(a) Accessory structures, buildings and uses are allowed in all zoning districts and must remain within the impervious area coverage. Prior to construction or installation of any accessory structure a zoning permit as provided by Section 1102.02 is required.
(b) For residential districts or residential structures in other districts:
(1) Where an accessory structure is structurally attached to a main building it shall be subject to, and must conform to all regulations of this Ordinance applicable to the main building.
(2) An accessory structure including but not limited to a tool shed, storage building, detached garage, tree house or gazebo shall not be located in the front yard of any lot and if located in a side yard may not be located any closer to the front lot line than the existing front setback of the principal structure. On a corner lot, the accessory structure must be located no closer than the setback of the existing principal structure or the required front yard setback on the side street side.
(3) No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory, except on an abutting lot to a residential lot under the same ownership containing the principal building.
(4) All driveways and detached garages must be designed to conform to the existing adjoining grade. If the petitioner can demonstrate to the reasonable satisfaction of the City, that it is not feasible to have the foundation and driveway to conform to grade, appropriate screening can be a retaining wall with a finished exterior, a solid screen using landscaping or a fence or some other decorative treatment, which sufficiently reduces the visual impact of the foundation and driveway.
(5) Accessory structures shall also not be located closer than five (5) feet from any property line, or a distance equal to one-half (1/2) of the height of the accessory structure if it exceeds one (1) story or sixteen (16) feet measured to the peak of the building, whichever is greater. In areas where the principal building setbacks do not comform to current code, the accessory structure/building can be set to the set back of the principal building.
(6) No accessory structure or portion shall exceed a height of sixteen (16) feet above grade; except that no tree house may be taller than the highest point of the primary structure. Accessory structures may exceed the height of sixteen (16) feet upon application and approval of a special use permit as provided and in accordance with Chapter 1112.
(7) The square footage of all accessory structures shall not exceed 75 percent of the first or ground floor of the principal structure except upon application and approval of a special use permit as provided and in accordance with Chapter 1112.
(8) Accessory structures connected by open breezeways are considered separate structures.
(9) Handicap ramps or other devices required to make reasonable accommodation for residential purposes under the Fair Housing Act or the American with Disabilities Act are to be permited in the required front, side or rear yard setbacks provided that the maximum encroachment into a required setback is the minimum dimension required by the applicable building code for accessible ramps and that no other location is feasible outside the required setbacks.
(c) For Non-Residential Districts:
(1) Accessory structures shall meet all setback requirements and must remain within the impervious area coverage for the zoning district they are located in. On a corner lot, the accessory structure must be located no closer than the setback of the existing principal structure or the required front yard setback on the side street side.
(2) Structures connected by an open breezeway are considered separate structures.
(3) An accessory structure may not exceed twenty-five (25) feet in height. Accessory structures may exceed the height of twenty-five (25) feet upon application and approval of a special use permit as provided and in accordance with Chapter 1112.
(Ord. 2013-41. Passed 9-23-13.)