"Accessory building or structure" shall mean a structure and/or use which is subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use. Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar structures or facilities. Such accessory structures are subject to the following additional requirements:
(a) The use of all accessory structures shall conform to the definition above, and no accessory structure shall be used for human habitation, or for commercial purposes.
(b) In the R Districts, no separate accessory structure can be erected on a vacant lot, or any lot where there is no principal residential structure.
(c) An accessory use or structure shall not exceed eighteen (18) feet in height, unless the subject property is subject to historic design review, and specific approval for a higher accessory building is granted by the Historic District Review Board, in order to promote consistency with the architectural character of the other structures on the site.
(d) An unattached use or structure shall be located to the rear of the front building line of the principal structure, within any side or rear yard no closer than six (6) feet from any side or rear lot line in the R-1A District and three (3) feet in the R-1B, R-1C, RO or MH-R Districts. In any other district, the location of accessory buildings must be approved by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
(e) The total area of all accessory uses or structures shall not exceed the greater of 1,000 square feet or 5% of the total area of the lot. Such area shall be considered as the area of all accessory uses and structures covered by a roof. Swimming pools, tennis courts and similar uncovered areas shall be exempt from these area requirements.
(Ord. 2015-76. Passed 9-22-15.)
(Ord. 2015-76. Passed 9-22-15.)
(f) Not more than one (1) moveable storage building shall be allowed on any single residential property, and such structure shall comply with the location requirements of subsection (d) above.
(g) Notwithstanding the provisions of subsection (f) above, if an individual lot has less than sixty (60) feet of lot width and no attached or unattached garage, one (1) additional moveable storage building or structure shall be allowed, provided all such structures comply with the provisions of subsections (d) and (e) above.
(h) The above restrictions shall not apply to temporary storage structures in place for less than ninety (90) days.
(Ord. 2009-85. Passed 12-8-09.)
Home occupations shall be regulated as permitted, accessory or conditional uses in the various residential districts. A home occupation typically consists primarily of rendering specific personal services and/or sale or service of products. A home occupation shall comply with the following standards:
(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than twenty percent (20%) of dwelling unit floor area is devoted to the home occupation.
(b) The home occupation shall be managed by the occupant of the property. Not more than three (3) persons, other than immediate family residing at the premises, shall be employed in such occupation.
(c) The home occupation shall not generate greater traffic volume than is normal for a residential neighborhood.
(d) External indication of such home occupation shall be limited to one non-illuminated sign of not more than eight (8) square feet,
(e) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.
(f) No home occupation shall be conducted from any accessory building on the lot.
(Ord. 2016-81. Passed 10-25-16.)
Fences as an accessory use or structure shall be regulated pursuant to the requirements of Chapter 1345 of the Codified Ordinances.
(Ord. 2009-85. Passed 12-8-09.)
Private swimming pools as an accessory use shall be regulated pursuant to the standards and requirements of Section 1341.01 of the Codified Ordinances. A zoning certificate shall be required for the construction or installation of any private swimming pool. The owner of the property, or his agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above cited standards and requirements.
(Ord. 2009-85. Passed 12-8-09.)
For the purposes of these regulations, a "wind turbine system" shall mean a wind energy conversion (WEC) system consisting of a tower, a unit consisting of blades, generator and associated control or conversion electronics which have a rated capacity appropriate for on-site electrical generation and use. Wind turbine systems shall be considered a conditional accessory use requiring approval by the Planning Commission in the districts so designated below and shall require a separate zoning certificate.
(a) Small Wind Turbine Systems in Residential Districts. Not more than one (1) wind turbine system of not more than 20 kW design capacity shall be allowed as a conditional use on a single property or parcel in the RE or R-1A Districts, provided evidence is submitted to the Planning Commission that the following requirements are met:
(1) A Site Plan for the property shall be provided, showing all physical features of the lot, including landscaping and existing and proposed structures. The Site Plan shall also include an explanation of how the proposed wind turbine system can be specifically adapted to meet the requirements of the site and this Ordinance.
(2) The height of the tower of the wind turbine system shall not exceed seventy (70) feet as measured from the ground to the highest point of the tower, including the height of any building or structure upon which the tower is mounted. The specific lot shall be of such size that not less than 1.25 times the height of the tower can be provided to any property line.
(3) Notwithstanding the above, the height of the system shall not exceed the height recommended by the manufacturer or distributor of the system.
(4) The noise from the system shall not exceed 50 decibels (dBA) or 10 dBA above the documented ambient noise level as measured at the most proximate inhabited residential dwelling.
(5) The application shall include standard drawings and an engineering analysis of the structural stability of the tower, and certification of same by a Professional Engineer.
(6) The owner of the system shall certify and provide assurance that if the small wind turbine system is abandoned or otherwise inoperable for a continuous period of six (6) months or more, the system shall be removed. The reinstallation of such system shall require a new zoning certificate.
(b) Wind Turbine Systems in Non-Residential Districts. Not more than three (3) wind turbine systems of not more than 100 kW design capacity shall be considered as a conditional use in the GC, GI or IP Districts and shall be subject to the requirements of that district, as well as the following:
(1) A Site Plan for the property shall be provided, showing all physical features of the lot, including landscaping and existing and proposed structures. The Site Plan shall also include an explanation of how the proposed wind turbine system can be specifically adapted to meet the requirements of the site and this Ordinance.
(2) The height of the tower of the wind turbine system shall not exceed 120 feet as measured from the ground to the highest point of the tower, including the height of any building or structure upon which the tower is mounted. The specific lot shall be of such size that not less than 1.25 times the height of the tower can be provided to any property line.
(3) The requirements of subsection (a)(3) through (6) shall apply.
(Ord. 2009-85. Passed 12-8-09.)
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