1143.07 ACCESSORY USE REGULATIONS.
   Accessory uses, buildings and structures permitted in O, R-1, R-2, R-3 and R-B Districts shall conform to the location, coverage and height standards contained in this section. Attached garages as part of a dwelling are subject to all yard requirements for a principal building specified in Section 1143.04.
   (a)   Minimum Yard Requirements for Accessory Uses. An accessory building or use permitted in an O, R-1, R-2, R-3 and R-B District shall be located as set forth in Schedule 1143.07; however, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in subsections 1143.07(b) through 1143.07(e). (Ord. 2020-67. Passed 6-25-20.)
   
Schedule 1143.07(a)
MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES
Minimum Distance (in feet) From:
Permitted Use,
Structure, Building 
Yard
in Which
Permitted 
Rear
Lot Line 
Side
Lot Line 
Street
Right-of-
Way Line 
Principal
Building
1. Any Detached
Accessory Building, including a Detached Garage or any other structure less than 500 sq. ft. in area
Rear and
Side(i) (iv)
6
6
--
12
If between 500-800 sq. ft.
Rear and Side (i) (iv)
10
10
NA
12
If greater than 800 sq. ft.
Rear and Side (i) (iv)
25
25
150
12
2. Swimming Pool,
private
Rear (iv)
10
10
--
--
3. Fence
Front, Rear and Side
See 1143.07(e)
See 1143.07(e)
See 1143.07(e)
4. Decks, Patios, Porches, Steps and any other extension to the principal structure
Front, Rear and Side
(ii)
(ii)
(ii)
--
   Notes for Schedule 1143.07:
(i) Any accessory building located in a side yard shall comply with the minimum yard setback requirements for the principal building.
(ii) Shall comply with the principal building setbacks in Section 1143.04.
(iii) Driveways and walkways may be constructed up to but not on the property line.
(iv) Through-lots abutting non-intersecting streets may be permitted in the defined front yard as determined by the Planning Director or their designee and shall comply with the principal building setbacks in Section 1143.04
               
(Ord. 2022-162. Passed 11-10-22.)
   (b)   Maximum Area and Yard Coverage of Accessory Buildings. In addition to the location requirements set forth in Schedule 1143.07, accessory buildings shall be subject to Schedule 1143.07(b) below:
Schedule 1143.07(b)
Maximum Area and Yard Coverage of Accessory Buildings by Lot Area
 
LOT AREA
Less than ½ acre
Between ½ - 1 acre
Greater than 1 acre
Any Single Building
500 sq. ft.
800 sq. ft.
1,200 sq. ft.
Combined Floor Area of all Accessory Buildings
Same as Above
Same as Above
1,500 sq. ft.
Notes for Schedule 1143.07(b)
1. The combined total of all accessory buildings shall not cover more than 10% of the rear yard, except that any lot containing an existing dwelling with no attached garage may be permitted one detached garage of 500 sq. ft. or less, provided all other applicable requirements are met.
2. Accessory buildings over 1,200 sq. ft. may be permitted provided the lot is 2 acres or greater and a conditional certificate is approved in compliance with Sections 1163.01 to 1163.04, and in accordance with the procedures in Section 1137.04
   (c)   Maximum Height of Accessory Structures. On lots of less than 2 acres, a permitted accessory structure shall not exceed 15 feet in height, as measured from the average grade to the highest point of the structure. On lots 2 acres and greater, the maximum height shall be 15 feet as measured from the average grade to the midpoint between the peak and eave of the roof.
      (Ord. 2020-67. Passed 6-25-20.)
   (d)   Swimming Pools. In addition to the location requirements set forth in Schedule 1143.07, private swimming pools shall be subject to the following additional regulations.
      (1)   The term "swimming pool", as used in this section, means any in-ground or above-ground swimming, wading, or other pools having a capacity for water depths exceeding 24 inches or a volume of 6,600 gallons.
      (2)   Prior to beginning construction of any pool, a zoning certificate shall be obtained.
      (3)   Private pools shall be designed and intended for the use of the residents of a single household and their relatives and friends without payment of any fee and not necessitate the provision of parking spaces, dressing and rest room facilities, or other services and facilities not normally available in the dwelling.
      (4)   All pools shall be located within an enclosed structure or completely surrounded by a fence or wall not less than 4 feet in height above the finished grade prior to putting water in the pool. The pool enclosures shall comply with the following requirements:
         A.   All fences and other pool enclosures shall comply with all appropriate requirements for fences or walls as contained herein.
         B.   All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than 4 inches in width, except for doors, gates, and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of primary buildings may be used in or as part of the enclosures.
         C.   Pools above-ground having vertical surfaces of at least 4 feet above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
      (5)   Every pool shall be drained into a municipal storm sewer or other adequate drain opening, approved by the City Engineer. All drain water must be conducted to its proper discharge point by means of tightly sealed tile, pipe or hose. No person shall be permitted to drain a swimming pool onto any adjoining property.
(Ord. 2011-122. Passed 1-12-12.)
   (e)   Fences. Fences, hedges and walls shall be constructed in compliance with the following:
      (1)   In front yards, fences may be constructed to a maximum height of 4 feet, except that no vision impairing fence, or wall greater than 18 inches shall be located within 20 feet of a street right-of-way line. On corner lots, no fence shall be placed within a triangular area formed by the intersection or projected point of intersection of the street property lines and a line connecting points on street property lines 25 feet from the intersection point.
Fences - Height and type permitted by location
 
Fences - Height and type permitted by location
 
Fences - Corner Lots
 
      (2)   In required rear and side yards, fences shall not exceed 6 feet in height.
      (3)   In all other areas of a lot, fences shall not exceed 8 feet in height.
      (4)   Walls, screens, fences, trellises and other enclosures for patio, decks, gazebos and other outdoor living areas may be constructed to a maximum height of 8 feet if said enclosures are attached to the dwelling and are designed as an integral part of or an extension of the dwelling and are a reflection of the architectural style of said dwelling. Said enclosure shall not extend into any of the required yards.
      (5)   Fences proposed for construction in the front yard shall be designed and be of such materials that will reflect and be compatible with the architectural design and style of the dwelling. Wire, wire mesh, and chain link fences shall not be constructed in the front yards.
      (6)   No snow fence shall be installed, erected or placed on any property for longer than five months as a substitute for a permanent fence as defined in Chapter 1133.
      (7)   Questions and disputed decisions concerning architectural compatibility, suitability and appropriateness of fences shall be referred to the Planning Commission for final determination.
      (8)   All fences shall be constructed in a professional manner and shall be maintained in good condition at all times.
      (9)   Fences, hedges or walls required to surround and enclose public utility and recreational facilities are not limited in height.
      (10)   All fences shall be constructed with the fence posts facing the fence installer’s home, except in the following situations:
         A.   If an existing fence on adjacent property is in place with the posts facing outward, the fence installer has the option of constructing the fence with the posts facing outward toward the adjacent fence.
         B.   Existing fences that occupy only a portion of a property line must be completed in the same manner as the existing fence along the entire length of the property line that the fence is permitted.
      (11)   Fences may be constructed up to but not on a property line.
      (12)   The height of a fence shall be measured from the normal grade to the top of the highest element of the fence except that decorative elements located on the supporting posts may exceed the maximum permitted height by 6 inches. Normal grade shall be the existing grade prior to construction exclusive of any berming or mounding solely for the purpose of increasing the fence height.
For fences on sloped ground, some portion of the panel must be in contact with the ground and meet the maximum height requirement, and at no point shall the fence panel be more than 1 foot from the ground.
         (Ord. 2007-222. Passed 1-10-08.)