Auburn City Zoning Code
SUPPLEMENTARY DISTRICT
REGULATIONS
§ 152.050 ACCESSORY BUILDINGS AND USES.
(A) (1) Buildings and structures may be erected and land may be used for purposes which are clearly incidental, subordinate to, and customarily associated with the main permitted use of the same zone lot.
(2) The accessory building and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or distributing adjacent property or the users thereof and shall be on the premises of the main use. The accessory activities shall be controlled in the same manner as the main use, except as otherwise expressly provided for hereinafter.
(3) The determination of the eligibility of a proposed use as an accessory use shall be made by the Building Inspector and appeal can be made from his or her decision as set out herein.
(B) No accessory buildings shall be erected in any required front or side yard, and no detached accessory building shall be erected closer than five feet to any other building. Accessory buildings may be located in the rear yard, but shall not be closer that five feet to the rear lot line and shall not be closer to the side lot line than the required side yard setback of the district, except that if the building has a vehicular alley entrance, the sum of the width of the alley and the setback of that structure shall not be less than 20 feet.
(C) None of the following shall be permitted as an accessory use:
(1) Outdoor storage or overnight parking in a residential district of commercial trucks or buses over a one-ton manufacturer rated hauling capacity, but not including pickup trucks;
(2) Outdoor storage, except as specifically permitted in the district regulations;
(3) No accessory building will be created with more than 900 square feet in any residential zone. Building height will have a maximum height of 18 feet defined as from floor of the structure to the top of the roof. This includes any structure used as a detached garage, utility building or miscellaneous building on the lot; and/or
(4) No accessory building of any structure may be built without a home already being on the lot or side or rear lot owned by the same person.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.051 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.
In any nonresidential district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.052 REGULATION APPLICATION; PARKING AND STORAGE OF CERTAIN VEHICLES.
Motor vehicles including pickup campers and coaches, motorized dwellings, buses, boats and recreational equipment including boat and tent trailers, utility trailers, stock trailers, enclosed trailers, trailers used to haul recreational equipment and any other kind or type of trailer without current license plates shall not be parked or stored on any residentially owned property other than in completely enclosed buildings.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.053 STORAGE OF GOODS AND EQUIPMENT.
Goods, equipment, supplies, materials, machinery and parts thereof used for any industrial or commercial purposes shall not be stored on any residentially zoned property, except as provided under § 152.019, other than in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery providing at least an 80% screen and having a height of at least six, but no more than eight feet.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.054 LOT WIDTH.
The minimum lot width shall be measured at the minimum front yard setback line.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007)
§ 152.055 HEIGHT REGULATIONS.
Chimneys, cooling towers, elevator headhouses, fire towers, flag poles, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers, or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.056 YARD REGULATIONS.
(A) Front yards. The front yards heretofore established shall be adjusted in the following cases:
(1) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed and the buildings on this side of a block have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings; provided that, no building shall be required to have a front yard setback of more than 50 feet.
(2) Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have a front yard less than the required, new buildings shall not be erected closer to the street than the nearest building on the block.
(B) Structural projections. The ordinary projections of chimneys and flues, buttresses, eaves, overhangs, open-unenclosed steps or stoops up to five feet in height may extend into required yards for a distance of not more than two feet in the required side yard and not more than five feet in the required front yard.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.057 FENCES.
Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction offenses.
(A) No fence shall be constructed which will constitute a traffic hazard.
(B) No fence shall be constructed in the manner or be of the design as to be hazardous or dangerous to persons or animals.
(C) No fence in a residential district, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of height greater than six feet; except in the required front yard where no fence may be constructed of a height greater than four feet; provided, however, that, the Board of Adjustment may, as an exception, authorize the construction of a higher fence if the Board finds the public welfare is preserved.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.058 SATELLITE DISHES.
It shall be unlawful for any person to erect, install or maintain, either as owner, agent or as contractor for the owner or otherwise, any parabolic type television antennae, sometimes called a “satellite dish” until an inspection permit shall have been issued by the City Clerk.
(A) Application for a permit shall be made at the City Clerk’s office on forms provided by the City Clerk, furnishing information describing the proposed antennae, its shape, dimensions and exact location. A fee as set by the City Council shall be paid to the City Clerk.
(B) The antennae shall have no advertising thereon other than trademark. It shall be mounted on a permanent concrete pad or on a permanent structure, approved for the installation by the Building Inspector. Construction shall meet the provisions of the Uniform Building Code, and shall be approved by the Building Inspector.
(C) In all districts, the antennae shall be located in the back yard, no closer than five feet to a property line.
(D) Small digital satellite dishes, 24 inches or less in diameter are excluded from building permit requirements and may be located in a yard or on any structure.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.059 SIGHT TRIANGLE.
On a corner lot in all districts, except C-1 Central Commercial District, continuous unobstructed sight distance shall be provided for safe traffic operations. No obstruction, including fences, hedges, walls, shrubbery or other human-made of natural obstructions, shall exist between a height of two and one-half and ten feet within sight triangle. The following diagrams depict “sight triangles” in which obstructions are prohibited.
Collector and arterial streets | 90 feet from centerline of intersecting streets |
Local streets | 75 feet from centerline of intersecting street |
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.060 HOME OCCUPATIONS.
(A) Restrictions and limitations. A home occupation may be carried on within a dwelling unit under the following conditions.
(1) No person other than members of the family residing on the premises shall be engaged in the occupation.
(2) The use of the dwelling unit for the one occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. The maximum allowable area that may be utilized in conducting the home occupation shall be equal to 25% of the floor area of the dwelling unit.
(3) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation other than one sign, not exceeding two square foot in area, nonilluminated and mounted flat against the wall of the principal building.
(4) An accessory building shall not be used for a home occupation.
(5) No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required front yard.
(6) No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in the line voltage off the premises.
(7) No outdoor storage of materials or equipment used in the home occupation shall be permitted.
(8) All home occupations must be registered on an application form prescribed by the city and a permit must be received from the office of the City Clerk upon approval of the Building Inspector on an annual basis. The initial permit shall require a fee in the amount as set by resolution for the permit. All annual renewals shall require a fee in the amount as set by resolution. All home occupations must by registered by 2-1-1998.
(B) Particular home occupations permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that, each listed occupation is subject to requirements of division (A) above:
(1) Art, dancing and music schools; provided that, instruction is limited to five pupils at one time;
(2) Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers and similar professions;
(3) Offices for realtors, insurance agents, brokers, sales representatives and manufacturing representatives when no exchange of tangible goods is made on the premises;
(4) Radio, television, phonograph, recorder and all appliance repair services;
(5) Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making and the like;
(6) Tailoring, alteration and seamstresses;
(7) Saw filing;
(8) Beauty parlor or barber services;
(9) Daycare facilities, providing for no more than six children (excluding children residing at the property); and
(10) Bed and breakfast; provided, off-street parking is provided and no more than four guests are allowed.
(C) Particular home occupations prohibited. Permitted home occupations shall not in any event be deemed to include:
(1) Mortuaries or funeral homes;
(2) Restaurants;
(3) Stables or kennels;
(4) Antique shops;
(5) Physicians, dentist or other licensed medical practitioners;
(6) Auto repair; and
(7) Small engines/engine repair.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.061 TEMPORARY USES PERMITTED.
(A) Contractor’s office. Contractor’s office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of the project.
(B) Real estate office. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
(C) Seasonal sales. Seasonal sale of farm produce grown on the premises in an agricultural district. Structures incidental to the sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
(D) Garage or yard sales. The sale of personal items on an infrequent basis at a residential use. Sales shall be limited to no more than three days in any one-month period and no more than three sales per year. Sales shall be conducted on the owner’s or renter’s property and not on or within the public right-of-way.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999
§ 152.062 NEW WATER WELLS.
(A) No new water wells, except city wells, shall be drilled or constructed within the zoning jurisdiction of the city.
(B) For a property that cannot be served by the city water system or by a Rural Water District, an applicant may apply for a special use permit for a single well per tract or lot; provided that, the well shall not be designed or capable of producing more than 50 gallons of water per minute.
(C) An applicant may also seek a special use permit for replacement wells and commercial or industrial wells, excluding irrigation wells, having more than 50 gallons per minute capacity.
(Prior Code, § 11-411) (Ord. 10-07, passed 7-23-2007; Ord. 22-07, passed 9-10-2007) Penalty, see § 152.999