§ 66-229. Accessory uses and structures.
(a)
General. Accessory uses and structures must comply with the following:
(1)
Number. No more than two accessory uses or structures shall be permitted per lot. On lots larger than one acre, no more than four accessory structures or uses shall be permitted per lot.
(2)
Location. Accessory structures shall be located only in the side or rear yards for non-corner lots. On corner lots accessory structures shall be located a minimum of 30 feet from the street right-of-way. Provided that on corner lots in R-6, M-F, and C-1 zoning districts, accessory structures shall be located a minimum of 20 feet from the street right-of-way.
(3)
Lot coverage. Accessory structures shall not cover more than 30 percent of the side or rear yard. No accessory structure shall be larger in gross square footage than the principal structure.
(4)
Setbacks. Accessory structures shall be set back a minimum ten feet from side and rear lot lines. Provided that in R-6, M-F, C-1, and PUD zoning districts accessory structures shall be set back at least five feet from side and rear lot lines. If an accessory structure in the R-6, M-F, C-1 or PUD zoning district is set back less than ten feet from the lot lines, then a fence of not less than six feet in height shall be installed between the accessory structure and the property line with the finished side facing the property line. The separation between the principle structure and the accessory structure shall comply with the provisions of the then current version of the state building code.
(5)
Height. Accessory structures, excluding garage apartments, shall have a height of no more than 15 feet. Provided, that in R-20, R-15, C-2 and C-3 zoning districts accessory structures may have a height of no more than 20 feet on the condition that the setback required under subsection (a)(4) of this section is increased one foot for each foot or portion thereof in excess of 15 feet in height. However, garage apartments shall comply with the maximum height of structures in section 66-163.
(b)
Accessory apartments, attached. Accessory apartments shall be allowed in R-20, R-15, R-6, PUD, C-1, and C-2 districts if all of the following criteria are met:
(1)
One additional off-street parking space shall be required;
(2)
Only one accessory apartment, whether attached or detached, shall be permitted per lot or use;
(3)
A site plan shall be submitted for approval to the planning department, or be part of the structure's initial zoning review; and
(4)
The gross floor area of the accessory apartment shall not exceed a maximum of 35 percent of the gross floor area of the principal structure or 800 square feet, whichever is less.
(c)
Accessory apartments, detached. Detached accessory apartments shall be allowed in all residential zoning districts if the following criteria are met:
(1)
The entire structure shall not exceed 35 percent of the gross total enclosed heated square footage of the existing single-family dwelling or 1,200 square feet, whichever is less;
(2)
One additional off-street parking spaces shall be required, except that two additional off-street parking spaces shall be required for detached accessory apartments over 800 square feet;
(3)
Detached accessory apartments shall comply with the requirements established in subsection (d) of this section, accessory buildings, except:
a.
The side and rear setbacks for any detached accessory apartment shall be 15 feet, or the respective minimum side and rear setback of a principal structure in the zoning district in which the property is located, whichever is less. In no case shall the side or rear setback be less than five feet. Corner lots shall follow the requirements set forth in subsection (d) of this section.
b.
The detached accessory apartment shall be located completely in the rear yard.
(4)
Only one accessory apartment, whether attached or detached, shall be permitted per lot.
(5)
Accessory apartments may be constructed over existing detached garages provided the garage meets the accessory building regulations.
(6)
In the M-F zoning district, accessory apartments, whether attached or detached, shall only be allowed when constructed in connection with any single-family attached or detached development which is allowed in the district.
(d)
Accessory buildings. Accessory buildings shall be allowed in all zoning districts if all of the following criteria are met:
(1)
Number of accessory buildings. In all districts, no more than two accessory buildings shall be permitted per lot, except that lots of four acres or greater shall be allowed no more than four accessory buildings.
(2)
Location of accessory buildings. On all lots, accessory buildings shall be located only to the side or rear of the principal structure. An accessory building shall not extend any closer toward the front of a lot than the forward most projection of the principal structure, including, but not limited to, porches, steps, entryways, etc.
(3)
Corner lots. On corner lots, accessory buildings shall be located no closer to the street than the front of the principal structure on the rear adjoining lot at a setback from the street equal to at least 50 percent of the length of the common property line. If the adjoining lot does not contain a structure, or if the adjoining structure does not meet the minimum front setback of the zoning district, an accessory building must meet the minimum front setbacks of the zoning district in which it is to be located.
(4)
Lot coverage. Accessory buildings shall not cover more than 30 percent of the required side or rear yard. The gross total square footage of all accessory buildings shall not exceed 100 percent of the heated square footage of the primary structure.
(5)
Setback. Accessory buildings shall be set back at least three feet from the side and rear lot lines in all districts. The separation between the principal structure and accessory building shall meet the state building code.
(6)
Height. The height of any accessory building shall not exceed the height of the primary structure or 35 feet, whichever is less.
(e)
Swimming pools. Swimming pools shall be allowed in all residential zoning districts as well as an accessory use for residential uses in any zoning district if all of the following criteria are met:
(1)
General requirements. Swimming pools, either above-ground or in-ground, shall be located in the side or rear yard. Swimming pool setbacks shall be measured from the property line to the edge of the pool, which extends closest to the property line. Swimming pools shall not extend beyond the front facade of the principal structure. For a corner lot, a swimming pool shall not extend beyond the front facade of the principal structure on the street side of the structure. Swimming pools shall meet all side and rear setbacks of the district in which it is located except in residential districts, where a swimming pool must be set back ten feet from the rear property line and ten feet from the side property line or the minimum side yard required in the district in which it is located, whichever is less. In-ground swimming pools shall not be included as an accessory building when determining the number of accessory buildings per lot. In-ground and above-ground swimming pools and associated decking shall be included when determining the maximum lot coverage.
(2)
Fence required. Every outdoor pool heretofore and hereafter constructed having a depth of 24 inches or greater at the deepest point, shall be separated entirely from public thoroughfares and neighboring properties by a securely constructed fence or similar barrier, designed to prevent unsupervised access by children. The fence or barrier shall be designed to meet the following criteria as required by appendix G of the state residential building code:
a.
The fence or barrier shall have a height of not less than four feet (from the outside approach), and of sufficient strength to eliminate unobstructed access thereto except at properly constructed entrance gates.
b.
Openings through a fence or barrier with the gate closed shall be constructed as not to have any openings that allow the passage of a four-inch diameter sphere. The fence and gate shall not contain any openings, indentations or protrusions (except for normal construction tolerances and tooled masonry joints) that would allow a child to pass under, through, or over the barrier.
c.
The fence or barrier may be constructed of wood, masonry or similar materials or by a chain-link or similar fencing with natural screening.
d.
Gates shall open outward away from the pool, and shall be of a self-closing and latching type which maintains the gate in a closed position when it is not open for the purpose of providing access to the pool, and shall be equipped to accommodate a locking device. Latch release mechanisms shall be located not less than 54 inches from the bottom of the gate, or shall be located on the inside of the gate at least three inches below the top of the gate.
e.
The exterior walls of a house or building may be incorporated as a portion of such fence to create a fully enclosed area around the pool when the conditions of AG105.2, item 9 have been met.
f.
Fence or barrier may enclose either the pool area only or the full property boundary area or any part of the property which includes the pool. However, if the entire premises of the residence are enclosed, then this provision may be waived by the building inspector upon inspection and approval of the residence enclosure.
g.
Above-ground pools may be exempt from the fencing requirements if they can be shown to comply with appendix G of the state residential building code.
(3)
Screening. All above-ground pools shall be completely screened on all sides. Such screening shall meet the following standards:
a.
Screening shall be constructed of durable material, either wood, chain-link, wrought iron, or other material designed for such purpose.
b.
The exterior walls of a house or building may be incorporated as a portion of such screening to create a fully enclosed area around the above-ground pool.
c.
Screening shall have a height of not less than four feet from the outside approach and no opening greater than four inches.
d.
All equipment included in the operation of the above-ground pool shall be located within the screened area.
(f)
Satellite dish antennas.
(1)
General requirements.
a.
A building permit is required when installing, moving or substantially constructing or reconstructing a dish antenna over two feet in diameter.
b.
A dish antenna must be installed in compliance with the manufacturer's specifications.
c.
In all residential districts, dish antennas must be permanently installed on the ground and shall not exceed 8½ feet in diameter. A dish of up to one meter in diameter may be permitted on rooftops, but only if the residential structure has no rear yard.
d.
In C-1, C-2, C-3 and O&I districts, dish antennas may either be installed on the ground or on the roof of the building, but not both. If installed on the roof, the dish shall:
1.
Not be larger than 8½ feet in diameter;
2.
Not project higher than eight feet above the maximum building height of the zoning district or no more than one-third the actual building height above the roof, whichever is less;
3.
Be set back at least 18 feet from the front and sides of the building; and
4.
Not be used for any advertising purposes.
A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck, but only if such location is at the rear or side of the building and all other requirements are met.
e.
If a dish antenna is repainted, the only permissible colors are the original colors used by the manufacturer (i.e., off-white, pastel beige, grey or pastel grey-green). Only one color is permissible at one time. The paint must have a dull, nonglossy finish and no patterns, lettering or numerals shall be permitted on either side of the dish surface.
f.
No dish antenna shall be installed in any public right-of-way, or drainage or utility easement.
g.
Dish antennas located on the roof of dwellings must be located on the rear portion of the dwelling roof. No part of the dish antenna may extend over the ridge into the front portion of the dwelling roof.
h.
The dish antenna cannot have a maximum height of more than one meter above the roof ridge.
(2)
Location in yards.
a.
A dish antenna shall be installed in the rear yard only, in all districts, except as provided in subsections (f)(1)c., (f)(1)d. and (f)(2)b. of this section.
b.
In C-1, C-2 and C-3 districts only, a dealer selling dish antennas may have a maximum of one such antenna installed in the front or side yard for display purposes, provided all other requirements are met. If a dealer displays a dish antenna in the front or side yard, his permissible sign area shall be reduced by one-half.
(3)
Setback requirements.
a.
The minimum required setback for dish antennas from the side lot line shall be the same as for the principal building, except on corner lots, the minimum required front yard setback on the side abutting the street shall be the same as the required front yard setback along that street.
b.
The minimum required setback for dish antennas from the rear lot line shall be ten feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the dish antenna come closer than four feet to the property line.
c.
In all cases, no dish antenna shall be located within 30 feet of any street right-of-way.
(g)
Manufactured or mobile homes. A manufactured or mobile home may not be used for the location of an accessory use or as an accessory building in any zoning district.
(h)
Outdoor stand-alone dog wash stations.
(1)
General requirements. Outdoor stand-alone do it yourself dog wash stations shall be permitted as an accessory use within commercial zoning districts and in all other zoning districts when approved as a part of a recreation facility.
(2)
Restraint. A four-foot fence shall enclose the station and a permanent tether be provided.
(3)
Parking. Two parking spaces shall be required for each station. Parking associated with the principal use may be shared to meet this requirement.
(4)
Location. Stations shall be placed so as not to impede vehicular, pedestrian, or bicycle traffic. Stations shall comply with any applicable ADA standards and shall not interfere with ADA requirements of the principal use. Stations shall comply with setbacks of the underlying zoning district.
(5)
Shade. Stations shall be shaded. Shade shall cover the entirety of the fenced or tethered area. Existing canopies, awnings, or vegetation may be used to satisfy this requirement.
(6)
Lighting. Lighting shall be dark sky and engineered so as not to shine onto adjacent properties.
(Code 2003, § 30-212; Ord. No. 02-21, § 1(19.82), 6-20-2002; Ord. No. 05-15, § 1, 6-6-2005; Ord. No. 10-06, § 1, 3-18-2010; Ord. No. 13-20, § 2, 8-15-2013; Ord. No. 15-07, § 2, 5-21-2015; Ord. No. 16-09 , § 5, 7-14-2016; Ord. No. O18-035 , § 1, 1-17-2019)