The purpose and intent of the accessory building, accessory
structures and accessory use regulations is to:
(1)
Maintain neighborhood and community integrity and preserve the
existing character of neighborhoods by encouraging compatible land
uses.
(2)
Provide the residents of the city the opportunity to use their
property to enhance the quality of life and/or fulfill personal objectives
as long as the use of the property is compatible with the land uses
or character of the neighborhood.
(3)
Assure that public and private services such as streets, water,
stormwater drainage, and electrical systems are not burdened by accessory
uses to the extent that the accessory usage exceeds that which is
normally associated with the principal use of the property.
(Ordinance 2006-10-00577, sec. 1,
adopted 10/16/06; Ordinance
2023-05-00979 adopted 5/4/2023; Ordinance 2024-03-00998 adopted 3/21/2024)
(a)
Accessory buildings and structures may be erected, maintained,
and used for purposes which are clearly subordinate to the principal
building, structure, or use permitted on the premises.
(b)
Accessory buildings, structures, and uses shall be so constructed,
maintained, and utilized so that the use of the building, structure
or equipment located therein does not produce excessive noise, vibration,
concussion, dust, dirt, smoke, odors, noxious gases, heat, traffic,
glare from artificial illumination or from reflection of light that
may be offensive to persons of ordinary sensibilities that occupy
surrounding properties.
(c)
The total square footage of the principal building or structure
and any accessory buildings or structures shall not exceed the lesser
of fifty thousand (50,000) square feet or thirty percent (30%) of
the lot square footage without a specific use permit. Additionally,
the total square footage of an accessory dwelling unit shall not exceed
six hundred (600) square feet without a specific use permit. A specific
use permit for an accessory dwelling unit in excess of six hundred
(600) square feet may be granted by the city council when such property
owner can show the following:
(1)
Does not contain or support a use inconsistent with the zoning
district regulation applicable to the property;
(2)
Use of structure does not cause traffic congestion;
(3)
Does not support use by any person other than owner or occupant
of the principal building, structure, or dwelling; and
(4)
That size and mass of the structure is consistent with the surrounding
uses.
(d)
Except as provided herein, no trailers, containers, commercial boxes or other similar prefabricated containers shall be used as accessory buildings or structures. Exceptions to this subsection
(d) are as follows:
(1)
Agriculture uses with five (5) acres or more may utilize trailers,
containers, or commercial boxes for permanent storage located behind
the principal building or structure and completely obscured from public
view; or
(2)
In industrial and commercial zoned districts, trailers, containers,
or commercial boxes for temporary storage facilities may be used for
a period not to exceed ninety (90) days total in any one calendar
year. Such industrial or commercial temporary storage facilities shall
be located behind the principal building or structure and completely
obscured from public view. The director of development services may
extend the allowable time in thirty (30) day increments up to a maximum
of one hundred and eighty (180) days, provided the property owner
provides just cause for the extension.
(e)
Except in the agricultural use district (AO), accessory buildings
shall be built after the principal building or structure is substantially
complete. Accessory buildings used for agricultural purposes that
may be built before the principal building or structure in AO districts:
(1)
Include, but are not limited to: pole barns, livestock barns,
riding arenas, implement storage facilities, and loafing sheds.
(2)
Shall not contain area(s) designed or intended to be used for
human habitation for living, sleeping, cooking and/or eating.
(Ordinance 2006-10-00577, sec. 1,
adopted 10/16/06; Ordinance
2016-10-00845 adopted 10/20/16; Ordinance 2020-08-00920 adopted 8/20/20; Ordinance 2023-05-00979 adopted 5/4/2023; Ordinance 2024-03-00998 adopted 3/21/2024)
The following accessory structures are exempt from this division:
(2)
Air-conditioning mechanical equipment;
(3)
Uncovered flatwork (such as, but not limited to, patios, sidewalks,
concrete pool decking and driveways);
(4)
Playhouses less than one hundred and twenty-five (125) square
feet without running water or electricity, playground equipment, tree
forts, and similar structures located behind the front of the principal
building or structure; and
(5)
Temporary (less than seven (7) days) membrane structures (such
as, but not limited to, tents and bounce houses).
(Ordinance 2008-06-00617 adopted 7/19/08; Ordinance 2023-05-00979 adopted 5/4/2023; Ordinance 2024-03-00998 adopted 3/21/2024)
In all residential districts, accessory buildings and structures
shall comply with the following standards except as may be otherwise
specifically provided for in this code:
(1)
Types of accessory buildings and structures.
(A)
Attached accessory buildings and structures.
Accessory
buildings and structures that are physically attached to a principal
building or structure or located less than ten feet (10') from
the principal building or structure shall be considered attached accessory
buildings or structures.
(B)
Detached accessory buildings and structures.
Accessory
buildings and structures which are physically located ten feet (10')
or more from a principal building or structure and a minimum of ten
feet (10') behind the required front setback line shall be considered
detached accessory buildings.
(2)
Design.
(A)
Attached accessory buildings and structures shall be designed
to be architecturally compatible with the principal building, structure
or dwelling and constructed of similar materials as the principal
building.
(B)
Detached accessory buildings shall be constructed of materials
designed for construction and have a minimum life expectancy of at
least twenty (20) years.
(3)
Setbacks.
(A)
Accessory buildings:
(i) Front yard setback: Attached accessory buildings
or structures shall meet the required setback of the principal building
or structure. Detached accessory buildings or structures shall be
setback a minimum of ten feet (10') behind the rear build line
of the principal building, structure or dwelling. A specific use permit
may be granted to allow a detached accessory building or structure
to be located in front of the principal building, structure or dwelling
in AO and R-2 (Residential 2-acre) zoned districts and shall require
a three-hundred foot (300') front yard setback.
(ii) Rear yard setback: Accessory building and structures
shall have a minimum setback of twenty feet (20').
(iii) Side yard setbacks: Accessory building and structures
shall be twenty feet (20') unless the side yard is adjacent to
a street. Side yards adjacent to a street shall meet the required
side yard setbacks as the principal building or structure.
(iv) Where a build line is established on a plat, which
is not consistent with this article, the build line that is the greater
distance from the front property line shall be observed.
(v) No required parking shall be allowed within the
required front yard setback.
(B)
In-ground swimming pools, sports courts, tennis courts and similar
uses shall maintain a minimum rear yard setback of twenty-five feet
(25'), a minimum side yard setback of twenty feet (20')
and if the in-ground pool is in front of the principal building it
shall maintain a front setback of three hundred feet (300').
In-ground swimming pool setbacks shall be measured from the inside
wall of said pool.
(C)
The inside wall of an aboveground swimming pool and any elevated
decking associated with an aboveground swimming pool shall be located
behind the principal building and shall maintain a minimum rear yard
setback of fifty feet (50') and a minimum side yard setback of
twenty-five feet (25').
(4)
Accessory dwelling units (ADUs).
ADUs may only
be used and/or occupied by the owner/occupant of the principal building,
structure, or dwelling unit, their family, invited guests and/or domestic
staff. An ADU may be a standalone structure, attached but not interconnected
to the principal building, structure, or dwelling, or be a part of
a permitted accessory building. All areas associated with, or providing
support to an ADU shall be used in calculating the square footage
of the ADU. These areas include but are not limited to habitable spaces,
closets, halls, corridors, bathrooms, porches, patios, storage rooms,
and covered vehicle storage areas. The calculation of area associated
with an ADU is not intended to include areas of accessory buildings
that are isolated and/or delineated for other uses, including but
not limited to areas used as a barn, workshop, game/party room, art
studio, or pool house. ADUs shall comply with the following:
(A)
General regulations for ADUs:
(i) Only one (1) accessory dwelling unit may be constructed
or maintained on a lot.
(ii) ADUs shall meet the requirements for safety and
occupancy of the International Residential Code as adopted by the
city from time-to-time.
(iii) ADUs may not be rented, bartered, leased, or
exchanged separate and apart from the principal building or structure.
(iv) Detached ADUs shall be limited to a maximum height
of twenty-five feet (25') measured to the peak of the roof of
the structure.
(B)
Specific regulations for ADU square footage based on zoning
district:
(i) In R-2 zoning districts, a maximum of six hundred
(600) square feet. An additional nine hundred (900) square feet may
be permitted with a specific use permit. Total area of ADU shall not
exceed one thousand and five hundred (1,500) square feet.
(ii) In R-1.5 zoning districts, a maximum of six hundred
(600) square feet. An additional six hundred (600) square feet may
be permitted with a specific use permit. Total area of ADU shall not
exceed one thousand and two hundred (1,200) square feet.
(iii) In R-1 and AO zoning districts, a maximum of
six hundred (600) square feet. An additional four hundred (400) square
feet may be permitted with a specific use permit. Total area of ADU
shall not exceed one thousand (1,000) square feet.
(Ordinance 2006-10-00577, sec. 1,
adopted 10/16/06; Ordinance
2008-06-00617 adopted 7/19/08; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2016-10-00845 adopted 10/20/16; Ordinance
2020-08-00920 adopted 8/20/20; Ordinance 2023-05-00979 adopted 5/4/2023; Ordinance
2024-03-00998 adopted 3/21/2024)