Accessory uses are permitted in any district as may be specified in the appropriate district regulations or herein. An accessory use building permit shall be required where specifically noted in this article. Accessory uses are permitted only after their principal structure is present or under construction. The use and/or location requirements stipulated elsewhere in this chapter may be modified for accessory uses as outlined in this article.

(Code 2004, § 17.0504(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

Accessory uses and detached accessory structures shall be permitted in the rear yard only, unless otherwise specified. Accessory structures shall not occupy more than 50 percent of the rear yard in business and manufacturing districts, and no more than 20 percent in all other districts, except that subsection (1)c. below shall regulate accessory structure size in the RS-1, RS-2, RS-3, RD-1 and RD-2 Districts. When permitted in the side or front yard, accessory structures shall not occupy more than ten percent of the yard area.

(1)

Accessory buildings, such as detached garages, carports, utility sheds or gazebos may be permitted upon the issuance of a building permit. No more than one accessory building of each type per parcel shall be allowed. In an RS-1, RS-2, RS-3, RD-1, RD-2, or I-1 no more than two accessory buildings shall be erected on a parcel. If an attached garage is proposed or currently exists, a detached garage is not permitted unless used in conjunction with a two-family dwelling.

a.

Accessory buildings shall be located at least ten feet from the principal structure; shall be located not closer than three feet to a lot line, and with the exception of gazebos, pergolas and incidental accessory structures not designed or used for purposes involving live loads, shall be placed on a poured-in-place Portland cement pad of concrete. All permanent accessory structures shall be affixed to the ground in a manner approved by the director. Any accessory structure with an exterior finish comprised, in whole or part, of recycled or salvaged materials is prohibited.

b.

The maximum garage wall height shall not exceed nine feet with a maximum vehicle door height of eight feet. The maximum shed wall height shall not exceed six feet. The maximum overall garage and gazebo height shall not exceed 15 feet and no shed shall exceed ten feet in height.

c.

In an RS-1, RS-2, RS-3, RD-1 or RD-2 Residential District, maximum building sizes shall be as follows:

1.

A shed shall not exceed 150 square feet.

2.

A gazebo shall not exceed 200 square feet.

3.

On lots 30 feet wide or less the garage shall not exceed 528 square feet. An additional 80 square feet may be added to the garage if only one accessory structure is constructed.

4.

On lots wider than 30 feet and less than 45 feet, the garage shall not exceed 624 square feet. An additional 80 square feet may be added to the garage if only one accessory structure is constructed.

5.

On lots 45 feet and wider the garage shall not exceed 720 square feet. An additional 80 square feet may be added to the garage if only one accessory structure is constructed.

6.

On lots 60 feet wide or more and used in conjunction with a two-family dwelling, the garage shall not exceed 912 square feet in area or 38 feet in length.

7.

Two-family dwellings shall be permitted to have two attached garages, or one attached garage and one detached garage, 720 square feet maximum.

(2)

Patios, constructed at or below yard grade, may be erected, without a building permit, adjacent to the principal structure, and shall be located not closer than three feet to a lot line.

(3)

Freestanding decks or decks surrounding private swimming pools which are located at least ten feet from the principal structure shall be located no closer than three feet to a lot line. Decks located less than ten feet from, or attached to, the principal structure shall meet all the yard and setback requirements that apply to the principal structure.

(4)

Central air conditioning compressors, children's swing sets, compost piles, and gardens are permitted without a building permit, provided that such uses shall be located at least three feet from a lot line. Central air conditioning compressor placement in the street or side yard may be permitted in the absence of feasible alternatives provided that the air conditioning compressor is screened from view in a manner approved by the director.

(5)

One accessory compost bin, not to exceed six feet in height.

(6)

Private swimming pools, upon the issuance of a building permit, provided that:

a.

All private swimming pools shall be surrounded by a fence not less than four feet nor more than six feet in height designed to prevent unguarded entry to the pool. Sidewalls of above-ground pools which are at least four feet high may be used in lieu of a fence.

b.

Access to private swimming pools shall be controlled to prevent unguarded entry into a pool. Access to in-ground pools shall be controlled by a self-closing and self-latching gate and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool. For an above-ground pool, a tip-up ladder may be provided in lieu of the gate.

c.

Swimming pools shall not be constructed directly under or over electric transmission lines or within 15 feet of such lines. If the electric lines are underground, this separation distance may be reduced to five feet. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or surrounding fence. All electrical installations shall comply with the National Electrical Code or these regulations, whichever are more restrictive.

d.

No water drained from swimming pools shall be discharged onto adjacent properties without written consent of the owner, or into the municipal sanitary sewerage system, or directly into a navigable body of water.

e.

Equipment shall be provided for the disinfecting of all pool water. No gaseous chlorinating shall be permitted.

f.

Heating units, pumps, and filter equipment shall be adequately housed and muffled in such a manner as not to create a nuisance. Such equipment shall be located not closer than ten feet to a lot line.

g.

There shall be an unobstructed areaway around all pools of at least three feet in width.

h.

Private swimming pools shall be a minimum of five feet from a property line, and more than five feet from any structure with the exception of air conditioners, play sets, patios, compost bins, and decks.

i.

Private swimming pools, together with other accessory structures regulated by article V of this chapter, shall not occupy more than 50 percent of the rear yard area.

(Code 2004, § 17.0504(A); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010; Ord. No. 2531, § 1, 4-5-2023)

Private tennis courts and private volley ball courts accessory to a residential use may be placed in the side yard or rear yard in any residential district provided that the use is located not closer than three feet to any rear or side lot line and, provided that no lighting installed around a private recreation facility shall throw rays onto adjacent property. The plan commission may permit the construction of a fence around the court when it is determined that such a fence is needed for safety purposes or to prevent the court from being a nuisance to neighbors.

(Code 2004, § 17.0504(B); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

The following accessory uses and structures may be placed in any yard without a building permit, provided that such use is constructed with appropriate, finished materials compatible with surrounding building materials and architecture, does not interfere with the vision clearance triangle as set forth in section 44-843, shall not be located closer than three feet to a side or rear lot line and, except for flag poles, shall not exceed 15 feet in height; basketball hoops, bird baths, fountains, lawn furniture, religious statues, flower and garden trellises, and wishing wells. Flag poles shall not exceed the height limitation for the district in which they are located.

(Code 2004, § 17.0504(C); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

Rummage sales may be conducted in any district provided that the rummage sale does not exceed four consecutive days in length and is not conducted more often than three times per year. Rummage sales do not require the issuance of a building permit. Rummage sale signs shall be limited as provided in section 44-996(5).

(Code 2004, § 17.0504(D); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

Fences are a permitted accessory use in any district provided that they shall comply with the following requirements:

(1)

No fence, except a decorative corner fence, snow fence or fence constructed by utilities, shall be constructed in the city without first obtaining a building permit from the director.

(2)

No fence requiring a permit shall be constructed beyond the front of any building or in the street yard, except a decorative corner fence or where aesthetic considerations may require a fence or wall to screen a parking lot or other unattractive area, or to generally improve the aesthetics of a development. Such fence or wall may be erected by approval of the city plan commission, which approval may include design or other architectural requirements. Any legally existing front yard fence that is destroyed or irreparably damaged by a fallen branch from a city tree may be replaced or reconstructed in the same location, height and materials by first obtaining a permit, provided that it must be replaced or reconstructed within five years of being damaged or destroyed. Any individual applying for a reconstruction permit must prove that the damage was caused by a city tree and that it occurred within the previous five years.

(3)

No fence shall be closer than two feet from any alley.

(4)

No advertising or signs shall be permitted on any fence in any zoning district.

(5)

Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property owner or public street. Fence posts shall be on the side of the fence facing the permit applicant's property.

(6)

All fences shall be constructed and fixed to the ground in a manner prescribed and approved by the director. All fences shall be maintained in good repair and in structurally sound condition. All fences shall be constructed and maintained in good aesthetic condition and in such a manner and of such materials and colors so as not to adversely affect the value of adjoining property or property in the immediate neighborhood. No fence may be constructed or maintained which is detrimental to human life or safety or causes a traffic hazard. All fences shall be constructed and maintained straight, plumb, and of an even height along its length, except for such deviations as are required by grade or design. Wire mesh fencing is prohibited. New chain link fencing may be permitted in residential districts where used as a kennel, exercise run, or perimeter enclosure for permitted animals, provided that the materials are galvanized, corrosion resistant or powder-coated. Chain link fences shall not contain plastic privacy slats.

(7)

Fences comprised in whole or part of reclaimed or recycled materials are prohibited.

(8)

Electric fences are prohibited.

(9)

Barbed wire or razor wire shall not be permitted anywhere in the city, except in the M-2 General Manufacturing District where security fences may include up to four strands of barbed wire or razor wire on top of the fence, provided that the wire is stretched and not rolled and is at least eight feet above grade with the vertical supports for the wire either extending vertically or slanting inward away from the property line.

(10)

The maximum height for fences in all districts, except industrial districts, shall be six feet, measured from the ground level at the base of the fence to the top of the fence, excluding posts. The maximum height in industrial districts shall be eight feet, measured from the ground level at the base of the fence to the top of the fence, excluding posts and any additional barbed or razor wire on top of the fence; total height including wire shall not exceed ten feet.

(Code 2004, § 17.0504(E); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010; Ord. No. 2543, § 1, 4-24-2024)

Terrestrial and satellite dish antennas are permitted as accessory uses in any district subject to the following regulations. To protect the health and safety of all citizens, as well as the aesthetic values embodied in this chapter, the following regulations shall apply to all terrestrial and satellite dish antennas with the exception of satellite dish antennas that are one meter or less in diameter. Satellite dish antennas that are two meters or less in diameter, which are located or proposed to be located in the B-1, B-2, B-3, B-4, B-5, M-1, or M-2 districts, are also exempt from these requirements.

(1)

Location.

a.

Terrestrial antennas and satellite dish antennas may be located in the rear yard only or on the roof of the principal structure in all residential, business, office, manufacturing, institutional, or park districts, except that antennas mounted on the roof shall not be permitted in the B-3 Central Business District unless they are fully screened.

b.

In recognition of the negative aesthetic impact satellite dish antennas may have on the architecture of a building and the overall character of a neighborhood, satellite dish antennas shall be located and designed to reduce their visual impact on surrounding properties. Landscaping, fences, and architectural elements of buildings may be used for this purpose. In a residential district, no satellite dish antenna shall be mounted on the front of a building, unless it is fully screened in manner compatible with the architecture of the building.

(2)

Advertising or identification. No form of advertising or identification may be displayed on the dish or framework of any antenna other than the customary manufacturer's identification plates.

(3)

Number permitted. Not more than one terrestrial and one satellite dish antenna per dwelling unit shall be permitted on a lot or parcel in a residential zoning district.

(4)

Height.

a.

All freestanding terrestrial antennas and roof antennas shall meet the height requirements for the district in which they are located, except as provided in section 44-882.

b.

Ground-mounted satellite dish antennas shall not exceed six feet in height.

c.

No antenna shall exceed the height limitation set forth on the airport zoning map for General Mitchell International Airport.

(5)

Setbacks.

a.

All terrestrial antennas shall be located not less than one foot from a lot line for each three feet of height above the surrounding grade, up to a maximum of 50 feet in residential districts, with the exception of government owned structures (see appendix B).

b.

All satellite dish antennas shall be located not less than three feet from a side or rear lot line (see appendix B).

(6)

Construction.

a.

All antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of noncombustible and corrosive resistant materials.

b.

An antenna support structure shall be erected in accordance with manufacturer's specifications.

c.

The installation of a satellite dish antenna shall require a building permit. The property owner shall submit, to the building inspector, plans which indicate the appearance, proposed location, and installation method of the dish antenna.

d.

All satellite dish antennas must conform to the city building code and electrical code regulations and requirements. Where the terrestrial or satellite dish antenna is roof-mounted, and weighs more than 100 pounds, a registered professional engineer shall certify that the building is adequate to support the load.

(7)

Harmful interference. In the event that harmful interference is caused subsequent to the installation of an antenna, the owner of the antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(8)

Portable or trailer-mounted antennas. Portable or trailer-mounted antennas are not permitted, with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed two days at any one location.

(Code 2004, § 17.0504(F); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

Roof-mounted solar collectors are permitted accessory uses in any district, subject to the issuance of a building permit. A registered professional engineer shall certify that the building is adequate to support the load, if the collector weighs more than 100 pounds.

(Code 2004, § 17.0504(G); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

Home occupations may consist of professional home offices, actual permitted business or entrepreneurial activities or regular hobby activities that produce a product, service or serve a purpose not used on premises or as part of a permitted residential principal, accessory or conditional use. Home occupations, hobbies, crafts and professional home offices may be permitted accessory uses in any residential district, not requiring a zoning permit, provided that:

(1)

The use of the residential dwelling for the home occupation, hobby, craft or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25 percent of the floor area of one floor.

(2)

No home occupation, hobby, craft or professional home office shall be located in or conducted in an accessory structure or yard area

(3)

No person other than members of the family residing on the premises shall be employed or engaged in such home occupation, hobby, craft or professional home office.

(4)

Home occupations, hobbies and crafts shall use only household equipment and no stock in trade shall be kept or sold except that made on the premises.

(5)

No traffic, parking, noise, odor, smoke, lighting or glare generated by the home occupation, hobby, craft or professional home office shall be greater in volume or intensity than would normally be expected in a residential neighborhood.

(6)

No outdoor storage of equipment or product shall be permitted.

(7)

The home occupation, hobby, craft or professional office use shall not require external alteration or involve construction features not customary in a dwelling.

(8)

Home occupations which comply with the conditions set forth above may include, but are not limited to, babysitting, canning, crafts, brewing, desktop publishing and other computer services, dressmaking, laundering, piano teaching, telephone marketing, and word processing, and other similar uses.

(9)

Home occupations, hobbies and crafts such as auto body, engine or mechanical repair, automotive alterations, detailing or painting, barbering, beauty shops, construction trades, dance studios, insurance agencies, photographic studios, animal related services or real estate brokerages, and other similar uses, with the exception of office bookkeeping associated with such operations are prohibited.

(Code 2004, § 17.0504(H); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)

With the exception of containers placed on construction sites to be used in conjunction with that particular project, all temporary, portable storage containers intended to be located on private property for more than three days shall require a permit issued by the Inspection department. Upon the department's approval of the location, use and size of the container, a permit may be issued for a period of time to not exceed 15 days. Requests for time periods exceeding 15 days shall require plan commission review and approval. As a condition of approval the city will require a cash deposit in the amount of $200.00. The deposit will be required to ensure the timely removal of the container in strict accordance with the permit. If, upon inspection, the container remains on site beyond the permitted approval date, the deposit shall be forfeited. Additional penalties may also apply.

(Code 2004, § 17.0504(I); Ord. No. 2053, 2-4-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2267, 6-17-2008; Ord. No. 2347, 9-7-2010)