The regulations regarding accessory buildings and uses shall be as follows.
(a) Limited use. Accessory buildings and uses are buildings and uses customarily incident to any of the permitted uses in the district in which it is located. In the A-1, RC, RR, RS, RD and RA districts, accessory buildings and uses are limited to:
(1) A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building;
(2) A private residential structure used only for the storage of noncommercial vehicles and other related material;
(3) Tennis court, swimming pool, garden house, pergola, ornamental gate, barbeque oven, fireplace and similar uses customarily accessory to residential uses;
(4) Home occupation in conformance with § 159.288; and
(5) Temporary storage and distribution of seed and similar type products provided the use is located within a farmstead, the product is stored within a completely enclosed building typical of farm buildings and the use is limited to the seasonal sale of products from the premises.
(b) Time of construction. No accessory buildings shall be constructed upon a lot until the construction of a main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used.
(c) Setback requirements.
(1) Accessory buildings which are attached to or located within 10' of the main building shall be considered a part of the main building and shall comply with the same yard requirements as the main building.
(2) Accessory buildings not a part of the main building, when located in the required rear yard, shall be no closer than 3' to the side and rear property lines.
(d) Location of accessory buildings. Accessory buildings shall not occupy more than 30% of the rear yard, subject further to the following limitations:
(1) In the A-1 and RC districts, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings when the buildings are located in a subdivision of more than four lots unless a conditional use permit has been approved;
(2) In all residential districts, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings unless a conditional use permit has been approved; and
(3) In a planned development district, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings unless a minor amendment has been approved.
Table 1 Total Permissible Area of Accessory Buildings | |
Size of Parcel | Total Permissible Area of Accessory Building Footprint |
1.0 acres or less | 1,600 Square Feet |
1.1 to 3.0 acres | 2,400 Square Feet |
3.1 acres or more | 3,600 Square Feet |
(e) Intermodal shipping/storage containers. An intermodal shipping/storage container larger than 120 square feet in size and placed on a parcel for longer than 90 days or used as a building component is a permanent accessory building allowed in the following manner:
(1) General requirements for permanent freestanding intermodal shipping/storage containers.
A. All other accessory building rules and setback requirements must be met.
B. An engineered design for a foundation and anchorage system of the wall to the foundation must be provided when a permanent intermodal shipping/storage container meets or exceeds any of the following criteria:
1. Exceeds 320 square feet in floor area; or
2. Exceeds ten feet in height; or
3. Is used for any purpose other than as a private storage building; or
4. Is accessed by the public; or
5. Must meet conditions attached to approval of any conditional use permit.
C. Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
D. No permanent freestanding intermodal shipping/storage container may be placed on a parcel without a principal building.
E. Any intermodal shipping/storage container placed before the effective date of this section must comply with the provision of this section if the intermodal shipping/storage container is to remain longer than 90 days.
(2) General requirements for intermodal shipping/storage containers used as building components.
A. An engineer must evaluate the plans for compliance with minimum site-specific wind, snow, flood, and seismic load requirements any time one or more shipping containers are used as components of a structure.
B. Structure must comply with any zoning and setback requirements for the zoning district.
C. Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
(3) In A-1 Agricultural and RC Recreation/Conservation Zoning Districts.
A. Parcels three acres or less in size are limited to no more than one intermodal shipping/storage container to be permitted on a parcel unless a conditional use permit is obtained to allow additional intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
B. Structures must comply with any zoning and setback requirements for the zoning district.
(4) In all residential zoning districts, no more than one intermodal shipping/storage container shall be permitted on a parcel unless a conditional use permit is obtained to allow additional freestanding intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
(5) In all industrial and commercial zoning districts, permanent freestanding intermodal shipping/storage containers must be placed behind the principal building or behind a six-foot-tall opaque privacy fence, unless the intermodal shipping/storage container is used in whole or as a component of the principal building.
(6) A freestanding intermodal shipping/storage container may be placed temporarily in any zoning district for longer than 90 days while an active building permit is issued for the property.
(1992 Code, App. C, § 15.07) (Ord. 20-02, passed 3-18-2002; Ord. 4-18, passed 1-23-2018; Ord. 24-24, passed 3-26-2024)