1135.04  ACCESSORY BUILDINGS AND REAR DWELLINGS.
   On a lot containing a dwelling, except an apartment or tenant house or hotel, a building for accessory use may be erected and may occupy not over fifty percent (50%) of the rear yard of such dwelling; an accessory building behind an apartment dwelling shall not cause the rear yard to be reduced below the minimum size required by this Zoning Code.  No accessory building shall be erected so as to project nearer to the street line than the minimum distance allowed for any principal building.  No accessory building, and no building other than the principal building, shall be erected so as to exceed one and one-half stories or sixteen feet in height.  No building shall be erected, designed, intended or arranged to be used for living or dwelling purposes where such building is located, or to be located, on or within not more than forty feet from the rear lot line or within the minimum prescribed rear yard or otherwise behind the principal building, except on a corner lot fronting upon two intersecting streets where such corner lot is of sufficient size so that the lot occupancy and yard and other open area requirements are complied with.  No nonconforming building in the rear of the principal building or on the same lot or in the required rear yard area of a lot shall hereafter be repaired, improved or extended except by permission of the City Planning Commission, where such building has deteriorated to an extent of more than fifty percent (50%) of its fair value or where, in the opinion of the City Planning Commission, such period of time has elapsed since its construction to allow for its amortization.
   Fences and small incidental structures used for children's recreation shall not be subject to the requirements for the principal building or the accessory building, but no "spite fence" shall be erected or maintained.  For the purposes of this Zoning Code, a "spite fence" is any fence of such height or character as to block access of light and air to any ground floor window or upper window or to interfere with the reasonable use of a person's property.  In any case, no fence shall be erected higher than six feet.
   Accessory buildings, except for a garage built into, or made a structural part of, a dwelling, shall be located only in the rear yard and within a minimum distance of two feet from the rear lot line and within a minimum distance of fifteen feet from the principal building and, unless connected with the garage of a neighboring lot by a fire wall, shall be located within a minimum distance of two feet from the side lot line, but in no case less than four feet from any other building unless provided with a fire wall.
(Ord. 1983-26.  Passed 4-26-83.)