(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACCESSORY USE or STRUCTURE. A use or structure subordinate to and serving the principal use or structure on the same lot and used for purposes customarily incidental to those of the main use.
(2) ACCESSORY GARAGE. A larger typically detached building constructed for the purpose of storing vehicles or similar or related equipment. ACCESSORY GARAGES and structures greater than 120 square feet require a building permit.
(3) STORAGE or TOOL SHED. A one-story accessory building that is less than 120 square feet and used primarily for storage. A shed 120 square feet or less does not require a building permit unless they are permanently affixed to the ground, however a zoning compliance permit must be obtained. The requirements of this section do not apply to domesticated animal enclosures (doghouses) or children's playhouses, provided such structures are less than 25 square feet and five feet in height. However, domesticated animal enclosures or children's playhouses shall not be placed in the required front yards, shall not be placed closer than ten feet to any property line and shall not be permitted in existing utility and drainage easements
(4) PERMANENT HARD SURFACE FLOOR. Shall mean only non-aggregate impervious concrete or asphalt so as to prevent chemicals or other liquids from leaching into the ground.
(B) Requirements and regulations. Accessory uses and structures shall comply with the following standards and all other applicable regulations of this chapter.
(1) No accessory building, use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.
(2) The accessory use or structure shall be incidental to and customarily associated with the principal use or structure.
(3) The accessory use or structure shall be subordinate in area, extent, size and purpose to the principal use or structure served.
(4) The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. In no case shall an accessory structure be utilized as an independent residence, either permanently or temporarily.
(5) The accessory use or structure shall be located on the same zoning lot as the principal use or structure, except for accessory off-street parking and loading facilities, subject to the provisions of this chapter.
(6) The accessory use or structure shall not be injurious to the use and enjoyment of surrounding properties.
(7) The accessory use or structure shall not be permitted on any utility or drainage easement.
(8) One storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings.
(9) An accessory use or structure shall be considered as an integral part of the principal building if it is located six feet or less from the principal building and shall comply in all respects with the requirements of this chapter applicable to the main building.
(10) The exterior design and color shall be the same or compatible with that of the principal building or be of earthen tone and in character with the surrounding built environment. Compatible means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause a difference to a degree to cause incongruity or a nuisance.
(11) In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, half the width of such alley may be included as rear yard depth, provided that the rear yard depth actually on the lot shall not be reduced to less than ten feet by the application of this exception.
(12) Unless mounted on a trailer or equipped with wheels, ice fishing houses or other such structures used or designed to be used as temporary shelters shall be considered accessory buildings and shall be subject to the setback, square footage and other regulations of this chapter.
(13) An accessory use or structure shall have a permanent hard surfaced floor.
(C) Residential districts. Standards for accessory buildings and structures in residential districts are as follows:
(1) Accessory buildings and structures size in residential districts shall be as follows:
Parcel Size | Total Square Footage | Max. Individual Building Size |
Parcel Size | Total Square Footage | Max. Individual Building Size |
0 - 1/2 acre | 800 square feet | 800 square feet |
1/2 - 1 acre | 1,000 square feet | 1,000 square feet |
1 - 2 acres | 1,250 square feet | 1,250 square feet |
2 - 3 acres | 1,500 square feet | 1,250 square feet |
3 - 4 acres | 1,750 square feet | 1,250 square feet |
4 - 5 acres | 2,000 square feet | 1,250 square feet |
5 - 6 acres | 2,250 square feet | 1,500 square feet |
6 - 7 acres | 2,500 square feet | 2,500 square feet |
7 - 8 acres | 2,750 square feet | 2,500 square feet |
8 - 9 acres | 3,000 square feet | 2,500 square feet |
9 - 10 acres | 3,250 square feet | 2,500 square feet |
(2) The accessory building or structure shall not exceed the height of the principal building structure or the average grade to peak height of 20 feet, whichever is less.
(3) Storage or tool sheds may encroach on side or rear yard setbacks, except in the case of a side yard of a corner lot abutting a public street. When encroachment into required side or rear yard setbacks is allowed, such storage or tool sheds shall be setback at least five from all adjoining lots. Storage or tool sheds shall not be located within any utility or drainage easement.
(4) Accessory structures or accessory garages shall conform to all applicable setback and lot coverage requirements for principal buildings.
(D) Commercial or industrial districts. Standards for accessory buildings and structures in commercial and industrial districts are as follows:
(1) No accessory building or structure shall exceed the height of the principal building accept by conditional use permit.
(2) Accessory buildings may be located any place to the rear of the principal building subject to the building code and the fire zone regulations, except where prohibited by other sections of this chapter.
(3) Accessory buildings shall conform to all applicable setback and lot coverage requirements for principal buildings.
(E) Nonconforming accessory uses and structures.
(1) No use or structure that is accessory to a principle nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all regulations of the zoning district in which it is located.
(2) The burden of establishing that any non-conformity is lawfully existing under the provisions of this section shall, in all cases, be upon the owner of the nonconforming property and not upon the city.
(Ord. passed 2-29-1996; Am. Ord. 2006-201, passed 10-12-2006; Am. Ord. 2007-215, passed 10-29-2007)