) Accessory buildings in residential districts shall not be used for storage in connection with a trade, except with an approved home occupation permit.
(7) Private and decorative fences are permitted along the property line of any lot or parcel in compliance with the visibility requirements of § 157.191-Visibility at Intersections; Sight Triangle.
(C) Location. Unless specifically regulated, accessory structures and uses are permitted within the buildable area on the side or in the rear of the primary building, but not in front of the primary building. Under the following conditions; accessory structures and uses are permitted within required yards and setback areas:
(1) Off-street parking and loading space. Off-street parking and loading spaces are permitted in required yard and setback areas, but not in required buffer areas.
(2) Accessory structures, carports, garages, and other storage buildings. Detached accessory structures may be built within the required side and rear setbacks provided the structure is located no more than three feet from the rear property line. No accessory structure in a residential district shall be built closer than three feet to any side or rear property lines.
(D) Specific requirements and conditions. The following requirements apply to specific accessory uses.
(1) Domestic animal shelters and pens in residential areas for housing small animals.
(a) Within residential zones, pens and shelters may be constructed in accordance with the following restrictions for the purpose of housing domestic pets and small animals. Commercial training or breeding facilities for small animals are prohibited. Horses, chickens, and dogs are allowed provided they do not exceed the maximum number allowed as stated below.
(b) Maximum number of animals.
1. Three dogs or small domestic animals per residential lot.
2. Ten chickens per residential lot, however no roosters are allowed.
(c) Pens may be located in the rear yard only.
(d) Required setbacks.
1. Ten feet from the side and rear property lines.
2. Seventy-five feet from any adjacent residence.
3. Thirty-five feet from any guest house, pool, or recreational use.
(e) The pen must be constructed to allow for proper and sanitary waste disposal and adequate drainage to prevent ponding and propagation of insects. Application of lime and pesticides to control odor and insects will be required.
(f) All food must be stored in rodent and insect proof containers.
(2) Stables and paddock fences accessory to residential uses.
(a) Paddock fences allowed in rear yard area only, except that on lots of three acres or more, paddock fences may also be located in front and side yards.
(b) Paddock fences must be at least five feet from the nearest adjacent property line and at least 50 feet from the nearest portion of any existing residence on an adjacent parcel. Paddock fences may be located on the property line if adjacent to:
1. Permanent right-of-way (highway, wet lands).
2. Another equestrian use.
(c) Stables are allowed in the rear yard only.
(d) Each stable must have a fenced paddock area of at least 1,000 square feet.
(e) Stables must be at least ten feet from the nearest property line of any adjacent non-residential parcel and at least 100 feet from the nearest property line of any existing adjacent residential use or residentially zoned vacant parcel.
(f) Maximum four horses per acre of approved paddock area.
(g) The paddock area must be maintained so as to prevent ponding of water and the propagation of insects and to prevent pollution of adjacent streams.
(h) The paddock and stable must be maintained in a sanitary condition through the proper use of lime and pesticides.
(i) Manure must be removed at least twice weekly so as to prevent propagation of flies and creation of odors.
(j) Manure piles shall be located at least 50 feet from any property line.
(k) All grain must be stored in rodent proof containers.
(3) Portable classrooms. Portable classrooms, as an accessory use to an existing building, in any district for cultural, community, or educational facilities or religious complexes, for an indefinite period provided all setback requirements for the district in which the structures are to be located and applicable buffer and landscaping requirements are met.
(4) Fences and walls.
(a) General. The following standards shall apply to all fences and walls in all zoning districts unless otherwise noted.
1. Fences and walls shall be installed and maintained in compliance with the visibility requirements of § 157.191-Visibility at Intersections; Sight Triangle, and so as not to otherwise interfere with the needs of drivers in parking areas, at entrance and exit locations, and at street intersections.
2. Fences and walls shall be constructed such that the "finished" part of the fence or wall is located to and facing the exterior of the property.
3. Nothing in this division (D)(4) shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the Building Code, soil erosion and sedimentation requirements, or tree conservation requirements.
(b) Material and design. The following standards shall apply to all fences and walls in all zoning districts, unless otherwise noted.
1. Chain link fences shall not be permitted in a front setback area, except in the B2, CMU and IND Districts. This standard shall not apply to tennis courts and ball fields. Wire fences with a minimum grid size of 2 inches by 4 inches are allowed provided they are supported by wooden posts and include landscaping.
2. In a commercial district, fences made of chain link or similar material placed in an established yard which abuts a residential or mixed-use district shall provide a semi-opaque vegetative screen on the exterior side of the fence.
3. Security walls and fences, including but not limited to barbed wire, razor wire, concertina wire, and similar high security fencing material shall only be permitted in the IND District.
4. Electric fencing shall only be permitted where it is accessory to a permitted agricultural or equestrian use.
5. Walls and fences used for landscaping or screening shall be constructed of masonry, stone, wood, vinyl or a material similar in composition and appearance as the principal building. Such walls and fences shall be opaque or shall be of a design approved by the Zoning Administrator. See § 157.139-Screening.
6. Unfinished concrete block walls (excluding decorative concrete block) shall not be permitted.
7. Fences constructed of readily flammable material such as paper, cloth, or canvas, but not including wood, shall be prohibited.
8. Fences or walls topped with or containing metal spikes, broken glass, or similar material shall be prohibited.
(c) Height. The following height limitations shall apply to all fences and walls unless otherwise required by this subchapter.
1. The maximum height of fences and walls shall be four feet above grade when located within a required yard adjacent to a public street and a maximum of eight feet when located within any required side or rear yard not located adjacent to a public street or alley.
2. Decorative caps or spires which extend above the highest horizontal member of the fence shall not be included in the measurement of height.
3. In the GBD and IND Districts, the maximum height of fences and walls shall be six feet above grade when located within a required yard adjacent to a public street if the fence is setback ten feet from the front property line and the area between the fence and the property line is landscaped per the requirements of § 157.137-Landscaping and § 157.138-Buffers. Fences shall be a maximum of eight feet when located within any required side or rear yard not located adjacent to a public street.
(5) Swimming pools. Swimming pools located on any site, including single-family residential sites, shall meet the following requirements.
(a) Located in a side or rear yard only.
(b) Located a minimum of ten feet from any property line.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2017-013, passed 10-10-17; Am. Ord. 2021-012, passed 6-22-21)