(A) Intent. The provisions set forth in this section are intended to qualify and supplement the district regulations in the interest of public health, safety and welfare. The following provisions shall apply to all structures that are accessory to residential, commercial and manufacturing uses as permitted herein, including, but not limited to detached garages, sheds, swimming pools, pool houses and other structures subordinate to the principal dwelling unit. Fences shall not be considered accessory structures.
(B) Accessory structures; general provisions.
(1) An accessory structure shall not be erected prior to the establishment or construction of the principal building to which it is accessory or to which it is intended to be accessory.
(2) No portion of an accessory structure may be closer to the front lot line than the nearest point of the principal structure.
(3) An accessory structure shall not be located closer than 3 feet to an interior side yard lot line and not closer than 5 feet to the rear lot line.
(4) On a corner lot, an accessory structure shall not be located closer to the side lot line nearest the intersecting street than the established building line along that street on the same side.
(5) All accessory structures, except free-standing amateur television and radio towers, shall be limited to a maximum height of 15 feet in residential and business districts, and a maximum height of 30 feet in manufacturing districts. Free-standing amateur television and radio towers shall be limited to a maximum height of 35 feet. The Planning Staff may approve an increase in height of up to 70 feet for a radio tower that is:
(a) Structurally attached to primary structures;
(b) Owned by federally licensed amateur ham radio operators; and
(c) When it has been demonstrated by study that the additional height is necessary for effective operation of the radio tower.
(6) An accessory structure in a manufacturing, office or business district shall be located at least 10 feet from the side and rear lot lines.
(7) Accessory buildings on property occupied by a 1- or 2-family residential use shall be limited to a maximum floor area of 720 square feet for the largest structure, with a maximum total of 840 square feet for all accessory buildings combined. Accessory buildings on all other residential use properties shall be limited to a maximum floor area of 960 square feet, both individually and aggregate. A maximum of 2 accessory buildings (not including a swimming pool or satellite dish) is allowed on each lot. Carports and detached garages within apartment complexes containing 10 or more dwelling units are exempted from these requirements.
(8) Accessory buildings shall have roof pitch and exterior materials and color consistent with those of the principal building unless approved otherwise by the Planning and Zoning Office.
(9) Filling station pumps, pump islands and canopies shall not be less than 15 feet from a property line.
(10) No accessory structures shall be used for permanent or temporary habitation.
(C) Swimming pools. A swimming pool shall be permitted as an accessory structure subject to the following additional provisions:
(1) A swimming pool may not be constructed closer than 6 feet to an adjacent property line.
(2) A swimming pool shall not be counted as part of lot coverage.
(3) A swimming pool or the yard in which the pool is located, or any part thereof, shall be enclosed with a fence, 6 feet in height, measured from the natural grade on the exterior side of the fence. All gates within such a fence shall be self-closing and self-locking.
(4) Swimming pool construction and operation shall meet all appropriate municipal, county or state requirements.
(5) Swimming pools shall not be constructed under utility lines.
(D) Satellite antennas.
(1) Any satellite antenna one meter or less in diameter shall be permitted in any zoning district regardless of location.
(2) Any satellite antenna 2 meters or less in diameter shall be permitted in any business or manufacturing district regardless of location.
(3) Any satellite antenna more than 1 meter in diameter located in any residential district or more than 2 meters in diameter located in any business or manufacturing district shall be permitted provided that such antenna is located:
(a) On an interior lot, in the rear yard at least 5 feet from both side and rear yard lines; or
(b) On a corner lot, in the rear yard, setback at least 5 feet from either the established building line along that side of the intersecting street or the facade of the principal structure on the lot facing the intersecting street, whichever is greater; and 5 feet from both the rear and interior side lot lines; or
(c) Mounted on the rear portion of any structure in a business or manufacturing district, or on the rear portion of a structure containing a minimum of 6 dwelling units in an R-4, Multiple-Family Dwelling District, provided that such antenna is not conspicuous from any public right-of-way.
(E) Vehicular storage. A vehicle or recreational vehicle may be stored in the side yard or rear yard on a paved surface. All vehicles stored outside on residentially zoned properties shall be operable and properly plated.
(F) Decks. All decks 24 inches or more in height above grade shall adhere to the following:
(1) If attached to a principal structure, the deck shall be considered part of the principal structure and shall comply with all required setbacks for principal structures within the zoning district.
(2) If attached to an accessory structure or free-standing, the deck shall be considered an accessory structure and shall comply with all required setbacks for accessory structures.
(1979 Code, § 151.185) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4462, passed 1-13-2000
; Am. Ord. 5044, passed 7-9-2007
) Penalty, see § 151.999