(A) Intent. Accessory uses shall be permitted in all zone districts in accordance with the provisions of this section. Accessory uses:
(1) Shall be incidental and subordinate to, and commonly associated with, the operation of the principal use of the lot;
(2) Shall be operated and maintained under the same ownership and on the same lot as the principal use;
(3) Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served;
(4) Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this chapter; and
(5) Shall not be permitted prior to the erection and operation of the principal use, unless a temporary improvement location permit is obtained in accordance with § 156.076 of this code.
(B) Interpretation.
(1) Such appurtenant features as walks, driveways, curbs, drainage installations, retaining walls, mailboxes, lamp posts, bird baths and structures of a like nature, are allowed without permits. (See § 156.068 of this code.)
(2) The growing of vegetation, provided it is not for profit, is allowed without a permit.
(3) The keeping of domestic pets, provided it is not for profit and not construed as a kennel, is allowed without permit.
(4) Fences, walls and structural screens are allowed without permit when they do not impede intersection visibility. (See § 156.068 of this code.)
(C) Application of accessory uses.
(1) Such buildings or structures as garages, carports, canopies, porte cocheres, patios, outdoor fireplaces, bath houses and cabanas, doghouses, children’s play equipment, greenhouses and similar accessory buildings or structures;
(2) Off-street motor vehicle parking and loading areas: As set forth in § 156.078 of this code; provided, however, for residential uses, not more than one such space shall be provided for a commercial vehicle of more than three tons capacity (manufacturer’s rating);
(3) Signs: As set forth in § 156.068 of this code;
(4) Swimming pools.
(a) No person shall construct, remodel or alter any swimming pool until a permit to do so is obtained from the Building Commissioner. An application for such permit shall be filed with the Building Inspector, on a form furnished by him or her, together with the plans and specifications for such pool. The Inspector shall examine such plans and specifications to determine whether or not the pool will comply with the provisions of this chapter. If it appears that the pool will comply therewith, he or she shall note his or her approval on the plans and specification and shall issue a permit authorizing the work to proceed.
(b) The Building Inspector is authorized to enter on any premises to determine whether or not the owner has complied with the provisions of this chapter.
(c) For the purpose of this section, the phrase FAMILY SWIMMING POOL shall mean and include an artificial body of water, with a controlled water supply, designed for wading and swimming and used or intended to be used, solely by the owner, or lessee thereof, and his or her family and by friends invited to use it without payment of any fee. No FAMILY SWIMMING POOL shall be constructed except on the same lot as the owner’s dwelling or on a vacant lot immediately contiguous thereto if it is under the same ownership as the dwelling. The following conditions must be met if the pool is to be located on the same building lot as the dwelling of the owner.
1. The pool must be constructed in the rear yard but not closer at any point than ten feet from the building itself.
2. The pool must be enclosed by a fence in the manner set forth below and at no point may the fence be closer than ten feet to any property line.
3. A fence surrounding or partially surrounding a pool shall not be closer than six feet to the edge of the pool at any point. (See § 156.068(G)(4) of this code.)
4. The surface area of the pool may not exceed 25% of the area of the rear yard.
(d) When a pool is located on a lot contiguous to the lot on which the owner’s house is located and under the same ownership as the dwelling the following conditions must be met.
1. No part of the pool shall be located forward of the setback line of the owner’s dwelling.
2. No part of the pool shall be closer than ten feet from the owner’s dwelling and no closer than 16 feet from any property line of any other property owner.
3. No pool shall be built across any property line regardless of the ownership thereof.
4. If the contiguous lot has frontage on a street other than that on which the owner’s dwelling is located, no part of the pool shall be forward of the minimum setback line.
(e) It shall be unlawful for any person to make, continue or cause to be made or continued at any pool, any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the person who is in the pool premises shall be unlawful.
(f) Lights to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises and streets.
(5) Amateur radio-sending and receiving antennas, provided the height thereof, including masts, shall not exceed 75 feet measured from finished lot grade;
(6) Management office in multi-family dwelling or apartment use, and other facilities normally associated with tenants’ conveniences, such as vending machines and washing machines, provided there is no exterior display;
(7) Fall-out shelter;
(8) Residential occupancy by domestic employees employed on the premises;
(9) Foster family case where children unrelated to the residents by blood or adoption are cared for, provided that no sign shall be displayed;
(10) Stables and animal pens, on residential lots of at least three acres; provided, however, any structures, pens or corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in sound-proof air conditioned buildings, in which case the required setback line is 100 feet; (See § 156.051 of this code for other stables and raising and breeding non-farm fowl or animals.)
(11) Storage areas, as regulated in applicable sections of this chapter;
(12) Private residential garages and carports for the storage of motor vehicles, which are clearly accessory and not for commercial purposes;
(13) Storage or parking of recreational vehicles in the open subject to the following conditions:
(a) In any district the wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of said types of mobile structures;
(b) Recreational vehicles may be stored or parked by the owner thereof behind or alongside the primary building in such a manner that no part of any such vehicle shall project beyond the
front or side setback lines of the lot;
(c) Not more than two recreational vehicles will be permitted to be parked or stored in the open on residential property at any one time; provided, however, that one additional such vehicle be permitted for visitation for seven consecutive days and not to exceed 14 days in any one year, in accordance with§ 156.076;
(d) At no time shall such parked or stored recreational vehicle be occupied or used for living, sleeping or housekeeping purposes, except as provided for visitations in division (C)(13)(c) above; and
(e) Notwithstanding the provisions of division (C)(13)(d) above, recreational vehicles may be parked anywhere on the premises for loading or unloading purposes, for not longer than a period of 48 consecutive hours in any one-week period. (See § 156.068 of this code.)
(14) Storage of a continually unoccupied mobile home is only permissible in a Business or Industrial District at a location legally qualified to render storage for said mobile home; and
(15) Satellite (earth) television antennas in accordance with the following standards.
(a) There shall be one satellite television antenna permitted per residential lot.
(b) In all districts, a satellite television antenna having a diameter greater than four feet shall be located on the ground upon and within a poured concrete foundation to the rear of the principal building on a lot, and within the building area, and shall not exceed 13 feet in height or the height of the main structure, whichever is less.
(c) In all districts, a satellite television antenna having a diameter of four feet or less may be located on the principal building or an accessory building on a lot, and shall not exceed a height of more than four feet above the roof on which it is mounted, subject to the particular height requirements of the district. When an antenna having a diameter of four feet or less is located on the ground, all requirements contained in division (C)(15)(b) above shall apply.
(d) The satellite television antenna shall be screened from view by a fence or natural plants and can be located in a side yard to the rear of the building setback lines if, in the opinion of the Building Inspector, the antenna can be adequately screened from view.
(e) No satellite television antenna shall be linked to a receiver which is not located on the same lot or parcel of real estate.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004) Penalty, see § 156.999