ACCESSORY, PORTABLE AND STORAGE BUILDING REGULATIONS
(a)
Generally. More than one accessory building will be allowed on a lot provided the impervious lot coverage does not exceed the requirement of the district, and the buildings can be placed within standard yard setbacks. The side yard requirements for accessory buildings will be five feet and said building shall always be located in the area defined as rear yard with no less than three feet rear setback, ten feet if no rear alley exists.
(b)
Location of accessory buildings. A main building for one-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract; however, an accessory building may never be used as a main building for residential use.
(1)
In a residence or an apartment district, an accessory building is a subordinate building, smaller in both size and scale than the main building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. Separate bath and kitchen facilities shall be allowed in cabanas, shelters, and other private poolside structures; provided, however, that such structures shall never be used as a residence.
(2)
Any structure, item or appurtenance, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district. The exemptions to this requirement will be mailboxes, yard decorations, flagpoles, swimming pools and fountains.
(3)
In other districts, an accessory building is a subordinate building, smaller in both size and scale than the main building, the use of which is incidental to and used only in conjunction with the main building.
(c)
Area regulations in residential and apartment districts. The measurements for accessory buildings shall be from the closest part of the building to the lot line.
(1)
Front yard. Attached accessory buildings shall be from the front property line the same distance required for the main building, for front yard purposes. Detached accessory buildings shall be located in the area defined as the rear yard.
(2)
Side yard. There shall be a side yard not less than five feet from any side lot line or alley line, except that adjacent to a side street, the side yard shall never be less than ten feet.
(3)
Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line. Carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than three feet to any rear lot line.
(Code 1997, § 159.110; Ord. No. 74-36, 11-20-1974; Ord. of 10-20-1993; Ord. No. 97-35, 7-2-1997; Ord. No. 01-16, 2-21-2001)
(a)
Generally. No more than one portable building will be allowed on a lot regardless of zone or size unless a special use permit that will comply with subsection (a)(4) of this section is obtained. This special use permit will be separate from the one required in section 111-62. The side yard requirements for portable buildings will be a minimum of five feet if the use is accessory and shall always be located in the area defined as the rear yard with a three foot minimum rear setback. If the use of the portable building is considered a main use, then the portable building must meet all setback requirements of a main building.
(1)
In a residence or an apartment district, a portable building is a subordinate building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased.
(2)
Any portable building, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district.
(3)
In other districts, a portable building may be a subordinate building, the use of which is incidental to and used only in conjunction with the main building, or used as an office or for commercial use.
(4)
A portable building may never be used as a main building for residential use. Every building shall face or front upon a public street or approved place, other than an alley. The access shall be a minimum width of 30 feet and must be approved by the planning and zoning commission and city commission through a special use permit. Where a lot is used for multifamily, retail, commercial, or industrial purposes, or a combination of the same, more than one main building may be located upon the lot. However, a special use permit is required for each such portable building and for allowance of more than one on a single lot. Such buildings shall conform to all open space, parking and other requirements applicable to the uses and district when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. An approved site plan shall be filed with the chief building official to ensure compliance with this article. Any deviation of more than one foot from the said site plan as approved by the planning and zoning commission and city commission and filed with the chief building official is prohibited.
(5)
A portable building larger than 144 square feet in size in a residential zone shall require a special use permit as set forth in section 111-413. A portable building of any size located in any other designated zone shall require a special use permit.
(b)
Area regulations in residential and apartment districts. The measurements for portable buildings shall be from the closest part of the building to the lot line.
(1)
Front yard. Portable buildings shall be from the front property line the same distance required for the main building, for front yard purposes.
(2)
Side yard. There shall be a side yard not less than five feet from any side lot line or alley line, except that, adjacent to a side street, the side yard shall never be less than ten feet.
(3)
Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line.
(Code 1997, § 159.111; Ord. No. 74-36, 11-20-1974; Ord. of 10-20-1993; Ord. No. 97-35, 7-2-1997)
(a)
"Storage container" shall mean a container, structure, or device that is used or capable of being used primarily for the storage of goods and materials, including but not limited to portable on-demand storage, PODS, shipping containers, intermodal freight containers, mini-storage units, or portable storage buildings built off site and moved to a location for use as storage or commercial use, whether leased or owned.
(b)
Location of storage buildings. A main building for one-family, two-family or multiple-family use with permitted accessory buildings or one storage building may be located upon a lot or unplatted tract; however, a storage building may never be used as a main building for residential use.
(1)
A storage building larger than 144 swine feet in size in any zone shall require a special use permit as set forth in section 111-413.
(2)
A storage building for one-family, two-family or multiple-family use with permitted accessory buildings or one portable building may be located upon a lot or unplatted tract; however, a storage building may never be used as a main building for residential use. Every dwelling shall face or front upon a public street or approved place, other than an alley, which means of access shall have a minimum width of 30 feet. Where a lot is used for multifamily, retail, commercial, or industrial purposes, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot. Such buildings shall conform to all open space, parking and density requirements applicable to the uses and district and when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. An approved site plan shall be filed with the chief building official to ensure compliance with this article. Any deviation of more than one foot from the said site plan as filed with the chief building official is prohibited.
(3)
A storage building larger than 144 square feet in size in a residential zone shall require a special use permit as set forth in section 111-413. A storage building of any size located in any other designated zone shall require a special use permit.
a.
In a residence or an apartment district, a storage building is a subordinate building, attached to or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased.
b.
Any structure, item or appurtenance, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district.
c.
In other districts, a storage building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
(b)
Area regulations in residential and apartment districts. The measurements for storage buildings shall be from the closest part of the building to the lot line.
(1)
Front yard. Storage buildings shall be located in the area defined as the rear yard.
(2)
Side yard. There shall be a side yard not less than five feet from any side lot line or alley line, except that, adjacent to a side street, the side yard shall never be less than ten feet.
(3)
Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line.
(c)
No storage container will be allowed on a lot, regardless of zone or size, unless a special use permit issued under this subsection is obtained.
(1)
In districts R-1, R-2, M-1, M-2, RPH, and MH, storage containers are not permitted.
(2)
A storage container may never be used as a main building for residential use. A special use permit is required for each such storage container. A special use permit may not be obtained unless the applicant files a site plan with the chief building official demonstrating that the container will be screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery, and that all setback restrictions applicable to storage buildings are observed. A special use permit may not be administratively approved pursuant to section 111-413.
(3)
Special use permits issued under this subsection shall be valid for no more than 90 consecutive days. No more than one special use permit shall be granted per lot in any 12-month period. No more than one storage container may be allowed under a single special use permit.
(d)
No special use permit shall be required for the use of storage containers while operating under a building permit. Any number of storage containers may be maintained while actively constructing the improvement for which the building permit was obtained.
(e)
A storage container no larger than 16 feet by eight feet by eight feet may be allowed on a lot in Districts RPH, R-1, and R-2 for the purpose of moving household items to and from a residence, but such storage containers may not be on the lot for longer than 30 consecutive days within a twelve-month period.
(f)
The requirements of this section applicable to storage containers shall not apply to storage containers which are not in use, where the containers are the inventory of a business, or stock of a business used off-site, and which are located on property zoned as light industrial.
(g)
All existing storage containers in the city not in conformity with the requirements of this section shall immediately be screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. All existing storage containers in the city not in conformity with the requirements of this section shall conform to all requirements no later than two years after the adoption of the ordinance from which this section derives.
(Ord. No. 2017-18, § I(Exh. A), 6-7-2017)
Editor's note— Ord. No. 2017-18, § I(Exh. A), adopted June 7, 2017, amended 111-304 in its entirety to read as herein set out. Former § 111-304, pertained to storage building placement, and derived from Code 1997, § 159.112; Ord. No. 74-36, adopted Nov. 20, 1974; Ord. of Oct. 20, 1993; Ord. No. 97-35, adopted July 2, 1997.
ACCESSORY, PORTABLE AND STORAGE BUILDING REGULATIONS
(a)
Generally. More than one accessory building will be allowed on a lot provided the impervious lot coverage does not exceed the requirement of the district, and the buildings can be placed within standard yard setbacks. The side yard requirements for accessory buildings will be five feet and said building shall always be located in the area defined as rear yard with no less than three feet rear setback, ten feet if no rear alley exists.
(b)
Location of accessory buildings. A main building for one-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract; however, an accessory building may never be used as a main building for residential use.
(1)
In a residence or an apartment district, an accessory building is a subordinate building, smaller in both size and scale than the main building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. Separate bath and kitchen facilities shall be allowed in cabanas, shelters, and other private poolside structures; provided, however, that such structures shall never be used as a residence.
(2)
Any structure, item or appurtenance, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district. The exemptions to this requirement will be mailboxes, yard decorations, flagpoles, swimming pools and fountains.
(3)
In other districts, an accessory building is a subordinate building, smaller in both size and scale than the main building, the use of which is incidental to and used only in conjunction with the main building.
(c)
Area regulations in residential and apartment districts. The measurements for accessory buildings shall be from the closest part of the building to the lot line.
(1)
Front yard. Attached accessory buildings shall be from the front property line the same distance required for the main building, for front yard purposes. Detached accessory buildings shall be located in the area defined as the rear yard.
(2)
Side yard. There shall be a side yard not less than five feet from any side lot line or alley line, except that adjacent to a side street, the side yard shall never be less than ten feet.
(3)
Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line. Carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than three feet to any rear lot line.
(Code 1997, § 159.110; Ord. No. 74-36, 11-20-1974; Ord. of 10-20-1993; Ord. No. 97-35, 7-2-1997; Ord. No. 01-16, 2-21-2001)
(a)
Generally. No more than one portable building will be allowed on a lot regardless of zone or size unless a special use permit that will comply with subsection (a)(4) of this section is obtained. This special use permit will be separate from the one required in section 111-62. The side yard requirements for portable buildings will be a minimum of five feet if the use is accessory and shall always be located in the area defined as the rear yard with a three foot minimum rear setback. If the use of the portable building is considered a main use, then the portable building must meet all setback requirements of a main building.
(1)
In a residence or an apartment district, a portable building is a subordinate building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased.
(2)
Any portable building, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district.
(3)
In other districts, a portable building may be a subordinate building, the use of which is incidental to and used only in conjunction with the main building, or used as an office or for commercial use.
(4)
A portable building may never be used as a main building for residential use. Every building shall face or front upon a public street or approved place, other than an alley. The access shall be a minimum width of 30 feet and must be approved by the planning and zoning commission and city commission through a special use permit. Where a lot is used for multifamily, retail, commercial, or industrial purposes, or a combination of the same, more than one main building may be located upon the lot. However, a special use permit is required for each such portable building and for allowance of more than one on a single lot. Such buildings shall conform to all open space, parking and other requirements applicable to the uses and district when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. An approved site plan shall be filed with the chief building official to ensure compliance with this article. Any deviation of more than one foot from the said site plan as approved by the planning and zoning commission and city commission and filed with the chief building official is prohibited.
(5)
A portable building larger than 144 square feet in size in a residential zone shall require a special use permit as set forth in section 111-413. A portable building of any size located in any other designated zone shall require a special use permit.
(b)
Area regulations in residential and apartment districts. The measurements for portable buildings shall be from the closest part of the building to the lot line.
(1)
Front yard. Portable buildings shall be from the front property line the same distance required for the main building, for front yard purposes.
(2)
Side yard. There shall be a side yard not less than five feet from any side lot line or alley line, except that, adjacent to a side street, the side yard shall never be less than ten feet.
(3)
Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line.
(Code 1997, § 159.111; Ord. No. 74-36, 11-20-1974; Ord. of 10-20-1993; Ord. No. 97-35, 7-2-1997)
(a)
"Storage container" shall mean a container, structure, or device that is used or capable of being used primarily for the storage of goods and materials, including but not limited to portable on-demand storage, PODS, shipping containers, intermodal freight containers, mini-storage units, or portable storage buildings built off site and moved to a location for use as storage or commercial use, whether leased or owned.
(b)
Location of storage buildings. A main building for one-family, two-family or multiple-family use with permitted accessory buildings or one storage building may be located upon a lot or unplatted tract; however, a storage building may never be used as a main building for residential use.
(1)
A storage building larger than 144 swine feet in size in any zone shall require a special use permit as set forth in section 111-413.
(2)
A storage building for one-family, two-family or multiple-family use with permitted accessory buildings or one portable building may be located upon a lot or unplatted tract; however, a storage building may never be used as a main building for residential use. Every dwelling shall face or front upon a public street or approved place, other than an alley, which means of access shall have a minimum width of 30 feet. Where a lot is used for multifamily, retail, commercial, or industrial purposes, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot. Such buildings shall conform to all open space, parking and density requirements applicable to the uses and district and when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. An approved site plan shall be filed with the chief building official to ensure compliance with this article. Any deviation of more than one foot from the said site plan as filed with the chief building official is prohibited.
(3)
A storage building larger than 144 square feet in size in a residential zone shall require a special use permit as set forth in section 111-413. A storage building of any size located in any other designated zone shall require a special use permit.
a.
In a residence or an apartment district, a storage building is a subordinate building, attached to or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased.
b.
Any structure, item or appurtenance, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district.
c.
In other districts, a storage building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
(b)
Area regulations in residential and apartment districts. The measurements for storage buildings shall be from the closest part of the building to the lot line.
(1)
Front yard. Storage buildings shall be located in the area defined as the rear yard.
(2)
Side yard. There shall be a side yard not less than five feet from any side lot line or alley line, except that, adjacent to a side street, the side yard shall never be less than ten feet.
(3)
Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line.
(c)
No storage container will be allowed on a lot, regardless of zone or size, unless a special use permit issued under this subsection is obtained.
(1)
In districts R-1, R-2, M-1, M-2, RPH, and MH, storage containers are not permitted.
(2)
A storage container may never be used as a main building for residential use. A special use permit is required for each such storage container. A special use permit may not be obtained unless the applicant files a site plan with the chief building official demonstrating that the container will be screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery, and that all setback restrictions applicable to storage buildings are observed. A special use permit may not be administratively approved pursuant to section 111-413.
(3)
Special use permits issued under this subsection shall be valid for no more than 90 consecutive days. No more than one special use permit shall be granted per lot in any 12-month period. No more than one storage container may be allowed under a single special use permit.
(d)
No special use permit shall be required for the use of storage containers while operating under a building permit. Any number of storage containers may be maintained while actively constructing the improvement for which the building permit was obtained.
(e)
A storage container no larger than 16 feet by eight feet by eight feet may be allowed on a lot in Districts RPH, R-1, and R-2 for the purpose of moving household items to and from a residence, but such storage containers may not be on the lot for longer than 30 consecutive days within a twelve-month period.
(f)
The requirements of this section applicable to storage containers shall not apply to storage containers which are not in use, where the containers are the inventory of a business, or stock of a business used off-site, and which are located on property zoned as light industrial.
(g)
All existing storage containers in the city not in conformity with the requirements of this section shall immediately be screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. All existing storage containers in the city not in conformity with the requirements of this section shall conform to all requirements no later than two years after the adoption of the ordinance from which this section derives.
(Ord. No. 2017-18, § I(Exh. A), 6-7-2017)
Editor's note— Ord. No. 2017-18, § I(Exh. A), adopted June 7, 2017, amended 111-304 in its entirety to read as herein set out. Former § 111-304, pertained to storage building placement, and derived from Code 1997, § 159.112; Ord. No. 74-36, adopted Nov. 20, 1974; Ord. of Oct. 20, 1993; Ord. No. 97-35, adopted July 2, 1997.