ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT
(a)
Placement in front yard prohibited; exception. Except as may be specifically provided, no accessory use, building, structure or equipment shall be allowed within a required front yard. With the exception of a garage servicing a residential use, no accessory building or equipment may be placed within a front yard.
(b)
Size limitation in R-4 district.. In R-4 zoning districts, the total floor area of either an attached garage or a detached garage for a single-family detached dwelling shall not exceed 1,000 square feet of floor area and not exceed the ground coverage of the dwelling, except by conditional use permit.
(c)
Size limitation in U-R and R districts. Within the U-R and R zoning districts, no accessory building or structure, including a detached garage, for a single-family dwelling shall equal more than 30 percent of the area of the required rear yard, except by conditional use permit.
(d)
Limitation on number of structures. Except in the U-R zoning district, no building permit shall be issued for the construction of more than one accessory building and/or structure, except by conditional use permit.
(e)
Exemption from permit requirement. Two accessory buildings not more than 200 square feet in floor area each shall be allowed with issuance of an accessory building permit, and shall comply with all other provisions of this chapter.
(Zoning Ord., § 18.01; Ord. No. 002-2006, exh. 1(18.01), 6-5-2006; Ord. of 11-16-2015(1), § 18.01, subd. 5)
Private garages having direct access onto an alley or public street adjacent to the side lot line of a corner lot shall be set back not less than 20 feet from the lot line abutting the public right-of-way.
(Zoning Ord., § 18.02; Ord. No. 002-2006, exh. 1(18.02), 6-5-2006)
Except in the case of single-family detached dwellings, accessory buildings for all other uses shall not exceed 30 percent of the gross floor area of the principal buildings. In those cases where this standard is proposed to be exceeded, a conditional use permit shall be required.
(Zoning Ord., § 18.03; Ord. No. 002-2006, exh. 1(18.03), 6-5-2006)
(a)
Detached accessory buildings not exceeding 200 square feet in floor area may encroach into the required side or rear yard setbacks when located in the rear yard of the lot, except in the case of a side yard of a corner lot abutting a public street or a required buffer yard. When encroachment into required side or rear yard setbacks is allowed, such detached accessory building shall be set back at least five feet from all adjoining lots.
(b)
Detached accessory buildings exceeding 200 square feet in floor area may encroach into the required side or rear yard setbacks when located in the rear yard of a lot, except in the case of a side yard of a corner lot abutting a public street or a required buffer yard. When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be setback at least five feet from all adjoining lots.
(c)
All detached accessory buildings shall be set back at least ten feet from the principal building on the same lot, and shall not be located within a drainage or utility easement.
(d)
Attached private garages. A private garage attached to the principal building shall be subject to all building and setback requirements of the principal structure, except as provided for herein.
(Zoning Ord., § 18.04; Ord. No. 002-2006, exh. 1(18.04), 6-5-2006; Ord. of 11-16-2015(1), § 18.04, subds. 1—4)
No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(Zoning Ord., § 18.05; Ord. No. 002-2006, exh. 1(18.05), 6-5-2006; Ord. of 11-16-2015(1), § 18.05)
Editor's note— An ordinance adopted Nov. 16, 2015(1), § 18.05, changed the title of § 117-1104 from principal building to precede to time of construction.
Except in the U-R zoning district, all accessory buildings in excess of 200 square feet that are accessory to residential dwelling units shall be constructed with a design consistent with the general character of the principal structure on the lot.
(Zoning Ord., § 18.06; Ord. No. 002-2006, exh. 1(18.06), 6-5-2006; Ord. of 11-16-2015(1), § 18.06)
Editor's note— An ordinance adopted Nov. 16, 2015(1), § 18.06, changed the title of § 117-1105 from design consistency to building materials.
Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following:
(1)
Exterior wall treatment shall be similar and/or complement the principal building.
(2)
The enclosed trash receptacle area shall be located in the rear or side yard and shall comply with the setback requirements of section 117-1103.
(3)
The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation.
(4)
The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way.
(5)
The design and construction of the trash enclosure shall be subject to the approval of the zoning administrator.
(6)
Recycling space shall be provided as required by the state building code.
(7)
Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by this Code.
(Zoning Ord., § 18.07; Ord. No. 002-2006, exh. 1(18.07), 6-5-2006; Ord. of 11-16-2015(1), § 18.07)
Editor's note— An ordinance adopted Nov. 16, 2015(1), § 18.07, changed the title of § 117-1106 from trash receptacles to be enclosed to trash receptacles.
Where allowed, drive-through facilities shall comply with the following:
(1)
The facility shall be located only on a site having direct access to a minor arterial street, collector or service road.
(2)
All portions of the business with drive-through facilities established July 1, 2000, including but not limited to, the building in which they are located, service windows and stacking spaces, shall be located across an arterial or collector street from residentially zoned or guided property, or shall be set back at least 300 feet from residentially zoned or guided property.
(3)
The facility's public address system shall not be audible from any adjacent residentially zoned or guided property and comply with section 14-22.
(4)
Required stacking space.
a.
Convenience food establishments shall provide stacking space for at least six vehicles per drive-through lane. Stacking spaces are measured from the last pick-up station, window, or the like.
b.
Banks shall provide stacking space for at least four vehicles per drive-through lane. Stacking spaces are measured from the last pick-up station, window, or the like.
c.
Pharmacies shall provide stacking space for at least three vehicles per drive-through lane stacking spaces are measured from the last pick up station, window, or the like.
d.
Stacking spaces for all other uses shall be determined by the zoning administrator.
(5)
The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.
(6)
Alcoholic beverages shall not be sold or served.
(7)
All elements of the drive-through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to section 117-1129.
(Zoning Ord., § 18.08; Ord. No. 02-2006, exh. 1(18.08), 6-5-2006; Ord. No. 2019-03, § 1, 7-15-2019)
(a)
Domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than ten feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner's property.
(b)
No encroachment shall be permitted in existing or required drainage and utility easements.
(c)
Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the zoning administrator.
(d)
No such enclosure shall exceed 120 square feet, unless approved through an administrative permit.
(Zoning Ord., § 18.09; Ord. No. 02-2006, exh. 1(18.09), 6-5-2006)
Application for a conditional use permit under this article shall be regulated by division 4 of article II of this chapter. Such a conditional use permit for an accessory structure may be granted, provided that:
(1)
There is a demonstrated need and potential for continued use of the structure for the purpose stated.
(2)
In the case of residential uses, no commercial or home occupation activities are conducted on the property.
(3)
The building has an evident reuse or function related to the principal use.
(4)
The accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare.
(Zoning Ord., § 18.10; Ord. No. 02-2006, exh. 1(18.10), 6-5-2006)
ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT
(a)
Placement in front yard prohibited; exception. Except as may be specifically provided, no accessory use, building, structure or equipment shall be allowed within a required front yard. With the exception of a garage servicing a residential use, no accessory building or equipment may be placed within a front yard.
(b)
Size limitation in R-4 district.. In R-4 zoning districts, the total floor area of either an attached garage or a detached garage for a single-family detached dwelling shall not exceed 1,000 square feet of floor area and not exceed the ground coverage of the dwelling, except by conditional use permit.
(c)
Size limitation in U-R and R districts. Within the U-R and R zoning districts, no accessory building or structure, including a detached garage, for a single-family dwelling shall equal more than 30 percent of the area of the required rear yard, except by conditional use permit.
(d)
Limitation on number of structures. Except in the U-R zoning district, no building permit shall be issued for the construction of more than one accessory building and/or structure, except by conditional use permit.
(e)
Exemption from permit requirement. Two accessory buildings not more than 200 square feet in floor area each shall be allowed with issuance of an accessory building permit, and shall comply with all other provisions of this chapter.
(Zoning Ord., § 18.01; Ord. No. 002-2006, exh. 1(18.01), 6-5-2006; Ord. of 11-16-2015(1), § 18.01, subd. 5)
Private garages having direct access onto an alley or public street adjacent to the side lot line of a corner lot shall be set back not less than 20 feet from the lot line abutting the public right-of-way.
(Zoning Ord., § 18.02; Ord. No. 002-2006, exh. 1(18.02), 6-5-2006)
Except in the case of single-family detached dwellings, accessory buildings for all other uses shall not exceed 30 percent of the gross floor area of the principal buildings. In those cases where this standard is proposed to be exceeded, a conditional use permit shall be required.
(Zoning Ord., § 18.03; Ord. No. 002-2006, exh. 1(18.03), 6-5-2006)
(a)
Detached accessory buildings not exceeding 200 square feet in floor area may encroach into the required side or rear yard setbacks when located in the rear yard of the lot, except in the case of a side yard of a corner lot abutting a public street or a required buffer yard. When encroachment into required side or rear yard setbacks is allowed, such detached accessory building shall be set back at least five feet from all adjoining lots.
(b)
Detached accessory buildings exceeding 200 square feet in floor area may encroach into the required side or rear yard setbacks when located in the rear yard of a lot, except in the case of a side yard of a corner lot abutting a public street or a required buffer yard. When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be setback at least five feet from all adjoining lots.
(c)
All detached accessory buildings shall be set back at least ten feet from the principal building on the same lot, and shall not be located within a drainage or utility easement.
(d)
Attached private garages. A private garage attached to the principal building shall be subject to all building and setback requirements of the principal structure, except as provided for herein.
(Zoning Ord., § 18.04; Ord. No. 002-2006, exh. 1(18.04), 6-5-2006; Ord. of 11-16-2015(1), § 18.04, subds. 1—4)
No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(Zoning Ord., § 18.05; Ord. No. 002-2006, exh. 1(18.05), 6-5-2006; Ord. of 11-16-2015(1), § 18.05)
Editor's note— An ordinance adopted Nov. 16, 2015(1), § 18.05, changed the title of § 117-1104 from principal building to precede to time of construction.
Except in the U-R zoning district, all accessory buildings in excess of 200 square feet that are accessory to residential dwelling units shall be constructed with a design consistent with the general character of the principal structure on the lot.
(Zoning Ord., § 18.06; Ord. No. 002-2006, exh. 1(18.06), 6-5-2006; Ord. of 11-16-2015(1), § 18.06)
Editor's note— An ordinance adopted Nov. 16, 2015(1), § 18.06, changed the title of § 117-1105 from design consistency to building materials.
Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following:
(1)
Exterior wall treatment shall be similar and/or complement the principal building.
(2)
The enclosed trash receptacle area shall be located in the rear or side yard and shall comply with the setback requirements of section 117-1103.
(3)
The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation.
(4)
The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way.
(5)
The design and construction of the trash enclosure shall be subject to the approval of the zoning administrator.
(6)
Recycling space shall be provided as required by the state building code.
(7)
Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by this Code.
(Zoning Ord., § 18.07; Ord. No. 002-2006, exh. 1(18.07), 6-5-2006; Ord. of 11-16-2015(1), § 18.07)
Editor's note— An ordinance adopted Nov. 16, 2015(1), § 18.07, changed the title of § 117-1106 from trash receptacles to be enclosed to trash receptacles.
Where allowed, drive-through facilities shall comply with the following:
(1)
The facility shall be located only on a site having direct access to a minor arterial street, collector or service road.
(2)
All portions of the business with drive-through facilities established July 1, 2000, including but not limited to, the building in which they are located, service windows and stacking spaces, shall be located across an arterial or collector street from residentially zoned or guided property, or shall be set back at least 300 feet from residentially zoned or guided property.
(3)
The facility's public address system shall not be audible from any adjacent residentially zoned or guided property and comply with section 14-22.
(4)
Required stacking space.
a.
Convenience food establishments shall provide stacking space for at least six vehicles per drive-through lane. Stacking spaces are measured from the last pick-up station, window, or the like.
b.
Banks shall provide stacking space for at least four vehicles per drive-through lane. Stacking spaces are measured from the last pick-up station, window, or the like.
c.
Pharmacies shall provide stacking space for at least three vehicles per drive-through lane stacking spaces are measured from the last pick up station, window, or the like.
d.
Stacking spaces for all other uses shall be determined by the zoning administrator.
(5)
The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.
(6)
Alcoholic beverages shall not be sold or served.
(7)
All elements of the drive-through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to section 117-1129.
(Zoning Ord., § 18.08; Ord. No. 02-2006, exh. 1(18.08), 6-5-2006; Ord. No. 2019-03, § 1, 7-15-2019)
(a)
Domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than ten feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner's property.
(b)
No encroachment shall be permitted in existing or required drainage and utility easements.
(c)
Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the zoning administrator.
(d)
No such enclosure shall exceed 120 square feet, unless approved through an administrative permit.
(Zoning Ord., § 18.09; Ord. No. 02-2006, exh. 1(18.09), 6-5-2006)
Application for a conditional use permit under this article shall be regulated by division 4 of article II of this chapter. Such a conditional use permit for an accessory structure may be granted, provided that:
(1)
There is a demonstrated need and potential for continued use of the structure for the purpose stated.
(2)
In the case of residential uses, no commercial or home occupation activities are conducted on the property.
(3)
The building has an evident reuse or function related to the principal use.
(4)
The accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare.
(Zoning Ord., § 18.10; Ord. No. 02-2006, exh. 1(18.10), 6-5-2006)