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Elko New Market City Zoning Code

CHAPTER 6

ACCESSORY BUILDINGS, STRUCTURES AND USES

11-6-1: PURPOSE:

The purpose of this chapter is to provide performance standards for the erection, siting and use of accessory buildings, structures and uses that may be allowed within the various zoning districts to ensure compatibility with the principal use and with surrounding properties, as well as to protect the health, safety and general welfare of the city. (Ord. 5, 12-14-2006)

11-6-2: TIME OF CONSTRUCTION; EXEMPTIONS:

No detached 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. Agricultural buildings on farm properties are exempt from the requirements of this chapter. (Ord. 5, 12-14-2006)

11-6-3: SCOPE:

Any structure which requires a building permit or which is thirty inches (30") or more in height shall be subject to setback, floor area and other requirements of this title. (Ord. 5, 12-14-2006)

11-6-4: BUILDING PERMIT REQUIRED; EXCEPTIONS:

   A.   Detached accessory buildings not exceeding two hundred (200) square feet in floor area shall be allowed without issuance of a building permit, but shall comply with all other provisions of this chapter.
   B.   Detached accessory buildings greater than two hundred (200) square feet in floor area shall require a building permit. The building official shall review the site plan and construction drawings to determine compliance with the building code and other applicable ordinances, laws, and regulations. (Ord. 129, 3-24-2016)

11-6-5: EXTERIOR MATERIALS:

The color of the accessory building shall be the same or similar as the color of the principal building. All accessory buildings shall also be compatible with the principal building on the lot. Under no circumstances shall sheet metal, corrugated metal, asbestos, iron, plain concrete block (whether painted or color integrated or not) be deemed acceptable as major exterior wall materials on buildings within the city. "Compatible" means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause:
   A.   A difference to a degree to cause incongruity.
   B.   A depreciation of neighborhood values or adjacent property values.
   C.   A nuisance which may have characteristics related to noise, dust, odors, glare, and unsightly building exterior. (Ord. 5, 12-14-2006)

11-6-6: AREA LIMITATIONS:

Accessory structures shall comply with the following area limitations:
   A.   Attached Buildings: Buildings/garages attached to the principal building shall not exceed one thousand (1,000) square feet and shall be subject to all building and setback requirements of the principal structure.
   B.   Detached Buildings:
      1.   Detached accessory buildings shall comply with the following area limitations:
 
Lot Area
Maximum Floor Area Allowed
1 acre and under
1,000 square feet
Over 1 acre
2,000 square feet
 
   C.   Calculation Of Area: The area of an accessory building shall be comprised of the floor area lying beneath a roof and within the building footprint. The building footprint shall be considered the area lying within a perimeter of pier foundation. Roof overhangs, eaves and cantilevers as allowed by section 11-6-11 of this chapter projecting beyond the building footprint shall not be considered in the calculation of accessory building area. (Ord. 5, 12-14-2006; amd. Ord. 308, 10-10-2024; Ord. 330, 7-10-2025)

11-6-7: NUMBER OF STRUCTURES:

There shall be no more than two detached accessory buildings per lot in residential zones. (Ord. 5, 12-14-2006; amd. Ord. 308, 10-10-2024; Ord. 330, 7-10-2025)

11-6-8: SETBACKS:

   A.   Attached Buildings/Garages: An attached garage shall be considered an integral part of the principal building and shall conform to district setback requirements.
   B.   Detached Buildings: Detached accessory buildings shall comply with the following minimum setbacks:
      1.   Front Yard: Prohibited in the front yard.
      2.   Side Yard:
         a.   Interior: Ten feet (10').
         b.   Street: Same as front yard setback of the applicable district.
      3.   Rear Yard: Ten feet (10'). (Ord. 5, 12-14-2006)

11-6-9: HEIGHT:

Except as expressly permitted by a conditional use permit, accessory buildings shall comply with the following height limitations:
 
Zoning District
Maximum Height
R residential
24 feet - shall not exceed the height of the primary structure except for lots greater than 1.0 acre.
B business and INS institutional
24 feet
I industrial
26 feet
Other
24 feet
 
(Ord. 5, 12-14-2006; amd. Ord. 308, 10-10-2024; Ord. 330, 7-10-2025)

11-6-10: ENCLOSURE:

The area within the footprint of accessory buildings shall be completely enclosed on all sides. (Ord. 5, 12-14-2006)

11-6-11: ROOF OVERHANGS:

Roof overhangs, eaves, and cantilevers shall not extend more than two feet (2') beyond the building footprint. (Ord. 5, 12-14-2006)

11-6-12: CONDITIONAL USE PERMITS:

(Rep. by Ord. 330, 7-10-2025)

11-6-13: PORTABLE STORAGE CONTAINERS OR SHIPPING CONTAINERS:

   A.   In all zoning districts, the use of portable storage containers or shipping containers, and other similar structures or containers for temporary storage on a driveway or parking lot is allowed, but in no event shall such containers be present for more than sixty (60) days in any one-year period.
   B.   In all industrial zoned districts, the use of permanent portable storage containers, shipping containers, and other similar structures or containers for storage on a lot is allowed, but such containers shall be located on a surface of concrete, bitumen, or pavers.
   C.   Portable storage containers and shipping containers shall comply with the standard setback requirements for accessory structures. Portable storage containers, shipping containers, and other similar structures or containers for storage shall not be used as a dwelling or an accessory use structure. (Ord. 285, 2-8-2024)