(a)

Intent. Principal uses specified as permitted uses or special uses for a district shall be deemed to include accessory buildings and uses that are necessary and customarily associated with and are appropriate, incidental, and subordinate to such principal or special exception uses. These accessory buildings and structures include: free standing garages and carports for automobiles, trash enclosures, sheds, play structures, gazebos, free-standing patios, pergolas, trellises, underground shelters, and above-ground and in-ground pools and hot-tubs. It is the intent of these standards herein this section to establish the basic regulations for accessory buildings and structures.

(b)

General Provisions. No accessory structure shall be constructed upon a lot until the construction of the main or principal building has been commenced, and no accessory structure shall be used if the main or principal building has been unused for a period of six months or longer. Accessory buildings shall not be used for dwelling purposes, except for approved accessory dwellings as defined in this chapter.

(c)

Applicability. The following regulations shall apply to all accessory buildings and structures for agricultural uses, single-family dwellings, two-family dwellings, townhouse or row dwellings, and manufactured home parks. Accessory buildings and structures for all other uses shall comply with the regulations and standards as established for principal structures.

(d)

Location and Setbacks. The following location and setback requirements shall apply to all accessory buildings and structures:

Accessory buildings and structures shall only be erected to the rear of any principal building. No accessory use or structure except basketball goals, flag poles and fences, as permitted, shall be located in any front yard. No accessory structure shall be located between any principal building and any street. A detached, private garage may be constructed along the side of a principal building provided that said garage is no closer than ten feet from the principal building and does not extend past the front face of the principal building. An attached garage or carport shall be subject to the same required setbacks as the main structure. A detached garage or carport shall be subject to the setbacks required for detached accessory buildings.

(1)

Accessory buildings and structures shall not be erected within any required buffer or easement.

(2)

When located upon a corner lot, the front yard regulation shall apply to each street frontage and no accessory building or structure shall be located within either of these front yards.

(3)

When located on a double frontage or through lot, the Zoning Administrator shall determine which street frontage serves as the rear yard, which shall generally be the street frontage adjacent to the street with the higher street hierarchy classification and for which no driveway access is provided.

(4)

No accessory building or structure shall be located closer than ten feet from the street right-of-way line of the street located along the designated rear yard as determined by the Zoning Administrator, except that when any vehicle entrance to an accessory building faces the street, said accessory building shall be set back at least 20 feet from the alley line or street right-of-way line as may apply.

(5)

Accessory buildings and structures shall maintain a minimum distance of five feet from any lot lines, alley lines and any adjoining lots, except that when any vehicle entrance to an accessory building faces the alley, said accessory building shall be set back at least 20 feet from the alley line.

(6)

Accessory buildings and structures shall maintain a minimum distance of ten feet from any principal structure. Otherwise, said accessory building or structure must meet the setback standards required of the principal structure.

(7)

All setbacks and building separations shall be measured from the closest building wall face. Horizontal projection including roof-overhangs may not extend into any required setback.

(e)

Area and Height Limit.

(1)

Accessory buildings and structures shall be limited to a maximum of two total buildings, including a garage, of which all total accessory buildings shall not occupy more than 250 square feet for each 3,000 square feet of lot total lot area nor exceed a total square footage of 1,200 square feet.

(2)

Accessory buildings and structures shall not be taller nor encompass more floor area than the principal structure that is located on the same and shall in no case be more than one and one-half stories in height and shall not exceed a height of 24 feet.

(f)

Building Design. Accessory buildings shall match the architectural style and design of the principal structure. The exterior building materials (siding and roofing materials) shall also be similar and of identical quality as that found on the principal structure.

(g)

Exempt Structures. Accessory structures of 100 square feet or less, no taller one story, and of a movable design, plus ground mounted play structures no taller than ten feet with a footprint of no more than 400 square feet, shall be exempt from permit requirements. These structures must conform to all setback requirements. The square footage of these structures shall be included in the maximum cumulative area requirements of this Chapter.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

The following standards shall apply to all antennas, satellite dish antennas, and towers that are not part of a wireless telecommunications facility:

(1)

Freestanding antennas, satellite dish antennas, and towers shall comply with the height restrictions and setback requirements for accessory buildings and structures.

(2)

Antennas, satellite dish antennas, and towers attached to a principal building or structure shall comply with the height restrictions and setback required of that principal building or structure for the zoning district in which it is located.

(3)

No satellite dish antenna, radio or TV antenna, or related tower use shall be permitted within any front or side yard or attached to the front wall or face of any building or structure, unless the property owner can adequately demonstrate to the satisfaction of the Zoning Administrator that it is not physically possible to locate the antenna or satellite dish antenna within the confines of the rear yard and obtain a signal.

(4)

No satellite dish antenna with a dish diameter greater than three feet or height greater than 15 feet shall be permitted in any residential zoning district. Satellite dish antennas shall be located and screened as practical from view of all adjoining residential uses and public streets.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

(a)

Fences or walls.

(1)

Fences or walls may be constructed to a maximum height of six feet above the average grade subject to the restrictions of this subsection. Where a new fence or wall is constructed or an existing fence or wall is being extended, a permit shall be obtained from the Building Inspector. A fence permit shall also be required for the replacement or reconstruction of 50 percent or more of the linear length of the entire existing fence. Any replacement or reconstruction shall comply with all the provisions of this subsection, except setbacks.

(2)

Fences or walls (including retaining walls) in any planned district shall be approved by the Planning Commission as part of the final development plan prior to the issuance of any fence permit.

(3)

Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least two feet from any street right-of-way, and where the wall does not extend more than 42 inches above the ground level of the land being retained.

(4)

All fences or walls constructed prior to the adoption of these regulations which do not meet the standards of this subsection may be replaced and maintained resulting in a fence of the same size, type and material; provided, however, that no fence shall be replaced or reconstructed in a manner which obstructs the sight distance triangles as defined in Section 16-424 of this Chapter.

(5)

In residential districts the following restrictions and standards shall apply to all fences and walls:

(b)

Location.

(1)

Front yard. A fence or wall in excess of 30 inches high may not be constructed in the front yard or in front of the front platted building line, whichever is more restrictive. A decorative wall or fence 30 inches high or lower may be constructed in a front yard, provided that no fence or wall may be located in public right-of-way. For purposes of this subsection, a "decorative" wall or fence shall be limited to structures constructed of wood rail, masonry, wrought iron, or spaced wooden pickets; where the construction has both a finished and an unfinished surface, the finished surface shall face outward.

(2)

Rear yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. Fences on corner lots shall be restricted to 42 inches high once it passes the front building line of the house on the rear adjacent lot. No fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan. In the case of a double frontage lot whose rear yard abuts a collector or local street, a fence or wall may be constructed no closer than 15 feet to the rear property line.

(3)

Side yard. A fence or wall may be constructed in the side yard up to or on the side property line, except that no fence shall be closer than 15 feet to any collector or local street right-of-way with the exception of a 42 inches high fence which is permitted to be placed up to the right-of-way line and does not encroach on the sight distance triangle as defined in Section 16-424 of this Chapter of this Code. In addition, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan.

(c)

Design standards.

(1)

All fences and walls shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface. Chain-link style fencing is prohibited within all front yards.

(2)

All fence segments abutting a designated thoroughfare, except on corner lots, shall provide one gate opening per lot to allow access to the area between the fence and the edge of the street for maintenance and mowing.

(3)

Exceptions for fences in landscape easements. Where a master fence/screening plan has been approved as part of a final development plan, all fences in the platted landscape easement shall conform with the approved master fence/screening plan. Changes to this plan shall be permitted only if a new master fence/screening plan is approved in accordance with the procedures established in this chapter. In all commercial and industrial districts, a fence or wall up to eight feet in height may be constructed on any side or rear property line but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building. Planning Commission approval will be required for fences or walls in any planned zoning district.

(d)

Retaining Walls.

(1)

Retaining walls shall be set back from the property line one foot for every one foot of height.

(2)

Retaining walls which are six or more feet in height shall be structurally engineered. No single wall face shall be greater than six feet in height without terraces to break up the wall expanse. A minimum one foot of terrace shall be used for each two feet of wall height. Each terrace shall contain vegetation. The design specifications, elevations and site plan showing the exact location of the wall shall be provided along with the required building permit application to the Zoning Administrator.

(a)

Materials and Maintenance.

(1)

Allowed Materials.

a.

Fences are to be constructed of customarily used materials such as chain-link, wrought iron, aluminum, wood, polyvinyl chloride (PVC), and other similar materials, unless specified otherwise herein. Wood fences should be constructed of treated lumber, cedar, redwood, or similar types of wood that are resistant to decay and be protected with a wood sealant.

b.

The use of materials such as corrugated or sheet metal, chicken wire, woven wire, temporary construction fencing, snow fencing, or similar materials shall not be permitted for permanent fencing. A fence shall not be constructed or covered with: paper sheets or strips; cloth or fabric tarps, sheets, or strips; plastic or vinyl tarps, sheets, mesh, or strips; metal siding or panels not originally designed or intended as fencing material; bamboo; reed; or plywood sheeting. Chain-link or woven wire type fences shall not include plastic or wood slats or strips, bamboo, or reed. All fences must be of an earth tone, neutral, or natural color such as white, black, gray (silver), tan, brown, green. Bright or fluorescent colors are not permitted. Pictures, images, lettering, logos, graphics, or artwork are not permitted on fences.

c.

An exception may be approved by the Zoning Administrator for sun and/or wind screen material applied to fences directly associated with a sports or recreation facility such as tennis court fences, baseball field fences, or basketball courts, subject to the provisions of this chapter. An exception also may be approved by the Zoning Administrator for mesh screen material associated with a commercial or industrial site.

d.

Walls and Retaining Walls. Walls and retaining walls are to be constructed of brick, stone, textured concrete, precast concrete, tile block, etc., and shall not be painted. Pictures, images, lettering, logos, graphics, or artwork are not permitted on walls unless part of an approved and permitted sign in accordance with the City's Sign Regulations.

(2)

Prohibited Materials. A fence or wall may not be designed to cause pain or injury to humans or animals. Therefore, the use of broken glass, barbed wire, razor wire, nails, electrical charge or other similar materials shall be prohibited. However, spikes or pointed pickets are permitted to discourage climbing.

(3)

Construction and Maintenance. All fences shall be constructed in a sound and sturdy manner and shall be maintained in a good state of repair, including the replacement of defective parts, painting/sealing, and other acts required for maintenance. The Zoning Administrator after ten days' notice to the owner of the fence, may order the removal of any fence that is not maintained in accordance with the provisions of this Code, and the cost assessed against the property where said fence is located. An extension of time may be granted, upon filing a verified statement that the delay is not a result of any act of the owner.

(b)

Overland Flowage Easements.

(1)

Fences may encroach into an overland flowage easement providing measures are taken to make certain that the fence does not cause siltation buildup or restrict the water flow.

(2)

Permitted fence material includes chain-link, wrought iron fencing, picket style fencing that is at least 50 percent open, or other fencing styles that are at least 50 percent open.

(3)

All fencing shall be elevated a minimum of three inches through the swale part of the easement to allow water flowage.

(c)

Exceptions to Fence Standards.

(1)

Recreational Purposes. Fences associated with the uses of a sports or recreational facility or other similar area, shall not be subject to the height restrictions specified elsewhere in this section, provided that such fence is constructed to maintain a consistency of at least 75 percent open space for the full length of the fence and does not impede the required vision clearance. Any such fence is subject to design review and approval of the Zoning Administrator.

(2)

Governmental Properties. Fences associated with governmental (federal, state, county, city) facilities and properties.

(3)

Temporary Fences. Temporary or seasonal fences, e.g., snow fence, garden fence, are exempt from permitting requirements providing they are not more than four feet in height. Snow fence shall be allowed to be placed from the first day of November through the first day of April of the following year. Snow fence shall not be allowed at any other time of the year, unless it is being placed as safety or construction fencing in accordance with the temporary construction fence requirements of this Chapter.

(4)

Temporary Construction Fence. Temporary construction fences, barricades, railings, or other similar fences installed to provide temporary site security and/or safety in conjunction with construction work may be allowed in any district during periods of construction. Any such temporary fences shall be removed upon completion of the construction work.

(5)

Existing Fence. Repair of existing, legal but nonconforming fences shall not be subject to the setback or height regulations, if the repair or replacement coincides with the location and height of the existing fence. Complete replacement of an existing fence requires compliance with the terms of this Chapter. Complete replacement shall be defined as the removal or replacement of 40 percent or more of the existing fence.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation so long as the activity is not in conflict with any City ordinance. Articles produced or constructed shall not be sold unless the activity complies with the requirements for a home occupation.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

(a)

Home occupations are permitted as an accessory use to a residence subject to the following provisions:

(b)

Purpose and intent. It is the purpose and intent of these requirements to:

(1)

Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses.

(2)

Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors.

(3)

Establish criteria for operating home occupations in dwelling units within residential districts.

(4)

Assure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.

(c)

Performance criteria. Home occupations shall comply with the performance criteria of Article 6, Chapter V, of the City Code, which are incorporated herein by reference as if set out in full.

(d)

Other regulations. Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the imposition of requirements under this chapter shall not be construed as an exemption from these regulations.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

(1)

Where permitted in residential districts, storage of not more than one of the following is permitted: a boat, a camping trailer, a pickup camper, a motor home, a recreational vehicle or a hauling trailer. Storage shall not occur in the front yard or the side or rear yard between the house and the street (see definition for "Front Yard"). On corner lots where the house is built diagonally across the corner, storage of these items shall not pass the front corner of the house structure on this or the adjacent lot whichever is more restrictive. Storage areas are not required to be paved. These items may be parked in the customary driveway for purposes of loading or unloading or trip preparation for a period of time not to exceed two 48-hour occurrences within a 30-day period during which these items are being loaded or unloaded.

(2)

Except as may be otherwise provided in Chapter V or VII of the City Code, no other equipment, material or vehicle, other than operable passenger vehicles or motorcycles, shall be stored for more than 24 hours in a 30-day period in a residential district.

(3)

Exceptions from the above may be granted by the Governing Body upon approval of plans indicating screening to be installed and setbacks to be used.

(4)

In commercial districts, trucks, vans and trailers may be parked, but not for a period in excess of 72 hours, nor shall trucks, vans or trailers be used for storage or sale of merchandise.

(5)

Notwithstanding the foregoing, useful items may be stored outside to the extent permitted elsewhere in the City Code. Storage of these items shall be permitted only to the extent that it is accessory to the residential use of the property; storage related to any business activity shall not be permitted.

(6)

No temporary or incomplete building, and no automotive equipment, trailer, recreational vehicle, garage or other use or building accessory to a family dwelling shall be erected, maintained or used for residential purposes.

(7)

A recycling collection point as defined in this chapter may be permitted as an accessory use only after approval of a final development plan by the Governing Body. Prior to granting any approval, the Governing Body shall consider the impact of the proposed activity and structure on:

a.

Adjacent properties and uses;

b.

The visual appearance of the area; and

c.

Traffic circulation on and off the site.

In all residential districts, recycling collection points may be permitted only in conjunction with a nonresidential use such as a school, church, or community building.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

(a)

Little free libraries. A little free library is a "take a book, return a book" gathering place where neighbors share their favorite literature and stories. In its most basic form, a little free library is a box full of books where anyone may stop by and pick up a book (or two) and bring back another book to share.

(b)

Little free libraries are permitted to be placed on single-family residential lots, City properties, church properties and public or parochial school properties. These are considered an accessory structure and accessory use to the property and shall conform to the following guidelines:

(1)

The little free library shall not be located in or overhang the public street right-of-way or any public or utility easement and shall be at least five feet behind the curb;

(2)

The associated structures shall not obstruct vehicular, bicycle or pedestrian traffic, either physically or by a person utilizing the Little Free Library;

(3)

The structures shall not obstruct access isles or paths utilized by persons in wheelchairs or for ADA accessibility;

(4)

The little free library must be placed in the front yard between the face of the house or building and the street right-of-way. At its discretion, the City may make exceptions for churches and schools which may be approved administratively by City Staff;

(5)

The library structure shall be designed to hold books. The overall structure shall be limited to a height not to exceed 66 inches; a width not to exceed 30 inches; a depth not to exceed 18 inches; and the box height shall not exceed 30 inches;

(6)

The structures shall be anchored to the ground or securely attached to something having a permanent location on the ground;

(7)

There shall be a limit of one little free library per address;

(8)

A little free library meeting the above conditions will not be subject to any permits or special licensing requirements.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)

All accessory dwellings, where permitted, shall comply with the following:

(1)

No more than a total of two dwelling units (principal and accessory) are allowed on a single lot or parcel.

(2)

An accessory dwelling may be contained within, attached to, or detached and separate from the principal dwelling and must be located wholly within the same lot or parcel of the principal dwelling.

(3)

The lot or parcel, principal dwelling, and accessory dwelling shall all be under the same ownership and the owner must live on the property either in the principal dwelling or the accessory dwelling as their principal place of residency.

(4)

The total gross floor area of the accessory dwelling cannot exceed the lesser of 800 square feet or 80 percent of the total gross floor area of the principal dwelling.

(5)

The accessory dwelling shall have no more than one bedroom and shall have its own bathroom and kitchen.

(6)

The accessory dwelling shall comply with the building setback and bulk regulations for a principal building as applicable for the zoning district in which its lot or parcel is located.

(7)

The exterior design and appearance of the accessory dwelling, attached or detached, must compliment the design, features, exterior building materials, and level of finish of the principal dwelling building and shall otherwise comply with the requirements of the architectural design standards found in the City's zoning code regulations.

(8)

The accessory dwelling may have its own entrance or share an entrance with the principal dwelling but cannot have its own separate entrance on the same facade as the front or street-facing entrance of the principal dwelling.

(9)

The principal dwelling shall have no less than two off-street parking spaces and one additional off-street parking space shall be provided for the accessory dwelling. Tandem style parking spaces (where access to a given space may be blocked by the designated parking space of another vehicle) shall not count towards meeting the parking requirements of this section. Unless specifically approved by the approval authority, accessory dwelling units shall not have a driveway separate from that of the principal dwelling.

(10)

All accessory dwellings require approval of a Special Use Permit from the Planning Commission and Governing Body in accordance with the procedures outlined within this Chapter. To approve a request for a Special Use Permit, after a public hearing, the approval authority shall consider and make favorable findings regarding the following requirements. Failure to make favorable findings for any or all of these requirements shall be cause to deny the request.

a.

The size, location, layout, and appearance of the principal dwelling and the proposed accessory dwelling do not negatively impact the adjoining properties and surrounding neighborhood.

b.

Adequate provisions for parking have been made for both the accessory dwelling and the principal dwelling.

c.

The property is appropriately zoned for an accessory dwelling and all city code requirements have been satisfied.

(Ord. No. 1056, § 3(Exh. C), 8-5-2024)