Accessory buildings and structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:
(a) General Standards.
(1) Accessory buildings, structures and uses are permitted only in connection with, incidental to and on the same lot with, a principal building, structure or use which is permitted in the particular zoning district. An accessory building, structure or use must be in the same zoning district as the principal building, structure or use on a lot.
(2) No accessory building, structure or use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized. No accessory building, structure or use may be placed on a lot without a principal building, structure or use.
(3) Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this Zoning Code applicable to main or principal buildings.
(4) An accessory building shall be located in the rear yard except when structurally attached to the main building.
(5) All accessory buildings, structures and uses combined shall cover no more than fifty percent (50%) of any rear yard, subject to setback, lot coverage and other standards of this Zoning Code. Accessory buildings shall not be erected in any required yard, except in a rear yard, except that accessory buildings, structures and uses may be erected in any required side yard when set back a minimum of seventy- five (75) feet from the front lot line. No accessory building, structure or use shall be erected in any yard with public street right-of-way frontage, including all such sides of a corner lot. In no instance shall such a building be nearer than three (3) feet to any adjoining lot line, except that on a corner lot the entrance to a garage shall not be less than eight (8) feet from the lot line adjacent to the side street, except as provided in paragraph (a)(9) hereof and subsection (b) hereof.
(6) An accessory building, not exceeding one (1) story or sixteen (16) feet in height, measured from grade to the highest roof beams of a flat roof and to the ridge line for mansard, gable, hip and gambrel roofs, may occupy not more than twenty-five percent (25%) of a required rear yard, plus forty percent (40%) of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the building.
(Res. 07-365A. Passed 11-5-07.)
(7) No detached accessory building shall be located closer than ten (10) feet to any main or principal building, nor shall it be located closer than three (3) feet from any side or rear lot line or public street right-of-way.
(8) In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on such streets in the same block or adjacent blocks.
(9) In the case of an accessory building located in the rear yard on a corner lot, the side lot line of which is substantially a continuation of the required front yard setback of the lot to its rear, such accessory building shall be set back from the street side at least as far as the required front yard setback of the lot at the rear of the subject corner lot.
(10) The total area occupied by a detached accessory building, other than a garage on the lot, shall not exceed one-hundred-fifty (150) square feet. No accessory building may be closer than four (4) feet to any other accessory building.
(11) No detached accessory building or structure shall be occupied for residential purposes or used as habitable space. Sleeping, eating, cooking or office uses shall not be permitted in detached accessory structures or buildings.
(Res. 07-365A. Passed 11-5-07.)
(b) Garages. In any Residential District, no garage shall be erected closer to the side lot line than the permitted distance for the dwelling, unless the garage is completely to the rear of the dwelling, in which event the garage may be erected three (3) feet from any interior side lot line. No garage or portion thereof shall extend into the required front yard area. Attached garages of fireproof construction may be erected to extend beyond the front line of the house in those areas which are being developed according to a common plan that includes the construction of attached garages extending beyond the front line of the house, provided that such garages shall not encroach in or upon the minimum front yard area as required by this Zoning Code, and provided, further, that the cornice, eaves or overhang shall not extend more than six (6) inches into the required front or side yard area. No garage, utility building or accessory building shall be constructed upon or moved to any parcel of property until the principal building thereon, or intended to be placed thereon, is at least two-thirds (2/3) completed.
(c) Swimming Pools, Spas, and Hot Tubs.
(1) Swimming pools, spas, hot tubs, or similar devices (below ground or above ground) which contain twenty-four (24) inches or more of water in depth at any point, shall be enclosed by a solid or impervious fence or enclosure approved by the Building Superintendent, surrounding the device sufficient to make such device inaccessible to small children. Such fence or enclosure, including the gates, shall not be less than four (4) feet or greater than six (6) feet above grade. All gates shall be self-latching with latches placed no less than four (4) feet above grade or otherwise made inaccessible from the outside to small children.
(2) For swimming pools, spas, hot tubs, and similar devices in excess of two (2) feet above grade, the edge of such pool shall be a minimum of six (6) feet from any lot line. Such devices two (2) feet or less above grade shall not be located less than four (4) feet from any lot line. No such devices shall be located in any front yard.
(d) Mechanical Equipment. Mechanical equipment, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than three (3) feet to any lot line in any business district, and not closer than twelve (12) feet to any lot line in all other districts.
(e) Flagpoles. Flagpoles in Single Family Residential Districts shall not exceed forty (40) feet in height and may be illuminated, provided the source of illumination is designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse effects on motorist visibility on adjacent rights-of-way.
Flagpoles in other than Single Family Residential Districts shall not exceed one-hundred (100) feet in height and may be illuminated, provided the source of illumination is designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse effects on motorist visibility on adjacent rights-of-way.
(Res. 98-340A. Passed 9-21-98.)