§ 155.067 ACCESSORY USE REQUIREMENTS.

   An accessory use shall comply with all requirements for a principal use, except as this chapter specifically allows to the contrary, and shall comply with the following limitations.

   (A)   An accessory structure or use shall only be approved provided the principal use has been established.

   (B)   In the Residential Zone (R), one-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses are allowed under the following conditions.

      (1)   These accessory structures shall not be used for human habitation.

      (2)   The maximum square footage for these accessory structures shall be 120 square feet.

      (3)   The maximum height for these accessory structures shall be 12 feet.

      (4)   These accessory structures, including all projections, shall not be closer than ten feet from any other building.

      (5)   An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard but not in the required street side yard of a corner lot.

      (6)   These accessory structures shall meet all setback and lot coverage requirements.

   (C)   All other accessory structures, including attached or detached garages and guest houses without kitchen facilities, shall comply with the standards of the zone in which they are located and with the Uniform Building Code.

   (D)   In commercial zones, accessory structures shall not be used for human habitation.

(Ord. 337, passed 6-11-1979; Ord. 496, passed 6-12-2006)

§ 155.068 AUTHORIZATION OF VARIANCES.

   The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that owing to special and unusual circumstances related to a particular piece of property, the literal interpretation of this chapter would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property and to otherwise achieve the purposes of this chapter.

(Ord. 337, passed 6-11-1979)

§ 155.069 CONDITIONS FOR GRANTING A VARIANCE.

   No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist:

   (A)   Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control;

   (B)   The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other properties in the same zone or vicinity;

   (C)   The authorization of the variance shall not be materially detrimental to the purposes of this chapter, be injurious to the property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any municipal development plan or policy; and

   (D)   The variance request is the minimum variance from the provisions and standards of this chapter which will alleviate the hardship.

(Ord. 337, passed 6-11-1979)

§ 155.070 VARIANCE PROCEDURE.

   The procedure to be followed in applying for and acting on a variance request shall be the same as those provided in §§ 155.085 through 155.094.

(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005)

§ 155.071 TIME LIMIT.

   Authorization of a variance shall be void after one year unless substantial construction pursuant thereto has taken place. However, the City Council may extend authorization without a hearing for an additional period not to exceed one year, upon request.

(Ord. 337, passed 6-11-1979)