§ 157.087 ACCESSORY USES.

(A) The building or use is incidental to and customarily found in connection with a principal building or use permitted in the district in which it is located;

(B) It is subordinate to and serves the principal building or use;

(D) It is located on the same lot as the principal use for which it serves;

(E) An owner obtains the required zoning permit, unless exempted in Table 157.087-1 ;

(F) The maximum height of an accessory detached garage shall be 18 feet in overall height;

(G) The maximum height of any other accessory use or building shall be 15 feet in overall height;

(H) Accessory uses and structures shall be prohibited in any common open space area that is preserved by covenant in a subdivision or PD, unless otherwise authorized by the PZC;

(I) Unless otherwise specified in this Code, accessory buildings and uses shall be located a minimum of five feet from all side and rear lot lines; and

(J) Comply with the maximum lot coverage ratios established in §§ 157.100 through 157.104.

(3) Table of allowed accessory uses.

(A) Generally. Table 157.087-1 lists the accessory building and uses allowed within all zoning districts.

(B) Explanation of table abbreviations.

1.) Permitted uses (P). A “P” in a cell indicates that an accessory building or use is permitted by right in the respective zoning district. Permitted accessory uses are subject to all other applicable regulations of this Code, including the use specific standards set forth in this chapter.

2.) Conditional uses (C). A “C” in a cell indicates that, in the respective zoning district, an accessory building or use is permitted if reviewed and approved as a conditional use pursuant to § 157.052. Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards set forth in this chapter.

3.) Prohibited uses (shaded cells). A shaded cell indicates that the listed accessory building or use is prohibited in the respective zoning district.

4.) Maximum lot coverage provision. The column of Table 157.087-1 titled “maximum lot coverage” notes if the size of the accessory building or use shall be used in the calculation of maximum lot coverage of accessory buildings or uses as defined in § 157.086(3).

5.) Permit required. The “permit required” column identifies if a zoning permit and/or a certificate of use and compliance is required for the applicable accessory building or use.

6.) Yards permitted. The “yards permitted” column identifies what yards the applicable accessory building or use is permitted in unless otherwise exempted.

7.) Additional regulations. Regardless of whether an accessory building or use is permitted by right or permitted as a conditional use, there may be additional regulations that are applicable to the use. The existence of these use specific standards is noted through a cross-reference in the last column of Table 157.087-1 . These standards apply in all districts unless otherwise specified.

Table 157.087-1 Allowed Accessory Uses

Uses

P = Permitted

C = Conditional

R-R

and

R-1

R-2

B-1

B-2

and

B-3

B-4

B-5

I-1

Maximum

Lot

Coverage

Permit Required

Yards

Permitted

F = Front

S = Side

R = Rear

Additional Regulations

See Subsection:

Zoning

Permit

Certificate

of Use and

Compliance

Accessory dwelling units

Yes

157.087(5)(A)

Accessory garages or buildings

Yes

Dining areas or restaurants

Yes

In principal building

157.087(5)(B)

Fences

Yes

See additional regulations

157.087(5)(C)

Home occupations

Yes

In principal building

157.087(5)(D)

Outdoor storage at

self-storage facilities

Yes

S or R

157.086(11)(E)

Private stables or kennels

Yes

157.087(5)(E)

Retail commercial uses

Yes

In principal building

Roadside stand

Yes

F, S, or R

157.087(5)(F)

Satellite dishes

See additional regulations

157.087(5)(G)

Stand alone automated teller machines (ATMs)

Yes

F, S, or R

Swimming pools (outdoor)

Yes

157.087(5)(H)

Swing or gym sets

Tennis courts or other ball courts

Yes

Unenclosed patios

Wood or solid surface decks

Yes

157.087(5)(I)

Other accessory uses

As determined by PZC

(4) Exceptions to the location of accessory buildings and uses.

(A) Exemptions. For accessory buildings and uses that may only be permitted in the rear yard pursuant to Table 157.087-1 , the following exemptions shall apply.

1.) On a corner lot, accessory buildings and uses may be located in the side yard as illustrated in § 157.100.

2.) On a double frontage lot, accessory buildings may be located in the front yard located to the rear of the principal structure as illustrated in § 157.100.

(B) Attached versus detached accessory buildings.

1.) Typical accessory uses, such as a private garage, that are an integral part of a principal building shall be considered to be part of the principal use and shall be subject to the site development standards of the applicable zoning district.

2.) Accessory buildings located within five feet of a principal structure and connected by a permanently enclosed porch, walkway, breezeway or other similar structure shall be subject to the site development standards of the applicable zoning district.

3.) Accessory buildings located more than five feet from a principal structure shall be considered a detached accessory building and shall be subject to the provisions of this section, even if the accessory building is connected by a permanently enclosed breezeway, walkway or other similar structure.

(5) Use specific standards.

(A) Accessory dwelling units.

1.) An accessory dwelling unit shall only be permitted when attached to the principal or another accessory structure and where approved by the PZC.

2.) Mobile homes, recreational vehicles and travel trailers shall not be used as accessory dwelling units.

3.) The gross floor area associated with an accessory dwelling unit shall be at least 400 square feet, but shall not exceed 50% of the gross floor area of the principal dwelling unit or 800 square feet, whichever is less.

4.) There shall be no more than one accessory dwelling unit per parcel.

5.) At least one off-street parking space shall be provided for an accessory dwelling unit in addition to the required off-street parking serving the principal use, but in no instance shall more than two off-street parking spaces be provided with an accessory dwelling unit.

6.) The exterior materials of the accessory dwelling unit shall consist of the same materials as the principal structure.

7.) Accessory dwelling units shall not be sold apart from the principal dwelling unit. Accessory dwelling units shall not be leased or rented.

(B) Dining areas or restaurants.

1.) Accessory dining areas or restaurants shall be restricted to 10% of the gross floor area of the principal building.

2.) Accessory dining areas that are outdoors shall be subject to the applicable standards of § 157.141.

1.) In all districts, fences and walls shall comply with the following.

a.) In a front yard, a fence or wall shall not exceed 36 inches in height, except that within 20 feet of a public right-of-way, a fence shall not exceed 24 inches in height.

b.) In a side or rear yard in a residential district, a fence or wall shall not exceed six feet in height.

c.) In a side or rear yard in the B-1, B-2 or B-3 Districts, a fence or wall shall not exceed eight feet in height.

d.) In a side or rear yard in the B-4, B-5 or I-1 Districts, a fence or wall shall not exceed ten feet in height.

e.) Decorative fencing used along the boundary of a major subdivision or a PD development shall require review and approval from the DRB and PZC.

f.) The use of barbed wire, razor wire, electric fence or similar fencing shall require approval by the DRB and PZC following site plan review procedures.

g.) Barbed wire or razor wire shall not extend more than two feet above the top of the fence to which it is connected.

h.) The installation of any fence shall adhere to a good neighbor policy where the finished side of the fence is visible to adjacent property owners and/or the public and support posts are placed on the inside of the fence.

2.) Any fence or wall proposed for a use that requires site plan review and which is not in a front or required rear or side yard pursuant to division (5)(C)1.) of this section shall be reviewed and approved as part of a site plan pursuant to § 157.051. However, when a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, fences or walls may be approved administratively by the Planning Department (or Zoning Division staff if designated by the Director of Planning) when the Planning Department determines that the proposal:

a.) Complies with division (5)(C)1.) of this section;

b.) Is consistent with any previously approved plan;

c.) Is compatible with the current site development if there is no approved plan; and

d.) Will have a minimum adverse impact to the surrounding areas.

3.) If, due to the nature of the proposed fence, the Planning Department through the Zoning Division does not make such a determination, the request shall be referred to the BZA and considered by the Board according to the appeals procedures set forth in § 157.055.

4.) The construction and use of electric fences shall be permitted on a limited basis, subject to the following standards and conditions.

a.) Electrification.

i) The energizer for electric fences shall be a commercial storage battery not to exceed 12 volts DC that is charged primarily by a solar panel. A commercial trickle charger may/can supplement the solar panel.

ii) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electro-Technical Commission (IEC) Standard No. 60335-2-76.

b.) Perimeter fence or wall. No electric fence shall be installed or used, unless it is completely surrounded by a fence or wall that is not less than six feet in height.

c.) Location. Electric fences shall only be permitted on nonresidential parcels of land after review and approval by the DRB and PZC.

d.) Height. Electric fences shall be no more than to two feet higher than the perimeter fence/wall.

e.) Warning signs. Electric fences shall be clearly identified with warning signs that read: “Warning- Electric Fence” at intervals of not less than 60 feet.

f.) Permitting. Electric fences shall be governed and regulated per the Land Development Code. All fence installations require a permit.

g.) Accessibility. A Knox Box shall be required and installed per the standards and directions of the Fire Department.

(D) Home occupations - accessory to a dwelling in residential districts.

1.) A home occupation may be conducted in a dwelling unit; provided that the following standards are maintained.

2.) The occupation shall be conducted only by members of the family residing in the dwelling and no one from outside the family shall be employed within the dwelling unit.

3.) The occupation shall be conducted wholly within a principal building and any space used for sales, service or production shall occupy no more than 35% of the total floor area of the dwelling.

4.) Homes that serve as a gathering point for employees engaged in the business that takes place off the premises shall be prohibited. This may include, but it is not limited to, landscape business offices, construction offices, or a trucking business where drivers or employees gather at the home before being dispatched from the home for the purposes of the home occupation.

5.) The occupation shall not generate a significantly greater volume of traffic than would normally be expected in a residential area and all parking shall be accommodated in the resident’s driveway.

6.) There shall be no change in the outside appearance of the dwelling or other visible evidence of the conduct of such home occupation.

7.) No home occupation, or any aspect thereof, including the storage of materials and supplies, shall be conducted in any accessory building or in an open yard.

(E) Private stables or kennels.

1.) Private stables for the keeping of one or more horses or ponies shall be permitted as an accessory use on a lot having a minimum of five acres and shall be permitted only for the use of the property owner, or a lessee thereof, and his or her family and/or friends invited to use such animals without the payment of any fee.

2.) Private stables and associated structures, buildings and structures accessory to a permitted agricultural use, and any fenced enclosure in which farm animals, fowl, fur-bearing animals, horses or ponies are kept, shall be set back a minimum of five feet from every lot line. A perimeter fence shall be permitted along a lot line; provided that such fence does not constitute a corral or fenced area used for the purpose of containing such animals.

(F) Roadside stand.

1.) Roadside stands shall only be permitted for the sale of products grown on the premises.

2.) Roadside stands shall be set back a minimum of 30 feet from the road right-of-way and located in front yard or side yard in relation to primary structures.

3.) Roadside stands shall not exceed 100 square feet in floor area.

(G) Satellite dishes. Satellite dishes shall be permitted without a zoning permit or certificate of use and compliance; provided that such items are not located in the front yard and are smaller than 18 inches in diameter. Where such use exceeds 18 inches in diameter, the following shall apply:

1.) A zoning permit and a certificate of use and compliance is required to be issued by the Zoning Division;

2.) The satellite dish shall only be located in the rear or side yard; and

3.) The satellite dish shall not exceed ten feet in diameter.

(H) Swimming pools.

1.) At-grade or below-grade swimming pools. Any swimming pool below-grade or at-grade, when containing water to a depth of one and one-half feet or more, shall be completely surrounded by a fence or wall with a minimum height of four feet in order to minimize the attraction of the site to young children.

2.) Above-grade swimming pools. Above grade pools, when raised a minimum of four feet above grade, shall not require fencing. However, access shall be restricted by a gate to minimize the attraction of the site to young children.

3.) Other requirements.

a.) Swimming pools and associated structures (such as, pool deck and diving board) shall be set back a minimum of 15 feet from the side and rear lot line.

b.) The construction and operation of a swimming pool shall meet all state and county regulations.

(I) Wood or solid surface decks and porches. Decks and porches shall meet all applicable safety and building codes.

(Prior Code, § 1226.03) (Ord. 2009-21, passed 10-27-2009; Ord. 2014-15, passed 12-9-2014; Ord. 2017-22, passed 12-12-2017)

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