(A) When an accessory building or structure is attached to the main building, the extreme portion of the roof overhang shall be not less than four feet back from the side property line. Where an accessory building or structure is located in the rear of the front lot line by 50 feet or more and is not closer than 12 feet from any building used for residential purposes on the same or adjoining property, it may be placed so that the most exterior portion of the building or structure is no less than two feet from the side property line. In all cases, the building shall be no closer than two feet from the rear property line.
(B) In the case of corner lots, the most exterior portion of an accessory building or structure, whether or not it is attached to the main building, shall be no closer than ten feet from the property line on the side street (the street not parallel to the alley) and no closer than 20 feet from the property line on the street parallel to the alley.
(1) Consistency with residential district. Accessory buildings and structures shall not be inconsistent with the established and prevailing patterns and character of construction, architectural design and appearance of other existing buildings and structures in the neighborhood. Accessory buildings or structures whose overall or dominant construction, architectural design or appearance is more characteristic of or identifiable with industrial, commercial or agricultural buildings or structures shall be considered inconsistent with the district’s intended use and shall not be allowed.
(2) Size limitations. Accessory buildings or structures, including, but not limited to, garages, shall not exceed the following sizes with respect to the corresponding size of the lot on which they are situated:
Lot Size | Maximum Building Size |
0-10,000 square feet | 1,200 square feet |
Over 10,000 square feet | 1,600 square feet |
(3) Sidewall height limitations. The exterior sidewalls of accessory buildings or structures, including, but not limited to, garages, shall not exceed a height of ten feet. Sidewalls shall be measured from the ground to the roof line whether or not the roof has an overhang or eave.
(4) Established principal use. An accessory building or structure is an attached or detached subordinate building or structure on the same lot as, or part of, the main building and occupied by or devoted to a use incidental to the main use. An accessory use is a use that is subordinate to the main use on a lot and for purposes customarily incidental to those of the main use. Accessory buildings or structures are not permitted unless the lot has a main, principal or primary building or structure having a bona fide principal, main or primary use. A lot having a principal or main building or structure with a principal or primary use that is proven to be established and currently active on a bona fide basis shall be considered as having a bona fide principal use. A residence shall be considered a bona fide principal use if the dwelling is actually occupied on a bona fide basis by at least one natural person who is a bona fide permanent resident of the lot.
(5) Multi-level or multi-use accessory structures. The definitions, restrictions and criteria for permitting accessory buildings or structures in residential areas, including, but not limited to, those governing appearance, size and sidewall height, shall apply to and include buildings or structures having one level or part thereof devoted to a main or non-accessory use and another level or part thereof devoted to an accessory use, such as a building serving primarily as a garage, shop or vehicle storage on the ground level and having bedrooms, recreational rooms or other living space on the second or upper level.
(Prior Code, § 10-2B-7) (Ord. 4-120406, passed 12-4-2006; Ord. 12-080210, passed 8-2-2010) Penalty, see § 153.999