[Ord. No. 1007 §16-221, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §420.010), 9-24-2003; Ord. No. 1142 §7, 12-8-2004; Ord. No. 1260 §12, 5-21-2008]
A. Building
and structures may be erected and land may be used for purposes which
are clearly incidental to and customarily and commonly associated
with the main permitted use of the premises. Such accessory buildings
and uses shall be so constructed, maintained and conducted as to not
produce noise, vibration, traffic, concussion, dust, dirt, fly ash,
odor, noxious gases, heat or glare which is injurious, damaging, unhealthful
or disturbing to adjacent property or the users thereof and shall
be on the premises of the main use.
B. The
following uses shall be permitted as accessory to main uses permitted
in this Title.
1. Districts "R-1" through "R-4" and "R-6".
a. Home occupations (see definitions). The following
conditions and restrictions shall apply to such customary home occupations:
(1)
The primary use of the buildings or structure in which the occupation
is situated is clearly the dwelling used by the person as his/her
private residence.
(2)
No assistant or other than an immediate member of the family
household is employed.
(3)
No equipment or machinery is used in such activities that is
perceptible off the premises by reason of noise, smoke, odor, dust,
radiation, electrical interference or vibration. Parking shall be
handled in such a manner as to not impede or hinder traffic on any
public right-of-way or to infringe upon the rights of the neighbors.
(4)
All home occupations shall be approved by the City Council and
require occupational license as set out in the City Code.
b. Accessory building. The following types of accessory
buildings are allowed:
(1)
One (1) accessory building of a maximum size of one hundred
twenty (120) square feet by eight (8) feet maximum height may be allowed
in the rear yard only.
(2)
In lieu of Subsection
(b)(1),
a storage building or structure incidental to a permitted use is allowed, provided that no such structure that is accessory to a residential dwelling (e.g., storage building, workshop, gazebo, greenhouse, etc.) shall exceed three hundred sixty (360) square feet and shall be no taller than the dwelling or more than sixteen (16) feet in height, whichever is less. The Director of Public Works shall issue a building permit for the construction of such a structure.
(3)
A minimum of a three (3) foot setback from the side or rear yard line is required for the accessory buildings described in Subsection
(B)(1)(b)(1) and
(2) above. Such buildings shall be in keeping with the character of the house and shall be anchored properly to the ground to resist wind forces of twenty-five (25) pounds per square foot on roof or wall surfaces. Such accessory buildings shall be maintained comparable to the maintenance of the main dwelling structure.
c. Private swimming pools. Located in the rear yard
provided the following conditions are complied with:
(1)
The pool shall not be closer than seven (7) feet to the side
or rear yard line.
(2)
The pool structure is properly fenced, with locking gate so
that a small child cannot go into the enclosure unattended.
(3)
The pool is not under or over electric service lines, telephone
lines, gas lines, sewer lines.
(4)
Provisions are made to drain the pool to the storm sewers.
(5)
The pool is properly engineered in relation to health and safety
features, including filtering, chlorination, location to other structures,
fencing, screening and drainage, to be of minimal hazard to the neighborhood.
(6)
There is no violation of noise connected with its use.
(7)
Maintenance of facility must be excellent and any failure to
comply with the above conditions will result in revoking of the permit.
d. One (1) private garage or carport containing space for not less than
one (1) standard size automobile for each dwelling unit shall be provided
and maintained for all single-family and two-family dwellings. In
addition, the following requirements shall be met:
(1)
Any garage or carport shall be constructed at least two (2)
feet behind the front facade of the primary structure. Any carport
must be built to match the roof line of the house.
(2)
In the case of existing single-family residential structures
located within the rear yard setback, garages or carports shall be
permitted in front of the front facade of the primary structure. In
such cases, the garage or carport shall be limited to a maximum footprint
of fifty percent (50%) of the footprint of the existing structure.
Said garages shall be constructed of materials and architectural style
the same as or equal to the principal residence.
(3)
A detached garage shall not be located in any required front
or side yard setback area but may be located in the rear yard setback
area provided that no such building may be closer than three (3) feet
to any interior property line, closer than twenty (20) feet from any
street right-of-way line or in front of any building setback line.
In addition, the following criteria must be met:
(a)
Said detached garage shall be constructed of materials and architectural
style the same as or equal to the principal residence, a paved drive
shall be provided the entire distance to the street and no sanitary
sewer hookup to such garage shall be permitted.
(b)
No detached garage shall exceed five hundred seventy-six (576)
square feet and shall be no taller than the dwelling or more than
twenty (20) feet in height, whichever is less.
e. Temporary real estate sales offices located on property being sold
and limited to period of sale but not exceeding two (2) years without
a special use permit.
f. Additional uses. Including gardens, normal television
and radio receiving antennae, flagpoles, signs as permitted by ordinance,
temporary parking for loading motor homes, camping trailers or pickup
campers for a period not to exceed forty-eight (48) hours in a thirty
(30) day period.
2. Districts "R-3", "R-4", "R-5" and "R-6". Parking
areas, signs as permitted by ordinance, recreation areas, including
tenant used swimming pools and minor recreation buildings, trash collection
centers, power generators, vending machines for tenant use and other
similar uses.
3. Districts "MP" and "M-1". Parking and loading areas,
signs as permitted by ordinance, security and screen fencing and/or
walls, radio and microwave towers to heights as set out in this Title,
gate house, loading equipment and other similar uses.
4. "REC" Recreational District. Those uses which are
deemed necessary and appropriate as accessory to recreational activities
permitted in that district.