The term "accessory use" means any structure or use which is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and

(3)

Located on the same lot as the principal structure or use served.

If an accessory use is attached to the principal structure, it shall be considered part of the principal structure.

(Ord. No. 95-4, § 3-14, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is:

(1)

Accessory to a principal structure or use that is allowed in that zoning district as of right (permitted uses) or by virtue of the fact that a special use permit has been granted; and

(2)

In compliance with the restrictions set forth in section 70-383.

(Ord. No. 95-4, § 3-14.1, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(a)

*Building height. No accessory use shall be higher than:

(1)

Fifteen feet in any residential district; or

(2)

Twenty-five feet in any other zoning district.

* See "Building Height" definition

(b)

Yard coverage. In any residential district, accessory uses shall not cover more than 30 percent of a rear yard.

(c)

Use as dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the zoning jurisdiction of this village.

(d)

Location. An accessory building shall meet all setback restrictions of this chapter, shall not be nearer than ten feet to the main building and shall be at least six feet from the side lot line, the rear lot line, or the alley.

(Ord. No. 95-4, § 3-14.2, 4-12-1995; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(a)

No swimming pool, whether public or private, shall be located in any front yard. Above-ground swimming pools may not be located closer than ten feet to any side lot line or ten feet to the rear lot line. In-ground swimming pools may not be located closer than ten feet to any side lot line or 30 feet to the rear lot line. No swimming pool and/or accompanying structure (deck) may cover more than 30 percent of a rear yard.

(b)

Every outdoor swimming pool that contains water more than 24 inches deep shall be enclosed by a barrier at least four feet in height. The passage through such a wall or fence shall be equipped with a self-latching and locking gate. Such fence shall not be less than five feet from the pool, and shall comply with all other provisions outlined in the adopted building codes of the Village of Malta.

(Ord. No. 95-4, § 4-12, 4-12-1995; Ord. No. 2005-02, § 1, 2-9-2005; Ord. No. 2005-03, § 3, 6-8-2005; Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)