11-18-2: ACCESSORY USES AND BUILDINGS GENERALLY:
   A.   Time Of Construction: No detached accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
   B.   Exceptions:
      1.   Accessory buildings used for agricultural purposes as defined by this title are exempt from the area limits, height limits and building type and construction standards of this chapter and are regulated by chapter 25 of this title. (Prior Code § 20-18-2)
      2.   Accessory buildings, uses, and equipment within the R-MH District shall be as regulated by chapter 69 of this title. (Prior Code § 20-18-2; amd. 2018 Code)
      3.   For the purposes of this chapter, decks, gazebos, play equipment and similar unenclosed structures with a footprint less than two hundred (200) square feet and height of less than sixteen feet (16') are exempt from the accessory building number and area limits.
   C.   Detached Single-Family And Two-Family Uses:
      1.   Front Yard:
         a.   No accessory use, building, structure, or equipment shall be allowed within a required front yard.
         b.   No accessory building may be placed within a front yard within the R-C, R-4A, R-4, R-5, R-6, and R-7 Districts except for an attached garage.
      2.   No accessory building, structure, and/or detached garage for a single-family dwelling shall occupy more than ten percent (10%) of the area of the required rear yard in the A-1, A-2, R-C, R-1, R-2 and R-3 Zoning Districts or not more than twenty five percent (25%) of the area of the required rear yard in the R-4A, R-4, R-5, R-6, and R-7 Zoning Districts.
      3.   Setbacks and encroachments:
         a.   Attached accessory structures shall conform to principal building setbacks required for the zoning district in which the structure is located.
         b.   Detached accessory structures may encroach into required side or rear yard setbacks when located in the rear yard of the lot, but shall not encroach into the required setback for a yard abutting a public street of a corner lot:
            (1)   Detached accessory structures not exceeding two hundred (200) square feet in gross floor area shall be set back at least five feet (5') from side or rear lot lines abutting other lots or ten feet (10') from a rear lot line abutting a public right-of-way in the case of a through lot.
            (2)   Detached accessory structures with a gross floor area larger than two hundred (200) square feet shall be set back at least ten feet (10') from side or rear lot lines abutting other lots or twenty feet (20') from a rear lot line abutting a public right- of-way in the case of a through lot.
         c.   No accessory structure shall be located within a required buffer yard, drainage and utility easement or public right-of- way.
      4.   Attached accessory garages:
         a.   The minimum floor area of an attached garage shall be four hundred eighty (480) square feet.
         b.   The maximum floor area of an attached garage shall be one thousand eighty (1,080) square feet, except as provided by subsection C4c of this section.
         c.   Within the A-1, R-C, R-1, and R-2 Districts, the floor area of an attached garage may exceed one thousand eighty (1,080) square feet; provided, that the maximum floor area does not exceed one thousand five hundred (1,500) square feet or sixty five percent (65%) of the building footprint of the principal dwelling (not including the area of the attached garage), whichever is less.
      5.   Detached accessory buildings and structures within the A-1 and A-2 Districts:
         a.   The total floor area allowed for all detached accessory structures shall be as follows:
Lot Area
(Acres)
Maximum Total Floor Area Of All Detached Accessory Structures
(Square Feet)
Lot Area
(Acres)
Maximum Total Floor Area Of All Detached Accessory Structures
(Square Feet)
1.00 or smaller
1,080
1.01 to 2.00
1,500
2.01 to 3.00
2,000
3.01 to 4.00
2,500
4.01 to 5.00
3,000
5.01 to 6.00
3,500
6.01 to 7.00
4,000
7.01 to 8.00
4,500
8.01 to 9.00
5,000
9.01 to 10.00
5,500
10.01 and larger
6,000
 
         b.   For parcels located within the sewer service district or long range urban service area or those parcels with an area of five (5) acres or less, the total floor area of all accessory structures shall not exceed two hundred percent (200%) of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size, as outlined in this chapter, whichever is the least.
         c.   There is to be no more than two (2) detached private garages or accessory structures for each single-family dwelling.
      6.   Detached accessory buildings and structures within the R-C, R-1, R-2, and R-3 Districts:
         a.   The total floor area allowed for all detached accessory buildings shall be as follows:
 
Lot Area
(Acres)
Maximum Total Floor Area Of All Detached Accessory Structures
(Square Feet)
0.00 to 1.00
1,080
1.01 to 2.00
1,500
2.01 or larger
2,000
 
         b.   The total floor area of all accessory structures shall not exceed two hundred percent (200%) of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size as outlined in this chapter, whichever is the least.
         c.    There is to be no more than two (2) detached private garages or accessory structures for each detached single- or two-family dwelling.
      7.   Within R-4A and R-4 Districts:
         a.   The combined gross floor area of attached and detached accessory buildings shall be as follows:
 
Lot Area
(Square Feet)
Maximum Total
Floor Area Of All
Attached And Detached
Accessory Structures
(Square Feet)
Maximum Gross Floor Area Of A Detached Accessory Structure When An Attached Garage Exists On The Same Lot
(Square Feet)
0.00 to less than 18,000
1,280
200
18,001 or larger
1,440
360
 
         b.   In no case shall the floor area of an individual detached accessory building exceed one thousand eighty (1,080) square feet.
         c.   There shall be no more than one detached accessory structure with a gross floor area larger than two hundred (200) square feet per lot.
      8.   Within the R-5, R-6, and R-7 Districts:
         a.   No accessory detached building shall occupy more than two hundred (200) square feet when accompanied by an attached garage on the same lot, nor shall the combined total floor area of accessory detached structures and/or an attached garage exceed one thousand one hundred fifty (1,150) square feet.
         b.   There shall be no more than one detached accessory structure with a gross floor area larger than two hundred (200) square feet per lot.
   D.   Accessory Building Setbacks: Except as was otherwise noted, accessory buildings and uses for all principal uses other than single-family detached dwellings shall conform to the setback requirements specified for the respective zoning district in which they are located.
   E.   Accessory Building Gross Floor Area: Except in the case of single-family detached dwellings, accessory buildings shall not exceed thirty percent (30%) of the gross floor area of the principal buildings. In those cases where this standard is exceeded, a planned unit development conditional use permit shall be required.
   F.   Accessory Building Height: Except as expressly allowed by conditional use permit, accessory buildings shall comply with the following height limitations:
      1.   Maximum Height Generally:
Zoning District
Maximum Height
Zoning District
Maximum Height
   A-1
District limit but not higher than the principal building
   A-2
District limit but not higher than the principal building
   R-C
20 feet
   R-1
20 feet
   R-2
20 feet
   R-3
16 feet
   R-4A
16 feet
   R-4
16 feet
   R-5
16 feet
   R-6
16 feet
   R-7
16 feet
   INS
District limit but not higher than the principal building
   B-1
16 feet
   B-2
District limit but not higher than the principal building
   B-3
District limit but not higher than the principal building
   B-4
District limit but not higher than the principal building
   I-1
District limit but not higher than the principal building
   I-2
District limit but not higher than the principal building
   I-3
District limit but not higher than the principal building
 
      2.   Accessory Buildings: Accessory buildings other than garages shall be limited to ten feet (10') in height on all two-family or townhouse or multiple-family lots, except by conditional use permit.
   G.   Building Type And Standards:
      1.   Except for public uses owned by the City or as may be expressly allowed by this title or by conditional use permit subject to subsection H of this section, the same or suitable quality exterior finish building materials used for the principal building as allowed by section 11-17-4 of this title shall be used in all accessory buildings over two hundred (200) square feet.
      2.   Pole buildings, as defined in section 11-2-2 of this title, are allowed as a permitted accessory structure within the A-1 and A-2 Districts; provided, that the lot or parcel lies within the rural service area or urban service expansion area, as defined by the Comprehensive Plan.
   H.   Conditional Use Permits: Application for a conditional use permit under this chapter shall be regulated by chapter 4 of this title and may be granted; provided, that:
      1.   There is a demonstrated need and potential for continued use of the structure and the purpose stated.
      2.   In the case of residential uses, no commercial or home occupation activities, except as expressly permitted by and in accordance with this title, are conducted on the property. This restriction shall include the storage of materials and equipment which are unrelated to the on site residential use and activity.
      3.   The building has an evident re-use or function related to the principal use.
      4.   Accessory buildings shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare. (Prior Code § 20-18-2; amd. 2018 Code; Ord. 2021-03, 2-8-2021; Ord. 2022-02, 2-14-2022)