(A) Accessory buildings and structures.
(1) Accessory buildings or garages shall be considered to be part of the principal building and subject to all setback requirements of the principal building, if structurally and architecturally integrated into the building or if attached by an enclosed breezeway or similar enclosed structure not greater than three feet in length. Detached accessory buildings shall be located at least three feet from any principal building.
(2) Accessory buildings and structures shall not be erected in any front yard.
(3) Accessory buildings and structures may be erected in a rear yard if set back at least ten feet from the rear and five feet from the side property lines. In any case, accessory buildings and structures shall not occupy more than 30% of the required rear yard.
(4) An accessory building or structure designed for and containing a vehicle entrance to be accessed from an existing publicly dedicated and commonly used alley may be located on the rear lot line, if parking space plans have been approved by the Zoning Administrator.
(5) The height of an accessory structure shall not exceed 18 feet when a hip or gable roof is used, 15 feet when a mansard or gambrel roof is used and 12 feet when a flat or shed roof is used, except when a dwelling unit is included in the structure, in which case the height shall not exceed 24 feet.
(6) Accessory structures shall not exceed 50% of the principal building floor area or 750 square feet, whichever is less.
(7) An accessory building or accessory structure shall not be constructed or occupied on a lot before the principal building or use on the lot is constructed.
(8) Accessory buildings and structures in planned unit developments shall be subject to the same requirements as in the residential districts.
(9) Accessory structures located in a designated flood hazard area shall comply with the additional provisions set forth in Subchapter 155.19.
(10) Buildings and structures accessory to non-residential uses shall meet the minimum setback requirements and height limitations for principal buildings in the respective zoning district.
(11) Accessory structures and buildings shall share all public utilities (water/sewer/electric) with the principal building. Accessory structures and buildings will not be separately metered.
(B) Essential services. The installation and maintenance of essential service equipment is exempt from this Zoning Code.
(C) Illegal dwellings. The use of any basement for dwelling purposes is prohibited in any zoning district, unless the basement meets the appropriate city building codes. Buildings erected as garages or accessory buildings shall not be occupied for dwelling purposes, except in conformance with the requirements of § 155.108(E)(1) for accessory dwellings.
(D) Principal use per lot. A lot or parcel shall not be devoted to more than one principal use, or contain more than one principal building, except for groups of multiple family dwellings, agricultural buildings, approved mixed use developments, PUDs, or commercial or industrial buildings determined by the Planning Commission to be a principal use collectively, based on meeting all of the following criteria:
(1) Individual buildings share common parking areas, signs, access and similar features;
(2) Buildings are under single ownership;
(3) Individual activities support one another (such as auto sales/vehicle repair or gas station/ restaurant/convenience store); or
(4) Buildings are architecturally unified and compatible.
(E) Prohibited uses. Uses not specifically permitted by right or conditional approval by this Zoning Code shall be prohibited.
(F) Uses in conformance. No building, structure or land shall be used or occupied and no building, structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the provisions of this Code.
(G) Uses on a lot. Every building, structure or use erected or established within the city shall be located on a legally recorded lot or parcel and shall conform to all applicable requirements of this Code.
(H) Unique domestic animals. Unique domestic animals such as chickens and similar fowl, potbelly pigs, small ponies and similar nontraditional pets are reasonable accessories in residence districts and a conditional use in the E Zoning District. It is the purpose and intent of this section to allow unique domestic animals while preserving and protecting the residential character of residence districts. It is also the intent of this section to distinguish ownership of unique domestic pets from otherwise permitted agricultural uses. Unique domestic animals in residence districts shall comply with the following standards:
(1) No more than 12 chickens or similar fowl on any residential lot of one-half acre or less with shelter setbacks at three feet minimum from rear and side lot lines;
(2) No more than 24 chickens or similar fowl on any residential lot of greater than one-half acre up to and including one acre with shelter setbacks at ten feet minimum from rear and side lot lines;
(3) Any residential lot greater than one acre may increase the number of chickens or similar fowl by 12 for each half acre (1 to 1.5 acre equals 36; greater than 1.5 to 2 acres equals 48, and the like) with shelter setbacks at 15 feet minimum from rear and side lot lines;
(4) Roosters as defined by the American Poultry Association shall not be permitted in any residential zoned district of less than two acres. No more than one rooster is permitted on any residential zoned district of two acres or more;
(5) Other unique domestic animals as defined, to include potbelly pigs, pigmy goats, llamas, alpacas, small ponies and similar shall be limited to no more than two on any residential lot one acre or more in area, and one additional unique domestic animal may be permitted on any residential lot over two acres, with shelter setbacks at ten feet minimum from rear and side lot lines. Planning Commission may grant conditional use approval in accordance with Subchapter 155.10 for additional unique domestic animals on a case by case basis;
(6) Chickens, similar fowl, and other unique domestic animals shall be contained on premises by approved fencing or similar means of containment and not allowed to roam free on any neighboring property or public right-of-way.
(7) Coops and other structures accessory to this use shall be located in the rear yard and no closer than ten feet from side and rear property lines.
(8) An operating plan is presented to the city.
(9) The Planning Commission shall utilize these criteria in addition to the requirements of Subchapter 155.10 for conditional use review in the E Zoning District.
(Res. 21-1165, passed 7-20-21)