1113.05  ACCESSORY BUILDINGS AND USES.
   (a)   Purpose: Accessory buildings may be erected only upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal structure and use. An accessory building that is attached to the main building shall comply with all the requirements of this UDO that are applicable to the principal building.
   (b)   Permit Required: A permit is required to be issued before an accessory building or structure is constructed or installed, or before an accessory use may occur on a parcel or lot. 
   (c)   Permit Process. 
      (1)   The Zoning and Building Official may issue an Accessory Use Permit to the owner of the property on which the proposed accessory building or use is to be located.  The Zoning and Building Official will base his decision upon a site plan submitted by the applicant and on the extent to which the plan demonstrates that the accessory building or use is in conformance with the General Standards and the Specific Standards of this Section.  If the Zoning and Building Official denies an Accessory Use Permit, the applicant may file an appeal within twenty (20) days with the Appeals Board, in accordance with Section 1115.10.
      (2)   The applicant shall submit with his application the fee prescribed by Section 1105.09.  (Ord. 05-16.  Passed 11-7-05.)
   (d)    General Provisions: The following general provisions shall apply:
      (1)    Location:
         A.     No accessory building or structure shall be located in a platted easement.   
         B.   No accessory building shall be erected in any front yard or court.
         C.   Storage structures are to maintain a setback of five (5) feet from property lines.
         D.   Mechanical devices or units incidental to the operation or use of the  principal building, as described, shall not be located nearer to any street  than the nearest wall of the principal building in question, or nearer to any side or rear property line than three (3) feet.
      (2)   Number/Lot Coverage: The number of accessory uses allowed shall be limited to coverage of thirty-five percent (35%) of the lot, including the principal structure.
      (3)    Height:
               A.    No storage accessory structure shall exceed fifteen (15) feet in height.
               B.    No recreational accessory structure shall exceed fifteen (15) feet in height.
               C.    No pet structure shall exceed six (6) feet in height.
               D.    Mechanical devices or units shall not exceed eighty (80) inches in height.
      (4)   Standards: The following standards are presented by accessory use and/or building type.  (Ord. 12-08.  Passed 10-15-12.)
   (e)   Antenna and Antenna Towers (excluding Dish Antennae):
      (1)   Definitions:
         A.   “Antenna” means any system of wires, poles, rods or similar devices used for the transmission or reception of Television Broadcast Signals.
         B.   “Antenna tower” means any structure, greater than twenty-five (25) feet in height, used for the primary purpose of supporting one or more antennas, as defined above, including foundation, guys and other components thereof.
      (2)   Location:
         A.   No antenna tower or tower mast shall be located in or occupy any part of a front or side yard, and in a rear yard, must be at least five (5) feet from the rear property line.
         B.   Antennae, antenna towers, including foundation guys and other components thereof, shall not project over any property line.
         C.   No antenna tower or tower mast shall extend more than sixty (60) feet above the ground site on which it is located. 
         D.   If mounted on the roof of a dwelling or other building, an antenna tower or mast shall not extend more than twenty (20) feet above the highest ridge of the roof nor more than twenty (20) feet above the ground level immediately below.
      (3)   Number: Not more than one antenna tower with antennae shall be erected on any lot or parcel of land, whether the same is free-standing, attached to a building wall or mounted on a building roof; provided, however, that this restriction shall not apply to a tower or antenna attached to a wall or mounted on the roof of a residence which does not project more than six (6) feet above the highest ridge of the roof, and if the maximum horizontal dimension of such tower and antenna does not exceed twelve (12) feet.
   (f)   Decks, Patios, Porches and Balconies:
      (1)   Location:
         A.   All decks, patios, porches and balconies shall be attached or contiguous to the principal structure or principal building.
         B.   Decks, patios and porches may be located in an interior side yard or rear yard, as long as they are at least five (5) feet from the side and rear property lines and do not occupy any part of a platted easement.
         C.     Front porches shall have a front yard setback of no less than ten (10) feet  (see Section 1113.07(e)(2)).
         D.   Balconies shall be located completely within the buildable area.
      (2)   Encroachments: The following requirements apply only to decks and patios and porches that encroach into required yards, and shall not apply to decks, patios or porches that are located entirely within the buildable area:
         A.   Decks and Patios:
            1.   The deck platform or patio shall not exceed two (2) feet above grade at any point within six (6) feet of its perimeter.
            2.   The deck or patio shall have no solid walls or roof planes of any kind, except a guardrail, which may be up to thirty-eight (38) inches in height above the top of the deck or patio.
         B.    Porches:
            1.   The porch shall be freestanding and directly adjacent to a principal building, or attached to the principal building.
            2.   The porch shall have railings or walls on the sides not exceeding thirty-eight (38) inches in height from the platform.
   (g)   Dish-Type Satellite Signal Receiving Antennas:
      (1)   Purpose: Regulation of dish antennae is intended to provide guidelines for their approval which will accommodate the generally larger diameter of satellite dish antennae, provide for screening to mitigate the mass of the dish, provide for the most aesthetically pleasing dish location, and provide for their safe and appropriate installation.
      (2)   Definitions:
         A.   “Dish Antenna” means any system of wires, poles, rods or similar devices used for the transmission or reception of Television Broadcast Signals, Direct Britches Signals, Direct Britches Satellite Services, and/or Multi-Channel Multi-Point Distribution Services.
         B.   “Antenna tower” means any structure, greater than twenty-five (25) feet in height, used for the primary purpose of supporting one or more antennas, as defined above, including foundation, guys and other components thereof.
      (3)   Applicability:  All dish-type satellite signal receiving antennas are subject to the provisions set forth in this Section. Satellite signal receiving antennas shall comply with the restrictions contained herein so that the health, safety and aesthetic objectives of the community can be accomplished.
      (4)   General Standards: A dish antenna, when installed in any zoning district, shall be:
         A.   Located to the rear of the principal building or structure, from any lot lines of adjoining lots, and not situated over or in any easement;
         B.   Not visible from the street, except when either located on the side or rear wall of the building, in the rear yard, or in the buildable area adjacent to the rear yard and behind the principal structure.
         C.   An accessory use subordinate to the principal use of the site;
         D.   Erected on a foundation designed to support the loads intended;
         E.   Screened from adjacent properties and landscaped;
         F.   Open-mesh type, if possible;
         G.   Wired underground;
         H.   Properly maintained;
         I.   Designed to withstand a wind force of up to 70 miles per hour;
         J.   Installed only after an Accessory Use Permit have been issued. A building permit shall also be required when a foundation is involved.
         K.   Removed within twelve (12) months of ceasing operation or when replaced or unused.
      (5)   Standards for Installation in Residential Districts: The following standards shall apply to installation of dish antennae in any District zoned for permitted residential uses:
         A.   Ground Installation:
            1.   Installed in compliance with the General Standards for all zoning districts;
            2.   Installed as close to grade elevation as possible, and in no case shall any portion of the antenna exceeds a height of six (6) feet above the elevation of the ground site on which it is located. Where the ground under the foundation has been raised to a higher level than the surrounding surface, the permissible height of the satellite antenna shall be reduced by the height of such mound or raised surface; and
            3.   The maximum diameter of the dish shall not exceed three (3) feet.
         B.   Roof-Mounted:
            1.   It does not project above the ridge of the roof to which it is attached; or if attached to a flat roof, it may not project more than three (3) feet above the coping or parapet of said roof;
            2.   A dish antenna shall not be mounted upon architectural features including but not limited to towers, cupolas, spires or chimneys; and
            3.   A satellite antenna may be mounted to the side or rear walls of the principal building, but may not project above adjacent roof edge, ridge, and/or eave lines.
      (6)   Standards for Installation in Commercial Districts or the O/I District:
         A.   Ground Installation:
            1.   Installed in compliance with the General Standards for all zoning districts;
            2.   Installed as close to grade elevation as possible, and in no case shall any portion of the antenna exceeds a height of fifteen (15) feet above the elevation of the ground site on which it is located. Where the ground under the foundation has been raised to a higher level than the surrounding surface, the permissible height of the satellite antenna shall be reduced by the height of such mound or raised surface;
            3.   The maximum diameter of the dish shall not exceed twelve (12) feet; and
            4.   Located in a yard not adjacent to a residential use or residential district.
         B.   Roof-Mounted:
            1.   Shall be reviewed for safety, compatibility with surrounding development and for other design measures that screen or otherwise make the dish antenna appear less obtrusive;
            2.   A dish antenna shall not be mounted upon architectural features including but not limited to towers, cupolas, spires or chimneys; and
            3.   A satellite antenna may be mounted to the side or rear walls of the principal building, but may not project above adjacent roof edge, ridge, and/or eave lines.
      (7)   Standards for Installation in Industrial Districts:
         A.   Ground Installation:
            1.   Installed in compliance with the General Standards for all zoning districts;
            2.   Compatible in height with the surrounding development; and
            3.   Located in a yard not adjacent to a residential use or residential district.
         B.   Roof-Mounted:
            1.   Shall be reviewed for safety, compatibility with surrounding development and for other design measures that screen or otherwise make the dish antenna appear less obtrusive;
            2.   A dish antenna shall not be mounted upon architectural features including but not limited to towers, cupolas, spires or chimneys; and
            3.   A satellite antenna may be mounted to the side or rear walls of the principal building, but may not project above adjacent roof edge, ridge, and/or eave lines.
   (h)   Fences/Walls:
      (1)   General Requirements:
         A.   Barbed-Wire Fences: Fences or walls having wire or metal prongs or spikes or cutting points or edges of any kind whatsoever or which is charged with electric current, shall be prohibited.  Picket fences shall have points blunted.
         B.   Construction on Mound: Where a fence/wall, ornamental feature or hedge is constructed on a mound, or where the ground under same has been raised to a higher level than the surrounding surface, the permissible height of the fence/wall, ornamental feature or hedge shall be reduced by the height of such mound or raised surface.
         C.   Safety: No person shall install or cause to be installed along or adjacent to the boundary line of the front yard of any lot or parcel of ground in this City, any barrier composed of one or more strands of wire, rope, cord, plastic or other type of line, stretched between stakes, poles, trees or other supports, located as above described. However, a temporary barrier of such type, so constructed or marked as to be readily visible, may be installed to prevent damage to a newly planted lawn, or other new planting or new driveway/sidewalk. The temporary barrier is to be maintained only for such length of time as is reasonably necessary.
         D.   Intersection Clearance: On a corner lot, the “intersection clearance zone” is an area between the curb line or edge of pavement of the two intersecting streets and a diagonal line connecting the curb or edge of pavement of intersecting streets at a point thirty (30) feet from their point of intersection. In this intersection clearance zone, no fence/wall, ornamental feature, snow fence, mound or hedge shall exceed thirty-two (32) inches in height above the grade of the edges of the pavement or street gutter; however, in an intersection clearance zone, a plant or tree not exceeding two (2) feet in diameter at a point thirty-two (32) inches above the grade of the edges of the pavement or street gutter and whose foliage is kept trimmed to such diameter up to at least seven (7) feet above the grade, shall be permitted.
         E.   Variance: Variances to the requirement of this Chapter shall be made in accordance with Section 1115.10
         F.   Enforcement and Penalties: The Zoning and Building Official shall follow Section 1105.12 in enforcing this Section of the UDO.
      (2)   Location: Fences or walls may be located in yards as follows:
         A.   Forty-Eight Inches or Less:  A fence or wall may be located in any front, side or rear yard if the fence does not exceed, at any point, forty-two (42) inches in height above the elevation of the surface of the ground at such point, except the posts for the fence may exceed the height of the fence by six (6) inches.  No fences or walls shall be located within any right-of-way or any road or utility easement area.
         B.   Six Feet or Less: A fence or wall may be located in a rear or side yard if the fence does not exceed, at any point, six (6) feet in height above the elevation of the surface of the ground at such point, except the posts for a fence may exceed the height of the fence by six (6) inches. No fences or walls shall be located within any right-of-way or any road or utility easement area.
      (3)   Corner Lots and Through Lots: On a corner lot, each yard of a lot abutting upon a street shall be considered as a front yard on each respective street.  On a double frontage lot/through lot, each yard of a lot abutting upon a street shall be considered as a front yard on each respective street.
      (4)   Closed Fences or Walls Supported by Posts: Fences or walls supported by posts on the side of the fence or wall shall be erected so that exposed posts and supporting cross-elements shall face the property initiating the request or on which the fence or wall is constructed. This provision shall not apply, if the adjacent property owner files with the Zoning and Building Official consent to have the fence erected so that such posts and cross-elements face his property. Fences shall be erected so that no exposed posts or supporting cross-elements face public property. This provision shall not apply if the fence is the same on both sides such as split rail fences or board and batten fences.
      (5)   Double Fences: No fence or fences shall be constructed so that there are two more-or-less parallel fences in the same yard, unless there be a distance of at least five (5) feet between the fences or their appurtenances.
      (6)   Ornamental Fences: An ornamental fence may be located in a front, side or rear yard, if it is forty-eight (48) inches or less in height.
      (7)   Snow Fences: Temporary snow fences, forty-two (42) inches or less in height, may be erected during the months of December through March each year. Such fences are to be used only to control the drifting of snow on walks, driveways, streets or alleys.
      (8)   Mounds:
         A.   No mound exceeding thirty-two (32) inches in height.
         B.   No mound shall be erected in the intersection clearance zone, as defined in Section 1113.05(h)(1), on corner lots.
         C.   The grading and drainage of mounds shall follow the requirements set forth by the City Engineer.
      (9)   Retaining Walls, Dry-Stacked Stone Decorative Walls and Entry Features: May be located in front yards, side yards, and rear yards as follows:
         A.   Shall not exceed height of thirty-six (36) inches if located in a front yard;
         B.   Shall not be erected in the intersection clearance zone, as defined in Section 1113.05(h)(1), on corner lots.
            (Ord. 05-16.  Passed 11-7-05.)
   (i)   Garages and Storage Sheds, Detached:
      (1)    Locations and Setbacks:  A detached garage or storage shed shall be located in the rear yard and shall be at least ten (10) feet from any dwelling situated on the same lot, and at least five (5) feet from any lot lines of adjoining lots, and shall not occupy any easement.
      (2)    Timing of Construction: No detached garage or storage shed shall be erected or constructed prior to the erection or construction of the principal or main building, except in conjunction with the same.
      (3)    Quantity: There shall be no more than one (1) detached garage per dwelling unit.  There shall not be more than two (2) sheds per single family dwelling unit per lot.  Multifamily dwellings shall have no more than one (1) shed per dwelling unit.
   (j)   Gazebos and Other Open-Sided Structures:   These structures are defined as free-standing, unheated structures, which are unenclosed except for a structural system supporting a roof, and may have screen panels which are used to enclose the open spaces between structural elements.  The structure must meet the following minimum design criteria:
      (1)    Height:
         A.   All open-sided structures shall be limited to one story.
         B.    The height to the top of the highest roof ridge beam, or to the highest point of  any other roof form, from the finished floor may not exceed fifteen (15) feet.
         C.     If the structure is built on a mound, deck, or other elevated surface, the height of this elevated surface at its highest point above grade shall be added to the height of the structure to determine the overall height of the structure being measured.
      (2)    Area:  The area may not exceed two hundred (200) square feet.
      (3)    Illumination: Illumination of the structure exterior is prohibited.  Illumination within the structure shall not exceed 70 foot candles measured at a horizontal plane three (3) feet above the finished floor.
      (4)    Quantity: There shall be no more than one (1) gazebo or other open-sided structure per lot.
      (5)    Construction: No gazebo or other open-sided structure shall be erected or constructed prior to the erection or construction of the main building, except in conjunction with the same.
         (Ord. 12-08. Passed 10-15-12.)
   (k)   Swimming Pools and Hot Tubs (Private):
      (1)   Application of Requirements: All provisions of this paragraph shall apply to private or non-commercial swimming pools and hot tubs.
      (2)   Location, Area and Height:
         A.   All hot tubs shall be located within the buildable area. In the event a proposed hot tub has more than one hundred fifty (150) square feet of area on the water surface when filled to capacity, all regulations for swimming pools shall apply.
         B.   All swimming pools or parts thereof shall be located in the rear yard, shall be at least five (5) feet from the side or rear line of the lot or parcel upon which it is situated, and shall be at a distance five (5) feet greater than the building setback line as fixed by the UDO from any street on which such lot or parcel abuts.  The area of the swimming pool proper, including decks, walks and other appurtenances, shall not exceed the percentage of lot area specified in Section 1113.05(d)(2).
         C.   (EDITOR'S NOTE:  Former subsection C. was repealed by Ordinance 06-15, passed August 26, 2006.)
      (3)   Fences or Barriers:
         A.   Every swimming pool shall be completely enclosed by a fence or barrier of sturdy construction not less than forty-eight (48) inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing though or under such fence. Each gate in such fence or barrier shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds eighteen (18) inches, unless said pool is in use or is under the immediate observation of a responsible person.  Where the top of the pool structure is above grade, such as an aboveground pool, the barrier shall be permitted to be at ground level, such as the pool structure, or mounted on top of the pool structure.  No part of any fence shall be located between the building setback line and the street on which the lot or parcel abuts.
         B.   A variance may be requested to make exceptions to, or modifications of, the requirements of this paragraph for fences in cases in which, in Appeals Board’s opinion, such requirements are not essential to safety and the enforcement thereof would place undue hardships on the owners.
      (4)   Lights: All lights used for illuminating a swimming pool, hot tub or the surrounding areas shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool or hot tub is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
      (5)   Drainage: Provisions shall be made for drainage of the swimming pool into a public storm sewer where possible or sanitary sewer, in which case drainage may be into such ditch or watercourse. Permission must be obtained from the City Manager before the swimming pool is drained in whole or in any substantial amount, in order to prevent overloading the sewer or ditch in times of heavy rain. In no case shall the swimming pool be drained, directly or indirectly, into any street.
         (Ord. 05-16.  Passed 11-7-05.)