(A) Minor uses of structures. Minor uses of structures which are necessary to the operation or the enjoyment of permitted principal uses, and are appropriate, incidental and subordinate to any uses, and located on the same lot as the principal use, shall be permitted in districts defined under the general ordinance with certain exceptions herein as an accessory use, subject to the following:
(1) In no event shall accessory uses or accessory structures be construed to authorize a use or structure not otherwise permitted in the district in which the principal use is located.
(2) The following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set within this chapter:
(a) Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.
(b) Hobbies or recreational activities of a non-commercial nature.
(c) Yard sales or garage sales, so long as such sales follow the guideline defined in the yard sale ordinance.
(d) Without limiting the generality of the foregoing, the sale of agricultural products (either in a roadside stand or on a pick your own basis) from property where such products were grown or from land that is all part of the same farm or farming operation as the land where such products were grown shall be regarded as accessory to an agricultural operation.
(3) Petroleum storage, accessory to a permitted principal use or building is permitted.
(4) A swimming pool shall be considered an accessory use. A swimming pool shall only be located in the rear yard of residential properties.
(5) On any lot containing a principal residential use, no accessory use or structure shall be permitted that involves or requires any construction features which are not primarily residential in nature or character.
(B) Location.
(1) No accessory structure shall be located within any required front or side yard; or within five feet of any abutting lot lines nor within seven feet of the principal building and shall meet the dimensional requirements and parking requirements for the district in which located.
(2) Accessory structures not connected or attached to principal structures shall be located at least seven feet from the principal structure. Roofed accessory structures physically attached or connected to the principal building shall be considered a part of the principal building and shall be subject to the dimensional requirements for the principal building.
(3) On corner lots where applicable, accessory uses shall be set back at least 30 feet from any side street right-of-way line.
(4) No accessory structure or building except utility substations shall be erected in any easements.
(C) Size.
(1) Accessory structures shall not cover more than 30% of any required rear yard, nor exceed 60% of the gross floor area of the principal building.
(2) Accessory uses with gross floor area (GFA) less than 600 square feet shall not be located within five feet of any property line. Accessory structures with a GFA of more than 600 square feet must meet the principal building(s) dimensional requirements.
(3) Accessory structures shall not exceed the height of the principal building.
(D) Fences.
(1) Permitted fences and walls, security gates, paths, walkways, mailboxes, utility poles, lighting fixtures, patios at grade and similar features may be located in permitted yards, at least five feet from the property line, so long as the sight triangle on corner lots is protected.
(2) Permitted fences and walls, located in the front yard shall be a minimum of a one foot in height and a maximum of six feet in height. Decorative caps or spires which extend above the highest horizontal member of the fence shall not be included in the measurement of the height. Chain link or similar fencing material, if used, shall be placed on the interior side of a masonry wall or solid wood fence and shall be planted with a semi-opaque vegetative screen between wall or fence and the public street.
(3) Permitted fences and walls, located in the rear or side yard which abuts a street or alley may not exceed eight feet in height unless placed 15 feet or more inside the property boundary. Within such a distance, the maximum height of the fence shall be ten feet. If located within a residential district, within the first 15 feet, fences of chain link or similar material are permitted only if screened on the exterior side by evergreen shrubs planted no farther apart than six feet on center, minimum height two and one half feet at installation, or if obscured from view by other screening method(s) which perform at the same or a higher level.
(4) Permitted fences and walls in an established rear or side yard which does not abut a street or alley may not exceed eight feet in height in residential districts unless approved by the Zoning Administrator.
Accessory Use Setback Table | |||||
Zone | Permitted | Front | Side | Rear | Principal Structure |
Accessory Use Setback Table | |||||
Zone | Permitted | Front | Side | Rear | Principal Structure |
R-A | P | 10 | - | 5 | 7 |
R-20 | P | 10 | - | 5 | 7 |
R-8 | P | 10 | - | 5 | 7 |
R-7 MHE | - | - | - | - | - |
R-6 | P | 10 | - | 5 | 7 |
R-6 MH | P | 10 | - | 5 | 7 |
NB-1 | - | - | - | - | - |
NB-2 | - | - | - | - | - |
B-1 | P | 10 | - | 5 | 7 |
I-1 | - | - | - | - | - |
R-8O | P | 10 | - | 5 | 7 |
Chart does not include required setbacks for accessory dwellings, public works substations or utility stations, fences or storage container Front yard setbacks only apply in areas where permitted | |||||
(E) Yard locations. For the purposes of this chapter, the yard locations shall be indicated as illustrated below:
(Ord. O-2008-23, passed 5-6-2008) Penalty, see § 156.999