§ 160.087 ACCESSORY USES.
   The following are permitted accessory uses in an R-1 District:
   (A)   Accessory buildings. Accessory buildings, including garages, carports, tool houses and sheds, whether attached or detached.
      (1)   Every R-1 zoned property improved with a single-family dwelling is allowed a maximum of 1,800 square feet of combined accessory building area, subject to the requirements noted herein.
      (2)   Accessory buildings shall not exceed 18 feet or that of the principal structure, whichever is less, in height, shall be five feet or more from all lots lines of adjoining lots and shall have a pitch or slope of at least 2-12, but no steeper than 12-12. Rounded, dome or geodesic dome roofs are not allowed on accessory buildings. Accessory buildings 120 square feet or under shall be three feet or more from any other building or structure. Accessory buildings over 200 square feet shall meet the minimum fire separation distance as required by the state’s Building Code.
      (3)   No accessory building in an R-1 District shall exceed 952 square feet in area, except by conditional use permit.
      (4)   The combined square footage of accessory buildings in a rear yard shall not exceed 20% of the rear yard.
      (5)   An outdoor living room or patio shall not be used for storage of automobiles or trucks.
      (6)   No permit shall be issued for the construction of more than three accessory buildings in any R-1 District. One of the three permits must be for a garage.
      (7)   Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. The city does not allow cloth, canvas, plastic sheets and tarps or similar materials as primary exterior materials on accessory buildings (except for green houses). The exterior finish of carports may include sheet, ribbed or corrugated metal, fiberglass or polycarbonate panels, and shall remain open on one or more sides.
      (8)   If any accessory building is to be utilized for the storage of frequently-used vehicles, it shall be serviced by an improved driveway so as to control dust, drainage and erosion, according to the requirements as set forth in § 152.999 of this code of ordinances.
      (9)   The roof of all accessory buildings (excluding carports) exceeding 250 square feet in size shall:
         (a)   Match or be similar to the character and style of the roof of the principal structure; and
         (b)   Have a pitch or slope of at least 2-12.
   (B)   Outdoor, uncovered parking spaces.
      (1)   Parking spaces for residential vehicles as regulated by Ch. 71, §§ 91.006 and 160.330 through 160.344 of this code of ordinances.
      (2)   Storage of recreational vehicles and equipment leased or owned by the resident as regulated by Ch. 72 of this code of ordinances.
   (C)   Home occupations. The regulation of home occupations within residential structures and accessory buildings is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which:
      (1)   Involves employees other than persons residing on the premises;
      (2)   Involves alteration or construction features not customarily found in dwellings or accessory buildings;
      (3)   Has an exterior display or sign in excess of one square foot. The sign, for identification purposes only, shall be located on either the principal structure or garage. Any sign existing prior to 12-29-1972 shall not be enlarged, but may be continued at the size and location upon the date, except as hereinafter specified or subsequently amended. Any sign erected after 12-29-1972, but prior to the effective date hereof shall come into compliance herewith by 04-01-1983;
      (4)   Involves exterior storage of equipment or materials;
      (5)   Generates any on-street parking. All vehicles associated with a home occupation shall be parked off-street and in compliance with the city’s parking requirements;
      (6)   Results in violation of the provisions of Ch. 91 of this code of ordinances;
      (7)   Involves activity visible from the public streets;
      (8)   Day care center, group nursery or adult day care operating as a secondary or accessory use in a public or semi-public recreational building, neighborhood or community center, public and private educational institution limited to elementary, junior high and senior high schools, and religious institutions, such as churches, chapels, temples and synagogues; subject to the following conditions.
         (a)   No overnight facilities are provided for the persons served. The individuals shall be transported to and from the facility daily.
         (b)   All signing and informational or visual communication devices shall meet the requirements of Ch. 161 of this code of ordinances.
         (c)   The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in § 160.376(A)(3) of this chapter.
         (d)   No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premises requiring a liquor license, as provided in Ch. 110 of this code of ordinances, or a license for an adult establishment, as provided in Ch. 116 of this code of ordinances, is 500 feet or less; except that, the 500-foot requirement shall not apply to any liquor establishment receiving at least 60% of its annual gross sales revenue from the sale of food.
         (e)   The operator shall secure all necessary county or state licenses and approvals.
      (9)   Massage therapy, subject to the requirements of Ch. 114 of this code of ordinances.
   (D)   Recreational facilities. Swimming pools, patios, decks, gazebos, swing sets, play systems and play houses, outdoor living rooms, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. The facilities shall be set back five feet or more from a property line, except swimming pools, which shall be set back ten feet or more from a property line.
   (E)   Boarding. Boarding or renting of rooms to not more than two roomers or boarders.
   (F)   Other uses. Other allowed uses incidental to the dwelling unit, including but not limited to: clothes lines and poles; lawn and garden ornaments and other landscaping features; and pet house, facility or kennel. A pet house, facility or kennel shall be set back five feet or more from a property line.
   (G)   Solar energy sources and systems and the like. Solar energy sources and systems and geothermal energy sources and systems as regulated by §§ 160.435 through 160.439 of this chapter.
   (H)   Columbaria. Columbarium as an accessory use to a religious institution; subject to the following conditions.
      (1)   The religious institution must own the property on which the columbarium is placed.
      (2)   The exterior of the columbaria must be stone, brick, bronze, stainless steel or aluminum.
      (3)   The combined square footage of all accessory buildings, including columbaria, shall not exceed 1,800 square feet.
      (4)   Columbaria shall only be placed in a side yard or rear yard area.
      (5)   Columbaria shall have a minimum side yard and rear yard setback of five feet.
      (6)   Columbaria height shall not exceed 18 feet or that of the principal structure, whichever is less.
      (7)   If the religious institution ceases operation, all urns and remains must be removed from the property within three months.
   (I)   Accessory dwelling unit (internal).
      (1)   One accessory dwelling unit may be located on a lot occupied by a single-family home (principal dwelling). The lot must comply with minimum dimensional standards. The accessory dwelling unit shall be located within the existing single-family home. and shall not require any exterior modifications to the existing home, excluding doors and windows;
 
      (2)   The single-family home or the accessory dwelling unit shall be occupied by the property owner. The property shall be homesteaded;
      (3)   An internal accessory dwelling unit shall have a minimum gross floor area of 300 square feet and a maximum gross floor area not to exceed the area of the floor above or below it (excluding floor overhangs);
      (4)   A minimum of one off-street parking space shall be provided tor the accessory dwelling unit;
      (5)   Accessory dwelling units shall be licensed as a rental dwelling, and comply with Ch. 119 of this code of ordinances;
      (6)   Accessory dwelling units shall use the same water and sanitary sewer connections and water meter as the single-family home;
      (7)   Accessory dwelling units with an exterior entrance different than the single-family home’s shall have a different address (such as, 2401-A). Addressing shall be compliant with §§ 150.020 through 150.022 of this code of ordinances;
      (8)   If the mailbox post is owned and maintained by the city, then the property owner shall reimburse the city for any alterations or replacement; and
      (9)   The property owner is responsible for additional quarterly utility fees upon creation of an accessory dwelling unit, to include the following: sewer service charge; surface water management utility fee; and street lighting utility fee.
(Prior Code, § 1106.03) (Ord. 442, passed 07-11-1988; Ord. 620, passed 07-27-1998; Ord. 664, passed 08-14-2000; Ord. 672, passed 01-22-2001; Ord. 693, passed 03-25-2002; Ord. 828, passed 10-08-2009; Ord. 832, passed 10-08-2009; Ord. 870, passed 04-19-2012; Ord. 879, passed 07-22-2013; Ord. 896, passed 01-26-2015; Ord. 899, passed 05-11-2015; Ord. 904, passed 07-13-2015; Ord. 917, passed 05-23-2016; Ord. 927, passed 08-22-2016; Ord. 975, passed 04-12-2021)