(A) Permitted. The following accessory buildings shall be allowed as permitted uses, subject to the requirements of division (I) below:
(1) R-1 and R-1A, Single-Family Zones.
(a) One attached garage;
(b) One detached garage or one accessory building-major greater than 200 square feet in floor area. No more than two garages, (only one of which may be a detached garage), shall be allowed on any single-family parcel;
(c) One accessory building-minor no greater than 200 square feet in floor area meeting the requirements of this subchapter;
(d) Accessory uses which are not accessory buildings, including swimming pools, hot tubs, play structures, animal shelters, and rubbish container screens of no more than 36 square feet in area, and landscape elements that do not provide any shelter for human occupancy, provided all other conditions and performance standards are met;
(e) Unless attached to and made a part of the principal building, no eave or other portion of an accessory building may be closer than five feet measured horizontally from any eave or other portion of a principal or accessory building; and
(f) All accessory buildings constructed after the construction of the principal building must be designed and constructed in a manner consistent with the design and general appearance of the principal building. Accessory buildings constructed of canvas, plastic, fabric, or other similar non-permanent materials shall be prohibited, with the exception of temporary structures regulated by § 154.190.
(g) Accessory recreational uses may be allowed pursuant to the requirements of § 92.06(B)(1)(b).
(2) Attached and multi-family buildings. Attached and multi-family buildings in the R-2, R-3 and R-4 Districts are allowed one accessory building-major of up to 500 square feet in area, and one accessory building-minor of 200 square feet or less per complex, plus detached garage structures as needed to meet the requirements of the Zoning Code for off-street parking.
(3) Commercial or Industrial Districts. No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit.
(4) Building standards. All accessory buildings in excess of 200 square feet shall be constructed to the standards of the State Building Code. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form. Carports shall only be permitted as attached structures, and shall also comply with the architectural requirements of this section.
(B) Accessory buildings without a principal building. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is an accessory unless authorized through an agreement as prepared by the City Attorney and approved by the City Council.
(C) Accessory dwelling units. Detached accessory buildings shall be prohibited from containing complete independent living facilities (accessory dwelling units), which would include permanent provisions for living, sleeping, eating, and sanitation.
(D) Driveways. Driveways shall be required for doorway openings meeting or exceeding eight feet wide by seven feet tall. All driveways must meet the standards as outlined in § 154.179.
(E) Drainage and utility easements. No part of an accessory building shall extend into a drainage and utility easement or any required setback.
(F) Landscape elements. Landscape elements, such as vegetation, gardens, statuary, and the like shall be allowed in all yards, provided other applicable regulations are met. Retaining walls shall be considered fences for the purposes of this subchapter.
(G) Enclosures for rubbish, recyclables, and other waste. Enclosures, where allowed, shall be required to be constructed of materials that match the materials used on the principal building exterior, and shall be located in accordance with § 151.06.
(H) Detached garage accessory building materials. Detached garages accessory buildings accessory to attached and multiple family residential dwellings, or any commercial or industrial use, shall be constructed of materials that match those used on the principal building.
(I) District performance standards - accessory buildings and uses. Unless otherwise specified in this chapter, all accessory buildings and/or uses shall conform to the following requirements (except where noted as applying to specific districts):
Accessory Building- Major or Detached Garage | Attached Garage | Accessory Building-Minor | Other Accessory Uses or Structures |
Accessory Building- Major or Detached Garage | Attached Garage | Accessory Building-Minor | Other Accessory Uses or Structures | |
Front yard setback | No closer than principal building, or 30 feet, whichever is greater | 30 feet | Not allowed in front yard | Not allowed in front yard |
Side yard setback | Five feet | Five feet, with an aggregate total of 15 feet on two sides | Not allowed in side yard | Five feet |
Side yard setback adjacent to public street | 20 feet, or equal to principal building setback, whichever is greater | 20 feet, or equal to principal building setback, whichever is greater | 20 feet | 20 feet |
Rear yard setback from private property | Five feet | 30 feet | Five feet | Five feet |
Rear yard setback from alley | Five feet | 30 feet | Five feet | Five feet |
Rear yard setback from public street | 30 feet | 30 feet | 30 feet | 30 feet |
Maximum square feet: R-1 and R-1A | 1,000 square feet, or up to the ground floor area of principal building, whichever is less | No greater than ground floor area of principal building, one per parcel | 200 square feet, one per parcel | NA, subject to impervious surface and other standards |
Maximum square feet: R-2, R-3, and R-4 | 500 square feet, one per complex | No greater than ground floor area of principal building | 200 square feet, one per complex | NA, subject to impervious surface and other standards |
Maximum square feet: C, I Districts | 80% of ground floor area of principal building | No greater than ground floor area of principal building | 200 square feet, one per parcel | NA, subject to impervious surface and other standards |
Maximum height: R-1, R-1A, R-2 | 15 feet to average roof height, and no more than 20 feet overall | No greater than roof height of principal structure | 15 feet to peak roof height | NA |
Maximum height: R-3, R-4 | 30 feet | 30 feet | 15 feet to peak roof height | NA |
Maximum height: C, I Districts | No accessory building in a Commercial or Industrial District shall exceed the height of the principal building except by conditional use permit | No accessory building in a Commercial or Industrial District shall exceed the height of the principal building except by conditional use permit | 15 feet to peak roof height | NA |
Special Provisions for Accessory Buildings and Uses in the R-1A District | Detached Garage Setback from OHW | Attached Garage Setback from OHW | Other Accessory Building Setback from OHW of 200 Square Feet or Less | Other Accessory Use Setback from OHW |
Setback from ordinary high water (OHW) elevation | 75 feet, or no closer than the nearest building line of the principal structure, whichever is greater | 75 feet | 37.5 feet. No such structure shall occupy land within the Shore Impact Zone, defined as one-half the setback from OHW | 37.5 feet* |
Note to table: * Exception: Access to the shoreline may be provided within this setback area via stairs, pathways, and landings no greater than four feet in width. One surfaced patio/landing/deck area of no more than 96 square feet in area may be located within the Shore Impact Zone, provided such patio maintains a setback from the OHW of at least 15 feet, and provided such structure extends no more than 30 inches above the natural grade at any location. | ||||
(Prior Code, § 152.176) (Ord. 2021-02, passed 4-27-2021; Ord. 2022-03, passed 5-24-2022; Ord. 2023-01, passed 7-11-2023; Ord. 2024-01, passed 4-9-2024) Penalty, see § 10.99