[Ord. 28, 12-17-2000/Amend. U-25; Ord. 38-2003, eff. 12-31-2003; Ord. 36-2005, § 1, eff. 12-14-2005; Ord. 40-2005, § 1A, eff. 12-30-2005; Ord. No. 12-2010, § 1, eff. 5-13-2010; Ord. No. 33-2016, § 2, eff. 12-13-2016; Ord. No. 57-2021, § 1, eff. 12-27-2021; Ord. No. 58-2021, § 3, eff. 12-27-2021; Ord. No. 5-2023, § 1, 5-22-2023]
The following standards shall apply to all accessory uses and structures unless otherwise specifically provided. For exceptions to these standards, see Chapter
925.
A. Front Setback. Accessory structures shall comply with the front setback and front yard standards that apply to primary uses, except as allowed in Section 925.06.A or as an Administrator's Exception in Section 925.06.G. (See Section
925.06)
B. Rear Setback. Accessory structures and uses shall not be required to comply with the rear setback standard that applies to principal uses, except as allowed in Section 925.06.A or as an Administrator's Exception in Section 925.06.G. Accessory structures and uses shall be set back at least five (5) feet from the rear lot line when the rear lot line is not adjacent to a way. Accessory structures and uses may be set back at least two (2) feet from the rear lot line when the rear lot line is adjacent to a way.
C. Side Setbacks. Accessory structures and uses shall comply with the side setback standards that apply to primary uses, and shall not be permitted in the side yard under the Contextual Setback provisions of Section 925.06.C, but shall be permitted in the side yard in accordance with Section 925.06.A or with the Administrator Exception provisions of Section 925.06.G.
D. Setbacks from Easements. No accessory structure shall be located on any platted or recorded easement, or over any known utility.
E. Height. No accessory structure shall exceed fifteen (15) feet or one (1) story in height in a residential zoning district or twenty (20) feet in height in a nonresidential zoning district.
F. Building Separation. Unless attached to the primary structure, accessory structures shall be located at least three (3) feet from a primary structure.
G. Accessory Telecommunications Towers, Antennas, Stations, and Communication Facilities. In addition to the provisions and conditions in this Section, all building-mounted telecommunications Towers, Antennas, Stations and/or Communications Facilities are subject to and shall comply with all the applicable provisions and conditions in Section 911.04.A.13, Section (a) of this Zoning Code and shall be located and designed as follows:
1. Roof mounted Towers, Antennas, Stations and/or Communications Facilities shall be located no closer than five (5) feet to the nearest edge of the roof;
2. Wall-mounted Towers, Antennas, Stations and/or Communications Facilities are prohibited under forty (40) feet from existing grade;
3. Wall-mounted Towers, Antennas, Stations and/or Communications Facilities forty (40) feet or higher above grade may be approved by and Administrator's Exception (Section
922.08). The Zoning Administrator's review will be limited to requiring that the Towers, Antennas, Stations and/or Communications Facilities be compatible with the architecture of the building and its surroundings, the character of the neighborhood, and sensitivity to the skyline;
4. New concealed, stealth or camouflaged Towers, Antenna, DAS or Alternative Antenna Support Structures which are designed to blend in with the surroundings, including but not limited to, Antennas located in a structure such as a church steeple, or bell tower but which are not noticeable to the reasonable observer, and Antennas disguised as things such as trees, flagpoles, chimneys, grain silos or anything consistent with the surroundings, may be exempt from setback requirements, and shall be subject to Design Review and Site Plan Review approval.
7. The applicant shall adhere to the requirements of Section 911.04.A.13(a)(8) of this Zoning Code pertaining to application submissions and said applicant shall demonstrate to the satisfaction of the Zoning Administrator that there are valid considerations, including physical constraints or technological feasibility, for the location of additional Towers, Antennas, Stations, Communications Facilities and/or panels on existing Tower, Antenna, Station and/or Communications Facility structures. The information submitted by the applicant shall include a map of the area to be served by the proposed Towers, Antennas, Stations, Communications Facilities and/or panels, the relationship of the proposed Tower, Antenna, Station, Communications Facility and/or panel to other Towers, Antennas, Stations, Communications Facilities and/or panels, and any information required by the Zoning Administrator;
8. All obsolete, damaged, or unused Towers, Antennas, Stations and/or Communications Facilities shall be removed within sixty (60) days of cessation of use. In the event obsolete, damaged, or unused Towers, Antennas, Stations and/or Communications Facilities are not removed within sixty (60) days of cessation of use, then Sections 911.04.A.13(a)(9)—(11) of this Zoning Code will apply, in addition to any other remedy available to the City;
9. No Towers, Antennas, Stations and/or Communications Facilities located in an R1D, R1A, R2-L, RM, GPR, P or H Zoning District shall exceed fifteen (15) feet in height;
10. No Towers, Antennas, Stations and/or Communications Facilities located in an NDO, LNC, NDI, UNC, HC, OPR, GI, UI, EMI, GT, or DR Zoning District shall exceed twenty (20) feet in height.
H. Dumpsters. All dumpsters must have a minimum six-foot screen wall and landscaping must be provided. The Zoning Administrator must approve material for the wall and plantings.
I. Extensive Green Roofs. Extensive Green Roofs are lightweight veneer systems of thin layers of drought tolerant self-seeding vegetated roof covers.
(1) Extensive Green Roofs permitted by-right shall not have more than five (5) inches of soil medium.
(2) All Extensive Green Roofs shall have at least a one (1) foot perimeter of vegetation-free zone around the edges of the roof and around all roof penetrations (i.e. skylights, pipes, etc).
J. Intensive Green Roofs. Intensive Green Roofs are heavier than Extensive Green Roofs. For the purposes of this Code the term means any Green Roof with soil mediums greater than five (5) inches.
(1) All Intensive Green Roofs shall have at least a one (1) foot perimeter of vegetation free zone around the edges of the roof and around all roof penetrations (i.e. skylights, pipes, etc.).
K. Fences and Walls. Fences; walls; hedges and landscaping architectural features; and similar features shall be permitted in all districts and shall be subject to the Materials and Methods and Opacity Standards in Section 918.03.B.1, and the standards below, unless otherwise stated.
(1) In front or side yards where the fence extends closer to a street than the primary structure, only open and ornamental fences are permitted, and shall be no taller than four (4) feet in height;
(2) In all other instances, fences, walls, and similar features are permitted within required setbacks to a height of six (6) feet and may be opaque;
(3) Fences that do not comply with the height standards above may be reviewed and approved in accordance with the Administrator Exception procedures of Section
922.08 subject to the following standards:
a. No fence or wall shall exceed a height of one (1) foot in addition to what is permitted in the standards above; and
b. The exception shall not have a detrimental impact on adjacent, impacted, properties or streets.
(4) In the GI District opaque fences up to six (6) feet are permitted in front or side yards;
(5) Fences and walls in the RIV District are permitted subject to Section 905.04.H.1; and
(6) Barbed wire and razor edge are not permitted in any district.
L. Parking Pads and Garages for Residential Uses with Fewer than five (5) Spaces. Parking pads and garages for residential uses that do not exceed four (4) spaces and do not comply with the setback standards for accessory uses and structures may be approved subject to the standards below.
(1) Parking pads and garages shall be permitted in setbacks in side and rear yards;
(2) In exterior side yards, parking pads and garages shall not be closer to the street than the primary structure;
(3) In front yards, parking pads and garages shall be set back five (5) feet from the front of the primary structure;
(4) Runoff shall be contained on-site and directed away from abutting properties; and
(5) Parking pads shall provide enough area to reasonably accommodate the parking spaces provided, using Section 914.09.H for guidance, and in no case shall be smaller than the minimum standards for compact-size parking stalls. Parking spaces must be provided on-site without encroaching on public rights-of-way or neighboring properties unless legal access has been granted through easements or similar measures.
M. Drive-Through Uses.
1. Drive-through uses shall be permitted by-right in the HC, Highway Commercial Zoning District, and subject to the following standards:
a. The applicant shall provide a transportation impact study, based on an approved transportation scoping form, prepared by a qualified transportation engineer, for review and approval by the Department of Mobility and Infrastructure. The applicant shall implement any required mitigation from the detrimental impacts of the drive through use, as determined in the approved transportation impact study.
2. Drive-through uses shall be permitted as a Special Exception in the GI, General Industrial Zoning District, and subject to the following standards:
a. The applicant shall provide a transportation impact study, based on an approved transportation scoping form, prepared by a qualified transportation engineer, for review and approval by the Department of Mobility and Infrastructure. The applicant shall implement any required mitigation from the detrimental impacts of the drive through use, as determined in the approved transportation impact study.
b. The Zoning Board of Adjustment shall determine that such use will not create detrimental impact on surrounding properties, taking into consideration transportation-related impacts, and the physical relationship of the proposed use and structure to the surrounding businesses and uses.