With the exception of swimming pools and spas, each building and structure used for, or accessory to, non-residential or multi-family residential purposes shall be considered a principal building as defined in section 12-42-24.

The regulations detailed in section 12-35-3 of this article shall govern the location of swimming pools and spas accessory to non-residential and multi-family residential uses.

(Ord. No. 91-500-A-128; Ord. No. 91500-A-659, § 1, 11-11-14; Ord. No. 91500-A-793, § 1, 7-11-23)

A.

General.

(1)

Buildings and structures accessory to one- and two-family dwellings shall have no sleeping areas, shall not be constructed to be occupiable as a residence or dwelling unit, shall not be used for commercial purposes, shall not be rented, and shall not be otherwise occupied as a residence or sleeping area.

(2)

Enclosed structures accessory to swimming pools (such as pool cabanas) may have one ¾ bathroom (toilet, sink, and shower), and enclosed structures utilized as a workshop may have one ½ bathroom (toilet and sink). All other enclosed accessory structures are limited to one utility sink or a ¾ bath. They cannot have both, and they cannot contain a cooking area.

(3)

Accessory buildings and/or structures shall not be located in a required front yard. With the exception of swimming pools and spas, the regulations detailed in paragraphs A, B, and C below shall govern buildings and structures accessory to one- and two-family dwellings.

(4)

Where multiple accessory structures exist on the same site, the combined sum of all accessory structures shall be used to determine the regulations applicable to size. The regulations detailed in 12-35-3 of this article shall govern the location of swimming pools and spas accessory to one- and two-family dwellings.

B.

Height. Accessory buildings that are less than 150 square feet in area shall observe the following regulations:

(1)

Maximum height—12 feet as measured from the lowest portion of adjacent grade plane to the highest portion of the structure.

(2)

Minimum setbacks from property line:

(a)

Rear:

i.

Three feet from the rear property line when adjacent to an alley measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

ii.

Five feet from the rear property line when adjacent to another property, measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

iii.

Ten feet from the rear property line when adjacent to a street, measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

(b)

Side:

i.

Three feet, measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

ii.

Ten feet from a side property line that is adjacent to a side street measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

iii.

Ten feet from the primary structure on an adjacent property measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

C.

Accessory buildings that are 150 square feet in area or more, shall observe the following regulations:

(1)

Maximum height—16 feet as measured from the lowest portion of adjacent grade plane to the highest portion of the structure.

(2)

Minimum setbacks from property line:

(a)

Rear:

i.

Ten feet.

(b)

Side:

i.

The same as the minimum setback required for the main structure from a side property measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

ii.

Ten feet from the main structure on an adjacent property measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

iii.

Fifteen feet from a side property line that is adjacent to a side street measured from property line to vertical posts or exterior wall and no more than an 18" overhang from posts or exterior wall to edge of roof.

(Ord. No. 91-500-A-128; Ord. No. 91500-A-659, § 1, 11-11-14; Ord. No. 91500-A-793, § 2, 7-11-23)

A.

Maximum height above grade plane: Four feet.

B.

Minimum setbacks:

1.

Rear:

(a)

Five feet from the rear property line to the outside of the pool shell.

(b)

The same as the required front yard setback when the rear property line is adjacent to a street.

2.

Side:

(a)

Five feet from the side property line to the outside of the pool shell.

C.

Distance from the main structure: No less than five feet from the main structure to the outside of the pool shell, unless engineered plans or letter are included in the permit submittal.

D.

Distance from 100-year flood: When land has been reclaimed from the 100-year flood by means of fill dirt retained by a retaining wall or by the headwall or bulkhead of a lake or pond, no swimming pool or spa shall be constructed within ten feet of such retaining wall, headwall or bulkhead, as measured from the outside of the pool liner.

E.

Distance between one- and two-family residential uses and non-residential/multi-family residential swimming pools/spas: When property occupied by non-residential and/or multi-family residential uses abuts a single-family and/or two-family zoning district, swimming pools and spas accessory to non-residential and multi-family residential uses shall be located no closer than 50 feet to the single-family or two-family zoning district, as measured from the outside of the pool shell.

(Ord. No. 91-500-A-128; Ord. No. 91500-A-793, § 3, 7-11-23; Ord. No. 91500-A-803, § 1, 10-10-23)

No owner or occupant of any lot or property within any zoning district shall construct or maintain a wind energy system within the corporate limits of the city.

(Ord. No. 91500-A-544, § 1, 3-23-10)

Garages and carports shall not be located in a required front yard.

A.

Garages and carports that are less than 150 square feet in area shall observe the following regulations:

1.

Maximum height—Ten feet.

2.

Minimum setbacks:

(a)

Rear:

i.

Ten feet when the rear property line is not adjacent to an alley or street.

ii.

Twenty feet when the rear property line is adjacent to an alley.

iii.

Same as the required front yard setback when the rear property line is adjacent to a street.

(b)

Side:

i.

Three feet when the garage or carport is located at least five feet behind the main building and the roof overhang into the setback is no greater than 18 inches.

ii.

The same as the minimum setback required for the main structure if not located at least five feet behind the main building.

iii.

When the garage or carport has side alley access, the side setback on that side shall be no less than 20 feet.

iv.

Fifteen feet from a side property line that is adjacent to a side street.

v.

Ten feet from the main structure on an adjacent property.

B.

Garages and carports that are 150 square feet in area, or more, shall observe the following regulations:

1.

Maximum height—12 feet.

2.

Minimum property line setbacks:

(a)

Rear:

i.

Ten feet, unless the garage or carport has rear alley access, then the rear setback shall be no less than 20 feet.

ii.

The same as the required front yard setback when the rear property line is adjacent to a street.

(b)

Side:

i.

The same as the minimum setback required for the main structure unless the garage or carport has side alley access, then the side setback on that side shall be no less than 20 feet.

ii.

Fifteen feet from a side property line that is adjacent to a side street.

iii.

Ten feet from the main structure on an adjacent property.

(Ord. No. 91500-A-798, § 1, 8-8-23)