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(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
(A) When permitted. Emergency temporary dwellings may be permitted upon a finding by the city that the principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable and the standards set forth herein have been met.
(B) Permit application and review.
(1) An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the Zoning Administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.
(2) The application shall be reviewed by the Zoning Administrator. Approval of the application may be granted upon a finding that all of the following conditions are met:
(a) The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable; and
(b) The temporary dwelling unit shall be connected to public sewer and water.
(3) The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval. Any conditions of approval shall be specified in writing on the permit.
(4) To guarantee compliance with the provisions of the ordinance and removal of the emergency temporary dwelling upon expiration of the permit, the Zoning Administrator may require a cash bond to be posted prior to the issuance of a permit.
(Ord. 285, passed 12-8-2003)
No single-family dwelling (site built), mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless said dwelling unit conforms to the following standards.
(A) Square footage. Each such dwelling unit shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.
(B) Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet and shall comply in all respects with the Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the State Construction Code Commission, then and in that event such federal or state standard or regulation shall apply.
(C) Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the Building Code and shall have a wall of such dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation in order to prevent displacement during windstorms.
(D) Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.
(E) Sewage disposal or water supply. Each such dwelling unit shall be connected to either public sewer and water or approved private systems.
(F) Storage area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be at least 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.
(G) Architecture and compatibility.
(1) The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator. The Zoning Administrator may also refer any determination of compatibility to the Planning Commission. Any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within 500 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.
(2) All homes shall have a roof overhang of not less than six inches on all sides. Roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling shall be provided. The dwellings shall not have less than two exterior doors with the second one being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to said door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
(H) Additions. Each such dwelling unit shall contain no addition or room or other area, which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
(I) Code compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. part 3280, and as from time to time such standards may be amended or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.
(J) Building permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Building Code provisions and requirements.
(K) Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this chapter and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the city unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this chapter.
(Ord. 285, passed 12-8-2003) Penalty, see § 154.999
(A) Permitted home occupations. The following uses shall be permitted as home occupations:
(1) Home offices for such professionals as architects, doctors, brokers, engineers, insurance agents, lawyers, Realtors, accountants, computer programmers, writers, salespersons, and similar occupations;
(2) Personal services, including barber shops, beauty parlors, manicure and pedicure shops, grooming, catering, and chauffeuring services;
(3) Music, dance, art and craft classes, tutoring, and studios for artists, sculptors, musicians, and photographers;
(4) Workshops for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, model making, cabinetry, and woodworking;
(5) Repair services, limited to watches and clocks, small appliances, instruments, computers, electronic devices, and similar small devices;
(6) Telephone answering or telemarketing; and
(7) Any other use determined by the Planning Commission to be similar to, and compatible with, the above listed uses.
(B) Prohibited home occupations. The following uses are expressly prohibited as a home occupation:
(1) Automobile truck, recreation vehicle, boat, motorcycle, or small engine repair, bump and paint shops, salvage or storage yards;
(2) Kennels or veterinary clinics;
(3) Medical or dental clinics;
(4) Retail sales of merchandise;
(5) Eating and/or drinking establishments;
(6) Undertaking and funeral homes; and
(7) Adult uses and sexually-oriented businesses.
(C) Use standards.
(1) A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25% of the floor area of the dwelling and 25% of the floor area of any accessory structure shall be devoted to a home occupation.
(2) A home occupation use shall not change the character of the residential nature of the premises, both in terms of use and appearance.
(3) A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary, or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.
(4) A home occupation shall not generate sewage or water use in excess of what is normally generated from a single-family dwelling in a residential area.
(5) No employees shall be permitted other than members of the immediate family resident in the dwelling unit.
(6) All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation.
(7) A small announcement sign not to exceed two square feet in area and attached to the front wall of the principal structure shall be permitted. All other signs are prohibited.
(8) No vehicular traffic shall be permitted for the home occupation, other than that which is normally generated for a single-dwelling unit in a residential area, both as to volume and type of vehicles.
(9) Exterior storage of equipment, accessory items, or outdoor display of any kind are prohibited in connection with a home occupation.
(10) The establishment of a home occupation shall not necessitate exterior modification, except as may be required to accommodate physically handicapped persons, or as may be required by the Building Code.
(11) Customer or client visits, and deliveries associated with the home occupation shall be limited to between the hours of 7:00 a.m. and 8:00 p.m.
(D) Permits.
(1) (a) A permit must be obtained to lawfully operate a home occupation.
(b) Application shall be made to the Zoning Administrator, who shall approve such requests which demonstrate compliance with the requirements of this section.
(c) In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein.
(2) Should a lawfully established home occupation no longer meet the conditions outlined above or other conditions stipulated for approval, a violation shall be cited against the operator of the home occupation. The operator of the home occupation shall have ten working days to correct the referenced violations. If the violations are not corrected within that time, the permit to operate the home occupation shall be revoked and all related activities must cease.
(3) Home occupation permits shall be limited to the applicant who legally resides in the residence.
(Ord. 285, passed 12-8-2003; Ord. 368, passed 6-8-2015) Penalty, see § 154.999
Essential services shall be permitted as authorized and regulated by law and other ordinances of the city. The construction of buildings associated with essential services shall be subject to the provisions of § 154.024. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.
(Ord. 285, passed 12-8-2003) Penalty, see § 154.999
(A) No permit shall be granted for the moving of buildings or structures from without or within the limits of the city to be placed on property within said limits unless the Building Official shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location, and will fully comply with the Building Code and other codes regulating public health, safety, and general welfare. A performance bond as established by the Planning Commission of sufficient amount to ensure the cost of completing the building for occupancy within a period of not less than six months from date of permit shall be furnished before permit is issued.
(B) Any building moved within a district and placed upon a foundation or any building moved into a district shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.
(Ord. 285, passed 12-8-2003)
Seasonal sales, construction offices, and other temporary uses shall require a permit from the Zoning Administrator, unless otherwise specified below, subject to the following standards and conditions.
(A) Christmas tree sales. Christmas tree sales are permitted in any business or industrial district for a period not to exceed 60 days. No yard or setback requirements apply, provided that no trees shall be displayed within 30 feet from the intersection of the curb line of any two streets.
(B) Contractor’s offices and equipment sheds. Contractor’s offices and equipment sheds, accessory to a construction project, are permitted and may continue only during the duration of such project. Such building must be removed from the construction site prior to any certificate of occupancy issued to permit occupancy of a building.
(C) Real estate sales offices. Real estate offices are permitted where they are located on-site and are incidental to a new housing development, provided that such uses continue only until the sale or lease of all dwelling units in the development. Such uses may not include sleeping or cooking accommodations unless located in the model dwelling unit.
(D) Seasonal farm produce sales. Seasonal sales of farm produce are permitted in all zoning districts. Front yard requirements are applicable to structures incidental to such sales. Structures must be removed at the end of the season during which they are used.
(E) Carnivals and circuses. Carnivals or circuses, in CBD, LS, GC, or LI districts, are permitted only for a period that does not exceed two weeks. Front yard requirements are not applicable, provided that the location of structures or equipment does not interfere with site vision lines along any public street.
(F) Garage or porch sales. Garage or porch sales shall be regulated by § 154.063.
(G) Rummage sales or special events. Where a rummage sale or special event is conducted or operated by a nonprofit or charitable organization, such rummage sale or special event shall be allowed in any district, and shall not require approval by the Zoning Administrator, provided that such use shall not exceed ten consecutive days in duration and adequate off-street parking shall be located on the lot.
(H) Temporary outdoor retail sales. All temporary outdoor retail sales, including food vendors, seasonal sales, live plants, and parking lot sales are permitted within the GC and CBD Districts, provided that such use shall not exceed 500 square feet in size, exceed ten consecutive days in duration, nor shall it occur more than four times in a calendar year on a site. Temporary outdoor retail sales shall not be conducted in the required setback area of any lot. Off-street parking shall be provided and no parking shall be permitted in the right-of-way. One parking space for each 125 square feet of floor space devoted to the temporary outdoor retail sales shall be provided.
(Ord. 285, passed 12-8-2003; Ord. 359, passed 6-8-2015) Penalty, see § 154.999
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