21-3-2: GENERAL DEVELOPMENT STANDARDS FOR ACCESSORY USES, BUILDINGS AND STRUCTURES:

21-3-2.1: PURPOSE:

The purpose of this section 21-3-2 is to identify and regulate accessory buildings, structures and uses in all zoning districts that are incidental and customarily subordinate to principal uses. (Ord. 18-880, 7-23-2018)

21-3-2.2: ESTABLISHMENT OF ACCESSORY BUILDINGS, STRUCTURES AND USES:

   A.   All principal uses allowed in a zoning district shall be deemed to include those accessory buildings, uses, structures, and activities typically associated with the use as described in the principal uses definition provided in section 21-9-1, "Definitions", of this chapter, unless otherwise specified or specifically prohibited within this section 21-3-2.

   B.   Accessory buildings, uses or structures not specifically defined within this chapter, shall be subject to subsections 21-2-2.3H, 21-2-3.3G, and 21-2-4.2G, "Non-Specified Uses", of this chapter.

   C.   No accessory building, structure, use or conditional use, shall be erected or permitted on any lot or parcel until the principal building or use has been established or erected; unless both principal and accessory buildings and conditional uses are being established simultaneously. (Ord. 18-880, 7-23-2018)

21-3-2.3: GENERAL DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS, STRUCTURES AND USES:

   A.   Unless otherwise expressly stated, accessory buildings, structures and uses are subject to the same lot and building regulations as apply to principal uses and buildings.

   B.   Accessory buildings, structures and uses shall be designed as an integral part of the principal structure and should be similar in architectural style, materials, colors, and similar features.

   C.   Accessory buildings and structures shall not exceed the height regulations of the underlying zoning district for said lot within any part of the permitted buildable lot area, and shall not exceed fifteen feet (15') in height in any required side or rear yard.

   D.   Accessory buildings and structures, except for accessory dwelling units defined in subsection 21-3-2.6A of this section 21-3-2, shall not be used for living or sleeping quarters.

   E.   If the principal building, structure or use is destroyed, removed or ceases to exist, the utilization of the accessory building, use or structure shall no longer be allowed.

   F.   In the case of any conflict between the accessory building, use or structure standards of this section and any other requirement of this Code, the more restrictive standards shall control. (Ord. 18-880, 7-23-2018)

21-3-2.4: LOCATION STANDARDS FOR ACCESSORY BUILDINGS, STRUCTURES AND USES:

   A.   Accessory uses and structures must be operated and maintained under the same ownership and located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated. Accessory structures shall be prohibited on vacant parcels with no principal use established.

   B.   Accessory buildings, uses or structures shall not be erected in any right-of-way, easement, street side yard building setback, or required front yard setback.

   C.   No accessory building (e.g., freestanding garage, carport, workshop, pool house, etc.) shall be located within ten feet (10') of the site's principal building. If attached by any part of a common wall or covered roof to the principal building, said building shall be deemed a part of the principal building and shall conform to the development standards of the principal building.

   D.   Accessory structures (e.g., fence, deck, trellis, sun shade, etc.) may be attached or detached from the principal building. All required separation for applicable Building and Fire Codes shall also be met.

   E.   The accessory building, use or structure shall have a setback of at least five feet (5') from every side and rear property line, except that the setback shall be the same as required for the principal building in the zoning district in which the accessory building or structure is located whenever the accessory building or structure exceeds fifteen feet (15') in height. This includes movable structures, for single-family residential lots, such as children's play equipment and domesticated farm animal shelters.

      1.   Exceptions: The following structures are exempt from the accessory structure setback requirements:

         a.   Trash enclosures, tool sheds, and pet shelters for single- family residential lots, that are six feet (6') or less in height may be placed within a required rear or side yard setback without limitation on location, provided in no event shall the roof of said structures be designed to allow water to drain onto adjacent property. (Ord. 18-880, 7-23-2018)

21-3-2.5: SIZE STANDARDS FOR ACCESSORY BUILDINGS AND STRUCTURES:

   A.   The maximum gross floor area of any accessory building or structure shall not exceed the building footprint of the principal building. However, the provisions of this paragraph shall not apply to the RR-20, RR-5 and RR-2.5 or any of the Commercial and Industrial Zoning Districts, which may exceed the building footprint of the principal building.

   B.   Both principal and accessory buildings/structures together must comply with the applicable lot coverage requirements established by this chapter. (Ord. 18-880, 7-23-2018)

21-3-2.6: ADDITIONAL STANDARDS FOR SPECIFIC ACCESSORY BUILDINGS, STRUCTURES AND USES:

   A.   Accessory Dwelling Unit:

      1.   No more than one accessory dwelling unit may be located on any lot.

      2.   For residential uses, an accessory dwelling unit shall be permitted only on a lot having eight thousand (8,000) square feet or more in area. The accessory dwelling unit shall have an architectural design and exterior building materials that are compatible with the principal building.

      3.   Mobile homes, manufactured housing, or recreational vehicles shall not be used as accessory dwelling units.

      4.   The accessory dwelling unit and the principal residence shall share utilities. Separate utility meters shall not be allowed.

      5.   A maximum of one separate bedroom shall be permitted per accessory dwelling unit.

      6.   At least one off-street parking space shall be provided for each accessory dwelling unit.

   B.   Watchman's Quarters: In order to provide increased security within the Industrial Zoning Districts a watchman's quarters may be provided as an accessory use under the following conditions:

      1.   Watchman's quarters shall only be permitted within the BP, I-1 and I-2 Zoning Districts subject to the approval of a conditional use permit. Before granting a CUP, the Council shall determine that there is a direct link to the principal use and there is a bona fide need for the increased residential presence. Additional conditions of approval beyond those listed in this subsection may be required to ensure compatibility with adjacent uses.

      2.   The watchman's quarters must clearly be accessory to the principal use, which must also be active at the time of CUP application and approval.

      3.   Only one watchman's quarters per lot shall be permitted.

      4.   Watchman's quarters shall be attached units and must be an integral part of the principal building and may not exceed forty percent (40%) of building floor area, with a maximum quarter's size of one thousand (1,000) square feet.

      5.   Watchman's quarters shall meet Fire Code, Residential Building Code and any other applicable codes or regulations.

      6.   A watchman's quarters shall consist of sleeping, kitchen, and bathroom facilities, and for the purposes of this section, shall not be considered an accessory dwelling unit.

      7.   There shall be no payment of rent by the occupant of the quarters.

      8.   The watchman's quarters and the principal building or use shall share utilities. Separate utility meters shall not be allowed.

      9.   At least one off-street parking space shall be provided for a watchman's quarters.

      10.   If the principal building or use is destroyed, removed or ceases to exist, the utilization of the watchman's quarters shall no longer be allowed. (Ord. 18-880, 7-23-2018)