Measurements such as yard depth and open space depth shall be measured horizontally in relation to the ground measurement, and perpendicular in relation to where walls or structures intersect with the horizontal ground measurement.

The following standards shall pertain to all accessory buildings:

A.

The accessory use or building shall not be injurious to the use and enjoyment of surrounding properties.

B.

Accessory buildings and structures shall be subordinate in scale to the principal dwelling.

C.

Accessory buildings, including detached garages, shall be permitted on any lot used for residential purposes in an R-1, Commercial or Transitional District, subject to the following limitations:

1.

Placement.

a.

Located on a lot with a principal dwelling. An accessory building shall only be located on the same lot as the principal dwelling to which it is accessory.

b.

Setback dependent on distance from dwelling. An accessory building located within 20 feet of the principal dwelling shall comply with the setback of the principal dwelling to which it is accessory. Accessory buildings located 20 feet or more to the rear of the principal dwelling may be placed within five feet of an interior side or rear lot line.

c.

Setback on corner lot. The street side yard setback of accessory buildings located on a corner lot shall be equal to the front yard setback for the principal dwelling. No accessory building on a corner lot that adjoins a residentially used or zoned lot to the rear shall be located within 25 feet of the rear property line. This 25-foot setback will not be required when the adjoining yard is a rear yard.

d.

Setback for attached garages. Attached garages shall be set back a minimum of four feet to the rear of the front facade of the principal building.

e.

Ordinance setbacks otherwise remain in effect. Except as herein provided, the minimum setback requirements this Ordinance shall also apply to accessory buildings.

f.

Minimum distance from principal dwelling. No accessory building, including detached garages, shall be located less than ten feet from the principal dwelling.

2.

Height.

a.

Scale of accessory buildings. The height of an accessory building shall not exceed 24 feet or the height of the principal dwelling, whichever is less.

3.

Floor area.

a.

Maximum floor area. The floor area of an accessory structure shall include all floor area, whether or not such area is heated, and shall not exceed 40 percent of the floor area of the principal dwelling. When more than one accessory building or structure is established on a lot, the maximum total floor area of all accessory buildings and structures on the lot shall not exceed 40 percent of the floor area of the principal dwelling.

4.

Number of accessory buildings.

a.

No more than two accessory buildings shall be established on any lot.

5.

Architectural style and exterior finish.

a.

Compatibility with principal dwelling. Accessory buildings shall be architecturally compatible with the principal dwelling on the lot. The exterior finish of all accessory buildings shall be compatible with the exterior finish of the principal dwelling on the lot. In the case of brick dwellings, the exterior finish of the accessory building may be similar to the trim work or other siding materials of the dwelling.

6.

Use.

a.

Limitations on commercial use. No accessory building shall be used for operation of any business, except as permitted under regulations for home occupations. No commercial or industrial use, including storage, shall be permitted in any residential accessory building.

b.

Permitted uses. Accessory buildings may be used as home offices or studio space, garden or greenhouses, pool houses and similar customary accessory uses to a residential use provided all other applicable codes are met.

c.

Accessory structures not deemed accessory buildings. Outdoor cooking facilities, patios, gazebos, arbors, fireplaces, trash receptacle enclosures and other such accessory structures shall be exempt in calculating the maximum number of accessory buildings on a lot.

7.

Accessory dwelling standards: Accessory dwellings may be established in accessory buildings or within the principal dwelling. All accessory building standards and the following additional standards shall apply to accessory dwellings:

a.

Limit as to number. No more than one accessory dwelling may be established on a residential lot.

b.

Maximum allowable floor area. No accessory dwelling shall have a floor area greater than that of the principal dwelling.

c.

Loss of status as an accessory dwelling. When the floor area of any accessory dwelling exceeds the allowable floor area, such dwelling unit is deemed a nonconforming building. When such a dwelling unit is located within the principal dwelling, the dwelling shall be defined as a duplex.

d.

Off-street parking. One parking space conforming to all other parking standards of this Ordinance shall be provided on the same lot on which the accessory dwelling is established. Such parking may be on a parking pad, under a carport or in a garage and shall be in addition to the parking required for the principal dwelling.

e.

Dedicated access for in-home home accessory dwelling. A dedicated entrance to an in-home accessory dwelling shall be provided that does not require access through any portion of the principal dwelling. Such access shall not be by way of any portion of the front of the principal dwelling.

f.

Accessory dwelling unit amenity. An outdoor seating area such as a porch, deck, terrace, balcony, lawn or garden having a minimum area 288 square feet shall be provided for the exclusive use the occupant(s) of the accessory dwelling unit at any time.

8.

Carport standards. All accessory building standards and the following additional standards shall apply to carports:

a.

Limit as to number and size. A single carport shall be permitted having a maximum capacity of two passenger vehicles.

b.

Maximum height. The maximum height of a carport shall be 12 feet.

9.

Permitting schedule.

a.

Permit required. A building permit shall be required for the construction, erection or set-up of any accessory building on a lot. No permit for an accessory building shall be issued prior to issuance of a permit for construction of the principal dwelling. Such permits may be issued concurrently.

b.

A separate certificate of occupancy shall be required for the construction, erection or set up of any accessory building in excess of 200 square feet. The C.O. for the principal dwelling must be issued prior to issuance of a C.O. for an accessory building.

10.

Construction standards.

a.

Any accessory building having a floor area greater than 144 square feet shall be secured to the ground with a full perimeter foundation. Accessory buildings must comply with adopted fire safety and building code regulations.

b.

Prohibited accessory and temporary buildings or structures. Manufactured homes, mobile homes, freight trailers, boxcars, trailers, shipping containers, temporary storage buildings or any other structure or vehicle not originally fabricated for use as an accessory building shall be prohibited as an accessory building.

c.

Accessory structure standards. All accessory structures shall be subject to the accessory building setback standards and shall not exceed 144 square feet in area.

In addition to minimum yard and building requirements specified in this ordinance, all buildings and other structures, and all landscaping, shall be located and arranged on lots as to provide safe and convenient access for fire protection, servicing, pedestrian entrances and off-street parking located on the premises.

A.

Building setbacks may only be reduced from the district setback requirements in accordance with the procedures and criteria set forth in article 12, Variances of this ordinance.

B.

Building setbacks must conform to setback conditions of zoning and other actions: On lots where increased setback distances from property lines or required sidewalks to buildable boundaries have been legally established through zoning conditions, variance, or special use permit conditions, which increased setbacks are greater than setbacks generally establish for that district, such legally established setbacks shall govern in determining boundaries of buildable areas.

C.

Within a block between intersecting streets where more than 50 percent of the lots, and 50 percent of the total block street frontage, have primary structures that are closer to the street than the required front yard setback for that district, the front yard setback requirement for proposed new structures within that block may be reduced to the average existing building setback for that block, but no less than 50 percent of the required front yard setback for that district, and not impeding upon any required sidewalk area. Such reduction in setback shall be established by the city zoning official, recorded as such on the approved building permit, and filed in the office of the city clerk.

D.

Temporary structures, such as dog houses, play houses, or storage structures, are permitted to be located within side and rear yard setback areas, have no permanent footings or foundations, are not used for storage of vehicles, are no taller than eight feet in height from the average ground elevation to the highest point of the structure, no larger than 200 feet square feet in floor area, and are not attached to a wall, fence, deck, or any permanent structure.

E.

Decks are considered to be permanent structures and require approval by the zoning official. Decks are permitted within building setback areas when such decks are no more than 30 inches above ground level at any point, and when decks have no attached bench or other structure, other than required railings, that is taller than 24 inches above the deck walking surface. Decks remain subject to lot coverage restrictions.

F.

Limitations on projections into required rear and side yard setbacks within districts other than R districts:

1.

Eaves, sills, belt courses, cornices, bays, chimneys, stoops, steps, decks, and ornamental features, are allowed to project no more than 30 inches into any required yard setback area, except when projections are otherwise allowed.

2.

Flues, ducts, pipes, energy generation devices, air conditioners, and the like are allowed to project no more than 30 inches into any required side or rear yard setback area, except when such yard is adjacent to any R district, and unless projections are otherwise prohibited.

A.

Excluded portion of structures: Except as specifically provided in district regulations, the height limitations of this ordinance shall not apply to the following when located in districts other than R districts.

1.

Any roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building.

2.

Water towers, skylights, flagpoles, chimneys, smokestacks, silos, energy generation structures or similar structures; except that structures may not be taller than reasonably needed to effectively function and operate.

3.

Fire walls and parapet walls may be erected no more than eight feet above the height limit.

B.

Aviation hazards: No building or other structure, regardless of excluded portions of structures, shall be located in a manner or built to a height which constitutes a hazard to aviation. Where a structure is proposed to be in a location or to be built to a height that the zoning official believes may be hazardous to air traffic, such structure shall not be erected without certification from the DeKalb County Board of Aviation, or its successor in function if its title is changed, that as proposed to be located, constructed and equipped, such structure will not constitute a hazard to air traffic.