13-8-3: ACCESSORY USES, BUILDINGS AND STRUCTURES:

   A.   Permitted And Conditional Uses Chart: Accessory uses allowed in all zones are listed in the table below. Those uses identified as "permitted" (P) are allowed by right; provided, that they comply with all other requirements of this article, and all other applicable requirements of this title. Uses identified as "conditional" (C) must be approved by the Planning Commission pursuant to the standards and procedures for conditional uses set forth in chapter 7, article E of this title and title 15 of this Code, and comply with all other applicable requirements of this title. Uses identified as "administrative conditional uses" (AC) shall be approved by the Zoning Administrator pursuant to the standards set forth in chapter 7, article E of this title, except that the public hearing shall be conducted by the Zoning Administrator, and shall comply with title 15 of this Code, and all other applicable requirements of this title. Uses not specifically listed in this section shall not be allowed in the respective zones.

   ACCESSORY PERMITTED AND CONDITIONAL USES

 

Legend:
P	=	Permitted use
C	=	Conditional use
AC	=	Administrative conditional use

 

Use Type

Zoning District

A

R-1

R-2

R-3

R-R

R-E

R-M

PRD

P-C

P-O

BR-P

C-G

C-M

SC-1

SC-2

SC-3

M-P

M-1

M-2

P-F

PRO

CC-C

CC-R

CC-F

VLSFR

LSFR

MFR

HFR

MU

Accessory buildings and structures

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Accessory buildings and structures, residential

P

P

P

P

P

P

P

P

P

P

P

P

P

P

C

Agriculture, except dairies and the raising or keeping of mink, peacock, swine or turkeys. Also subject to regulations of animals in title 6, chapter 3 of this Code, or successor ordinance

P

Animal/fowl keeping

P

C

C

Animal husbandry services

C

Caretaker's residence (limited to 1 residence per site and shall be integrated into the primary building in which the primary use is housed)

P

P

P

Garden center, indoor

P

P

P

P

P

Garden center, outdoor (shall be fully enclosed by a fence. Storage of all materials other than plants shall be fully screened from public view)

P

C

C

C

C

Home occupation for dance studios, aerobic exercise, music lessons, preschools, tutoring, general educational instruction, and other related uses of up to 12 clients per session

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

AC

Home occupation listed in section 13-11-3 of this title

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Outdoor exhibits, displays or sales areas

P

P

Outside storage and operations1

C

AC

AC

Produce or flower stands

P

P

AC

P

Produce stand, selling farm products grown on the premises (not exceeding 300 sq. ft. in area and limited to 1 stand per lot)

P

Retail warehouse outlet

AC

Solar energy system, building mounted2

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Solar energy system, ground mounted2

AC

AC

AC

AC

AC

AC

AC

AC

AC

P

P

P

P

P

P

P

P

P

P

P

P

P

P

AC

AC

AC

AC

AC

P

Wind energy system, micromodel2

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Wind energy system, rooftop mounted2

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Wind energy system, small2

AC

AC

AC

AC

AC

AC

AC

P

P

P

AC

AC

 

Notes:

   1.    Outside storage and operations shall be conditionally permitted, provided the requirements of subsections 13-5F-4D and 13-14-3B of this title are met.

   2.    Wind and solar energy systems shall be conditionally permitted, provided the requirements of section 13-8-22 of this chapter are met.

   B.   Setbacks And Heights Requirement Chart:

n/a = Not allowed in front yard

Bulk Requirements

Zoning District

A

R-1

R-2

R-3

R-R

R-E

R-M

PRD

P-C

P-O

BR-P

C-G

C-M

SC-1

SC-2

SC-3

M-P

M-1

M-2

P-F

PRO

CC-C

CC-R

CC-F

VLSFR

LSFR

MFR

HFR

MU

Corner side yard - no permit required

8'

8'

8'

8'

8'

8'

8'

8'

8'

20'

20'

10'

10'

10'

10'

10'

8'

8'

8'

8'

8'

8'

8'

8'

8'

8'

8'

8'

8'

Corner side yard - permit required

20'

20'

20'

20'

20'

20'

20'

20'

20'

20'

20'

10'

10'

10'

10'

10'

13- 5F-3

13- 5F-3

13- 5F-3

13- 5G-4

13- 5H-5

20'

20'

20'

20'

20'

20'

20'

20'

Front yard - no permit required

30'

n/a

n/a

n/a

30'

30'

n/a

n/a

n/a

n/a

n/a

13- 5E-4

13- 5E-4

n/a

n/a

n/a

13- 5F-3

13- 5F-3

13- 5F-3

13- 5G-4

30'

n/a

n/a

n/a

30'

n/a

n/a

n/a

n/a

Front yard - permit required

30'

n/a

n/a

n/a

30'

30'

n/a

n/a

n/a

n/a

n/a

13- 5E-4

13- 5E-4

n/a

n/a

n/a

13- 5F-3

13- 5F-3

13- 5F-3

13- 5G-4

30'

n/a

n/a

n/a

30'

n/a

n/a

n/a

n/a

Rear yard - no permit required

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

Rear yard - permit required

3'

3'

3'

3'

3'

3'

3'

3'

3'

3'

3'

0'

0'

0'

0'

0'

13- 5F-3

13- 5F-3

13- 5F-3

13- 5G-4

13- 5H-5

3'

3'

3'

3'

3'

3'

3'

3'

Side yard - no permit required

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

Side yard - permit required

8'

8'

8'

8'

8'

8'

8'

8'

8'

13- 5D-3

13- 5D-3

0'

0'

0'

0'

0'

13- 5F-3

13- 5F-3

13- 5F-3

13- 5G-4

13- 5H-5

0'

8'

0'

8'

8'

8'

8'

8'

Maximum height

13- 5A-3

20' 1

20' 1

20' 1

25'

25'

16'

20' 1

20' 1

20' 1

20' 1

35'

35'

35'

35'

45'

13- 5F-3

13- 5F-3

13- 5F-3

13- 5G-4

13- 5H-5

13- 5I-8

20' 1

13- 5I-8

13- 5J-8F

13- 5J-8F

13- 5J-8F

13- 5J-8F

13- 5J-8F

Separation from principal building - no permit

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

Separation from principal building - permit

6' 2

6'

6'

6'

6' 2

6' 2

6'

6'

6'

6'

6'

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

13- 5I-8

6'

13- 5I-8

13- 5J-8F

13- 5J-8F

13- 5J-8F

13- 5J-8F

13- 5J-8F

Notes:

1.   Any accessory building over 17 feet high shall follow subsection C11 of this section.

2.   Accessory buildings used for housing or shelter of animals shall be located a minimum of 40 feet from any dwelling.

   C.   General Requirements For Accessory Structures In All Zones:

      1.   Accessory structures or buildings shall not be constructed before the principal building is constructed.

      2.   A proposed accessory use shall be subordinate to a principal use on the same lot or parcel.

      3.   Accessory buildings or structures shall be located on the same lot with the principal building and the footprint area shall be less than the principal building except in agricultural and industrial zones.

      4.   An accessory building shall not cover more than twenty percent (20%) of the rear yard, corner side yard, if applicable, or front yard area where it is located on the lot.

      5.   Accessory buildings in side yards shall not be placed as to be continuous between the side property line and the side of the principal structure without maintaining an access path to the rear yard that is at least three feet (3') in width.

      6.   The height of an accessory structure shall be measured in the same way as a principal building or structure. (See "height of building", as defined in section 13-2-3 of this title.)

      7.   A building permit is required for any accessory structure over two hundred (200) square feet in gross floor area or if the accessory building is over seventeen feet (17') in height. A building permit is required if gas, electricity, water and sewer, are provided to an accessory structure regardless of gross floor area.

      8.   Agricultural related accessory buildings used for the housing or shelter of animals shall be located a minimum distance of forty feet (40') from any existing dwelling, except as authorized in subsection 6-3E-3E of this Code.

      9.   No accessory building shall be constructed over a platted easement area, unless it meets the requirements of section 13-8-5 of this chapter.

      10.   In all single family, two family and multifamily residential zones no accessory structure shall be located in a front yard area of any lot.

      11.   In all single family, two family and multi-family zones: Any accessory building over seventeen feet (17') high shall be set back from side and rear property lines the minimum setback shown in subsection B of this section, plus one foot (1') for each additional foot of height, or part thereof, in excess of seventeen feet (17').

      12.   For corner lots, an accessory building over two hundred (200) square feet in area, regardless of height, shall be set back from the corner side property line a minimum of twenty feet (20'), plus one foot (1') for each additional foot of height in excess of seventeen feet (17').

      13.   Any accessory structure that requires a building permit shall also be located a minimum of six feet (6') from a dwelling.

      14.   In commercial, office and industrial zones:

         a.   An accessory building shall be located a minimum of twenty feet (20') from any principal dwelling on an adjacent property.

         b.   An accessory building shall have no openings on the side that is contiguous to the property line.

         c.   The wall of an accessory building adjacent to the property line shall have a two (2) hour fire retardant rating. (2001 Code §89-6-103; amd. 2009 Code; Ord. 10-09, 2-24-2010; Ord. 11-35, 11-22-2011; Ord. 13-17, 4-24-2013; Ord. 14-09, 5-14-2014; Ord. 17-17, 3-22-2017; Ord. 18-36, 11-7-2018; Ord. 21-33, 8-11-2021)