(A) Requirements. A building, structure or use may be erected or established on a lot as an accessory structure or use provided that the following requirements are met:
(1) A permitted principal building/use exists on the lot.
(2) The accessory use is related to the principal use.
(3) The accessory use is incidental or subordinate to the principal use.
(4) The accessory buildings or structures shall not be used for dwelling purposes.
(5) The use of accessory buildings and structures in residential districts shall not involve the conducting of a business.
(6) No new accessory use may be established for a legal non-conforming principal use.
(7) No mobile home or other portable structure shall be used as an accessory building or structure except when used incidentally to and temporarily for construction operations of a principal use, with said structure removed prior to the occupancy of the principal use, or as temporary storage in accordance with subsection (H) below.
(B) Standards. An accessory building, structure or use constructed, erected, or placed on a lot shall conform to the following standards.
(1) An accessory building or structure in a residential district shall be located on the rear one-half of the lot and at least five feet from any dwelling existing or under construction on the same lot or an adjacent lot, and no closer than five feet to any side or rear lot line. Furthermore, an accessory building or structure shall not exceed 15 feet in height.
(2) An accessory building or structure in a residential district, including one private detached garage, shall not exceed 864 square feet in area on lots up to 22,000 square feet in area, or 1,056 square feet in area or 4% of the total lot area, whichever is greater, on lots 22,001 square feet in area and over. Other accessory structures such as garden shelters and storage sheds shall be permitted provided that such structures do not in aggregate exceed 250 square feet in area.
(3) Accessory buildings and structures in all other zoning districts shall conform to the area and bulk standards of Table IV-2 of this chapter.
(4) Accessory buildings and structures may be erected detached from the principal building or may be erected as an integral part of the principal building, or may be connected therewith by a breezeway or similar structure. An accessory building attached to the principal building shall be made structurally a part of and have a common wall with the principal building, and shall comply in all respects with the requirements applicable to the principal building.
(5) No accessory building or structure shall be constructed over or upon an existing public easement without specific written permission to do so from the City Engineer.
(C) Satellite Dishes and Antennas. Satellite dishes and antennas accessory to permitted principal uses are hereby regulated as accessory uses hereunder. Any such device which transmits or receives signals, including all satellite/television dishes, microwave receiving and/or radio transmitting antennas, but excluding telecommunication towers, is subject to the following requirements.
(1) General Requirements. For the purposes of this chapter, satellite dishes and antennas shall be classified based on the location, type, extent and/or nature of the support mechanism and/or structure as either roof-mounted or ground-mounted. No satellite dish or antenna shall be permitted until and unless the following requirements are met.
(a) Satellite dishes and antennas, and their accompanying support structures, shall be painted a solid neutral color, shall not exhibit any advertising, and to the extent possible, should be compatible with the appearance and character of the neighborhood.
(b) Ground-mounted satellite dishes and antennas shall not be located within a required front yard of a lot nor shall they be located within 20 feet of any lot line abutting a street.
(2) Roof Mounted. In addition to the other provisions of this Section, roof-mounted satellite dishes and antennas attached to a building or structure shall also fully comply with the following standards.
(a) In any commercial or industrial zoning district, satellite dishes may be erected to a maximum height of 12 feet above the maximum height of the building on which it is to be located and the satellite dish shall not exceed 10 feet in diameter.
(b) In any residential or mobile home zoning district, satellite dishes may be erected to a maximum height of 12 feet above the maximum height of the building on which it is to be located and the satellite dish shall not exceed three feet in diameter.
(c) In any zoning district, roof-mounted antennas may be erected to a maximum height of 20 feet, above the maximum height of the building on which it is to be located and the antenna shall not exceed four feet in diameter.
(3) Ground Mounted. In addition to the other provisions of this Section, ground-mounted satellite dishes or antennas shall only be located on a lot with an existing principal building/use and shall also fully comply with the following standards.
(a) In any zoning district a ground-mounted satellite dish may be erected to a maximum height of 15 feet above adjacent ground level, the satellite dish shall only be located in a rear yard, and the diameter of the satellite dish shall not exceed 10 feet.
(b) In any zoning district a ground-mounted antenna may be erected to the maximum height allowed in the underlying zoning district.
(D) Drive-Up or Drive-Through Facilities. Drive-up or drive-through facilities shall be considered accessory to permitted principal uses and are hereby regulated as an accessory use hereunder, and shall be subject to the following requirements:
(1) Drive-through facilities shall not be located in the front yard of the principal building and the maneuvering space shall be provided in the side or rear yard.
(2) Speakers at drive-through facilities shall not be audible from adjacent properties.
(3) Establishments with drive-through facilities shall provide a stacking lane for the stacking of automobiles waiting to drive through the facility.
(4) Each stacking lane shall have a minimum number of stacking spaces. Establishments with a single drive-through facility shall provide a minimum of six stacking spaces. Establishments with more than one facility shall provide a minimum of five stacking spaces per facility. The space directly adjacent to the facility is considered a stacking space. Each stacking space shall measure at least eight feet in width and 18 feet in length.
(5) The stacking spaces shall be designed so as not to interfere with the ingress and egress to the off-street parking, traffic circulation on or off site, and traffic visibility. The stacking spaces shall not block a public street or common drive lane used by other businesses.
(6) No drive-through lane shall exit directly into a public right-of-way. The stacking lane shall be integrated with the onsite circulation and shall merge with the driveway.
(7) Stacking areas shall be constructed in accordance with required specifications for off-street parking areas.
(8) AH drive-through facilities shall require site plan approval by the Zoning Administrator and City Engineer.
(E) Outdoor Storage of Recreational Vehicles, Campers, Watercraft, Off-Road Vehicles, and Utility Trailers. The outdoor storage or parking of recreational vehicles, campers, watercraft, off-road vehicles and utility trailers shall be considered accessory to permitted principal uses and is hereby regulated as an accessory use hereunder. In addition to the other provisions for accessory uses in this Section, the outdoor storage of said objects shall be subject to the following requirements:
(1) No recreational vehicle or camper shall be used as a business or for living, sleeping, or housekeeping purposes for any duration of time while stored or parked in a residential zoning district or on a public street.
(2) Recreational vehicles, campers, watercraft, off-road vehicles and utility trailers stored or parked outdoors shall be legally licensed or registered and shall meet or exceed all equipment and operational requirements as state law requires. Such objects shall be registered or licensed to the tenant or owner of the lot upon which the object is stored.
(3) Such objects, if stored or parked outdoors, shall be stored or parked only in side or rear yards, excluding side yards on corner lots at the intersection of two public streets.
(4) Such objects may be temporarily parked on improved hard surfaces up to 30 days which shall not be cumulative from year-to-year but which may be non-consecutive days during any calendar year with the approval of the Zoning Administrator.
(5) No recreational vehicle, camper, watercraft, off-road vehicle, or utility trailer shall be parked within any public right-of-way for more than 24 hours so long as such object does not block any neighbor's ingress or egress from their driveway.
(6) Any recreational vehicle, camper, watercraft, off-road vehicle, or utility trailer that is parked outside and visible to any neighboring property shall not be in a state of dilapidation, major disassembly or disrepair, or in the process of being stripped, dismantled, overhauled, or otherwise be inoperable for a period of three consecutive days or more. All such objects shall be parked or stored in a safe manner such that they cannot roll nor be tipped by accident.
(7) The painting of any vehicle is prohibited unless conducted inside an approved spray booth.
(8) In the event that the City finds that any recreational vehicle, camper, watercraft, off-road vehicle, or utility trailer is parked or stored in violation of this Section, the City shall have the right to commence and prosecute an ordinance violation as provided in Chapter 42 of this Code. Available penalties and remedies shall include:
(a) Imposition of a fine of not less than $200 nor more than $750 for each offense;
(b) Imposition of a per-day fine of not less than $50 nor more than $100 per day so long as such violation exists but only after the owner of the property and the tenant of the property (if there is a tenant) where such object is located has received notice of two or more violations of this division (E) without correcting the violation;
(c) Assessment of costs and attorneys' fees;
(d) A directive to the owner or tenant of the lot on which such object is located to relocate said object in compliance with this division (E); and
(e) Authority for the City to seize, impound, or otherwise relocate the recreational vehicle, camper, watercraft, off-road vehicle, or utility trailer that is in violation of this division (E) but only after the owner and the tenant, if any, of the lot on which such object is parked or stored has received two notices of violation of this division (E).
(F) Outdoor Storage of Commercial Vehicles. The outdoor storage of commercial vehicles shall be considered accessory to permitted principal uses and is hereby regulated as an accessory use hereunder. Commercial vehicles shall include trucks with a gross weight in excess of 12,000 pounds, tractor trailers, farming equipment and machinery, and construction equipment and machinery. In addition to the other provisions for accessory uses in this Section, the outdoor storage of these vehicles shall be subject to the following requirements:
(1) The parking of commercial vehicles on a lot shall be permitted in the I-1 and I-2 Zoning Districts, and shall be allowed in the B-3 District after application and issuance of a special use permit.
(2) No commercial vehicle shall be parked on any public street in a residential zoning district at any time.
(G) Keeping Large Animals. No large animals (cattle, swine, goats, horses) or poultry shall be permitted on any lot within the City at any time. Large animals may be permitted outside the City if the animals are confined more than 150 feet from any lot having a lot area of less than one acre which is improved with a residential dwelling.
(H) Portable Temporary Storage Containers. Portable temporary storage containers shall be regulated as an accessory structure hereunder and shall be subject to the requirements for accessory buildings, structures and uses as listed in subsection (A) of § 150.030.
(1) Portable temporary storage containers shall conform to the setbacks for the District in which they are located for accessory buildings and structures as described in subsection (B) of § 150.030.
(2) A portable temporary storage container placed on a lot in any residential zoning district shall not exceed 130 square feet in size, with no more than one such container allowed per lot. A portable temporary storage container placed on a lot in any other zoning district shall not exceed 300 square feet in size, with no more than one such container allowed per lot.
(3) In any zoning district the placement of a portable temporary storage container on a lot is permitted for a period not to exceed 30 consecutive days within a six month period, or for the time period for which there is an active building permit on the lot.
(4) A portable temporary storage container shall be placed on either a hard concrete or asphalt surface and may displace one or more off-street parking spaces, provided there is adequate parking already being provided.
(I) Small Wind Energy Systems. Small wind energy systems are permitted only as an accessory use and shall be allowed only in the AG, RR, P-1, B-3, I-1, and I-2 zoning districts with the establishment of such systems shall be subject to the following requirements.
(1) Location/Placement. A small wind energy system shall not be erected within the required front yard of any lot. No part of a small wind energy system shall be located within or over any utility or access easements.
(2) Setbacks. The distance from all lot lines to any tower or support base of a small wind energy system shall be at least 1.1 times the height of the small wind energy system. In addition, a small wind energy system shall be located at least 200 feet from any existing residential dwelling located on an adjacent lot.
(3) Height. The system height shall be measured from the ground to the maximum height of all parts of the wind energy system including the wind turbine generator and blades. In the RR, P-1 or B-3 Zoning Districts a small wind energy system may be erected to a maximum height of 100 feet above the adjacent ground level. In the AG, I-1 or I-2 zoning districts a small wind energy system may be erected to a maximum height of 150 feet above the adjacent ground level. The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than fifteen (15) feet.
(4) Multiples on One Lot. Multiple small wind energy systems may be allowed on a single lot if they maintain a setback from each other equal to the height of the tallest single wind energy system as measured in § 150.030(I)(3) and if they meet all other regulations herein.
(5) Tower access. No rungs or other appendages used for the purpose of tower access shall be located within 15 feet of the ground; or a fence six (6) feet in height with a locking gate shall be placed around the base of any small wind energy system.
(6) Color. A wind energy system shall be of a neutral color, such as white or light gray, and the surface shall be non-reflective.
(7) Lighting. No lights shall be installed on any part of the wind energy system, unless required to meet FAA regulations or unless the system is greater than 100 feet in height. If the system is greater than 100' in height a general aviation obstruction beacon shall be placed on top of the rotor.
(8) Roof Mounted Systems. Small Wind Energy Systems shall not be roof mounted.
(9) Removal of abandoned systems. Any small wind energy system that is no longer being utilized as such shall be disassembled and removed by the system owner within 90 days after notice from the City to remove the system. If the owner of the abandoned system cannot be located or is no longer in business, the requirements of this Section shall be the responsibility of the landowner on whose lot the system is located.
(Ord. 8612, passed 12-2-08; Am. Ord. 9162, passed 8-21-18; Am. Ord. 9383, passed 8-2-22)