1173.06 REGULATION OF ACCESSORY USES AND BUILDINGS.
 
It is the purpose of Section 1173.06, inclusive of this Ordinance, to regulate accessory uses in order to promote the public health, safety and welfare. It is the intent of this Section to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties. This Section shall apply to the location and maintenance of accessory uses as herein defined. A Zoning Permit is required.
(Ord. 99-45. Passed 7-13-99.)
 
      A.   General Requirements
 
         Except as otherwise provided in this Ordinance, an accessory use or structure shall be permitted in association with a principal use or structure provided that:
 
         1.   It shall not contain or be used as a dwelling unit. 
 
         2.   It shall not exceed fifteen feet (15') in height.
 
         3.   It shall meet all yard requirements of the principal use, except as modified by the District Regulations in Chapters 1151 through 1167.
 
         4.   An accessory building may be detached from the principal building or erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.
 
         5   Except as provided in Section 1173.09, accessory buildings shall only be erected in a rear yard, and shall not occupy more than thirty-five percent (35%) of the rear yard.
            (Ord. 2000-52. Passed 6-20-00.)
         6   All accessory buildings shall be erected at least six feet from any dwelling which it is not an integral part of and shall be at least six feet from any other accessory building, and shall be at least five feet from all lot lines of any adjoining lot within any R District. No part of any accessory building shall be erected on any lot at a distance greater than 250 feet from the street right-of-way line located at the front of the lot.
            (Ord. 2001-71. Passed 9-4-01.)
 
      B.   Accessory Elderly-Dwelling Unit
 
         Notwithstanding the provisions of Section 1173.03 of this Ordinance, an owner-occupied, single-family dwelling unit may be converted to allow the incorporation of one (1) additional dwelling unit for the exclusive occupancy of an elderly household, a member of which shall be an elderly person related to the owner of the single-family dwelling unit. Such accessory elderly dwelling unit shall be wholly contained within the existing principal building or shall be attached to it by a common wall, floor, or ceiling. The application for the Zoning Permit for such conversion shall be accompanied by an affidavit attesting to the owner's present occupancy of the dwelling unit and to the age and relationship of the elderly person.
 
      C.   Retail Sales and Services as an Accessory Use
 
         Retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not for the general retail public. In hospitals and clinics these accessory uses may include drug stores, florists, gift and book shops, and cafeteria institutional settings; office buildings, hotels, country club houses, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, beauty and barber shops.
 
      D.   Accessory Buildings Used for Storage
 
         Accessory buildings used for storage shall not include the use of temporary structures including tents, trailers, mobile homes, auto or truck bodies, beds, boxes, trailers, truck caps and campers, or railroad cars whether affixed to a permanent foundation or not. Accessory buildings used for storage shall otherwise meet all other zoning setback, height, area, and percent of lot coverage requirements for the particular use or district in which located, and shall be maintained in good condition.
         (Ord. 99-45. Passed 7-13-99.)
 
      E.   Construction Prior to Main Building in any R District
No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, except for use to store tools and materials during construction of the principal or main building. (Ord. 2000-52. Passed 6-20-00.)