Section
209.01 Purpose
209.02 Conditional use permits
209.03 Agricultural buildings
209.04 General provisions and standards for all zoning districts
209.05 Single-family attached and detached accessory uses
209.06 Waste and recycling receptacles and enclosures
209.07 Sales in residential areas (accessory use)
The purpose of this section is to provide performance standards for the erection, siting, and use of accessory buildings, structures, and uses that may be allowed within the various zoning districts to ensure compatibility with the principal use and with surrounding properties, as well as to protect the general health, safety, and welfare of the community.
(Ord. 2011-06-07A, passed 6-7-2011)
Application for a conditional use permit under this chapter shall be regulated by Chapter 196 (Conditional Use Permits) of this title. Such a conditional use permit may be granted provided that:
(A) There is a demonstrated need and potential for continued use of the structure for the purpose stated.
(B) No accessory building or private garage shall be utilized for all or a portion of a Type I home occupation.
(C) Detached accessory buildings shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare.
(D) The performance standards and criteria of § 196.04 (General Performance Standards) of this title shall be considered and a determination made that the proposed activity is in compliance with such criteria.
(Ord. 2011-06-07A, passed 6-7-2011)
Agricultural buildings on farm properties in the A-1 Agricultural and RR Rural Residential Zoning Districts are exempt from the requirements of § 209.04(A), (B), (D), (E), (G), (H), (J), (K), and (L) (General Provisions and Standards for all Zoning Districts) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
(A) Time of construction. No detached accessory building or structures shall be constructed on any lot prior to the time of construction of the principal building to which it is an accessory use.
(B) Conditional use permit required. No building permit shall be issued for the construction of more than 1 detached accessory building on a single parcel except by conditional use permit.
(C) Site plan approval.
(1) Administrative permit required. Detached accessory buildings not exceeding 120 square feet in floor area shall be allowed without issuance of a building permit, but shall comply with all other provisions of this title. Such buildings must receive an administrative permit according to Chapter 198 (Administrative Permits and Approvals) of this title before they are constructed or moved onto property. The Zoning Administrator or designee shall review the site plan in accordance with Chapter 199 (Site Plan Review) of this title to determine compliance with this title and other applicable ordinances, laws, and regulations.
(2) Building permit required. Detached accessory buildings greater than 120 square feet in floor area shall require a building permit according to Chapter 203 (Building Permits Required) of this title. The Zoning Administrator shall review the site plan in accordance with Chapter 199 (Site Plan Review) of this title to determine compliance with this title, the Building Code and other applicable ordinances, laws, and regulations.
(D) Accessory building attached to principal structure. In cases where an accessory building is attached to the principal structure, it shall be made structurally a part of the principal structure and shall comply in all respects with the requirements of this title applicable to the principal structure.
(E) Requirements. Any structure which requires a building permit or which is 30 inches or more in height shall be subject to setback, floor area, and other requirements of this title.
(F) An accessory building, unless attached to and made a part of the principal structure, shall not be closer than 10 feet to the principal structure unless otherwise stated in this chapter.
(G) Height. The height of an accessory building shall be measured from the mean ground level to the uppermost point of the roof. Accessory buildings shall comply with the following height limitations, except as allowed by conditional use permit:
(1) Agricultural, rural, and residential districts. Detached accessory buildings and structures shall be limited to 15 feet in height except for the A-1 Agricultural District and RR Rural Residential District where detached accessory buildings other than garages shall not exceed 20 feet in height.
(2) Commercial, industrial, and special districts. Detached accessory buildings and structures shall be limited to 20 feet in height.
(3) Conditional use permit. Application for a conditional use permit under this section may be granted provided that:
(a) There is a functional need for the additional height while maintaining that the structure is accessory to the principal use consistent with the intent of this title.
(b) The additional height is necessary to maintain an evident architectural character compatible to the principal building.
(c) In no case shall the height of an accessory building exceed that of the principal building on the lot on which it is located within the R-1 Traditional Single-Family Residential, R-2 Suburban Single-Family Residential, R-3 Medium Density Residential and R-4 Multiple-Family Residential Districts.
(H) Area limitations.
(1) Except for agricultural buildings on farm properties in the A-1 Agricultural and RR Rural Residential Zoning Districts or as expressly permitted by approval of a conditional use permit or variance, the combination of detached accessory buildings shall not exceed 1,200 square feet per unit or lot.
(2) Storage spaces located directly below attached garages shall not be considered in determining allowable accessory building floor area.
(I) Setbacks.
(1) Attached buildings/garages. An attached garage shall be considered an integral part of the principal building and shall conform to district setback standards.
(2) Detached buildings. Detached accessory buildings shall comply with the following minimum setbacks.
(a) Front yard setback. The front yard setback of the applicable district shall apply.
(b) Rear yard setback. 10 feet.
(c) Side yard setback. 10 feet.
(d) Side yard setback corner lot. Same as front yard setback of applicable district.
(J) Exterior building material. Except for agricultural buildings on farm properties in the A-1 Agricultural and RR Rural Residential zoning districts, the same or similar quality and scale exterior building materials shall be used in the accessory building as in the principal building, except as may be allowed by conditional use permit for structures accessory to public and semi-public uses. All accessory buildings shall also be compatible with the principal building on the lot. COMPATIBLE means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause:
(1) A difference to a degree to cause incongruity.
(2) A nuisance.
(K) Ice fishing houses. Unless mounted on a trailer or equipped with wheels, ice fishing houses or other such structures used or designed to be used as temporary shelters shall be considered accessory buildings and shall be subject to the setback, square footage, and other regulations of this title.
(L) Compost structures and firewood piles. Compost structures and firewood piles shall be considered accessory uses, shall be limited to rear yards and shall be set back 10 feet from all property lines, but shall not be subject to limitations applicable to the number of allowed accessory structures or individual area and total area allowed for accessory structures by this section.
(M) Sport courts. Accessory outdoor recreation surface areas with permanent fixtures that are enclosed by fence or that include exterior lighting shall be subject to the following provisions.
(1) Location. The sport court shall be allowed only within the rear yard, shall not encroach within any drainage or utility easement, and shall comply with the following setbacks.
(a) Side lot line abutting a public right-of-way. 30 feet.
(b) Interior side lot line. 10 feet.
(c) Rear lot line. 10 feet.
(2) Fencing.
(a) Fencing enclosing the sport court shall be integral green, brown, or black color mesh fabric or similar material or vinyl coated chainlink with a minimum opacity of 75%.
(b) The maximum height of the fence shall be 6 feet unless located within the buildable area of the lot or at least 10 feet from the rear lot line where a maximum height of 8 feet shall be allowed.
(c) The fence shall be located within 5 feet of the sport court surface.
(3) Exterior lighting.
(a) Illumination of the sport court shall comply with the provisions of § 205.11 (Exterior Lighting) of this title.
(b) The sport court shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. or at other times when not in use.
(c) Light fixtures illuminating the sport court shall be within 5 feet of the surface.
(d) Light fixtures shall not be mounted to a height greater than 15 feet and shall be downcasts with a 90 degree horizontal cutoff.
(e) All electrical wiring shall be located underground.
(Ord. 2011-06-07A, passed 6-7-2011)
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