§ 154.022 ACCESSORY BUILDINGS AND STRUCTURES.
   (A)   General requirements.
      (1)   Timing of construction. No accessory building, structure, or use shall be constructed or established on a parcel unless there is a principal building, structure, or use being constructed or already established on the same parcel of land.
      (2)   Site plan approval. If submission of a site plan for review and approval is required, then the site plan shall indicate the location of proposed accessory buildings, structures, or uses.
      (3)   Nuisances. Accessory uses such as household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical equipment that could produce noise, odors, or other nuisances shall not be located adjacent to an adjoining property owner's living or sleeping area where windows and/or doors would be exposed to the nuisance.
      (4)   Conformance with lot coverage standards. Accessory buildings and permanent structures which actually cover a portion of the lot shall be included in computations to determine compliance with maximum lot coverage standards, where applicable.
      (5)   Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way, except as permitted in the regulations for essential services.
      (6)   Use of accessory structures. Attached and detached accessory buildings or structures in residential districts shall not be used as dwelling units (except for permitted accessory structures) or for any business, profession, trade or occupation. Any garage shall be used only for the storage of vehicles by the occupants of the residence to which it is accessory.
   (B)   Attached accessory buildings. Unless otherwise specified in this subchapter, accessory buildings or structures which are attached to the principal building (such as an attached garage, breezeway, or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements. The floor area of a garage attached to a principal residence shall not exceed 50% of the floor area of the residence or 720 square feet.
   (C)   Detached accessory buildings.
      (1)   Location. Detached accessory buildings shall not be located in a front yard or a required side yard; except that the following accessory uses may be permitted in the front or side yards of commercial or industrial districts, subject to the approval of the Planning Commission: buildings for parking attendants, guard shelters, gate houses, and transformer pads.
      (2)   Setbacks. Detached accessory buildings shall comply with the following setback requirements.
         (a)   Front yard setback. Accessory buildings shall comply with the front setback requirements for the district in which they are located. However, in no case shall an accessory building be located closer to the front lot line than the principal building.
         (b)   Side yard setback. The accessory building shall comply with the side yard setback for the district in which it is located, except that the minimum side yard setback for accessory buildings in single-family districts shall be three feet.
         (c)   Rear yard setback. Accessory buildings shall be located no closer than three feet to the rear lot line. Where the rear lot line is coterminous with an alley right-of-way line, the accessory building may be located within one foot of the rear lot line.
         (d)   Distance from other buildings. Detached accessory buildings shall be located at least ten feet from the principal building on the site or any principal building on an adjacent lot. The Zoning Board of Appeals may permit an accessory building to be located within four feet of the principal building, upon finding that there will be no threat to public health and safety, and that fire safety standards related to the fire ratings of walls, emergency access, and similar standards will be complied with.
         (e)   Setback on corner lots. Accessary buildings on a corner lot shall comply with the front setback requirements on any side that faces a street, if there is at least one house in the same block that fronts on the street. If there are no houses fronting on the street, then the corner house shall provide a minimum setback of three feet on the side street.
      (3)   Size and lot coverage. Detached accessory buildings may occupy up to 50% of the required rear yard, provided that the total of all accessory buildings shall not exceed 1,200 square feet in area.
      (4)   Height.
         (a)   1.   Detached accessory buildings in residential districts shall not exceed 21 feet in height as measured from the ground level to the top of the ridge.
            2.   Sidewalls of the accessory buildings shall not exceed ten feet in height.
         (b)   Detached accessory buildings in nonresidential districts shall comply with the maximum height standards for the district in which they are located.
   (D)   Accessory structures.
      (1)   General requirements. Accessory structures (for example, swimming pools, tennis courts, antennas) shall be located in the rear yard and shall comply with height, setback, and lot coverage requirements for accessory buildings, unless otherwise permitted in this chapter.
      (2)   Solar panels. Freestanding solar panels shall be considered accessory structures and shall be located in the rear yard, subject to the setback requirements for accessory buildings.
      (3)   Added lot coverage for swimming pools and decks. Swimming pools and decks may cover the lot an added amount up to 40% of the lot.
(Ord. 92-005, passed 2-17-92; Am. Ord. 93-016, passed 7-6-93; Am. Ord. 94-003, passed 7-5-94; Am. Ord. 04-003, passed 4-4-04; Am. Ord. 19-011, passed 10-3-19) Penalty, see § 154.999