1128.04 ACCESSORY STRUCTURES.
   Accessory structures, buildings, or facilities customarily incidental and subordinate to the principal permitted structures or conditionally permitted structures shall be permitted, located on the same lot therewith, including:
   (a)   Accessory Buildings. As specified herein and including, but not limited to, private garages not involving the conduct of a business, sheds, playhouses, tree houses, gazebos, dog houses/animal shelters, and non-commercial greenhouses.
   (b)   Accessory Structures. Including, but not limited to, decks, driveways, parking pads, patios and carports.
   (c)   Outdoor Recreation Facilities.
      (1)   Outdoor recreation facilities including, but not limited to, a swimming pool, spas/hot tubs, basketball court, tennis or volleyball court. For the purposes of this section, a basketball, tennis or volleyball court shall be defined as a permanent improved surface used exclusively for recreational activities.
      (2)   Swimming pools and spas shall be further regulated as specified in Section 1128.07 of the City of Fairborn Codified Ordinances.
   (d)   Siting Requirements. Any accessory buildings, structures or outdoor recreation facilities that are not attached to the principal structure shall comply with the siting requirements for accessory structures and uses in each individual district and the following:
      (1)   Shall not be located in the front yard;
      (2)   Shall be located in the rear yard except in the case of corner lot; placement on corner lots must be located in a side yard;
      (3)   Shall not be permitted to be constructed upon any utility, access or storm water easement;
      (4)   Shall not exceed the maximum height for an accessory structure as identified in each zoning district. If no height is identified, the accessory structure shall not exceed twenty feet in height or the height of the principal structure, whichever is the lesser;
      (5)   Decks and Covered Patios are permitted to encroach ten feet into the required rear setback.
   (e)   Antennas. Antennas including radio and television types shall be regulated as specified in Chapter 1127, Wireless Telecommunications Facilities. Satellite dish-types shall be regulated as specified in Section 1128.09: Satellite Antenna Receiving Systems.
   (f)   Trash and Recycling Containers. All refuse and recyclable materials shall be stored in personal trash/recycling containers or commercial dumpsters.
      (1)   No trash/recycling containers shall be located or stored in the front yard of the premise.
      (2)   When a commercial dumpster is not utilized, trash/recycling containers may be placed at the curb or alley line the day before pick up and shall be removed not later than the day after the scheduled pick up.
      (3)   Containers and dumpsters should also comply with Chapter 917, Sanitation Services, and Chapter 1331 of the City of Fairborn Codified Ordinances.
      (4)   When a commercial dumpster is utilized, the following standards shall apply:
         A.   All dumpsters situated on a site shall be contained within a gated enclosure. The enclosure shall be a minimum of six feet in height, the walls shall be constructed of masonry, decorative block or combinations of these and a solid wood gate, architecturally compatible with the principal structure, and have bumper blocks or posts on the interior to protect the enclosure.
         B.   Dumpsters shall be placed on a concrete pad; (3000 psi minimum) extended a minimum of ten feet beyond the enclosure to permit trash truck front wheels to rest on the pad.
   (g)   Donation Boxes. Donation boxes are a receptacle used for the unmanned collection of donated and secondhand goods and merchandise for the purpose of redistribution by an entity. Donation boxes shall:
      (1)   Be in compliance with the setback requirements for accessory structures as determined by the zone district in which such structure is placed. The donation box shall be located on a concrete pad or paved area constructed of sufficient strength for the donation box, equipment and vehicles that will empty the units.
      (2)   Not be permitted in the required front yard or in front of a building or structure on a lot.
      (3)   Be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;
      (4)   Be locked or otherwise secured;
      (5)   Contain the contact information visible from the front of the unit including the name, address, email, and phone number of the operator;
      (6)   Be serviced and emptied as needed. No materials or goods shall be stored or left outside of the box and the surrounding area shall be maintained to be free of any junk, debris or other material.
      (7)   Notwithstanding any other provision of this code, it is unlawful for any person to place an unattended donation box:
         A.   On any property used for residential purposes; or
         B.   On or in required parking or loading spaces.
   (h)   Temporary Buildings for Construction Sites. Temporary buildings that are used in conjunction with construction work, including trailers, may be permitted in any district only during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
   (i)   Temporary Storage Containers/Buildings. Temporary storage containers/buildings shall include any container, vessel, or building that is designed as to be placed onto any truck, trailer, or other vehicle for the purposes of transportation. When a temporary storage container is utilized, the following standards shall apply:
      (1)   In Residential, Professional Office and Civic/Institutional Districts:
         A.   Placement shall be on asphaltic or cement binder, concrete or other comparable material;
         B.   Placement shall be to the rear of the front building line of the lot;
         C.   In the event there is no access available, via an existing driveway, for placement to the rear of the front building line or there is no space for placement on the lot to the rear of the front building line, then placement may be on the lot forward of the front building line, but as close to the building line as possible;
         D.   Shall be located not less than three feet from any lot line;
         E.   Shall not remain on the premises for a period exceeding 30 days per calendar year;
         F.   Shall not be connected to any public utilities;
         G.   Placement shall not create a vehicular sight obstruction; and
         H.   Temporary storage containers larger than 8 feet in width by 8 feet in height by 16 feet in length in residential districts shall be prohibited by the Zoning Administrator.
      (2)   In Commercial districts:
         A.   Placement shall be on asphaltic or cement binder, concrete or other comparable material;
         B.   Shall be to the rear of the principal structure;
         C.   Shall be located not less than three feet from any lot line;
         D.   Shall not be connected to any public utilities;
         E.   Shall not remain on the premises for a period exceeding 60 days per calendar year; and
         F.   Placement shall not create a vehicular sight obstruction.
      (3)   In Industrial districts:
         A.   Placement shall be on asphaltic or cement binder, concrete or other comparable material;
         B.   Shall be to the rear of the principal structure;
         C.   Shall be located not less than three feet from any lot line;
         D.   Shall not be connected to any public utilities;
         E.   Shall not remain on the premises for a period exceeding 90 days per calendar year;
         F.   Placement shall not create a vehicular sight obstruction; and
         G.   Any temporary storage containers/buildings which are on the premises exceeding 90 days per calendar year shall be considered permanent in nature and shall be regulated by the siting requirements for accessory structures contained in Section 1128.04(d); and
         H.   Building/Electrical permits shall be obtained for any permanent accessory structure/building.
      (4)   Prohibitions.
         A.   No temporary storage container shall be used for human or animal occupation.
         B.   Only one temporary storage container shall be permitted on the property at any time.
         C.   No portable storage unit shall be located in or on a public right-of-way.
         D.   No portable storage unit shall be placed in a manner blocking a sidewalk.
      (5)   Units Must be Secured. Portable storage units shall be fully secured at all times including the use of a locking device on the door to prohibit unauthorized entry into the unit.
      (6)   Public Nuisance. The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance such as creating a vehicle visibility issue or storing hazardous materials.
         (Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)