(1)   When provided by these regulations, it shall be the responsibility of the Building Commissioner to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Building Commissioner’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use.

         A.   Swimming pool or hot tub.

         B.   Detached storage shed or garage.

         C.   Ground mounted solar energy system.

         D.   Residential recreational facility. This includes tennis and basketball courts.

         E.   Gazebo and other freestanding structures.

         F.   The raising of domestic animals.

      (1)   A fully dimensioned plot plan sketch of the subject parcel and proposed location of the accessory use or structure.

      (2)   Fully dimensioned elevation drawings of the proposed accessory use structure.

      (3)   Photographs of the subject parcel and proposed location of the accessory use structure.

      (4)   Any other information requested by the Building Commissioner deemed necessary to make an informed determination regarding the compliance to all applicable accessory use standards.

   (d)   The Building Commissioner shall transmit a written determination to the applicant.

   (e)   If the proposed accessory use application is complete and satisfies all applicable regulations and standards set forth in this Zoning Code, the Building Commissioner shall issue the applicant a building permit.

   (f)   Such determination made by the Building Commissioner shall be subject to the administrative appeal procedure set forth in Chapter 1127.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   Directly serve the principal use or structure;

      (2)   Be clearly incidental and subordinate to the principal use and structure;

      (3)   Be owned or operated by the same person or business as the principal use or structure;

      (4)   Be located on the same lot or parcel as the principal use or structure;

      (5)   Be located in the rear yard unless specific additional requirements permit other yards;

      (6)   When considered in conjunction with the principal use or structure, the accessory use or structure shall not violate any provisions of this Zoning Code;

      (7)   No accessory building, structure or use shall be constructed or established prior to the start of construction of the principal building or use to which it is accessory;

      (8)   When determining the accessory use yard coverage ratio, the building footprint or the area within the perimeter of a non-structural accessory use (i.e. swimming pool and concrete deck area) shall be utilized in the calculation; and

      (9)   Accessory buildings shall conform to all applicable architectural design guidelines set forth in the respective zoning district for which the building is located.

      (1)   The footprint area of all accessory buildings and other qualifying accessory uses shall not occupy more than twenty-five percent (25%) of the total rear yard area.

 

         A.   In all residential districts, an accessory building or structure containing less than 400 square feet of total accessory use “footprint” area shall not exceed a height of twelve feet.

         B.   In all residential districts, an accessory building or structure containing 400 square feet or more of total accessory use “footprint” area shall not exceed a total height of fifteen feet.

      (4)   The measurement of the height of an accessory building or structure affixed to the ground shall be measured from the lowest ground level to the highest point of the structure.

      (5)   No more than one enclosed and one unenclosed accessory use, buildings or structures shall be permitted per lot. A detached garage used for vehicle storage shall not count toward the accessory structure limit. The land uses identified in Section 1141.03 shall be exempt from this requirement.

      (6)   An unenclosed accessory structure may be located in a rear yard, but not less than five feet from a rear or side lot line.

      (7)   An accessory building or structure shall not be located closer than five feet to any property line.

      (8)   An accessory building, structure or detached private garage shall be located at least twenty feet from the main building, at least twenty feet from any dwelling on an adjacent residential lot, and at least ten feet from another accessory building.

      (9)   In all residential districts, the roof overhang of an accessory building shall not exceed two feet. An overhang shall be defined as: “The portion of roof that extends past the outside wall of the structure.”

         A.   Fowl, rabbits or fur-bearing animals may be raised or kept for an owner’s use on a lot at least 20,000 square feet in area if the structure containing such use is located at least fifty feet from all adjoining residential lot lines and at least 150 feet from any residence.

         B.   For the keeping and raising of one horse, one pony, one cow, one steer or one sheep, the real property upon which such animal is to be raised or kept shall have a minimum size of one acre.

         C.   For the keeping or raising of more than one horse, one pony, one cow, one steer or one sheep, the real property upon which such horses, ponies, cows, steers or sheep are to be raised or kept shall have a minimum size of one acre for each horse, pony, cow, steer or sheep to be kept or raised. However, not more than five of any or all of such animals shall be kept on any one parcel of real estate.

         D.   The keeping or raising of any horse, pony, cow, steer or sheep upon property not owned by the owner of such animal shall require the written consent of the owner of such property.

            1.   A stable is required for the keeping, lodging or feeding of horses, ponies, cows, steers or sheep, and such stable shall be located at least 150 feet from any residential structure.

            2.   No area of a lot shall be used for the keeping or grazing of any horse, pony, cow, steer or sheep within 150 feet from any adjoining residential dwelling.

            1.   For purposes of this division only, “lot size” shall include sidewalk areas, tree lawns or any other areas behind the street curb-line within the public right-of-way which fronts upon the property, which shall harbor the bees.

            2.   A beehive must be kept a minimum of twenty-five feet from property lines, and the bees’ flight pattern must be directed away from a neighbor’s entrances and lines of traffic.

      (1)   An accessory use may not exceed fifteen feet in height.

      (2)   An accessory building or structure shall not be located closer than ten feet to a rear or side lot line when abutting any residential use or residential zoning district. When an accessory use abuts a non-residential use or zoning district, an accessory building or structure shall not be located closer than ten feet to any property line.

      (3)   In all non-residential districts, mechanical equipment placed on an accessory building roof or other accessory structure, which exceeds the maximum accessory building or accessory structure height set forth in this chapter may be allowed, provided that such mechanical equipment or structure is:

         A.   Set back a minimum of fifteen feet from any exterior wall;

         B.   Not greater than fifteen feet in height;

         C.   Adequately screened from public view; and

         D.   Approved by the Planning Commission as to its location and its screening methods.

      (4)   A detached accessory building shall not encroach into any required bufferyard area.

      (5)   There shall be no more than three detached accessory buildings on a lot where the principal building is 300,000 SF or less. One additional accessory building may be permitted for every 200,000 square feet of principal building floor area in excess of 300,000 square feet or fraction thereof.

      (6)   The total of all accessory buildings, structures and uses shall not occupy more than 35% of the area of the rear yard.

      (7)   All accessory use buildings shall utilize the same or substantially similar exterior materials as the principal building for which is serves as approved by the Building Commissioner. This requirement shall apply to all accessory buildings in all zoning districts, with the exception of accessory buildings serving a single-family or two-family residential dwellings.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2024-88. Passed 2-25-25.)

   The following accessory uses, buildings and structures may be permitted in addition to the two accessory uses, buildings or structures provided for in Section 1141.02(a) and may be located within the required yards specified, subject to the special conditions indicated.

      (1)   Light fixtures, flag poles, arbors, trellises, fountains, sculptures, plant boxes, plants, trees, and other similar ornamental features may be located within any yard. In no case shall any ornamental feature more than two and one-half feet in height above the curb level be located so as to block the sight distance at street or drive intersections within the designated “No Accessory Structure Zone”.

      (2)   In the case of a street intersection, the sight distance triangle shall consist of the area between points thirty-five feet from the right-of-way line along both intersecting streets.

(Ord. 2022-24. Passed 5-24-22.)