(A) Accessory structures R-l, R-2, R-3 and R-4 Single-Family and Two-Family Residential Districts. The following standards shall apply to the following zoning districts: R-l, R-2, R-3, R-4.
(1) Permitted accessory structures. The following accessory structures shall be permitted and require a zoning permit:
(a) Buildings or structures such as detached garages;
(b) Gazebos, decks, and hot tub enclosures;
(c) Carports, pool houses and greenhouses;
(d) Sheds, swimming pools;
(e) Fences.
(2) Permitted no zoning permit required.
(a) Structures with a building footprint of 50 square feet or less. No such structures are permitted in any front yard.
(b) Wheel chair ramps.
(c) Commercial storage containers are permitted on a property not to exceed 60 days in a calendar year and must be situated on a site so as not to create a visibility hazard. Exemptions may be granted by the Village Administrator in the event of a calamity.
(3) General requirements.
(a) Accessory structures shall comply with the following requirements:
1. Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use and occupant of the same parcel. Owners of multiple, contiguous parcels that desire treatment as though they are a single lot must combine the parcels with a new legal description and deed at the Hancock County Auditor's Office. Proof of a recorded deed must be provided as part of the application.
2. Example. This requirement prevents a property owner of multiple parcels from erecting an accessory structure on a separate, vacant but recorded lot that could eventually be sold and thus become an illegal nonconforming use and lot under Chapter Sections 2-5.
(b) Maximum floor area. The combined building footprint of all accessory buildings on site shall not exceed 900 square feet. One accessory building that is 50 square feet or less shall be exempt from this requirement. In no instance shall any separate accessory building be larger than 900 square feet. Unless the lot equals or exceeds one acre in size the maximum floor area cannot exceed 1,200 square feet or 80% of the primary structure footprint whichever is less. All accessory buildings are subject to maximum lot coverage requirements as prescribed in each zoning district. The following stipulations apply to properties without an attached garage:
1. One accessory building used for the parking of vehicles up to 576 square feet shall not count against the total allowable accessory building area. The accessory building used for the parking of vehicles that is greater than 576 square feet will have that area in excess of 576 square feet deducted from the maximum allowable accessory building area.
Example: If the property contains a 700 square foot accessory building for the parking of vehicles, 124 square feet of area of excess are deducted from any proposed accessory building, thereby limiting the size of a new accessory building to 776 square feet in area.
2. An existing accessory building used for the parking of vehicles that is less than 576 square feet, can be increased in area so the total building area does not exceed 576 square feet, even if the property contains other accessory buildings that exceed the 900 square foot limit. Maximum lot coverage requirements will still apply.
(c) Restricted in front yard requirement. No accessory structure shall be permitted in the required front yard.
(d) Conversions. Permanently attaching any accessory building to a primary building shall be considered a conversion and shall be subject to all required setbacks for primary structures. These connections must include a four foot width building footprint, must be enclosed, have doorways on either side, and have a foundation.
Example: A detached garage on a street side yard is proposed to be attached to the primary building with a breezeway. The garage is located in R-3 Single Family and is five feet from the property line. In this instance the conversion would violate the setback required for primary structures and applicant would not be issued a zoning permit.
(e) Storage containers, box truck components, and tractor-trailers are not considered as buildings and shall not be used as accessory buildings, unless otherwise provided.
(4) Setbacks.
(a) Front yard setback. Accessory structures shall not encroach upon the required front setback of the lot on which they are located, except fences and decks.
(b) Side and rear setbacks. Accessory structures may not be located closer than three feet of the side yard and five feet of the rear yard.
(c) Screening. In no case shall an accessory structure encroach upon any required screening.
(5) Occupancy. Accessory buildings shall not be occupied as a dwelling.
(6) Height. The maximum height allowed for an accessory building is 18 feet.
(B) Accessory structures CD, M-l, M-2 Multi-Family Residential Districts.
(1) Permitted accessory structures. The following accessory structures shall be permitted and require a zoning permit:
(a) Buildings or structures such as detached garages;
9b) Gazebos, decks, porches, and hot tub enclosures;
(c) Carports, canopies, pool houses and greenhouses;
(d) Fences;
(e) Management offices and other facilities normally associated with tenants' convenience, such as washing machine facilities, exercise facilities, and the like.
(2) Permitted no zoning permit required.
(a) Building footprint of 50 square feet or less;
(b) Wheel chair ramps (exempt from division (B)(3)(c) below, Restricted in Front Yard).
(3) General requirements. Accessory structures shall comply with the following requirements:
(a) Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the lot.
(b) Ownership. Shall be operated and maintained under the same ownership as the primary structure.
(c) Restricted in front yard requirement. No accessory structure shall be permitted in the required front yard.
(4) Setbacks.
(a) Front yard setbacks. Accessory structures, except fences shall not encroach upon the established front setback of the lot on which they are located.
(b) Side and rear setbacks. Accessory structures, excluding fences and decks shall not be located closer than three feet from the side lot lines and five feet from the rear lot line.
(c) Screening. In no case shall an accessory structure encroach upon any required screening.
(d) Street side yard setback. Setbacks shall be 15 feet.
(5) Occupancy. Accessory building shall not be occupied as a dwelling.
(6) Height. The maximum height allowed for an accessory building is 18 feet.
(7) Dumpster and trash enclosures. See § 178.141 Screening.
(C) Accessory structures - O-l Office, C-l, C-2 and C-3 Commercial Districts.
(1) Permitted accessory structures.
(a) Buildings or structures such as detached garages, carports, canopies, and patios for outdoor seating;
(b) Management offices and other facilities normally associated with the primary business;
(c) Dumpster enclosures, mechanical equipment;
(d) Greenhouses cart corrals;
(e) Similar accessory buildings or structures;
(f) Fences.
(2) Permitted - no zoning permit required.
(a) Structures with a building footprint less than 50 square feet;
(b) Wheel chair ramps.
(3) General requirements. Accessory structures shall comply with the following requirements:
(a) Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the parcel.
(b) Ownership. Shall be operated and maintained under the same ownership as the primary structure.
(4) Setbacks.
(a) Front yard setbacks. Accessory structures shall not encroach upon the established front setback of the lot on which they are located with exceptions being: fences and outdoor seating/dining areas.
(b) Side and rear setbacks. Accessory structures may encroach the side and rear setbacks, but may not be located closer than ten feet to the lot line, except fences.
(c) Screening. In no case shall an accessory structure encroach upon a defined buffer area.
(5) Enclosed building requirement. All uses and operations shall be conducted within completely enclosed buildings with the following exceptions:
(a) Off-street parking;
(b) Drive-thru customer service windows; and
(c) Outdoor dining areas.
(6) Maximum floor area. The combined gross floor area of all accessory structures on site shall not exceed 75% of the size of the primary structure.
(7) Occupancy. Accessory buildings shall not be occupied as a dwelling.
(8) Height. The maximum height allowed for an accessory building is 18 feet.
(9) Dumpster and trash enclosures. See § 178.141 Screening.
(D) Accessory structures -I-1 and I-2 Industrial Districts.
(1) Permitted accessory structures. Buildings or structures which facilitate the primary structure, including maintenance buildings, storage facilities, and the like.
(2) Permitted - no zoning permit required. Structures with a building footprint of less than 50 square feet.
(3) General requirements. Accessory structures shall comply with the following requirements:
(a) Relationship to primary use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the lot.
(b) Ownership. Shall be operated and maintained under the same ownership as the primary structure.
(c) Setbacks.
1. Front yard setbacks. Accessory structures shall not encroach upon the established front setback of the lot on which they are located, except fences.
2. Side and rear setbacks. Accessory structures, except fences may encroach the side and rear setbacks, but may not be located closer than ten feet to the lot line.
3. In no case shall an accessory structure encroach upon a buffer yard.
(d) Height. The maximum height for an accessory building is 40 feet.
(e) Occupancy. Accessory buildings shall not be occupied as a dwelling.
(E) Easements. The village is not responsible for researching recorded utility easements in the zoning permit review process. Any building or structure placed in a recorded utility easement becomes the risk and responsibility of the owner.
(Ord. O-2019-24, passed 9-9-2019)