(A) Requirements applicable to accessory buildings and structures within residential districts.
(1) No accessory building or structure shall be built upon a lot or parcel prior to the establishment of a principal building.
(2) A building or structure not attached to a principal building shall be considered an accessory building or structure.
(3) The sum total floor area of all accessory buildings and structures shall not exceed 50% of the total floor area of all stories of the principal building. See § 154.049 for maximum lot coverage allowances.
(4) No accessory building or structure shall exceed 15 feet in height measured from finished grade to the highest point of flat roofs, to the coping line of mansard roofs, and the average height between eaves and the ridge of gable, hip, and gambrel roofs. Where the building may be situated on sloping terrain, this height shall be measured from the average level of the finished grade at the building wall.
(5) In no instance shall an accessory structure be located within a dedicated easement or right-of-way. The applicant shall be responsible for determination of the location of all applicable rights-of-way or easements.
(6) Accessory structures shall be erected only in a rear yard. If the lot is a corner lot, accessory structures shall remain behind all building lines adjacent to streets. Notwithstanding the above, for lots with direct frontage on Byram Lake, accessory structures may be erected in a front yard, provided the structure is compatible in design and appearance with the principal structure as determined by the Zoning Administrator.
(7) No accessory building or structure shall be constructed within ten feet of any other building located on the same lot or parcel.
(8) Detached accessory buildings and structures shall be located no closer than five feet to any side or rear lot line. The setback for detached accessory buildings and structures which exceed 25% of the total floor area of the principal building and 15% of the total lot area shall be increased to ten feet.
(9) The placement and use of any cargo container as an accessory building or structure is prohibited. For the purposes of this division (9), a cargo container shall be defined as a reusable vessel that was originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, which is capable of being mounted or moved by rail, truck or ship, including any other portable containers or pods used for storage with similar appearance and characteristics of cargo containers. This provision shall not apply to the temporary use of storage containers for construction activities on properties with an active building permit.
(B) Private swimming pools. Private swimming pools shall be subject to the following.
(1) No portion of the swimming pool or associated structures shall be permitted to encroach upon any right-of-way.
(2) Front yard and side yard setbacks shall comply with required setbacks specified for the zoning district wherein the pool is located. Rear yard setbacks shall be a minimum of 15 feet.
(3) All swimming pools shall be enclosed in accordance with applicable building codes.
(C) Requirements applicable to accessory buildings within all other districts. Accessory buildings shall be subject to the same placement and height requirements as principal structures in the district in which located.
(D) Amateur radio antennas, satellite dish antenna, and other similar structures. It is the intent of this section to regulate placement, size, height, and installation of satellite dish antennas in order to preserve the character, scale, and aesthetics of the city. These regulations shall apply to all satellite antenna systems used for home-earth stations by private users and also to short wave and other mass antenna arrays erected on poles and towers, irrespective of whether the same utilize supporting cables or other reinforcement.
(1) Satellite dishes one meter or less in diameter and antennas 12 feet or less in height shall not require permits from the city, but shall be subject to the following: ground-mounted antenna systems are permitted only in rear yards and are required to be set back at least five feet from any side yard line and at least ten feet from any rear yard line.
(2) It is hereby determined that satellite dishes one meter or more in diameter and antennas 12 feet or more in height are of such character that their construction, installation, and use requires the review and approval of the City Planning Commission prior to the installation thereof. Such antennas systems and structures shall be subject to the following.
(a) Applications for a permit to install an antenna system and/or structure shall be submitted to the City Zoning Administrator. Each application for such permit shall include the following:
1. Plot plan showing the location of all elements of the antenna system and of all other buildings, structures, and accessory uses on the same lot and on all lots that are abutting the proposed location;
2. Sketch or actual pictures of the elements included in the proposed antenna system;
3. Detail to indicate parts of the proposed antenna system; and
4. Statement of the visual or environmental impact on the abutting properties at the proposed location and a description of proposed screening or other measures that will minimize these impacts on abutting properties and the residents thereof.
(b) 1. The Zoning Administrator shall submit the application, together with his or her report and recommendations thereon, to the City Planning Commission.
2. The Planning Commission may grant, deny, or approve said request with conditions.
3. Denial of such a request shall be based upon a finding that the proposed installation would have a substantial detrimental effect upon one or more adjoining public or private properties or would otherwise be contrary to the public safety, health, or welfare of the residents of the city.
(c) Ground-mounted antenna systems are permitted only in rear yards and are required to be set back at least five feet from any side yard line and at least ten feet from any rear yard line.
(Ord. 285, passed 12-8-2003; Ord. 359, passed 6-8-2015; Ord. 364, passed 6-8-2015; Ord. 397, passed 12-14-2020; Ord. 399, passed 5-10-2021) Penalty, see § 154.999