(A) An accessory building(s) shall not occupy more than 15% of a rear yard area in the RE1, to R3, NR1, and NR2 Districts. At no time shall a single accessory building exceed an area of 1,200 square feet. In the RU1 District accessory buildings shall have a maximum size of 2,500 square feet on properties less than five acres in size, 3,600 square feet on properties between five and ten acres, and 5,000 square feet in size for properties greater than ten acres in size.
(B) Any accessory building closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.
(C) If an accessory building is more than ten feet from the main building on a lot, the accessory building may be built in a rear yard, provided the accessory building shall not be located nearer than two feet to any side or rear lot or nearer than five feet to any alley or similar right-of-way easement abutting the rear or side of the lot. This shall not be construed as requiring a side yard greater than would otherwise be required. An accessory building located under this provision must be at least 60 feet from the actual front street curb line or, if no curb, where the same would be located as determined by the Director of Utilities and Engineering.
(D) Where a garage is entered from an alley, it must be kept ten feet from the alley line or sixteen and one-half feet from the centerline of the alley, whichever is more.
(E) On corner lots, the minimum buildable width of 28 feet (see § 162.062(B)) for main building is reduced to 22 feet for accessory buildings.
(F) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes; provided, however, that the provisions of this division shall not apply during any period or periods during which the City Council, by resolution, shall declare that a housing emergency exist.
(G) Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental feature projecting not to exceed 12 inches.
(H) An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.
(I) (1) Heating and air conditioning units shall not be placed in the required front yard. Heating and air conditioning units may be permitted in side yards, provided:
(a) A three foot clear area is provided between the unit and the property line to permit emergency personnel to pass safely without obstruction;
(b) Where a commercial use abuts a residential use, heating and air conditioning units shall only be permitted in the rear yard or the roof;
(c) Existing heating and air conditioning units which do not conform with the above provisions may continue to operate as nonconforming uses. A nonconforming heating and air conditioning unit may be replaced with a unit equal to or smaller in physical size and quieter; and
(d) Variation from the provisions of this division may be authorized by application to the Inspection Office. Upon review of the application by the Building Official and Fire Chief and determination that an exceptional or unusual physical arrangement of a home on a lot exists which would prevent the location of a heating and air conditioning unit in another yard area and public health and safety will not be compromised by the proposed location, a variation may be granted. A denial by the Building Official and Fire Chief is subject to appeal to the Zoning Board of Appeals.
(2) The above provisions do not apply to window air conditioning units.
(J) Temporary vendor buildings or tents are required to obtain a building permit, which is valid for a six-month period between March 15 and December 31. Temporary vendor buildings shall be immediately removed from the property when not in use or on or before December 31. Adequate off- street parking shall be provided and the building shall not reduce the required off-street parking of the permanent enterprise. Restrooms are required to be available to the public and be located within 300 feet of the temporary vendor building.
(K) On corner lots in R districts with widths of 60 feet or less, accessory buildings may be built no closer than ten feet to the side street right-of-way.
(L) The parking of not more than one unoccupied recreational vehicle in the rear yard or side yard only is hereby permitted; provided that, no recreational vehicle shall be used or occupied for any residential, commercial or industrial use, except as specifically permitted by this chapter; and provided further that, the parking of a recreational vehicle, if parked in the side or rear yard, shall comply with the yard requirements for accessory buildings of the district in which it is located.
(1980 Code, § 29.704) (Ord. 8898, passed 1-29-2001; Ord. 9104, passed 4-2-2007; Ord. 9240, passed 7-29-2013; Ord. 9339, passed 7-16-2018; Ord. 9400, passed 3-16-2020) Penalty, see §
162.999