No building shall be erected, converted, enlarged, constructed, or structurally altered to exceed the maximum height; accommodate a prohibited use; house a greater number of families; occupy a greater percentage of lot area; have narrower or smaller front, side or rear yards than are specified herein for the district within which the building is located; or in any other manner contrary to the provisions of this Zoning Code.
The City is not responsible for researching recorded utility easements in the zoning permit review process. Any building or structure placed in a recorded utility easement becomes the risk and responsibility of the owner.
(a) Accessory buildings/structures are customarily incidental, accessory and subordinate to, and commonly associated with the primary use and occupant of the same parcel in any residential district.
(b) Owners of multiple, contiguous parcels in a residential district that desire treatment as though they are a single lot must combine the parcels with a new legal description and deed at the county Auditor's Office. Proof of a recorded deed must be provided as part of the application.
Example: This requirement prevents a property owner of multiple parcels from erecting an accessory structure on a separate, vacant but recorded lot that could eventually be sold and thus become an illegal non-conforming use an lot under Chapter 1137 Nonconformities.
(b) No principal building shall be erected on a lot, which does not abut on at least one street.
(c) When more than one building, including both main and accessory buildings, are located on one zoning lot, the buildings shall be considered as one building for the purpose of determining front, side and rear yard requirements, except as provided in this Zoning Code.
(d) An accessory building or garage, unless attached to and made structurally a part of the main building, shall not be located closer than five feet from the main building, and shall be located ten feet from any property line adjoining an alley. No accessory building or garage shall be located in any required yard except as provided.
(e) Permanently attaching any accessory building to a primary building shall be considered a conversion and shall be subject to all required setbacks for primary structures.
Example: A detached garage on a street side yard is proposed to be attached to a primary building with a breezeway. The garage is located in the R-2 District and is five (5) feet from the rear property line. In this instance, the conversion would violate the setback required for primary structures and the applicant would not be issued a zoning permit.
(f) An accessory building in R-1, R-2, and R-3 such as a shed or detached garage shall be limited to 576 square feet; except if a lot is at least 9,000 square, a private garage or similar accessory building is limited to 780 square feet and may be located no closer than five feet to any side or rear yard or ten feet from any property line adjoining an alley.
(g) A temporary shed may be placed on an undeveloped lot for the storage of lawn maintenance equipment prior to site development. A temporary shed is limited to 120 square feet.
(h) An accessory building shall not be occupied as a dwelling.
(i) The total of all accessory buildings may not occupy more than 30 percent of the total rear yard. The total coverage of driveways, open air parking, detached garages and carports may not occupy more than 50 percent of the total rear yard.
(Ord. 2016-20. Passed 5-17-16.)