§ 152.111 ACCESSORY BUILDINGS AND USES.

   (A)   Accessory buildings and uses are permitted when in accordance with the provisions of this section.

   (B)   In the residential districts, accessory structures shall not be constructed or occupied on any lot prior to the completion of the principal structure to which it is accessory. Accessory structures shall not exceed 18 feet in height and shall not exceed 2,000 square feet in area. However, television and radio towers may exceed the principal structure height as noted in § 152.030(A)(4). Accessory uses are limited to:

      (1)   Private garages/utility sheds;

      (2)   Parking for residents and guests;

      (3)   Solar energy devices;

      (4)   Television or radio tower antennas for residential use only;

      (5)   Vegetable and flower gardens;

      (6)   Tennis courts, basketball courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces and similar uses customarily accessory to residential uses;

      (7)   Sales offices in new subdivisions of 25 lots or more, when placed in a home or accessory building, limited to the prime developer’s use only, during construction but not to exceed 30 months following the start of construction; and

      (8)   Accessory buildings and operable motor vehicles. It shall be unlawful to allow the combined area of accessory buildings and outside storage of operable motor vehicles of the first division as defined in the Illinois Motor Vehicle Act, recreational vehicles, trailers and boats and boat trailers, owned by an occupant of the premises, to occupy more than 30% of a rear yard or 2,000 square feet (whichever is less). The following requirements shall also be applicable.

         (a)   A maximum of two vehicles (as described above) shall be allowed to be stored on an unpaved surface in a rear yard, the area of which shall be included in the 30% calculation. Any additional outside storage of vehicles must be on an approved driveway or parking space connected by the driveway.

         (b)   If an accessory building already covers 30% of the rear yard, outside storage of one vehicle, as defined above, shall be permitted as long as storage is in a rear yard on a driveway or parking space.

         (c)   Recreational vehicles, boats and boat trailers shall be operable and maintained in a clean, well-kept state that does not detract from the appearance of the surrounding area and shall not be used as habitable space, unless in an approved campground. Boats shall be stored on a boat trailer.

         (d)   Outside storage of semi-trucks and semi-trailers is prohibited.

   Figure 152.111(B)(8)(d)1.: Outdoor Storage Allowed

   Figure 152.111(B)(8)(d)2.: Outdoor Storage Prohibited

         (e)   Off-street parking areas required in the Development Ordinance are not subject to this provision.

         (f)   There shall not be more than three accessory buildings located on any lot with a minimum distance between the exterior walls of the buildings of at least four feet.

         (g)   On a small lot with no accessory structure, an accessory structure with an area of not to exceed 288 square feet may be constructed in the rear yard even if the 30% maximum area requirement is exceeded, provided all setback requirements are met.

   (C)   In the R3A and R3B Districts there may also be storage garages and parking lots for use solely of occupants of the premises.

   (D)   Accessory uses and structures in the M Class Districts must be approved during the site plan review process (as described in §§ 152.130 through 152.138).

   (E)   Temporary buildings for construction purposes are permitted in any district as accessory buildings as regulated in § 152.116 (temporary uses) during the time construction is in progress.

   (F)   Accessory buildings may not be used for dwelling purposes.

   (G)   Yard or garage sales shall be allowed as an accessory use in all residential districts, subject to the following provisions:

      (1)   Merchandise purchased for resale shall not be permitted to be sold at a garage sale or yard sale;

      (2)   No more than three sales shall be held from the same premises within any calendar year. In the case of a combined neighborhood sale, no more than three such sales shall be held per premises within any calendar year;

      (3)   Each sale shall not last more than three days per sale;

      (4)   Sales shall be conducted only during the period between sunrise and sunset;

      (5)   All items being sold shall be placed on private property. No items for sale shall be located on the city right-of-way, including the street surface, terrace area and sidewalk; and

      (6)   Sale signs shall only be posted at the site of the sale in accordance with § 152.218(B)(5).

   (H)   Home occupations shall be permitted as an accessory use in all R Districts subject to the following:

      (1)   The use must be carried on by a member of the immediate family, residing on the premises;

      (2)   No display exhibited that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling;

      (3)   Any activity involving on-site retail sales upon the premises is prohibited, except the sale of items made or prepared on the premises and/or items that are incidental to a permitted home occupation. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, beauty products from hair stylists and similar incidental items. (No resale operation, sale of second-hand goods or rental operations shall be permitted. Orders previously made by telephone or at a sales party may be filled on the premises.);

      (4)   No person is employed other than a member of the immediate family residing on the premises;

      (5)   No mechanical equipment is used except as is customary for normal domestic household purposes;

      (6)   The home occupation is wholly operated and contained within the dwelling or accessory structure;

      (7)   No home occupation, storage of goods, merchandise, supplies, products, materials, equipment nor waste connected with a home occupation shall be allowed outdoors;

      (8)   No more than one commercial or business vehicle used in conjunction with the home occupation may be parked on the premises. It shall be unlawful for any person to park any commercial or business vehicle in any block in any street in which more than one-half of the buildings in the block are used exclusively for residential purposes, for a longer period than is necessary for the reasonably expeditious unloading and loading of the vehicles;

      (9)   There shall be no noise, vibration, glare, heat, smoke, dust, electromagnetic or electrical interference, nor odor detectable beyond the confines of the subject property including transmittal through vertical or horizontal party walls;

      (10)   Vehicular traffic associated with business visitors shall be limited to two vehicles at any one time and sufficient parking shall be provided on the same lot as the residence for all business visitors. Driveways may be used in meeting this requirement;

      (11)   Pedestrian or vehicular traffic generated by clients or customers of a home occupation shall be prohibited from visiting the premises between the hours of 10:00 p.m. and 6:00 a.m.;

      (12)   No deliveries to or from the home occupation shall be made between the hours of 10:00 p.m. and 6:00 a.m.; and

      (13)   Signs are permitted per §§ 152.180 through 152.191, 152.205 through 152.220 and 152.230 through 152.233.

   (I)   Cargo container regulations.

      (1)   General provisions. Cargo containers, as defined in § 152.005, shall be restricted as follows:

         (a)   Properties in residential districts. Excluding the provisions of § 152.111(I)(2), the placement of cargo containers on residentially zoned property (ER through R3B) shall be prohibited;

         (b)   Properties in Agricultural, Institutional, Business or Office Districts. The placement of cargo containers in Agricultural, Institutional, Business and Office Districts (AG, I, B1, B2, B3, O and CPD) shall be restricted to designated off-street loading facilities meeting the provisions enumerated in § 152.154. Cargo containers may not occupy a required loading berth. Where cargo containers are to be placed, pavement marking or a change in pavement shall be provided to clearly indicate the extent of the off-street loading facility. In no instance shall cargo containers be placed in front of the front wall of a principal building; and

         (c)   Properties in the Industrial Districts. The placement of cargo containers within the M1 and M2 Districts shall be restricted to:

            1.   A concrete or asphalt surfaced area meeting the provisions established in § 152.154 and within the buildable area of the lot; or

            2.   Designated off-street loading facilities meeting the provisions enumerated in § 152.154.

      (2)   Sites under construction. For properties in which there is an active building permit issued by the city for a multiple-family or nonresidential development, cargo containers may be placed on a property, provided that they are set back at least ten feet from all property lines. Cargo containers used for construction purposes must be immediately removed upon completion of the construction project.

      (3)   Cargo container amortization schedule. Any cargo containers lawfully existing on July 6, 2010 which do not conform to the provisions of this DO, shall be removed or made to conform within six months of the date of notification by the city that the cargo container no longer conforms with this DO.

   (J)    In the R1A, R1B, R2, R3A, R3B and I Districts, accessory structures may remain on a lot after the primary structure is demolished or moved when the following conditions are met:

      (1)   The owner submits a special use request through the Planning and Zoning Commission in accordance with § 152.018. In addition to provisions of § 152.018 the applicant must also:

         (a)   Allow access to the building by the Building Inspector to assure the building is lawfully in existence at the time of application and meets all current zoning provisions related to size, height and setback and is not considered a dangerous building as defined in §§ 94.45 through 94.99.

         (b)   The site plan submitted for review shall contain the property boundaries, date, north arrow, scale, existing lot lines, easements, location and setback of all structures to remain, location of all existing and proposed driveways and fences, location and proposed screening details for all waste disposal containers, location of all external light fixtures, location of all present and proposed utilities and written description of proposed use. The site plan may can be prepared by the owner.

      (2)   No parking shall be permitted in the required front yard except on an approved driveway. An approved driveway must be paved with concrete, asphalt, gravel, bricks or other permanent low-dust surface and shall not exceed 24 feet in width or cover more than 40% of a required front yard, whichever is greater. If gravel or other loose permanent low-dust material is used, safety curbing or a barrier shall be provided to define the limits of this parking area and prevent encroachment into the front yard. Any parking permitted in this section shall be subject to the site visibility triangle provisions of Figure 152.031(B) (4).

      (3)   Provide information in writing as to how solid waste, yard waste and brush will be removed from the property.

      (4)   The use of the structure is limited to the owner of the property for the following purposes:

         (a)   Storage of personal vehicles;

         (b)   Storage of personal property;

         (c)   Hobby shop when no mechanical equipment shall be used except as is customary for normal domestic residential purposes; and

         (d)   Storage of yard equipment used to maintain the property in which the building is located upon.

(Ord. 10-3277, § 1-7.2, passed 1-4-2010; Ord. 11-3324, passed 6-20-2011; Ord. 12-3343, passed 1-23-2012; Ord. 15-3506, passed 11-16-2015; Ord. 19-3594, passed 9-16-2019)