§ 10.5  ACCESSORY STRUCTURES: RESIDENTIAL ZONES.
   (A)   Attached structures. An accessory structure that is attached to a main structure shall meet all of the requirements for location of the main structure, except as provided in division (D) below.
   (B)   Canopies. Canopies, or roofs attached to the main building or connecting the main building with adetached accessory building, may extend into a required rear or interior side yard; provided that, portions of such structure extending into the yard:
      (1)   Shall not exceed 15 feet in height, nor project closer than five feet to an interior side or rear lot line; and
      (2)   Shall be entirely open on at least three sides except for necessary supporting columns; except that, a roof connecting a main building and an accessory building shall be open on at least two sides.
   (C)   Detached structures.
      (1)   A detached structure shall meet the setback requirements of the main building for the front and street side yard areas.
      (2)   A detached accessory structure which does not exceed 15 feet in height and 600 square feet in area may be located within an interior side yard or rear yard; provided, however, that, such structure shall not be closer than five feet to an interior side or rear lot line.
      (3)   A detached accessory structure which exceeds 15 feet in height, or 600 square feet in area, shall maintain the same minimum side and rear setbacks as required for the main building.
      (4)   A detached structure shall maintain a minimum ten-foot separation from the main structure.
      (5)   Although not requiring a building permit, accessory structures with less than 120 square feet of roof area must meet the above minimum setbacks.
      (6)   For the purpose of this section, swimming pools shall be considered to be a detached structure.
      (7)   Detached structures shall not be permitted prior to the dwelling, except in RS Zones with minimum lot sizes of one acre or more.
      (8)   Plumbing in detached structures shall be limited to one sink and one toilet.
      (9)   Use of accessory structures shall be consistent with § 10.0.
      (10)   The use of mobile homes, semi-trailers, railroad cars, shipping containers, travel trailers, camper shells or similar units as accessory structures is prohibited. Metal storage containers may be permitted; refer to § 14.7.
   (D)   Other structures.
      (1)   Steps, architectural features, such as eaves, awnings, chimneys, stairways, wing walls or bay windows, may project not more than six feet into any required front, street side or rear yard area, nor into any required side yard area more than one-half of said required side yard. Greater projections may be permitted when it is demonstrated that such additional projections are needed for solar or alternate energy purposes, subject to the approval of the Town Manager or designee.
      (2)   Balconies, porches or decks shall not encroach or project into any required setback area.
      (3)   Swimming pools including all accessory or appurtenant structures and equipment shall maintain a minimum setback of five feet from all property lines and buildings. As a precaution against unauthorized use, swimming pools shall be enclosed by a wall or fence not less than five feet in height in accordance with the requirements of the town.
      (4)   Amateur (HAM) radio towers shall be permitted for the personal use of the property owner/resident and subject to the following provisions.
         (a)   Towers shall not project more than 65 feet above grade; establishment of towers above this limit, but less than 100 feet in height, may be permitted only through the variance procedure set forth in § 20. The height of extension antennas shall be determined in their cranked down position and shall remain in said position, except during use.
         (b)   Towers shall meet the minimum setback requirements for the zone in which they are located; no portion of any antenna array shall extend beyond the property lines.
         (c)   It shall be the responsibility of the property owner to demonstrate that the site is adequate in size to contain debris resulting from tower failure and that such failure will not present a safety hazard to adjoining properties.
      (3)   Amateur (HAM) radio towers shall be permitted for the personal use of the property owner/resident and subject to the following provisions.
         (a)   Towers shall not project more than 65 feet above grade; establishment of towers above this limit, but less than 100 feet in height, may be permitted only through the variance procedure set forth in § 20. The height of extension antennas shall be determined in its cranked-down position and shall remain in said position, except during use.
         (b)   Towers shall meet the minimum setback requirements for the zone in which they are located; no portion of any antenna array shall extend beyond the property lines.
         (c)   It shall be the responsibility of the property owner to demonstrate that the site is adequate in size to contain debris resulting from tower failure and that such failure will not present a safety hazard to adjoining properties.
         (d)   It shall be the responsibility of the property owner to demonstrate that the proposed tower complies with any and all federal regulations pertaining to airport operations that may be applicable to the subject property.
      (5)   Satellite dishes up to ten feet in diameter shall be permitted, subject to the following conditions.
         (a)   Ground-mounted dishes shall be located outside of any front and side setback area.
         (b)   All installations must comply with accessory use height requirements.
(Ord. 2012-04, passed 12-5-2012)