Accessory uses, buildings and structures permitted in any residential district shall conform to the location, coverage and maintenance standards contained in this section. No accessory building or use shall be established on a lot unless a principal building or use has first been established and constructed on the lot in conformance with all applicable provisions of this Zoning Code.
(A) Measurement Requirements.
(1) The setback requirements for an accessory building or structure shall be measured from the property line to the outer most edge of any paved or fixed surface attached to, surrounding, or supporting such building or structure, such as a poured base or wood boundaries surrounding a play set or an aboveground pool.
(2) The coverage area of an accessory structure shall be measured from the outer most point of any paved or fixed surface upon which the building or structure rests, or the outer most projection of any support structure for the building or structure, or the outer most edge of any paved, wood or other fixed surface attached to or surrounding such building or structure.
(B) Minimum Yard Requirements for Detached Accessory Buildings or Structures on Lots with Standard Detached Single-Family Dwellings and Two-Family Dwellings. A detached accessory building or structure permitted on lots with standard detached single-family dwellings and two-family dwellings in the residential districts shall be located as set forth in § 151.1009(B) and as otherwise provided for in this section.
Permitted Structure, Building | Yard in which Permitted | Minimum Distance (in feet) from: | ||
Front Lot Line | Side Lot Line | Rear Lot Line | ||
Permitted Structure, Building | Yard in which Permitted | Minimum Distance (in feet) from: | ||
Front Lot Line | Side Lot Line | Rear Lot Line | ||
(1) Accessory buildings, 200 sq. ft. and under (a), (l) | Side, Rear | – | 5 | 5 |
(2) Accessory buildings over 200 sq. ft. (a) | Side, Rear | – | (b) | (b) |
(3) Pole buildings | Not Permitted | |||
(4) Driveways | Front, Side, and Rear | NA | 5 (c), (d) | 5 |
(5) Accessory off-street parking area | Front, Side and Rear | 25(d) (h) | 5 | 5 |
(6) Fences, walls | Side and Rear | (e) | None(f) | None(f) |
(7) Swimming pools | Rear | – | 10 | 10 |
(8) Fire pits(i), outdoor fireplaces & kitchens | Side, Rear | – | 10 | 10 |
(9) Outdoor boiler, stove or furnace | Not Permitted | |||
(10) Yard Structures | Side, Rear | (g) | 5 | 5 |
(11) Doghouses, chicken coops, rabbit hutches, beehives and other animal shelters (j) | Side, Rear | – | 15 | 15 |
(12) Temporary storage units (k) | Front, Side and Rear | 10' from right-of-way line | 5 | 5 |
Notes to Schedule 151.1009(B): (a) Shall have a 10-foot setback from the principal building. (b) Shall comply with the side yard requirements for principal buildings set forth in Schedule 151.1005. (c) Except where part of a legally established shared access easement. (d) See also § 151.1009(F) (e) See § 151.1009(I) for fences and walls in the front yard. (f) Applies only to fences/walls up to 6 feet high. See § 151.1009(I). (g) See § 151.1009(J) for permitted structures in the front yard. (h) Or right-of-way, if front property line extends to the centerline of the road. (i) Shall have a 25-foot setback from any combustible structure, unless in an approved container. Fire pits in an approved container shall maintain a 15-foot setback from any combustible structure. (j) Shall not be visible from the public street on which such residential property fronts, and such structure must be appropriately screened from abutting properties with landscaping, a fence or wall constructed and maintained according to the Code. Whether such structure is permanently affixed, portable or mobile it shall not exceed six feet in height and it shall cover an area no greater than 80 square feet. (k) See also § 151.1009(K). (l) Accessory buildings, 200 sq. ft. and under, shall maintain a rear-yard setback equal to the side yard requirements for principal buildings set forth in Schedule 151.1005 when the lot is directly in front of a pan-handle lot. NA = Not Applicable | ||||
(C) Permitted Attached Structures in Front, Side, and Rear Yards. The attached accessory structures outlined in Schedule 151.1009(C) are permitted to extend into the required yards so established by the yard requirements set forth in Schedules 151.1005 and 151.1007, provided that all other applicable provisions of the Zoning Code are met.
Attached Projections into Yards | Yard in Which Permitted | Maximum Projection into Required Yards |
Attached Projections into Yards | Yard in Which Permitted | Maximum Projection into Required Yards |
(1) Building wing wall not greater than 5 feet | Side | 10 feet, provided it is a minimum of 5 feet from the side property line |
(2) Skylights, sills, fireplaces, bay windows, gutters, belt courses, cornices, and other ornamental and architectural features | Front, Side, Corner Side, Rear | 1½ feet |
(3) Deck or patio (Terraces, uncovered porches, platforms, and ornamental features) also HVAC units. | Side, Rear | Provided it is a minimum of 10 feet from the side or rear property line |
(4) Open or lattice-enclosed fire escapes, fire-proof outside stairways, and balconies opening upon fire towers | Side, Rear | 5 feet |
(5) Unenclosed or covered porch, one story high, or paved terrace | Front | 10 feet |
(6) Pellet Stove | Rear | – |
(D) Minimum Distance Requirements for Accessory Uses of Single-Family Detached Cluster Developments, Single-Family Attached Dwellings and Multi-Family Dwellings. The minimum distances from any accessory building or use to certain walls of principal buildings, streets and boundaries of the development area of single-family detached cluster developments, single-family attached dwellings and multi-family dwellings shall be not less than that set forth in § 151.1009(D) below.
Accessory Building or Use | To Wall of Principal Buildings (in feet) | To the ROW of a Public Street (in feet) | To Side and Rear Lot Lines Abutting District | ||
Main | End | A, B, C Districts | All other Districts (including D-2 and D-3) OM-Outer | ||
Accessory Building or Use | To Wall of Principal Buildings (in feet) | To the ROW of a Public Street (in feet) | To Side and Rear Lot Lines Abutting District | ||
Main | End | A, B, C Districts | All other Districts (including D-2 and D-3) OM-Outer | ||
(1) Accessory building | 20 | 10 | 35 | 30 | 15 |
(2) Parking area | 20 | 10 | 35 | 20 | 10 |
(3) Driveway | 20 | 10 | 35(a) | 10 | 5 |
(4) Project walk | 15(b) | 5 | 0 | 10 | 5 |
(5) Active recreation areas, including pool and tennis court | 30 | 15 | 40 | 20 | 10 |
Notes to Schedule 151.1009(D): (a) Except as required to access the public street. (b) A project walk may be less than 15 feet, but not less than five feet, from a main wall if all windows have sills at least 8 feet above the finished grade. | |||||
(E) Maximum Area and Rear Yard Coverage of Accessory Buildings and Structures on Lots with Standard Detached Single-Family Dwellings and Two-Family Dwellings. The maximum area and rear yard coverage of accessory buildings and structures on lots with standard detached single-family dwellings and two-family dwellings shall comply with the following requirements:
(1) The maximum footprint for a detached garage or other accessory building shall be 576 square feet.
(2) The maximum coverage area for all accessory buildings and structures, including pavement for driveways, patios and/or pools and decks shall not exceed 30% of the rear yard.
(F) Additional Regulations for Parking Areas, Driveways and Vehicles. Open, off-street parking areas, driveways and vehicles shall comply with the following:
(1) Accessory off-street parking spaces: Accessory off-street parking areas shall be provided in compliance with the parking requirements set forth in Chapter 151.32, which shall be located on the same lot as the dwelling served. The maximum impervious surface coverage in the front yard on residential lots with a width of 70 feet or greater, and panhandle lots, is 35%. On lots with a width of 50'-70', the impervious surface coverage in the front yard is limited to 40%. On irregular shaped lots with reduced frontage at the end of a cul-de-sac, the impervious surface coverage in the front yard is increased to 50%. Accessory off-street parking spaces must be accessed from a driveway and not directly from a public right-of-way.
(2) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or auto body parts, in an open yard, is prohibited on a residential lot.
(3) The parking of a disabled vehicle within a residential district for a period of more than two weeks shall be prohibited, except that the vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while the vehicle is parked or stored. For the purposes of this division, a disabled vehicle shall be defined as a non-operable vehicle in its current condition or a vehicle with expired or invalid license plates.
(4) Driveways. The driveway for a single or two-family dwelling, behind the street right-of-way shall be not less than eight feet nor more than 20 feet in width and a minimum distance of five feet from the side lot line, except where two or more properties share a common drive through a joint access easement, in which case, no setback is required between the properties sharing the easement. In the street right-of-way, driveways for single or two-family dwellings shall be not less than eight feet in width and a minimum distance of two feet from the side lot line. Driveways for single or two-family dwellings may be permitted to have triangular flares on either side of the driveway measuring three feet in width by seven feet, if deemed appropriate by the Public Works Director or his designee (See Figure 1). Residential access drives must also be in conformance with Chapter 94 of the Montgomery Codified Ordinances.
Figure 1: Triangular Driveway Flare
(G) Dish-type Satellite Signal Receiving Stations. Dish-type satellite signal receiving stations may be permitted as accessory structures and may be located as specified in the Zoning Code, subject to regulations established in this section. For the purpose of this section, non-residential installations shall include elementary and secondary schools, and places of worship.
(1) Location and setbacks.
(a) Stations shall be located only in the rear yard of the lot as defined in the Zoning Code, and behind the principal dwelling or structure located on the same lot. When necessary, in order to get reception, stations may be mounted on or attached to the dwelling or building; however, in the case of a residential building installation, the dish antenna may not exceed one meter in diameter.
(b) Stations shall be located in conformance with the setback requirements for accessory structures set forth in this chapter. Nonresidential installations must maintain a minimum of five feet from the side and rear property lines when abutting non-residential districts. When abutting a residential district, a nonresidential installation must provide a setback equal to that required for the residential zoning district that it abuts. Setback requirements apply to any guy anchorage or similar device.
(c) Stations shall not be linked to receivers which are not located on the same lot as the station.
(d) Not more than one station shall be located on any lot.
(2) Height and diameter.
(a) Residential installations shall not exceed 13 feet in height. Nonresidential installations shall not exceed 15 feet in height. The height is determined by measuring the distance from the ground to the highest point of the antenna when turned perpendicular to the ground.
(b) The maximum diameter of any dish antenna shall not exceed four meters for nonresidential installations, or two meters for residential installations.
(3) The station shall be placed on a base sufficient to safely support the unit in a secure, wind resistant manner and shall be adequately grounded.
(4) Permit required.
(a) A permit must be obtained prior to the installation of a dish antenna having a diameter of one meter or more. The permit application must include construction drawings showing the method of installation, a site plan showing the proposed antenna, principal building and their respective setbacks, sectional drawings showing the antenna height and diameter, and a landscaping plan showing screening of the antenna from neighbors. The screening may rely upon existing and/or proposed vegetation. Any vegetation utilized for screening purposes must be maintained in a condition that achieves the goal of the screening.
(b) Dish antennas having a diameter less than one meter may be erected in compliance with these regulations without obtaining a permit.
(H) Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements of accessory structures set forth in this chapter and the supplemental regulations set forth below.
(1) All swimming pools, together with adjacent walkways, shall be completely enclosed by a wall or fence having a minimum height of four feet.
(2) For aboveground pools, the height of the pool, from the surrounding grade to the top of the pool wall, may be used as credit to meet the four-foot fence height requirement so long as the pool has a removable ladder or other operational device approved by the building code.
(3) All fences and other pool enclosures shall be equipped with suitable locking devices to prevent unauthorized access.
(4) The construction and operation of a pool shall meet all other applicable city regulations.
(I) Fences and Walls. Fences and walls in the residential districts shall comply with the following:
(1) Front Yards. Fences and walls over two feet high may not be located in any part of the front yard, except in the front yard of a panhandle lot. Wrought iron fences up to four feet in height may be permitted in the front yard in the Heritage District. Retaining walls required to maintain a grade, may also be permitted by the Zoning Administrator. Wrought iron fences up to four feet in height may be permitted in the front yard in the Heritage District.
(2) Side and Rear Yards. Fences and walls in the side or rear yard shall not exceed 6.25 feet in height above the average natural grade and may be located in any part of the side or rear yard.
(3) Construction, Maintenance and Repair. Fences shall be of chain link, picket, split rail, sapling, louver or other commonly used design, and if painted, shall be one color. Electric or barbed wires fences are prohibited. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the yard being fenced.
(4) No Permit Required. No permit is required for fences 6.25 feet or less in height, provided that all applicable regulations of this chapter are complied with. Fences or walls higher than 6.25 feet are considered structures and must meet the height and setback requirements for other accessory structures. These structures require a building and zoning permit.
(J) Yard Structures. In the residential districts, yard structures shall comply with the location and setback requirements for accessory structures set forth in division (B) of this section, except as otherwise regulated below:
(1) Yard structures that are not installed on a paved or hard surface shall be exempt from the rear yard coverage requirements set forth in division (E) of this section, provided they cover an area of less than 80 square feet. If the yard structure utilizes a paved or similar hard surface, it shall be subject to the rear yard coverage requirements set forth in division (E) of this section.
(2) Basketball hoops shall be permitted in the front or side yard, provided they do not require a paved surface in addition to an existing driveway or are mounted to a garage. The basketball hoop must be setback at least five feet from the side property line and ten feet from the right-of-way line. If located in the rear yard, the maximum rear yard coverage requirements set forth in division (E) of this section are applicable if any additional paved surface is utilized.
(3) Low-intensity residential lighting including porch lights, lawn lights and light poles/fixtures not to exceed eight feet in height are permitted in any yard provided that if any such light creates a glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions. Light poles/fixtures shall be of a commonly used material and design.
(K) Temporary Storage Containers. A temporary storage container may be utilized as a temporary accessory use when in compliance with the following standards:
(1) A temporary storage container may be located as a temporary accessory use on property within the city for a period not exceeding 30 days per calendar year in duration from time of delivery to time of removal.
(2) The owner of the property on which the temporary storage container is located, or the agent of such owner using such container, shall obtain a permit, at no cost, from the Zoning Administrator no later than the first day such container is placed on site.
(3) A temporary storage container shall be located on a paved surface.
(4) No more than one temporary storage container may be located on a specific site at any one time.
(5) A temporary storage container may not exceed eight feet, six inches in height, ten feet in width or 20 feet in length.
(6) A temporary storage container shall be located a minimum of ten feet from the right-of-way line and a minimum of five feet from side or rear of property lines.
(7) A temporary storage container shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of the temporary storage container and it shall be secured and enclosed in such a manner as to not permit waste, litter or debris.
(8) The standards for a temporary storage container may be varied on a case by case basis upon petition to the Zoning Administrator for good cause shown. If the Zoning Administrator should deny any such variance to the standards, then the applicant may appeal such denial consistent with Chapter 150.20 of the Land Usage Code. No such appeal, however, shall stay the enforcement of this section of the Code.
(Ord. 13-2009, passed 12-2-09; Ord. 6-2010, passed 7-7-10; Am. Ord. 6-2011, passed 4-6-11; Am. Ord. 16-2013, passed 11-6-13)