§ 337.23 Accessory Uses in Residence Districts
   (a)   Permitted Accessory Uses. The following accessory uses and buildings are permitted in a Residence District. Attached and detached garages shall be regulated as described in division (a)(6) of this section. All other permitted accessory buildings shall be located on the rear half of the lot, a minimum of eighteen (18) inches from all property lines and at least ten (10) feet from any main building on an adjoining lot in a Residence District. Accessory buildings shall not occupy more than forty percent (40%) of the area of the required rear yard and, in the case of a corner lot, shall be located back of any required setback or specific building line. For side street yard regulations consult Sections 357.05 to 357.07.
      (1)   Within a main building, the office of a surgeon, physician, clergyman, architect, engineer, attorney or similar professional person residing in such main building and employing in the office not more than one (1) nonresident office or laboratory assistant.
      (2)   Customary home occupation for gain carried on in the main building or in a rear building accessory thereto and requiring only customary home equipment; provided that no nonresident help is employed for that purpose, no trading in merchandise is carried on and no personal physical service is performed and, in a Limited One-Family District or in a One-Family District, no sign or other outward evidence of the occupation is displayed on the premises.
      (3)   Agricultural uses, subject to the regulations of Section 337.25 and Section 347.02 regarding the keeping of farm animals.
      (4)   Private incinerators for the burning of refuse and garbage produced on the same premises, provided that the construction is such as to assure immediate and complete combustion and freedom from offensive smoke, ash, unburned particles and odors, and a permit therefor is granted by the Commissioner of Environment.
      (5)   Fences and walls, as regulated in Chapter 358.
      (6)   Parking spaces for the occupants of the premises and, when the premises are used for other than residence purposes, for their employees, patrons and guests provided they are located in the rear half of the lot.
         A.   Interior Lots.
            1.   Detached Garages. Permitted provided they are located in the rear half of the lot.
            2.   Attached Garages. Permitted provided they are located in the rear half of the lot, or provided that they have their entire width and height screened from a required or actual Front Yard Setback Building Line by an Active Use of at least 9 (nine) feet in depth..
         B.   Corner Lots.
            1.   Lot width: more than 40'.
               a.   Attached and Detached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be set back a minimum of eighteen (18) feet from the Side Lot Line, or a minimum of fifty percent (50%) of the established Side Street Setback, whichever is greater.
            2.   Lot width: 40' or less.
               a.   Detached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a minimum of 18 (eighteen) feet from the Side Lot Line.
               b.   Attached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a maximum of twenty-four (24) feet from the Interior Side Lot Line. Any garage door fronting a Side Lot Line and within eighteen (18) feet of a Side Lot Line shall be limited to a maximum of nine (9) feet in width.
         C.   In a Dwelling House District the floor area of a private garage erected as an accessory building shall not exceed eight hundred (800) square feet unless the lot area exceeds four thousand eight hundred (4,800) square feet in which event the floor area may be increased in the ratio of one (1) square foot for each twelve (12) square feet of additional lot area.
         D.   In Multi-Family Districts, garages and parking spaces erected or established as accessory uses shall be subject to the restrictions specified in Sections 343.19 to 343.21 and Chapter 349.
      (7)   Garage Sale or Other Residential Property Sales, as defined in Section 676B.01(a), as long as they conform to the provisions in Chapter 676B.
      (8)   Signs permitted in accordance with the requirements of Chapter 350.
      (9)   Any other accessory use customarily incident to a use authorized in a Residence District except that no use prohibited in a Local Retail Business District shall be permitted as an accessory use.
   (b)   Accessory Building Erected Prior to Erection of Main Building. An accessory building may be erected prior to the construction of the main building only if:
      (1)   The accessory building is erected on the rear half of the lot;
      (2)   The accessory building is so placed as not to prevent the practicable and conforming location of the main building;
      (3)   The main building is completed within two (2) years from the date of issuance of the permit for the accessory building.
(Ord. No. 887-18. Passed 6-3-19, eff. 7-3-19)