1. No accessory building shall be constructed upon a lot for more than six months prior to beginning construction of the principal building. No accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction; however, in no event shall such building be used as a dwelling unless a certificate of occupancy shall have been issued for such use.
2. In no event shall an accessory building be used as a dwelling.
3. In no event shall a portable storage container be used as permanent storage/accessory building within any residential district.
4. No accessory building shall be constructed in the required front yard or in the required side yard along the principal building.
5. No accessory building shall be erected in or encroach upon the required front yard and meet the required building setback on the street side yard on a corner lot or the front yard of a double frontage lot.
(Ord. 732 - May-23 Supp.)
6. Detached accessory buildings or structures shall not be placed or built in any easement and shall not be any closer than five feet from the principal building, other accessory buildings, or structures.
(Ord. 683 – Sep-19 Supp.)
7. The principal structure and detached building shall remain as separate structures and maintain the required separation distances found in Subsection 6 above.
(Ord. 683 – Sep-19 Supp.)
8. When a detached garage has access to an alley, the rear yard setback shall be increased to 20 feet for garages directly accessing the alley from the garage and door is parallel to the alley. Otherwise it shall be a minimum of five feet.
(Ord. 683 – Sep-19 Supp.)
9. Accessory building size limitations are as follows:
A. With the exception of a detached garage, the total of all accessory buildings shall not exceed two and one-half percent of the total lot area within the AR District.
B. The total of all accessory buildings in all other residential districts shall not exceed 30 percent of the area of the required rear yard extended to the principal building.
(Ord. 683 – Sep-19 Supp.)
10. All swimming pools shall comply with the current adopted edition of the International Residential Code, Chapter 42, and the current adopted edition of the International Property Maintenance Code Chapter 3, all subsequent versions.
(Ord. 732 - May-23 Supp.)
11. Detached private garages and accessory buildings in the Residential Districts within the corporate limits of the City for automobiles and/or storage use and other structures customary and appurtenant to the permitted uses and detached accessory garages shall be constructed of materials customarily used in residential construction (i.e., but limited to wood or steel stud framing, sheathing, and exterior finish).
A. Such structures shall be constructed of materials that meet building code requirements.
B. The maximum overall height of said building shall be in accordance with the height and lot requirements for each zoned area in Chapter 165B.
C. Detached garages shall have an overhang of at least six inches.
D. Accessory buildings with a door that is greater than six feet wide shall require a concrete or asphalt driveway installed to an alley or existing driveway.
E. Accessory buildings larger than 150 square feet shall be constructed and finished in a manner that is similar and complimentary to, or compatible with, the principal building and the neighborhood (design, colors, roof line, and building materials) and shall not be clad in unpainted or galvanized metal. Any appeal from or waiver of this subsection shall be made to the Board of Adjustment.
(Ord. 683 – Sep-19 Supp.)
12. Regulations for accessory uses shall be as follows:
A. Except as herein provided, no accessory building shall project beyond a required yard line along any street.
B. Service station pumps and pump island may occupy the required yards, provided, however, that they are not less than 15 feet from street lines.
C. Storage and parking of any boat, boat trailer, camp trailer, or other vehicle shall not be permitted in the required front yard; except on the designated driveway. Said vehicles may be placed on crushed rock, semi-hard surfaced or hard surfaced area in a rear yard. The parking of any of these vehicles in a side yard shall be on a hard-surfaced area.
(Ordinance 659, dated August 3, 2017)
D. Vehicles not stored inside an enclosed garage or shed, but stored on a residential lot shall be limited to five per lot. Said lot shall be an occupied primary residence and not be vacant.
(Ordinance 659, dated August 3, 2017)
E. Farm implements shall not be allowed within any residential district smaller than one and one-half acres.
(Ordinance 659, dated August 3, 2017)
F. Watercraft of any size, not on a trailer, shall be stored inside an enclosed garage or shed.
(Ordinance 659, dated August 3, 2017)
G. Unattached pick-up toppers shall be stored inside a garage or shed.
(Ordinance 659, dated August 3, 2017)
13. Property owners of vacant lots in Old Town may apply for and obtain a conditional use permit pursuant to Section 165C.01 of this Zoning Code to have one garage or accessory structure without a residence, provided that the garage or accessory structure is placed within the boundaries of a rear lot to accommodate the later construction of a residence. Any vehicle storage on such a lot must be on a paved driveway.
(Ordinance 659, dated August 3, 2017)