Highland Park City Zoning Code
§ 12
ACCESSORY BUILDING REGULATIONS.
12-100
DEFINITION AND USE REGULATION.
(1)
In a residence or apartment district, an accessory building cannot be rented, cannot contain kitchen facilities nor can an accessory building be used for commercial purposes.
(2)
In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
12-101
AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL AND MULTIFAMILY DISTRICTS:
(1)
Front Yard.
(a)
Attached accessory buildings shall have a front yard not less than that required for the main building. Detached accessory buildings shall be located in the area defined as the rear yard, except as provided in Subsection (b).
(b)
Any detached accessory building located on a combined building site must be located in the rear yard, or in a side yard, to the rear of a line joining the midpoint of one side lot line with the midpoint of the opposite side lot line. (See Appendix Illustration 9[1])
[1]
Editor's Note: Said appendix is inlcuded as an attachment to this exhibit.
(2)
Side Yard.
(a)
Except as provided in Subsection (b), there shall be a side yard for any detached accessory building of not less than three (3) feet from any side lot line, alley line or easement line, except that adjacent to a side street the side yard requirement shall be the same as that required for the main building. An attached or detached accessory building on a corner lot which opens directly to and is entered from the side street shall provide a side yard of not less than twenty (20) feet. Maximum overhang of roof of an accessory building into the required side yard is eighteen (18) inches.
(b)
Except as provided below in Subparagraph 4 (Nonconforming Accessory Buildings), any detached accessory building to be located on a combined building site shall have a side yard that is not less than ten feet from any side lot line, alley line, or easement line. All other provisions of Subsection (a) shall apply to any detached accessory building located on a combined building site.
(3)
Rear Yard.
There shall be a rear yard for any accessory building of not less than (3) feet from the rear property lot line, alley line, or easement line, except that if no alley exists, the rear yard shall not be less than eight (8) feet as measured from the rear property line. In A, B, G and H Districts, the main dwelling and all accessory buildings shall not cover more than sixty (60) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line. In C, D, E and F Districts, coverage for the main building and all accessory buildings is limited to not more than fifty (50) percent. Carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than ten (10) feet to the main building, nor nearer than three (3) feet to any side lot line, except that a breezeway not exceeding fifteen (15) feet in height and six (6) feet in width, as measured to the outside face of support posts and exclusive of a maximum eighteen (18) inch roof overhang, shall be permitted connecting the dwelling structure to an accessory building, provided it is open on all sides from the eaves of the roof to the ground. Carports and garages which open directly to and are entered from an alley shall not be located nearer than ten (10) feet to the rear lot line. Maximum overhang for roofs of accessory buildings into the required rear yard is eighteen (18) inches.
(4)
Special Provision for Play Structures.
Play structures are permitted only in the rear yard, or in the side yard behind the midpoint of the lot depth. There shall be a side yard setback and rear yard setback of not less than three (3) feet, including any roof overhang, to any property line, alley line, or easement line.
12-102
AREA REGULATIONS FOR NONCONFORMING ACCESSORY BUILDINGS IN RESIDENTIAL AND MULTIFAMILY DISTRICTS.
(1)
Where existing, nonconforming accessory buildings on a building site do not provide the minimum yard dimensions specified, no addition or change to such buildings may be made which will increase the degree of nonconformity.
(2)
Any addition or change to an existing, nonconforming accessory building located on a combined building site shall conform to the requirements of sections 12-101(1)(b) and (2)(b) of this section.
(3)
Nonconforming accessory buildings may be replaced provided:
(a)
That the new, nonconforming accessory building is occupied by the same or similar use;
(b)
That the new, nonconforming accessory building has a maximum height not to exceed that of the accessory building being replaced, and all portions thereof shall comply with section 8-601(1), (7), (8), (9) and (10).[;]
(c)
That the nonconforming side and rear yard dimensions are not reduced;
(d)
That no portion of the nonconforming accessory building (including an overhang) extends across a property or easement line.
(4)
On building sites where the main building is being replaced, any new accessory building shall comply with the provisions of this ordinance.
(Ordinance 740, sec. 9, adopted 5/4/70; Ordinance 847, sec. 1, adopted 3/1/76; Ordinance 1008, sec. 1(11), adopted 9/6/83; Ordinance 1631, sec. 6, adopted 8/22/05; Ordinance 1780, sec. 9, adopted 1/26/09; Ordinance 1873, secs. 7–8, adopted 10/24/11; Ordinance 1927, secs. 4–5, adopted 9/9/13)