[CC 1996 § 25-249; Ord. No. 891 § 25-701]
It is the intent of this Article to establish regulations regarding certain activities as being accessory to the primary use of property so that they may be carried on with the primary use. It is the intent that an activity will be considered an accessory use or accessory structure when it is commonly associated with, integrally related to, and a customarily incidental part of the main use of the property.
[CC 1996 § 25-250; Ord. No. 891 § 25-702]
A. 
No accessory use or structure shall be allowed on any lot unless it is subordinate to, integrally related to, and customarily incidental to an existing principal use on the lot on which it is located.
B. 
Accessory structures shall not be permitted in a required front or side yard except as specifically provided in this Article.
C. 
Construction of a separate accessory structure shall not commence until construction of the principal structure has commenced.
D. 
When the rear of a corner lot adjoins a lot in a residential district, no accessory structure shall be located closer to the side street right-of-way line than the principal structure on the corner lot.
E. 
Canopies or awnings on accessory uses or structures shall conform to the minimum building setback requirements for principal structures in the applicable zoning district.
F. 
When an accessory structure is attached to the principal structure by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal structure to which it is an accessory use, except as specifically provided in this Article.
G. 
Non-residential accessory structures shall be used only by the owner or tenant of the premises or the owner's or tenants' employees.
[CC 1996 § 25-251; Ord. No. 891 § 25-703]
A. 
At no time may the ground area occupied by an accessory structure located in a rear yard exceed thirty percent (30%) of the required rear yard area. Unless otherwise provided, accessory structures may not be located closer than:
1. 
Five (5) feet from the side lot line, or eight (8) feet from the side lot line on the street side of a corner lot;
2. 
Five (5) feet from the rear lot line; or
3. 
Ten (10) feet from the main structure on any adjoining lot.
[CC 1996 § 25-252; Ord. No. 891 § 25-704]
All accessory uses not enumerated in Division 2 of this Article shall be permitted as an accessory use only if the use clearly satisfies the criteria contained in the definition of accessory use and all generally applicable requirements of this Chapter. All accessory uses that do not clearly satisfy these strict requirements shall be permitted only by special use permit.
[CC 1996 § 25-258; Ord. No. 891 § 25-710]
A. 
A cemetery or mausoleum is allowed as an accessory use only upon property where the main use is a church or place of worship.
B. 
The cemetery or mausoleum, as an accessory use, shall have direct access onto a collector or arterial street.
[CC 1996 § 25-259; Ord. No. 891 § 25-711]
A manufactured home may be used as a temporary construction office on the site of a construction project, provided the manufactured home is removed upon completion of the project. In residential districts, the manufactured home must be removed upon the issuance of a certificate of occupancy for the first residential dwelling unit for the subdivision or project or, in the case of a subdivision or project for which approval has been given for phased development, for the first dwelling unit for that phase.
[CC 1996 § 25-261; Ord. No. 891 § 25-713]
A. 
Deck. In a residential district, a deck as an accessory use is limited to the side and rear yards. A deck may encroach into required side yard setbacks by no more than five (5) feet and may encroach into the required rear yard setback by no more than ten (10) feet.
B. 
Gazebo. A gazebo may be attached to a deck, but must follow the required deck setbacks and shall not exceed the height of the main structure. A freestanding gazebo is allowed only in the rear yard and shall be no closer than fifteen (15) feet to the rear property line.
[CC 1996 § 25-262; Ord. No. 891 § 25-714]
A. 
No fence or wall shall be constructed, repaired or replaced without a building permit.
B. 
All fences shall be constructed of chain link, masonry, wrought iron, commercial-grade plastic, woven wire, treated wood or vinyl.
C. 
A retaining wall may be permitted where it is reasonably necessary due to the changes in slope on the site, where the wall is located at least two (2) feet from any street right-of-way, and where the wall does not extend more than six (6) inches above the ground level of the land being retained.
D. 
In residential districts, the following restrictions and standards shall apply to all fences and walls:
1. 
Location.
a. 
Front Yard. A fence or wall exceeding three and one-half (3.5) feet in height may not be constructed in the front yard or in front of the front platted building line, whichever is further from the front property line.
b. 
Rear Yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. In the case of a double frontage lot whose rear yard abuts a collector or local street, a fence or wall over three and one-half (3.5) feet in height may not be constructed closer than eight (8) feet to the rear property line.
c. 
Side Yard. A fence or wall may be constructed on the side property line, provided that the fence or wall is built on the back building line of the structure.
2. 
Design Standards.
a. 
A fence or wall shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface.
b. 
All fence segments abutting an arterial or collector street, except on corner lots, shall provide one gate opening per lot.
E. 
In all commercial and industrial districts, a fence or wall may be constructed on any side or rear property line but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building.
[CC 1996 § 25-263; Ord. No. 891 § 25-715]
A. 
A garage, carport or storage building may be allowed as an accessory use in compliance with the following performance standards:
1. 
In the R-1 District, there shall be permitted one (1) detached garage or covered carport per residential structure. A detached garage or carport space shall not exceed two hundred and fifty (250) square feet for each three thousand (3,000) square feet of lot area. In no event shall the garage or carport area exceed a total of twelve hundred (1,200) square feet. An attached garage or carport shall be subject to the same required setbacks as the main structure, unless it is accessed from an alley. A garage accessed from an alley shall be no more than two (2) feet from the rear property line abutting the alley, and the side yard required for the main structure shall apply to the garage.
2. 
In the R-2 District a detached garage or carport shall be subject to the setbacks required for detached accessory structures as set forth in Division 1 of this Article and the setback requirements applicable to the R-2 District.
[CC 1996 § 25-264; Ord. No. 891 § 25-716]
A garden center as an accessory use in a commercial district shall be fully contained within or attached to a screened and covered portion of the primary structure.
[CC 1996 § 25-265; Ord. No. 891 § 25-717]
A. 
A greenhouse as an accessory use in a residential district may not exceed one hundred-twenty (120) square feet. All plants grown in greenhouses shall only be sold on the premises and in conformance with all home occupation requirements.
B. 
A greenhouse as an accessory use to a primary use in a commercial district shall be attached to the primary structure.
[CC 1996 § 25-266; Ord. No. 891 § 25-718]
A. 
A home occupation is permitted as an accessory use in a residential district subject to the following provisions:
1. 
Purpose And Intent. It is the purpose and intent of these requirements to:
a. 
Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;
b. 
Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors;
c. 
Establish criteria for operating home occupations in dwellings- units within residential districts; and
d. 
Ensure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
2. 
Allowed Occupations. Home occupations shall be one of the following:
a. 
Administrative services;
b. 
Artists, musicians, authors;
c. 
Arts and crafts;
d. 
Babysitting;
e. 
Beauty or barber shop; or
f. 
Catering;
g. 
Dressmaking, sewing or tailoring;
h. 
Home crafts;
i. 
Professional offices;
j. 
Tutoring;
k. 
Other home occupations that the Zoning Officer determines in writing, meet the criteria and conditions contained herein.
3. 
Area Of Use.
a. 
A home occupation shall be entirely contained within the interior of the residential structure on the site, and shall be clearly incidental to the use of the residence as a dwelling. No visible evidence of the business shall be apparent from the street or the surrounding area.
b. 
The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation.
c. 
A home occupation shall use no more than twenty five percent (25%) of the total dwelling unit's gross floor area.
d. 
No more than two home occupations shall be permitted within any single dwelling unit. If two home occupations are requested within the same dwelling, only one of the two may be a type of business that generates any outside traffic, including traffic from customers, employees, or delivery vehicles.
B. 
Employees. No more than one (1) person other than the residents of the dwelling unit may be engaged or employed in the home occupation and the number of residents engaged or employed on the premises in the home occupation shall not exceed two (2). If there are two (2) home occupations at a single dwelling unit, only one (1) of the home occupations may have a non-resident employee engaged or employed on the premises.
C. 
Visitation. Tutoring services shall be limited to the hours between 8:00 A.M. to 9:00 P.M. All other visits, except as otherwise provided, are limited to the hours between 8:00 A.M. to 5:00 P.M.
D. 
Deliveries. The receipt or delivery of merchandise, goods, or equipment shall only be by passenger motor vehicle or parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No home occupation shall be allowed that requires deliveries or parking that disturbs the normal neighborhood traffic flow.
E. 
Equipment Storage. There shall be no storage or display of equipment or supplies associated with the home occupation outside of a main or accessory structure.
F. 
Special Use Permit. A home occupation that does not comply with these provisions shall not be operated without first obtaining a special use permit in accordance with the procedures set forth in Article VIII.
[CC 1996 § 25-267; Ord. No. 891 § 25-719]
A. 
The following uses are accessory uses within a hotel or motel provided the use is located within the main structure and designed to serve occupants and patrons of the hotel or motel:
1. 
Restaurants;
2. 
Clubs;
3. 
Drinking establishments;
4. 
Banquet rooms;
5. 
Exercise rooms;
6. 
Package sales of alcoholic liquor or cereal malt beverages;
7. 
Newsstands;
8. 
Barber shops and hair salons;
9. 
Arcades.
10. 
Flower and gift shops;
11. 
Indoor or outdoor swimming pools provided that any outdoor pool is located at least one hundred (100) feet from any residentially zoned or used property.
[CC 1996 § 25-268; Ord. No. 891 § 25-720]
The installation of a hot tub, jacuzzi or other similar facility as an accessory use will require the proper permits for electrical, plumbing, and building permits, as necessary. A hot tub, jacuzzi or similar facility shall meet the setback requirements established for private swimming pools set forth in this Article and shall be contained completely within an area surrounded by a gated fence that complies with the requirements of the Building Code.
[CC 1996 § 25-269; Ord. No. 891 § 25-721]
A commercial kennel shall be permitted only by a special use permit.
[CC 1996 § 25-270; Ord. No. 891 § 25-722]
A. 
The outdoor display for the sale, lease or rental of vehicles, including automobiles, vans, sport-utility vehicles, trucks one ton or less, personal watercraft, motorcycles or small equipment as an accessory use of property shall be subject to the following minimum conditions:
1. 
Vehicles or equipment must be set back one (1) foot from all property lines.
2. 
No fencing is permitted in the area forward of the primary structure, or within the front yard setback if no structure exists on the premises.
B. 
Where required by this Chapter, the outdoor display for the sale, lease or rental of manufactured homes, motor homes, boats, large motorized maintenance, farming or construction equipment as an accessory use of property shall be subject to the following minimum conditions:
1. 
Vehicles must be set back fifteen (15) feet from all property lines.
2. 
No fencing is permitted in the area forward of the primary structure or within the front yard setback if no building exists on the premises.
[CC 1996 § 25-271; Ord. No. 891 § 25-723]
A temporary real estate sales office shall be allowed as an accessory use in a model dwelling unit and shall be limited in duration to not more than two (2) years of operation in any one subdivision. The office shall not serve as a residence during its use as a temporary real estate sales office.
[CC 1996 § 25-272; Ord. No. 891 § 25-724]
A. 
A non-commercial recreational facility shall be allowed without a special use permit only as an accessory use to a residential subdivision or church.
B. 
The following setbacks from adjoining residentially zoned or used property boundaries shall apply to all recreational facilities that are maintained as an accessory use:
1. 
Playgrounds shall be set back at least twenty (20) feet.
2. 
Courts and fields shall be set back at least fifty (50) feet.
3. 
A fence more than six (6) feet in height shall be set back from such boundaries a distance equal to the height of the fence.
C. 
The design and layout of all recreation facilities that are maintained as an accessory use shall minimize sound and light at the property line and impact on neighboring property.
[CC 1996 § 25-273; Ord. No. 891 § 25-725]
A. 
A temporary recycling collection facility shall be allowed as an accessory use if it is sponsored by a school, church, or non-profit community group, provided the following restrictions and conditions are met:
1. 
Containers are located only on the property of the entity sponsoring the recycling facility;
2. 
Containers shall not remain at the location for a period of more than fourteen (14) continuous days;
3. 
Collection facilities are not operated at the same location more than four (4) times within a twelve-month period of time;
4. 
Activity is at least one hundred fifty (150) feet from any adjacent property zoned or used for residential purposes;
5. 
The temporary facility is maintained in a clean, litter-free condition on a daily basis.
[CC 1996 § 25-274; Ord. No. 891 § 25-726]
A. 
Reverse vending machine is allowed as an accessory use in a non-residential district provided the machine:
1. 
Does not obstruct required parking spaces;
2. 
Does not substantially interfere with pedestrian or vehicular circulation;
3. 
Is maintained in a clean, litter-free condition on a daily basis,
4. 
Is illuminated to ensure comfortable and safe operation if operating hours is between dusk to dawn;
5. 
Is at least one hundred fifty (150) feet from any adjacent property that is zoned or used for residential purposes; and
6. 
Is located or soundproofed so that noise of the operation is imperceptible from the property line of property zoned or used for residential purposes.
[CC 1996 § 25-275; Ord. No. 891 § 25-727]
A. 
A satellite dish antenna shall be allowed as an accessory use subject to the following performance standards:
1. 
Ground-Mounted.
a. 
In residential districts, a ground-mounted satellite dish antenna shall be subject to the following performance standards:
(1) 
The maximum height shall be thirteen (13) feet from the grade where it is mounted.
(2) 
The antenna shall be located in the yard and shall be located a distance inside all property lines at least equal to its height In case of a corner lot, the antenna shall not be located closer to the street than the main structure. In the case of a double frontage lot, the antenna shall not be located closer to the rear street right-of-way than the rear building line.
(3) 
All cables and lines serving the antenna shall be located underground.
(4) 
No antenna shall be utilized as a sign.
b. 
In commercial districts, a ground-mounted satellite dish antenna shall be subject to the following performance standards:
(1) 
The maximum height shall be thirty (30) feet from the grade where it is mounted.
(2) 
The antenna shall be screened to the fullest extent possible without interfering with the operation of the antenna.
(3) 
No-antenna shall be utilized as a sign.
2. 
Roof-Mounted. In commercial districts, a roof-mounted satellite dish antenna is permitted subject to the following performance standards:
a. 
The antenna shall not extend more than thirteen (13) feet above the roof surface.
b. 
No antenna shall be utilized as a sign.
c. 
Any antenna of a temporary nature shall not be on the premises over seventy-two (72) hours.
3. 
The following antennas are exempt from the regulations of this Article to the extent preempted by federal law:
a. 
Satellite earth station antennas two (2) meters or less in diameter, if located in a non-residential district; satellite dish antennas one (1) meter or less in diameter, located on property within the exclusive use and control of the antenna user where the user has a direct or indirect ownership interest in the property and that is designed to receive direct broadcast satellite service, including direct-to-home satellite service;
b. 
Satellite dish antennas one (1) meter or less in diameter or diagonal measurement that are designed to receive video programming services via multi-point distribution services, including multi-channel/multi-point distribution services, instructional television fixed services, and local multi-point distribution services; and
c. 
Satellite dish antennas that are designed to receive television broadcast signals.
[CC 1996 § 25-276; Ord. No. 891 § 25-728]
A. 
Solar collectors are permitted accessory uses, provided that the following performance standards are met:
1. 
Roof-mounted solar collectors located on front or side building roofs, which are visible from the public right-of-way, shall not extend above the peak of the roof plane on which they are mounted, and no portion of the solar collector shall extend more than twenty four (24) inches perpendicular to the point on the roof where it is mounted;
2. 
Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of the solar collector shall extend more than four (4) feet perpendicular to the point on the roof where it is mounted;
3. 
Ground-mounted solar collectors shall not exceed eight (8) feet in total height and shall be located within the rear yard at least twelve (12) feet inside the property line. All lines serving a ground-mounted solar collector shall be located underground.
[CC 1996 § 25-277; Ord. No. 891 § 25-729]
A. 
A non-commercial swimming pool is allowed as an accessory use in a residential district upon satisfaction of the following performance standards:
1. 
A pool located in the rear yard must be at least fifteen (15) feet away from any rear or side lot line and at least thirty (30) feet from a principal structure on an adjoining lot;
2. 
A pool located in the side yard must be at least twenty (20) feet away from side lot line and at least thirty (30) feet from a primary structure on an adjoining lot;
3. 
If a pool is located on or surrounded by a deck, or is within five (5) feet of a deck, the setback for the deck shall also apply to the pool;
4. 
The pool shall be contained completely within an area surrounded by a gated fence, that complies with the requirements of the Building Code; and
5. 
No pool may be situated nearer to the front of the lot than the primary structure.
B. 
All other restrictions related to swimming pools shall be in accordance with the ordinances of the City.