[Ord. No. 840, 3-9-2023]
A.
Intent. Building additions or improvements are to be attached to the principal building in a manner consistent with the zoning provisions of this Title and the Building and Construction Codes (Chapter 500). When not so attached, buildings or uses shall be deemed either accessory structures or accessory uses and be in compliance with the requirement of this Section.
B.
Accessory
Buildings — Development Criteria.
1.
Zoning. Accessory buildings as defined in Section 405.040 and as regulated herein are permitted in any district. However, no accessory building shall be constructed or placed on any lot prior to the start of construction of the principal building to which it is accessory, except as provided in this Section.
2.
Location And Placement.
a.
Residential Districts. No accessory building hereafter constructed
within the "R-1," "R-2," "R-3" and "R-4" Districts shall:
(1)
Be placed between the front of the principal building and the
front property line.
(2)
Be placed closer than ten (10) feet from the principal building,
or closer than five (5) feet from any other building on the lot.
(3)
Be placed closer than eight (8) feet to the rear property line.
(4)
For interior lots, be placed closer than eight (8) feet to the
side property line.
(5)
For corner or external lots, be placed closer than twenty (20)
feet to the side lot line adjacent to the street right-of-way. Setbacks
from interior side yard lot lines for corner and external lots shall
be at least five (5) feet.
(6)
On reversed corner lots, be placed closer to the side yard adjacent
to the street than the abutting required front yard of the adjoining
lot. Setbacks from interior side yard lot lines for reverse corner
lots shall be at least five (5) feet.
(7)
Encroach into any public easement.
(8)
Be used as sleeping quarters or contain kitchen facilities.
(9)
Be used for any purpose other than that which is accessory to
the use of the property.
(10)
Be used by anyone other than a resident of the premises.
(11)
Be involved in the conduct of any business.
b.
Non-Residential Districts. The following shall apply to accessory
buildings hereafter constructed within the "B-1," "B-2," "I-1" and
"I-2" Zoning Districts:
(1)
No accessory building shall occupy a required front yard setback.
(2)
No accessory building shall encroach into any easement.
(3)
Accessory buildings may be placed zero (0) feet from any interior
side or rear property line unless the lot abuts a residential dwelling
or a lot zoned for residential purposes, in which case a minimum setback
of fifteen (15) feet shall apply. However, in no case shall an accessory
use be within a dedicated buffer area if present.
(4)
For corner or external lots, accessory buildings shall be placed
a minimum of fifteen (15) feet from lot lines adjacent to the street
right-of-way.
3.
Lot Coverage, Appearance, Height And Size In Residential Districts.
a.
An accessory building shall not exceed the gross floor area of the
principal building or principal use served unless specifically approved
by the Board of Aldermen.
b.
Notwithstanding features unique to each lot which may cause to limit
accessory building size, such as but not limited to lot shape, topography,
easement locations, setbacks and location of other existing structures
on the property, square foot size of the principal structure, and
separate covenants and restrictions applicable to the property, the
following shall be applicable to maximum lot coverage for accessory
building(s):
(1)
On lots and parcels of less than five thousand (5,000) square
feet in the "R-1," "R-2," "R-3" and "R-4" Residential Districts, no
single permanent accessory building shall occupy more than forty percent
(40%) of the area of the side and rear yards, nor shall the combined
footprint area of all accessory buildings occupy more than fifty percent
(50%) of the area of the side and rear yards of the lot or parcel.
(2)
On lots and parcels of five thousand (5,000) square feet or
greater in the "R-1," "R-2," "R-3" and "R-4" Residential Districts,
no single permanent accessory building shall occupy more than twenty
percent (20%) of the area of the side and rear yards, nor shall the
combined footprint area of all accessory buildings occupy more than
thirty percent (30%) of the area of the side and rear yards of the
lot or parcel.
c.
Accessory buildings side walls shall not exceed sixteen (16) feet
in height.
d.
All accessory buildings, including portable accessory buildings,
shall be of similar color and design as the house. Approved primary
exterior materials include any combination of wood, brick, metal,
or vinyl.
C.
Accessory
Uses Development Criteria.
1.
Zoning. Accessory uses as defined in Section 405.040 and as regulated herein are permitted in any district where the principal use to which it is accessory is permitted.
2.
Location And Placement.
a.
Residential Districts. In "R-1," "R-2," "R-3," and "R-4" Districts:
(1)
No accessory use, including, but not limited to, accessory uses
without roofs such as patios, solar panels, water fountains, and swimming
pools, but excluding driveways, shall be located within five (5) feet
from any interior, side or rear property line.
(2)
For the storage of boats, personal watercrafts, motorcycles,
recreational vehicles, and trailers, a minimum three (3) foot setback
from any side or rear lot line shall be required.
(3)
For external and reversed corner lots, no accessory use other
than driveways shall be placed within the required side or rear yard
setback when these yards are adjacent to any public right-of-way,
except public alleys.
b.
Non-Residential Districts. In the "B-1," "B-2," "B-3," "I-1" and
"I-2" Districts, accessory uses may be zero (0) feet from any interior
side or rear property line unless the lot abuts a residential dwelling
or a lot zoned for residential purposes, in which case a minimum setback
of fifteen (15) feet shall apply. However, in no case shall an accessory
use be within a dedicated buffer yard area, if present.
3.
For corner or external lots, accessory uses shall be placed a minimum
of fifteen (15) feet from lot lines adjacent to the street right-of-way.
Exception: Driveway entrances may be zero (0) feet from the
property line.
D.
Accessory
Buildings — Portable.
1.
Zoning. Accessory buildings which are portable as defined in Section 405.040 and as regulated herein are permitted in any district.
2.
Location And Placement. Placement of portable accessory buildings
on a lot or parcel shall adhere to the same requirements as accessory
buildings as described in this Section.
3.
Size. Portable accessory buildings shall not be greater than fifteen
(15) feet in height and not larger than five hundred (500) square
feet.
4.
Number. The total number of portable buildings allowed shall be two
(2). However, lot coverage limits of side and rear yards as described
in this Section shall apply.
E.
Accessory Buildings — Temporary. Temporary buildings, as defined in Section 405.040 and as regulated herein, are permitted in any district.
1.
Temporary buildings or trailers may be used as construction offices,
field offices or for storage of materials to be used in connection
with the development of said tract, provided that said temporary structures
are removed from said tract within thirty (30) days after voluntary
suspension of work on the project or development after revocation
of building permits, or on order by the administrative official upon
a finding that said temporary structure is deemed hazardous to the
public health and welfare.
2.
Temporary real estate offices or sales offices may be established
in a display dwelling unit or temporary building. Said offices must
be closed and the operation discontinued, and all temporary structures
and facilities must be removed from the tract within thirty (30) days
after all lots or dwelling units have been sold, rented or leased.
3.
All other temporary buildings shall be reviewed and authorized by
the Building Inspector for a period not to exceed twelve (12) months.
However, upon request and upon a site inspection, the Building Inspector
may extend such a permit for a length of time deemed appropriate,
not to exceed twelve (12) months.
4.
Temporary buildings or trailers shall comply with the underlying
zoning district setback requirements, but in no case shall they be
located closer than twenty-five (25) feet to a property line of any
adjacent property.
[Ord. No. 840, 3-9-2023]
An accessory use, as defined in Section 405.040 and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.
