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Gunter City Zoning Code

§ 30

ACCESSORY BUILDING REGULATIONS.

30.1. 
Height.
No accessory building shall exceed twenty-five (25) feet in height, nor shall it be greater in height than the main structure.
30.2. 
Accessory dwelling unit (ADU) regulations.
(A.) 
An ADU is defined as a subordinate building/structure intended for habitation. ADUs shall not be permitted without a main building or primary use in existence and are subject to zoning district regulations.
(B.) 
ADUs are prohibited in all zoning districts other than the AG, Agricultural District, SF-E, Single Family Residential District — Estate[,] SF-1, Single Family Residential District — 1, SF-2, Single Family Residential District — 2, and PD, Planned Development District with a base zoning of SF-E, SF-1, or SF-2. In these districts, ADUs shall be allowed as an incidental residential use of a primary residential structure, located on the same lot as the primary residential structure, and shall meet the standards listed herein.
(C.) 
An ADU may not be sold separately from sale of the entire property, including the primary residential structure, and shall not be subdivided, rented or sublet as a short-term or long-term rental.
(D.) 
An ADU is not permitted without the primary residential structure.
(E.) 
Utility services shall be metered by the same meter as that which serves the main structure on the premises, unless otherwise allowed by the building official.
(F.) 
ADUs shall abide by the same setback, height, and architectural regulations as other accessory structures, except that the rear yard setback shall be twenty (20) feet and the ADU must be placed behind the primary residential structure.
(G.) 
ADU's shall utilize the same driveway as the main residential structure and shall use the same water and sewer connections as the main residential structure.
(H.) 
The total climate controlled square footage of an ADU is limited to 600 square feet for lots that are less than one-half (1/2) acre in size. Lots that are one-half (1/2) acre or greater in size may construct an ADU up to half the square footage of the main residential structure, not to exceed 1,200 square feet, if all other regulations are met.
(I.) 
No ADU or living quarters shall be used or occupied as a place of abode or residence by anyone other than a family member or guest of the owner/occupant of the primary residential structure or a bona fide caretaker, servant or farm worker actually and regularly employed by the landowner or occupant of the main building.
(J.) 
Only one ADU, including a garage ADU, or servant's/caretaker's quarters, shall be allowed on any lot, and the ADU shall be clearly incidental to the primary residential structure.
30.3. 
Area regulations for accessory buildings or structures in residential and apartment districts.
30.3.1. 
Front Yard: Attached accessory buildings, including garages and carports, shall have a front yard not less than the main building, or as specified in the particular district. Detached accessory buildings shall not be located in the Front Yard.
30.3.2. 
Side Yard: There shall be a side yard not less than five (5) feet from any side lot line, alley line, or easement line, except that adjacent to a side street, the side yard shall never be less than twenty (20) feet.
30.3.3. 
Rear Yard: There shall be a rear yard not less than ten (10) feet from any lot line, alley line, or easement line. Carports, garages, or other accessory buildings located within the rear portion of a lot, as heretofore described, shall not be located closer than fifteen (15) feet to the main building nor nearer than five (5) feet to any side lot line.
30.4. 
General accessory building and structure regulations.
In all residential districts, accessory buildings and structures shall comply with the following standards except as may otherwise be specifically provided in this Chapter:
(A.) 
Types of accessory buildings and structures.
(1.) 
Attached accessory buildings and structures. Accessory buildings and structures that are physically attached to a primary building or structure or located less than ten feet (10') from the primary building or structure shall be considered attached accessory buildings or structures.
(2.) 
Detached accessory buildings and structures. Accessory buildings and structures that are physically located ten feet (10') or more from the primary building or structure and a minimum of ten feet (10') behind the required front setback line shall be considered detached accessory buildings or structures.
(B.) 
Design.
(1.) 
Attached accessory buildings and structures shall be designed to be architecturally compatible with the primary building or structure and constructed of similar materials as the primary building or structure.
(2.) 
Detached accessory buildings shall be constructed of materials designed for construction and have a minimum life expectancy of at least twenty (20) years.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2021-05-20-03 adopted 5/20/2021; Ordinance 2025-02-20-01 adopted 2/20/2025)