1206.03   ACCESSORY USES/STRUCTURES.
   Permitted uses and approved conditional uses shall be deemed to include accessory uses, structures, and activities that are necessarily and customarily incidental and subordinate to the principal uses allowed in the zoning district, unless specifically prohibited. Accessory uses, structures, and activities shall be subject to the following regulations in addition to the same regulations that apply to principal uses in each district.
   (a)   Residential Accessory Uses. Residential uses shall include the following accessory uses, activities, and structures:
      (1)   Accessory dwelling units only in District 4 and District 5 when incidental to a principal single-family detached residential use and subject to the following conditions:
         A.   Accessory dwellings shall consist of living quarters integrated within single-family dwellings, or those located in detached accessory buildings, such as carriage houses or garages, that are located on the same lot as the single family dwelling.
         B.   Accessory dwellings shall be at least 500 square feet in total gross floor area, but no more than 850 square feet in gross floor area, and shall contain at least two rooms and private sanitary facilities with hot and cold running water, and cooking and food storage facilities.
         C.   For the purposes of calculating residential density, each accessory dwelling shall count as one-half dwelling unit.
         D.   There shall not be more than one accessory dwelling on a lot in addition to the principal single-family dwelling.
         E.   A permitted accessory dwelling unit shall comply with all other applicable site and building design, height, access, and other standards for principal dwelling units in the zoning district in which the accessory dwelling will be located.
      (2)   Antennas that are designed to receive television broadcast signals, provided they comply with Sections 1207.15 and 1207.16.
      (3)   Barns.
      (4)   Composting, subject to the following conditions:
         A.   Such use is not conducted as a business, or as accessory to a business;
         B.   The materials to be composted must originate on the same property as the location of the principal building for which it serves;
         C.   The composting site shall be maintained in a safe, sanitary, neat, and orderly fashion to prohibit the spread of disease vectors, rodents, and insects, and minimize odors;
         D.   The composting pile or structure shall permit proper aeration of the composted material;
         E.   The compost pile or structure shall not be located in any front yard or any side yard of a lot;
         F.   Access to the composting structure shall not face any adjacent property or street;
         G.   All composting structures shall be screened and/or buffered from adjacent properties by natural materials or by fencing; and
         H.   No composting structure shall exceed four feet in height.
      (5)   Fences and walls, residential, subject to Section 1207.04.  The maximum height (excluding incidental decorative items) at any point shall not exceed four feet above the elevation of the surface of the ground at such point, except as may be allowed by division (a)(5)B., C. and D. of this section.
         A.   To the rear of the main mass of the principal structure, the maximum height shall not exceed at any point six feet above the elevation of the surface of the ground; except that on a corner lot, abutting in the rear the side lot line of another lot, fences, walls and hedges greater than four feet in height may not be located forward of the adjacent lot's front building line or required setback if undeveloped. No fences, walls or hedges shall be permitted which constitute a visual obstruction hazardous to persons using the street or sidewalks.
         B.   Arbors, attached to a fence, shall not exceed ten feet in height.
         C.   No hedges or other types of growing plants or shrubs exceeding thirty inches in height, except deciduous trees, shall be planted within the street right-of-way.
         D.   A subdivision entrance wall(s) shall be permitted at the entrance(s) to a subdivision. The wall(s) shall not exceed eight feet in height at any point, shall average not more than six feet in height over its entire length and regardless of the number of sections, the entire length of said structure(s) shall not exceed seventy feet at each entrance. Lights, if any, mounted on top of the wall(s) may be up to two feet in height. Wall(s) shall be located so as to not restrict visibility from any driveway and shall be at least two feet in distance from the street lines. Wall(s) may include piers that are up to fifty percent wider than the rest of the wall(s). Wall(s) may be of constant or variable height, may be curved or straight.
         E.   Fences and walls are subject to Section 1207.04 when required as landscaping/buffering.
         F.   Measurement of maximum fence height in feet.  Height shall be measured as the vertical distance between the natural grade of land and highest point of the fence, excluding incidental decorative items.
      (6)   Garages, carports, and off-street parking areas used to serve the residents of the property, provided that the height of a garage or carport serving a single-family dwelling unit shall not exceed eighteen feet. A garage or carport may be detached from or attached to the principal structure, provided it complies with all applicable zone district regulations.
      (7)   Gates and guard houses.
      (8)   Guest houses or guest rooms, neither of which may include kitchen facilities, provided such guest houses or guest rooms are used for the housing of guests or resident employees of the occupants of the principal dwelling and provided such facilities are not used as rental units.
      (9)   Home occupations, subject to division (e) of this section.
      (10)   Horses in District 1, District 2, District 3, and District 10, provided that there shall be a minimum lot area of two acres and at least one acre per horse. Domestic/household pets are permitted in all districts.
      (11)   Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings, provided that the height of such structures shall not exceed sixteen feet and provided that no storage building shall exceed 200 square feet in gross floor area.
      (12)   On-premise signs subject to the standards set forth in Section 1207.17.
      (13)   Private recreational and play facilities for use of the residents of the property and their guests, provided that:
         A.   No outdoor lighting shall be erected to light private tennis courts;
         B.   The height of any recreational or play facility shall not exceed twelve feet; and
         C.   All swimming pools shall be subject to the restrictions set forth in division (f) of this section.
      (14)   Private greenhouses, not for commercial purposes.
      (15)   Satellite dish antennas thirty-nine inches (one meter) or less in diameter, provided that to the maximum extent feasible, such satellite dish antenna shall be located in the rear yard of the residential use.
      (16)   Solar energy systems.
         A.   Placement. A solar energy systems-panel located on the pitched roof of a residential structure may not extend above the peak of the roof or beyond the outside edges of the roof line. Panels greater than six inches in height may not be located on a flat roof of any structure, unless they are screened or are not visible from the public view. Within the Historic District, a solar energy systems-panel shall not be located on the roof or wall facing the front lot line, and on a corner lot shall not be located on the roof or wall facing the side lot line facing the street that is not designated as the "front".
         B.   Height. A solar energy systems-freestanding solar array shall not exceed sixteen feet in height from the ground to the highest point of the supporting structure or panels, whichever is taller.
         C.   Setbacks. A solar energy systems-freestanding solar array shall not be located closer than fifteen feet to the side and rear property lines, or on a corner lot, the setback for the street side not designated a "front" shall conform to the zoning district setback requirements.
         D.   Yard area. A solar energy systems-freestanding solar array shall be located only in the rear yard and shall not occupy more than thirty percent of the rear yard.
         E.   Exemption. Any solar energy system attached or located on the roof or wall of a building that does not project more than six inches from the surface is exempt from obtaining a zoning certificate, except for: 1) A solar energy systems installed in the Historic District; or 2) A solar energy systems located on the roof or wall facing the front lot line or on a corner lot on the roof or wall facing side lot line facing the street that is not designated as the "front".
      (17)   Storage or parking of trucks, cars, or major recreational equipment, including but not limited to boats, boat trailers, camping trailers, motorized homes, and house trailers, subject to the restrictions set forth in division (g) of this section.
      (18)   Keeping of chickens on residential property. Keeping of chickens on residential property is permitted per the following:
         A.   The keeping of hen chickens for personal consumption, shall be permitted on residentially zoned property subject to the following provisions:
            1.   There shall be a minimum lot area of one acre. There shall be no more than a maximum of twelve hen chickens kept on any property.
            2.   Fencing: Any portion of a property that is devoted to the keeping of chickens shall be fully enclosed by a fence or enclosure that effectively confines the animals to the property in question. Fencing and enclosures shall be in compliance with all provisions of the zoning ordinance and shall be constructed in a quality, workmanlike manner.
            3.   Screening: Any portion of a property that is devoted to the keeping of chickens shall be screened from adjacent property with landscaping equivalent to Bufferyard "C."
            4.   Setback: Any structure (such as a coop, stable, or pen along with any fencing enclosure) shall only be permitted within a rear yard and shall be set back a minimum of fifty feet from the property line and 100 feet from a structure suitable for occupancy.
            5.   Sanitation: Properties devoted to the keeping of chickens shall be maintained in a clean and sanitary condition free from accumulations of animal waste, feed, debris, etc.
            6.   No commercial activity including the breeding of animals or sales of agricultural goods shall be associated with the keeping of chickens or cultivation of crops on residential property.
            7.   The keeping of more than twelve chickens on a property shall not be permitted as an accessory use and shall be regulated as a general agricultural operation.
   (b)   Nonresidential Accessory Uses.  Commercial, retail, and industrial uses shall include the following accessory uses, activities, and structures:
      (1)   Antennas that are designed to receive television broadcast signals provided they comply with Sections 1207.15 and 1207.16.
      (2)   Automated teller machine (ATM) located inside the structure housing the principal use.
      (3)   Cafeteria, dining halls, and similar food services when operated primarily for the convenience of employees, clients, customers, or visitors to the principal use.
      (4)   Dwelling units, other than mobile homes, when used to house security or maintenance employees or personnel.
      (5)   Fences and walls, subject to Section 1207.04.
         A.   The maximum height (excluding incidental decorative items) at any point shall not exceed four feet above the elevation of the surface of the ground at such point, except as may be allowed by division (b)(5)B., C. and D. of this section.
         B.   Commercial fences and walls may, in any required rear or side yard, exceed four feet but shall not exceed at any point eight feet in height above the elevation of the surface of the ground at such point, provided that on a corner lot, abutting in the rear the side lot line of another lot, no fence or wall greater than four feet in height may be located forward of the adjacent lot's minimum front yard setback. No hedges, fences or walls shall be permitted which constitute a visual obstruction hazardous to persons using the street or sidewalks.
         C.   No hedges or other types of growing plants or shrubs exceeding thirty inches in height, except deciduous trees, shall be planted within the street right-of-way.
         D.   A subdivision entrance wall(s) shall be permitted at the entrance(s) to a subdivision. The wall(s) shall not exceed eight feet in height at any point, shall average not more than six feet in height over its entire length and regardless of the number of sections, the entire length of said structure(s) shall not exceed seventy feet at each entrance. Lights, if any, mounted on top of the wall(s) may be up to two feet in height. Wall(s) shall be located so as to not restrict visibility from any driveway and shall be at least two feet in distance from the street lines. Wall(s) may include piers that are up to fifty percent wider than the rest of the wall(s). Wall(s) may be of constant or variable height, may be curved or straight.
         E.   Measurement of maximum fence height in feet.  Height shall be measured as the vertical distance between the natural grade of land and highest point of the fence, excluding incidental decorative items.
      (6)   Gates and guard houses.
      (7)   Heliports as an accessory use to hospital uses only.
      (8)   As accessory uses to golf courses or indoor recreational facilities only, clubhouses including space for the sale of golf or other sporting equipment, food, and refreshments.
      (9)   On-premises signs, subject to the standards set forth in Section 1207.17.
      (10)   Outdoor serving areas for a restaurant, however in all districts except District 5, outdoor serving areas within 200 feet of a residential use requires conditional use approval.
      (11)   Parking garages and off-street parking areas for employees, customers, and guests.
      (12)   Private recreational facilities for use by employees and guests, subject to the standards set forth in division (f) of this section for swimming pools.
      (13)   Restaurants, bars, newsstands, gift shops, clubs, and lounges when inside the principal building containing a permitted lodging use.
      (14)   Swimming pools and tennis courts located on the same parcel of a permitted lodging use, subject to the standards set forth in division (f) of this section for swimming pools.
      (15)   Retail sales of goods as part of permitted industrial and warehouse activities, subject to the following conditions:
         A.   All retail sales shall be conducted within the same structure housing the principal industrial or warehouse use, and no outdoor retail sales activity shall be allowed;
         B.   Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.;
         C.   Items for sale shall either be manufactured by the principal use or part of the principal warehouse's stock;
         D.   Maximum gross floor area of the accessory retail use shall be either ten percent of the total gross floor area of the principal use or 5,000 square feet, whichever is less; and
         E.   Parking for the retail accessory use is provided in accordance with the off-street parking standards for retail uses as set forth in Section 1207.12.
      (16)   Retail sales as an accessory use to artisan and photography studios, provided the works of art or photographs for sale shall be work product from the principal studio use.
      (17)   Satellite dish antennas that are seventy-eight inches (two meters) or less in diameter, provided that, to the maximum extent feasible, the satellite dish antenna is located to the rear of the principal building and is screened from view.
      (18)   Storage of merchandise and non-hazardous materials when located in the same building as the principal use.
      (19)   Oil and gas exploration and extraction, subject to the following conditions:
         A.   The use shall demonstrate compliance with the special development standards set forth in Section 1207.19 and with the standards set forth in Chapter 838 of the City's Codified Ordinances.
         B.   Drilling, storage and tank batteries are located at least 300 feet or more from lot lines of adjoining properties and are to be opaquely screened so as not to be visible from adjoining properties.
      (20)   Solar energy systems.
         A.   Placement: A solar energy systems-panel located on the pitched roof of a nonresidential structure may not extend above the peak of the roof or beyond the outside edges of a roof line. Panels greater than six inches in height may not be located on the flat roof of any structure unless they are screened, or are not visible from the public view. Within the Historic District, solar energy systems-panel shall not be located on the roof or wall facing the front lot line, and on a corner lot shall not be located on the roof or wall facing the side lot line facing the street that is not designated as the "front".
         B.   Height: A solar energy systems-freestanding solar array shall not exceed sixteen feet in height from the ground to the highest point of the supporting structure or panels, whichever is taller.
         C.   Setbacks: A solar energy systems-freestanding solar array shall not be located closer than twenty-five feet to the side and rear property lines. Freestanding solar arrays shall be no closer than 100 feet from the lot line of any property that is zoned to permit a residential use.
         D.   Yard area: A solar energy systems-freestanding solar array shall be located only in the rear yard and shall not occupy more than thirty percent of the rear yard.
         E.   Exemption: Any solar energy system attached or located on the roof or wall of a building that does not project more than six inches from that surface of the roof or wall is exempt from obtaining a zoning certificate, except for: 1) A solar energy systems installed in the Historic District; or 2) A solar energy systems located on the roof or wall facing the front lot line or on a corner lot on the roof or wall facing the side lot line facing the street that is not designated as the "front".
   (c)   Accessory Use Regulations in the Historic District. Accessory use of contemporary (modern) appurtenances, including but not limited to free-standing air conditioning units, trash receptacles, basketball hoops, antennas, and children's play equipment, shall conform to the following requirements:
      (1)   All contemporary appurtenances shall be located in a rear yard so as to lessen their visibility from a public street or other public area.
      (2)   All antennas shall be located in the following order of preference:
         A.   In a rear or side yard so as not to be visible from a street or other public area, or
         B.   In an area adequately screened so that the antenna is not visible from a street or other public area and where such screening conforms to all the requirements of this Code.
      (3)   All contemporary appurtenances must comply with the applicable provisions of the City Building and Housing Code and the Fire Prevention Code.
   (d)   Accessory Use Development and Operational Standards. The following standards shall apply to all accessory uses and structures:
      (1)   Front setback. No accessory use, structure, or activity, except for permitted fences or walls shall be located or take place within a front yard.
      (2)   Rear setback. An accessory structure shall not be required to comply with the rear setback/yard requirement for the principal use. Except for permitted fences or walls erected on a property line and except as otherwise expressly allowed by the applicable zone district regulations, accessory structures shall be set back from rear and side lot lines and shall not be closer than the applicable minimum rear and side yard setback.
      (3)   Side setbacks. No accessory structure shall be located within a side yard, except for permitted fences or walls and on corner lots the majority of the floor area of any accessory structure shall not be located within a side yard.
      (4)   Setbacks from easements. No accessory structure shall be located within any platted or recorded easement or over any known utility, without the written permission obtained from the easement holder of utility owner.
      (5)   Maximum building or structure size. Except as otherwise expressly limited or allowed in this section, and except for accessory recreational facilities including swimming pools, each building and/or structure accessory to residential uses shall not be larger than 1,200 square feet of building footprint area; in District 4 and 5 the building footprint area shall not be larger than 1,000 square feet. Maximum size of a barn shall be 10,000 square feet of building footprint area for an agricultural use.
      (6)   Maximum number of accessory buildings. On any lot two and one-half acres or less, the maximum number of accessory buildings shall be three.  On any lot greater than two and one-half acres, the maximum number of accessory structures shall be four.
      (7)   Height. Except for television antennas and as otherwise expressly limited or allowed, no accessory structure shall exceed eighteen feet in height.
      (8)   Building separation. Unless attached to the principal structure, accessory structures (excluding spas and/or hot tubs) shall be located at least five feet from any other structure. Nothing in this section shall prohibit an accessory garage located ten feet or more from the principal dwelling unit to be attached to the principal building by a breezeway or similar structure.
      (9)   Dwelling unit prohibited. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory structure or building.
      (10)   Outdoor storage of equipment. Except as otherwise expressly limited or allowed in this section, the outdoor storage of construction, landscape, or other similar equipment is not permitted in any residential district.
   (e)   Home Occupations. Home occupations shall be allowed as an accessory use in all districts, subject to the following conditions:
      (1)   Permit.
         A.   No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the City Manager according to the standards set forth herein.
         B.   A home occupation permit shall be issued only to a resident of the dwelling unit in which the home occupation is to be conducted. If the resident rents the dwelling unit, the resident shall provide evidence of written permission from the dwelling unit's owner as part of the permit application.
         C.   Home occupation permits shall not be transferable and shall not run with the land. All home occupation permits shall expire upon the sale, transfer, or lease of the property to a new owner or tenant.
      (2)   Size. Home occupations shall not occupy more than twenty-five percent of the total gross floor area of the principal dwelling unit.
      (3)   Operational standards.
         A.   All activities associated with the home occupation shall be conducted within the principal dwelling or an accessory structure. No outside activity or operations shall be permitted.
         B.   No equipment shall be used that creates a nuisance due to noise, odor, glare, vibrations, or electrical interference.
         C.   Home occupations shall be subject to the performance standards, including noise standards, set forth in Section 1207.10.
         D.   Home occupations shall be subject to the provisions and standards set forth in Section 1207.11, Adequate Public Facilities.
      (4)   Outdoor storage and exterior appearances.
         A.   No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed.
         B.   No outdoor storage of materials or equipment in conjunction with the home occupation shall be permitted.
         C.   All equipment, supplies, stock material and trailers used for landscaping, lawn maintenance or related businesses shall be parked or stored only within enclosed buildings separated by fifty feet from any property line of a residentially zoned lot.
      (5)   Employees. Not more than one person who is not a resident of the dwelling unit may be employed in the home occupation.
      (6)   Parking.
         A.   A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation, but in no case shall provide more than two additional off-street parking spaces.
         B.   Required off-street parking to serve a home occupation shall not be permitted in the front yard of the dwelling, other than in a driveway.
         C.   To the maximum extent feasible, side yard areas shall not be converted to off-street parking areas to serve a home occupation.
      (7)   Personal and professional services. Personal and professional services shall be provided on an appointment-only basis.
      (8)   Prohibited home occupations as accessory uses. The following uses and activities shall not be permitted or conducted as a home occupation:
         A.   Bed and breakfast inns;
         B.   Funeral homes;
         C.   Lodging;
         D.   Restaurants;
         E.   Retail sales and services;
         F.   Vehicle or equipment sales, rental, or repair; or
         G.   Veterinary facilities and/or small animal clinics or kennels.
   (f)   Swimming Pools. Swimming pools, spas, and hot tubs, may be allowed as an accessory use subject to the following conditions:
      (1)   Placement. Swimming pools, spas, and hot tubs shall be placed only to the rear of the main mass of the principal structure. On residential lots, the pool shall be placed no closer than fifteen feet to the side or rear lot line. On corner residential lots, the pool shall be no closer than fifty feet to the side lot line.
      (2)   Height. No swimming pool shall have a height above grade greater than fifty-two inches (as measured at a distance of six inches from the side of the pool). The height of any pool appurtenances shall not be greater than three feet above the top of the pool. The combined height above the ground of any swimming pool plus appurtenances shall not exceed six feet at any point.
      (3)   Enclosure/fencing.
         A.   All swimming pools shall be completely surrounded by a fence or wall not less than four feet in height (measured from finished grade level), which shall be so constructed as not to have openings, holes, or gaps larger than four inches wide except for doors and gates and shall be installed prior to the swimming pool being filled with water. A principal or accessory building may be used as part of such enclosure.
         B.   All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped.
         C.   A portable spa may be secured by the use of a rigid safety cover with a locked top, in lieu of a fence or wall. A portable spa is defined as a non-permanent structure intended for recreational bathing, for which all controls, water heating, and water circulating equipment are an integral part of the product.
      (4)   Screening. All swimming pools shall be screened by material of sufficient density to obscure its view from adjacent dwellings and/or public streets. Screening shall be placed no closer to the side of the pool than seventy-two inches.
      (5)   Illumination. All illumination for the pool or surrounding area must be directed entirely onto the pool area and must not shine onto adjacent properties or streets. (See Section 1207.14 , Exterior Lighting.)
      (6)   Drainage. Discharge of any water from a swimming pool shall be onto the property where the pool is located or into the nearest storm sewer. The discharge shall not flow onto, through, or otherwise affect adjacent properties.
      (7)   Other regulations. The construction and operation of swimming pools shall meet all other applicable county and state regulations.
   (g)   Parking of Trucks, Mobile Homes, Recreational Vehicles and Equipment, and Motor Vehicles.
      (1)   The parking or storage of inoperable, abandoned, or unlicensed motor vehicles is prohibited outdoors in all districts. See Section 1207.12(g). The parking, storage or placement of mobile homes is prohibited in all districts, except by permission of City Council pursuant to Section 1206.04(b)(4).
      (2)   No truck shall be parked overnight or stored in any district, except for Districts 6 and 8, unless in an enclosed structure. No truck or bus shall be parked during daylight hours in any district, except Districts 6 and 8, unless for deliveries.
      (3)   Recreational vehicles and equipment shall not be parked or stored on a lot in any zone district for more than three calendar days in any calendar month, regardless of the actual length of time that the recreational vehicle or equipment is parked or stored on the lot in any one calendar day. The parking or storage shall only be for the purpose of cleaning, loading and repairing such recreational vehicle or equipment before or after it has been used.
      (4)   Recreational vehicles and equipment, shall have no fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall they be used for dwelling, business, or commercial purposes or for any accessory uses in any zone district.
      (5)   Recreational vehicles and equipment may be parked or stored in any zone district within an enclosed structure or, if parked or stored outside all of the following requirements shall be satisfied:
         A.   The vehicle or equipment may be parked no closer to the street than the front wall of the dwelling. On a corner lot this restriction applies to the distance from the side street also. Bufferyard C, as defined in Section 1207.04 shall be installed.
         B.   Not more than one recreational vehicle or one piece of recreational equipment per premises may be so parked.
         C.   Screening material of sufficient density to obscure recreational vehicles and equipment from adjacent dwelling and/or public or private streets shall be provided.
         D.   The vehicle or equipment shall be parked no closer than three feet from any property line.
      (6)   Parking of any recreational vehicles and equipment, shall only be allowed in the side or rear yards of a lot on which exists a single-family or duplex dwelling.
      (7)   Parking of more than one recreational vehicle or one piece of recreational equipment and/or more than five cars in any yard area of a lot on which exists a single-family or duplex dwelling shall be prohibited.
      (8)   Allowance of one utility trailer subject to the restrictions of division (g)(5)A. through D. of this section.
(Ord. 16-44, § 5.  Passed 7-19-16; Ord. 18-93.  Passed 10-15-19.)