§ 159.03  LAND AND STRUCTURES TO BE USED AS REQUIRED BY DISTRICT REGULATIONS.
    (A)   The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
   (B)   No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
   (C)   No part of a yard or other space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use.
   (D)   Every building hereafter erected or altered shall be located on a lot as herein defined.
   (E)   An accessory building/structure must be incidental to the main building and must comply with all use regulations applicable to the main building except as stated herein.
      (1)   An accessory building/structure may not be used for commercial purposes except as permitted per the use district and within the definition of home occupation.
      (2)   An accessory building/structure may not be rented separately from the residence.
      (3)   A detached accessory building/structure may not be used for living quarters which is comprised of rooms and/or areas that are normally associated with residential accommodations, for example, kitchens, kitchenettes, dining rooms, sleeping rooms, living areas, bathrooms and the like, except for guest houses and servants quarters where permitted or granted by conditional use permit.
      (4)   Accessory building/structures shall not be located in any front yard.
      (5)   No accessory building/structure shall be constructed upon a lot until the construction on the principal building has commenced with the permanent foundation and framing in place.
      (6)   No accessory building/structure shall be put in use unless the principal building is completed and occupied.
      (7)   With respect to accessory buildings/structures as defined in § 159.42, the Building Official or a representative designated by him or her must also determine, based upon the following criteria, if the structure is an attached accessory building/structure to the main building:
         (a)   That the required roof extension is a structural member of the roof of the main building;
         (b)   That the roof extension does not exceed 24 feet in length, excluding overhangs, and the ridgeline of the roof extension is not higher than the roof over the main building;
         (c)   That the attached accessory use building/structure is no larger than 900 square feet and is built of like material and design in generally the same proportions (exclusive of glass) as the main building; and
         (d)   Does not contain attributes such as plumbing for a kitchen or bathroom, which may cause the Building Official or his or her designated representative to determine that such accessory building/structure should not be allowed without the applicant obtaining a conditional use permit.
      (8)   If the Building Official or his or her designated representative determines that an accessory building/structure is not an attached, integral part of the main building under the foregoing criteria, and that otherwise the accessory building/structure is not allowed under the provisions herein relating to stand alone, detached accessory buildings/structures without a conditional use permit, then the Building Official or his or her designated representative shall advise the applicant that he or she must obtain a conditional use permit for applicant's proposed accessory building/structure. Each accessory building/structure used for non-residential or multi-family residential purpose shall be considered a principal building/structure. The regulations detailed in this section shall govern the location of swimming pools and spas accessory to non-residential and multi-family residential uses.
      (9)   Distance between single-family and non-residential/multi-family residential swimming pools and spas. When property occupied by non-residential and/or multi-family residential uses abuts a single-family district, swimming pool and spa accessories to the non-residential and multi-family residential uses shall be located no closer than 50 feet to the single-family district, as measured from the outside of the pool liner.
   (F)   When calculating lot area in all use districts or districts, such area shall not include:
      (1)   Land that is in the regulatory floodplain;
      (2)   Rivers, lakes, and streams; and/or
      (3)   Rights-of-way.
(2005 Code, § 12-1-3)  (Ord. 960502, passed - -; Ord. 000615, passed - -; Ord. 181211B, passed 12-11-2018)