Accessory uses, buildings and structures permitted in AA, A and B Districts shall conform to the location, coverage and maintenance standards contained in this section. Attached private parking garages are subject to all yard requirements for a principal building specified in Section 1121.08 and shall comply with the floor area regulations for private parking
garages established in subsection (e) hereof.
(a) Minimum Yard Requirements for Accessory Uses. An accessory building or use permitted in an AA, A or B District shall be located as set forth in Schedule 1121.12(a), however, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in subsections (b) through (p).
Schedule 1121.12(a)
MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES
Minimum Distance (in feet) From | |||||
Permitted Use, Structure, Building | Yard in Which Permitted | Rear Lot Line | Side Lot Line | Side Street (Corner Lot) | Principal Building |
(1) Detached private parking garage | Rear | 3(a)(i) | 3(i) | 25(b) | 0 |
Side | 5(a)(i) | (c)(i) | 25(b) | 0 | |
(2) Pool house, other similar buildings | Rear only | 5 | 5 | (e) | 0 |
(3) Swimming pool (above and below ground) | Rear and side | 15 | 15 | 15(b) | 5 |
(4) Deck, porch, handicap ramp, steps, hot tub and similar structures exceeding 3 feet in height (f) | Rear and side | 5 | 5 | (d) | 0 |
Front | See Section 1121.12(b) | ||||
(5) Deck, patio, porch steps, ornamental pool, coldframe and similar structures not exceeding 3 feet in height (f) | Rear and side | 3 | 3 | (d) | 0 |
Front | See Section 1121.12(b) | ||||
(6) Fences exceeding 4 feet in height | Rear side and corner side | (g) | (g) | (g) | 0(g) |
(7) Fences not exceeding 4 feet in height (k) | Front, side, rear and corner side | 0(g) | 0(g) | 0(g) | 0(g) |
(8) Sidewalk and driveway | Front, side, corner side and rear | 3 | 3 | NA | 0 |
(9) Open parking areas for storage of noncommercial vehicles and recreational equipment (h) | Rear only | 3 | 3 | NA | 0 |
Minimum Distance (in feet) From | |||||
Permitted Use, Structure, Building | Yard in Which Permitted | Rear Lot Line | Side Lot Line | Side Street (Corner Lot) | Principal Building |
(10) Freestanding air conditioning machinery, emergency generator, above-ground components of geothermal energy systems, and other similar equipment | Rear and side, except not in required minimum side yard (see Section 1121.08) and standard screening, see note (m). | 3 | AA-10 & A&B-5 | NP | NA |
(11) Rain Barrels and Above Ground Cisterns (j) | Rear, front and side | (j) | (j) | (j) | 0 |
(12) Laundry clothesline | Rear only | 3 | 3 | NA | 0 |
(13) Vegetable/edible gardens | (l) | (l) | (l) | (l) | (l) |
(14) Compost Bin(s) (n) | Side and Rear | 3 | 3 | NA | 3 |
(15) Chicken coop and run | Rear | 10 | 10 | NA | 10 |
(16) Storage sheds | Rear | 3 | 3 | (e) | 0 |
Notes to Schedule 1121.12(a) NA Not Applicable NP Not Permitted (a) When the rear yard of a corner lot abuts the side yard of an interior lot, a detached private parking garage shall be located no less than five (5) feet from the rear lot line. (b) Or no closer to the side street than the principal building, whichever is greater. (c) Shall maintain the minimum dimension for the side yard of a principal use as specified in Section 1121.08. (e) Shall be no closer to the side street than the principal building, unless specifically permitted elsewhere in this Zoning Code. (f) "Height" of a deck, porch, ramp, or steps means the vertical distance from the average finished ground elevation to the top of the floor surface. (i) The Zoning Administrator may approve reduced rear and side yard setbacks for a detached private parking garage, provided that in no event shall the Zoning Administrator approve setbacks less than those of an existing or previously existing detached private parking garage on the property and shall adhere to all applicable Building Code regulations. (j) See Section 1121.12(m) for additional regulations. |
(k) Reserved. (m) Standard screening means a fence, masonry wall or evergreen hedge which is eighty percent (80%) or more solid and either six (6) feet high or a height adequate to screen the view from a person six (6) feet tall standing on a public street or on adjacent property. |
(b) Permitted Structures in Front Yard and Corner Side Yard. Unenclosed porches, decks, and patios may extend into a front or corner side yard no more than twelve (12) feet in front of the building provided that it does not extend more than six (6) feet into a required front yard. Steps, ramps and lifts of the accessory structure may extend into the front or corner side yard subject to Zoning Administrator review and approval.
(c) Maximum Front and Side Yard Coverage. Accessory structures permitted in a front or side yard (as set forth in Schedule 1121.12(a) including buildings, structures, or pavement) shall cover no more of the front and side yard than set forth below:
(1) Maximum coverage of the front yard shall be thirty percent (30%), provided that the area of pavement for sidewalks and driveways shall not exceed the following:
A. 2,000 square feet total area for a lot with seventy-five (75) feet or less of street frontage.
B. 3,000 square feet total area for a lot with more than seventy-five (75) feet of street frontage.
(2) Maximum coverage of the side yards on interior lots shall be sixty percent (60%) of the total area of both side yards.
(3) The maximum coverage of the corner side yard shall be thirty percent (30%).
(4) Pervious pavers/materials shall count seventy-five percent (75%) towards any calculations set forth in this subsection.
(d) Maximum Area and Rear Yard Coverage of Accessory Uses. The percent of rear yard covered by accessory uses, buildings and structures (limited to those permitted in Sections 1121.05 and 1121.12) and the maximum floor area of such accessory use, building or structure, shall not be greater than as set forth in Section 1121.12(d). The area of building, structure or pavement shall be the maximum area of land on which, or above which, such building, structure or pavement is constructed. The percentage shall be the area of building, structure and/or pavement in ratio to the area of the rear yard. However, in no case shall an accessory use, building or structure exceed the maximum area set forth in Schedule 1121.12(d). Pervious pavers/materials shall count seventy-five percent (75%) towards any calculations set forth in this subsection.
Schedule 1121.12(d)
MAXIMUM AREA AND REAR YARD COVERAGE
Maximum Percentage of Rear Yard Coverage | Maximum Area (in sq. ft.) | ||||
Permitted Use, Building Structure | AA and A District | B District | AA District | A District | B District |
(1) Accessory building | 20(a)(f) | 30(a)(f) | (d) | (d) | 1,200(d) |
(2) Accessory structures exceeding 3 feet in height (g) | 15 | 15 | 2,000 | 2,000 | 2,000 |
(3) Pavement related to parking, including driveway | 30(b) | 30(b) | 2,000 | 2,000 | 2,000 |
(4) Accessory structures not exceeding 3 feet in height, including sidewalks and patios (h) | 60 | 60 | 6,500 | 4,000 | 4,000 |
(5) Total maximum rear yard coverage (e) | 60 | 60 | 12,000 | ---- | ---- |
Notes to Schedule 1121.12(d) (a) Nonconforming lots may be permitted to have up to forty percent (40%) rear yard coverage by accessory buildings subject to Zoning Administrator approval of landscaping and screening plan which addresses stormwater management and minimizes adverse impact on neighboring lots. Total rear yard coverage shall not exceed seventy percent (70%). (b) Nonconforming lots may be permitted to have up to forty percent (40%) rear yard coverage by pavement or unenclosed parking subject to Zoning Administrator approval of landscaping and screening plan which addresses stormwater management and minimizes adverse impact on neighboring lots. Total rear yard coverage shall not exceed seventy percent (70%). (c) Reserved. (e) While each specific category (1-4) has a maximum size limitation, the total coverage of all accessory uses shall not exceed the area limit for the rear yard. (f) On a corner lot, a private parking garage may cover up to sixty percent (60%) of rear-yard area. Total permitted rear-yard coverage on a corner lot is eighty percent (80%) of rear-yard area. (g) For the purposes of maximum area and rear yard coverage, fences shall be excluded. |
(e) Supplemental Regulations for Enclosed Parking Spaces, Private Parking Garages, and Accessory Parking Spaces.
(1) Maximum Number of Private Parking Garages. A single-family dwelling shall be permitted no more than one (1) attached and one (1) detached parking garage. A two-family dwelling shall be permitted no more than one (1) attached and one (1) detached garage.
(2) Maximum Floor Area of Private Parking Garages. For a single-family dwelling, the total maximum floor area of all parking garages shall be 600 square feet plus one (1) additional square foot of parking garage area for every fifteen (15) square feet of lot area greater than 6,000 square feet. However, the area of the parking garage(s) shall not exceed 1,300 square feet. For a two-family dwelling, the total maximum floor area of all parking garages shall be 1,300 square feet.
(3) Design Standards for Private Parking Garages.
A. Any attached private parking garage should be designed to be compatible and complimentary of the primary residence, including materials, color, roof design, and massing, and should not be the dominant structure on the site.
B. Any attached private parking garage shall be located at least five (5) feet behind the front façade of the primary structure. A new attached private parking garage on a corner lot shall be set back at least five (5) feet from the façade of the primary structure on the side that contains the driveway.
C. The garage doors of any private parking garage may face the street, side, or rear property lines.
(Ord. 70-2021. Passed 11-1-21.)
(f) Maximum Number of Accessory Buildings. A maximum of two (2) detached accessory buildings shall be permitted on a zoning lot.
(g) Maximum Height of Accessory Structures. A permitted accessory structure shall not exceed fifteen (15) feet in height, except as otherwise regulated in this Code.
(h) Swimming Pools. In addition to the location and coverage regulations set forth in this section, swimming pools shall be subject to the following additional regulations.
(1) The term "swimming pool", as used in this section, means any water pool having more than 100 square feet of water surface, which is capable of containing in excess of two (2) feet of water at its deepest point, located out-of-doors on private property. All other pools are "ornamental pools" and need not comply with the following standards.
(2) Swimming pools shall be located in association with a permitted principal use and shall be used for private recreational purposes by the residents or in connection with a non-profit institution and not operated as a business.
(3) Every swimming pool shall be completely enclosed by a wall or fence of sturdy construction not less than six (6) feet in height, so constructed as not to permit access to such pool except by means of a necessary gate which shall be self-closing and self-latching construction and operation.
(4) Outdoor lighting shall be arranged so as not to shine on adjacent property.
(i) Fences. Fences and walls to be erected, placed and maintained on a lot shall be approved by the Building Commissioner and a fence permit issued unless otherwise noted. The appearance and height of fences shall be reviewed by the Zoning Administrator and regulated and limited by its location on the lot as follows:
(1) A fence or wall located in a front yard shall have a maximum height of four (4) feet above ground level and shall require Architectural Board of Review approval. Fences within ten (10) feet of an intersection shall comply with Section 1165.03(e) and shall require Architectural Board of Review approval.
(2) Except as limited in subsection (i)(5) hereof, fences and walls located in a side or rear yard shall not exceed seven (7) feet above ground level provided that a fence or wall may be located parallel to a principal building no closer than a distance equal to the height of the fence or wall.
(3) When a side yard fence having a length greater than ten (10) feet is parallel to and visible from the public street, it shall be landscaped according to an approved landscape plan.
(4) A fence or wall located in a corner side yard shall have a maximum height of six (6) feet above ground level and shall require Architectural Board of Review approval.
(5) All structural members shall be on the interior side of such fence.
(6) No chain link, mesh, wire, or barbed wire fence shall be constructed in a front yard or corner side yard.
(7) Deer net fencing is tempary during growing seasons - and no fence permit required:
A. Deer net fencing around vegetable/edible and flower gardens is permitted, and is limited to a maximum height of seven (7) feet, including all posts.
B. Proper installation is required, including six (6) inches of the fence grid flared onto the ground to prevent deer from pushing underneath the fence.
C. Deer net fencing is permitted in community gardens with no location limitations.
(8) Chicken coops and runs - no fence permit required. See Section 1153.05(gg) for additional regulations.
(9) Fences that run parallel to accessory buildings must be a minimum of three (3) feet from the parallel building wall.
(j) Residential Use of Existing Carriage House. In an AA or A District there shall be only one (1) dwelling unit on a lot except that an existing carriage house may continue as a nonconforming dwelling unit in compliance with the following:
(1) The carriage house shall have been occupied (regardless of the length of time), designed for, constructed for, or intended for residential occupancy and legally constructed or created prior to the adoption of this Zoning Code.
(2) Alterations to the carriage house shall be subject to the regulations of Sections 1173.01(a) and (b).
(3) For the purposes of this section, the occupants of the carriage house shall be considered as part of the family of the principal dwelling unit and shall comply with the family definition.
(k) Single Family and Two-Family Residential Parking Pad. In an AA, A, or B District, single-family and two-family dwellings are permitted to utilize a paved parking pad as part of the required parking.
(1) Parking pads may be located in the interior side or rear yard but must be located three (3) feet from any lot line. Parking pads are prohibited in the front and corner side yard or forward of the front building line.
(2) Any driveways that access the parking pad must meet the requirements of this Zonng Code for single-family and two-family residential driveways.
(3) The maximum coverage requirements for the lot may not be exceeded to accommodate a parking pad.
(4) Paving pads must be surfaced and maintained in accordance with Section 1161.11(d). Paving with semi-pervious materials, permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete, is encouraged. However, a semi-pervious parking pad or driveway is still subject to the coverage requirements of each individual yard.
(l) Vegetable/Edible Gardens. Vegetable/edible gardens are allowed in all yards in the residential districts. Any vegetable/edible garden located in the front and corner side yard must comply with the following standards:
(1) Vegetable/edible gardens must be kept weed-free between plants and rows.
(2) There shall be no trash or debris in the vegetable/edible gardens.
(3) Vegetable/edible gardens are required to be harvested on a regular basis.
(4) The vegetable/edible gardens must be designed and maintained so that water and fertilizer will not drain onto adjacent property or the public right-of- way.
(5) Use of insecticides made from synthetic chemical materials is prohibited. Acceptable alternatives, applied in accordance with established safe handling instructions, include rotenone, pyrethrin and Safer Soap.
(6) The use of herbicides and weed killers is discouraged.
(7) Areas of dry, loose soil that may be moved by wind must be covered by mulch or otherwise confined.
(Ord. 70-2021. Passed 11-1-21.)
(m) Rain Barrels and Above Ground Cisterns.
(1) Rain barrels and above ground cisterns are permitted in the rear, front, corner, and interior side yards. Rain barrels and above ground cisterns in the front or corner side yard that are visible from the public street are permitted only with Architectural Board of Review approval.
(n) Chicken Coops and Runs. The keeping of chickens shall be permitted as a conditional use on the property subject to the regulations of Section 1153.05(gg).
(o) Compost bins. Compost bins are permitted in the rear and interior side yard subject to the following maintenance standards:
(1) The organic waste must be generated and used on-site.
(2) An in-vessel is required (an enclosed container with no openings greater than one quarter (1/4) inch) for organic waste.
(3) Composting activities must:
A. Not create a nuisance (odor, litter, dust or noise, or attracts vectors or pests).
B. Provide a rat and other vector (insects, rodents, birds and other vectors or pest) control. Control measures may include grinding ingredients, providing screening or netting, or conducting composting operations in an in-vessel.
C. Provide surface water control to prevent composting material from sitting in ponded seepage surface water.
D. Not contain sewage, sludge, seepage or catch basin waste.
E. Composting of animal flesh is prohibited.
(4) Compost bins must be a minimum of three (3) feet from property line and a minimum of three (3) feet from any building foundation.
(Ord. 105-2017. Passed 1-16-18.)
(p) Driveways. In addition to the location and coverage regulations set forth in this section, residential driveways shall be subject to the following additional regulations:
(1) Only one driveway and one curb cut shall be permitted per lot except lots 100' wide or greater shall be permitted one (1) additional curb cut which shall comply with Schedule 1121.12(a)(8);
(2) Pavement width.
(Ord. 025-2023. Passed 6-5-23.)