1181.04 STANDARDS FOR ACCESSORY BUILDINGS AND USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.
   (a)   An accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breeze way or other similar structure, provided that no such accessory building may be erected or used as a stable or primarily for the keeping of animals or birds except where the use is specifically permitted by the specific zoning district.
   (b)   An accessory building may be erected detached from the principal building. No detached accessory building shall be erected in any required yard except a rear yard.
   (c)   A detached accessory building shall not exceed fifteen (15) feet in height in Residential Districts.
   (d)    On a corner lot abutting in the rear or side lot in a Residential District, any accessory building or part thereof within twenty-five (25) feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street, and in no case shall any part of such accessory building be closer to the side street lot lines than the least width of the side yard required for the principal building to which it is accessory.
   (e)    No accessory use or structure in any Residential District except an off-street parking area shall be permitted nearer to any front lot line than sixty (60) feet, unless such use or structure is contained within or constitutes an integral part of the principal building. However, if the owner of a corner lot, with approval of the Board of Zoning Appeals designates the longer street lot line as the front lot line, then the requirement of this section shall apply to establish the permitted distance of an accessory building from only the shorter street lot line.
   Patios, open porches and carports may be located in side and rear yards provided they are not closer than three (3) to any adjacent property line. If located closer than eight (8) feet, they shall be screened by an evergreen hedge or fence not less than four (4) feet in height and maintained in good condition. In case of a corner lot, no patios or porches shall be closer to the side street lot line than the least depth required for such side yard.
   (f)    Home Occupations. No home occupation shall be allowed in any Residential District, except as an accessory use, and unless it complies with the following conditions and requirements:
      A.   The primary use of the structure or dwelling unit shall remain residential and the operator or the home occupation shall remain a resident in the dwelling unit.
      B.   The operator conducting the home occupation shall be the sole entrepreneur, and he shall not employ any other person other than a member of the immediate family residing on the premises.
       C.    No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted; nor the use of mechanical equipment not customary in dwellings.
      D.   Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence.
      E.   No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
      F.   No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve such home occupations shall be permitted.
       G.   No display of goods or external evidence of the home occupation shall be permitted, except for one (1) nonanimated, nonilluminating, nonflashing announcement plate, indicating not more than the name and address of the resident. Such plate shall be attached flat against the wall of the residence and shall not exceed two (2) square foot in total surface area.
       H.    No stock in trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
   (g)    Swimming Pools. No private swimming pool, exclusive of pools less than one and one-half (1 1/2) feet in depth and portable swimming pools with a diameter less than twelve (12) feet or with an area of less than 100 square feet, shall be allowed in any Residential District, except as an accessory use and located in the rear yard, and unless it complies with the following conditions and requirements.
      (1)    The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.
      (2)    The pool may not be located closer than ten (10) feet to any property line, and such location shall be in accordance with all pertinent provisions of Section 1181.01 hereof and shall be measured from the water line. Accessory buildings shall maintain the minimum side yard required. Any walks or paved areas adjacent to the pools shall be considered as patios for the purpose of this Zoning Code and shall conform to the provisions of subsection (e) hereof.
      (3)    The swimming pools, or the entire rear yard of the property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Such fence or wall shall be six (6) feet in height and maintained in good condition with a gate and lock.
   (h)    Tennis Courts. Tennis courts and other similar playing courts may be located in any rear yard with the fence located no closer than five (5) feet of any property line, provided the location of such courts are in accordance with all pertinent provisions of this section. Such courts may be fenced with a chain link fence located around the perimeter of the court, but any fence over six (6) feet in height shall be planted with large shrubs in sufficient quantities to screen and filter the view of the fence from neighboring properties.
   (i)    Earth Satellite Stations in Residential Districts. Within Residential Districts, the following provisions shall apply to ground satellite stations:
      (1)    Such ground stations or antennas shall be for the personal use of such residents;
      (2)    Such ground stations or antennas shall contain no graphic message or advertising;
      (3)    Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
         A.   Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located in the rear yard only and shall not exceed an above grade height of fourteen (14) feet.
         B.   Such stations or antennas shall have a three (3) foot setback observed from all property lines. This distance shall be measured horizontally from the perpendicular to that part of the structure nearest the property line; and
      (4)    Roof mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
         A.    Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.
         B.    Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than four (4) feet above the roof on which they are mounted nor extend beyond the edge of the roof line. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
         C.    The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed four (4) feet.
      (5)    No more than one (1) dish-type antenna will be permitted on any one lot.
         (Ord. 1103-95. Passed 2-9-95; Ord. 1279-99. Passed 1-28-99.)
   (j)    Accessory Fences, Walls and Hedges. The intent of these provisions is to outline the regulations for accessory fences, walls and hedges in residential districts. Such structures are permitted in order to: provide for orderly transition between land uses; protect and screen private property; give security and privacy to residents; and provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor living space; and generally improve the aesthetic appearance of a site.
      (1)    Front Yards.
         A.    Hedges not to exceed four (4) feet in height may be located in any front yard.
         B.    An ornamental fence or ornamental wall may be located in any front yard or court as follows:
            1.    The height of any ornamental fence or wall may not exceed three (3) feet above the ground at any point.
             2.    Any ornamental fence or wall, as permitted in the subsection, shall be so constructed as to provide a ratio of solid portion to open portion not to exceed one to one, the proportion of solid area to open are to be determined in elevation.
             3.   Such fence or wall may not be located closer than three (3) feet to the front lot lines.
            4.   The total length may not exceed fifty percent (50%) of the lot frontage.
             5.   No wire-type fence may be used.
      (2)    Rear and side yards. A fence, wall or hedge may be located in any rear or side yard, provided that:
         A.    The height of the fence, wall or hedge may not exceed six (6) feet above the ground at any point.
         B.   A fence or wall not to exceed ten (10) feet in height may be permitted surrounding tennis courts in any rear yard, provided the provisions of subsection (1) hereof are met
      (3)    Retaining walls. Retaining walls shall not project more than one (1) foot above the surface of the ground supported by such walls, unless such projection exceeding one (1) foot complies with the applicable requirements of this section.
      (4)    Security fences. No barbed wire, other sharp-pointed material or electrically charged material shall be used in the construction of a fence allowed agricultural uses and only upon approval of the Police Department.
         (Ord. 1103-95. Passed 2-9-95; Ord. 1279-99. Passed 1-28-99.)
      (5)   Fences. All post and framing members shall be on the owner’s side of the property. No fence shall be erected next to an existing fence. It shall be the owner’s responsibility to verify all property lines.
         (Ord. 1499-03. Passed 6-26-03.)