An accessory use or structure for a one or two-family detached dwelling shall comply with the requirements of Section 1133.13 (Accessory Uses and Structures).
(a) An Accessory use shall not be established nor an accessory building or structure constructed in an R-4 district without an existing or proposed principal building, structure or use, and shall comply with the following requirements. A permitted accessory use in the R-4 District may occupy a part of the principal building, occupy an accessory structure or constitute an accessory land use.
(b) Private Swimming Pools. An outdoor private swimming pool shall be allowed only as an accessory to a permitted use in an RC or R District and shall comply with the following requirements. A portable swimming pool and an indoor private swimming pool shall not be subject to the requirements of this section.
(1) The pool is intended and is to be used solely for the enjoyment of the owners, occupants, tenants and guests of the principal use of the property on which it is located.
(2) The pool and any appurtenant structures or equipment adjacent thereto or improvement intended to be used in connection therewith shall not be located closer than ten (10) feet to any property line of the zoning lot on which it is located.
(3) The swimming pool, or the property on which it is located, shall be enclosed with a wall or fence to prevent access from the street or adjacent lots. The fence or wall shall be at least five (5) feet high with a gate and lock and maintained in good condition.
(4) The swimming pool shall comply with the requirements for accessory structures in Section 1135.13.
(c) Fences and Walls. Fences and walls shall be permitted accessory uses and shall comply with the requirements set forth below.
(1) Location. A fence or wall may be built adjacent to but not upon the boundary line, and shall be located entirely on the owner's property. The Community Development Administrator may approve a fence to be placed upon the property line when the fence connects to an existing fence on an abutting property and the abutting property owner has agreed in writing to the connection of the fences.
(2) To maintain clear and unobstructed vision, an opaque fence shall not be permitted within ten (10) feet, in any direction, of the following points:
A. The intersection of a driveway and sidewalk or front property line if there is no sidewalk;
B. The intersection of a driveway and public right-of way;
C. The intersection of two driveways.
(3) Materials and Construction.
A. Approved wall and fence materials include stone, brick, finished wood, iron, split rail or synthetic products with the appearance of the foregoing. Chain link fencing may be used only in the rear yard. When chain link fencing in a rear yard is adjacent to a street, such as on the street side of a corner lot, the fencing shall be screened from public view by an approved landscape screen.
B. Electrified, razor wire and barbed wire fencing in whole or in part are prohibited.
C. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.
(4) Height. Fences up to three (3) feet high shall be permitted in front yards and side yards. Fences up to six (6') feet in height shall be permitted in rear yards.
(5) Maintenance. All fences shall be structurally sound and maintained in good condition. The owner of the property upon which the fence exists shall be responsible for maintaining both sides of the fence. If a fence is approved to be installed on the property line, the permit holder shall be responsible for maintaining both sides of the fence. A fence shall be maintained in good condition, remain structurally sound and be attractively finished at all times.
(6) A fence shall be shown in the development plan and approved as part of a development plan review pursuant to Chapter 1111.
(d) Minimum Setbacks for Accessory Buildings and Uses. An accessory building including a garage, carport or recreation facility, and an active recreation area such as a swimming pool or tennis court which is intended for use by the residents of the R-4 development, shall comply with the minimum setbacks:
(1) No accessory use, structure, or building shall be located in the front yard.
(2) The minimum setback from a public right-of-way shall be equal to the distance of the setback from the principal building.
(3) The minimum setback from a side or rear lot line abutting a nonresidential district shall be 15 feet.
(4) The minimum setback from a side or rear lot line abutting an RC, R-1, R-2, R-3, or R-4 District shall be 20 feet.
(e) Additional Regulations for Vehicles.
(1) The repainting, rebuilding, overhauling or dismantling of a vehicle and the storage of tires, motor, body or other vehicle parts is prohibited in an open yard.
(2) Overnight parking or outdoor storage of a commercial motor vehicle over one (1) ton rate capacity is prohibited.
(3) Parking or storage of a vehicle in the lawn area of a residential lot is prohibited.
(4) Parking a recreational vehicle/equipment on a driveway or open yard shall be permitted for not more than two (2) weeks provided that the vehicle is not parked on the public street or alley right-of-way and. subject to the following conditions:
A. Recreational vehicles may be parked subject to the conditions stipulated in subsection (B) provided that no living quarters shall be maintained therein, or any business conducted in connection therewith while such trailer is stored or parked and that no permanent connection is made to any utilities.
B. Recreational vehicles, camper trailers, small utility trailers and boats and boat trailers may be parked or stored outside an enclosed garage, other accessory building or on a driveway provided that no such vehicle shall overhang in the public right-of-way or be parked or stored on a public street or alley right-of-way, or in the required front setback or on that part of the driveway which may be located within the required front setback. A driveway or parking space shall not be constructed within the required front setback for the sole purpose of parking or storing of such vehicles.
C. The recreational vehicle/equipment is intended and used for the sole benefit and enjoyment of the resident occupants or guests of the property on which it is stored or parked.
D. If the recreational equipment is parked or stored outside, it shall be parked on an impervious surface, such as asphalt or concrete.
E. All recreational equipment shall be kept in good repair and carry a current year's license or registration.
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)