Subject to the provisions of this and other City codes and ordinances, the following accessory uses and structures are permitted in the R-l, residential estates district:
A. One (1) guesthouse per principal residential structure.
B. Private garage, provided that:
1. Such structure shall not encroach upon the front, side, or rear yard setback requirements of the principal or main structure in this district; and
2. Such structure shall not encroach upon any utility, street, drainage, or alley easement.
C. Private swimming pool, tennis courts, and recreation and play area, either individually owned or operated on a nonprofit basis primarily for area residents.
D. Private pumphouse.
E. Private greenhouse (not operated for commercial uses) and gardens or areas for raising of agricultural crops, but not areas for the raising of livestock except for Chickens. Chickens or laying hens may be kept and maintained so long as the provisions of this code pertaining thereto are complied with:
1. Such chickens or laying items are maintained on land upon which the owner or occupant resides;
2. Chickens or laying hens may only be kept under the following conditions:
a. No more than six (6) chickens or laying hens;
b. Roosters are not allowed;
c. The chickens are kept within a designated chicken coop and chicken run;
d. The chicken coop and chicken run shall be located in the rear or backyard of a residential property. No part of the coop or run shall be located in the side or front yard;
e. The chicken coop and chicken run shall be attached and shall be located no closer than ten (10) feet from any side or rear property lines and no closer titan twenty-five (25) feet from any dwelling unit other than the owner's. Movable chicken enclosures are permitted as long as they meet the setbacks as indicated in this paragraph;
f. The minimum size for a chicken coop shall be four (4) square feet per animal and the chicken run shall be eight (8) square feet per animal;
g. During daylight hours, the chickens shall have access to a chicken run and a chicken coop;
h. Chicken coops shall be predator resistant and any open walls or windows shall be designed to prevent access by predators;
i. Chicken runs shall be adequately fenced and protected from predators;
j. Water shall be provided onsite and accessible to chickens at all times;
k. All chicken enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting material from creating a nuisance or unsanitary condition due to odor, vermin, debris, or decay.
3. Outdoor slaughter of chickens is prohibited.
4. Electrical and heat sources shall comply with the City's building code.
F. Portable storage and roll-off trash containers.
1. Applicability. The provisions of this section shall apply to the location and duration of use of portable storage containers and roll-off trash containers as herein defined on any property within the City of Purcell.
2. Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection. Where terms are not defined in this section, and are defined in other adopted ordinances, such terms shall have the meaning as ascribed to them as in those ordinances. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings as the context implies.
a. Portable storage container means any self-supporting container, usually metal or metal-framed, designed and used for the hauling and storage of personal or business property of a non-hazardous nature which may be either rented, leased or owned by owners or occupants of property for their temporary use and which is typically delivered and removed by truck. Portable storage containers shall include, but not be limited to, semi-trailers, tractor trailer vans and/or van trailers, whether wheels and axles are attached or not attached; self-storage containers and portable storage units (PODS); or any other similar structures. Height and length measurements of these units are not a determining factor of their control as all are included.
b. Roll-off trash container means a large metal container designed and used for the temporary storage of refuse, rubbish, trash, garbage, junk, debris, offal, or any material rejected as useless and fit only to be thrown away. Such container is typically rented or leased to owners or occupants of property for their temporary use and which is typically delivered and removed by truck. This term shall not be interpreted to refer to a "trash container" or "dumpster" that is stored in a more permanent manner on the property and is required to be screened from public view. This term shall not be interpreted to include recycling facilities.
3. Condition and maintenance. All portable storage containers and roll-off trash containers shall be delivered and maintained in good condition, free from rodents, insects, graffiti, vulgar and/or pornographic words or pictures. It shall be the responsibility of the property owner or occupant and the supplying company to maintain the portable storage containers or roll-off trash containers in accordance with the provisions of this section.
4. Placement and duration of use.
a. Temporary. On all property zoned or used for residential, commercial, or industrial purposes, storage containers or roll-off trash containers may remain in use only so long as a valid building or trade permit is in place for the property on which the container is placed. No separate permit is required so long as the use is indicated on the approved site plan or building permit for the project. When no building permit is in effect, a roll-off container and/or portable storage container may not be placed on a lot for more than thirty (30) days unless authorized in writing by a code enforcement officer. In residentially zoned areas, the container must be placed on the driveway or other approved pavement, and may not extend into the public right-of-way. Should existing site conditions not allow for the placement of a portable storage container or roll off trash container in full compliance with these provisions, exceptions may be considered and written approval granted on a case-by-case basis by a Code Enforcement Officer of the City of Purcell.
b. Seasonal. Portable storage containers may be temporarily located on property that is zoned for commercial or industrial use for no more than three (3) months within the same calendar year, provided that a building permit is issued for each such container. Containers cannot be vertically stacked, and should not be placed in front of the principle structure, but must be located at the side or rear of the structure to minimize any visual impact from abutting streets. As a temporary use, they may occupy no more than ten percent (10%) of the required parking for the on-site principal use.
c. Permanent. Storage containers may be permanently located on property zoned or used for industrial purposes provided that a building permit is issued for the container, which must be properly anchored or tied down to resist lateral movement or overturning. If over four hundred (400) square feet, containers must be placed on a permanent foundation. Containers may not be permanently located in areas that are zoned commercial. Containers may not be placed in front of the principle structure, must observe all required setbacks, and may not be placed within any right-of-way, utility easement, or required landscape area. In industrial areas, such containers are exempt from the requirement to be clad in masonry material, but must be located at the side or rear of the lot, and painted in a muted color that complements the principle structure on the lot. If the lot is not already screened from abutting residential uses, opaque screening must be installed to at least screen the container from abutting residential use. Signs relating to the on-site business may not be permanently or temporarily attached to any container that will be permanently located on a site.
d. Residential. In areas which are residentially zoned, when no building or trade permit is in effect for the property, a portable storage container may be placed on the driveway or other approved pavement for a period not to exceed fourteen (14) days, provided that the container is not located within any public right-of- way and does not block any public sidewalk. The Code Enforcement Officer may, but is not required to, grant one (1) fourteen (14) day extension, for good cause, when requested in writing. A container may not be placed on the same property more than three (3) nonconsecutive times in a one (1) year period. Failure to remove a container after the initial fourteen (14) day period, unless extended, may result in charges filed by the city for failure to comply with this section. Such containers may not be permanently located in areas that are residentially zoned.
e. Nonconforming uses. Any portable on demand storage unit in existence as of the effective date of the ordinance from which this subsection is derived which is in violation hereof shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, or altered except that such uses may be changed so as to comply with the provisions of this subsection. Such uses as are deemed nonconforming uses pursuant to the terms of this subsection shall be permitted to continue for a period of one (1) year after the adoption of the ordinance from which this section is derived, unless such use is terminated for any reason whatsoever prior thereto for a period of ten (10) days or more, thereafter such nonconforming use shall terminate or come into compliance with the terms of this section.
G. Solar collectors, as a part of a structure, when used for the purpose of providing energy for heating or cooling of related principal structures.
H. Uses and structures clearly incidental and necessary to the permitted principal uses and structure in this district, provided that:
I. Such structures and uses shall not involve the conduct of business, except home occupations, on the premises.
1. Such structures and uses shall not include barns or sheds for the keeping of livestock or other agriculturally related machinery or material; except for chickens;
2. Such structures and uses shall not encroach upon the front, side, or rear yard setback requirements of the principal or main structures in this district; and
3. Such structures shall not encroach upon any alley, utility, or drainage easement.
(Code 1991, § 12-232; Ord. No. 13-02, § 1, 1-7-2013)
HISTORY
Amended by Ord. 18-06 on 7/2/2018