The provisions of this article apply
to all zoning districts unless indicated otherwise. If there is a
conflict between this article and the individual requirements of a
zoning district, the Zoning Administrator shall determine which standards
control.
Every building hereafter erected
or moved shall be on a lot that abuts upon a public street, or with
access to an approved private street, and all structures shall be
so located on lots as to provide safe and convenient access for servicing,
rescue and fire protection vehicles and required off-street parking.
On a lot devoted to a permitted principal
use, customary accessory uses, and structures are authorized subject
to the following standards and any applicable off-street parking requirements:
A. Accessory uses shall be compatible with
the principal use and shall not be established prior to the establishment
of the principal use, except as permitted hereafter.
B. Temporary storage for goods, products and
materials associated with construction or remodeling of the principal
structure shall not be subject to this section.
C. Accessory uses. In addition to those uses permitted in a zoning district, the following accessory uses are permitted subject to the provisions of this subsection and any additional requirements of Article
X.
(3) Columbariums, when accessory to a place
of worship, cemetery, mortuary.
(6) Mobile food and beverage vendors.
[Added 2-27-2023 by Ord.
No. 2023-19]
D. An accessory building or structure hereafter
constructed, erected, placed, structurally altered, enlarged, or moved,
except as otherwise permitted in this Code shall be subject to the
following bulk requirements:
(1) Except for roadside markets, no accessory
building or structure shall be permitted within the required front
or side yards of a lot, as set forth in each district.
(2) Accessory buildings and structures shall
comply with Table 908.
Table 908: Accessory Building and
Structures
|
---|
Districts
|
Maximum Height
|
Min. Distance to Principal Building
Wall
|
Min. Distance to Rear or Side Lot
Line
|
Min. Distance to Alley Right-of-Way
Line
|
---|
Agricultural Districts
|
Equal to permitted height of district
|
10 feet
|
3 feet
|
10 feet*
|
Residential Districts
|
14 feet
|
10 feet
|
3 feet
|
10 feet*
|
Business Districts
|
Equal to permitted height of district
|
10 feet
|
3 feet
|
10 feet*
|
Manufacturing Districts
|
Equal to permitted height of district
|
10 feet
|
3 feet
|
10 feet*
|
Public Interest Districts
|
Equal to permitted height of district
|
10 feet
|
3 feet
|
10 feet*
|
Notes:
|
*
|
When the entrance to the accessory
building for motor vehicles is parallel to and facing such alley right-of-way
line
|
Diagram 908D(2)
|
(3) The foregoing height limits shall not apply to telecommunication antennas and telecommunication antenna facilities authorized pursuant to Article
IV and
X of this Code.
(4) The gross floor area of an accessory building
or structure to be constructed in any zoning district shall not exceed
30% of the rear yard, nor shall it exceed following:
(a)
In an agricultural district or the
R-1A, R-1B, R-1C, R1-H, R-2, or R-4 District, the gross floor area
of an accessory building or structure shall not exceed the ground
floor of the principal building or 1,000 square feet, whichever is
less.
(b)
In a business district, manufacturing
district, public interest district or the R-3A or R-3B District, the
cumulative gross floor area of an accessory building or structure
in combination with the principal structure(s) shall comply with the
gross floor area regulations for the zoning district in which it is
located.
(5) No manufactured home, mobile home or other
similar portable structure or building shall be used as an accessory
building or structure except when used incidentally to and temporarily
for construction operations of a principal use, notwithstanding the
following exceptions:
(a)
Storage buildings not exceeding 144
square feet in area and a maximum height of 12 feet to the highest
point on such building are permitted as accessory buildings.
(b)
It shall be unlawful to use any portable
on demand storage container or other similar portable structure as
an accessory building or accessory structure located on any Residential
District lot except when used temporarily during construction or moving
operations of a principal use. Such portable containers or structures
shall be removed from such Residential District lot within 14 consecutive
days after the date of completion of such construction or moving operations.
(6) An accessory building which is attached
to a principal building shall be considered as a part of the principal
building and shall be subject to all regulations governing the location
of principal buildings.
(7) An accessory building which is not attached
to a principal building may contain a rooming unit as an accessory
use provided that such rooming unit is occupied by a person who is
related by blood, adoption, or marriage to a member of the family
occupying a single-family dwelling unit in the principal building
or provided that such rooming unit is occupied by a household servant
employed by the family occupying a single-family dwelling unit in
such principal building.
(8) No incinerator shall be hereafter constructed,
erected, placed, structurally altered, or enlarged in or within 2,000
feet of property in a residential district.
(9) Structures or buildings that are accessory to manufactured homes
or mobile homes are not to be considered permanent and shall not have
permanent foundations (foundations 40 inches or more below grade).
These structures shall be constructed to be freestanding and not apply
any additional loading situations to the manufactured home or mobile
home it is associated with.
[Added 10-24-2022 by Ord.
No. 2022-99]
E. Accessory dwelling unit conversion and new construction.
[Added 2-27-2023 by Ord.
No. 2023-19]
(1) Primary residence. The primary building shall be a single-family
detached use and the primary residence of the owner of the property.
(2) Size. Accessory dwelling units shall not be greater than 800 square
feet or 50% of the size of the primary building, whichever is less.
(3) Location. Accessory dwelling units shall be located in the rear of the primary structure and shall comply with all location requirements for accessory buildings found in §
44-908.
(4) Orientation. Only one entrance shall be located on the front facade
of the primary building. Entrances to accessory dwelling units must
be located on the side or rear facade.
(5) Access. Accessory dwelling units shall be accessed from the alley.
If alley access is not available, both the primary building and the
accessory dwelling unit shall be served by one common driveway connecting
the accessory dwelling unit to a public or private road.
(6) Parking. A minimum of one parking space shall be provided for the
accessory dwelling unit in addition to the parking space(s) required
for the primary building. The parking for the accessory dwelling unit
shall not be located in the required front yard setback. A tandem
parking space, where one car is parked behind another, with the spaces
required for the primary building shall be prohibited.
(7) Architecture. Accessory dwelling units shall be similar in character
to the primary building and to abutting properties, including roof
pitch, eaves, building materials, windows, trim, color, and landscaping.
F. Agricultural structures. Agricultural buildings
that are used only for agricultural purposes, such as barns, silos,
bins, sheds, and farm machinery sheds, shall not be considered accessory
buildings or structures. Such buildings are principal agricultural
buildings and shall comply with the district bulk standards.