(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. This definition is broadened to also include structures built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind but which are not permanently affixed to the land, such as structures built on skids and/or merely placed on the ground.
STRUCTURE. The definition is broadened to also include anything constructed or erected but which is not permanently affixed to the land.
(B) Regulations. The follow regulations shall apply to all accessory buildings. Where any two regulations are in conflict with each other, the more restrictive regulations shall apply.
(1) Stables, barns, and any building housing animals, livestock, or poultry must be set back at least 75 feet from all property lines.
(2) Special setbacks in the interchange overlay districts (see § 155.165). Building and structures shall be set back at least 80 feet from the right-of-way line of intersecting highways, or 160 feet from the centerline, whichever is more restrictive, 100 feet from the freeway right-of-way line and 30 feet from the right-of-way line of frontage roads and other roads of the internal circulation system. In the case of unusual changes in alignment of the intersection highway or unusual topographical characteristics which would cause undue hardship in the application of this requirement, a variance for a lesser setback distance from the intersecting highway may be granted.
(3) Front setback.
(a) The front setback required for an accessory building shall be the same as the front setback which would be required for a principal building fronting on that street. The required setback would be either the front setback specified for the zoning district in § 155.183, or the average setback of the existing buildings in that block, but not over 50% more than the specified setback for the zoning district (see § 155.184(B)(1) and (4)).
(b) On lots having double frontage, a front setback shall be required from both front property lines.
(4) Side setback.
(a) Except as noted below, all accessory building must be set back from any side property line at least the distance specified as the side setback for a principal structure in the zoning district (see § 155.183).
(b) On corner lots, the street-side setback shall be the same as the front yard setback which would be required for a principal building fronting on that street. The non-street-side setback shall be the same as the side setbacks identified in division (B)(4)(a) above.
(c) Where a side property line abuts an alley, no side setback shall be required.
(d) If an accessory building is not used as a residence or to store livestock and is to be set back at least 60 feet from the front property line, then the side setback may be reduced to three feet.
(5) Rear setback.
(a) Except as noted below, all accessory buildings must be set back from any rear property line at least the distance specified as the side setback for a principal structure in that zoning district (see § 155.183).
(b) On residential corner lots, the rear lines of the corner property shall be treated as side property lines and require the applicable side setback.
(c) Where a rear property line abuts an alley, no rear setback shall be required.
(d) If an accessory building is not used as a residence or to store livestock and is to be set back at least 60 feet from the front property line, then the rear setback may be reduced to three feet.
(6) Accessory building shall not cover more than 30% of the required rear yard, and not more than 50% of any required side yard, as specified for that zoning district in § 155.183.
(7) No accessory building shall be placed closer than ten feet from a principal building. No accessory building shall be attached to a principal building unless the accessory building meets all of the construction requirements for a principal building.
(8) Residential accessory building, including those on less than ten acres zoned A1 – Agricultural, shall not exceed 25 feet in height, measured from the top of the lower floor to the peak of the roof.
(9) Building permits.
(a) A building permit shall be required for any accessory building which is longer than ten feet on any side.
(b) No accessory building shall be constructed and no building permit shall be issued for an accessory building prior to the time of construction of the principal building to which it is accessory.
(10) Mobile homes and manufactured homes used as accessory buildings. See § 155.048.
(11) Accessory building shall only be built for and used for permitted accessory uses. Guest houses, servants quarters, apartments, and the like shall not be permitted as accessory buildings, except when issued a special use permit.
(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999