Accessory uses are permitted in any zoning district in accordance with the following regulations.
(A) An accessory building, structure or use is a permanent building, structure or use on the same lot or site with, of a nature customarily incidental and subordinate to and of a character related to the principal use or structure. An accessory building, structure or use is one intended for permanent location and is generally not used for shipping or repeated transport. A portable on demand storage unit (POD) is a mobile shipping container primarily used for storage and intended for temporary use. A POD is generally intended for repeated, mobile transport.
(B) Accessory uses to single-family, two-family and multi-family dwellings may not include commercial uses, except as permitted as home occupations in § 153.010 of this code or for multi-family dwellings, as allowed by the Board of Adjustment in accordance with the provisions of § 153.062 of this code.
(C) Residences for watchmen and caretakers are permitted accessory uses to research and industrial uses.
(D) No accessory building shall exceed 35 feet in height, nor shall any accessory building exceed the principal building in height. No accessory building shall exceed 1,500 square feet in area, or 20% of the area of the principal building, whichever is less.
(E) An accessory building sharing one or more common walls with the principal building shall be considered part of the principal building for purposes of this chapter and must meet all yard requirements applied to the principal building.
(F) No detached accessory building shall be located closer than ten feet to any other building or mobile home.
(G) Accessory buildings or recreational structures or uses may be located in the rear yard, or may be located in the buildable area on the side of a structure, but the side yard shall not be encroached upon.
(H) No accessory building or recreational structure or use may extend within three feet of a lot line, nor within 20 feet of a street right-of-way line.
(I) Recreational uses and buildings accessory to apartment complexes shall be in accordance with § 153.062 of this code.
(J) Fences and walls are permitted as accessory uses provided that they comply with the following.
(1) For the purposes of this section, a fence is a barrier composed of wire, wood, metal, plastic or a similar material and a wall is a barrier composed of brick, stone, rock, concrete block or a similar masonry material.
(2) Fences may not exceed seven feet in height, except that in commercial and industrial districts a fence may not exceed ten feet in height. Fences greater than seven feet in height shall be of an open type similar to woven wire or wrought iron. Fences and walls may exceed the height requirements of this section if required or specifically authorized in another section of this chapter.
(3) Fences and walls are exempt from the setback requirements of this chapter.
(4) No fence or wall shall impede vision as regulated in § 153.015 of this code.
(5) Fences, if replaced, shall meet the requirements of this section.
(K) Satellite dish antennas (earth stations) are permitted as an accessory use or structure to any principal use or structure so long as they are not greater than 40 inches in diameter in any residential district or greater than 80 inches in diameter in any non-residential district. Satellite dish antennas that are greater than 40 inches in diameter in any residential district or greater than 80 inches in diameter in any non-residential district are permitted as an accessory use or structure provided that they comply with the following regulations. These standards shall not be interpreted or enforced in any manner contrary to federal or state law.
(1) General requirements.
(a) A building permit is required when installing, moving or substantially constructing or reconstructing a dish antenna.
(b) A dish antenna must be installed in compliance with the manufacturer’s specifications as a minimum.
(c) In all residential districts, dish antennas must be installed on the ground.
(d) In commercial and industrial districts, dish antennas may either be installed on the ground or on the roof of the building. If installed on the roof, the dish shall not be larger than 12 feet in diameter, shall not project higher than ten feet above the maximum building height of the zoning district or more than one-third the actual building height above the roof, whichever is less, shall be set back from the front and sides of the building at least 18 feet, and shall not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck only if the location is at the rear or side of the building and all other requirements are met.
(e) A dish antenna may be attached to an accessory building which is permanently secured to the ground, but may not be attached to the principal building except as provided for in division (K)(1)(d) above.
(f) If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer or flat black. The paint must have a dull (nonglossy) finish and no patterns, lettering or numerals shall be permitted on either side of the dish surface.
(g) No dish antenna shall be installed in any public right-of-way or in any drainage or utility easement.
(2) Location in yards.
(a) A dish antenna shall be installed in the rear or side yard only, in all districts except as provided for in divisions (K)(1)(d) and (K)(2)(b) above.
(b) In commercial districts only, a dealer selling dish antennas may have a maximum of one antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in the front yard or side yard, his or her permissible sign area shall be reduced by one-half.
(3) Setback requirements.
(a) The minimum required setback for dish antennas from the side lot line shall be the same as for the principal building except on corner lots. On the side abutting the street, the minimum required setback shall be the side yard setback requirement plus ten feet.
(b) The minimum required setback for dish antennas from the rear lot line shall be 11 feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the antenna come closer than five feet to the property line.
(c) In districts where there are no side or rear yard requirements, a minimum setback of 11 feet from the side and rear lot lines shall be required of dish antennas, but in no case shall any part of the antenna come closer than five feet to the property line.
(d) In all cases, no dish antenna shall be located within 15 feet of any street right-of-way.
(4) Maximum height requirements.
(a) In all residential districts, the maximum height of dish antennas shall be 15 feet or the height of the principal building, whichever is less.
(b) In commercial and industrial districts, the maximum height of dish antennas installed on the ground shall be 20 feet. Dish antennas mounted on the roof of a building shall not project higher than ten feet above the maximum building height.
(L) In addition to complying with the requirements provided in this section, a person may place not more than one POD on an individual lot. Notwithstanding division (G) above, a POD may be placed in the driveway of the individual lot so long as it is not placed directly in front of the primary structure. Before placing a POD on an individual lot, the owner(s) of the property must apply for and receive a permit from the town authorizing the placement of the POD at that location. No more than one permit shall be issued per individual lot. The permit fee shall be $15. The permit shall authorize the placement of the POD for not more than 180 days. No permit shall be issued authorizing renewal beyond the 180-day period. Any POD not authorized by this section shall be a nonconforming use in violation of this chapter.
(M) Solar collection systems are permitted as an accessory use provided that they comply with the following regulations.
(1) No freestanding solar panels shall be permitted within the town.
(2) Roof-mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located. The panels shall not be located within three feet of any peak, eave or valley of the roof to maintain pathways of accessibility.
(3) Systems located on the roof shall provide design review and structural certification if the slope of the panel differs from the roof pitch. All panels on commercial roofs shall provide this information regardless of slopes, as well as any residential roof with greater than 50% coverage.
(4) The manufacturers’ or installers’ identification and appropriate warning sign shall be posted on or near the panels in a clearly visible manner.
(5) No solar collection system shall be installed until evidence has been given to the town’s Code Enforcement Office that the electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator, if applicable. Off-grid systems shall be exempt from this requirement.
(6) Any panels installed to be used by someone other than the owner of the property shall provide an affidavit or evidence of agreement between the lot owner and facility’s owner or operator confirming the facility owner or operator has permission of the property owner to install and utilize solar panels.
(7) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
(8) In addition to the requirements listed above, all panels must adhere to all local, state and federal requirements regulating solar collection systems.
(9) Solar collection systems shall not be used for displaying any advertising, except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(10) The design of solar collection systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(11) The following shall be met for decommissioning: solar collection systems which have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(Ord. 21- , passed - -2021)