§ 156.023 ACCESSORY STRUCTURES AND USES PERMITTED AS ENCROACHMENTS.

   (A)   The Table 156.023 below indicates accessory structures or uses permitted to be located as encroachments in various yards. Where a structure or use proposed to be located as an encroachment on a property within the city is not specified in Table 156.023 below, the Zoning Administrator shall make a determination as to whether such structure or use is substantially similar to one listed in the table, based on information provided by an applicant for zoning approval.

   (B)   The letter "P" in the Table 156.023 below, under "Required Yard", denotes that an accessory structure or use is a permitted encroachment. Wherever, in the tables under "Required Yard", the letter "P" is not found, the specified encroachment shall not be permitted.

   (C)   An encroachment shall only be permitted when it adheres to the standards and criteria set forth in this section.

   (D)   Table 156.023 of permitted encroachments.

PERMITTED ENCROACHMENTS
Type of Encroachment	Required Yard
	Front	Corner Side	Interior Side	Rear
Air conditioning condensers	-	P	P	P
Arbors and trellises	P	P	P	P
Architectural elements and other appurtenances projecting 30 inches or less into the yard, including but not limited to, bay windows, overhanging eaves, gutters, awnings, canopies and chimneys	P	P	P	P
Balcony, provided it is no closer than five feet from property lines	P	P	P	P
Buildings used for farming	-	-	P	P
Deck, unroofed and not more than four feet above the average level of the adjoining ground, provided it is no closer than five feet from property lines	-	-	P	P
Deck, roofed or unroofed, greater than four feet above the average level of the adjoining ground, provided it is within the bulk standard building envelope	-	-	-	P
Dog run and doghouse	-	-	-	P
Fences	P	P	P	P
Fireplace, permanent and outdoor	-	-	P	P
Flag poles	P	P	P	P
Gazebo or pergola	-	-	-	P
Generators	-	-	P	P
Hot tubs	-	-	-	P
Landscape features, e.g., raised planter beds, retaining walls	P	P	P	P
Laundry drying equipment (residential)	-	-	P	P
Outdoor area for restaurant and/or bar	-	-	P	P
Outdoor permanent kitchens/grilling stations	-	-	P	P
Outdoor storage of firewood for a wood-burning stove or fireplace on the lot	-	-	P	P
Patio	-	P	P	P
Porch at grade	P	P	P	P
Private, freestanding earth stations and antenna towers	-	-	-	P
Private earth stations and antenna towers that are directly attached to the principal structure	-	-	P	P
Private garages and carports, attached	-	-	-	-
Private garages and carports, detached	-	-	P	P
Recreational equipment (permanent), including a child's playhouse, swing set or playground. (Basketball hoops are permitted in all yards.)	-	P	P	P
Sheds	-	-	P	P
Signs, located at least five feet from all property lines	P	P	P	P
Steps, four feet or less above grade, which are necessary for access to a permitted structure, or access to a lot from a street or alley	P	P	P	P
Steps and/or stoops exceeding four feet above grade, when necessary for access and the property affords no alternative location or arrangement for conformity	P	P	P	P
Stoop/entryway, not more than four feet above grade	P	P	P	P
Swimming pools	-	-	-	P
Temporary use of mobile storage units on residential zoning lots, when used accessory to a move, a remodeling or construction project	P	P	P	P
Temporary use of cargo containers on nonresidential zoning lots, when used accessory to a move, a remodeling or construction project	-	-	P	P
Patio and Porch Encroachments in the R-O Heritage Residential Zoning District
Patio, when located in R-O Heritage Residential Zoning District	P	P	P	P
Porch above grade, when located in R-O Heritage Residential Zoning District	P	P	P	P
Porch at grade, when located in R-O Heritage Residential Zoning District	P	P	P	P

 

   (E)   General and bulk regulations for accessory structures and uses permitted as encroachments. All accessory structures and uses shall observe the bulk regulations of the district in which they are located and conform with the following regulations.

      (1)   General regulations.

         (a)   Applicable zoning regulations. When the wall of any accessory structure or use is part of, or joined to, the wall of any principal building or structure, including attached garages and carports, it shall comply with all the zoning district regulations applicable to the principal building or structure, unless stated otherwise elsewhere in this chapter.

         (b)   Setbacks. No detached accessory structure shall be located closer to the front lot line than the front elevations of the principal building on the lot, except for accessory structures permitted in the front yard as indicated in Table 156.023.

         (c)   Easements. Accessory structures are prohibited from being constructed, occupied or established on any easement, with the following exceptions:

            1.   Fences may be located on or over easements, provided the fence does not inhibit or alter drainage over public utility and drainage easements. Removal of such structure shall be required if needed by a public agency to access any portion of the easement.

            2.   Fences shall not be located on or over lowlands maintenance easements.

            3.   Accessory structures may be placed on or over private utility easements with written consent from all utility companies having rights to the easement.

         (d)   Vision triangle. No accessory structure shall be located within a vision triangle, except fences as permitted in this chapter.

      (2)   Bulk regulations.

         (a)   Height.

            1.   All accessory buildings and structures shall comply with the height limitations of the zoning district in which they are located, unless otherwise provided for in this section.

            2.   No detached accessory structure shall be taller than the principal structure, unless otherwise provided for in this section.

            3.   Sheds, carports, gazebos, pergolas, or similar structures shall not exceed 15 feet in height.

            4.   Detached garages shall not exceed the height of a single story of the exterior elevation of the principal structure on the lot, and shall maintain roof pitches consistent with, or lower in slope than, the principal structure, provided that the total height of the structure is not taller than the principal structure.

            5.   Private antenna towers shall not exceed 50 feet above grade.

         (b)   Required yards for accessory structures.

            1.   Attached accessory structures. When the wall of any accessory structure or use is part of, or joined to, the wall of any principal building or structure, it shall comply with required yard regulations for the district in which it is located, as governed by § 156.073, Bulk Regulations.

            2.   Detached accessory structures.

               a.   All detached accessory structures shall comply with the following yard requirements, unless otherwise provided for in this section:

                  i.   Minimum rear yard: five feet.

                  ii.   Minimum side yard: three feet.

               b.   Fences shall comply with § 156.024(E) below and all other relevant requirements of the city code.

               c.   Swimming pools, and any decks attached thereto, shall be located a minimum of six feet from any property line.

               d.   Hot tubs shall be located a minimum of six feet from any fence or property line.

               e.   Freestanding towers or antenna structures that are unattached to the principal structure shall not be located closer to the lot line than the total height of the tower or antenna structure, and must be properly guyed entirely within the property limits.

               f.   Detached permanent fireplaces, and temporary fire pits and open fire pits that are located outdoors shall be at least ten feet from all property lines and structures, and meet all other relevant standards of the city code.

               g.   Cargo containers may be located up to, but not over, property lines and shall conform to time limits and other requirements per § 156.026 of this chapter.

               h.   Freestanding gazebos and pergolas shall be a minimum of five feet from the principal structure, ten feet from the rear lot line, five feet from the interior side lot line and five feet from other accessory structures. Gazebos and pergolas shall comply with § 156.024(D) Regulations for swimming pools below and all other relevant requirements of the city code.

         (c)   Building separation.

            1.   Detached accessory structures (including permanent outdoor fireplaces) shall be located a minimum of ten feet from any principal structure, or from any accessory building or structures that is part of, or joined to, the wall of any principal building or structure on the lot, with the following exceptions.

               a.   Sheds may be located less than the ten-foot-separation requirement stated above, when the structure meets or exceeds the city's building code standards for attached garages concerning fire protection rating, footing and foundation.

               b.   The following accessory structures or uses need not adhere to the ten-foot-separation requirement stated above: dog run or dog house, fences and walls, freestanding gazebos and pergolas, hot tubs, permanent recreational equipment, outdoor storage of firewood for a wood-burning stove or fireplace, private earth stations and antenna towers, micro-pantry or mini-library, and cargo containers.

            2.   Required building separation. Permitted yard encroachments may be located within the required building separation requirements contained in § 156.073, Bulk Regulations. Other accessory structures shall not be located in the required building separation.

         (d)   Lot coverage and impervious surface coverage. All accessory structures shall comply with maximum lot coverage and maximum impervious surface coverage regulations for the district in which they are located, as contained in § 156.073, Bulk Regulations.

   (F)   Bulk regulations for specific accessory structures and permitted encroachments in the R-O Heritage Residential and R-1 Residential Districts.

      (1)   Patio. When located in the front yard of a property zoned R-O Heritage Residential, a patio shall not exceed 200 square feet, and shall maintain a minimum setback of ten feet from property lines.

      (2)   Porch at grade. When located in the front yard of a property zoned R-O Heritage and R-1 Residential Districts, a porch shall adhere to the following regulations.

         (a)   The porch must be designed with a roof, open sides and an open front; the porch may not be enclosed. It shall be integrated with the principal structure, and materials used shall be consistent with the materials used on the principal structure.

         (b)   The porch will not negatively impact surrounding properties and is in character with those properties and the neighborhood.

         (c)   The porch will not create unsafe conditions, including maintaining a clear vision triangle on corner lots.

         (d)   There is not sufficient space on the lot to construct the porch outside the required yards.

         (e)   In the R-O Heritage Residential District, the porch shall maintain a minimum setback of 20 feet from property lines. If the principal structure is nonconforming with respect to the required front yard, the Zoning Administrator may administratively reduce the setback from property lines to ten feet. To grant the reduced setback, the setback of adjacent properties will be evaluated.

         (f)   In the R-1 Residential District, porches may encroach into required front yards by 20% of the building setback to a maximum of six feet.

         (g)   Additional or more restrictive standards may be imposed to protect the character of a neighborhood, and to protect the safety and welfare of the community.

      (3)   Porch above grade. When located in the front yard of a property zoned R-O Heritage Residential and R-1 Residential Districts, an above-grade porch shall adhere to the following regulations.

         (a)   The porch cannot exceed four feet above grade, unless it would not allow access into the residence.

         (b)   The design of the porch must be of open design and not enclosed, must be integrated with the principal structure, and the materials used must be consistent with the materials used on the principal structure.

         (c)   The porch will not negatively impact surrounding properties and is in character with those properties and the neighborhood.

         (d)   The porch will not create unsafe conditions, including maintaining a clear vision triangle on corner lots.

         (e)   There is not sufficient space on the lot to construct the porch outside the required yards.

         (f)   In the R-O Heritage Residential District, the porch shall maintain a minimum setback of 20 feet from property lines. If the principal structure is nonconforming with respect to the required front yard, the Zoning Administrator may administratively reduce the setback from property lines to ten feet. To grant the reduced setback, the setback of adjacent properties will be evaluated, and the porch should not extend more than five feet beyond the facade of the adjacent residences.

         (g)   In the R-1 Residential District, porches may encroach into required front yards by 20% of the building setback to a maximum of six feet.

         (h)   Additional or more restrictive standards may be imposed to protect the character of a neighborhood, and to protect the safety and welfare of the community.

(Ord. 21-016, passed 8-18-21; Am. Ord. 21-031, passed 10-20-21; Am. Ord. 23-006, 3-16-23; Am. Ord. 24-002, passed 2-21-24)