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:
(1) 
Retaining walls;
(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)