An accessory use shall comply with all requirements for a principal use, except as this chapter specifically allows to the contrary, and shall comply with the following limitations:
(A) An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard, except in the required street side yard of a corner lot, provided it is not closer to a property line than the minimum setback required for the zone;
(B) One single-wide manufactured dwelling or recreational vehicle may be located as a temporary accessory use to a legally established dwelling under medical hardship provisions subject to the following requirements:
(1) The medical hardship be established in writing by a medical doctor;
(2) The placement of the unit comply with all residential setback requirements;
(3) A sight-obscuring fence or ornamental hedge may be required to screen the accessory use from other uses off the property;
(4) All appropriate permits, such as placement permits and those required by the city or special districts for water and sewer service be obtained prior to moving the unit on the property;
(5) The mobile home or travel trailer be disconnected from all services and removed as appropriate when the hardship no longer exists; and
(6) The use be reviewed annually to insure compliance with the above.
(C) (1) In a residential area, fences, hedges, and walls extending above the finished grade of an approved dwelling may be located within required yards, but shall not exceed three and one-half feet in height in any required front yard which abuts a street other than an alley or any street side yard, or as otherwise provided for in this chapter.
(2) Fences constructed on vacant lots or parcels may be located anywhere within a parcel’s boundary lines but shall not exceed a height of six feet and shall not interfere with clear vision areas. When dwelling construction begins, changes to these fences shall be required, if necessary, to comply with division (C)(1) above.
(D) Unenclosed decks may be located within required yards except for clear vision areas, but shall encroach no further than one-third of the required setback distance;
(E) This provision is to protect the city and adjacent property owners from undesirable, potentially hazardous, and unnecessary development through the use of retaining walls.
(1) No retaining wall shall be constructed for the purpose of back filling to artificially heighten a lot’s ground elevation to improve views from the subject property.
(2) No retaining wall shall be constructed to elevate the grade of a lot unless necessary to establish a use or structure permitted in the underlying zone.
(3) Proposed retaining walls over eight feet in height shall be reviewed by the Planning Commission at a public hearing, following the conditional use procedure. Approval of any retaining wall in excess of eight feet in height shall be based on the following findings:
(a) The retaining wall is reasonably necessary for construction of a structure or to establish a use permitted in the underlying zone;
(b) The retaining wall will not be materially detrimental to adjacent or nearby property, or to public safety or welfare;
(c) The retaining wall does not preclude future access to adjacent undeveloped property;
(d) If the retaining wall is a component of a building’s foundation, it will comply with setback requirements from side and rear property lines; and
(e) The retaining wall does not conflict with any other provisions of this chapter.
(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004) Penalty, see § 152.999