(A) Authorization: Subject to the limitations of this section, and except as limited by the regulations of the district where located, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within that district.
(B) Definition: An accessory structure or use is as defined in § 159-9.200 of this chapter.
(C) Location Of Accessory Structures:
(1) Accessory structures may not be located in the required front yard.
(2) Accessory structures may not be located in any side or rear yard, except as expressly provided otherwise in this chapter.
(3) When an alley exists, no part of an accessory building may be located closer than 6 feet to the right-of-way line of the alley.
(4) 1 accessory building shall be allowed in the E, SE, and S Districts, and 2 accessory buildings will be allowed in all other zoning districts.
(a) Maximum Size On Lots Less Than 40,000 Square Feet. On parcels of land or lots having an area of less than 40,000 square feet, the maximum cumulative size of accessory buildings is 675 square feet.
(b) Maximum Size On Lots Of 40,000 Square Feet Or More. On parcels of land or lots having an area of 40,000 square feet or more, the maximum size of accessory buildings is 900 square feet. However, 2 accessory buildings will be permitted provided the total aggregate floor area of both buildings does not exceed 900 square feet.
(c) Required Minimum Distance Of A Detached Accessory Building From Principal Structure. For properties located within residential zoning districts, no part of an accessory building or structure may be located closer than 6 feet to any other building or structure, whether accessory or principal, except for a fence or at-grade improvement; provided, however, that the Village may require a structure to be located further from another structure if necessary for emergency and/or maintenance purposes or if the structure's location might create a fire or safety hazard.
(d) Required Minimum Distance Of An Attached Accessory Building To A Detached Accessory Building. For properties located within non-residential zoning districts, no part of an accessory building or structure may be located closer than 12 feet to any other building or structure, whether principal or accessory, except for a fence or at-grade improvement; provided, however, that the Village may require a structure to be located further from another structure if necessary for emergency and/or maintenance purposes or if the structure's location might create a fire or safety hazard.
(e) Minimum Required Setbacks.
1. Accessory buildings less than 675 square feet must have a minimum side yard setback of 6 feet.
2. In the R-1 District, accessory buildings less than 675 square feet must have a minimum side yard of 3 feet and rear yard setback of 6 feet. However, accessory buildings shall not be placed within any easement.
3. Except in the R-1 District, accessory buildings less than 675 square feet have a minimum side and rear yard setback of 6 feet.
4. Accessory buildings greater than 675 square feet must have side and rear yard setbacks the same as those of the principal structure.
5. No accessory building or accessory structure may be located closer than 1 foot to any easement and no accessory building may be placed within any easement (excluding permitted fences).
6. See division 159-3.201(G) of this chapter for exceptions to required setbacks.
7. Attached accessory buildings or structures (which require the use of a structural support system independent of the principal building or principal structure to which it is attached) are considered as principal buildings or principal structures required to meet all required front yard, side yard, or rear yard setbacks.
(5) On lots zoned within a residential zoning district in the Lindenhurst Estates and Lindenhurst Estates 1st Addition subdivisions, 1 detached garage may be built and maintained in the front yard of any zoning lot provided that the following criteria area met.
(a) That there is no other garage located on the zoning lot.
(b) That the front yard minimum setback required for the detached garage is 50 feet.
(c) That the garage be no closer than 12 feet at any point to the principal building on the zoning lot.
(d) That the garage be of a similar architectural style to the residence on the zoning lot and be constructed of similar material.
(e) That the garage be:
1. No more than 1 story in height with a maximum roof height of 15.5 feet;
2. A minimum size of 12 feet by 24 feet and a maximum garage size of 675 square feet; and
3. Constructed no closer to the side lot line than the principal building.
(f) That there is no outside storage of any kind in the front yard visible from Grand Avenue.
(g) That all other provisions of the Village ordinance applicable to the construction of an attached garage be complied with.
(D) Time Of Construction For Accessory Buildings And Structures: No accessory building, accessory structure, or accessory use may be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
(E) Height Of Accessory Buildings Or Structures In Required Rear Yards: No accessory building or structure, or portion thereof, located in a required rear yard may exceed the maximum permitted accessory building or accessory structure height of the zoning district in which the accessory building or structure is located except as allowed and provided for under the provisions of § 159-3.201 of this chapter.
(F) No Slab Required For Accessory Buildings Of 150 Square Feet Or Less In Area: Accessory buildings of 150 square feet or less in area (excluding trash and garbage waste receptacles, or dumpsters, in the R-2, R-3, and all nonresidential zoning districts) do not require a concrete slab foundation. If a concrete slab foundation is not provided for such accessory building, the flooring must be constructed of decay resistant wood and the building must be securely anchored to the ground.
(Ord. 17-2-2065, passed 2-27-2017; Am. Ord. 21-8-2205, passed 8-23-2021)