The following accessory uses are permitted or conditionally permitted as shown in the Use Table.
(a) Accessory Structures.
(1) No accessory structure shall be erected or constructed prior to the erection or construction of the principal building, except for a temporary building incidental to the construction of the principal building.
(2) No accessory buildings shall be located closer to a side or rear lot line than five feet except in the Traditional Neighborhood District where three feet is the minimum setback to the side or rear lot line.
(3) A detached accessory building shall only be permitted in the rear yard. An accessory building connected by a breezeway or similar structure, not less than six feet in length, shall be permitted in the side or rear yard. Accessory buildings shall be at least ten feet from any dwelling or principal structure situated on the same lot and shall not, in the aggregate, occupy more than 30% of the required rear yard.
(4) No accessory building shall be used as a dwelling except in the Traditional Neighborhood District.
(5) An accessory building in the R-1, R-2, and R-3 Zones and in the Traditional Neighborhood District (TND) may not exceed 1,000 square feet in total gross floor area unless all of the following are satisfied:
A. The property has a total area of one acre or larger.
B. The accessory building meets the setback requirements applicable to a principal structure on the lot.
C. The gross floor area of the accessory building is not more than 80% of the gross floor area of the principal structure.
(6) Accessory structures in the CC, NC, and IIM Zones shall be:
A. No greater than 199 square feet in total gross floor area.
B. Clad in the same predominant exterior wall materials as the principal building and shall match the principal building in its most predominant color.
(7) A maximum of one accessory building is allowed per lot in the CC, NC, and IIM Zones.
(8) Non-building accessory structures, such as public utility installations, walks, driveways, curbs, retaining walls, mailboxes, nameplates, lampposts, bird baths, flag poles, and structures of a similar nature, are permitted in any required front, side or rear yard.
(b) Accessory Dwelling Unit (ADU). An accessory dwelling unit (ADU) may be established only in the TND through new construction, conversion of an existing structure, addition to an existing structure, or conversion of an existing house to an ADU while simultaneously constructing a new primary dwelling on the site where there is adherence to all zoning regulations for both structures. A permit is required for the construction or addition of an ADU. The following standards apply to ADU’s:
(1) Only one ADU is allowed on a lot;
(2) Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling;
(3) The property owner must permanently reside in either the principal unit or the accessory unit;
(4) The maximum size of a detached ADU is 800 square feet of floor area and the maximum height must adhere to the accessory dwelling height maximum for the respective zone or district. All other requirements for an accessory structure must be met;
(5) If the accessory dwelling unit is located within the principal unit, the principal structure must be at least 1,000 square feet and the accessory unit cannot exceed one-third of the total floor area of the structure. If the principal structure has more than one story, the maximum floor area of an accessory dwelling unit may be equal to that of the first floor, but shall be less than or equal to 50% of the total floor area of the structure;
(6) There must be a sidewalk from the street to the primary entrance of a detached accessory unit;
(7) An accessory unit on the upper floors of the principal structure shall have an interior stairway to the primary entrance of the accessory unit. Secondary stairways may be located on the exterior, but not on the front exterior of the building;
(8) Provided that the parking requirement is met for the principal one-family dwelling, no additional parking is required; and
(9) All utilities extended to serve the ADU must be underground.
(c) Private Swimming Pool. Private above-ground or below-ground swimming pools may be constructed as an accessory use to any primary use. The following standards apply:
(1) A permit is required prior to the construction of all permanent swimming pools with a depth greater than four feet.
(2) Permanent swimming pools are permitted in the side or rear yards only and must be set back at least ten feet from side and rear property lines.
(3) Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.
(4) Permanent swimming pools with a depth of more than two feet must be enclosed by a protective fence or barrier at least four feet in height. The fence must include self-closing, lockable gates or entrances. Openings in the barrier shall not allow passage of a four-inch or greater diameter sphere. Solid barriers, which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacings between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.
(5) Maximum mesh size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches.
(6) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches.
(7) Access gates shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall be located on the pool side of the gate at least three inches below the top of the gate and the gate and barrier shall have no opening greater than 0.5 inch within 18 inches of the release mechanism.
(8) Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:
A. The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or
B. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or
C. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the Building Inspector, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by division (c)(8)A. or B. of this section described above.
(Ord. A-3075. Passed 1-24-22; Ord. A-3146. Passed 8-28-23; Ord. A- 3164. Passed 1-8-24.)