§ 152.046 ACCESSORY BUILDINGS AND USES.
    Accessory buildings and uses are permitted when in accordance with the following.
   (A)   In the R-1A, R-1B, R-1C and R-2 Districts, accessory buildings and uses are limited to:
      (1)   A non-commercial greenhouse that does not exceed in floor area 25% of the ground floor area of the main building or 750 square feet, whichever is less;
      (2)   A private garage with a floor area not to exceed 550 square feet. An additional floor area of 200 square feet may be provided for each 3,000 square feet or lot area by which the lot exceeds 6,000 square feet, provided that no garage shall exceed a floor area of 1,000 square feet nor house more than five automobiles;
      (3)   Carports with a floor area not to exceed 500 square feet;
      (4)   Home occupation;
      (5)   Fallout or storm shelters;
      (6)   Vegetable or flower garden;
      (7)   Tennis courts, swimming pool, garden house, pergola, gazebo, ornamental gate, barbecue oven, television antennas, children's playhouse, doghouse, fireplace, lawn furniture, storage shed, flag poles and similar uses customarily accessory to residential uses;
      (8)   Private driveways;
      (9)   Any single accessory building shall not exceed a floor area of 1,000 square feet in the R-1A, R-1B and R-2 Districts or 750 square feet in the R-1C District;
      (10)   Any single accessory building shall not exceed 20 feet in height;
      (11)   The total floor area of all accessory buildings shall not exceed 1,000 square feet for lots with an area of less than 15,000 square feet. One accessory building of less than 120 square feet, which complies with location and height requirements, is permitted and is exempt from this total floor area requirement;
      (12)   The total floor area of all accessory buildings for lots with an area of more than 15,000 square feet may be increased by 400 square feet for each 3,000 square feet of lot area by which the lot exceeds 15,000 square feet; and
      (13)   A single chicken (hen) coop and associated run, as permitted in § 152.056.
   (B)   In the AG and AC zoning districts, accessory buildings and uses are limited to:
      (1)   Barns for the housing of livestock;
      (2)   An enclosed storage building for large mechanical equipment necessary for the maintenance of the land;
      (3)   Wayside stands not exceeding 400 square feet in floor area for the sale of agricultural products grown on the same property;
      (4)   Grain bins, fuel tanks, grain drying equipment, grain distribution elevators and other similar grain handling facilities related to traditional farming operations;
      (5)   Human-made lakes and ponds located not less than 25 feet away from any lot line; and
      (6)   All accessory buildings and uses permitted as listed above in the R-1A, R-1B and R-2 zoning districts, however, the accessory building size limitations shall not apply.
   (C)   Accessory uses allowed in multiple-family residential zoning districts: R- 3A: See § 152.026(C), R-3B: See § 152.027(C), R-3C: See § 152.028(C), R-3G: See § 152.026(C).
   (D)   In the Commercial and Industrial Districts accessory buildings and uses are limited to:
      (1)   Parking lots and garages;
      (2)   Accessory use not to exceed 40% of the floor area of the main building for incidental storage or light industrial activity;
      (3)   Fire escapes, balconies, chimneys, flag poles and other similar uses customarily accessory to commercial or industrial uses;
      (4)   Accessory uses and buildings which are customarily incidental to the principal use of the premises;
      (5)   If an accessory building or structure is not attached to the main building, it shall be located
not less than 40 feet from a front lot line and shall be located entirely within the buildable area of the lot;
      (6)   Private driveways;
      (7)   Advertising signs which are consistent with the requirements elsewhere in this chapter;
      (8)   Stormwater detention basins;
      (9)   Off-street loading spaces;
      (10)   Storage tanks for liquids and granular materials;
      (11)   Heating, ventilation and air conditioning equipment located at least five feet away from a side or rear lot line;
      (12)   The total floor area of accessory buildings shall not exceed 25% of the floor area of the main building;
      (13)   Human-made lakes and ponds located not less than 25 feet away from any lot line;
      (14)   Exterior storage of materials, products or equipment in the I-2 District, provided that the storage shall not exceed 20% of the area of the lot;
      (15)   Outdoor processing equipment in the Industrial Districts; and
      (16)   An animal run, when accessory to a permitted or approved animal boarding or animal daycare facility, shall be subject to the following minimum provisions:
         (a)   An animal run may be located o a lot with a minimum area of one acre;
         (b)   The total area of any animal run(s) shall not exceed 4% of the lot area;
         (c)   Animals shall be permitted inside an animal run only while directly supervised by the operator or staff;
         (d)   Animals shall be permitted in an animal run only between the hours of 8:00 a.m. and 9:00 p.m.;
         (e)   Animal runs shall be surrounded by an eight-foot tall opaque fence and must provide landscape screening around the exterior perimeter of the fence;
         (f)   Animal runs shall be located a minimum of 75 feet from any adjacent residentially used or zoned property;
         (g)   Animal runs shall not be located in any established front yard.
   (E)   There shall be the following additional regulations.
      (1)   A building or use that is accessory to a permitted use may be erected or established as an accessory building or use only if:
         (a)   It is located on the same zoning lot as the principal use and where the principal use is either permitted by right or authorized by a conditional use permit;
         (b)   It is compatible in character and extent with the principal structure and use and the district in which it is located;
         (c)   It is customarily incidental to the principal structure and use; and
         (d)   It complies with the other applicable regulations of this chapter.
      (2)   No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, materials and equipment by a contractor or owner during building construction.
      (3)   No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.
      (4)   Accessory buildings may not be used for dwelling purposes.
      (5)   No storage of volatile liquids, flammable gases, hazardous materials or explosives shall be permitted in any residential district, except as might be kept for normal household use in typical household quantities.
      (6)   Solid waste containers in Commercial and Industrial Districts shall not be located within an established front yard setback and shall be located not less than five feet away from a side or rear lot line and shall be fenced from visibility from property lines and right-of- way lines.
      (7)   The height of accessory buildings or structures shall not exceed 100 feet in the Commercial and Industrial Districts.
   (F)   In residential zoning districts the following lot coverage restrictions shall apply:
      (1)   Maximum lot coverage in the R-1A District shall be 25%;
      (2)   Maximum lot coverage in the R-1B District shall be 30%;
      (3)   Maximum lot coverage in the R-1C District shall be 35%; and
      (4)   Maximum lot coverage in the R-2 District shall be 40%.
   (G)   Residential swimming pools.
      (1)   Permit. A permit is required for any residential swimming pool, as defined in this ordinance.
      (2)   Maintenance. See Chapter 93 Public Nuisances.
      (3)   Lighting. Illumination of pools shall be limited to underwater lighting.
      (4)   Pool enclosure.
         (a)   For the protection of the general public, any swimming pool, as defined in these regulations, shall be completely enclosed by a fence not less than 42 inches in height above grade level. All pool fencing and gates must be maintained in good working order.
         (b)   Above-ground pools with a wall height of 42 inches above grade or greater shall be exempt from fencing requirements.
         (c)   Fence gate(s) shall be of a self-closing and self-latching type capable of keeping such gate securely closed at all times. The gate must positively close and latch when released from an open position of six (6) inches from the gate post.
         (d)   A permit is required for pool enclosure fencing. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
      (5)   Ladders. Any ladder used to access a residential swimming pool which is exempt from fencing requirements, must be removed or secured to prohibit access to the pool when the pool is not in use.
      (6)   Location. No pool shall be located in any public utility or drainage easement.
(Ord. passed 7-23-2002; Ord. 17-09-02, 9-26-2017; Ord. 17-11-06, passed 11-28-2017; Ord. 20-09-03, passed 9-22-2020; Ord. 20-12-01, passed 12-15-2020)