Bell City Zoning Code
ARTICLE 13
Accessory Structures and Uses
§ 13.01 Accessory Structures.
(a)
The following accessory uses are permitted in any lot yard within any zoning district:
(1)
Arbors or trellises,
(2)
Air conditioning and mechanical equipment shelters/enclosures,
(3)
Boardwalks,
(4)
Driveways,
(5)
Fences and hedges,
(6)
Flagpoles,
(7)
Garden,
(8)
Lampposts,
(9)
Landscaping,
(10)
Lawn furniture, such as benches, sundials, birdbaths, and similar architectural features,
(11)
Mailboxes,
(12)
Ornamental/landscaping lights,
(13)
Play equipment and playhouses,
(14)
Public utility installations for local service (such as poles, lines, hydrants, pump enclosures, and telephone booths, lift stations, generators),
(15)
Retaining walls,
(16)
Sidewalks,
(17)
Steps,
(18)
Streets,
(19)
Terraces, patios, and outdoor fireplaces,
(20)
Tennis courts, private,
(21)
Trees, shrubs and flowers[.]
(b)
Other accessory buildings, structures, and uses shall be permitted based upon the regulations of this article.
(Ordinance 99-0928-A adopted 10/12/21)
§ 13.02 Residential Accessory Buildings.
The following regulations shall apply to buildings accessory to residential uses, such as garages, storage sheds, pole barns, gazebos and roofed buildings. These regulations do not apply to commercial, office, institutional or industrial accessory buildings.
(a)
Relation to Principal Building.
Detached garages, storage buildings, gazebos or other accessory structures shall not be constructed on a lot unless a residence already exists on the lot. An accessory building may be located on an adjacent lot that is under the same ownership and contiguous with the lot containing the residence.
(b)
Number of Accessory Buildings.
There shall be no more than one (1) detached accessory building per lot, including adjacent lots or lots across the street. One (1) gazebo and one (1) shed less than 100 square feet may be permitted in addition to the accessory building.
(c)
Locations for Detached Accessory Buildings.
Detached accessory buildings, storage sheds and gazebos shall only be located as follows:
Table 13.1. Accessory Building Locations Setback (1, 2) | |
|---|---|
Locations Permitted | Minimum Setback from Lot Line |
Front Yard | Not Permitted (3) [sic] |
Side Yard | Zoning District Setback |
Rear Yard | 3 Feet from Rear Lot Line 3 Feet from Side Lot Line |
Corner Lot Side-Street Yard | Front Yard setback of Zoning District |
(1)
Accessory buildings shall not be located within a dedicated easement or right-of-way.
(2)
Detached accessory buildings shall be set back a minimum of 5 feet from the principal residential building. Each accessory structure must stand on its own and may not be constructed or attached to any other structure
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(e)
Use.
Accessory buildings shall not be occupied for residential, domicile or dwelling purposes. Accessory buildings shall not have plumbing for sewer or water. This restriction shall not apply where a special use has been granted for an accessory dwelling.[2]
(f)
Attached Garages.
Garages that are structurally attached to a principal building by connection of walls or a roof shall be subject to, and must conform to, all regulations of this Ordinance applicable to the principal building, including setbacks and lot coverage. Attached garages shall not exceed the height of the living portion of the principal structure/residence.[3]
(Ordinance 99-0928-A adopted 10/12/21)
§ 13.03 Porches, Decks, and Patios.
(a)
Front Yard.
An open, unenclosed porch, patio or terrace may project into a required front yard setback for a distance not exceeding 12 feet, including side streets on corner lots. The porch may have a roof and railing; however, a porch that is enclosed by walls or windows shall be subject to the front yard setback applicable to the principal building, as set out in the applicable zoning district.
(b)
Side Yard.
Decks and porches must not be closer to an interior side lot line than the minimum required side yard setbacks that apply to the principal structure on the property, as set out in the applicable zoning district.
(c)
Rear Yard.
Decks, open, unenclosed and uncovered porches, patios and terraces may project into a required rear yard setback for a distance not exceeding 10 feet.
(d)
Second-Story Decks.
Second-story decks, including any walkway connecting the second-story deck to a first-story deck, a ground-level deck, or a deck located above a walk-out basement, may extend into the rear yard setback, provided it does not extend more than 10 feet from the rear of the dwelling.
(e)
Privacy Fences and Screens.
Any privacy fence or privacy screen attached to a deck or porch shall be permitted in the side or rear yard, not exceeding six (6) feet in height measured from the ground below.
(Ordinance 99-0928-A adopted 10/12/21)
§ 13.04 Pools and Hot Tubs.
(a)
Location.
Swimming pools, spas, hot tubs and similar devices shall not be located in any front yard. Swimming pools, spas, hot tubs and similar devices shall be set back at least 10 feet from the rear lot line and meet the side yard setback of the zoning district it is within.
(b)
Security Fencing.
All outdoor swimming pools, shall be enclosed by a fence as follows:
(1)
Swimming pools above and below the surface of the surrounding land shall be completely enclosed by a fence. The fence shall be equipped with a gate at all points of entry unless entry is directly from the main or accessory structure. All gates and doors shall be equipped with self-closing and self-latching devices and at least 4 feet in height.
(2)
The more strict of the Zoning Ordinance or International Building Code adopted will be enforced.
(Ordinance 99-0928-A adopted 10/12/21)
§ 13.05 Fences and Walls.
(a)
All Zoning Districts.
(b)
Fences in Residential Zoning Districts.
(1)
Fences shall not be allowed within front yards, unless it’s a decorative wooden picket or split rail fence, with a maximum height of three (3) feet.
(2)
Fences and walls located within the side or rear yard shall not exceed a height of 6 feet.
(3)
Fences and walls shall be constructed of materials such as wood, metal, brick, stone, [or] vinyl having the appearance of wood. The finished side of any fencing shall face outward towards the street or neighboring properties.
(4)
Fences shall not contain barbed wire, electric current or charge of electricity.
(c)
Nonresidential Districts.
(1)
Fences and walls shall be permitted in the side and rear yard in any nonresidential district.
(2)
Fences and walls in the nonresidential districts shall not exceed eight (8) feet in height.
(3)
Fences and walls shall be constructed of materials such as wood, metal, brick, stone or vinyl having the appearance of wood. Poured concrete, concrete block or other similar materials may only be used for walls not facing a street or residential district. The finished side of the fence shall face outward towards the street or neighboring property.
(d)
Retaining Walls.
(1)
Retaining walls shall not be located closer than two (2) feet to any property line. Grades at the property line shall not be changed.
(2)
The maximum height of any retaining wall shall be four (4) feet. Where taller walls are required, the retaining wall shall be stepped or tiered.
(3)
Retaining walls shall be set back from all lot lines and shorelines a distance equal to their height. For stepped or tiered retaining walls, each tier shall be set back so that the cumulative total height of all tiers equals the setback of the top tier.
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(4)
The Planning and Zoning Commission may approve taller retaining walls than allowed in paragraph (2) above and reduce the setbacks from that which is required in paragraph (1) or (3) above. They may also grant approval for such retaining wall, following a public hearing under section (2.09) [article 20], based upon the following criteria:
(a)
Steep topography on the site prevents development of the lot within the limits set for the retaining wall height and setback. The decrease in setback or increase in height shall be the minimum possible to provide for a reasonable building site on the lot.
(b)
Views from adjacent property shall not be obstructed as a result of the increased retaining wall height or decreased setback, above and beyond the obstruction that would be caused by alternative construction methods.
(c)
The impact to topography and woodlands shall be no more than the impact from development of the site with a greater number of lower, tiered retaining walls or other alternative construction methods.
(d)
Adequate emergency access is provided around the building site.
(5)
Retaining walls shall be constructed of stone, brick, interlocking decorative concrete block, wood or other similar quality material approved by the Planning and Zoning Commission. The use of broken concrete or slag for retaining walls shall not be permitted.
(Ordinance 99-0928-A adopted 10/12/21; Ordinance adopting Code)
§ 13.06 Recreational Vehicles and Equipment.
(a)
On a residential lot, a resident may store recreational vehicles and equipment, such as motor homes, trailers, ATVs, and watercraft, in garages or other accessory structures. Recreational vehicles or equipment may be stored outdoors in the side or rear yard; provided the recreational vehicle or equipment is owned by the resident of the dwelling on that lot and the vehicle or equipment is located a minimum of five (5) feet from the side or rear lot line.
(b)
In a residential district, recreational vehicles and equipment may only be stored outdoors on the same lot as the owner’s principal dwelling.
(c)
Recreational vehicles and equipment shall not be parked or stored on a public right-of-way.
(d)
Recreational vehicles and equipment shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district. All recreational equipment parked or stored shall not be connected to sanitary facilities. Motor homes, travel trailers, or camping trailers shall not be occupied for dwelling purposes, except in a lawfully established mobile home park or campsite.
(e)
Tents shall not be erected, used, or maintained on any lot, except small tents that are customarily used for recreation purposes and are located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business, or manufacturing purposes shall be permitted when a permit has been issued by the Planning and Zoning Commission and Permitting Vendor in accordance with provisions set forth in article (13.01) [section 13.10].
(f)
Boats may be parked or stored in the open when customary in the operations of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling provided that it shall be located in side, rear or waterfront yard setback a minimum of five (5) feet from all lot lines; provided it is owned by the resident of the dwelling of said lot (13.06(a)). There shall be no major repair, disassembly, or rebuilding operations conducted on the lot.
(Ordinance 99-0928-A adopted 10/12/21; Ordinance adopting Code)
§ 13.07 Parking of Semi-Trucks, Shipping Containers and Construction Equipment.
(a)
The storage or parking of semi-tractor trucks and/or semi-trailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery in residential district[s] is prohibited with the exception of the following:
(1)
Semi-trailers, shipping containers and other types of storage units may not be parked or stored in a residential zoning district, except when a resident is moving into or out of a dwelling.
(2)
Construction vehicles may be parked while in use for approved construction on the property only while a current building permit is in effect or during other site landscaping or utility work not subject to a building permit. Such vehicles shall only be parked on the property while in use for a construction project that is being diligently carried on toward completion.
(b)
In all nonresidential districts, semi-trailers may not remain on any property longer than 30 days while being parked, stored, repaired, or sold. Only one (1) such semi-trailer may be parked, stored, repaired, or sold in any 12-month period. Only properly approved semi-trailer dealers operating in properly zoned districts are exempt from this requirement. Storage of semi-trailers, shipping containers and other types of storage units shall only be permitted in the industrial districts as an accessory use to an approved industrial use.
(Ordinance 99-0928-A adopted 10/12/21)
§ 13.08 Entranceways.
In all zoning districts, entranceway structures, including but not limited to walls, columns and gates marking entrances to subdivisions, multiple-family housing projects, business centers and industrial and office parks may be permitted and may be located in a required yard.
(Ordinance 99-0928-A adopted 10/12/21)
§ 13.09 Nonresidential Accessory Buildings.
Storage buildings and other buildings that are accessory to a nonresidential use shall be permitted subject to the same restrictions as the principal use and building. Accessory buildings for commercial, office, institutional or industrial uses shall be subject to the same district dimensional requirements (setbacks and height) as the principal building.
(Ordinance 99-0928-A adopted 10/12/21)