§ 157.071 ACCESSORY USES AND STRUCTURES.
   This section establishes regulations governing the type, size, character and location of accessory uses and structures.
   (A)   Authorization. Subject to the limitations of this section, accessory uses and structures are permitted in any zoning district in connection with any principal use lawfully existing within such district.
   (B)   General provisions for accessory uses and structures.
      (1)   No accessory use or structure shall be approved, established or constructed before the principal use is approved in accordance with these regulations.
      (2)   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use; accessory uses shall not include a kennel or an accessory building for the keeping or the propagation of livestock. However, dog runs shall be permitted as an accessory use.
      (3)   No accessory building, unless it conforms with the required conditions for accessory buildings for authorized special uses, shall be located within ten feet of the nearest wall of the principal building.
      (4)   No accessory building shall be located within the required front or side yard on the lot including the required side yard of a corner lot which is adjacent to the street, nor between the front of the building and the front lot line.
      (5)   In residence districts, an accessory building in a rear or side yard shall be at least three feet from any property line. In any district other than a residence district, accessory buildings used for required off-street parking purposes shall be located at least five feet from the alley lot line.
      (6)   No accessory building located in the rear yard of a corner lot shall be nearer to a street lot line than the minimum width required for a side yard abutting a street in the district where the lot is located.
      (7)   No accessory building shall exceed ten and one-half feet in height for a flat roof or mansard roof, or 14.5 feet for all other roofs, except as otherwise provided for garages in division (D)(1) below.
      (8)   Nursery schools and child day care facilities shall be considered accessory uses in churches whether or not they are operated by the church in which they are located.
      (9)   Sign requirements shall be as set forth in §§ 157.195 through 157.218.
   (C)   Allowable accessory uses and structures (detached from principal structure).
      (1)   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use.
      (2)   No accessory building or structure shall be erected or altered at, nor be moved to, a location within ten feet of the nearest wall of the principal building or structure, nor within the required front or side yards on the lot.
      (3)   Detached accessory buildings, structures or uses in a residential district shall:
         (a)   Cover not more than 40% of the rear yard when located in a rear yard. However, in no case shall an accessory structure and its principal structure cover more of the lot than allowed in the lot coverage requirements for each zoning district;
         (b)   Not be located in a yard between the principal structure and the side lot line; and
         (c)   Not be located between the building line and the principal structure (except as permitted in front yards).
      (4)   Accessory building heights and setbacks shall be as set forth in each of the zoning districts.
      (5)   There shall be no height restrictions on the erection of open mesh type fences enclosing parks, recreational areas and school sites.
      (6)   Accessory buildings, structures or uses shall be permitted as provided in Table 3-A below:
Table 3-A: Permitted Accessory Buildings, Structures and Uses
Key:
Required yards         Districts
Front and corner side yards   F   Residential district   Rsd
Side yards   S         Nonresidential district   N-Rsd
Rear yards   R         Residential and nonresidential districts   Both
Buildings, Structures and Uses
Required Yards
District
Table 3-A: Permitted Accessory Buildings, Structures and Uses
Key:
Required yards         Districts
Front and corner side yards   F   Residential district   Rsd
Side yards   S         Nonresidential district   N-Rsd
Rear yards   R         Residential and nonresidential districts   Both
Buildings, Structures and Uses
Required Yards
District
Accessory dwelling units to single-household detached homes
S
R
Both
Air-conditioning equipment (shall not be permitted within 6 feet of any lot line except window air conditioners)
S
R
Both
Antennas (subject to the conditions of § 157.068)
F
S
R
Both
Arbors and trellises
F
S
R
Both
Awnings and canopies
F
S
R
Both
Balconies
F
S
R
Both
Basketball backboard hoops, backboards and supporting posts
F
S
R
Both
Bay windows
F
S
R
Both
Compost pile/structures
R
Both
Decks, patios and outdoor fireplaces
S
R
Both
Dog houses
R
Both
Driveway pavement
F
S
R
Both
Fences (see fence regulations, § 157.066)
F
S
R
Both
Fire escapes (open) and fire towers
S
R
Both
Flag poles
F
S
R
Both
Garages (detached), coach houses and carports (see garage regulations, division (D)(1) below)
S
R
Both
Gazebos
S
R
Rsd
Open off-street parking (in a residential district open parking must be within 30 feet of the rear lot line or alley)
F
S
R
Both
Ornamental light standards
F
S
R
Both
Passive elements of solar collectors, entry air locks, shading screens, other passive or silent energy conserving facilities (not more than 10 feet high nor a length longer than 20% of the wall of the principal building to which the facility is attached or adjacent)
F
S
R
Both
Permanently anchored lawn furniture (garden furniture and decorations such as benches, sundials, birdbaths, statues, sculpture and art work)
F
S
R
Both
Playground and laundry drying equipment
R
Rsd
Playhouses
S
R
Rsd
Sheds and storage structures for garden equipment (sheds for propagation or keeping of birds, poultry or livestock are prohibited)
R
Rsd
Steps, open (shall not be less than one foot from a lot line)
F
S
R
Both
Swimming pools a minimum of 6 feet from the property line
S
R
Rsd
Tennis courts
S
R
Both
Terraces at grade
F
S
R
Both
Transformers
F
S
R
Both
Vehicular storage of any vehicles
R
N-rsd
Vehicular storage of boats and recreational vehicles (in residence districts, not more than 1 truck with a gross weight of 11,000 pounds or more, or one trailer with a gross weight of 5,000 pounds or more, and not more than 1 motorized mobile camping unit, boat and/or boat trailer may be parked in a side or rear yard, but not in a front yard, side yard, or in any court area which opens toward a public street, except in a driveway)
S
R
Rsd
Table 3-A includes yard obstructions attached to the principal or a secondary structure as well as freestanding accessory buildings, structures and uses
 
   (D)   Special regulations applicable to particular accessory structures and uses.
      (1)   Garages. Garages for town landmarks and structures in designated historic districts shall be subject to the following requirements.
         (a)   Height.
            1.   For garages with flat and mansard roofs, height requirements for accessory buildings apply, as set forth in division (B) above.
            2.   All garages without flat or mansard roofs shall be no taller than three-fourths the height of the main house, measured to the roof apex, and in no case shall exceed 28 feet in height.
         (b)   Yards. All garages shall meet the setback requirements for accessory structures, as set forth in this section.
         (c)   Roofs. The roof of the garage shall be compatible in pitch and shape with the roof of the main house.
      (2)   Residential recreation facilities. The use of residential recreational facilities such as tennis courts and swimming pools shall be limited to the occupants of the residence and their guests.
      (3)   Accessory parking lots in single household residential districts. Parking lots shall not be permitted as an accessory use in any single household residential district except when authorized in a zoning district or as part of a planned development approved under this chapter.
(Ord. 1997-1, § 130.3(G), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001)