§ 152.034  ACCESSORY BUILDINGS AND STRUCTURES.
   (A)   Accessory buildings and structures related to a farming operation and on a farm may be located anywhere on the lot except that building for housing more than two non-domestic animals shall be not less than 50 feet from lot line and all buildings shall conform to yard regulations.
   (B)   No accessory building or structure other than a fence or temporary construction office shall be permitted on any lot in an R District heretofore, prior to the time of construction of the principal building to which it is accessory except a residential garage, which prior to construction of the residence can be used only for storage purposes pertaining to, and until the completion of, the main structure.
   (C)   In all R and CD Districts, no accessory building shall be less than four feet from the side lot line, or less than five feet from the rear lot line.
   (D)   Whenever a garage is so designed that it is to be entered directly from a side street, the distance between the doors and the lot line shall be 20 feet or more.
   (E)   Should the lot grade between the street line and the required setback be ten feet or more, either above or below the curb level, in the R District, a garage for the storage of two passenger automobiles may be located in the front yard subject to minimum front yard setback or existing setback established by existing buildings.
   (F)   Unless otherwise specified in the zoning regulations (as codified in this Chapter 152), no accessory building in an R or CD District shall exceed the height of 18 feet except pursuant to a conditional use permit issued for a lot described in Category 4 of division (G) below. In addition, the 18-foot limit provided in this division (F) shall not apply to an accessory building attached to a dwelling of the same height, so as long as the portion of the attached accessory building that exceeds the height of 18 feet is used as a dwelling, namely occupied or intended to be occupied for residence purposes, and not for accessory use.
   (G)   (1)   In all R and CD Districts, the following provisions will apply for accessory buildings:
 
Category 1
Category 2
Category 3
Category 4
Category 5
Category 6
Lot area by square footage
10,000 square feet or less
10,001 to 20,000 square feet or less
20,001 to 40,000 square feet or less
40,001 to 80,000 square feet or less
80,001 to 130,680 square feet or less
130,681 and above square feet
Maximum size of any one accessory building (square feet)
960
1,040
1,200
1,500
1,800
No limit
Maximum number of accessory structures
3
3
4
4
5
No limit
Maximum total square footage for all accessory buildings allowed
1,200
1,716
2,400
3,000
3,600
No limit
Peak height
18 feet
18 feet
20 feet
20 feet
20 feet
No limit
 
      (2)   Except where otherwise set forth, the term “accessory structure” or “accessory building” shall include attached or detached. In all R districts and CD Districts, the maximum number of accessory buildings, which may be located on a lot are as follows.
         (a)   The maximum number of accessory buildings, whether attached or detached, is three. However, a structure that is not enclosed by walls and is used exclusively for the storage of firewood will not be included in this maximum of three accessory buildings, nor will it be included in the maximum total for all accessory buildings referenced in this division (G), if the firewood storage building is no greater than 180 square feet in size and no greater than ten feet in height.
         (b)   In an R-1 District, the maximum number of accessory buildings allowed shall be increased by one if it is a boathouse which complies with all other rules and regulations contained within this chapter and the shoreline management ordinance, as codified in § 152.100. The square footage of the boathouse will be in addition to the total permitted square footage indicated in this division (G); however, the square footage for the boathouse may not exceed the requirements of § 152.100(E)(6) dealing with water-oriented accessory structures. This boathouse exception is available only on lots abutting water.
   (H)   Garage structures shall be anchored to a footing or concrete slab with a suitable connection of a breaking strength equal to or exceeding 2,000 pounds and the structure shall be provided a surfaced floor.
   (I)   No accessory building in a business or industrial district shall exceed the height of the principal building except by conditional use permit.
   (J)   An accessory building in the business or industrial districts may be located within the rear yard setback, subject to building code and fire zone regulations and provided that the lot is not a through lot and the accessory building shall be a part of the principal building if it is located less than 12 feet from the principal building. No accessory building shall be located less than ten feet from a rear lot line.
   (K)   Fish houses or dark houses may be stored temporarily in the rear yard in R Districts for not more than ten months in any calendar year provided the structure is painted and maintained to a standard compatible with the principal structure.
   (L)   No shipping containers, rail car containers or “Conex” containers are allowed in R-3 District (Hoyt Lakes Proper), except in those limited circumstances when such a container is temporarily placed, for a period to not exceed ten calendar days, on or adjacent to a lot in conjunction with an individual or family moving into or out of a residence located on the lot.
(Ord. 110, passed 4-23-1991; Ord. 118, passed 10-27-1992; Ord. 131, passed 7-25-1995; Ord. 137, passed 5-28-1996; Ord. 151, passed 6-23-1998; Ord. 167, passed 2-24-2004; Ord. 172, passed 3-22-2005; Ord. 173, passed 6-28-2005; Ord. 186, passed 9-23-2008; Ord. 188, passed 5-26-2009; Ord. 224, passed 6-7- 2021; Ord. 225, passed 6-7-2021)